BIMCO制定标准条款以应对美国贸易代表办公室301(USTR)措施

世界最大航运协会BIMCO的法律文件委员会已通过一项标准条款，该条款旨在应对因美国贸易代表办公室(USTR)发布针对中国相关船舶征收费用的行动通知而引发的合同不确定性。

A BIMCO subcommittee comprising legal and commercial experts began working on the clause at the start of June, prioritising its development as the USTR announced actions to impose fees on ships calling at US ports which are Chinese-built or have Chinese owners or operators.  

在USTR宣布将对挂靠美国港口的中国建造、中国船东所有或中国经营人运营的船舶征收费用后，由法律与商业专家组成的BIMCO小组委员会自6月初起便着手起草该条款，并将其作为优先事项处理。 

“It has been a priority to engage experts representing different segments of the industry when developing the clause in a short space of time. The USTR actions will present complex challenges, and the subcommittee has carefully discussed how best to arrive at a result that will help the industry minimise disputes,” says Stinne Taiger Ivø, Deputy Secretary General & Director of Contracts at BIMCO.

BIMCO副秘书长兼合同部门负责人Stinne Taiger Ivø女士表示：“在短时间内制定该条款的过程中，我们优先考虑的是邀请代表航运业不同领域的专家参与其中。USTR的行动将带来复杂的挑战，BIMCO小组委员会经过审慎和充分的讨论，力求制定出有助于行业在最大程度上减少纠纷的条款。

“We anticipate that many of the current uncertainties surrounding the enabling provisions to give the USTR Notice its intended effect will be resolved in the months following the implementation of the USTR fees. As more experience is gained, reviewing the clause to ensure it continues to meet our high standards and the industry's needs will be part of BIMCO’s ongoing contractual work,” says Nicholas Fell, Chairperson of BIMCO’s Documentary Committee.  

BIMCO法律文件委员会主席Nicholas Fell先生表示：“我们预计在USTR费用正式实施后的数月内，目前围绕使USTR行动通知生效的授权条款存在的诸多不确定性将会逐步得到解决。随着实践经验的积累，BIMCO也将在日常合同工作中持续关注该条款，以确保其继续符合我们的高标准并满足行业的实际需要。” 

The Notice of Action will significantly raise the cost of seaborne trade to and from the United States and add to regulatory challenges for the shipping industry.

USTR行动通知将显著提高往返美国的海运贸易的成本，并加剧航运业面临的监管挑战。 

They are part of the USTR’s “Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance” and will also result in fees imposed on any car carrier built outside of the United States.  

该行动通知是USTR“根据301条款针对中国海事、物流和造船领域占据主导地位的调查法案”的一部分，该行动同时含有对所有非美国建造的汽车运输船征收费用的措施。 

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以下为条款内容

BIMCO USTR Clause for Time Charter Parties 2025 

“USTR Notice” means the ‘Notice of Action and Proposed Action in Section 301 Investigation of China’s Targeting the Maritime, Logistics, and Shipbuilding Sectors for Dominance, Request for Comments’ by the Office of the United States Trade Representative published on 23 April 2025 in the Federal Register, (90 FR 17114), any subsequent notices related thereto, and any enabling rules, regulations or guidance issued by a US federal agency (“US Agency”) in furtherance thereof. 

“US Service Fee” means any taxes, fees, dues, levies, port entrance fees, or other charges imposed by any US Agency on the Vessel, the Vessel’s owners or operators pursuant to Annexes I and II of the USTR Notice.  

(a) For the purpose of the USTR Notice, the parties agree at the date of this Charter Party that, if so requested by the Charterers, the Owners shall declare in writing to the Charterers whether: 

(i) the registered owners, the bareboat charterers and/or the disponent owners (if applicable) or their managers are a Chinese vessel owner and/or if the vessel operator is a vessel operator of China, as defined in the USTR Notice; and/or  

(ii) the Vessel is built in China.  

The Owners shall also be obliged to notify the Charterers as soon as reasonably practicable of any changes or corrections to the requested information declared under subclauses (a)(i) and (a)(ii) above occurring at any time after the date of the Charter Party and during the duration of this Charter Party. 

(b) Subject to subclauses (c) and (d) below, and notwithstanding any other provision of this Charter Party, if at any time the Vessel is ordered by the Charterers to call at any port or place in the US and a US Service Fee is incurred, the Charterers shall be solely responsible for such US Service Fee.  

(c) The Charterers shall not be responsible for any US Service Fee incurred or any increase thereof if: 

(i) the Owners’ declaration under subclauses (a)(i) and (a)(ii) to the Charterers is inaccurate and/or incomplete or the Owners failed to provide the declaration requested under subclause (a) above;  

(ii) any US Service Fee or any such increases are directly incurred as a result of any change by the Owners of the registered owner, the bareboat charterer and/or disponent owner (if applicable) or their managers; or  

(iii) any US Service Fee or any such increases are directly incurred as a result of any change by the Owners of the vessel operator as defined in the USTR Notice,  

 provided always that the Charterers will remain responsible if there is any reduction in the US Service Fee incurred and for any US Service Fee which would have been incurred regardless of the events in subclauses (c)(i), (c)(ii) and (c)(iii) above. 

(d) The Charterers shall not be responsible for any US Service Fee incurred as a result of the Owners’ breach(es) of this Charter Party, any off-hire event, or any use of the Vessel outside of the Charterers’ instructions.  

For the avoidance of doubt, nothing in this Clause shall affect any rights or obligations of the parties in respect of General Average.  

(e) The Charterers, or the Owners if subclauses (c) or (d) are applicable, shall promptly remit such US Service Fee directly to the relevant US Agency. Such payment shall be effected in compliance with the US Agency’s payment instructions and such fee shall not be advanced or remitted through the local port agent appointed under this Charter Party.  

(f) To the extent that the US Agency's payment instructions require payment other than by a responsible party under this clause, that party shall pay the US Service Fee directly and the responsible party shall reimburse the paying party promptly. 

(g) Where the Charterers fail to make payment (or reimbursement) of the US Service Fee as required by this Clause:    

(i) the Charterers shall take immediate steps to rectify such failure; 

(ii) the Owners shall be entitled to suspend performance under this Charter Party without liability and the Vessel shall remain on hire;   

(iii) any time lost, delays, detentions, costs, losses, fines, damages, or expenses whatsoever arising from such failure shall be for the Charterers’ account; and  

(iv) the Charterers shall indemnify, defend and hold harmless the Owners and the Vessel against all consequences, claims, or demands howsoever arising from such failure 

For the avoidance of doubt, the Owners’ right to suspend performance with the Vessel remaining on hire under subclause (g)(ii) shall prevail and apply notwithstanding any other provisions of this Charter Party, including any off-hire provisions. 

(h) Where the Owners fail to make payment (or reimbursement) of the US Service Fee as required by this Clause: 

(i) the Owners shall take immediate steps to rectify such failure; 

(ii) any time lost, delays, detentions, costs, losses, fines, damages, or expenses whatsoever arising from such failure shall be for the Owners’ account; and  

(iii) the Owners shall indemnify, defend and hold harmless the Charterers against all consequences, claims, or demands howsoever arising from such failure.