We are proud to announce that Corporate Vision has selected us as the winner for the 2016 Dispute Resolution Awards.

We are proud to announce that Corporate Vision has selected Christodoulos G. Vassiliades & Co LLC as winner of the 2016 Dispute Resolution Awards.

Corporate Vision is created by a highly experienced and passionate team of business experts, advisors and insiders, which is committed to providing discerning readers worldwide with a wealth of news, features and comment on the corporate issues of the day.

Corporate Vision’s 2016 Dispute Resolution Awards are designed to pay homage to key players within the legal industry, celebrating the innovative and committed approach firms have to handling both small and large disputes across the sector.

Corporate vision team used a combination of client testimonials, industry journals and in-house research to determine the best of the best, considering initiative and innovative thinking towards client service, wealth of knowledge and experience within the sector, significant cases in the recent 12 months, developments and progressions of a firm and research and writings in the practice of Dispute Resolution.

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Our litigation experts offer client-focused advice on matters regarding dispute resolution, international commercial litigation and procedural issues on international civil litigation and arbitration. Our team’s main priority is to escape costly and lengthy litigation and focus on resolving disputes through mediation whenever possible, including service of foreign legal documents in Cyprus, and local enforcement of foreign judgments or arbitral awards.

2016 proves to be an extremely successful year for us and we have shown once again excellence not only in our expertise but in service.

We pride ourselves in providing excellent service to all our clients and are particularly pleased when our efforts are recognised and rewarded.

Cyprus Tonnage Tax System: Flags appearing on the Grey List and Black List of the Paris MOU for the Fiscal Year 2016

As per Circular No. 33/2016 published by the Department of Merchant Shipping on the 16th of November 2016 with regard to the Cyprus Tonnage Tax System (Law 44(I)/2010), the Director of the Department relied on sections 17(2), 27(2) and 40(2) of the Law and the relevant tables contained in the Annual report of the Paris MOU for the year 2015 and has decided that certain flags will be included in the Grey List or the Black List of the Paris MOU for the fiscal year 2016.

Specifically, ships flagged under flags of: Albania, Algeria, Bulgaria, Curacao, Egypt,

Georgia, India, Jamaica, Kuwait, Lebanon, Libya, Lithuania, Malaysia, Mongolia, Morocco, Poland, Slovakia, Switzerland, Syrian Arab Republic, Thailand, Tunisia, Tuvalu, Ukraine, Vanuatu or Viet Nam, are included in the GREY list of the Paris MOU. Moreover, the Qualifying non-Community ships that fall within this List shall have their annual tonnage tax increased by thirty per cent (30%),

Similarly, ships flagged under flags of: Azerbaijan, Belize, Bolivia, Cambodia, Comoros, Dominica, Honduras, Republic of Moldova, Montenegro, Sierra Leone, St. Kitts and Nevis, St. Vincent and the Grenadines, United Republic of Tanzania, or Togo, are included in the BLACK list of the Paris MOU, accordingly. Qualifying non-Community ships that fall within this List shall have their annual tonnage tax increased by sixty per cent (60%).

In addition, Community and non-Community ships under management flying a flag of a State mentioned in the BLACK list must be deemed to comply with international and Community standards only if the technical and crew management of every such ship is entirely performed from the territory of any Member State. In case of failure of compliance with these requirements, s 54 of the Law will apply, thus the Director may impose a fee to ensure compliance.

New standard notification form in relation to waste delivery to port reception facilities

Transposition – implementation of Commission Directive (EU) 2015/2087 of 18/11/2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues.

The European Union adopted Directive (EU) 2015/2087 replacing the table included in Annex II of Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues.

The new Annex II introduces information of the types and quantities of ship generated waste delivered to port reception facilities in the last port of delivery and new and more detailed categorization of garbage. Therefore, a new standard form of the notification form has been generated in relation to waste delivery to port reception facilities.

By the 9th day of December, all EU Member States must adopt and publish all relevant necessary laws to comply with Directive 2015/2087. The 10th Schedule of our national order P.I 771/2003 will be replaced with the said new standard form as per Directive 2015/2087.

IMO sets 2020 date for ships to comply with low sulphur fuel oil requirement

As per the International Maritime Organization’s (IMO) decision, 1st January 2020 has been set as the implementation date for a significant reduction in the sulphur content of the fuel oil used by ships. The decision was taken during the IMO’s Marine Environment Protection Committee (MEPC), meeting for its 70th session in London.

Accordingly, under the new global cap, ships will have to use fuel oil on board with a sulphur content of no more than 0.50% m/m, as opposed to the 3.50% m/m global limit currently in place. Use in main and auxiliary engines and boilers is also included in the interpretation of “fuel oil used on board”, while exemptions will be provided for situations involving the safety of the ship or saving life at sea, or if a ship or its equipment is damaged.

Ships are advised to use low-sulphur compliant fuel oil, gas or methadol, as alternatives, in order to meet the new low standard requirement. Moreover, ships may meet the emission requirements by using approved equivalent methods, such as exhaust gas cleaning systems or “scrubbers”, since these “clean” the emissions before they are released into the atmosphere. Such equivalent arrangement though must firstly be approved by the ship’s Flag State Administration.

It is noted that the limits in Sulphur Oxides Emission Control Areas (ECAS)[1] established by IMO, which since 1 January 2015 has been 0.10% m/m, will not be affected by the new global cap.

The decision of the IMO for such reduction in sulphur fuel oil requirement is welcome as a significant step towards the environment and human health. As provided by the IMO Secretary-General Kitack Lim “the reductions in sulphur oxide emissions resulting from the lower global sulphur cap are expected to have a significant beneficial impact on the environment and on human health, particularly that of people living in port cities and coastal communities, beyond the existing emission control areas”.

[1] ECAs established under MARPOL Annex VI for SOx are: the Baltic Sea area; the North Sea area; the North American area (covering designated coastal areas off the United States and Canada); and the United States Caribbean Sea area (around Puerto Rico and the United States Virgin Islands).

Renewal of the Certificate of a Private Ship Security Company (PSSC)

Circular No. 31/2016

Subject:

  • Renewal of the Certificate of a Private Ship Security Company (PSSC)
  • Circular by virtue of section 81 of the Protection of Cyprus Ships against Acts of Piracy and Other Unlawful Acts Law of 2012, Law 77(I)/2012 (“the Law”)

The master of a ship and the ship’s operator each has the obligation to implement the necessary measures, in accordance with the provisions of SOLAS chapter XI-2, the ISPS Code and Regulation (EC) No 725/2004, for ensuring and maintaining the security of the ship and for preventing unlawful acts. The ship’s operator may entrust to a private ship security company, through a written private agreement, the implementation of some of the security measures.

According to the Law a “private ship security company” means a legal person which has been approved pursuant to the provisions of this Law and to which a PSSC certificate has been issued pursuant to the provisions of the Law to resemble the authority of the private ship security company to implement security measures on a ship.

The Department of Merchant Shipping has set the below procedure for the renewal of a PSSC Certificate:

A PSSC must submit the following documents to the Competent Authority, at least 15 days prior to the expiration date of its latest valid PSSC Certificate:

  • The latest version of the Application for the Renewal of the Certificate (Form “EN04F114”), duly completed and signed by the person responsible for the company.
  • The latest version of the PSSC Information Sheet (Form “EN04F116”), outlining the information required by the Sixth Schedule of the Law, dully completed and updated.

For the examination of an application for the renewal of a PSSC Certificate the prescribed fees should be remitted (refer to the Protection of Cyprus Ships Against Acts of Piracy (Determination of Fees) Notification in force issued by the Director of the Department under section 86 of the Law) and the relevant forms may be obtained from the official webpage of the Department of Merchant Shipping (DMS) (www.shipping.gov.cy).

The Competent Authority, in addition to the examination of the documents referred to in paragraph 2 above and prior to renewing a Certificate, may decide, as an integral part of the renewal procedure, to carry out an inspection/audit at the office(s) from where the PSSC is conducting its activities/ operations, for the purpose of determining that the provisions of the Law are implemented, pursuant to section 77(1) of the Law.

Maritime Labour Convention 2006 (MLC): Financial Security Requirements

In April 2014, the International Labour Organisation (ILO) agreed on several amendments to the MLC, which have been agreed on back in 2009 by the joint IMO/ILO financial security working group. As per Circular No 2016/16 issued by the Group Director of The North of England P&I Association limited, these amendments will be applicable as of 18 January 2017.

Accordingly, after the implementation date, all ships registered in a state where MLC is in force or calling at a port of jurisdiction where MLC is in force will have to display certificates issued by an insurer or other financial security provider confirming that insurance or other financial security is in place for liabilities in respect of

  • The cost and expense of crew repatriation along with an up to four months contractually entitled arrears of wages and entitlements following abandonment in accordance with MLC Regulation 2.5.2, as amended; and
  • Contractual claims arising from seafarer personal injury, disability or death in accordance with Regulation 4.2 as amended.

For easy implementation of the amendments, all 13 International Group (IG) Clubs agreed on providing the necessary MLC certification by way of an extension clause to the P&I rules and indemnify the seafarers directly should the requisite MLC event occur. However, a right of indemnity of Members will be in place meaning that the Members will be obliged to reimburse the Club where the new MLC liabilities will not fall within the Club’s existing standard cover.

Further, it is agreed by the IG Clubs that they will participate in a separate group reinsurance agreement, in the event a Club becomes liable for its Members’ financial default resulting in a seafarer abandonment.

The certificates will be provided by the Club and upon their issuance, they will have to be posted in a conspicuous place on board in order to be available to seafarers until the 18 January 2018.

New Paphos Office Announcement

We are delighted to announce the further expansion of Christodoulos G. Vassiliades & Co. LLC, with the proud addition of the Paphos office. Our Paphos presence reflects our continued commitment to growth and expansion of our business portfolio and range of services offered to our clients.

Our Paphos office is conveniently located at S.P. Business Centre, 17 Neofytou Nikolaidi & Kilkis Avenue, which is on the same street and within one minute walking distance from the Paphos District Court, Land Registry and Tax Authority.

With over 30 years of experience, our Firm is currently one of the most-reputable and well-established law firms in the Republic of Cyprus. We are very proud that we now have presence in all three major cities in Cyprus: Nicosia (Head Office), Limassol and Paphos.

We are known as a one-stop service firm, because we are able to provide prompt and quality services extending to multiple areas of the law. Our dynamic and experienced team is well-equipped to assist you on a wide range of legal services, including but not limited to Property Law, Immigration Law, Company Law, Contract Law etc.

With our international reach, having affiliated offices in Greece, Malta, London, Hungary, Russia, Seychelles and Belize, we are in a position to assist you with your legal needs in these jurisdictions too. Our mission is to be a one-stop firm serving yours and your family’s needs.

Person responsible for the office:

Sanela Trzin

(Barrister at Law & Registered European Lawyer) | sanelat@vasslaw.net

Lawyers of the office:

Athina Evagorou (Advocate) | athinae@vasslaw.net

Marija Butkute (Legal Consultant) |marijab@vasslaw.net

Contact Details:

Address: S.P. Business Centre, 17 Neofytou Nikolaidi & Kilkis Avenue, Office 206 & 207, 8011 Paphos, Cyprus

Tel: +357 26 500500 | Fax: +357 26 500501

Email Address: sanelat@vasslaw.net

Mailing Address: P.O.Box 62625, CY-8066 Paphos, Cyprus

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WORLD MARITIME DAY 2016 – “SHIPPING: INDISPENSABLE TO THE WORLD”

And the date has been set… the Shipping Industry is to celebrate the World Maritime Day on the 29 September 2016. This year’s theme, “Shipping: Indispensable to the World”, has been inspired from stories of our everyday lives as the IMO tells.

Once upon a time…..a TV arrived in a containership; the grain that made the bread in that sandwich came in a bulk carrier; the coffee probably came by sea, too. Even the electricity powering the TV set and lighting up the room was probably generated using fuel that came in a giant oil tanker.

And the story never ends… DID YOU KNOW THAT:

  • As highlighted by United Nations Conference on Trade and Development (UNCTAD), around 70-80% of global trade by volume and by value are carried by sea and are handled by ports worldwide;
  • In 2015, around 90,000 vessels constituted the world’s commercial fleet consisted, with a total carrying capacity of some 1.75 billion dwt. This fleet is registered in more than 150 nations and is manned by more than a million seafarers of virtually every nationality;
  • Grain carried by a single ship is enough to feed nearly 4 million people for a month; another ship can carry enough oil to heat an entire city for a year, and others can carry the same amount of finished goods as nearly 20,000 heavy trucks on the road.
  • In 2014, according to UNCTAD, the industry shipped 9.84 billion tonnes of cargo for an estimated 52,572 billion tonne-miles of trade – a truly staggering statistic;
  • According to UNCTAD the operation of merchant ships contributes about US$380 billion in freight rates within the global economy, equivalent to about 5% of the total world trade.

What is more than true is that shipping affects us all. Wherever you are, if you look around you, you are certainly going to see something that has been transported by sea. This is a story that needs to be told and this is the reason for this year’s Maritime day’s theme. Maritime transport can be fairly considered as the backbone of international trade and the global economy. Globalization is a fact; the economy is developing, the world population is doubling and the countries need to follow up. Shipping has always been, and will remain, servant of the world’s economy.

Additionally, in terms of environment protection, shipping can fairly be considered as driver of “green growth”, given its impressive environmental performance. Due to IMO’s strict controls on discharges and emissions and regulatory regime, both accidental and operational pollution from ships has steadily diminished over many decades.

Overall, as highlighted by IMO’s notice it is unfortunate that despite the standards of living in the industrialized and developed world, and the jobs and livelihoods of billions in the world depending on ships and shipping, yet most of the people remain blissfully unaware of how much they rely on it and how much it shapes their lives. With that in mind, shipping has to tell its story: the story of an industry that, in terms of efficiency, safety, environmental impact and its contribution to global trade is unmatched by any other transport sector; the story of shipping – which is, truly, indispensable to the world.

Circular 2016/12 – Tax Department: Exemption from the Special Contribution for the Defense Tax on bank accounts

On the 16th of September 2016, the Tax Department issued a circular with regards to the exception from Special Contribution for Defense tax, that is available to owners, charterers or managers of ships who are taxed by virtue of the Merchant Shipping (Fees and Taxing Provisions) Law of 2010 (the “Law).

Article 8(d) of the Law, which regulates the shipowner’s taxation, provides that “No tax shall be imposed or collected ….. (d) other than interest on moneys kept for investment, upon any interest earned on working capital and/or revenue earned by a qualifying owner from a relevant qualifying shipping activity on bank accounts , if such working capital or revenue is used to pay expenses for the financing and/ or the operation and/ or the maintenance of the ship.”

Identical exception is provided for charterers and managers under articles 20(d) and 30 (d).

As per the relevant Circular, the exemption deriving from the above-mentioned articles concerns all taxes, including income tax and special contribution for defense on interest received by or credited to eligible owners, charterers and ship managers in:

  1. Bank accounts that are being used as working capital; or
  2. Bank accounts whose deposited capital constitutes income which derives exclusively from eligible shipping activities,

provided that the relevant bank accounts are being used exclusively for the funding of the eligible shipping activity of the beneficiaries.

It is highlighted that no tax exemption is granted on interest of capital which is being used for investment or for any purpose other than the funding of the eligible shipping activity, even though the capital derives from income of the eligible shipping activity.

Furthermore, no tax exemption is applied on interest of bank accounts of which the beneficiary is not an eligible shipowner, charterer or ship manager.

The provisions of the Taxation of Income Law N.44(I)/2010, as amended, and of the Special Contribution for the Defense of the Republic Law N.117(I)/2002, as amended, is applicable to all other interest which does not fall within the scope of articles 8(d), 20(d) or 30(d).

The interest which is tax exempted under the abovementioned articles concerns interest of the following bank accounts:

  1. Existing accounts of the eligible shipowners, charterers or ship managers;
  2. Any bank account, including the accounts of the eligible shipowners, charterers or ship managers, in which the deposited capital constitutes income exclusively deriving from eligible shipping activity;
  3. Existing bank accounts in the name of Companies of Specific Purpose which are incorporated in order to facilitate the management of the eligible shipping income with the eligible shipowners, charterers or ship managers being the beneficiaries of them;
  4. Any bank account, including the accounts in the name of Companies of Specific Purpose which are incorporated in order to facilitate the management of the eligible shipping income, in which the deposited capital constitutes income exclusively deriving from eligible shipping activity, with the eligible shipowners, charterers or ship managers being the beneficiaries of the accounts.

The eligible shipowner, charterer or ship manager would have to submit a declaration to the bank in which he holds a bank account in order to benefit from the exemption from the special contribution for the defense tax. The relevant declaration shall make reference only to the bank accounts that are eligible to benefit from the tax exemption as provided above. In case that only a part of the funds of the account is eligible for tax exception, the shipowner, charterer or ship-manager may request return of the Special Contribution for the defense tax which corresponds to that amount.

 

Measures to improve compliance of ships flying the Cyprus Flag calling in ports of the United States of America (USA)

Further to Circular no 27/2016 of the Department of Merchant Shipping (the “DMS”), issued on the 9th of September 2016, due to the constant increase in the number of ships that are flying the Cyprus flag being detained in USA ports, the DMS decided to introduce some measures in order to improve compliance of the ships and to remove Cyprus from the United States Coast Guard (the “USCG”) Target List (safety). The relevant measures will be applicable for all ships flying the Cyprus Flag calling in USA ports from the 1st of October 2016.

Accordingly, all ships flying the Cyprus Flag calling in USA ports are required to forward the below-mentioned documents to the DMS (shipcontrol@dms.mcw.gov.cy):

  • a copy of the Notice of Arrival (NOA) when communicating the aforesaid information to the USCG;
  • at least 24 hours prior to arrival in a USA port, the form shown in Annex 1 duly completed and signed.

    Please see here the pre-arrival-checklist

For more information refer to: