In the lead up to the general election, then-candidate Donald Trump often repeated campaign promises to massively cut federal regulations that he viewed as stifling to business growth and killing jobs. True to his word, in his first 200 days of office, President Trump has generally delivered on his promise to stymie new federal regulations, including those impacting the maritime industry. Continue reading “Regulatory Stalemate in the Trump Era”
While the United States is a party to an international convention on the enforcement of foreign arbitral awards, it is not a party to any similar instrument regarding the enforcement of foreign court judgments. Nevertheless, foreign court judgments providing civil as opposed to criminal relief can be enforced in the United States, generally pursuant to the laws of individual states where judgment enforcement is sought. Continue reading “Enforcement in the United States of Foreign Judgments that Incorporate Monetary “Penalty” Provisions”
The single most frequently asked question by our international clients over the past several months is whether there will be changes in white collar prosecution priorities under the new administration, specifically with respect to the Foreign Corrupt Practices Act (“FCPA”). The FCPA, which criminalizes the payment of bribes to foreign officials around the world, has been subject to enforcement trends and scrutiny during its 40-year history.
As we previously discussed in our March 2017 issue of Mainbrace, blockchain technology is continuing to prolifer- ate throughout all aspects of industry, including shipping, with Hyundai Merchant Marine (“HMM”) recently completing its first pilot voyage from the South Korean port of Busan to the Chinese port of Qingdao employing blockchain technology. Continue reading “Fintech Alert: Marine Insurance Embraces Blockchain Technology”
Blank Rome Associate Kate B. Belmont authored the chapter, “Maritime Cyber Security: The Unavoidable Wave of Change,” in Issues in Maritime Cyber Security, edited by Joseph DiRenzo III, Nicole K. Drumhiller, and Fred S. Roberts (2017, Westphalia Press, an imprint of the Policy Studies Organization).
ABOUT THE BOOK:
The world relies on maritime commerce to move exceptionally large portions of goods, services, and people. Collectively, this effort comprises the Maritime Transportation System (“MTS”). Cyber networks, and the infrastructure they control, are a major com- ponent of this daunting multifaceted enterprise.
The impact of the cyber element on the international MTS is significant. The need for all stakeholders in both government (at all levels) and private industry to be involved in cyber security is more significant than ever as the use of the MTS continues to grow.
This pioneering book is beneficial to a variety of audiences, as a text book in courses looking at risk analysis, national security, cyber threats, or maritime policy; as a source of research problems ranging from the technical area to policy; and for practitioners
in government and the private sector interested in a clear explanation of the array of cyber risks and potential cyber defense issues impacting the maritime community.
To learn more or to purchase Issues in Maritime Cyber Security, please click here.
Blank Rome Partner Jeremy Herschaft has been appointed as a vice president of the International Association of Young Lawyers (“AIJA”) Transport Law Commission for a three-year term.
Mr. Herschaft will serve in the vice president position along with Cherry Almeida of Alius Law (Rotterdam) and Lucas Marques of Kincaid (Rio de Janeiro), and all three will support incoming Transport Law Commission President Javier Zabala of Meana Green Maura & Co. (Bilbao).
Through his role, Mr. Herschaft spoke on the panel “Maritime Credits and Liens vs International Insolvencies—Digesting
the Latest Judicial Resolutions Throughout the E.U. and the U.S.” at the AIJA seminar, Navigating Through Troubled Waters; Current Trends in International Maritime and Energy Insolvencies, held September 28-30 in Bilbao, Spain. For more information on his panel, please click here.
Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver, available here, in the interest of national defense and in response to the devastation caused by Hurricane Maria. The waiver commences immediately and applies to all products shipped from U.S. coastwise points to Puerto Rico. Covered merchandise must be laded on board a vessel within the 10-day period and delivered by October 18, 2017.Continue reading “Department Of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico”
Action Item: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously issued seven-day Jones Act waiver by an additional seven days, to now run through September 22, 2017. This second Jones Act waiver also expands the number of states to which the waiver applies, and now includes movement of refined petroleum products, including gasoline, diesel, and jet fuel, shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Puerto Rico. The new waiver can be found here.Continue reading “Department Of Homeland Security Extends Jones Act Waiver”
Action Item: On September 8, 2017, Acting Secretary of the Department of Homeland Security (“DHS”) Elaine Duke granted a seven-day waiver of the Jones Act in the interest of national defense. The waiver was issued to facilitate the movement of refined petroleum products to be shipped from New York, Pennsylvania, Texas, and Louisiana to South Carolina, Georgia, Florida, and Puerto Rico. Notably, this waiver applies to covered merchandise laded on board a vessel within the seven-day period of the waiver, and interested parties should be aware of the restrictions attendant to this waiver. The actual Jones Act waiver can be found here.Continue reading “Jones Act Waiver Granted In Response to Hurricanes Harvey and Irma”
Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question any previous rebuild activity in which a vessel may have been engaged. To ensure future compliance with coastwise trade requirements, industry stakeholders must now consider the additional “cumulative steelweight” test articulated in the recent determination when assessing the extent to which foreign work has been performed on a vessel’s hull or superstructure.Continue reading “U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight” Criteria”
