Background

Circular 2635/2018 issued on 28 May 2018 outlined the potential repercussions for shipowners and insurers that will arise from the U.S. Administration’s decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA) agreement signed by China, France, Germany, Russia, the United Kingdom, the United States, the European Union (EU) and Iran.

As previously advised, the U.S. withdrawal from the JCPOA, and its decision to reactivate the nuclear-related laws that were waived in order to implement the JCPOA, will have significant ramifications for maritime trade with Iran and the insurance of such trade.

A copy of Regulation 2018/1100 attaching the new Annex and a Guidance Note issued by the European Commission are attached.

The International Group has engaged extensively with the Office of Foreign Assets Control (OFAC) in the U.S., the European Union External Action Service, European Commission, the UK Treasury and Foreign Office and EU Member States in order to explain some of the practical effects arising from the reactivation of U.S. secondary sanctions on shipowners and insurers, and the potentially complex legal scenario that could arise as a result of EU natural and legal persons complying on the one hand with the reinstatement of U.S. measures, while on the other hand facing a potential exposure to a law suit by virtue of an civil action taken under the Blocking Regulation.

The International Group will continue to monitor and assess the situation. Read the full Circular in the document below.

Circular 2636-2018 EU Blocking Regulation.pdf

Attachments:

Commission Delegated Regulation (EU) 2018/1100

European Commission Guidance Note.pdf

 All clubs in the International Group have issued a similar Circular.