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Although the New York Produce Exchange Charter Party 1946 (hereinafter “Nype 46”) is probably the most widely used time charter party form still, it is not a very good form in this day and age. It dates back to 1946 and readers will agree that quite a few things have changed since then! However, it would be naive simply to ignore it.
AIS manipulation is one tool used by parties to evade sanctions. This clause addresses this issue and is part of the BIMCO suite of sanctions clauses. It is intended to be part of a company’s sanctions compliance due diligence programme. Although the continuous operation of a ship’s Automatic Identification System (AIS) is mandatory under SOLAS, there are circumstances where it may be legitimately be switched off. The purpose of the clause is to ensure that when this is done legitimately, it does not give rise to termination rights and ensures a balance of the rights and responsibilities between owners and charterers in preventing AIS manipulation to evade sanctions.