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Restrictions & Sanctions

Asian Gypsy Moth Season 2020 - be prepared!

Members are hereby reminded that calling at areas considered AGM high risk have to be aware of the AGM requirements imposed on ships by various governments that are bent on keeping AGM at bay. The usual suspects are Australia, Canada, USA, Chile and New Zealand.

The AGM high risk period usually starts from late May to September. A ship that has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a ship of high AGM risk and in general is required to get a proper AGM-free certificate at the last port visited at the high risk area.

Members are advised to refer to our AGM section for information and guidance, as well as using our BIMCO AGM clause for Time Charter Parties 2015

Asian gypsy moth season strikes again

The Asian Gypsy Moth (AGM) season has struck again. It starts from late May to September which is considered the high risk AGM period.  So a vessel which has called at a port in the regulated AGM area during the specified risk period of the current or previous year will be considered a vessel of high AGM risk. These vessels are required to comply with the relevant AGM regulations ( for example, a so-called AGM approved certificate) issued by the regulating countries, namely, Australia, Canada, Chile, USA and New Zealand. 

Members are advised to refer to our AGM section for information and guidance. 

Canadian Asian Gypsy Moth regulations

Current regulations


  • Asian gypsy moth notice issued January 2020 jointly by the CFIA and the United States Department of Agriculture (USDA)
  • CFIA Policy Directive D-95-03: Plant protection policy for marine vessels arriving in Canada from areas regulated for Asian Gypsy Moth - Revised March 2018

Joint notice issued by CFIA and USDA

Asian Gypsy Moth

January 2020

Asian gypsy moth (AGM) is a serious pest that can be carried on ships and cargo. AGM populations are prevalent in some seaport areas in Far East Russia, Japan, Korea, and Northern China. If introduced, AGM would have significant negative impacts on North American forestry and agriculture, the natural environment, the commerce that relies on those plant resources, and market access.

Vessels must arrive in North American ports free of AGM and with required pre-departure certification. It is vital that the maritime industry and authorities in the United States (U.S.) and Canada collaborate on measures to minimize the risk of AGM incursion. Although the plant health and agricultural agencies of the U.S. and Canada are independent and have differences in their legislation, AGM risk mitigation and exclusion efforts are a joint effort and a high priority.

Both countries are committed to working with industry partners on measures to reduce AGM risk at origin. The shipping industry’s role in promoting and meeting AGM requirements has been vital to preventing the introduction of AGM to North America and maintaining shipping schedules. When vessels arrive without the required AGM certification, or when AGM is detected, significant delays in cargo loading or discharging activities as well as in routine clearance can occur, resulting in loss of revenue to the shipping line and associated parties.

During the 2019 AGM flight period, very high numbers of moths were observed in many regulated ports. Due to these population outbreaks, a high number of vessels arrived in North American ports with AGM egg masses in 2019. Vessels calling on the areas with population outbreaks in 2019 may arrive in North American ports in 2020. To prevent a similar high number of vessels with egg masses arriving in 2020, extra vigilance in conducting selfinspection— in addition to obtaining AGM certification— is requested.

Actions

For vessels that have called on areas regulated for AGM during the specified periods, as outlined in Table 1, the following measures are required:

  1. Vessels must be inspected and must obtain pre-departure certification from a recognized certification body. A copy of the certificate, stating that the vessel is free of AGM life stages, must be forwarded to their U.S or Canadian agents. The certificate must be issued from at least the last port of call in a regulated area that was visited during the specific risk period.
  2. Vessels must arrive in North American ports free from AGM. To avoid facing inspection delays, re-routing and other potential impacts associated with mitigating the risk of entry of AGM to North America, shipping lines should perform intensive vessel self-inspections to look for, remove (scrape off) and properly dispose of or destroy all egg masses and other life stages of AGM prior to entering U.S. and Canadian ports.
  3. Vessels must provide two year port of call data, at least 96 hours prior to arrival in a North American port, to the Canadian or U.S. agent. The agent is to ensure that this information is provided to U.S. and Canadian officials.

Table 1. Regulated Areas and Specified Risk Periods 

Country Port or Prefecture Specified Period
Russian Far East Nakhodka, Ol'ga, Plastun, Pos'yet, Russkiy Island, Slavyanka, Vanino, Vladivostok, Vostochny, Zarubino, Kozmino 1 July to 30 September
People's Republic of China All ports in northern China, including all ports north 31o15' 1 June to 30 September
Republic of Korea All ports 1 June to 30 September
Japan – Northern Hokkaido, Aomori, Iwate, Miyagi, Fukushima 1 July to 30 September
Japan Western Akita, Yamagata, Niigata, Toyama, Ishikawa 25 June to 15 September
Japan - Eastern Fukui, Ibaraki, Chiba, Tokyo, Kanagawa, Shizuoka, Aichi, Mie 20 June to 20 August
Japan - Southern Wakayama, Osaka, Kyoto, Hyogo, Tottori, Shimane, Okayama, Hiroshima, Yamaguchi, Kagawa, Tokushima, Ehime, Kochi, Fukuoka, Oita, Saga, Nagasaki, Miyazaki, Kumamoto, Kagoshima 1 June to 10 August
Japan - Far Southern Okinawa 25 May to 30 June

In addition, vessels are reminded to ensure they are in good repair and decks are clear of debris and unnecessary obstacles to allow for thorough inspection both in AGM regulated areas and upon arrival in North America. While in regulated ports during moth flight periods and where port operations and safety allow, reducing lighting and keeping exterior doors and curtains closed may reduce the number of moths being attracted to the vessel.  Arranging for inspection and certification services as far in advance as possible and providing two-year port of call history at the time of that request allows the inspection and certification body to better plan for delivery of the service in a timely manner.

Upon arrival in North America there have been AGM detections on vessels that obtained pre-departure certification. During the flight period inspection should be conducted and certification issued as close to departure as possible — ideally during daylight hours and on the same day as departure. Where vessel departure is delayed post certification, there is the possibility that moths may re-infest the vessel with egg masses being deposited post certification.

Although the requirements for AGM pre-departure certification and vessels arriving free from all AGM life forms (egg masses, pupae, adults) are the same for the U.S. and Canada there are differences in port-of-entry processes between the two countries due to sovereign regulations and policies. Please contact local inspection authorities in the port of entry if you have any questions regarding AGM import requirements or clearance procedures.

It is the responsibility of the shipping lines to meet all requirements for entry to the U.S. and Canada, including freedom from AGM and other pest concerns. We strongly urge maritime interests to take all possible precautions. For further information on the AGM program, please visit the Canadian Food Inspection Agency and/or Animal and Plant Health Inspection Service’s website" 

 

CFIA Policy Directive

D -95-03: Plant protection policy for marine vessels arriving in Canada from areas regulated for Asian Gypsy Moth (Lymantria dispar, Lymantria albescens, Lymantria postalba, Lymantria umbrosa)

EFFECTIVE DATE: March 2018

(16th Revision)


Subject

This directive prescribes measures to prevent the entry of Asian gypsy moth (AGM) (Lymantria dispar, Lymantria albescens, Lymantria postalba, Lymantria umbrosa) on vessels and establishment of AGM in Canada

This directive has been revised as follows:

  • The references section has been amended to include a definition of Specified Risk Period.
  • Section 2.1 has been updated to provide an exemption from the AGM certification requirement for vessels travelling to defined Northern Canadian ports and the conditions which must be met for this exemption.
  • Section 3, Inspection procedures, has been updated to outline conditions for exemption from inspection by CFIA for vessels which present required phytosanitary certificate or other approved certificate for AGM and a negative inspection report from Chile.
  • Appendix 2 has been amended to clarify that in all cases, if AGM is detected during inspection, the vessel will be considered non-compliant.
 

Table of Contents 

Review
Endorsement
Amendment Record
Distribution
Introduction
Scope
Reference
Definitions, Abbreviations and Acronyms
1.0 General Requirements
1.1 Legislative Authority
1.2 Fees
1.3 Regulated Pests
1.4 Regulated Areas
1.5 Regulated Commodity
2.0 Specific Vessel Entry Requirements
2.1 Marine Vessels Entering Canada during the AGM risk period for Canada
2.2 Marine Vessels Entering Canada outside of the AGM risk period for Canada
3.0 Inspection Procedures
4.0 Non-Compliance
4.1 Certification
4.2 Infestation
5.0 Appendices
Appendix 1: Regulated Areas and Specified Risk Periods
Appendix 2: Summary of Entry Requirements
Appendix 3: List of CFIA Contacts and Designated Offshore Inspection Sites, for Asian Gypsy Moth, in Eastern and Western Canada
Appendix 4: List of Recognized Sources of Phytosanitary Certificates and Pre-departure Inspection Certificates

 



Review

This directive will be updated as required. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).


Endorsement

Approved by:

Chief Plant Health Officer

Amendment Record

Amendments to this directive will be dated and distributed as outlined in the distribution below.

Distribution

1. Plant Health Directive listserve
2. Other government organizations (Federal, Provincial, Municipal) (determined by Author)
3. National Industry and stakeholder Organizations (determined by Author)
4. Internet

Introduction

Moths in the genus Lymantria are pests of a broad range of coniferous and deciduous trees in temperate and subtropical parts of the world. These insects feed on the foliage of a wide range of hosts of agricultural, forestry, horticultural or environmental importance. The species of concern are those that are absent from Canada including Lymantria albescens, Lymantria umbrosa, Lymantria postalba and the Asian strains of Lymantria dispar, together commonly called Asian gypsy moth (AGM).

Asian gypsy moth is not known to occur in North America, although incursions have occurred and populations have been eradicated in the past. Primarily, these entries have been the result of AGM larvae emerging from egg masses laid on ships and dispersing to land areas surrounding ports in North America. Port areas in infested countries sometimes experience high population levels of AGM. Females frequently fly at night and are known to be attracted to the lights aboard vessels and in the port areas. As a result, eggs may be laid on ship structures and cargo. These eggs are long-lived, tolerant of extremes in temperature and moisture, and can easily survive ocean crossings on vessels. When an infested vessel enters Canada, there exists the potential for the pest to be discharged along with the cargo or for the larvae of the insect to disperse onto surrounding vegetation through a natural process called "ballooning". Ballooning occurs when the larvae suspend themselves on a silken thread and are then carried by the wind to host trees where they feed. In the past, entry of this pest by vessels has necessitated a number of expensive and often intensive eradication programs. The CFIA's AGM policy has been in place since 1992 to mitigate future introductions.

Life stages of suspect AGM arriving in Canada on vessels from regulated ports in far eastern Asia where AGM is known to occur, as listed in this Directive, represent a risk to the Canadian plant resource base and the Canadian economy. The measures prescribed in this directive are intended to prevent incursions of AGM by requiring that AGM life stages, including egg masses, are eliminated from vessels arriving in Canada from regulated ports. Phytosanitary action may be taken on any suspect AGM life stage.

Scope

This directive is intended for use by any individual or company responsible for or acting on behalf of marine vessels wishing to enter Canada, the Canada Border Services Agency, the Canadian Coast Guard (Department of Fisheries and Oceans), Transport Canada and the CFIA. This directive outlines the entry requirements for marine vessels arriving in Canada which have previously called upon ports in areas regulated for AGM.

References

ISPM No. 5: Glossary of Phytosanitary Terms, FAO, Rome (updated annually)

This directive supercedes D-95-03 (15th Revision) and any other policy documents on this subject.

Definitions, Abbreviations and Acronyms

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

Specified risk period: Refers to the time period in an Asian gypsy moth regulated area during which there is a risk of Asian gypsy moth flight and egg mass deposition.

1.0 General Requirements

1.1 Legislative Authority

The Plant Protection Act, S.C. 1990, c. 22
The Plant Protection Regulations, SOR/95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette: Part I
Agriculture and Agri-Food Administrative Monetary Penalties Act, S.C. 1995, c. 40
Agriculture and Agri-Food Administrative Monetary Penalties Regulations, SOR/2000-187

1.2 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported product, please contact the Import Service Centre (ISC).

Anyone requiring other information regarding fees may contact any local CFIA office or visit our Fees Notice Web Site.

1.3 Regulated Pests

The species and sub-species referred to as Asian gypsy moth, (AGM), Lymantria albescens, Lymantria umbrosa, Lymantria postalba, Lymantria dispar japonica and Lymantria dispar asiatica.

1.4 Regulated Areas
Regulated areas are listed in Appendix 1.

1.5 Regulated Commodity

This policy applies to any marine vessel entering Canada that has called on a port in a regulated area during a specified risk period when AGM is likely to be deposited on marine vessels. A list of the specified risk periods for each of the areas regulated for AGM is provided in Appendix 1.

2.0 Specific Vessel Entry Requirements

A summary of requirements is provided in Appendix 2

All marine vessels entering Canada must be free from all life stages of AGM.

All marine vessels entering Canada are subject to inspection at any time of the year to verify freedom from AGM.

The Canadian agent is responsible for ensuring that a marine vessel which has visited a port in a regulated area, during the specified risk period (as per Appendix 1) in the current year or in the year immediately preceding the current year, notifies the applicable CFIA officer (as listed in Appendix 3) at least 96 hours prior to the vessel's arrival in Canadian waters.

The Master of a marine vessel which has visited a port in a regulated area during the specified periods listed in Appendix 1, in the current year or in the year immediately preceding the current year, must provide a summary of the ports called upon by the vessel for the past two years, to CFIA, either directly or via the vessel's Canadian agent. The vessel may be required to report at a designated inspection site at a time mutually agreed to by the agent and the CFIA.

2.1 Marine vessels entering Canada during the AGM risk period for Canada

The AGM risk period for Canada begins in Western Canadian ports on March 1 and in Eastern Canadian ports on March 15. The end of the AGM risk period in Canada ends on September 15 for all Canadian ports.

The Master of a marine vessel arriving during the AGM risk period for Canada which has visited a port in a regulated areas during the specified risk periods listed in Appendix 1 in the current year or in the year immediately preceding the current year must provide to CFIA, either directly or via the vessel's Canadian agent:

  • a summary of the ports called upon by the vessel for the past 2 years; and
  • a copy of a Phytosanitary Certificate or other approved certificate(s) (a list of recognized sources of phytosanitary certificates and pre-departure inspection certificates is provided in Appendix 4).

Vessels calling on all ports of Labrador and north across Canada to the Yukon territory (including all ports in Yukon territory, Northwest territory, Nunavut, and all ports in Ontario and Quebec adjacent to Hudson Bay or James Bay) are exempt from providing a copy of a Phytosanitary Certificate or other approved certificate for AGM if these ports are the first and only ports of call in Canada. However, vessels calling on these northern ports are not exempt from notification requirements for AGM and must provide their forward Canadian port of call list as per the requirements below.

If a vessel is scheduled to call on a northern Canadian port and on a southern, non-exempted port, the vessel must provide a copy of a Phytosanitary Certificate or other approved certificate.

Prior to the vessel entering Canadian waters, the Canadian agent is responsible for ensuring that the CFIA is notified. At the time of notification, a summary of ports of call and copies of an approved Phytosanitary Certificate or other approved certificate(s) must be provided to the CFIA. Contact information for CFIA offices in Eastern and Western Canada can be found in Appendix 3.

The Phytosanitary Certificate or other approved certificate(s) must be issued by a National Plant Protection Organization (NPPO) or recognized certification body, as specified in Appendix 4. The certificate must state that the vessel was inspected and found free from AGM. The certificate must be issued from at least the last port of call in a regulated area (as specified in Appendix 1) that was visited during the specified risk period prior, or anytime afterwards, prior to entering Canadian waters.

The vessel may enter a Canadian port upon written confirmation by the appropriate CFIA office. The vessel remains subject to inspection by the CFIA during its stay in Canada. The original Phytosanitary Certificate or other approved certificate(s) must be made available to the CFIA for review upon request.

Vessels that fail to meet this requirement for a certificate will be considered non-compliant. A certified vessel for which an inspection reveal the presence of AGM will be non-compliant and actions taken in accordance with Section 4.0.

2.2 Marine vessels entering Canada outside of the AGM risk period for Canada.

Subject to the requirements outlined in section 2.0, all marine vessels arriving in Canada outside of the AGM risk period for Canada, which have visited ports in regulated areas will be permitted to enter Canadian ports without interruption. These vessels are subject to inspection at any time during their stay in Canada.

A Phytosanitary Certificate or other approved certificate(s) for the vessel is not required for entry into Canada during this period.

Should an inspection reveal the presence of AGM, the vessel will be considered to be non-compliant and actions taken in accordance with Section 4.0.

3.0 Inspection Procedures

CFIA inspection staff will determine the frequency of inspection and geographical location of the inspection prior to entry into Canada. CFIA inspection staff will thoroughly inspect all areas of a marine vessel at a designated inspection site. Inspections normally occur during daylight hours. The CFIA will notify the vessel in writing of the inspection results.

Marine vessels which have visited a regulated area and present a valid Phytosanitary Certificates or other approved certificate(s) (as per Appendix 4) and that are found free of AGM after phytosanitary inspection by authorities in the United States (U.S.) or Chile may enter a Canadian port without inspection, provided that the original confirmation of inspection carried out by U.S. or Chilean authorities is presented as part of the pre-arrival documentation. AGM inspection results from the United States are recognized if they are issued by US Customs and Border Protection (US CBP) and from Chile if they are issued by Servicio Agricola Y Ganadero (SAG).

4.0 Non-Compliance

4.1 Certification

A vessel without the required certification under Section 2.1 may not be permitted entry into Canada unless:

- an inspection by the CFIA at a designated offshore inspection site is conducted, and

- the inspector is satisfied that the risk of introducing AGM has been mitigated.

If the vessel is permitted entry, the vessel will be considered non-compliant during the entire stay in Canada and vessel movements will be regulated by the CFIA while the vessel is in Canadian waters. The vessel may be subject to additional enforcement action. A vessel calling on a Canadian port for a second time without the required certification may be refused entry to Canada.

4.2 Infestation

Upon inspection, if an inspector is not satisfied that the risk of introducing AGM has been mitigated, the vessel will be ordered out of Canadian waters and refused entry for up to two years during the AGM risk period for Canada or until the ship meets the requirements specified in Section 2.1. The vessel may also be subject to additional enforcement action.

At a CFIA inspector's discretion, a vessel that has been ordered out of Canada or the U.S. due to the presence of AGM may be permitted to conduct a thorough cleaning of all life stages of AGM outside Canadian waters. Once cleaning is complete, the vessel may be allowed to return to Canadian waters for re-inspection at a designated offshore inspection site. If an inspector is satisfied that the risk of introducing AGM has been mitigated, the vessel may then be allowed to proceed to a Canadian port. The vessel's movements will be regulated by the CFIA while in Canadian waters. During subsequent visits to Canada, a vessel found infested with AGM may be required to be inspected at a designated off-shore inspection site prior to entry into Canada, unless the vessel meets the entry requirements specified in Section 2.0. The vessel may also be subject to additional enforcement action.

Upon re-inspection of the vessel, if an inspector is not satisfied that the risk of introducing AGM has been mitigated, the vessel will be ordered out of Canadian waters and refused entry for up to two years during the AGM risk period for Canada or until the ship meets the requirements specified in Section 2.1.

Notifications of non-compliance will be issued in accordance with D-01-06: Canadian Phytosanitary Policy for the Notification of Non-compliance and Emergency Action.

5.0 Appendices

Appendix 1: Regulated Areas and Specified Risk Periods

Appendix 2: Summary of Entry Requirements

Appendix 3: List of CFIA Contacts and Designated Offshore Inspection Sites, for Asian Gypsy Moth, in Eastern and Western Canada

Appendix 4: List of Recognized Sources of Phytosanitary Certificates and Pre-departure Inspection Certificates


Appendix 1: Regulated Areas and Specified Risk Periods

Country Ports Specified period
Russia Far East Nakhodka, Ol'ga, Plastun, Pos'yet, Russkiy Island, Slavyanka, Vanino, Vladivostok Vostochny, Zarubino, Kozmino July 1 to September 30
People's Republic of China All ports in northern China, including all ports north of Shanghai (defined as all ports on or north of 31°15’ north latitude) June 1 to September 30
Republic of Korea All ports June 1 to September 30
Country Prefecture Specified period
Japan - Northern Hokkaido, Aomori, Iwate, Miyagi, Fukushima July 1 to September 30
Japan Western Akita, Yamagata, Niigata, Toyama, Ishikawa June 25 to September 15
Japan - Eastern Fukui, Ibaraki, Chiba, Tokyo, Kanagawa, Shizuoka, Aichi, Mie June 20 to August 20
Japan - Southern Wakayama, Osaka, Kyoto, Hyogo, Tottori, Shimane, Okayama, Hiroshima, Yamaguchi, Kagawa, Tokushima, Ehime, Kochi, Fukuoka, Oita, Saga, Nagasaki, Miyazaki, Kumamoto, Kagoshima June 1 to August 10
Japan - Far Southern Okinawa May 25 to June 30

Appendix 2: Summary of Entry Requirements

Marine Vessels two year port  of call history Arrival date
in Canada
Quarantine Action
Marine vessels that have called on AGM regulated areas during the specified risk period as outlined in Appendix 1 during the current year or the preceding year  Arriving during the AGM risk period for Canada

Western ports:
March 1 to September 15

Eastern ports:
March 15 to September 15
A valid Phytosanitary Certificate or recognized pre-departure inspection certificate (a list of CFIA recognized certificates is provided in Appendix 4) verifying that the vessel is free of AGM must be presented.

The vessel is subject to inspection for the presence of AGM on arrival in Canada. Vessels without valid certification will be considered non-compliant, and held at a designated off-shore inspection site for CFIA inspection. If a CFIA inspector is satisfied that the risk of introducing AGM has been mitigated, vessels may be permitted to enter Canada, but their movements will be monitored while in Canada.If AGM is detected during inspection, the vessel will be considered non-compliant, and its movements will be regulated while in Canada.
Marine vessels that have called on AGM regulated areas during the specified risk period as outlined in Appendix 1 during the current year or the preceding year  Arriving outside the AGM risk period for Canada

Western ports:
September 16 to February 28 (or 29)

Eastern ports:
September 16 to March 14
A Phytosanitary Certificate or other approved certificate(s) for the vessel is not required. Marine vessels may be inspected at berth for presence of AGM. If AGM is detected during inspection, the vessel will be considered non-compliant.
Marine Vessels which have not visited an area regulated for AGM in the current year or the preceding year OR visited an area regulated for AGM outside of the specified risk period for this area as outlined in Appendix 1 in the current year or the preceding year
Year round, all ports
A Phytosanitary Certificate or other approved certificate(s) for the vessel is not required. Any marine vessel may be inspected for the presence of AGM. If AGM is detected during inspection, the vessel will be considered non-compliant.

 

Appendix 3: List of CFIA Contacts and Designated Offshore Inspection Sites, for Asian Gypsy Moth, in Eastern and Western Canada


Eastern Canada

CFIA AGM Vessel Monitoring Unit Contact Information:

Dartmouth Office
Email: cfia.agm-sa.acia@canada.ca
Phone: 902-426-3874
Fax: 902-426-5147

Designated Offshore Inspection Sites:
Chedabucto Bay
Halifax Harbour


Western Canada

CFIA AGM Vessel Monitoring Unit Contact Information:

Vancouver Harbour Office
Email: cfia.bcagm-sacb.acia@canada.ca
Phone: 604-292-5812
Fax: 604-292-5601

Designated Offshore Inspection Sites:
Constance Bank
Hecate Strait


Appendix 4: List of Recognized Sources of Phytosanitary Certificates and Pre-departure Inspection Certificates

Phytosanitary Certificates issued by the NPPO of Russia.

A Pre-departure Inspection Certificate is an approved certificate if issued by the International Plant Quarantine Accreditation Board (IPAB) in the Republic of Korea.

A Pre-departure Inspection Certificate is an approved certificate if issued by the China Certification and Inspection Company Ltd. (CCIC) in the People's Republic of China.

A Pre-departure Inspection Certificate is an approved certificate if issued by the following recognized third party inspection bodies in Japan:

All Nippon Checkers Corporation (ANCC)
The Japan Cargo Tally Corporation (JCTC)
Japan Export Vehicle Inspection Center Co., Ltd. (JEVIC)
Japan Grain Inspection Association (JGIA)
Hokkaido Bouekikunjyo Co. Ltd. (HBKC)
Hokuriku Port Service Co., Ltd. (HPS)
Intertek Testing Services (Australia) Pty Limited – Japan Branch (INTERTEK)
Kanto Fumigation Co. Ltd. (KFCO)
Kobe Plant Quarantine Association (KOBEPQA)
Keiyochiku Plant Quarantine Association (KPQA)
Kyoritsu Sanitary Co. Ltd. (KRS)
Muroran & Tomakomai Plant Quarantine Association (MTPQA)
Navrex & Corporation (NRX)
Nikkun Co. Ltd. (NCL)
Nippon Kaiji Kentei Kyokai (NKKK)
Okayama-Ken Plant Quarantine Association (OKYPQA)
Osaka Plant Quarantine Association (OPQA)
Osaka Timber Quarantine Association (OSKTQA)
Shin Nihon Kentei Kyokai (SNKK)
Techno Kasei Co. Ltd. (TKL)
Tokai Plant Quarantine Association (TOKAIPQA)
Tokyo Plant Quarantine Association (TPQA)
Yokohama Plant Protection Association (YPPA)

 

 

Restrictions & sanctions (Canada)

Trading restrictions (Canada)

Trading restrictions imposed against Canada

Trading restrictions imposed by Canada

 In addition to the United Nations sanctions Canada has imposed the following:

Canadian sanctions against the Democratic People’s Republic of Korea

 The Special Economic Measures (Democratic People’s Republic of Korea) Regulations which entered into force on 31 August 2011, subject to certain exceptions, include:

  • A prohibition on any ship that is registered in the DPRK to dock in Canada or pass through Canada unless such docking or passage is necessary to safeguard human life.
  • A prohibition on financial services to, from or for the benefit of or on the direction or order of the DPRK or any person in the DPRK by any person in Canada and any Canadian outside Canada.
  • A prohibition on all imports or shipment of any goods that are exported, supplied or shipped from the DPRK, whether the goods originated in the DPRK or elsewhere, by any person in Canada and any Canadian outside Canada.
  • A prohibition on all exports or shipment any goods, wherever situated, to the DPRK or any person in the DPRK or to deal in any goods destined for the DPRK or any person in the DPRK, by any person in Canada and any Canadian outside Canada.

Canadian sanctions against Myanmar

Sanctions are specified under the Special Economic Measures (Burma) Regulations which entered into force on 13 December 2007.

The current sanctions include:

  • a freeze on assets in Canada of any designated Myanmar national connected with the State of Myanmar and prohibitions on several categories of transactions, services and dealings involving property of designated persons, wherever situated
  • an arms embargo, including prohibitions on exporting and importing arms and related material to and from Myanmar, on communicating technical data related to military activities or arms and related material, and on financial services related to military activities or arms and related material. Exempt are certain protective or non-lethal military clothing and equipment when intended for use by media, humanitarian, human rights or other listed personnel.

Canadian sanctions against Iran

Canada imposed new sanctions on Iran under the Special Economic Measures Act (SEMA). These sanctions were in addition to existing sanctions passed by the United Nations Security Council and entered into force on 22 July 2010.

On 29 May 2013 Canada announced an immediate ban on all imports to and exports from Iran, subject to certain exemptions; and added a further 30 individuals and 82 entities to Canada's list of designated persons with whom dealings are prohibited under the Special Economic Measures Act. With these new measures, the total number of designated persons rises to 78 individuals and 508 entities.

Except where designated individuals and entities are involved, exemptions are provided for activities that safeguard human life, provide disaster relief, food or medicine and the new exemptions for equipment, services and software that facilitate secure and widespread communications via information technologies; goods used to purify water for civilian and public health purposes, and for the provision of listed medical equipment; and expand the existing exemptions for the provision of legal services.

Canadian sanctions against Syria

Sanctions are specified under the Special Economic Measures (Syria) Regulations which were last amended on 28 November 2012.

Some of the sanctions include:

  • a prohibition on the import, purchase, acquisition, or transportation of goods, other than food for human consumption, that are exported, supplied or shipped from Syria after 23 December 2011
  • a prohibition on the import, purchase, acquisition, or transportation of petroleum or petroleum products, excluding natural gas, from Syria;
  • an asset freeze on designated individuals and entities
  • a prohibition on new investment in the oil industry in Syria; and
  • a prohibition on providing financing for the activities described above.
  • a prohibition on the export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2 of the Act.

For a complete list of sanctions please see Special Economic Measures (Syria) Regulations below.

Taxes And Tariffs

Freight tax (Canada)

There is no income tax levied against the freight earnings derived from international transport activities of non-residential shipowners and/or operators. 



Bare Boat Hire
Payments made to non-residents are subject to an income tax of 25% of the gross hire paid or credited with respect to the time which the vessel is used in Canada1, unless the rate is reduced under a tax treaty.


Exemption Agreements
Residents of the following countries may benefit from double taxation agreements, which reduce the withholding tax as indicated.

Country Percentage Date signed Date of entry
into force
Date of effect
Algeria 15% 28/02/1999 26/12/2000 01/01/2001
Argentina 10% 29/04/1994 30/12/1994 01/01/1995
Armenia 10% 29/06/2004 29/12/2005 01/01/2006
Australia 10% 21/05/1980 29/04/1981 01/01/1976
Austria 10% 09/12/1976 17/02/1981 01/01/1980
Azerbaijan 10% 07/09/2004 23/01/2006 01/01/2007
Bangladesh 10% 15/02/1982 18/01/1985 01/01/1982
Barbados 2 10% 22/01/1980 22/12/1980 01/01/1976
Belgium 10% 23/05/2002 06/10/2004 01/01/2004
Brazil 15% 04/06/1984 23/12/1985 01/01/1986
Bulgaria 10% 03/03/1999 25/10/2001 01/01/2002
Cameroon 15% 26/05/1982 16/06/1988 01/01/1988
Chile 10% 21/01/1998 28/10/1999 01/01/2000
China 3 10% 12/05/1986 29/12/1986 01/01/1987
China 4
10% 11/11/2012 29/10/2013 01/01/2014 
Colombia 10%  21/11/2008 12/06/2012 01/01/2013
Croatia 10% 09/12/1997 23/11/1999 01/01/2000
Cyprus 10% 02/05/1984 03/09/1985 01/01/1985
Czech Republic 10% 25/05/2001 28/05/2002 01/01/2003
Denmark 10% 17/09/1997 02/03/1998 01/01/1999
Dominican Republic 2 18% 06/08/1976 23/09/1977 01/01/1977
Ecuador 10% 28/06/2001 20/12/2001 01/01/2002
Egypt 15% 30/05/1983 02/10/1984 01/01/1985
Estonia 10% 02/06/1995 28/12/1995 01/01/1996
Finland 10% 20/07/2006 17/01/2007 01/01/2007
France 2 10% 02/05/1975 29/07/1976 01/01/1076
Gabon 10% 14/11/2002 22/12/2008 01/01/2009
Germany 10% 19/04/2001 28/03/2002 01/01/2001
Guyana 10% 15/10/1985 04/05/1987 01/01/1987
Hungary 10% 15/04/1992 01/10/1994 01/01/1995
Iceland 10% 19/06/1997 30/01/1998 01/01/1998
India 10% 11/01/1996 06/05/1997 01/01/1998
Indonesia 10% 16/01/1979 23/12/1980 01/01/1980
Ireland 10% 08/10/2003 12/04/2005 01/01/2006
Israel 2(Renegotiated) 15% 21/09/2016 21/12/2016 01/01/2017
Italy 10% 17/11/1977 24/12/1980 01/01/1980
Ivory Coast 10% 16/06/1983 19/12/1985 01/01/1986
Jamaica 12.5% 30/03/1978 02/04/1981 01/01/1977
Japan 2 10% 07/05/1986 14/11/1987 01/01/1988
Jordan 10% 06/09/1999 24/12/2000 01/01/2001
Kazakhstan 10% 25/09/1996 30/03/1998 01/01/1996
Kenya 2 15% 27/04/1983 08/01/1987 01/01/1987
Korea, Republic of 15% 05/09/2006 18/12/2006 01/01/2007
Kuwait 10% 28/01/2002 26/08/2003 01/01/2003
Kyrgyzstan 10% 04/06/1998 04/12/2000 01/02/2001
Latvia 10% 26/04/1995 12/12/1995 01/01/1996
Lithuania 10% 29/08/1996 12/12/1997 01/01/1998
Luxembourg   10/09/1999 17/10/2000 01/01/2001
Malaysia 15% 15/10/1976 12/12/1980 01/01/1980
Malta 10% 05/08/1986 20/05/1987 01/01/1987
Mexico 10% 12/09/2006 12/04/2007 01/01/2008
Moldova 10% 04/07/2002 13/12/2002 01/01/2003
Mongolia 10% 27/05/2002 20/12/2002 01/01/2003
Morocco 2 10% 22/12/1975 09/11/1978 01/01/1978
Namibia 10% 26/03/2010 19/06/2013 01/01/2014
Netherlands 10% 27/05/1986 21/08/1987 01/01/1987
New Zealand 15% 03/05/1980 29/05/1981 01/01/1976
Nigeria 2 12.5% 04/08/1992 16/11/1999 01/01/2000
Norway 10% 12/07/2002 19/1272002 01/01/2003
Oman 10% 30/06/2004 27/04/2005 01/01/2006
Pakistan 2 15% 25/02/1976 15/12/1977 01/01/1977
Papua New Guinea 10% 16/10/1987 21/12/1989 01/01/1990
Peru 15% 20/07/2001 17/03/2003 01/01/2004
Philippines 2 10% 11/03/1976 21/12/1977 01/01/1977
Poland 10% 04/05/1987 30/11/1989 01/01/1990
 Poland (Renegotiated) 10% 14/05/2012 30/10/2013 01/01/2014
Portugal 10% 14/06/1999 24/10/2001 01/01/2002
Romania 10% 08/04/2004 31/12/2004 01/01/2005
Russia 10% 05/10/1995 05/05/1997 01/01/1998
Senegal 15% 02/08/2001 07/10/2003 01/01/2004
Serbia 10% 27/04/2012 31/10/2013 01/01/2014 
Singapore 2 15% 06/03/1976 23/09/1977 01/01/1977
Slovak Republic 10% 22/05/2001 20/12/2001 01/01/2002
Slovenia 10% 15/09/2000 12/08/2002 01/01/2003
South Africa 10% 27/11/1995 30/04/1997 01/07/1997
Spain 2 10% 23/11/1976 06/12/1980 01/01/1980
Sri Lanka 2 10% 23/06/1982 09/06/1986 01/01/1986
Sweden 10% 27/08/1996 23/12/1997 01/01/1998
Switzerland 10% 05/05/1977 21/04/1998 01/01/1998
Tanzania 20% 15/12/1995 29/08/1991 01/01/1998
Thailand 15% 11/04/1984 16/07/1985 01/01/1985
Trinidad & Tobago 10% 11/09/1995 08/02/1996 01/04/1996
Tunisia 15% 11/02/1982 04/12/1984 01/01/1985
Turkey 10% 14/07/2009 04/05/2011 01/01/2012
Ukraine 10% 04/03/1996 29/04/1997 01/01/1998
United Arab Emirates 10% 09/06/2002 25/05/2004 01/01/2004
United Kingdom(Renegotiated) 10% 21/07/2014 21/12/2016 01/01/2017
United States 10% 26/09/1980 16/08/1984 01/10/1984
Uzbekistan 10% 17/06/1999 14/09/2000 01/01/2001
Venezuela 10% 10/07/2001 05/05/2004 01/01/2005
Vietnam 10% 14/11/1997 16/12/1998 01/01/1999
Zambia 2 15% 16/02/1984 28/12/1989 01/01/1989
Zimbabwe 10% 16/04/1992 15/12/1994 01/01/1995
 
Signed but not yet in force
Lebanon 10% 29/12/1998    
New Zealand (Renegotiated) 10%  03/05/2012    
 Madagascar    01/12/2016    
           
Under negotiation/re-negotiation
Australia        
China (Renegotiation) 3
       
Malaysia        
Netherlands        
         
Notes:        
           
1. The Canada Revenue Agency's Income Tax Interpretation Bulletin No. IT-494 dated 31 January 1983 (See related links below) provides guidance as to the term "Canada" and the departments method of calculating "time used in Canada".
   
2. This rate applies provided the payment is taxable in the country with which Canada has a tax convention; otherwise, the rate is 25%.

3. This treaty does not apply to residents of Hong Kong, SAR; Macau, SAR or the province of Taiwan.
   
4. This treaty applies to residents of Hong Kong, SAR.
 

 

Pilotage charges issued by the Atlantic Pilotage Authority (Canada)

Agency fees (Canada)

Agency fees are subject to negotiation.

 

The following recommended agency scales issued by the Chamber of Shipping of British Columbia and the Shipping Federation of Canada can be used as a guide.

Oil spill response regulations (Canada)

Vessels trading in Canadian waters are required to carry an oil pollution emergency plan and a declaration confirming the existence of an arrangement between the owner and a Coast Guard certified (private) Oil Spill Response Organisation.  

To date, the Canadian Coast Guard (CCG) has certified the following:   

  • Eastern Canada Response Corporation (ECRC) covering Canadian Waters south of the 600N Latitude in the provinces of Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and Alberta, excluding the Waters in the primary area of response associated with the designated ports of Saint John, New Brunswick and Point Tupper, Nova Scotia.

     
  • Atlantic Emergency Response Team (ALERT) covering the port of St. John.

     
  • Point Tupper Marine Services (PTMS) covering the Strait of Canso.

     
  • West Coast Marine Response Corporation (WCMRC) covering all West coast waters.


There are two types of arrangements possible:  

  • a Single GAR (geographical area of response) representing an individual contract for either ECRC, ALERT, PTMS or WCMRC, or

     
  • a Multiple GAR arrangement which entitles a vessel to transit multiple geographical areas of response, as negotiated by Response Organisations.


Currently, the annual registration fees charged to all vessels covering unlimited transits through the respective area(s) of coverage are:

  • CAD 450.00 for a Single GAR 
    or
  • CAD 750.00 for a Multiple GAR

However, pursuant to an ECRC amendment published in the Canada Gazette, effective May 1, 2000, the Single GAR fee for a vessel  that "navigates or engages in a marine activity within a 500 kilometre radius from its home port and within ECRC's geographic area is four-hundred and fifty dollars (CAD 450) plus all applicable taxes. The registration fee for a ship that navigates or engages in a marine activity 

(a) beyond a 500 kilometre radius from its home port, and within ECRC's geographic are, Alert's geographic area or PTMS' geographic area; or

(b) from a port not within ECRC's geographic area, and within ECRC's geographic area, Alert's geographic area, or PTMS' geographic area  is seven hundred (CAD 750)."

Effectively, the above amendment requires that all foreign vessels obtain the Multiple-GAR agreement.

Furthermore, tankers may be subject to Bulk Oil Cargo Fees (BOCF) charged per tonne of oil discharged or loaded for export. The rate varies from one region to another. The BOCF is payable either by the carrier or by the oil terminal/shore facility, provided that the facility is a member of a respective response organisation, i.e. tankers only pay the BOCF if the terminal is not a member of a respective response organisation.

Under Worldscale terms, both the BOCF and the corresponding administration fee are for charterers' account.

The current bulk oil cargo fees are as follows:  

Eastern Canada Response Corporation CAD per tonne
       
Quebec/Maritimes Region 01/01/2012 01/01/2013 01/01/2014
- Oil other than asphalt 0.16 0.19 0.25
- Asphalt 0.08 0.095 0.125
       
Newfoundland Region 01/01/2012 01/01/2013  
- Oil other than asphalt 0.10 0.10  
- Asphalt 0.05 0.05  
       
Great Lakes Region 01/01/2012 01/01/2013  
- Oil other than asphalt 0.48 0.55  
- Asphalt 0.24 0.275  
       
Atlantic Emergency Response Team 03/10/1998    
- Oil other than asphalt 0.14    
- Asphalt 0.07    
       
Point Tupper Marine Services 26/09/1998    
- Oil other than asphalt 0.225    
- Asphalt 0.1125    
       
West Coast Marine Response Corporation 01/01/2007    
- Oil other than asphalt 0.67    
- Asphalt 0.335    
 

 

Ship Sanitation Certificate fees (Canada)

The Ship Sanitation Certificate (SSC) regime came into effect on 15 June 2007. The certificates are required by the International Health Organization in place of the Deratting Certificate, which ceased to be valid as of 15 December 2007.

Under the SSC regime, Ship Sanitation Certificates (which are valid for a six-month period) are used by national authorities to identify and record all areas of ship-borne public health risks (not only those limited to rodents), together with any required control measures to be applied.

There are generally three documents that can be issued under the regime:

  • a Ship Sanitation Control Exemption Certificate, which is issued when no evidence of a public health risk is found on board the ship;

     
  • a Ship Sanitation Control Certificate, which is issued when evidence of a public health risk has been detected on board the ship, and after some required control measures have been satisfactorily completed;

     
  • an extension of the Ship Sanitation Control Exemption Certificate, which is issued when the inspection or control measures required cannot be carried out at a given port and the ship must proceed to another port in order to do so. Such extension, which lasts 30 days, can only be issued if the existing certificate has not expired. If the certificate has expired, an inspection will be required to issue a new certificate.

 

It is worth noting that the U.S. is not a signatory to the International Health Regulations and cannot issue Ship Sanitation Certificates or exemptions.

The standard inspection costs associated with this regime are currently calculated at CAD 125 per hour, with a benchmark of 6 hours to carry out each inspection. Thus, a standard inspection will amount to CAD 750, with this figure rising to CAD 937.50 if the inspection is done on short (less than 48 hour) notice. Meanwhile, the cost of obtaining an extension to a Ship Sanitation Certificate (which does not involve a physical inspection) is CAD 300.
 

The Minister of Health amended the fees that are payable for the issuance on Ship Sanitation Certificates, Ship Sanitation Certificate Extensions, as well as the short notice rate, effective 26 August 2008 as follows:
 

Ship Sanitation Certificate Standard Rate CAD 750.00
Ship Sanitation Certificate Extension CAD 300.00
Short notice service (less than 24 hours notice weekdays, less than 48 hours weekends) CAD 937.50


As published in the August 16th edition of the Canada Gazette, Part I
.



The International Health Regulations designate the ports of Halifax, Montreal, Quebec, Saint John, St. John’s, Toronto and Vancouver as ports at which SSC inspections can be carried out (and certificates issued) without any additional travel costs. Inspections at all other ports will involve additional costs in the form of travel expenses incurred by Health Canada personnel in order to get to the ship.


 

Source: The Shipping Federation of Canada

Pilotage charges issued by the Laurentian Pilotage Authority (Canada)

Tariffs (British Columbia)

Taxes & tariffs (British Columbia)

Port tariffs (Metro Port Vancouver)

Taxes & tariffs (Metro Port Vancouver)