American Club Circular No. 1 2 /1 5 1 FEBRUARY 17, 2015 CIRCULAR NO. 12/15 TO MEMBERS OF THE ASSOCIATION Dear Member: OIL SPILL RESPONSE CONTRACT REQUIREMENTS - URUGUAY Background On February 20, 2015, Disposición Marítima N° 149 (the Regulation) will take effect in Uruguay. It establishes a set of rules requiring owners to contract with an oil spill response company (OSRO) approved by the Uruguayan Coast Guard, among other provisions. The Regulation has been promulgated under the scope of Uruguayan Law N° 19.012 of November 23, 2012. This Circular summarizes the key provisions of this Regulation. Overview The Regulation requires the local agent for any of the following vessels (unless they are Uruguayan flagged) to conclude an oil spill response clean-up contract with a Uruguayan Coast Guard approved OSRO at least 24 hours before entering a Uruguayan port or an anchorage in Uruguayan waters: 1. All tank vessels or barges regardless of size; 2. All vessels where the Uruguayan authorities have determined that the vessel has a deficiency which could result in her grounding or sinking; 3. All vessels at anchorage in Uruguayan waters for a period of more than 24 hours; 4. All vessels engaged in exploration or exploitation of resources in the Uruguayan Exclusive Economic Zone (EEZ). In case of vessels under the Uruguayan flag, owners may contract direct with the OSROs. It is the International Group’s understanding that there are currently two approved OSROs for the purposes of the Regulation, namely Marine Environmental Care Lasimar S.A. and CINTRA Golantex S.A. A certificate of coverage provided by one of the two approved OSROs must be submitted to the local authorities where a vessel falls within one of the categories (1 to 4) above. The International Group has reviewed both the Lasimar and CINTRA contract certificates which the vessel’s local agent (or owner where the vessel is Uruguayan flagged) will need to sign where vessels fall within the scope of categories 1 to 4 above. The terms of both contracts conform with the International Group vessel response plan guidelines and the liabilities arising therefrom fall within the scope of Members’ P&I cover. Contact details for both OSROs are as follows: GOLANTEX Contact: Mr. Ariel Calderón Email: ariel.calderon@golantexonline.com and info@golantexonline.com A merican Club Circular No. 1 2 /1 5 2 24 hours emergency phone numbers: +598 2900 2326 +598 9531 3772 +598 9531 3672 LASIMAR Contact: Mr. Luis Tabó Email: operaciones@mecsa.com.uy 24 hours emergency phone number: +598 9990 2496 The Regulation also requires that the following documentation must be provided to the local authorities where a vessel falls within the scope of categories 1 to 4 above: 1. Evidence of the vessel’s P&I cover. This should be provided by means of the vessel’s certificate of entry, and 2. If a tank vessel is carrying more than 2,000 tons of persistent oil in bulk as cargo, the vessel’s state certificate issued in accordance with the International Convention on Civil Liability for Oil Pollution Damage, 1992. 3. A certificate of cover, provided by the OSRO, in the format required by the Regulation in order to evidence that the owner has entered into an OSRO contract with either of the two contractors mentioned above. It is important, therefore, that owners with vessels falling within the scope of these requirements renew their P&I cover sufficiently in advance of February 20 in order to ensure compliance with the Regula