American Club Circular No. 2 4/15 1 MAY 14, 2015 CIRCULAR NO. 24/15 TO MEMBERS OF THE ASSOCIATION Dear Member: OIL SPILL RESPONSE ORGANIZATION CONTRACT REQUIREMENTS – URUGUAY Article 6 of Uruguayan Law 19.012, which entered into force on November 23, 2012, established an obligation for some types of vessels and floating structures to contract with an Oil Spill Response Organization (OSRO). Reference is made to Circular No. 12/15 of February 17, 2015 which informed Members of a new Uruguayan regulation, Disposición Marítima N° 149, which was due to take effect from February 20, 2015. However, Members were subsequently informed by Member Alert of February 19, 2015, that the Uruguayan Coast Guard had decided to suspend the entry into force of Disposición Marítima N° 149, pending clarification of certain issues with the OSROs. On 4 May 2015, the Uruguayan Coast Guard published Disposición Marítima N° 157 (the Regulation – which replaces Disposición Marítima N° 149), specifying the types of vessels which will need to have a contract with an OSRO, as well as technical and safety measures required during bunkering operations and a draft OSRO contract. The Regulation will take effect on May 15, 2015. The information below is based on a direct translation of the Regulation. It is recognized that this gives rise to uncertainty in some respects, but at this stage we do not have information to enable us to advise further on interpretation of the wording of the Regulation. Vessels required to have an OSRO Certificate The Regulation applies to the following types of vessels and floating structures: (a) Tankers, barges, small craft, fishing vessels or other marine equipment operating, transferring or transporting hydrocarbons or derivatives, hazardous or noxious substances or liquid minerals, or engaged in refloating operations for vessels or marine equipment. (b) Any of the above vessels requesting authorization to anchor in waters under Uruguayan jurisdiction for a period greater than 24 hours whilst waiting for orders or to enter Uruguayan ports, terminals, berths, etc. (c) Vessels considered deficient by the Maritime Authority in accordance with Law 17.121 relating to assistance and salvage services provided to vessels posing a danger to navigation or the environment). (d) Vessels supplying offshore platforms, fixed or mobile installations for exploration and exploitation of living and non-living resources in the Territorial Sea, Contiguous Zone, Exclusive Economic Zone or Continental Shelf. Those vessels to which the Regulation applies are required to present the local Prefecture with an OSRO Certificate issued by a local OSRO licensed by the Coast Guard, as well as a P&I Club Certificate of American Club Circular No. 2 4/15 2 Entry and, if appropriate, a CLC Certificate. Documents need to be provided 24 hours in advance of anchoring, storage or transport operations. OSRO contracts must be entered into through a local agent (unless the vessel is Uruguayan flagged, in which case the Owners may enter into such contracts directly). Available OSRO Contracts Circular No. 12/15 of February 17, 2015 informed Members that two OSROs had been licenced by the Coast Guard for the purposes of the Regulation, namely Marine Environmental Care Lasimar SA and CINTRA Golantex SA, and that the International Group had reviewed the contracts for both OSROs. The International Group now understands that Lasimar SA has ceased operations. The terms of the CINTRA Golantex