In response to the industy’s need to specifically allocate duties and obligations in charterparties for situations arising from virulent diseases such as Ebola, BIMCO has produced two Infectious or Contagious Diseases Clauses.

BIMCO has recognized that the implications for shipowners and operators due to such outbreaks can be significant. Delays may occur and costs arise not only when the ship is in an area where the risk of infection is high, but also at a later date when the ship calls at ports far outside the region where restrictions may be imposed to reduce the risk of the disease spreading. In this respect, BIMCO also recognize that no clause can solve all the problems that may arise due to certain countries imposing restrictions or sanctions on ships which have previously called at certain West African countries – even if the intervening period is well outside the known incubation period of the disease. Members are recommended to always check what impositions certain ports may put in place for ships that have called at West African ports even if many months have lapsed and other ports have been called at since then.

BIMCO’s Infectious or Contagious Diseases Clauses for Voyage and Time Charter Parties have been developed for use in response to any severe outbreak of a virulent disease. The decision by BIMCO to take a generic clause approach to the Ebola outbreak reflects BIMCO’s view that there have been a number of virulent diseases, such as SARS, that have also had a significant impact on the industry in the past and that it is likely that other severe virulent diseases may well occur in the future. The generic solution offered by BIMCO avoids having to write specific clauses to address individual outbreaks each time they occur.