Shipowners organisation Bimco is drawing up a new charter clause designed to tackle abuse of the AIS regime.

In recent years, TradeWinds has reported on a long list of vessels allegedly turning off satellite data to cover their tracks.

Bimco said it wants to crack down on sanctions busters who ignore the requirement for operational AIS under the International Convention for the Safety of Life at Sea (Solas).

The system, which transmits information about a ship's location and identity, should not be switched off or disabled at any time other than for very specific safety and security reasons, such as avoiding detection by pirates in high-risk areas.

Bimco is responding to a May 2020 call by the US Office of Foreign Assets Control (Ofac) for the shipping industry to develop contractual provisions in the form of an AIS "switch-off" clause.

Right to cancel

Bimco said the intention is that the clause will enable shipowners, charterers and operators to terminate work with any party that demonstrates "a pattern of multiple instances of AIS manipulation that is inconsistent with Solas".

The organisation is worried that some charterers may, in their haste to be compliant with sanctions, develop their own AIS clauses that could expose owners to the risk of contract terminations even when AIS has been turned off for legitimate reasons, or the signal has failed.

The new Bimco clause will also address AIS use prior to the contract, to help identify patterns of behaviour.

Bimco hopes to have the new charter ready in May.