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16 Apr 2019

Article: IMO 2020 - charterparty FAQs

The below FAQs are intended to assist members (as owners and charterers) in preparing their charterparties for IMO 2020. Whilst this is not intended to be formal legal or technical advice or an exhaustive list of FAQs, it seeks to identify chartering issues arising from IMO 2020, including potential contractual responsibilities and liabilities in respect of compliance.

11 Apr 2019

Article: The Aries rule held not to apply to freight forwarders

On 19 February 2019, the Commercial Court held that the rule established in The Aries [1977] 1 WLR 185 (HL), as per which freight must always be paid and claims cannot be set off against it, did not apply to freight forwarders.

22 Jan 2019

Article: Unrecoverable General Average contributions from cargo interests

This article discusses The Cape Bonny to examine the impact of the failure to exercise due diligence to make a vessel seaworthy on liability for General Average.

18 Jan 2019

Web Alert: Liability in ship collision appeal - Evergreen Marine (UK) Limited v Nautical Challenge Limited

In this case, the first instance decision of Teare J was upheld on appeal following a collision that occurred in the narrow channel leading to the entrance of the port of Jebel Ali. It was the first appeal on liability in a collision case to reach the Court of Appeal since 2004. The findings of the Court of Appeal will be of assistance to members in avoiding confusion regarding the application of the Collison Regulations (COLREGs).

16 Jan 2019

Article: Letters of Indemnity (LOIs) and recent English court decisions

This article outlines the use of letters of indemnity (LOIs) and the impact on members’ P&I cover, discusses some recent English law court decisions concerning the enforcement of LOIs and offers recommendations to members when negotiating, issuing, and using LOIs.

14 Jan 2019

Article: Piracy in Southeast Asia

Piracy is an ongoing issue in Southeast Asia. In this article we present a hypothetical case study from Thailand to illustrate how P&I cover would respond to the different claims arising from a piracy attack.

14 Dec 2018

Web Alert: ‘Volcafe v CSAV’ – The Supreme Court overturned the Court of Appeal judgment on the order and burden of proof in cargo claims

On 5 December 2018, the Supreme Court set aside the Court of Appeal’s decision in ‘Volcafe & others v CSAV’ [2016] EWCA Civ 1103 that the burden of proof was on the cargo owner to show negligence on the part of the carrier which would prevent him from relying on defences under Article IV Rule on the Hague Rules.

13 Dec 2018

Web Alert: Athens Convention Time Bar Extended by Supreme Court of Scotland

The Court found that the time bar was validly suspended by the Prescription and Limitation (Scotland) Act 1973 where the claimant was a relative of the deceased and a minor.

12 Dec 2018

Web Alert: Split bills of lading and ship’s delivery orders

The two main ways in which one consignment can be discharged to different receivers - even though originally only one bill of lading was issued - is either for the original bill of lading to be split into several bills of lading or, alternatively, for discharge to take place against a ship’s delivery order.

26 Nov 2018

Web Alert: Defendants successfully strike out maritime hearing loss personal injury claim

Defendants pleaded that the claim should have been started in the Admiralty Court pursuant to s.20(2) of the Senior Courts Act 1981, and that Part 61.2 of the Civil Procedure Rules applied.

11 Sep 2018

Web Alert: Case update - The Songa Winds [2018] EWCA Civ 1901- The interrelationship between letters of indemnity and charterparty 'time bar' provisions

Given the frequent use of LOIs in the shipping industry, this legal decision will likely be of relevance and interest to both the club’s owner and charterer members.

28 Jun 2018

Web Alert: The Alhani - English High Court clarifies the applicability of the Hague Rules Time Limit to Misdelivery Claims

In an important judgment issued on 15 June 2018 the English High Court held that a shipowner who misdelivered cargo to a third party without production of the bill of lading can still avail himself of the time bar protection prescribed by Article III Rule 6 of the Hague Rules.

8 Mar 2018

Web Alert: Mandatory biofouling standards introduced in New Zealand from 15 May 2018

The New Zealand Ministry of Primary Industries (MPI) has introduced new mandatory biofouling standards that take effect from 15 May 2018.

15 Feb 2018

Web Alert: Petrobras' new bidding procedures

This new Regulation was enacted as a result of the ‘Lava Jato’ corruption scandal, in order to target allegations of lack of transparency during the contract bidding process.

31 Jan 2018

Web alert - China signs The Hague Choice of Court Convention - A step towards international judicial cooperation

On 12 September 2017, the Chinese Ambassador to The Netherlands signed The Hague Convention on Choice of Court Agreements (the “Convention”) on behalf of the government of the People’s Republic of China.

19 Oct 2017

Web Alert: P&I cover for cyber risks arising out of the use of electronic trading systems

Electronic trading systems are, by their nature, susceptible to the risk of cyber attack. What would the P&I cover position be should a claim arise under those circumstances?

14 Sep 2017

Web Alert: Hurricane Irma – issues arising under contracts of carriage

The disruption to cargo vessels recently caused by Hurricane Irma has raised a number of legal issues.

8 Sep 2017

Web Alert: US Coastguard sets port conditions in anticipation of the Hurricane Irma

These ports and facilities are currently open to all commercial traffic and all transfer operations may continue while X-ray or Whiskey remain in effect.

7 Sep 2017

Web Alert: New guide published to increase awareness of the human element in safety-critical environments

The Standard Club is proud to be a continued supporter of the Human Element book.

31 Jul 2017

Web Alert: The new LMAA Terms 2017

This update is intended to be a brief summary of the key changes and comments from the club’s perspective.

12 Jun 2017

Web Alert: Qatar diplomatic crisis - legal implications

Some additional guidance for members dealing with the restrictions that have been put in place, and their impact upon contracts of carriage.

1 Mar 2017

Web Alert: Ship Arrest in Canada

A ship arrest can be done within a few hours at relatively low cost, depending on its location, making Canada one of the most favourable jurisdictions for ship arrests.

12 Jan 2017

Web alert: OFAC updates its FAQ on US sanctions against Cuba and the '180-day rule'

As previously reported by the club in October 2016 the US Treasury Department of Foreign Assets Control (OFAC) announced amendments to the Cuban Assets Control Regulations (CACR) to create more economic opportunity for Cubans and Americans.

5 Jan 2017

Web Alert: Nairobi Convention could soon be adopted by Norway

The Norwegian Ministry of Transport is working on a proposal to ratify the Nairobi International Convention on the Removal of Wrecks by way of incorporation into its national legislation.

22 Nov 2016

Web Alert: Newly released judicial interpretation on rules relating to vessel arrests in China

The Chinese Supreme People’s Court held a press conference on 8 November 2016 announcing the release of three new judicial interpretations, including one in relation to property preservation in China entitled 'Rules on Issues Relating to Property Preservation Cases Processed by People’s Courts', (the 'Rules') which comes into effect from 1 December 2016.

14 Nov 2016

Web Alert: 'Volcafe v CSAV' - The Court of Appeal overturns the first instance judgment on the order and burden of proof in cargo claims

The Court of Appeal set aside the High Court’s decision in Volcafe & others v CSAV [2015] EWHC 516 (Comm) that the carrier must first disprove negligence on its part before it can rely on its defences under Article IV Rule of the Hague Rules.

7 Nov 2016

Web Alert: Stowaway prevention advice for South African ports

It comes as no surprise to experienced ship owners that South Africa presents the possibility of stowaways and the disruption that this event can cause. For some time now South Africa has experienced regular stowaway activity at its major ports. P&I Associates (PTY) Ltd, based in Durban, has issued guidance on the unique challenges posed by the South African Authorities rules on Stowaways.

3 Nov 2016

Web Alert: outcome of MEPC 70th session (24-28 October 2016)

The 70th session of the IMO’s Marine Environment Protection Committee (MEPC 70) took place between 24 and 28 October 2016.

28 Oct 2016

Web Alert: New under keel clearance requirements for Parana River and River Plate

October has seen the occurrence of two groundings in the Parana River.

20 Oct 2016

Web Alert: ‘The Aqasia’ – The package limitation in Article IV Rule 5 of The Hague Rules not to apply to bulk cargoes

At last we have an English authority to determine whether Article IV Rule 5 of the Hague Rules applies to bulk cargo.

17 Oct 2016

Web Alert: Hazards associated with the transport of lithium-ion batteries

Following recent media attention surrounding the incidents of self–ignition of lithium-ion batteries used in the Samsung Galaxy Note 7 and the product recall, the Club has received a number of queries in respect of best practices concerning the safe carriage of such batteries as well as issues of club cover arising from carriage of the batteries as cargo onboard members’ vessels.

17 Oct 2016

Web Alert: LOI Beware! The dangers of releasing cargo against an LOI

This web alert serves as a reminder of the dangers of releasing cargo against an LOI. The club would emphasise that members should have a full appreciation of the risks in order for these to be minimised.

7 Oct 2016

Web Alert: Oceans Beyond Piracy publish Handbook on the Use of Force for Private Security Companies

Oceans Beyond Piracy have recently published a Handbook on the Use of Force for Private Security Companies (‘the Handbook'), written by Phillip Drew and Rob McLaughlin.

1 Aug 2016

Web Alert: Are the expenses during negotiation in a piracy case allowable in general average? (part two..)

This follows the decision of The Longchamp [1] in 2014. Following this judgement, some requests were made to re-open earlier adjustments where such costs had been excluded and the same principle was extended in some adjustments to similar expenses incurred while negotiating with salvors.

6 Jul 2016

Web Alert: New guidance from Intertanko on social media use

This guidance is designed to help seafarers use social media, whilst avoiding its many pitfalls. Specifically it covers the possible ramifications of social media posts which could be detrimental to an employer’s corporate image.

22 Jun 2016

Web Alert: Rights of direct action against P&I clubs – The insurance contract takes priority

On 20 April 2016 the English Court of Appeal handed down its judgment in favour of the respondent P&I Club in The Yusuf Cepnioglu, maintaining an anti-suit injunction that had been granted at first instance.

22 Jun 2016

Web Alert: German Commercial Code - A short advisory note

This short memorandum is intended to provide guidance and raise awareness in respect of P&I club cover for cargo liabilities which would not have arisen 'but for' the cargo having been carried on terms less favourable to those set out in the Hague or Hague-Visby Rules; unless of course additional cover has been specifically agreed with the club or the relevant terms of the contract are of compulsory application by law.

13 Jun 2016

Web Alert: VGM enforcement - consolidated list of requirements (by country)

SOLAS amendment to Reg. VI/2 (resolution MSC.380 (94)) requiring mandatory weight verification of the packed containers comes into force on 1 July 2016. The amendment was adopted in 2014 after IMO approved guidelines for the implementation of the verified gross mass (VGM) rule.

2 Jun 2016

Web Alert: York Antwerp Rules 2016 - The changes

On 6 May 2016 in New York the International Working Group of the Comité Maritime International (IWG) approved the 11th revision of the York-Antwerp Rules (YAR), the York-Antwerp Rules 2016. The intention of the parties involved in this process was to create a new set of rules that would enable the YAR to correspond to the established adjusting practice and the needs of the various parties of the shipping industry, also achieving greater uniformity in the treatment of general average.

24 May 2016

Web Alert: Philippines - Implementing Rules and Regulations (IRR) for the Seafarers Protection Act

On 28 November 2015, the Seafarers Protection Act was signed into law by the President of the Philippines. Most recently on 19 April 2016, the Department of Labor and Employment issued the Implementing Rules and Regulations (IRR) of R.A. No. 10706.

12 Apr 2016

Web Alert: Follow-up developments on ECA implementation at key ports within Yangtze River Delta

The club has been advised by the local correspondents in China on the notices issued by the local MSA offices regarding the implementation of ECA measures at key ports within Yangtze River Delta

11 Mar 2016

Web Alert: Iran sanctions - update on the International Group's efforts to arrange a 'fall-back' reinsurance

The continuing application of US primary sanctions to US domiciled reinsurers participating in the International Group's reinsurance arrangements means that members remain exposed under the club’s sanctionsclub sanctions’ rules to the risk of a partial reinsurance shortfall in respect of non-certified liabilities towards, or incurred by, Iranian interests.

8 Mar 2016

Web Alert: The effect of a Paramount Clause under English law, where the Hague-Visby Rules are compulsorily applicable – Part 2

​The English Court of Appeal has recently handed down their decision in The Superior Pescadores which focuses on the effect of a clause paramount in a bill of lading, in circumstances where the Hague-Visby Rules are already compulsorily applicable as a matter of English law

18 Feb 2016

Web Alert: York Antwerp Rules 2016 - where are we now?

Further to the club’s previous web-alert on general average (GA) and the York Antwerp Rules (YAR), the club understands that there is yet to be a final agreement on the form of the next version of the YAR, namely the YAR 2016.

17 Feb 2016

Web Alert: Bills of lading as the contract of carriage – guiding principles as to the incorporation of charterparty terms

The bill of lading is often described as evidence of the contract of carriage. Identifying the precise terms of the contract can, however, be a complicated task as bills often incorporate terms by reference to other documents.

7 Jan 2016

Web Alert: New Entry Criteria for vessels calling French ports

The French State has implemented new provisions regarding tax exemptions on commercial vessels of at least 15 meters in length, including yachts. The provisions came into force on the 1st January 2016. These provisions can be found in the Official Bulletin of the Tax-Public Finance of the French Republic (“BOI”).

17 Dec 2015

Web alert: the USCG’s potential regulations for the DP sector

In the aftermath of the 2010 Deepwater Horizon disaster in the Gulf of Mexico, the US administration requested that the US Coast Guard (USCG) form regulations to govern the dynamic positioning (DP) sector.

16 Dec 2015

Web alert: when is a master entitled to refuse damaged cargo? A reminder

A master’s authority to clause bills of lading issued by or on his behalf can sometimes become the cause of disagreement between shippers, charterers and carriers.

24 Nov 2015

Web alert: security update - High Risk Areas - security guards and patrol/gunboats in the Gulf of Guinea

Despite the number of reported incidents of piracy declining globally, especially off Somalia with no reported incidents since 2013, shipowners continue to face threats from piracy and armed robbery in other regions across the world, including the Gulf of Guinea and Southeast Asia.

17 Sep 2015

Web alert: the Sea Miror – an owner/carrier can shift responsibility for the loading / discharge of cargo with the use of clear language

In the recent case of the Sea Miror,[1] the English High Court has reviewed the law on responsibility for cargo operations and considered which party is liable for loss or damage arising from improper loading, stowage and/or discharge of cargo.

8 Jun 2015

Web alert: New coal quality standards now in force for China

The People’s Republic of China (PRC) has enacted a new legislation designed to reduce the level of pollution connected with the importation of coal

29 May 2015

Web alert: In Transit Loss (ITL) clauses: do they apply to ALL cargo shortage claims? It seems not....

The Valle di Cordoba was chartered out on a BVOY3 form, with additional and amended terms. On the 24 December 2010, 15 armed pirates boarded the ship and seized control near Lagos, Nigeria. Under the amended charterparty terms there was an In-Transit Loss Clause (‘ITL’) which read as follows...

22 May 2015

Web alert: Anti-suit injunctions – a disappointing decision from the ECJ? Gazprom OAO

For over ten years, it has been accepted that the English courts have restricted powers when it comes to issuing anti-suit injunctions within the EU, seeking to restrain court proceedings before another EU state. However, what about an anti-suit injunction seeking to restrain the breach of an arbitration agreement?

21 May 2015

Web alert: refugees and migrants at sea – expenses and other costs covered by the club

The magnitude and urgency of the humanitarian crisis unfolding in the Mediterranean is undisputed. The continuous movement of refugees, coupled with the obligation to assist distressed people at sea, has led to many questions concerning the expenses and costs that are covered under a member’s P&I cover.

19 May 2015

Web alert: Two-stage test to be applied to applications for extensions of time, for commencement of a collision claim

The recent decision in the case of CDE S.A. v Sure Wind Marine Limited EWHC 720 (SB Seaguard c/w Odyssée) has confirmed the test to be applied to applications for an extension of time pursuant to s.190(5) of the Merchant Shipping Act 1995.

5 May 2015

Web alert: Anti-suit injunctions – are they still a useful remedy in the UK?

The answer, in a nutshell, is yes - very much so. This article explores the topic in more detail.

31 Mar 2015

Web alert: High Court decision handed down regarding a carrier's care of coffee beans

The case concerned condensation damage to coffee beans. The question in this case was whether, or to what extent, lining the container with Kraft paper was properly carried out and whether it was adequate to meet the threat of condensation.

25 Mar 2015

Web alert: cargo claim dismissed for lack of title – Straight Bills of Lading - A timely reminder

In this recent English High Court case the owner/carrier had agreed to carry 76 drums of coal tar in two containers between Tanzania and China. Upon discharge it was discovered that the cargo had been substituted with sand and pebbles.

20 Mar 2015

Standard Bulletin, March 2015

In this edition, we cover: The Standard Club’s February 2015 renewal, Sulphur reduction – MARPOL Annex VI - the club’s perspective, Synopsis of the new Wreck Removal Convention, Bauxite cargo liquefaction risk, Environmental liabilities: a question of motive, Navigating the complex maze of sanctions, French supreme court upholds jurisdiction clause, LNG as fuel, Focus on FFO matters: sub-sea cables and the Staff spotlight.

18 Mar 2015

Web alert: The New Jason Clause: a reminder of its importance

The key lesson to take away from reading this article is that shipowners should ensure that the standard, unamended, wording of the 'New Jason Clause’ is always incorporated into their bills of lading / waybills when US Law may be applicable, or if the contract concerns shipment of cargoes from or to the United States.

16 Mar 2015

Web alert: The ‘ELENI P’ – the pitfalls of inconsistent dispute resolution clauses

The issues dealt with in The Eleni P highlight the importance of reviewing charterparties carefully, in order to ensure that there are no conflicting clauses relating to dispute resolution.

2 Mar 2015

Web alert: General Average - revisiting the York Antwerp Rules 2004, more than a decade on

The latest version of the YAR is 2004, which replaced the 1994 version.

20 Feb 2015

Web alert: Standard Club Rules 2015/16

The rule books for the 2015/16 policy year have been published

17 Feb 2015

Web alert: The Golden Endurance

This English High Court judgment gives guidance on how and when English anti-suit injunctions are possible with respect to proceedings in another country. Comparing two different bills of lading issued under the same charterparty, the decision provides informative guidelines.

17 Feb 2015

Web alert: Nairobi International Convention on the Removal of Wrecks – The issue of bareboat charterparties

The club has received a number of enquiries from members who have ships registered in one state party but also bareboat-registered in another state party to the Nairobi Convention. The question then becomes, from which registry should the Nairobi Convention certificate be sought?

16 Feb 2015

Web alert: new sentencing guidelines to be introduced in the UK for Health and Safety offences

The guidelines will apply to offences under the Health and Safety at Work Act 1974 (HSWA) and subordinate regulations.

28 Jan 2015

Web alert: ‘New look’ Part 36 offers - a change to the English Civil Procedure Rules is afoot

Following a review, the Part 36 Rules are being revised in an effort to address some of the most pressing problems and to provide clarity. The new rules come into effect on 6 April 2015 and will apply to any offers made on or after this date.

28 Jan 2015

Web alert: the pitfalls of using the outdated LMAA Small Claims Procedure

The present version of the terms - the LMAA Small Claims Procedure 2012 - is usually the version incorporated into most agreements or charterparties, either explicitly or by referring to the terms ‘in force at the time the dispute arises’. There are, however, instances where previous versions of the SCP have been agreed, such as the SCP 2006 or even the SCP 2002.

27 Jan 2015

Web alert: fraudulent bills of lading

During recent years, the shipping industry has seen an increase in cases involving the use of fraudulent bills of lading

16 Jan 2015

Web alert: Philippines Supreme Court rules that death of a seafarer which resulted from a deliberate or wilful act on his part will not be compensable

The Supreme Court in the Philippines recently gave a ruling, which could set a precedent, that a claim for death benefits would be denied in cases where the seaman committed suicide.

16 Jan 2015

Web alert: New low sulphur fuel oil requirements under MARPOL Annex VI - legal considerations and contractual allocation of risks

The new MARPOL Annex VI provisions could well lead to disputes between owners and charterers under the relevant contractual terms concerning a number of issues.

15 Jan 2015

Web alert: Iran sanctions - warning re ship to ship transfers in the Persian Gulf

The club is aware of recent attempts to export crude oil originating from Iran in breach of applicable sanctions, by means of ship to ship (STS) transfers at Khor Fakkan in the UAE.

7 Jan 2015

Web alert: Sulphur Emission Rules - IMO FAQs

Reduced limits on sulphur emissions from fuel entered into force in ECAs on 1 January 2015

22 Dec 2014

Web alert: the importance of a clause paramount

This article aims to explain why a clause paramount should be included into the subject voyage or time charter.

16 Dec 2014

Web alert: The EEMS Solar - is an owner always responsible for poor stowage?

The English High Court in this case was asked to consider whether the owner of the ship was liable to the BL holder for the losses resulting from the movement of cargo during the voyage, due to poor stowage.

2 Dec 2014

Web alert: are the expenses during negotiation in a piracy case allowable in general average?

In the Longchamp, the issue for the court was whether the expenses of negotiation in a piracy case were allowable in general average under the York-Antwerp Rules 1974.

30 Oct 2014

Web alert: Arbitration clauses and club letters of undertaking (LOUs): a warning

In the recent case of The QUEST[1], the English High Court was asked to decide whether an arbitration clause in a P&I club letter of undertaking replaced the arbitration clauses incorporated into the relevant bills of lading for the carriage of a bagged rice cargo.

19 Sep 2014

Web alert: The effect of a Paramount Clause under English law, where the Hague-Visby Rules are compulsorily applicable

The English High Court has recently handed down a decision on the effect of a paramount clause in a bill of lading (‘B/L’), in circumstances where the Hague-Visby Rules are compulsorily applicable as a matter of English law.

18 Sep 2014

Press article: Singapore Strives to Put Safety First

Singapore's drive on improving maritime safety

12 Jun 2014

Web alert: USCG Ballast Water Regulations

The issue of ballast water management (BWM) is the subject of legislation for both the IMO and various governments

12 Mar 2014

Press article: Ship masters 'should check conditions in Singapore Straits'

Recent collisions in the Singapore Strait have raised concern among the city-state's shipping community

29 Jan 2014

Press article: Banking sanctions restrict Iran-linked P&I payouts

Moves to loosen Tehran trade restrictions have yet to ease payment of claims

20 Dec 2013

Web Alert: The less obvious benefit of New York's "prompt" arbitration

Tom Tisdale from Tisdale Law Offices​, LLC succesfully assisted a former member in New York arbitration, securing in the process a substantial cost recovery for the club.

4 Nov 2013

Web Alert: Italy clarifies position on employment of private armed guards on Italian-flagged vessels

On 19 October 2013 the Italian Public Security Department of the Ministry of the Interior released a circular clarifying Italy’s position relating to the employment of privately contracted armed security personnel.

1 Nov 2013

Web Alert: EU bans breaking of ships on beaches

The EU Parliament voted in favour of the new EU ship recycling regulation

1 Oct 2013

Standard Bulletin, September 2013

The latest edition of the Standard Bulletin

9 Jul 2013

Web alert: Supreme Court in the Philippines rules on the three day reporting requirement under the POEA standard employment contract

Two separate recent decisions of the Supreme Court in the Philippines have denied compensation to seafarers who failed to comply with the three day reporting requirements

26 Jun 2013

Web Alert: Philippines Supreme Court rules on the implication of payments of sick wages in illness claims

Web Alert: Philippines Supreme Court rules on the implication of payments of sick wages in illness claims

14 Jun 2013

Web Alert: Rotterdam Rules Clear Significant Hurdle on Way to Ratification by the United States

The United States State Department has completed its “ratification package” for the Rotterdam Rules.

16 Apr 2013

Web Alert: ExxonMobilvoy 2012 form of charter party

Members should be aware that under clause 27(a)(i) of ExxonMobilvoy 2012 charter...

8 Apr 2013

Web Alert: Supreme Court rules death during shore leave is not work related and hence not compensable

The Philippines Supreme Court has ruled that a crew man’s death whilst on shore leave was not compensable as it was not work-related.

11 Sep 2012

Web Alert: Philippines Supreme Court restricts crewman’s claims

The Philippines Supreme Court has ruled that a crewman had no cause of action for total and permanent disability as his complaint was filed before the expiry of the 120 day treatment period envisaged.

13 Aug 2012

Web Alert: Recent Developments in Turkish Maritime Law

The Turkish Commercial Code 1957 has recently been amended by a New Turkish Commercial Code (new TCC) which came into force on 1 July 2012.

Results in 'Publications'

LNG as fuel 1 Mar 2015
Fixed Premium Rules 20 Feb 2014
War Risks Class Rules
War Risks Class Rules 10 Feb 2014
OFAC penalties 1 Dec 2012

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