Appendix II, Rule 2 Maritime Labour Convention (2006) Extension Clause
Maritime Labour Convention (2006) Extension Clause
Subject only to the other provisions of this Rule, the Association shall discharge and pay on the Member’s behalf under the 2006 Maritime Labour Convention, as amended (MLC 2006) or domestic legislation by a State Party implementing MLC 2006:
(a) Liabilities in respect of outstanding wages and repatriation of a seafarer together with costs and expenses incidental thereto in accordance with Regulation 2.5, Standard A2.5 and Guideline B2.5 of MLC 2006; and
(b) Liabilities in respect of compensating a seafarer for death or long-term disability in accordance with Regulation 4.2, Standard A4.2 and Guideline B4.2 of MLC 2006.
The Member shall reimburse the Association in full any claim paid under paragraphs (a) and (b) save to the extent that such claim is in respect of liabilities, costs or expenses recoverable elsewhere under these Rules.
There shall be no payment under paragraph (a) or paragraph (b) if and to the extent that the liability, cost or expense is recoverable under any social security scheme or fund, separate insurance or any other similar arrangement.
The Association shall not discharge or pay any liabilities, costs or expenses under paragraph (a) or paragraph (b), irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the Member or the Member’s servants or agents, where such liabilities, costs or expenses were directly or indirectly caused by or contributed to or arise from:
(c) Any chemical, biological, bio-chemical or electromagnetic weapon.
(d) The use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, computer virus or process or any other electronic system.
(e) The obligations of the Association under this Rule may be cancelled in respect of War Risks by the Association on 30 days’ notice to the Member (such cancellation becoming effective on the expiry of 30 days from midnight of the day on which notice of cancellation is issued).
(f) Whether or not such notice of cancellation has been given the obligations of the Association under this Rule shall terminate automatically in respect of the War Risks:
(i) upon the outbreak of war (whether there be a declaration of war or not) between any of the following:
United Kingdom, United States of America, France, the Russian Federation, the People’s Republic of China;
(ii) In respect of any ship, in connection with which cover is granted hereunder, in the event of such ship being requisitioned either for title or use.
(g) The obligations of the Association under this Rule excludes loss, damage, liability or expense arising from:
(i) The outbreak of war (whether there be a declaration of war or not) between any of the following:
United Kingdom, United States of America, France, the Russian Federation, the People’s Republic of China,
(ii) Requisition for title or use.
This Rule is subject to Rule 11 Sections 4 and 7, and Rule 18.
The Association’s obligations under this Rule shall cease 30 days after notice of termination in accordance with either Regulation 2.5, Standard A22.214.171.124 or Regulation 4.2, Standard A4.2.12.
For the purpose of this Rule:
“Member” means any insured party who is liable for the payment of calls, contributions, premium or other sums due under the terms of entry.
“Seafarer” shall have the same meaning as in MLC 2006.
“War Risks” means the risks set out
in Rule 11:5.