Strengthening & Creating a Sustainable Maritime Industry

Venue: Cape Town, South Africa

Dates: 11 - 12 March 2015

Turning the Maritime Industry Around.

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MillaSA is pleased to announce the 2nd Marine Insurance, Risk and Safety Conference (MIRSA) which will take place on 11 to 12 March 2015 in Cape Town. The conference aims to bring together marine insurers, underwriters, risk and safety experts to discuss current issues, network and engage with the authorities and take a look at practical case studies affecting the maritime industry.

The maritime industry has for centuries been a critical component of global trade and more so in recent times bringing about focus on risk and safety in this area. A number of internationally mandated and voluntary initiatives are in place but need continuous scrutiny to ascertain vulnerabilities and efficiencies. This event is intended to highlight the combined influence of various initiatives and risk management best practice currently seen within the industry, which create effective mitigation of the various maritime threats. This is a platform for dialogue on hot marine issues associated with risk transfer, insurance and claims affecting ship owners, yards, ports, marine brokers, insurers and underwriters. A panel session held on each day allows for burning questions to be addressed while analysing key trends. An experienced speaker panel will deliver insight on technical issues which owners and their insurers are contending with today

together with the challenges introduced by volatile economic conditions, escalating piracy and extreme weather patterns.

The program has been updated to provide crucial developments and winning strategies to overcome the most current and complex issues surrounding maritime insurance, risk and safety, and the speakers will be addressing a broad range of legal and commercial maritime topics that are applicable to the industry. Excellent risk management and planning must be in place in accordance with major regulations, so that in a time of crisis, the crew and vessel are well-equipped and prepared to diffuse any situation safely and legally.

I look forward to welcoming you to what I am sure will be a very informative and enjoyable event.

Kindest Regards

Wanda PhiriProject Manager: Milla SA

Other Milla SA Conferences

Participating Organisations

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2015

Africa 2015

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2015

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Synopsis

The South African coastline expands for about 3 934 km with exclusive economic zones (EEZ) extending for about 200nm into the seas. This gives the country authority over to an estimate of about 1.5 million square kilometers of sea. The South African economy relies on sea trade for fishing industries, sea mining and oil and gas prospects.

Hull and Machinery (H&M) and Cargo Insurance

The average rate of H&M insurance almost doubled since 2010 with the increase of piracy activities. Hull insurance, raised the likelihoods of General Average being applied to cargoes, increased the risks that freight forwarders undertake on behalf of their clients, and raised the overall risk experience of South African trades with goods or supplies that travel through the seas. In 2008, global spend was US$22.2 billion on insurance with only US$6.6 billion spend in 3rd world regions including South Africa. What are the opportunities that can be explored in this sector? What new insurance products are being developed for the marine industry? We will explore some aspects e.g the drop in values of cargo volumes due to global recession and the knock-on effect, use of old ships and the dangers they pose with regard to insurance, corruption and cargo theft.

About MillaSA

MillaSA takes a keen interest in understanding and providing public/private opinion sharing platforms to assist any interested parties respond to new developments and concerns, and reducing the impacts of risks posed by our environment. Information

sharing offers a great learning platform.

Marine Risk and Safety

Governments have set in place a series of actions aimed at reducing the risk from the most obvious security gaps in the maritime industry network. Several vessel accidents, loss of cargo, piracy, insurance and shipping costs, oil spills and other fuels in recent years in the coastal regions have focused attention on the potential risks posed by vessels operating in the region. This conference has been designed to help all maritime industry players deal with the challenges of working in a high risk and rapidly changing environment. Container transport systems and the use of anonymous and uniform containers and the relative ease with which the contents can be wilfully misrepresented, offer many opportunities for terrorists and unsafe marine business. How is this slowly affecting and changing today’s marine business?

The conference will equip delegates with an understanding of various developments with the marine industry.

Enhancing Innovation in human capital.

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Capt. John B DalbyAFNI Founder & CEO Marine Risk Management UK

Captain John Dalby has represented The MRM Group since it’s founding in 1986. Initially he served aboard dry cargo vessels, then on oil and chemical tankers with major owners including Shell and Mærsk Line - latterly in command of Products Carriers and aboard VLCCs. His extensive seafaring and maritime experience therefore spans more than forty-eight years. Formerly a Consultant to Lloyd’s of London, the ILU and US Underwriters with regard to bulk cargoes, he was also a UK government-approved MARPOL surveyor and a recognised expert in shipping operations, risk management and loss control and fraud prevention. He established MRM’s Asset Recovery service 23 years ago and, in 1996, their Counter Piracy service. He was also instrumental in the development of MRM’s unique, covert satellite tracking system – ShipTrac TM . John is a fully qualified multi-engine jet pilot, a marksman and a keen yachtsman.

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Who should attend?

Risk and Safety Managers, HSEQ, Fleet Managers, CSO’s, Marine Superintendents, Insurance Companies, Universities & Institutions, Technology related entities, Law Firms, Fishing Companies, Ship Builders, Shipping Companies, Ship-owners/Ship Managers, Marine Insurers/Brokers/ Reinsurers, Marine Specialists, Bank Executives dealing with the Shipping and Maritime Industry, Marine Underwriters, Marine Claims Specialists, Shipyard/Port Operators, Salvors, Governments or Government Authorities involved with the international shipping industry and wishing to learn more about the legal and commercial framework, Government, Ship Financiers, Shipbuilders, Maritime Lawyers, Executives employed in the shipping industry wanting to expand their knowledge of legal and commercial matters, Employees who work for commodity traders or any form of trader who use shipping for exporting or importing commodities and goods, And all other Marine Insurance stakeholders.

Benefits of attending

• Listen to a varied range of case studies on losses, claims and recovery with lessons for Ship-owners, Ship Managers, Insurers, Reinsurers, Brokers and Claims Professionals.

• Understand recent trends and expectations for Ma-rine Insurance and how can you apply this informa-tion to boost operations and exploit prospects.

• Learn how your Risks must be insured and managed with key ideas and solutions.

• Discuss new expertise, researches and latest devel-opments that Insurers and Marine Stakeholders need to be aware of.

• Discover the current State of the Industry: Priorities and Expectations

• Attend this highly topical event to discuss the latest innovations in successful maritime risk and safety management

• Encourage dynamic risk assessment, and make the best of leadership and incident investigation devel-opment

• Listen to case study examples of piracy incidents. Debate the best strategies to deter attacks and prepare crew

• Appreciate and comprehend the fundamental principles of maritime law and the legal system in the shipping industry

• Understand and critically evaluate the framework of charter-party contracts

• Demonstrate a sound knowledge of the different types of Charters, Contracts of Affreightment (COA) and Contract of Sale

• Discuss the legal framework and different kinds of insurance in the shipping industry, risks involved and specific exclusions within contracts

If you want to build a ship, don’t drum up people to collect wood and don’t assign them tasks and work, but rather teach them to long for the endless immensity of the sea.

- Antoine de Saint-Exupery

Capt. Yechiel Barazany Senior VP and MD Africa Clear-Zone

Capt. (Res) Yechiel Barazany is in charge of Clear-Zone Operations in Africa. His current responsibilities include providing international experience and security assessment for dealing with terrorism and crime. Capt. Barazany held various command positions within the Israeli Defense Forces. In the wake of 9/11 events he was appointed Chief Security Officer for Royal Caribbean and Celebrity Cruise lines; in 2006 he Joined Rapid Explorer Ferries as Chief Operating Officer. Capt. Barazany brings firsthand knowledge in the fields of security programs, methodologies planning, organizational security standards and procedures. Under his leadership Clear-Zone was chosen to train Israel’s offshore security teams as well as first to deploy armed security personnel onboard Israeli merchant ships.

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Malcolm Hartwell Director, AttorneySolicitor, England & WalesNorton Rose Fulbright South Africa

Malcolm is a shipping lawyer based in Durban. He specialises in admiralty, shipping, international trade, marine insurance and all aspects of maritime casualties, in particular investigating the maritime aspects of cases involving salvage, collisions, grounding, flooding, fires, anchor dragging and cargo claims.Malcolm acts for the majority of South African marine insurers and for numerous international insurers, law firms, shipowners and P and I Clubs. These cases involved urgent Admiralty court proceedings to obtain arrest, interdict, discovery, production and access orders in South Africa and arbitration proceedings, particularly in London.Malcolm spent ten years at sea serving mainly on general cargo, bulk, refrigerated and container vessels on worldwide trades. He obtained his Master Mariner’s Certificate of Competency before reading for his law degree at the University of Witwatersrand. He is currently the only master mariner in South Africa who is a director at a law firm.In addition to being an attorney in South Africa, he is a solicitor of the courts of England and Wales. He is past President of the Maritime Law Association and sits on a number of its technical sub-committees.Malcolm is a director in the Admiralty Trade and Transport Division based in the Group’s Durban office and has been with the Group since 1994.ith the Group since 1994.

Norma WheelerAssociate Bowman Gilfillan

Norma has three years of experience in maritime, logistics and commercial law after practicing as an associate since March 2011 at Velden Pike Nichols Inc, which merged with Bowman Gilfillan on 1 August 2014.Norma has experience in a wide range of admiralty litigation matters, including arrest of vessels and has assisted in management of a casualty and taking crew statements. She is experienced in giving legal advice on various obligations pursuant to contracts of affreightment pertaining to diverse aspects of the transport chain, such as warehousing taxes, road transport, container lease agreements and disputes with port agents. Her commercial experience extends to drafting a variety of commercial contracts and standard terms and conditions, particularly for those in the logistics industry. She has ports and terminal expertise and has drafted terminal regulations, documents for finance and equity structuring of terminals, and a ISPS code.Norma is the Secretary of the Durban Chapter and Executive member of the Maritime Law Association of South Africa and currently studying towards a Masters in Maritime Law at the University of KwaZulu-Natal.

Speakers

Karen Miller Executive: Corporate & NicheMutual & Federal Insurance Company Limited

Karen was appointed Executive: Corporate & Niche comprising: Corporate, Marine, Engineering, Niche, Risk Finance, UMA’s and RI inwards, in July 2013. Prior to that, she had been the Executive responsible for Underwriting since November 2010. Karen has a wealth of experience in the short-term insurance industry which she acquired whilst working for companies such as Zurich, Centriq, Investec Insurance Brokers, Commercial Union Insurance and Protea Insurance.

Richard Close-SmithExecutive DirectorMarine Division: Willis Group

Richard joined Willis Faber & Dumas Marine Division in 1973 from Durham University. He subsequently qualified as an Associate of the Chartered Insurance Institute. Today he is responsible for an increasing number of Willis’s largest international marine clients with his particular specialities being Marine Hull and Shipowner’s interests. He was recently Chairman of the Marine Executive Committee of the Lloyd’s Market Association and a member of the General Committee of Lloyd’s Register of Shipping. He is married with two daughters who luckily enjoy his enthusiasm for sailing.

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Speakers

Simon FogartyLegal and Risk ManagerComarco Group - Kenya

Simon Fogarty grew up around the world, in countries including Nigeria, Japan, Holland, Peru, Greece and the United Kingdom. On completing a Post Graduate Diploma in Law and Legal Practice Course in 2005, he was employed by a niche solicitors practice in West London, specialising in local government and constitutional law, before moving into the field of criminal law. Simon joined Kenya Marine Contractors (EPZ) Ltd, a Comarco Group company, in 2010 as Legal and Administrative Manager with responsibility for contractual matters, litigation, compliance and the management of a comprehensive insurance portfolio. In 2012, Simon took on the role of Group Legal and Risk Manager for the Comarco Group, providing legal services and risk management strategies.He is the secretary of the national Maritime Law Association (“ the Association”) as well as the Cape Chapter of the Association and is as such involved in considering and drafting Maritime Legislation in South Africa.

Edmund GreinerPartnerShepstone & Wylie

Edmund is a Partner at Shepstone & Wylie, based in their Cape Town office. He specialises in shipping law. His practice encompasses both “wet” and “dry” work. Edmund has dealt with significant maritime casualties off the South African Coast where he has represented ship owners and their underwriters. He has also dealt with casualties in Namibia and Angola on behalf of P & I Clubs. Edmund is extensively involved in admiralty litigation encompassing both the enforcement of maritime claims in South Africa and the arrest of property to obtain security for foreign proceedings by way of associated ship arrests, the arrest of bunkers and other maritime property. He also has an extensive commercial practice advising international traders on the shipment of various types of cargo, including specialised reefer cargo, and the drawing up of specialised contracts of affreightment as well as standard charter parties. He has also counselled a number of service providers to the oil and gas industry on risk management. He is the secretary of the national Maritime Law Association (“ the Association”) as well as the Cape Chapter of the Association and is as such involved in considering and drafting Maritime Legislation in South Africa.

Peter Myles Chair: Nelson Mandela Bay Maritime Cluster Coastal & Marine Tourism Specialist

Acknowledged Coastal & Marine Tourism Specialist Peter Myles introduced coastal & marine tourism to South Africa as a specialist field of tourism in the marine environment. In September 2007 he presented a paper at the 5th International Coastal & Marine Tourism Congress (CMT 2007) in Auckland, New Zealand. He secured the 6th International Coastal & Marine Tourism Congress (CMT 2009) for South Africa which was convened and hosted in Port Elizabeth in June 2009. He was both Chairman and Convener of CMT 2009. At the CMT 2009 congress he was elected to the interim committee to establish an International Coastal & Marine Tourism Society (ICMTS). Subsequently this Society has now been established and Peter serves on the International Steering Committee. In March 2012 Peter was elected as the first Chairman of the Nelson Mandela Bay Maritime Cluster (NMBMC).

Yurika Pistorius Independent ConsultantLegal Compliance and Risk Management

Ms Pistorius, graduated at the University of Pretoria, and obtained the following degrees: BLC and LLB. She is an admitted attorney of the High Court of South Africa. She gained experience as an attorney focussing specifically on commercial, contract, banking and Insurance Law.She was in employment of several Insurance Companies and served as an executive member at several Insurance Companies. She also gained international experience during her employment with Zurich Insurance Company SA (Ltd), and she worked on a rotation basis in Zurich Financial Services (Switzerland) as well as Zurich North America (Chicago). She has experience in both Short and Long-term Insurance. She is a member of the Compliance Institute of South Africa (CISA), a certified Compliance Practitioner and a registered Compliance Officer. She is currently an independent consultant, who specialises in legal, compliance and risk management.

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Programme - Day One

0700-0830: Registration and networking

0830-0900: Opening remarks from the chairperson Capt. John B Dalby, AFNI | Founder & CEO,Marine Risk Management UK

0900-0940: Capt. John B Dalby, AFNI | Founder & CEO, Marine Risk Management UK

Topic: Maintaining the integrity of the High Seas and our coasts

• Background (why the sea and our maritime heritage is so vital to our existence)

• Environmental issues• Law enforcement• Domain awareness• The vulnerability of our ports• Why a healthy respect is so essential

0940-1020: Norma Wheeler | Associate,Bowman Gilfillan

Topic: “A review of International Conventions that may find a place in South Africa’s future and how these may affect the risk climate”.

• The imperative to modernise South Africa’s maritime law in line with international standards;

• How the current legal position impacts risk and in particular the shipowner’s right to limit liability for claims;

• A discussion of international conventions that the South African government is considering acceding to, such as the 1976 Limitation Convention;

• The effect that the accession to such international conventions will have on liability and risk.

1020-1040: Networking Tea Break

1040-1120: Capt. Yechiel Barazany | Senior Vice President and Managing Director for Africa, Clear-Zone

Topic: The strategic security challenges facing the maritime industry in relation to Africa

• Introducing the threats and the security challenges relating to africa

• Offering a definition of maritime security and outlining the international legal framework for combined efforts

• Comparing maritime security threats and regional responses in east africa to thus in west africa

• Private security industry specific role in supporting international efforts to address maritime security threats

1120-1155: Karen Miller | Executive: Corporate & Niche,Mutual & Federal Insurance Company Limited

Topic: Case study of renewable energy marine transportation

• Brief overview of Marine & Mutual & Federal• Renewable energy case study on plant

damaged whilst being transported internationally

• Risks associated with the transportation thereof• Suggested risk management approaches and

steps to reduce losses

1155-1225: Edmund Greiner | Partner: Shepstone & Wylie

Topic: TBA

1225-1300 TBA

1300-1400 Networking Lunch

1400-1500: Panel Session

1515: Closing Remarks from Chairperson

Capt. John B Dalby, AFNI | Founder & CEO,Marine Risk Management UK

1515: Networking Tea Break

The cure for anything is salt water: sweat, tears or the sea.

- Isak Dinesen

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Programme - Day Two

0700-0830: Registration and networking

0830-0900: Opening remarks from the chairperson

Capt. John B Dalby, AFNI | Founder & CEO | Marine Risk Management UK

0900-0940: Simon Fogarty | Legal and Risk Manager, Comarco Group - Kenya

Topic: ‘Risk Management Strategies in Relation to Offshore Oil and Gas Exploration and the Threat of Piracy.’

• Historic threat and development of piracy in East and West Africa

• The boom in offshore oil and gas exploration in East Africa

• Risk mitigation in relation to the threat of piracy against offshore oil and gas exploration

• The evolving threat of piracy in both East and West Africa

• A case study on executing marine operations in Somali waters and ports West Africa

0940-1020: Malcolm Hartwell | Director, Attorney, South Africa | Solicitor, England & Wales, Norton Rose Fulbright South Africa

Topic: “Africa Rising: Uniform legislation, locally owned fleets and a cabotage regime: Pipedream or possibility”

• Africa, its newfound stability, economic growth and potential;

• The strength of trading blocks and the AU Maritime Transport Charter of 2050;

• The need for legislative uniformity across the African continent; and

• The drive to develop South Africa’s merchant fleets and whether cabotage will work.

1020-1040: Networking Tea Break

1040-1120 Yurika Pistorius | Independent Consultant: Legal, Compliance and Risk Management

Topic: Regulation Risk and Reporting

• Regulatory landscape internationally; • Regulatory landscape in South Africa; • Compliance risks in Marine Insurance industry; • Increased reporting due to more regulations.

1120-1155 Peter Myles Chair: Nelson Mandela Bay Maritime Cluster Coastal & Marine Tourism Specialist

Topic: The Role of Maritime Clusters in Strengthening & Creating a Sustainable Maritime Industry

• Clusters do not happen naturally they have to be constructed.

• Clustering has become a central concept for analysing the competitiveness of nations, industries and firms.

• Maritime activities, such as shipping, shipbuilding and port and maritime services are geographically concentrated.

• The cluster structure is beneficial for improving maritime performance and competitiveness.

1155-1225 Richard Close-Smith: Executive Director, Marine Division: Willis Group

Topic: London Marine Insurance Market today – A Broker’s View

1225-1300 TBA

1300-1400 Networking Lunch

1400-1500 Panel Session

1500 Closing Remarks from Chairperson

Capt. John B Dalby, AFNI | Founder & CEO, Marine Risk Management UK

1515: Networking Tea Break: End of Conference