Tuesday, August 20, 2019
The fast food industry
The fast food industry INTRODUCTION In the fast food industry, nothing comes close to McDonalds as this company has stamped its mark as one of the leading fast food chains in its industry. Founded back in 1955 by Ray Kroc, who single handedly opened the first McDonalds in Des Plaines, Illinois. Though Kroc died in the year 1984, his contribution and success still remains thus making him a legend. That was considered as a stepping stone for the restaurant as it has since then grew into one of the largest fast food chains in the world. As of today, McDonalds has over 30000 restaurants world wide in over 100 countries serving up to approximately 47 million customers daily. McDonalds has successful stamp its mark especially in Asian countries like Japan, Thailand, and Malaysia where it has monopolized the fast food industry. Out of all the McDonald restaurants in the world, 70% of them are owned by independent businessman and woman due to its popularity and high demand making it worth while for investment purposes. Since t he corporation had make such a big profit out of this fast food chain, it is now heading not just one but a few other restaurants such as Aroma Cafà ©, Boston Market, Chipotle Mexican Grill, and Donatos Pizza. Demands for McDonalds are higher in foreign countries outside U.S.A thus causing the corporation to open the restaurant as much as four times more than in the U.S.A. This is due to the fact that foreign countries contributed to more than half of the turnover yearly. MCDONALDS INTERNATIONAL MARKETING MIX STRATEGIES Product McDonalds corporate try to redesign its different of products to adapt to the local needs to achieving economies of scale. McDonalds has studies the difference of culture in whole world. For example India country, beef is not served to the India. Indians are religious sensitive and most of Indians are vegetarian. So, McDonalds are served only chicken or fish and 100 percentage of vegetarian menu. Meat and vegetarian meals are provided in separate areas of the restaurant because this is religious of laws to prepare vegetarians and meat-caters. McDonalds is serving ââ¬Å"Chicken Maharaja Macâ⬠and ââ¬Å"McVeggieâ⬠meal in India. For other instance Malaysia country, Malaysia is a Muslim country, so McDonalds do not served pork. McDonalds are served chicken or fish or beef. Malaysians likes to eat hot and spicy foods as well. So, McDonald is serving ââ¬Å"Ayam Goreng McDâ⬠and ââ¬Å"Spicy Chicken McDeluxeâ⬠. Besides that, they are serving beef too. ââ¬Å"BigMacâ⬠and ââ¬Å"Quarter Pounder with Cheeseâ⬠are popular meal McDonalds outlets in Malaysia. Overall, McDonalds in general serves a rather wide variety of food considering the fact that it differs in certain countries for example, the Quarter Pounder Beef Burger is not served in India. This is to help satisfy the needs of everyone with different taste in food, thus attracting more customers to the restaurant. McDonalds also focuses a lot on the happy meals which are meant for children, each happy meal purchased entitles the child to a free toy. This proves vital as it can help in the sales revenue of the restaurant and also attract more family oriented customers to the restaurant. Branding A successful brand building can make its corporate becomes successful and defeated the stronger competitors. David (2001) states that ââ¬Ëthe Profit Impact of Marketing Strategy project shows that return on investment is related to a brands share of the market: bigger brands yield higher returns than smaller brands. Everyone knew that Coca-Cola is the most famous beverage in the world. McDonalds are severed the global brands soft drink, so it is will increase the reputations McDonalds. Both of corporations are getting benefits and making profitable. So, brand image may effect on product life cycle. Price Malaysias economic is better than India. India is lack of technology and purchasing power status is lower than Malaysia. So, that McDonalds has charged the different price in between Malaysia and India. Stuart et al. (2010) stated that exchange rate is influenced by a range of complex forces in the foreign exchange markets and may not accurately reflect the purchasing power of one countrys currency in another country. Malaysias standard living is higher than India. So that Malaysians have higher incomes and purchasing power compare to the Indians. McDonalds think that consumers purchasing power is limited and attract more customers affordable to buy their meals, so that McDonalds had charged the different price in different countries. For example, ââ¬Å"McChickenâ⬠is a general set meal sells in McDonalds every country. McDonalds are selling ââ¬Å"McChickenâ⬠worth RM 6.10 in Malaysia. Compared in India, McDonalds only sell this meal Rupee 65, convert to Ringgit Malaysia is RM 4.75. Besides that, McDonalds are also attracting its customers with lunch packages at affordable rates, for example in Malaysia, McDonalds lunch package such as ââ¬Å"McValue Lunchâ⬠is a limited to a time from 12pm to 3pm at a price range from RM 5.95 making it affordable for everyone compared to the usual RM 9.50 price. This lunch package is mainly to attract students and office workers as the lunch hour in Malaysia for office workers are standardize from the time of 12pm to 2pm and students also finish classes at 12pm making it convenient for everyone to drop by and have lunch. Promotion Technology transfers are the most important to the national and international businesses. Advertising can make McDonalds more efficient to the host countries. For example Malaysia country, Most of Malaysians are have own a televisions. So that McDonalds focus the technology infrastructure of the Malaysia to promote its products by TV commercials. McDonalds also promote its product through by magazines, brochures and newspapers. McDonalds are trying to redesign new products many times to satisfy customers need and finally provided ââ¬Å"Weekday Breakfast Specialâ⬠and ââ¬Å"McValue Lunchâ⬠. McDonalds also will provide a special set meal ââ¬Å"Prosperity Burgerâ⬠only for the Chinese New Year festive season in Malaysia. Indias standard living is lower than Malaysia. India country is lack of technology. So, McDonalds to promote its product most of times using by billboards and leaflets. McDonalds are shifted from ââ¬Å"McDonalds mein hai kuch baatâ⬠to ââ¬Å"To aaj McDonalds ho jaayeâ⬠. The reason changed is encouraging Indian customers to visit McDonalds more often with their family and enjoy their time out. It is create awareness to attract more customers visit McDonalds. In general, McDonalds have used promotion as a way of getting customers attention to get what they want or what is being promoted. Customers will then be encouraged to buy the item as actions taken by customers are usually sufficient in terms of purchases. Promotions, usually being advertise on billboards, cinemas and television all have one purpose, which is to obtain awareness from viewers and making sure they remember it. Place Placement, also known as distribution channel is very important for the international marketers. It is affected the product is available to the customer at the right place, at the right time and in the right quantity and price. For example, Malaysia is a technology country. Most of Malaysians are busy working. They have no enough time to have their breakfast and lunch. So McDonalds are located ââ¬Å"Drive-Thruâ⬠to make easier availability for providing product and services to the customers. It can help Malaysians to save time and money too. For instance, India is a country which lack technology due to low economic status. Most of Indians are having transportation problems. So, Indian can have McDonalds meals through by ââ¬Å"McDeliveryâ⬠system. It could easy delivery products to the India customers. In Malaysia, McDonald franchises have become a common investment among local businessman and woman as more restaurants have been set up in most towns and major cities. Every McDonald restaurant has been strategically set up in Malaysia as it only takes the corner lot of every shop lot. This allows the restaurant to occupy more space thus attracting more attention from passerbys. Some franchises also occupy a small building of its own with a private parking bay and drive through accessibility. On the other hand, most McDonald restaurants are also equipped with WIFI services thus allowing customers to enjoy their meals while surfing the internet or working on their assignments. This proves vital as it is an attraction to many customers especially younger generation people. SUGGESTIONS Due to the recent economic crisis and recession, it has affected many companies and organizations, both in the private and public sector. Standardize its food range world wide McDonalds should prepare future market strategies in order to face any unforeseen circumstances that might happen to the company. In my opinion, McDonalds should standardize its food range world wide as this can fulfill customers satisfaction, in terms of variety and flavour. For example, the McDonalds franchise in Malaysia and in India both have different range of food. McDonalds in India are served ââ¬Å"McVeggieâ⬠and served ââ¬Å"Ayam Goreng McDâ⬠in Malaysia. These prove that meals in India are more vegetable based meals. This can be due to the fact that probably the demand for vegetables are more compared to meat in India. Nevertheless, by standardizing the meals served in both countries. So that, Malaysian can enjoy the ââ¬Å"McVeggieâ⬠meal and Indian can enjoy ââ¬Å"Ayam Goreng McDâ⬠. Both of meals are represent both countries culture. This will be able to attract more customers as the variety of food has increased in order to fulfill customers satisfaction and both of countries people can know their cultural each other. Expanding Worldwide Networks McDonalds should be also expanding its network as this will help the company gain profit. McDonalds franchises are situated in almost every country in the world. The company should expand the franchise to the rural areas such as small towns and suburbs making it easier for the rural people to enjoy its services and foods. This can prove vital in increasing the profit of McDonalds as there are still many small towns and villages which are yet to be developed. Prior to this, the economic and political status of McDonalds in the countries will be strengthened thus gaining popularity among the rural areas. For example of small town have not McDonalds restaurant yet such as Sandakan and Tawau in Sabah areas. Serving the Best Balancing and Healthy Fast Food Many people around the world enjoy consuming fast food and equal amount of people are suffering and dying because of the same reason. The reason is simply because fast food is processed food and has a lot of preservatives such as salt, sugar, spices, and oil. These preservatives if consumed excessively can result in various health problems such as diabetes, and high blood pressure. Various types of food sold in McDonalds for example French fries and nuggets both have excessive oil added in the process which can be very fattening which can lead to obesity which is dangerous to human health. Many consumers especially in the U.S are suffering from obesity and other diseases due to the consumption of too much fast food. This will result in a drop in sales and slower growth rate of the restaurant thus preventing the company from making a profit due to a drop in demand and sales. In order to rectify this problem, and bringing profit to the company, McDonalds should reduce preservatives add ed in making their food for example, reduction of oil in the process of cooking their food. On the other hand, the restaurant should also have quality control over their food and beverages by making sure that all ingredients are equally added and not excessively. CONCLUSION From the above paragraphs, we can conclude that McDonalds is truly an ambitious corporation in terms of future planning, market strategies and other ideas thus making it one of the leading companies and fast food chain in the world. Based on the qualities the restaurant has, it is no doubt that the restaurant has proven that in order to be successful in the fast food industry, the company should build up good relationships with the franchisor, franchisee, as well as the supplier as this proves to be vital in this line of business as McDonalds can be taken as an example. However, certain points have been listed out as suggestions for the company to improve further in terms of products and services. By using international marketing mix, the restaurant is able to adopt in different countries in terms of politics, economics, social culture, and technology. This can prove vital for McDonalds Corporation as different countries have different backgrounds. Nevertheless, McDonalds still remai ns on top of the charts in the fast food sector in spite of the recent economic crisis. REFERENCE: Walker, Jr. et al., 1999. Marketing Strategy Planning and Implementation.3rd ed. United States: McGraw-Hill. David, J., 2001. Principles and Practice of Marketing. 3rd ed. United States: McGraw-Hill. Robert, D. and John, F.T., 2009. Business Marketing. 4th ed. United States: McGraw-Hill. Stuart, W. et al., 2010. International Business. 3rd ed. Pearson: Prentice Hall. Ricky, W.G. and Ronald, J.E., 2006. Business. 8th ed. Pearson: Prentice Hall. Uttara, M., 2008. Different Types of Advertising. [Online]. Available from:http://www.buzzle.com/articles/different-types-of-advertising.html. [cited 01 December 2009] McDonalds India. McDelivery. [Online].Available from:http://mcdonaldsindia.net/Mcdelivery/index.htm [cited 01 December 2009] Vikram, B., 2003. Advertising does help in building brand recall, but advertising alone does not sustain a brand. [Online]. Available from:http://www.exchange4media.com/e4m/Brandspeak/brand_mcdonald.asp [cited 02 December 2009] Stephen, O., 2009. The Currency Converter. [Online]. Available from:http://coinmill.com/ [cited 02 December 2009] Amit, R., 2008. Case of McDonalds India Launch. [Online].Available from:http://www.scribd.com/doc/2303069/Case-McDonalds-India-Launch [cited 03 December 2009] McDonalds Malaysia. Menu Items.[Online].Available from:http://www.mcdonalds.com.my/ourfood/alacarte.asp [cited 03 December 2009] à · iFranchise Malaysia. McDonalds Franchise Business Opportunity. [Online].Available from: http://www.ifranchisemalaysia.com/mcdonalds-franchise-business-opportunity.html [cited 04 December 2009] Slinky, C., 2009. Marketing Plan of McDonalds 7ps. [Online].Available from:http://www.scribd.com/doc/19212964/Marketing-Plan-of-Mcdonalds-7-ps [cited 04 December 2009] Amit, R., 2008. McDonalds India Launch. [Online].Available from:http://www.slideshare.net/rangnekar/mcdonalds-india-launch-presentation [cited 05 December 2009] Abhishek, B. et al., 2009. Marketing Mix of McDonalds India. [Online]. Available from:http://www.scribd.com/doc/13142703/Marketing-MixMcdonalds-India [cited 05 December 2009] McDonalds Malaysia. Mission and Vision.[Online].Available from:http://www.mcdonalds.com.my/abtus/corpinfo/mission.asp [cited 06 December 2009]
Monday, August 19, 2019
The Peoples Guide to Knowing your Townies :: Papers
The People's Guide to Knowing your Townies Loud, Aggressive, Hostile. This crowd of people will not be seen without another beside them. They enjoy walking around in a large group, known to them as a 'crew' or a 'gang' or a 'posse' there are many other names not listed, the reason for this is because townies have a short attention span causing them to create their own imaginative names up when the original gets boring. All types of townie are obnoxious creatures; if you are ever unlucky enough to witness a group of them maintain a running distance. Since most townies are cowards do not fear when walking past one when they are on their own since they only act cocky when they outnumber you. There are many different classes of townies to be aware of, these areà ¢Ã¢â ¬Ã ¦ Townie tramps This race of townie prefers to wear old out of date clothes, colours faded away or aluminous. The most well known clothing of a townie tramp consists of; a pair of Addidas joggers, faded aluminous green which they see as the best colour, a faded grey Nike t-shirt with a large Nike tick which fills most of the front of the t-shirt. A matching tracksuit jacket would do nicely, again faded aluminous green. The footwear is usually some old football boots Astroturf soles of course. That is your average clothing of a townie tramp. These people don't usually hang around in large gangs, although they do hang around in gangs but most often in their own street. Playing football in the middle of the road is their favourite pass time. These people usually are aggressive obnoxious and tough. They do not fear when an opposing gang outnumbers them since they don't usually lose. This type of townie is not a fight starter although if in a big enough gang would most likely attempt a riot. My advice would be to not be afraid but perhaps cross the street if on your own, not taking any chances. Designer townies The most well known and most well hated townie is by far the designer The People's Guide to Knowing your Townies :: Papers The People's Guide to Knowing your Townies Loud, Aggressive, Hostile. This crowd of people will not be seen without another beside them. They enjoy walking around in a large group, known to them as a 'crew' or a 'gang' or a 'posse' there are many other names not listed, the reason for this is because townies have a short attention span causing them to create their own imaginative names up when the original gets boring. All types of townie are obnoxious creatures; if you are ever unlucky enough to witness a group of them maintain a running distance. Since most townies are cowards do not fear when walking past one when they are on their own since they only act cocky when they outnumber you. There are many different classes of townies to be aware of, these areà ¢Ã¢â ¬Ã ¦ Townie tramps This race of townie prefers to wear old out of date clothes, colours faded away or aluminous. The most well known clothing of a townie tramp consists of; a pair of Addidas joggers, faded aluminous green which they see as the best colour, a faded grey Nike t-shirt with a large Nike tick which fills most of the front of the t-shirt. A matching tracksuit jacket would do nicely, again faded aluminous green. The footwear is usually some old football boots Astroturf soles of course. That is your average clothing of a townie tramp. These people don't usually hang around in large gangs, although they do hang around in gangs but most often in their own street. Playing football in the middle of the road is their favourite pass time. These people usually are aggressive obnoxious and tough. They do not fear when an opposing gang outnumbers them since they don't usually lose. This type of townie is not a fight starter although if in a big enough gang would most likely attempt a riot. My advice would be to not be afraid but perhaps cross the street if on your own, not taking any chances. Designer townies The most well known and most well hated townie is by far the designer
Sunday, August 18, 2019
The Life of Kate Chopin Compared to the Life of Edna Potilier Essay
The events of Kate Chopin's life strongly influence the feminist traits of Edna Pontilier, the main character in her novel The Awakening. Kate Chopin is known for her literary works that exemplify culture in New Orleans, Louisiana, and of women's struggles for freedom. Pontilier also demonstrates a woman's struggle in the 1800's and their search for a better and more independent future. The lives of Kate Chopin and Edna Pontilier are similar in their feminist views and strong urge for a free and independent life. Kate Chopin was raised under the influence of strong, independent women who told her to do what she wanted in life and not let anyone get in her way (McMahon). Her grandmother was and independent woman who worked for herself and provided a good example that woman did not need a man to make it in the world. Chopin?s mother taught her from childhood that she should always depend on herself and no one else. Also, Chopin and Pontilier were avid readers of books about everyday women gaining their freedom. Chopin read books such as Little Women, an 1876 novel about the lives of four sisters growing up during the American Civil War and Jane Eyre, an 1874 novel about a small, intelligent, and passionate orphan girl who struggles greatly on her way to freedom and independence . These books influenced her to make her novel The Awakening have a feminist viewpoint. Additionally, both women were married unprepared for the restrictions that went along with married life. They were used to being fre e and making their own decisions before marriage and were surprised at what was expected of them of society as wives. Kate Chopin defied society in many ways. She smoked cigarettes, questioned the Catholic church, loved to read and write a... ... Awakening was regarded by critics as vulgar, unwholesome, unholy and a misappropriation of Chopin?s exceptional literary talent.? ? The English Department of Bowling Green State University. After many years of criticism and questioning The Awakening was finally given the respect and recognition it deserved. Kate Chopin had many influences throughout her life that made her become the feminist writer she was when writing The Awakening. Edna Pontilier was created as a feminist because of influence of others on Chopin?s life, personal experiences and the enforcement of societal expectations placed on Chopin during this time. Both women defied society to obtain freedom and independence in a society where women were objects, not people. Without the influences in Kate Chopin?s life, Edna Pontilier my not have been the dynamic character she was during the novel.
Saturday, August 17, 2019
Needs of Ifrs Education in India
Needs of IFRS Education in India Prepared By Dr. Atul Bansal, Principal ,M. Com. , LL. B. , PM&IR, M. B. A (Fin. ), Ph. D. , MIAA, MICA C. Z. Patel College of Business and Management (S. P. University ), Vallabh Vidya Nagar ââ¬â 388120. Distt. Anand ( GUJARAT) Mobile : 09377023808 Fax : 02692-236700 e. mail : dr. [emailà protected] com Introduction ââ¬Å"In the age of globalization India insulates itself from development taking place worldwide and it is imperative for us to make a formal strategy for convergence with IFRS to harmonize with accounting standards accepted worldwide. The global trend towards IFRS represents a significant change and opportunity for many investors, companies and capital market. IFRS a global set of accounting standards may provide benefits such as greater transparency and comparability of financial information across countries. As companies compete globally, the movement towards IFRS is rapidly becoming one of the most important issues for companies to address today. Starting April 1, 2011, India has made it mandatory for every listed company to adopt International Financial Reporting Standards or IFRS.One year is a very short time when it comes to a major overhaul of the accounting process. Currently, India has an extremely limited pool of resources that have any form of training or experience in IFRS. To broaden the pool of trained resources, it is important to incorporate IFRS training in colleges, universities, and the professional accounting syllabus of the ICAI. Initiative by individual institutions to come up with the task of providing training and expertise in IFRS will also go a long way as itââ¬â¢s a big task and ICAI alone will not be able to bridge the gap.This paper throw lights on importance and need of IFRS education in India, the extent to which IFRS are recognized around the world and explore the possibilities of implementing IFRS in the Indian Keywords: IFRS, Accounting, Research, Purpose, Applicability, E ducation, IASB, ASB, Consideration, Convergence, Access, Design, Implementation International Financial Reporting Standards (IFRS) is a set of accounting standards, developed by the International Accounting Standards Board (IASB) that is becoming the global standard for the preparation of public company financial statements.The IASB is an independent accounting standards body, based in London. Importance of IFRS While converting to IFRS is a complex process, these standards have important and positive implications for organizations and individuals that adopt them. For companies: Reduced cost of capital and the ease of using one consistent reporting standard from subsidiaries in many different countries. For investors: Better information for decision making, leading to broader investment opportunities. For national regulatory bodies: Better information for market participants in a disclosure- based system. The Purpose of IFRSToday businesses are crossing their national boundaries, pr omoting the synchronization of accounting standards across the globe. The objective behind the IFRS is to create a common platform for better understanding of accounting, internationally. By adopting IFRS, a business can present its financial statements on the same basis as its foreign competitors, making comparisons Wider Applicability Furthermore, most jurisdictions that report under IFRS, including the EU, mandate the use of IFRS only for the listed companies. However, in INDIA, IFRS would apply to a wider group of entities than their international counterparts.This is primarily because of a large number of private enterprises getting covered under the size criteria, based on their turnover and/or their borrowing. Companies also may need to convert to IFRS if they are a subsidiary of a foreign company that must use IFRS, or if they have a foreign investor that must use IFRS. Itââ¬â¢s Time to Learn IFRS ICAI has announced convergence to IFRS by 2011 which is not far away, since firms would need to start preparing themselves right now to adopt this change. It is time to prepare for the change, which will bring substantial and significant business transfiguration.European Union 2005, Brazil 2010, Canada 2011, India 2011, Russia Undecided, Australia 2005, Israel 2005, New Zealand 2005 Conversion to International Financial Reporting Standards (IFRS) The adoption of IFRS compliant accounting standards in India will, among other things, allow Indian companies greater access to international capital markets. However, IFRS adoption is not without its challenges. For instance, companies that have already adopted IFRS have had to enhance their systems and processes to generate the requisite amount of information that is necessary for IFRS reporting.In addition, education and training are important for the companyââ¬â¢s finance as well as general management staff. But perhaps the biggest challenge today is that of educating finance professionals so that they can reconstruct the global economy while adding value to their organizations. Need of IFRS Education ICAI, CII, C. Z. P. C. B. M and many private bodies are conducting IFRS awareness program through Seminars and Presentations and it is making the companies aware of the compulsion to prepare for the inevitable and how it is going to help.We believe that IFRS expertise demand could be fulfilled only through dedicated IFRS trainings and diplomas that equip finance professionals/ students with all necessary skill set required. ââ¬Å"An IFRS Degree and Diploma holds great significance in a professionalââ¬â¢s resume today. IFRS transition is a good opportunity for finance professionals in India as it holds a big business opportunity in the country and abroad. And as the norm is going to become a mandatory feature for Finance companies to adhere from 2011, the importance of professionals with an IFRS diploma will increase manifold.It will certainly act as a great tool to select the best pr ofessionals from the world of finance, thereby giving a major boost to the industry as a wholeâ⬠. Many Indian companies have still not started investing time and efforts on the implementation of this transition process considering the overall lack of clarity on several key aspects. However, as this clarity emerges and the deadline draws closer, consultants expect to see a lot more companies working on implementing the changes and increasing their internal readiness through technical up gradation, process and technological changes which in urn should translate into a greater demand for IFRS expertise. ââ¬Å"IFRS transition in Europe, Canada, South America and Asian countries including India is creating huge requirements of people having good understanding of IFRS. A person with IFRS expertise will prove to be a valuable resource having an excellent job opportunityâ⬠, opined Abhishek Asthana, Chartered Accountant and member of ICAI. Adoption of IFRS by a number of listed co mpanies by 2011 would result in a significant demand for IFRS resources. Substantially, all of these resources would need to be generated internally by training existing staff.So, Finance professionals and students should definitely gear up and focus on getting their hands on IFRS expertise to widen opportunities and strengthen their resume. Consistent, comparable and understandable financial information is the lifeblood of commerce and investing. Presently, there are many sets of reporting standards applicable in different parts of the world. In search of a new financial order: one global standard for financial reporting makes sense. 50% of Indian accounting standards are similar to IFRS, but does that mean that fifty percent of our problem is solved?Answer is definitely a No. A big difference between Indian GAAP and IFRS is that accounting in India is not only governed by accounting standards but also by various legislations and governing bodies like Income Tax Act, Companies Act, SEBI, etc. In case of divergence between accounting standards and these legislations, accountants usually prefer a way which is most beneficial to them, says Abhishek Asthana, an IFRS expert, Chartered Accountant and member of ICAI. However, IFRS is not less than a law. All key areas and financial results may vary considerably on transition to IFRS.The key differences between Indian GAAP and IFRS: Firstly, under IFRS, a company would be able to recognize revenue with reference to stage of completion, if and only if, the agreement transfers control to the buyer, as well as the significant risks and rewards of the ownership of the work. But the guidance note and accounting standards issued under Indian GAAP considers it appropriate to recognize revenues once there is a legally enforceable agreement for sale and other conditions for recognition of revenue are met.Secondly, under IFRS, if certain non-employee obligations are settled through ESOP, IFRS will require fair value accounting for such options and cost differential between grant price and fair value will have to be recognized. Moreover, subsidiaries will need to account for the ESOP costs for options granted to its employees by the parent company. This is likely to have a major impact in the case of multinational subsidiaries operating in India, since many of their senior executives are given stock options in the parent company listed in the US/global markets, and where such accounting was not required under Indian GAAP so far.Thirdly, IFRS entails discounting of future receivables and payables to their current values using expected interest rates. The application of time value of money concept will have impact on the amounts recorded for long-term security deposits, payables falling due after one year and revenues earned in advance for long-term contracts/ arrangements. Fourthly, Companies will also have to comply with IAS 39 on financial instruments, particularly with regard to accounting for derivativ es. Under IFRS, hedge accounting is permitted for such transactions provided certain conditions are met.Fifthly, IFRS requires use of fair value. Whereas Indian GAAP follows historical cost convention except for fixed assets-which could be revalued. For tax purposes, the potential problem with fair value accounting is that it gives rise to the recognition of unrealized profits and losses. The question is whether these profits should form the starting point to calculate taxable profits where no specific tax rule currently exists to the contrary. Sixthly, Entities in India prepare their financial statements in Indian rupees while under IFRS reporting is required under functional currency, i. e. he currency of the primary economic environment in which the entity operates, which may be different from the local currency. For an Indian entity it is possible that a significant portion of revenues may be derived in foreign currencies, pricing is determined by global factors, assets are rout inely acquired from outside India and borrowings may be in foreign currencies. All these factors need to be considered to determine whether the Indian rupee or foreign currency is indeed the functional currency. Convergence to IFRS is not a mere accounting exercise but will have significant business implications.Hence, companies would augur well to start preparing early and not wait for the last moment to rush to. Suggestions for Improvement Adoption of IFRS by a number of listed companies by 2011 would result in a significant demand for IFRS resources. Substantially, all of these resources would need to be generated internally by training existing staff. So, Finance professionals and students should definitely gear up and focus on getting their hands on IFRS expertise to widen opportunities and strengthen their resume. Central and state government should adopt IFRS Education system.Improvement programs i. e. symposium, seminar is helpful for IFRS system. Graduate level accounting s yllabus should be modified as per Latest Aspects of accounting including IFRS. University Grants Commission [UGC] and All India Council for Technical Education [AICTE] adding IFRS Accounting System in the Universities and Institution course curriculum. Looking at the present scenario of the world economy and the position of India convergence with IFRS can be strongly recommended. But at the same time it can also be said that this transition to IFRS will not be a swift and painless process.Implementing IFRS would rather require change in formats of accounts, change in different accounting policies and more extensive disclosure requirements. Therefore all parties concerned with financial reporting also need to share the responsibility of international harmonization and convergence. Keeping in mind the fact that IFRS is more a principle based approach with limited implementation and application guidance and moves away from prescribing specific accounting treatment all accountants wheth er practicing or non-practicing have to participate and contribute effectively to the convergence process.There is an urgent need to address these challenges and work towards full adoption of IFRS in India. The most significant need is to build adequate IFRS skills through IFRS Education and an expansive knowledge base amongst Indian accounting professionals to manage the conversion projects for Indian entities. This can be done by leveraging the knowledge and experience gained from IFRS conversion in other countries and incorporating IFRS into the curriculum for professional accounting courses.References 1. Lantto, Anna-Maija and Sahlstrom, Petri (2009). Impact of International Financial Reporting Standard adoption on key financial ratios. Accounting and Finance, 49, 341ââ¬â361. a 2. Armstrong, Chris S. , Barth, Mary E. , Jagolinzer, Alan D. and Riedl, Edward J. (2009). Market Reaction to the Adoption of IFRS in Europe. Accounting Review Forthcoming. 3. Daske, Holger, Hail, Luz i, Leuz, Christian and Verdi, Rodrigo S. (2008). Mandatory IFRS Reporting Around the World: Early Evidence on the Economic Consequences. ECGI ââ¬â Finance Working Paper No. 198/2008; Chicago GSB Research Paper No. 12. 4. Callao, Susana, Ferrer, Cristina, Jarne, Jose I. and Lainez, Jose A. (2009). The impact of IFRS on the European Union: Is it related to the accounting tradition of the countries?. Journal of Applied Accounting Research, 10(1), 33 ââ¬â 55. 5. Ramanna, Karthik and Sletten, Ewa (2009). Why do Countries Adopt International Financial Reporting Standards?. Harvard Business School Accounting & Management Unit Working Paper No. 09-102. 6. Barry J. Epstein and Eva K Jemarkowicz ââ¬ËIFRSââ¬â¢ John Wiley & Sons, Ltd IASB Due Process Handbook of International Accounting Standards Committee Foundation . 7. Ralph Tiffinââ¬â¢ ââ¬Å"The Complete Guide to IFRS including interpretationâ⬠, Thorogood Publication, London. 8. http://www. researchandmarkets. com/rep orts 9. Web: www. iasb. org
Jonathans Swiftsââ¬â¢ Gulliverââ¬â¢s Travels Essay
In Joanthans Swiftsââ¬â¢ Gulliverââ¬â¢s Travels Part IV he uses a certain character to be his perfect example for what the human race should be. With this character he then will compare to the lowest of all beings to illustrate all the faults of man. These characters in his story are called the Houyhnhnms, which have a uniquely similar pronunciation to the word humans, and the Yahoos, who are the evil beasts of this particular island that Gulliver has washed up upon. Throughout the story as Gulliver describes the people of his home to the Houyhnhnms the reader begins to see how Swift shines a light on all the faults that humans have; compared to a divine, simple and perfect creature as the Houyhnhnms. Gulliver tries to distinct himself from the Yahoos of this land, who he absolutely abhors, by explaining his peopleââ¬â¢s ways and showing they have the ability to reason, unlike the Yahoos. The reader easily begins to see what Swift is trying to accomplish with his writings. He lets the reader make their own assumptions of the human race, but makes the assumption very clear. Within the story Gulliver describes how ââ¬Å"his eyes had been opened and enlarged his understanding, which he began to view the actions and passions of man in a very different lightâ⬠(puchner291). Gulliver begins to see that the thick skin, extra hair and long nails are merely the only thing separating himself from the Yahoos. This eye opening is exactly what Swift wants his readers to experience and see that there are so many despicable faults and useless ways of life in their society. The slow dissembling of the faults within man and questioning of the ways of mankind are in complete alignment with the ideas and ways of the Enlightenment, which was in short, to question everything. As Gulliverââ¬â¢s stay on the island continues, this questioning and examination of every aspect of his former life continues as well. The Houyhnhnms, or voices of reason, go on to question the laws of Gulliverââ¬â¢s land. One Houyhnhnms states how he cannot even contemplate how ââ¬Å"the law which was intended for every manââ¬â¢s preservation should be any manââ¬â¢s ruinâ⬠(puchner285). Swift takes a deep stab at the governmentsââ¬â¢ ways of workings at the time and simply shows how it is anything but just and does not make any sense. Swift also makes a remarkable point in the direction of womenââ¬â¢s rights, and uses common since to show how the treatment of women of the time was entirely reckless. The voice of a Houyhnhnms explains how it would be ââ¬Å"monstrous in them to give the females a different kind of education from the malesâ⬠(puchner298). The Houyhnhnms says how this way holds no logic, because it would leave one half of their people only useful for the bringing of children into the world and leave them good for nothing else (puchner298). Swift does not stop there and states how irresponsible it would be to not only leave this group inadequate but to then trust the care and upbringing of their children with these completely incompetent creatures. His reason here is very sound and unmistakable; how can you expect a society to flourish if the raising of man is done by the lowest creature of their society. Gulliver tries to prove to be different form the Yahoos by the fact that he can reason. The Houyhnhnms can see straight through this and one states that ââ¬Å"when a creature pretending to reason could be capable of such enormities, he dreaded lest the corruption of that faculty might be worse than brutality itselfâ⬠(puchner285). Through the Houyhnhnms response Swift dives into the depths of what humankind is capable of. He tackles how we may have the power of reason but have abused it to the full extent and instead of like the Yahoos caused destruction outwards on the world we have brought corruption into the inner beings of our society. Swiftââ¬â¢s writings in Gulliverââ¬â¢s Travels question the entire makings of humankind and even the inability of people to dare to question. The Houyhnhnms are Swifts example of how humans should be but even the Houyhnhnms in their perfectness have a fault. They have no ability to question any facts or speak of ââ¬Å"the thing which is notâ⬠. In Swiftââ¬â¢s story, Gulliver recants how he remembers how hard it was for him to get his master to comprehend the meaning of the word opinion, or how any fact could be brought to question because ââ¬Å"reason taught us to affirm or deny only where we are certain; and beyond our knowledge we cannot do eitherâ⬠(puchner297). Swift wants the reader to understand that you must not be afraid to put your thoughts and what you have been taught all of your life into question, to not fear the unknown. The Houyhnhnms refuse to believe that there are nations outside of their own island, similar to the way people refuse to think that there are opinions and answers other than their own that could be right. Swift uses his story Gulliverââ¬â¢s Travels to ignite the idea that the world as you know may not be the best of what it could be, just as the way stories have been used to teach children lessons at a young age. In Voltaireââ¬â¢s story Candide, his main character Candide is taken on a journey where he is determined to find his true love Cunegonde, which he is separated form in the beginning of the story. Through his journey Voltaire has Candide also in constant search for any man that is happier than he. In the story Candide has a friend named Pangloss who is a philosopher. In the beginning of this tale Pangloss states that ââ¬Å"there cannot possibly be an effect without a causeâ⬠and that ââ¬Å"things cannot be otherwise than they are, for since everything is made to serve an end, everything necessarily serves the best endâ⬠(puchner356). Voltaire takes these quotes throughout the story and commits Candide to question it at every chance, but is blinded by pure devotion to what his friend Pangloss has said and continues to push on. Voltaire uses the comparison of two opposites just as Jonathan Swift did in Gulliver Travelââ¬â¢s IV. Voltaire uses the land Eldorado in Candid e to compare to Westphalia. Eldorado is the example of the perfect world while Westphalia is full of everything that is wrong with the world in Voltaireââ¬â¢s opinion. In this sacred Eldorado Candide and Cacambo witnesses how the people have no desire or wants for the jewels that line their streets. He states that ââ¬Å"the children of this land must be well trained, since they are taught contempt for gold and jewelsâ⬠(puchner381). During their dinner with their host at the hotel Candide tries to use the gold for payment but in this perfect Eldorado people are courteous and hotels are made and paid for by the state and they do not need any money. Later Candide begins to ask about religion and finds that this land has the perfect religion where they do not have monks that dictate what they do and punish them if they do not practice their religion as they say they should (putchner383). Instead Voltaire describes a religion where people are all of the same mind and can freely practice their religion (puc hner282). Once Candide meets the king he finds that this perfect land has no parliament for there was no need and no prisons but they had a gallery full of places to study sciences with mathematical and physical instruments to help further knowledge (putchner383). Here you can see how Voltaire is creating a world that has no prejudices and is surrounded by the overall bettering and good of the people. Although Candide and Cacambo have found the perfect world they still are not satisfied. This is a major flaw in man, to continue to want even after they have everything they need. In response to this, Candide and Cacambo leave and take all the riches they need that they assume will bring them happiness but instead are presented with tragedy after tragedy that brings them right back to where they began. Candide then by losing everything somehow is reunited with all his friends and they make it to a tiny farm to live where Pangloss continues to question. He finds a philosopher that he wants to discuss the ââ¬Å"effects and causes, the best of possible worlds, the origin of evil, the nature of the soul, and pre-established harmonyâ⬠(putchner412) all of which are prime examples of some of the main parts that have been in question during the Enlightenment; but instead Pangloss has the door slammed in his face; similar to the way man refuses to discuss these very same aspect. Pangloss still does not stop asking questions and making philosophical assumptions even to the very end of the story and after all the terrible things that had happened to him. Candide then runs into a Turk that states that most of the time the people who get involved in others business, perish terribly (putchner413). The Turk then continues to tell Candide that he and his family cultivate their 20 acres ââ¬Å"and the work keeps [them] from three great evils, boredom, vice, and povertyâ⬠(putchner413). Candide takes the Turks words very seriously and soon sets out his life to imitate the Turks and sets up a garden to cultivate. After meeting all the people throughout his journey he finds this man to be the only person happier than him and he had found a way to make life bearable; so Candide commits to doing the same. Voltaire has much to say through his character Pangloss and Martin, about men who choose to live their lives working. Pangloss states that ââ¬Å"man was not born to take his easeâ⬠and Martin comments that ââ¬Å"working without speculation is the only way of rendering life bearable.â⬠Candide finally has everything that he wanted all on their farm but sees that what he wanted and thought is not anymore what he wants or thinks. Cunegonde has lost all her beauty and he does not love her anymore and Panglossââ¬â¢s theory does not hold a light in Candidââ¬â¢sââ¬â¢ mind anymore. He decides to change his life and stop wanting more and make a life that is focused on one goal; to cultivate his garden and not worry about the trifles amongst the world. He then sees clearly that he makes his own happiness and others do not. The garden will keep him away from the evils in which he has met all his life. He will not have to want for food and beg, and he will only have enough for what he needs and not what he wants and this will keep his mind busy and away from boredom. Popeââ¬â¢s writings differ greatly from Swiftââ¬â¢s or Voltaireââ¬â¢s. In Popeââ¬â¢s Essay on Man, he uses poetry to illustrate his philosophical points. The start of his essay states ââ¬Å" what can we reason but from what we knowâ⬠(putchner345). Pope gains the readerââ¬â¢s attention by simply saying that he is just going to examine Man. This alone is what the Enlightenment was about, to take into account all that you thought you knew and then ask yourself, is this really what I know. Pope goes to ask the question, are we the only system or universe? He says to just ââ¬Å"observe how system into system runsâ⬠(putchner345). How can we be the only world is the question he wishes to ignite in us; if we just look at our world we can clearly see that we are too a system within a system and perhaps we have a purpose within this very sphere. He continues to ask question among question to further state, why are we the way we are? And are we the highest being above all on earth and if so, should we be in this place? We can see where he asks ââ¬Å"if God has placed him wrongâ⬠and should we have the power over the world that we do (putchner345). If God has placed us in this high position then shouldnââ¬â¢t we be perfe ct, but he describes free will by saying that ââ¬Å"manââ¬â¢s as perfect as he oughtâ⬠and that we are as good as we let ourselves be (putchner346). The Essay on Man discusses fate and why we do not know our own fate or more then the very page that we are on in life. If ââ¬Å"had he thy reason, would he skip and playâ⬠(putchner346) and continue to live our lives if we knew how it would all end. He gives the answer that hope of the unknown is what keeps man going. He examines the Indian people, a prime example of living in the unknown; for they had no sciences to let them see the planets and the universe but still remained to have God in their culture. He said they have a ââ¬Å"humbler heavenâ⬠before the Europeans came to conquer their land and torment them for their gold (putchner347). Pope describes to the reader that pride is our error and we blame God for everything when we are not happy. Our pride gives us the right to think that earth is for our own use. He explains ââ¬Å"why has not man a microscopic eyeâ⬠, his response is simple ââ¬Å"that man is not a flyâ⬠(putchner347). Pope wants the reader to see that God has made us the way we are and we are not meant to see that far; that we are meant to inspect the earth not to understand the heavens. He ends his essay by saying that ââ¬Å"all partial evil [is] universal goodâ⬠and that ââ¬Å"whatever is, is rightâ⬠(putchner351). This very statement was examined greatly by Voltaireââ¬â¢s work Candide and has been examined by many philosophers and thinkers even to this very present day. The Rape of the Lock is another story written by Pope in which he also uses poetry to reach the reader but in my case went over my head. He illustrates a beautiful story of a girl named Belinda that his great at playing cards and wins the heart of every man and Sylph she comes across. The Sylphs follow Belinda throughout her entire day and Pope begins to show how man has no control over anything that happens; whether that may be the folding of her sleeves or the safety of Belinda. Pope may be continuing his theory that man has his own fate but that he cannot know it and certain Powers that are out of our understand control our day to day life. That this is the way things are and it is in our best ability to be happy with the life we are given. Even the fair Belinda blessed with all the beauty in the world is not spared by fates hand. The loss of her strand of hair in the end may resemble the loss of virtue and her pride for even the perfect can be brought down. Works Cited Puchner, Martin, Suzanne Akbari, Wiebke Denecke, Vinay Dharwadke, and Barbara Fuchs. The Norton Anthology of World Literature. 3rd ed. Vol. D. New York, London: W. W. Norton & Company, 2012. 269-413. Print.
Friday, August 16, 2019
Monitor Complience with Legislative Requirements
A. monitor complience with legislative requirements â⬠¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of ââ¬Å"general averageâ⬠2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: ââ¬Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ââ¬Ëinevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. â⬠ââ¬Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. ââ¬Å"3rd. This attempt to avoid the imminent common peril must be successfulâ⬠. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrierââ¬â¢s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrierââ¬â¢s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrierââ¬â¢s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerkââ¬â¢s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargoââ¬â¢s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipperââ¬â¢s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrierââ¬â¢s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this personââ¬â¢s activities. A more serious problem that continues to cause concern is where carriersââ¬â¢ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agentââ¬â¢s letter of credit. 3. Bank reference confirming sufficient funds exist in the consigneeââ¬â¢s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Clubââ¬â¢s local correspondents or the Membersââ¬â¢ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42ââ¬â47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including ââ¬Å"voyages to nowhereâ⬠). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (ââ¬Å"Builtâ⬠for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: â⬠¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) â⬠¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) â⬠¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) â⬠¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) â⬠¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) â⬠¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a ââ¬Å"single voyage exemption certificate. â⬠In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual ââ¬Å"topsideâ⬠surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organizationââ¬â¢s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. ââ¬Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,â⬠says Dave Williamson, director of fleet operations for BP Shipping. ââ¬Å"Weââ¬â¢re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. â⬠In the past, most emphasis has been put on numbers and performance based on: ââ¬Ëdays away from work caseââ¬â¢ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shippingââ¬â¢s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ââ¬â¢lineââ¬â¢ ââ¬â to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. ââ¬Å"Safety is not just about trips or falls. Itââ¬â¢s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. â⬠Williamson concludes: ââ¬Å"At the moment weââ¬â¢re not able to say weââ¬â¢re the best, we still have areas whe re we believe there is significant room for improvement.But ââ¬Ëthe bestââ¬â¢ is a relative state and safety is a never ending journey. Mysense is that weââ¬â¢ve made significant changes andadvances in the past couple of years. â⬠Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAAââ¬â¢s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [emailà protected] gov). 5. ) passenger ship safety certificate ââ¬â for all passenger ships â⬠¢cargo ship safety radio certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only â⬠¢cargo ship safety equipment certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only â⬠¢cargo ship safety construction certificate ââ¬â for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only â⬠¢cargo ship safety certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt â⬠¢load line certificate ââ¬â for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes â⬠¢oil pollution prevention certificate ââ¬â for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt â⬠¢minimum safe manning document certificate ââ¬â for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt â⬠¢safety management certificate â⠬â for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt â⬠¢ship security certificate ââ¬â for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only â⬠¢sewage pollution certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only â⬠¢air pollution certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more â⬠¢anti-fouling declaration ââ¬â for fishing vessels under 24 metres in length or of less than 400gt â⬠¢anti-fouling certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more â⬠¢certificate of fitness (chemical or gas) certificate ââ¬â for all chemical tankers or gas carriers â⬠¢dangerous goods certificate ââ¬â for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only â⬠¢certificate of compliance for a large charter yacht ââ¬â for all large passenger yachts â⬠¢UK fishing vessel certificate ââ¬â for fishing vessels between 15 and 24 metres in length â⬠¢international fishing vessel certificate ââ¬â for fishing vessels over 24 metres in length â⬠¢small commercial vessel certificate ââ¬â for pilot boats and small commercial vessels under 24 metres in length â⬠¢certificate of registry ââ¬â mandatory for all fishing vessels, optional for pilot boats and small commercial vessels â⬠¢international tonnage ââ¬â for fishing vessels under 24 metres in length Monitor Complience with Legislative Requirements A. monitor complience with legislative requirements â⬠¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of ââ¬Å"general averageâ⬠2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: ââ¬Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ââ¬Ëinevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. â⬠ââ¬Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. ââ¬Å"3rd. This attempt to avoid the imminent common peril must be successfulâ⬠. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrierââ¬â¢s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrierââ¬â¢s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrierââ¬â¢s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerkââ¬â¢s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargoââ¬â¢s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipperââ¬â¢s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrierââ¬â¢s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this personââ¬â¢s activities. A more serious problem that continues to cause concern is where carriersââ¬â¢ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agentââ¬â¢s letter of credit. 3. Bank reference confirming sufficient funds exist in the consigneeââ¬â¢s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Clubââ¬â¢s local correspondents or the Membersââ¬â¢ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42ââ¬â47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including ââ¬Å"voyages to nowhereâ⬠). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (ââ¬Å"Builtâ⬠for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: â⬠¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) â⬠¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) â⬠¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) â⬠¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) â⬠¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) â⬠¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a ââ¬Å"single voyage exemption certificate. â⬠In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual ââ¬Å"topsideâ⬠surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organizationââ¬â¢s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. ââ¬Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,â⬠says Dave Williamson, director of fleet operations for BP Shipping. ââ¬Å"Weââ¬â¢re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. â⬠In the past, most emphasis has been put on numbers and performance based on: ââ¬Ëdays away from work caseââ¬â¢ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shippingââ¬â¢s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ââ¬â¢lineââ¬â¢ ââ¬â to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. ââ¬Å"Safety is not just about trips or falls. Itââ¬â¢s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. â⬠Williamson concludes: ââ¬Å"At the moment weââ¬â¢re not able to say weââ¬â¢re the best, we still have areas whe re we believe there is significant room for improvement.But ââ¬Ëthe bestââ¬â¢ is a relative state and safety is a never ending journey. Mysense is that weââ¬â¢ve made significant changes andadvances in the past couple of years. â⬠Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAAââ¬â¢s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [emailà protected] gov). 5. ) passenger ship safety certificate ââ¬â for all passenger ships â⬠¢cargo ship safety radio certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only â⬠¢cargo ship safety equipment certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only â⬠¢cargo ship safety construction certificate ââ¬â for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only â⬠¢cargo ship safety certificate ââ¬â for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt â⬠¢load line certificate ââ¬â for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes â⬠¢oil pollution prevention certificate ââ¬â for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt â⬠¢minimum safe manning document certificate ââ¬â for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt â⬠¢safety management certificate â⠬â for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt â⬠¢ship security certificate ââ¬â for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only â⬠¢sewage pollution certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only â⬠¢air pollution certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more â⬠¢anti-fouling declaration ââ¬â for fishing vessels under 24 metres in length or of less than 400gt â⬠¢anti-fouling certificate ââ¬â for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more â⬠¢certificate of fitness (chemical or gas) certificate ââ¬â for all chemical tankers or gas carriers â⬠¢dangerous goods certificate ââ¬â for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only â⬠¢certificate of compliance for a large charter yacht ââ¬â for all large passenger yachts â⬠¢UK fishing vessel certificate ââ¬â for fishing vessels between 15 and 24 metres in length â⬠¢international fishing vessel certificate ââ¬â for fishing vessels over 24 metres in length â⬠¢small commercial vessel certificate ââ¬â for pilot boats and small commercial vessels under 24 metres in length â⬠¢certificate of registry ââ¬â mandatory for all fishing vessels, optional for pilot boats and small commercial vessels â⬠¢international tonnage ââ¬â for fishing vessels under 24 metres in length
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