SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 The Role of the Protection & Indemnity Clubs to Shipowners’ obligations under MLC 2006 Presentation by Johan Swart, Johan Swart Attorneys 16 August 2017

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued) The history of the early creation of the P&I Clubs (19th century) Separation from traditional Hull & Machinery insurers Extension of covers provided by P&I (1855 to the present)

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued) The legal structure of P&I Clubs Mutuality vs fixed premium underwriter Structure of layers of cover The risk of an overspill claim The growing emergence of the fixed premium market

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued) Types of cover : Injury, disablement or death of crew Passengers and third parties Pollution Fixed and floating objects (FFO’s) RDC (Collision) Cargo General Average Wreck Removal Fires / penalties Marine Courts of Enquiry Freight, Demurrage and Defence War Risks Omnibus Rule

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued) Traditional cover in respect of crew provided by P&I Clubs (pre 2013): Injury Illness (including cumulative trauma) Disability Death Repatriation / substitution Funeral and related costs Loss of effects/property

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued) P&I Clubs’ response to MLC 2013 The “pay to be paid” rule Providing cover in respect of Standard A 2.5 and Regulation 4.2 The 18 January 2017 extension (Regulation 2.5 / Standard A 2.5.2 / Guideline B 2.5 and Reg 4.2 / Standard A 4.2 / Guideline B 4.2) The P&I Clubs’ response

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)   The position of the seafarer recruitment and placement service (SRPS) providers The accreditation by SAMSA The form (and availability of financial security) for SPPS’s

SAIMI CONFERENCE ON MLC 2006 15/16 AUGUST 2017 (continued)   Thank you for your time