Pests at Port? Not on My Watch!” – Understanding the FSMC Clause in Charter Parties

 🐛🚢 “Pests at Port? Not on My Watch!” – Understanding the FSMC Clause in Charter Parties

❓ 3 Questions to Spark Your Thinking

1. Is your vessel truly pest-free before delivery to a new charterer?
2. Could a moth infestation delay your port clearance or lead to fines?
3. Do you know the certification requirement if you’ve traded to FSMC-affected regions?

 

🧐 Clause Breakdown: BIMCO Flighted Spongy Moth Complex Clause (2023)

The Flighted Spongy Moth Complex (FSMC) Clause is BIMCO’s proactive measure to combat biosecurity risks posed by invasive moth species during global trade — particularly when delivering a vessel under a time charter.

🔍 What Does the Clause Say?

Key Points:

• Owners must deliver the vessel free from FSMC.
• If the vessel has visited FSMC-affected areas within the past 24 months, they must produce an FSMC-Free Certificate from a recognized body.
• The certificate must be dated on or after the vessel’s departure from the affected region.

🌍 Why Does This Matter?

The FSMC — a pest especially prevalent in East Asia and parts of North America — poses serious environmental risks to local ecosystems. Port states like Canada, USA, Australia, and New Zealand are extremely strict about quarantine measures.

Without proof of cleanliness:

• Port entry may be denied
• Delays and fines can be imposed
• Charterer may claim breach if the clause is violated

 

⚠️ Examples, Pitfalls & Industry Relevance

🔧 Operational Example:

A vessel calls Dalian, China (a known FSMC risk area) in June 2023. Now, in June 2025, the vessel is delivered under a new charter. An FSMC-Free Certificate is required, dated from the last departure from Dalian.

💥 Common Pitfalls:

• Presenting outdated or non-authorized certificates
• Ignoring the 24-month lookback period
• Charterers assuming cleanliness without explicit documentation

📚 BIMCO's Guidance:

BIMCO recommends that Owners coordinate with recognized inspection bodies before delivery. This is in line with IMO and national biosecurity protocols, particularly for the U.S. and Australia.

 

✅ Actionable Steps for Stakeholders

👩‍✈️ For Ship Operators/Owners:

• Keep a log of previous port calls over the last 2 years
• Identify if any were in FSMC-risk areas (like China, Korea, Russia’s Far East)
• Obtain a valid FSMC-Free Certificate prior to delivery
• Coordinate with certified pest inspection agencies timely

🧑‍💼 For Charterers/Managers:

• Request the certificate before taking delivery
• Cross-check certificate date and issuing authority
• Include FSMC clause compliance in your pre-delivery checklist

 

🧭 Conclusion: Small Pest, Big Problem

This clause may seem simple, but its implications are critical. A small oversight can cause major delays, impact your P&L, and damage relationships. FSMC compliance is not just regulatory — it's professional responsibility.

 

📣 Call to Action

Was this clause breakdown insightful?
📌 Like, 💬 Comment, 🔁 Share this post with your crew, operators, and legal teams.
⚓ Subscribe to ShipOpsInsight with Dattaram for practical blogs, charter party insights, and smarter shipping decisions every week.

 

📌 Disclaimer

This blog is intended for informational purposes only and does not constitute legal advice. Always consult your legal advisors, P&I Clubs, or BIMCO publications for charter party compliance and risk assessment.