ππ’ “Pests at Port? Not on My Watch!” – Understanding the FSMC Clause in Charter Parties
❓ 3 Questions to Spark Your
Thinking
- Is
your vessel truly pest-free before delivery to a new charterer?
- Could
a moth infestation delay your port clearance or lead to fines?
- Do
you know the certification requirement if you’ve traded to FSMC-affected
regions?
π§ 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.
π 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.
π 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
π§ 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.
π₯ Common Pitfalls:
- Presenting
outdated or non-authorized certificates
- Ignoring
the 24-month lookback period
- Charterers
assuming cleanliness without explicit documentation
π 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
π©✈️ 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
π§πΌ 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
π§ 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.
π£ Call to Action
Was this clause breakdown insightful?
π
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π 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.
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