https://mynorthwest.com/1461525/petrobras-to-supply-fuel-to-iranian-ships-brazil-top-court/
Brazilian supreme court on
award, imposed an obligation to the giant state oil Petrobras to supply fuel
oil to Iranians vessels lying at anchorage. Therefore, at this odd import and
export negotiations, something still must be brought to light. for instance: Who
is the Charterer? Assuming that, Brazilian importers bought urea from the
Iranians vendors and in turn, will export corn in bulk to Iran.
Bearing in mind that majors stakeholders and players in foreign
trade are fully aware that Iran sanctions are enforce since the beginning of
American´s hostages crises in 1979. Embracing a little bit relief in Obama´s government
and again facing hard sanctions applied by Trump´s administration against the
Iranian government.
I do not know the terms of
contract, but suppose that buyers in Brazil decided to buy on FOB " free
on board" terms, the responsibilities to arrange sea transport and
delivery the cargo at destination port shall be held on sellers/owners account.
Bunkers (fuel oil) in this case also should be at vessels Owners account.
However, should the
Brazilian buyers and exporters, which seems to be the same claimants in court.
Agreed to contract/fixture the sea transportation and sign in time charter, an
Iranian flag vessel, the spot risks should be deeper calculated in order to
avoid furthers setbacks
Claimants argued that the
goods (corn in bulk) are not in sanctions list, really don´t. Nonetheless, the
vessels flying the Iranian flag is target in US list according to OFAC (Office
foreign assets Control) and penalties in breach these sanctions are severe.
Hope that Petrobras may be
well succeeded and will not experiment any damages in this lawful imbroglio.
edited by
Paulo Silvano
Lawyer and Maritime Consultancy
