WHO IS THE CHARTERER?

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