BOGSOA’s consent not needed for foreign vessel’s waiver certificates

A High Court division has given a stay order for six months on the requirement of seeking consent from Bangladesh Ocean Going Ship Owners' Association (BOGSOA) for issuing waiver certificates to the foreign flagged container vessels under Flag Vessel (Protection) Rule, 2023.

The Bangladesh Container Shipping Association (BCSA) filed a writ petition last week before the High Court division impugning rule number 4 of Bangladesh Flag Vessel (protection) Rules, 2023 as it relates to requiring the Department of Shipping to secure consent from BOGSOA at the time of issuance of waiver certificate to the foreign flagged container ships, members of BCSA.

Upon hearing of the petition, the HC division comprising Justice Md Khasruzzaman and Justice Md Khairul Alam gave the stay order on August 27 while the certified copy of the HC order was published today, said Sheikh Habibur Rahman, executive secretary of BCSA.

The HC Division also issued Rule Nisi calling upon the nine respondents to explain why rule 4 of Bangladesh Flag Vessel (protection) Rules, 2023 should not be declared illegal.

The operators of foreign-flagged container vessels have been facing hassles, including unusual delays in obtaining the waiver certificate since February this year.

Obtaining waiver certificate is mandatory for foreign ships before loading cargoes to and from Bangladesh as per the Bangladesh Flag Vessel (protection of interest) Act 2019 that gives priority for the locally owned vessels to carry 50 percent of all sea-borne cargoes.