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O TTO M ARINE L IMITED - Microsoft Internet Explorer - SGX

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interests and which are incorporated in Saint Vincent and the Grenadines, will fly the Saint Vincent and the<br />

Grenadines flag.<br />

Singapore Merchant Shipping Act (“MSA”)<br />

Singapore registered vessels have to comply with the various requirements set out in the Merchant<br />

Shipping Act. Such requirements include, among others:<br />

(a) the number and standard of competence of officers and seamen operating and manning our<br />

vessels;<br />

(b) crew agreements, engagement and discharge of seamen;<br />

(c) installation of safety equipment onboard vessels; and<br />

(d) surveys and inspections to be undertaken on vessels.<br />

Singapore Prevention of Pollution of the Sea Act (“PPSA”)<br />

Under Part III of the PPSA, among other offences, the master, the owner and the agent of the ship shall<br />

each be guilty of an offence if: (i) any disposal of discharge of refuse, garbage, waste matter, trade effluent,<br />

plastics or marine pollutant in packaged form occurs from any ship into Singapore waters; (ii) any discharge<br />

of oil or oily mixture occurs from a Singapore ship into any part of the sea or from any ship into Singapore<br />

waters, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a Singapore ship into<br />

the sea or from any ship into Singapore waters; or (iii) any discharge of a noxious liquid substance, or of a<br />

mixture containing a noxious liquid substance, being a substance or mixture carried as cargo or part cargo in<br />

bulk, occurs from a Singapore ship into the sea or from any ship into Singapore waters. The penalties for<br />

these offences differ and the party convicted may be liable for a fine or imprisonment or both. The master, the<br />

owner of the ship and the agent may each be guilty of the offence and individually liable for the specified<br />

penalty. Further, Section 17 and Section 18 of the PPSA provide that the owner of the ship found to have<br />

discharged any of the above-mentioned substances shall be liable for the costs of removing the same and for<br />

preventing or reducing any damage caused in Singapore which results from such discharge.<br />

It is not however, an offence, if discharge is necessary (a) for the purpose of securing the safety of a ship<br />

or saving life at sea, or (b) in consequence of damage, other than intentional damage, to the ship or its<br />

equipment and all reasonable precautions were taken after the occurrence of the damage or the discovery of<br />

the discharge for the purpose of preventing or minimising the escape of the matter or substances described in<br />

the preceding paragraph; or (c) in the case of (ii) and (iii) in the preceding paragraph, if the discharge was for<br />

the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was<br />

approved by the appointed authority, and, where the discharge occurred in the jurisdiction of the government<br />

of a country other than Singapore, by that government.<br />

Singapore Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act (“CLCA”)<br />

The CLCA gives effect to the International Convention on Civil Liability for Oil Pollution Damage 1992<br />

(“the CLC”) and to the International Convention on the Establishment of an International Fund for Compensation<br />

for Oil Pollution Damage 1992.<br />

The CLCA provides that owners of vessels which cause damage in the territory of Singapore by<br />

contamination resulting from the discharge or escape of oil shall be liable for such damage, the cost of any<br />

measures taken after such discharge or escape for the purpose of preventing or reducing such damage and for<br />

damage caused in the territory of Singapore by the measures so taken. The CLCA also provides for the<br />

limitation of liability for damage caused by the discharge or escape of oil and for the availability of an<br />

international fund for compensation to the person suffering the damage caused. Such international fund is<br />

contributed to by importers as well as receivers of oil.<br />

International Conventions<br />

The ownership, operation and/or management of ships are highly regulated, and are subject to<br />

international conventions, national, state and local laws and regulations in force in the countries in which our<br />

vessels may operate or are registered, as well as other applicable codes, guidelines and standards recommended<br />

by the International Maritime Organization (“IMO”), the flag state governments, classification societies and<br />

maritime industry organisations. Under our charter agreements in relation to the vessels, the operators of the<br />

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