The club understands that the Nigerian National Petroleum Corporation (NNPC) has apparently lifted its earlier ban of listed crude tankers from operating or moving within Nigerian territorial waters.  However it remains unclear as to the extent of the lifting of the ban.  In particular, we note that the Nigerian authorities are requiring a 'letter of comfort' in order to be de-listed. Terminal operators and companies seeking to load crude oil are required to issue a letter of comfort 'guaranteeing that nominated vessels ... will not be utilized for any illegal activity whatsoever'.  This newly adopted position of the NNPC unfortunately does not provide the much needed clarity that many members who may be affected will be looking for from the NNPC.  The club is aware that INTERTANKO continues to try and engage with various Nigerian Authorities.

In the meantime, INTERTANKO continues to refer to the specific advice to its members trading to Nigeria who can follow the practical advice they have given.
INTERTANKO have also amended their INTERTANKO Nigeria Trade Clause as set out below to take account of the letter of comfort requirements:

INTERTANKO Nigeria Trade Clause

1. To the best of Owner’s knowledge, the vessel is not at the date of this charterparty subject to any ban by Nigerian Authorities from calling at and/or using any Nigerian ports, places or terminals, or sailing within Nigerian waters, whether arising out of any previous calls by the vessel or any other vessel owned or controlled by Owners or otherwise.

2. Charterers are responsible for and will arrange to submit to Nigerian Authorities any documents, information or other material required by Nigerian Authorities in relation to operations at Nigerian ports, places and terminals including offshore terminals under this charter.

3. Charterers are responsible and will arrange for out-turn verification at the discharge port, including an independent cargo survey if necessary, such information to be copied to Owners. All expenses and any time lost in obtaining out-turn figures will be for Charterers account. 

4. In the event of a breach of sub – clauses 2 & 3 above, Charterers will compensate Owners for all consequences thereof including but not limited to any action against Owners, and/or the vessel, time lost and any expenses incurred as a result of that breach in any subsequent voyage to Nigeria.

Comment
Unless or until the ban is lifted, the club would recommend members follow the advice of INTERTANKO and carefully consider their trading patterns, including possibly avoiding taking any vessel on the banned list either into Nigeria or into its EEZ.

Bearing in mind the local law requirement for the letter of comfort, there may be little room for negotiating its terms or amending any standard wording.  It also follows that the consequences of agreeing to provide a letter of comfort which in turn gives rise to an alleged breach may be somewhat unforeseeable. Whilst members might decide to provide such a letter of comfort for commercial expediency, cover may not be available for related P&I liabilities which result.
Source: The Standard Club