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Sanction Limitation and Exclusion Clause - Bimco

Sanction Limitation and Exclusion Clause - Bimco

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Joint Hull CommitteeRoom358, Lloyd’s, One Lime StreetLondon EC3M 7DQTel: (+44) 020 7327 3333 Fax: (+44) 020 7327 4443Enquiries to: Neil RobertsDirect Dial: 0207 327 8375neil.roberts@lmalloyds.comJH2010/00929th July 2010<strong>Sanction</strong> <strong>Limitation</strong> <strong>and</strong> <strong>Exclusion</strong> <strong>Clause</strong>The Joint Hull Committee continues to be mindful of the proliferation ofsanctions, together with their extraterritorial effect. The consequences forunderwriters vary, but it is clear that due diligence is commonly required tobe demonstrated by insurers.Members are advised that the Joint Hull Committee’s working party has nowbeen able to incorporate, inter alia, US legal thinking on recent USlegislation on Somalia <strong>and</strong> Iran <strong>and</strong> has therefore produced a new clausewhich is available for underwriters’ immediate use on a case by case basisas appropriate.It should be recognised that in some cases, for instance Cuba, use of theclause could contravene EU blocking or similar legislation.Neil RobertsSecretaryA Joint Committee of the IUA <strong>and</strong> LMAPage 1 of 2


JH2010/00929 th July 2010<strong>Sanction</strong> <strong>Limitation</strong> <strong>and</strong> <strong>Exclusion</strong> <strong>Clause</strong>No (re)insurer shall be deemed to provide cover <strong>and</strong> no (re)insurer shall be liableto pay any claim or provide any benefit hereunder to the extent that the provisionof such cover, payment of such claim or provision of such benefit would exposethat (re)insurer to any sanction, prohibition or restriction under United Nationsresolutions or the trade or economic sanctions, laws or regulations of the EuropeanUnion, United Kingdom or United States of America.A Joint Committee of the IUA <strong>and</strong> LMAPage 2 of 2

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