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Showing posts with label rest hours. Show all posts
Showing posts with label rest hours. Show all posts

Tuesday, 16 November 2010

So, are you an NRI, or what?

Here's a quick article I did for Sailor Today on tax-free status . . . and even more relevant now than ever before. Please do visit and ask your tax consultant for more . . .

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The issue of a review in NRI status from, broadly, not more than 6 months a year to 2 months a year, has caused great debate and worry with seafarers - both present, prospective and past. And rightly so. This is one of the most widely misunderstood and misinterpreted aspects of Income Tax in India, which is one reason why the new Direct Tax Code (DTC) is trying to address that too. Many will now have to rework startegies.
 
Interim, here are a few basic observation, issued in best interest but without guarantee. Please do consult your own taxation entities for any decision you wish to take pertaining to fiduciary issues.
 
1) The new DTC will come into effect from the 1st of April 2012. Likely. Maybe, but at the same time, maybe earlier, maybe later. This remains to be seen.
 
2) The present dispensation of not more than 6 months in a year is water-tight. Not really, it comes with a few ryders and conditions, some extremely complex.
 
3) To be on the safe side, stay out of the country on a foreign flag ship for atleast 190 days. Apparently, that's not enough, and here are some queries being raised:-
 
# Did the ship in question visit India or enter territorial waters/Economic Zone at any time. That's 200 miles.
# Did the NRI sign an agreement with any entity/company/agent in India. If he did, how was he an "NRI"?
# Did the seafarer get "control" of the money in India? (Means - where was the bank account)
# Did the seafarer NRI exceed 365 days in India in total in the last 3-4 financial years.
# Where was his place of residence while an NRI. Ship was place of work. Explain the issue.
 
This is not something that SAILOR TODAY concurs with, or supports - but we would not be doing our job if we did not bring this to your notice. As for the Income Tax Authorities, their focus is clear - incremental taxation from any source is their aim.
 
Complicated days ahead for NRI seafarers unless something is done, and soon. Otherwise, the best advice we can give you is - proceed with caution.
 
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Sunday, 14 November 2010

Mariners Welfare Guild - and you

Want to do something to help improve things for seafarers?

Take a look here:-

http://www.marinerswelfareguild.com/

And then, if you agree, join.

Costs nothing but a wee bit of time.

Saturday, 13 November 2010

The power of the pen (keyboard . . .) at sea and ashore

Why do you think the name of your ship is written on the bow, and not simply hidden away somewhere inside voluminous documents and drawings, or replaced by an identification number like the registration number of your motor-car? Wouldn't it be simpler to replace everything by the full style and address of the corporate entity that owns/operates your ship, or the banks that hold the mortgage?
 
No, it wouldn't. Simply because your ship is known and acquires respect as well as a reputation by its name. So, as a matter of fact, do you and all of us.
 
Likewise, your views on anything in life. You can discuss them on the dining table, duty mess, smoke room or elsewhere. Or you can exchange SMS type messages, cryptic, short, hardly understood by many. Or if you really want them to be noticed - you can take the trouble of writing them down, eMail soft-copy as well as hard-copy printout, and send them out with your name appended at the end of whatever it is that you wanted to say, ask, declare, comment on.
 
The Power of the Pen. Certainly not as mighty as the waves relentlessly whipping aside as the bows slice through them. But certainly more powerful when you have the time to put your views across.
 
Write. Today. And if you feel you need a vehicle (or a vessel?) to help get your thoughts across, then this blog is the forum where you will realise the power that writing something with your name behind it wields. Or, in case you don't want to use your name, then trust me.
 
Go for it.

Thursday, 11 November 2010

Deepwater Horizon, and a quote from Clay Maitland . . .

Most of you would have already read about as well as seen television and internet coverage on the DEEPWATER HORIZON accident in the US Gulf/Gulf of Mexico. And then gone back to your daily lives, heck yes, this is too far away, won't impact us.

Really? Well, put it briefly, this is what one important shipping analysts says on his regular features on the subject:-

http://www.claymaitland.com/2010/06/03/changes-in-climate/

Clay Maitland says:-

What will the economic consequences of the oil spill be? We don’t know, but I’m reminded of that recent movie about oil wildcatters: “There Will Be Blood”.

I do not believe that offshore drilling is completely dead in U. S. waters, including the Arctic, but it may be. It looks badly wounded. If so, expect a lot more imports of foreign-flag tankers, with the implied risk of tanker-related oil spills to come.

That means still more regulatory restrictions by the U. S. Federal and state governments. Hence the reason for industry concern about the sanctity of the 1990 Oil Pollution Act, as it applies to tanker vessels, limits of liability, and expansion of the list of directly responsible parties. Many things have changed since 1991, when that law went into effect; the rise of powerful oil trading firms, sometimes called the Vitol effect, being just one. The issue of “who chooses the tankers”, and therefore of quality of the vessels and crews, is with us yet, and becomes even more relevant if tanker traffic to North America is about to expand. We’ll have to see how that goes, too.

Another economic consequence: marine insurance faces a very different, and uncertain, future. The U. S. Congress is now fully aware, as it was in 1990, of what a bad thing limitation of liability is. Can Brussels be far behind? The enormous damage and loss claims emanating from the U. S. Gulf states will far exceed anything the London market has seen since the second world war. Yes, there will be blood.

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The DEEPWATER HORIZON/2010 crisis in the US Gulf area impacts many of us in many ways.

For the US Government, an engineering mishap is being smartly converted into a natural disaster using some excellent PR, since nature is gentler on the future of Presidents there, unlike the monsoon here which decides it for the Government in India.  Katrina/Bush and now DEEPWATER HORIZON/Obama, not our fault, it was the Big Bad Sea.

For the environmentalists, there is a mixed bag - some have a "serves them right" attitude, some compare with Bhopal/1984 or Kuwait-Iraq '90s, and some go emotional on photographs of birds soaked in oil. For the media, there is the usual shrill structured amazement - how could "they" have made holes miles below the ocean's surface to  drill for and bring out oil, and not taken the precaution of figuring out how to stop it - like children who will claim they did not know that ice-cream can and will be spilt. What the media is paid for is to drill deeper into annual reports put out by large companies, where all these issues are listed in the fine print, with notes on the risks thereon.

As friends at sea talk about whole fleets of laid-up tankers being revived to load, ship-out from the Persian Gulf area, and store crude oil in the developed countries, and friends in the banking industry speak about how the complete dynamics of international commodities and shipping are shivering at the prospect of even more regulations adding to the costs, it seems that people on land have not the faintest clue on what to do next with such deep drilling accidents.

To bring things into simple persepctive - the depths involved are more than the height of Mount Everest over mean sea level. Now imagine that from this base, we try to pull out natural resources, to keep ourselves going on top of the mountain. So we all live on a plateau high up, way above the Himalayas, and somehow, way way down below on the ground at mean sea level, where it is also dark, cold, and where exist pressures able to crush diamonds into dust, some people, call them engineers, have now decided to dig huge holes and remove the foundations of the mountain to bring it up and make fuel out of it. Using a pipe, which they do not know how to stop, in case the bottom of the mountain caves in.

Can you and I remove the foundations of our homes to build higher floors? That's exactly where the deep oil drilling industry has now reached, in its push for energy, Fuelled by the rest of us. Because that's how it is - we climb higher and higher, and dig deeper below, after all, there's only water on top, right? Right. Think about what that water did when a little crack appeared on the surface of the ocean, during the tsunami, a few years ago.

And then, ofcourse, there are those who are busy making a profit out of this disaster, too. 34 billion dollars, and counting, likely to go up some more - simple physics tells you that all that money going down the pipe is going to surface somewhere else. And like after 9/11, the rest of the world will be expected to cough up the re-insurance bill. Likewise, the actual ownership of BP, shrouded within corporate googlies of the sort which are increasingly prevalent worldwide, will probably change - whatever that means. Or it will get merged with some other existing oil and energy major, and re-appear in yet another thinly veiled avatar.

What is certain, however, is that eventually the rest of the world, including us, will pick up the bill for the vast insurance claims, as well as the much higher fuel costs. And as seafarers, we will continue to sail those huge tankers with even bigger slop tanks and small ships which have less deadweight than the afore-mentioned slop tanks, and all points in between. And as for foreign flag tankers, and the risks their crews will take - hey, its your choice. But your salary better go up, because you will, like doctors and others, soon need to buy malpractice insurance or similar cover every time your ship calls a US Port.

The DEEPWATER HORIZON is just one more marker. That it happened off the shores of a developed country is probably why it is getting all the attention. But the real problem is not with the natural consequences of oil coming up and floating on the surface of the sea and along the beaches - it is there, deep down below, where the question remins the same - how deep do you drill?

The answer for which is this - as the price of oil keeps rising, the deeper they will need to drill.

And as on date, there are no conventions or agreements between countries worldwide on how deep they should drill into the earth's core. And that's where the fallacy lies, that is the real problem to solve. Not just OPA or other conventions that cover what happens on the surface of the sea.

Quick solution to the problem of fatigue at sea . . .

The issue of seafarer fatigue on board ships gets worse with every passing evolution. Whether it is shorter port turnaround, bigger and more complicated ships or reduction in headcount on board, fact remains, this is the only profession in the world where people have to fudge their time sheets to show that they have worked 98 hours in a week. While the rest of the world moves towards 35-40 hour weeks and quality of life parameters based, seafarers are pushed to the edge, and more.

Take a look here at what the MCA in England did to the Maersk Patras:-

http://www.bymnews.com/news/newsDetails.php?id=76428

And this is one of the biggest and best, blue of the blue, right?

One solution would be to change the watch-keeping pattern from 4-on 8-off to 3-on 9-off, viz, 4 watch-keepers instead of 3, under normal circumstances. An argument raised against this is that as it is there is shortage of trained manpower, so where will the shipowners get 33% more trained watchkeepers from?

The answer is also here - womenpower may yet solve the problem. The colateral effect of making seafaring a more attractive profession, by addressing the overwork and fatigue issues, will attract more young people, both women and men. We just have to give it a go.

So what can you do, active seafarer, at sea? One option is to start logging woking hour audits honestly, and when you are fatigued, logging it. Or writing in.

Humbly submitted.