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insights
marine risk
june 2011


              Protecting	your	
                assets in transit
                      Also in this issue:
                      •	 World	trade:	The	only	way	is	up
                      •	 Doing	the	right	thing	(compliance)
                      •	 Learning	from	claims
                      •	 Declaring	general	average	
                      •	 Salvage
Contents

    03 Welcome                                         18 Obligations in international trade
    03 introduction                                    20 Transport your goods safely, on time and
                                                          without losses
    04 World trade: the only way is up
                                                       22 ensuring safety in the packaging of containers
    07 Doing the right thing
                                                       24 risk engineering: Greater peace of mind
    10 Learning from claims
                                                       28 Projects: the way ahead
    14 Declaring general average
                                                       31 Piracy: not going away
    15 Case study 1: where is my cargo?
                                                       36 Zurich international research and Development
    16 salvage – posting security
                                                          Centre of shipping and Finance
    17 Case study 2: there’s a hole in my container!
                                                       38 Contributors


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Welcome                                                                   Introduction
Welcome to this edition of insights on Marine.                            is there light at the end of the tunnel?
                                                                          Are we through the recession? The latest figures from
In this insights, we look at how world trade is recovering, the lessons
                                                                          the World Trade Organization (WTO) certainly suggest
that can be learned from claims, and the benefits of risk engineering.
                                                                          that things are improving rapidly, with the fastest growth
Above all, we look at how you can benefit from integrated teams, with
                                                                          in the volume of exports ever seen since records began.
underwriting, claims and risk engineering all working together
                                                                          The WTO believes the longer-term trend will be for more
for the benefit of our customers.
                                                                          modest growth, but it is growth nevertheless.
We also bring you the latest information on buyer and seller
                                                                          However, it is not all good news. There are many more
obligations in international merchandise trade, the moves towards a
                                                                          General Average claims being declared, cargo theft
consensus on what needs to be done about the issue of safety in the
                                                                          has increasingly become the domain of large organized
packing of containers, the current focus on compliance around the
                                                                          criminal gangs, and piracy remains a potent threat.
world, and the latest picture of the Somalian piracy threat.
                                                                          The infrastructure in some developing regions continues
Kind regards,                                                             to be a concern, and the handling of cargo is a problem
                                                                          in some areas as a result of a lack of training.
Lee meyrick, Chief underwriting Officer Marine, Zurich
                                                                          But all of these various concerns are being addressed by
                                                                          industry, insurers and governments, with varying degrees
                                                                          of success. Insurance, of course, has an important role to
                                                                          play, and Zurich is determined to help its customers find
                                                                          solutions, through insurance protection, through risk
                                                                          engineering, and through sharing of best practice.




                                                                                                                                        3
World	trade:	
    the	only	way	is
                                   up
    It has been a tough two or three years for companies
    in the import/export business or transportation sector.
    World trade saw a major dip in 2009 – The united nations
    Conference on Trade and Development (unCTAD)
    described it as an unprecedented trade contraction,
    revealing that merchandise exports dropped about seven
    times more rapidly than global gross domestic product.




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                                                                                                                                       insights 11
• International seaborne trade contracted by 4.5% in 2009         line with forecasts from unCTAD that the shipping
  and fell below 2007 levels from the all-time high attained      industry and seaborne trade are recovering, but it
  in 20081.                                                       will take beyond 2011 to return to 2009 levels.1

• estimates put total seaborne trade during 2009 at
                                                                  Asia: the engine room for world
  7.84 billion tons, according to the unCTAD Review.1
                                                                  trade growth
• The World Trade Organization (WTO) said that the global         Despite the economic downturn, Asia is still driving
  economic crisis in 2009 caused a 12.2% contraction in           global trade. Asia exhibited the fastest real export
  the volume of global trade — the largest decline since          growth of any region in 2010 with an increase of 23.1%.
  World War II.2                                                  This was led by China and japan, whose shipments to
                                                                  the rest of the world each rose roughly 28%.
• The value of world merchandise exports fell 23% to
  uSD 12.15 trillion in 2009, while world commercial              In 2010, China overtook Germany as the world’s leading
  services exports declined 13% to uSD 3.31 trillion.2            merchandise exporter, accounting for almost 10% of
                                                                  world exports, and is now second to the uS on the
Recovery in 2010                                                  import side, accounting for 8% of world merchandise
But there was a good recovery in 2010. According to WTO           imports according to WTO figures.2 The growth is
figures, the volume of exports in 2010 rose by a record-          particularly in infrastructure projects – Indonesia,
breaking 14.5% (the fastest growth since records began in         Thailand, and China are all ploughing billions of dollars
1950), enabling world trade to recover to its pre-crisis level    into their infrastructures – building power stations,
but not its long-term trend. Developed economies recorded         bridges, and roads. And naturally, it has an impact on
export growth of nearly 13% in 2010, compared to a 16.5%          cargo transportation.
average increase in the rest of the world.3

Announcing the figures in April 2011, the Director-General        1 The UNCTAD Review of Maritime Transport 2010, December 20, 2010:
of the WTO, Pascal Lamy, said: “The figures show how              http://www.unctad.org/en/docs/rmt2010_en.pdf
trade has helped the world escape recession in 2010.              2 WTO News Release March 26, 2010: http://www.wto.org/english/
However, the hangover from the financial crisis is still with     news_e/pres10_e/pr598_e.pdf
us.” WTO economists forecast that world trade growth              3 WTO News Release April 7, 2011: http://www.wto.org/english/
should settle to a more modest 6.5% expansion in 2011.4           news_e/pres11_e/pr628_e.htm
                                                                  4 WTO News Release March 14, 2011: http://www.wto.org/english/
Cautious optimism for the future                                  news_e/news11_e/rese_14mar11_e.htm

While there is no tangible ‘feel good factor’ in the import/
export trades, since 1 january 2011 we have seen cautious
optimism in europe in terms of turnovers – customers are
talking about modest increases, but they are still very small
and certainly not yet back to the levels pre-crisis. This is in                                                                         >




                                                                                                                                        5
>                                                  effects of the downturn
                                                   The economic downturn has had a major
                                                   effect on companies in the import/export
                                                   business or transportation sector, not least
                                                   the decline in demand for goods which saw
                                                   trade levels fall globally. But the downturn
                                                   has also resulted in cost-cutting across the
                                                   sector. This has impacted crewing levels and
                                                   quality of crews, and resulted in reduced
                                                   investment, if any at all, in training, vessel
                                                   maintenance, logistics quality and risk
                                                   engineering. As the recovery proceeds, all
                                                   of these areas will require additional
                                                   investment to ensure that losses and delays
                                                   are kept to a minimum.

                                                   new challenges
                                                   Despite the temporary impact of the
                                                   economic downturn, globalization continues
                                                   apace. More and more companies find
    Commodities and                                themselves looking to overseas markets,
    hi-tech products                               either to sell their products or to import
    As well as infrastructure projects, there is   goods or commodities. This creates new
    also a focus on commodities. There are         challenges for companies in terms of
    huge amounts of hard commodities –             unfamiliar territories, changes in where
    iron ore, steel, coal – moving into the        the suppliers and markets are, and of
    Asian region from Australia, India, and        course logistics.
    South America.
                                                   One of the biggest challenges is ensuring the
    And then there are a lot of finished           efficiency and strength of the supply chain.
    products being produced by China, Taiwan,      Breaks in the supply chain can be costly and
    Korea and japan and exported outwards,         impact on profits. There is a much greater
    such as hi-tech products like smart phones,    risk of this where global trade results in an
    portable media players and 3D TVs. The         extended supply chain. As a result, active
    entire Asian region is continuing to see       supply chain management is increasingly
    high levels of trade, both import and          necessary to ensure that weak spots are
    export: the raw materials being imported       identified, alternatives prepared, and
    and the finished products being exported.      business interruptions minimized.




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Doing the	
                           right	thing
Companies that trade internationally face                       Regulatory restrictions
many challenges, not least of which is the                      Many countries around the globe have some form of
                                                                regulatory restrictions, which are designed to protect the
issue of insurance protection.                                  local market. These include:

                                                                • local policy taxes (admitted insurance)
Globalization and the steady growth in world trade have
                                                                • restrictions on non-admitted insurance
meant a growing demand for global insurance programs,
and in particular for marine insurance. At the same time, the   • compulsory insurances
economic downturn has resulted in a fundamental change
                                                                • reinsurance restrictions
in the area of compliance, and this has had a major effect
on the purchasing of marine insurance.                          • exchange controls

                                                                • national pools.                                             >

                                                                                                                              7
>

A report last year, “G-20   existing regulations are being strictly               Greater protectionism
Protection in the Wake of   enforced more than ever before as countries           It is all part of a wider move towards greater
                            face increasing fiscal pressure.                      protectionism around the world. A report
the Great Recession,                                                              last year, “G-20 Protection in the Wake of
”commissioned by the        The aim is simple: to keep premiums within
                                                                                  the Great Recession,” 5 commissioned by the
                            the country, and to raise revenue by taxing
International Chamber of    those premiums. As a result of the downturn,
                                                                                  International Chamber of Commerce’s (ICC)
                                                                                  Research Foundation found that all G-20
Commerce’s (ICC) Research   many countries are looking to have their own
                                                                                  countries have implemented protectionist
Foundation found that all   internal insurance industries, even if it is just
                                                                                  trade measures over the last two years.
                            for tax revenue purposes, and this is driving
G-20 countries have
                            a lot of the regulatory issues.                       By September 2009, the G-20 were
implemented protectionist                                                         responsible for 172 such measures being
trade measures over the     Consumer protection laws                              implemented, with hundreds more in the
last two years.             Increases in consumer protection laws have            pipeline. The report said that “the sweep
                            been driving the need for locally admitted            of protectionist policies in the wake of
                            policies. Countries are increasingly looking to       the Great Recession is alarming.”
                            protect consumers in their territory by only
                            allowing insurance with insurers that are             ensuring compliance
                            regulated by the country. Governments                 For the trade and shipping sectors, alignment
                            want to ensure that there is recourse to              with insurance regulations is becoming a
                            a local insurer in the event of something             crucial factor. This is not only because there
                            going wrong.                                          may be problems with recovery, or with the
                                                                                  ability to have a claim paid to the company
                            use of non-admitted insurance is simply not
                                                                                  where it is not locally represented, but also
                            an option in many countries. Countries may
                                                                                  because of the issue
                            insist on an admitted insurer for all
                                                                                  of fines. This is a topic that affects the
                            insurances or for compulsory insurances.
                                                                                  insurer, the broker and the insured, all of
                            There may be compulsory cessions to
                                                                                  whom can be hit by fines, which in some
                            national pools related to terrorism,
                                                                                  cases can be substantial.
                            environmental insurance or taxation of non-
                            admitted insurance.                                   Therefore, when choosing a carrier,
                                                                                  international companies should be
                                                                                  increasingly focused on the carriers’ global
                                                                                  capability. As companies look to expand into
                                                                                  new territories, with new suppliers, or new
                            5http://www.iccwbo.org/uploadedFiles/ICC/iccrf/G20_   markets, they need to know that they are
                            Protection_in_the_Wake_of_the_Great_Recession.pdf     fully compliant.




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insights 11
   If these products are damaged in transit,
   that company is unlikely to have any
   representatives in Kenya to take care of
   the problem




Local representation                           Where goods are being stored in a country
Take, for example, a uK company                in which a company has no representation,        Customer checklist:
representative who visits a Kenyan trade       and where there is inland transit within that    Insurance compliance
show and sells products, which are later       country, from the warehouse distribution         Is non-admitted insurance allowed?
shipped to Kenya. If these products are        to the retailer, it may be vital to have local
                                                                                                Are there financial penalties
damaged in transit, that company is unlikely   policies that will respond in the event of
                                                                                                associated with non-admitted
to have any representatives in Kenya to take   a loss.
                                                                                                insurance?
care of the problem. Compliance goes
beyond just making sure the paperwork          Added value                                      What are the local premium taxes?
ties up – it is also about coming up with      This is why a multinational insurer who can
                                                                                                What other taxes may be
a bottom end solution when things do           provide locally compliant solutions can add
                                                                                                applied (excise tax, stamp duty,
go wrong.                                      value. Due to their reach, multinational
                                                                                                withholding tax)?
                                               insurers have qualifications to identify and
Marine is one of the few areas where this
                                               understand the regulations of a particular       What are the compulsory insurances?
can happen, where you can have a claim in
                                               local jurisdiction, and work within the
a territory where you may not have any sort                                                     What compulsory cessions are required
                                               confines of those regulations as well as
of base or representation. Many claimants                                                       (national pools, reinsurance, etc)?
                                               regional and global sanctions, all within a
are outside of the country where the policy
                                               centrally controlled overall program.            How can premium be fairly allocated
is produced, and so global delivery becomes
                                                                                                across subsidiaries?
a crucial element.                             Multinational insurers can offer, through
                                               their local resources, the ability to conduct    Can claims be paid to the
With the globalization of trade, there is a
                                               the requisite local vetting that is needed for   local subsidiary?
particular issue for compliance when goods
                                               claim-related activities, to ensure compliance
go into storage and distribution.
                                               with the regulations.




                                                                                                                                         9
Learning	from claims	
     In an economic downturn, there is typically an increase in the frequency and severity of marine
     claims. This may be the result of cost-cutting affecting crewing levels and expertise, a lack of
     regular maintenance, or vessels being laid up for an extended period.




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                                                                                                                                                        insights 11
                                                                                                     Today, with fewer consolidated loads and
                                                                                                     improved container security, pilferage has
                                                                                                     largely gone away. For example, doors can
                                                                                                     be locked in such a way that they cannot be
                                                                                                     broken into without it being obvious.
                                                                                                     Additionally, security at ports has increased
                                                                                                     as a result of the threat of terrorism, so it is
                                                                                                     now almost impossible to get past the gates
                                                                                                     without significant security clearance.
Cargo theft claims                                 There has been a noteable shift in the area
Although largely unrelated to the economic         of marine theft claims globally, from low
                                                                                                     now: Organized criminal gangs
                                                                                                     Theft is now on a much bigger scale and
downturn, theft and hijacking of cargo is an       value pilferage claims to an increase in the
                                                                                                     involves organized crime due to a lucrative
increasing problem. There is still a very high     hijacking and theft of full container loads.
                                                                                                     black market. With the expansion of the
frequency of the targeting and successful          They are fewer in number but much bigger
                                                                                                     global economy, goods can be ordered easily
theft of consumer retail goods, particularly       in value. Rather than the uSD 5,000 or uSD
                                                                                                     and quickly on the internet from anywhere in
consumer electronics, pharmaceuticals and          10,000 pilferage claims that Zurich used to
                                                                                                     the world, with the consumer having no idea
high-value commodities that are easily sold        see in the 1990s, we are now seeing uSD
                                                                                                     of the source of those goods and whether
on the black market, especially in South-east      500,000 or uSD 1 million theft claims.
                                                                                                     that source is legitimate.
Asia and Latin America.
                                                   In the past: Pilferage                            The opportunities created by significant
In the uS, perhaps surprisingly, it is food and
                                                   Cargo security within containers was a            values concentrated in a container, as well
beverages that are most commonly stolen.
                                                   challenge in the past. The industry tended to     as the lack of traceability and the ease with
According to FreightWatch International’s
                                                   consolidate smaller loads into one container,     which goods can be sold in a market where
Bi-Annual Cargo Theft Report (july 2010),
                                                   which meant containers had to be opened           it cannot be tracked, has made cargo theft
food and beverages (notably meat products,
                                                   and closed a number of times during the           much more attractive. Organized criminal
canned beverages and raw products such as
                                                   transportation process, resulting in high         gangs are now sophisticated. Specific goods
sugar and coffee) are the most commonly
                                                   levels of pilferage. Pilferage happened largely   can be targeted for theft and stolen or sold
stolen cargo products in the uS, accounting
                                                   in the ports where the stevedores would           to order based on the demand of the
for 22% of all theft incidents. This is followed
                                                   help themselves to the goods being shipped.       black market.
                                                                                                                                                         >
by electronics, which account for 19%.




                                                                                                                                                        11
>




                                                     warned them to prepare for a significant
                                                     increase in theft. Zurich is working with them
                                                     now to mitigate this increased exposure.

                                                     Sophisticated criminals
                                                     tracking cargo
                                                     Criminal gangs are stealing containers,
                                                     attacking warehouses where the products
>
                                                     are stored, and taking products that are in
                                                     strong demand. The sophistication of these
                                                     criminal gangs is highlighted by their ability
                                                     to exploit online freight exchange websites
                                                     by hacking into those sites and ‘stealing’ the
     The increase in major hijacking and violent     information. Additionally, the ease of access
     crime is also due to the fact that the          and user-friendliness of cargo tracking
     distribution network is changing. In the uS,    facilities offered by large forwarders and
     for example, many of the high-value goods       transport providers also represents a new
     that enter the country come in via Mexico       potential security threat to shippers of
     where criminal gangs are much more active.      valuable or high-target goods.

                                                     The industry has become much better at
     Is your product in demand?
                                                     securing container shipping information from
     An example of how organized the criminal
                                                     the days when terminals would post
     gangs now are, and how they steal to order,
                                                     information about the shipper and container
     was highlighted during an analysis of a
                                                     number for all to see. There is, however, still
     customer’s loss portfolio. The customer had
                                                     enough criminal reconnaissance conducted
     seen the number of thefts of one of its
                                                     by gangs that allows them to literally ‘shop’
     products, a mobile phone, fall significantly,
                                                     for what they want to steal. This is a problem
     to virtually none in the previous 12 months.
                                                     as much in northern europe and the uS as it
                                                     is in Mexico, Argentina or Brazil.
     The reason was not an improvement in
     security or re-routing – it turned out that     It is clearly important for companies to assess
     no-one wanted their outdated product as it      the security around their own website, or the
     had been replaced by demand for newer           website that they are using to track their
     technology in the form of their competitor’s    cargo. This should, however, only be one
     smart phones. That customer was preparing to    part of an overall integrated network of
     launch a smart phone of their own, and Zurich   security and loss prevention measures.




12
insights 11
                                                                                                                                    insights 11
Vulnerabilities: The final leg of                                                   Claim protocols
the journey                                                                         Claim protocols are documents issued
The majority of cargo theft or accidental                                           after the inception of a marine policy that
damage losses occur during the final two or                                         establish the people and process involved
three days of the transportation, rather than                                       in mitigating a loss after it occurs. It is
at sea. When cargo is onboard a ship it is                                          vital to have them in place for the
easier to protect, but after it has been                                            following reasons:
unloaded at the port, and the final
                                                                                    • Claim protocols identify all personnel
distribution by road or rail begins, it becomes
                                                                                      from the insured, insurer and the
much more vulnerable. Of course, there can
                                                                                      producer who should be involved in the
be damage to cargo at sea, or there can be
                                                                                      loss, and the process by which the claim
a vessel casualty, but once it gets onto the
                                                                                      will move from first notice of loss
roads or rail, the cargo is more susceptible to
                                                                                      through settlement and recovery.
loss and / or damage from theft or damage
incidents during transportation.
                                                   Customer checklist:              • They allow the insured and the insurer
                                                   Helping protect cargo on           to discuss potential claim situations
Infrastructure deficiencies                        the road                           before they arise and determine how
The nature of the infrastructure in some           • Ensure that secure parking       they will be handled and who will be
territories is a major concern when it comes         is used where available.         notified. In this way, when a loss occurs,
to inland transit. Inland transit in Mexico,                                          everyone involved is familiar with the
                                                   • Install tracking devices and     process and can quickly react to mitigate
China and especially India can sometimes be
                                                     have a plan to intervene,        the loss.
problematic, particularly away from ports
                                                     if necessary.
and large cities. In some territories, the
                                                                                    • Claim protocols also serve as an outline
quality of warehousing is poor, secure             • Improve container security.      for the insurer’s global team to recognize,
parking for trucks is non-existent, road
                                                   • Secure online cargo              and appropriately respond to, the losses
quality is inferior, intermediate storage
                                                     tracking facilities.             of an insured that might occur in another
conditions are weak and there can be
                                                                                      country or region of the world.
banditry in remote areas.                          • Check routes in advance
                                                     and identify alternatives.
In India, the infrastructure is not up to speed,
and the quality of roads, bridges and tunnels      • Train employees in handling
                                                                                    The majority of cargo theft or
is questionable. China is investing heavily in       and packing of cargo.          accidental damage losses occur
infrastructure, so improvements away from
                                                   • Know your logistics provider   during the final two or three
large ports and in the south of the country
will help the transportation of cargo as
                                                     and review freight contracts   days of the transportation,
                                                     regularly.                     rather than at sea.
growth continues.




                                                                                                                                    13
Declaring
     general	average
     General average
     General average is a global maritime industry loss mitigation convention whereby ship owners and cargo interests
     proportionately contribute to fully reimburse those in the venture who sustained loss or damage in preventing
     the total loss of a vessel, crew and its cargo. undamaged interests must confirm their contribution by way of a
     financial guarantee before their cargo or interest is released while their final contribution is calculated,
     Sometimes years later.

     General average losses require the coordination of both local and global marine claim professionals. Marine
     claim experts locally must manage the loss and interact with local authorities while global resources
     assist in arranging the financial guarantee security and communicating with the various interests
     involved in the venture.

     Increase in general averages
     A noticeable trend at the moment is the declaration of many more general average claims.
     The majority of these events are the result of engine failures and mechanical breakdown of
     the vessel. This is, in part, directly attributable to the lay-up of the world fleet during the
     economic downturn.

     Of course, this depends on the carrier, and some are much better at maintaining their
     fleets than others. But the laying-up of the world fleet has been a big contributor to
     the number of general averages that have exploded onto the marine cargo market in
     the last two years, in comparison to the number of general averages that were
     declared in the previous five-to-seven years. General average was more rare in the
     mid-2000s, because with robust freight rates it made more sense to keep the vessels
     running and properly maintained.

     However, when they are laid up, vessels are often poorly maintained, or not maintained
     at all. When the economy starts to recover, these vessels are brought back into service
     without any major refits or significant maintenance having been carried out, resulting
     in an increase in breakdowns and fires.




14
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                                                                                                    insights 11
CaSe	   Where	
STuDy   is	my	cargo?	A common problem can be securing the timely
        release of cargo, especially where the goods are perishable. A classic scenario would be
        an insured purchasing an entire ship load of perishable goods. During departure, the
        vessel is grounded by heavy weather. The insured would be notified that their cargo
        had been delayed by the event and would not be delivered on schedule. In order to
        have their cargo released for delivery to the final destination on board on another
        vessel, they would have to agree to pay significant additional money to the vessel
        owners for their contribution toward the damage sustained in the incident to the vessel
        and cargo under General Average.

        General Average Guarantee
        In such a situation, Zurich marine claims teams would co-ordinate their activity in its
        various offices worldwide to engage the vessel owners, and agree to post a General
        Average guarantee for the sum required to allow the goods to be released. Zurich’s
        claims teams could assist in arranging for the trans-shipment of the cargo from the
        damaged vessel to a new vessel.

        The cargo could be delivered with no damage sustained. The goods could then
        subsequently be sold in the local market and the insured would be able to continue
        conducting business with no out-of-pocket expenses. The insured would see minimal
        disruption to their operations and would have met their obligations to their customers.




        Global experience
        In such a case, little could have been done to avoid the situation and in the end, there
        may be no damage sustained to the insured cargo. By selecting a global insurer with
        local marine claim expertise, the financial obligations of the insured can be met and the
        cargo delivered, with Zurich managing the claim to the advantage of both companies.




                                                                                                    15
Salvage                                                     	–	posting	security
     Salvage guarantees
     Salvage security posted by cargo owners is driven by an
     arbitration board in London under the Lloyd’s open form
     salvage contract. In that arbitration process, only certain
     underwriters’ guarantees are recognized, primarily
     underwriters in London with strong financials. A local insurer
     in Malaysia might have difficulty being able to post its own
     security, and may have to buy a bond or other financial
     instrument to post security for salvage, which would be
     charged back, and become part of the cargo claim.

     Recognized guarantees mean
     fewer delays
     The financial security and salvage guarantees issued by
     multinational insurers are recognized by the salvage arbitration
     group in London directly. It can be issued quickly, is accepted
     immediately, and the cargo can be released much faster for
     delivery on to its final destination. until an acceptable
     guarantee is posted, whether it is for general average or for
     salvage security, the cargo will not be released. A centralized
     global process for the review and vetting of salvage security
     affords insureds the opportunity to have guarantees issued
     promptly on their behalf for the quick release of their cargo.




        indirect costs for customers due to delays in the release of cargo
        • Cancellation of the customer’s contract or purchase order for failure to meet the delivery schedule.

        • Cancellation of future orders from the customer and adverse selection to an alternative supplier resulting in future
          revenue declines.

        • Cancellation or reduction in orders from other customers arising from industry knowledge of the delays experienced.

        • Interruption of the manufacturing flow to replace the goods if there is an extended delay.



16
insights 11
CaSe	
STuDy


There’s	a	hole	                                                Risk mitigation
in	my	container!	
                                                               Such a problem can be avoided by a simple loss
                                                               prevention measure. Having a container inspection
                                                               program put in place by the supplier, the hole in the
Another example of the sort of problems encountered
                                                               container could be identified before the container is
by insureds concerns issues with containers and
                                                               loaded with the cargo for shipment to europe, and
packaging. A typical scenario could involve retail industry.
                                                               the entire loss could be avoided.
A line of clothing that is manufactured in Asia needs to
be shipped directly to a european buyer just in time for       Inspection programs of containers and packaging is
its seasonal release.                                          a simple yet vital risk mitigation measure that may
                                                               remove or reduce potentially devastating, and yet
However, it would only take a fresh water leak from a
                                                               avoidable, losses.
hole in one of the sea containers carrying a part of the
shipment of clothing during the course of transit, to
                                                               The solution
cause a humidity condition within the container. While
                                                               In such a situation, the Zurich Marine claims team,
the clothing would not directly be damaged by the
                                                               in conjunction with local appointed experts, would
water, the moisture would allow a mildew odor to affect
                                                               implement an action plan that utilized a cutting edge
that part of the shipment.
                                                               ozone treatment process to eliminate the mildew odor
                                                               and recondition the clothing, making it once again
Shipment rendered un-saleable
                                                               saleable by the european buyer or distributor.
When delivered to the distribution centre, the clothes,
while physically undamaged, would have a smell that            This solution would not only have reclaimed the affected
would deter any would-be buyer, also affecting the other       clothing, but also prevented a larger issue for the
clothes on the store shelves. It might be that not all the     insured. The entire order could have been cancelled due
clothes would be affected, perhaps only particular sizes,      to damage to a portion of it, and may have jeopardized
but the clothes would be rendered un-saleable. The             the overall relationship between the designer and retailer
result would be that the entire clothing line, and its         had the clothing line not been available for sale at the
launch, could be threatened.                                   outset of the new season.




                                                                                                                            17
Obligations in	
     international
     trade




18
insights 11
Since 1936, the International Chamber of Commerce (ICC) in Paris has published the
Incoterms® or an international, uniform regulation of essential buyer and seller obligations.
They are used in offers, contracts, order confirmations, orders, conditions of purchase and
sale, and Letters of Credit.

until recently, the latest version of the terms   Incoterms 2010                                    It is also important to remember that the
was from 2000. However, a new version has         As a result of the new Incoterms, customers       Incoterms do not regulate:
been released, as of january 1, 2011, known       should be aware that:
                                                                                                    • transfer of ownership, notification
as Incoterms 2010.
                                                  • the Incoterms must be explicitly agreed           of defects
                                                    upon between buyer and seller with
What are Incoterms?                                                                                 • inability to deliver
                                                    reference to Incoterms 2010
The Incoterms are delivery terms for the
                                                                                                    • handling of payments
national and international merchandise trade.     • they may not contradict themselves in
                                                    the purchase contract                           • legal venue
They are obligations of a national and
international purchase contract between           • they can now also be used for                   • and applicable law.
buyer and seller and, amongst other things,         domestic business
                                                                                                    The Incoterms are neither common law nor
clarify the questions:
                                                  • the destination location, destination port      commercial usage.
• Who pays the transport cost to where?             and destination terminal must be specified
                                                    more precisely than in Incoterms 2000.
• Where is the risk transfer, i.e. who                                                                For more information
  assumes the risk, and when, in the event        The ICC stresses that all contracts made            on incoterms 2010 visit:
  of damage or loss?                              under Incoterms 2000 remain valid after             http://www.iccwbo.org/incoterms
                                                  2011. The ICC says that it recommends using
• Who must take out transport insurance
                                                  Incoterms 2010 after 2011, but parties to a
  to where?
                                                  contract for the sale of goods can agree to
• Who is responsible for export and               choose any version of the Incoterms rules
  import clearance?                               after 2011. However, it is important to clearly
                                                  specify the chosen version.




                                                                                                                                                19
Transport	your	goods	
     safely,	on	time	and	    Cargo handling has always been an

     without	losses          issue, but in recent years it has
                             become a major concern. It is easy
                             to see why – according to research
                             by the Swiss Federal Institute of
                             Technology*, a third of all deliveries
                             are damaged or delayed.


                             And it is estimated by the International union
                             of Marine Insurance (IuMI) that 60% of marine
                             claims losses during transit are caused by
                             inappropriate handling, packaging and/or
                             securing of goods.*

                             Frequency losses from
                             rough handling
                             Zurich became aware that something needed to
                             be done about the issue of correct handling of
                             goods in transit as a result of its work with a
                             major customer a couple of years ago.

                             In the course of a claims analysis study, Zurich
                             discovered that the main problem was not major
                             damage to cargo but more a question of
                             frequency losses. And the majority of these losses




20
insights 11
                                                              ZuRICH CARGO risk aCaDemY

were caused by rough or inappropriate handling,               The solution: an e-learning platform / blended learning
problems with packaging and securing of goods, wrong          Zurich’s answer is to launch the Zurich Cargo Risk Academy,** a simple online
handling of commodities, or the wrong choice of               tool offering employees training on cargo handling, organized into different
container. Although the average loss was only around          modules. For example, there is a module on handling dangerous goods,
uSD 22,000, frequency was the problem.                        another on packaging, as well as international trade regulations and terms.
                                                              Zurich customers can benefit from these complimentary courses, which are
Lack of training                                              accessible anywhere in the world.
Further analysis revealed that many of the workers
                                                               Where more detailed or specialized knowledge is required, a blended
lacked basic knowledge about the correct handling of
                                                               learning system is being developed which also involves face-to-face training.
goods and had very little or no training. Zurich found
that in the transport sector generally there was very         The training focuses on:
little attention paid to training and tuition of employees.
                                                              • employee and asset protection
Training opportunities in the open market were either
unavailable, unsatisfactory or too expensive.                 • compliance with legal and regulatory requirements

Zurich saw that the training issue needed to be addressed     • how to reduce frequency losses
and created a multi-lingual tool for Zurich customers to
                                                              • how to maintain business continuity
provide online training on correct cargo handling, from
choosing the right packaging and the right container to       • how to manage costs of risks
loss prevention advice for cargo handlers.
                                                              • balance sheet protection

An industry problem                                           • sharing of knowledge and best practice.
It soon became clear when Zurich looked at other
                                                              Overall, the Zurich Cargo Risk Academy aims to help global corporations
customers that rough handling was a major problem for
                                                              reduce their frequency losses in this area, and to comply with their duty of
the sector as a whole, largely driven by cost factors and
                                                              employee education in a cost-effective, geographically independent way.
a lack of training options. Zurich saw an opportunity to
help customers by providing a global tool to share best       To	learn	more	about	the	Zurich	Cargo	Risk	academy	visit	
practices in cargo handling.                                  www.zurichcargoriskacademy.com

                                                              *Swiss Federal Institute of Technology Zurich, university of St. Gallen, 2010.
                                                              **Planned launch in selected european countries is August 1, 2011.




                                                                                                                                               21
ensuring	safety	in	the	
                         rs
            kaging	of	containe
         pac

                                                                               Points of consensus
                                                                              The Forum adopted a set of ‘Poi
                                                                                                              nts of Consensus’,
                                                                              which included the following:
     earlier this year, 83 government, employer and
                                                                              • Many accidents and problem
                                                                                                              s in the transpor t sector
     worker representatives met at the Global Dialogue                          are attributed to poor prac tice
                                                                                                                 s in relation to
     Forum on Safety in the Supply Chain in Relation                            packing of containers, including
                                                                                                                    overloading or
     to Packing of Containers2, organized by the                                misdeclaration of contents.

     International Labour Organization.                                       • Lack of training and knowle
                                                                                                              dge of available
                                                                                standards is a significant reason
                                                                                                                  amongst others
     The purpose of the Forum is ‘to reach a better understanding of the        for poor prac tices in the packing
                                                                                                                   of containers.
     reasons that lead to the application of poor practices in packing of
                                                                             • Inadequate dissemination of
     containers that result in industrial accidents as well as to reach                                     existing standards and
                                                                               guidance, and lack of awarene
     consensus on a common approach throughout the supply chain                                               ss of this information,
                                                                               not only among workers and thei
     for the correct application and enforcement of the appropriate                                               r employers, but
                                                                               other stakeholders and authorit
     standards for packing containers.’                                                                         ies, such as police,
                                                                               occupational safety and health
                                                                                                               (OSH) inspectors, OSH
                                                                               doc tors, etc.

                                                                             • In many cases, there is a lack
                                                                                                              of development of
                                                                               appropriate plans for the consolid
                                                                                                                   ation, distribution,
                                                                               segregation and securing of carg
                                                                                                                  o in containers.
     6 http://www.ilo.org/public/english/dialogue/sector/techmeet/gdfpc11/

     gdfpc-consensus.pdf




22
insights 11
  • Suitable risk assessments are
                                  not always carried                 • Awareness of and training on
    out in the supply chain so that                                                                 consistent
                                    the levels of risks                standards for the whole supply
    would be identified, and particula                                                                chain
                                       r problems                      are necessar y.
    would be targeted.
                                                                     • It is important to ensure that
  • Those responsible for packing                                                                     training is more
                                  containers are not                   focused and simple.
    reached by the existing guidance
                                     on good prac tices
    for packing containers.                                    • Once the code of prac tice ema
                                                                                                            nating from
  • There is a need for a system                                   the revised IMO –ILO –UNECE guid
                                    for the inspection of                                                       elines for
                                                                   packing CTUs is adopted, it will
      containers for proper packing                                                                           be important
                                      at the point of origin.      to ensure it is followed up with
                                                                                                              user-friendly
 • Misdeclaration and the lack                                     publications (training material,
                                   of adequate                                                               tool kits, etc.)
     information on container content                              and that the code, and the acco
                                          s and weight.                                                       mpanying
 • Different consignments are                                      publications, are made free and
                                  packed in the same                                                           easily
                                                                  accessible and are widely dissemi
     container and unpacked without                                                                            nated.
                                         the appropriate
    planning and coordination.                                • There is a need to improve
                                                                                                       the collection
• It is agreed that safety in the                                 and publication of data on acci
                                    supply chain can                                                       dents related
                                                                  to the improper packing of con
    be improved by implementing                                                                             tainers. In this
                                     good prac tice              regard, consideration should be
    through international standard                                                                            given to
                                      s on the packing           reviewing the standard classifi
    of containers.                                                                                        cation of
                                                                 accidents in order to identify road
                                                                                                                and
• It is agreed that an IMO –ILO                                  other accidents that are related
                                  –UNECE* code of                                                            to improper
   prac tice on the packing of carg                              packing of containers.
                                     o transpor t units
   (CTUs) is necessar y. The three orga
                                         nizations are
   requested to proceed with the
                                     revision of the            *International Maritime organizatio
   existing guidelines for packing                                                                  n (IMO)
                                     of CTUs which               International Labour Organization
                                                                                                    (ILO)
   would form the code of prac tice.                             united nations economic Commissi
                                                                                                     on for europe (uneCe)




                                                                                                                                23
Risk	engineering:	
     greater	peace	of	mind
         Everyone knows that prevention is better
         than cure, or indeed, that risk mitigation
         is better than having a claim.




24
insights 11
But this is even more true in a world where         Re-routing to avoid delay
just-in-time delivery and time-sensitive            For example, a Zurich customer required information
projects have dramatically increased the            about the transport of automotive products to
cost of business interruption or delay. In a        Russia. With just-in-time processes, any delay would
time of cost-cutting and belt-tightening,           have been very expensive for the company. Risk
risk engineering can often be seen as an            engineers were able to offer four alternative routes,
additional expense, but the value of reducing       with a risk grading for each route, allowing the
losses and interruptions can far outweigh           client to balance the various alternatives with the
the cost.                                           customer’s transport cost estimates.

now is the time for
risk engineering
It can be argued that a period of economic             Customer risk engineering checklist
downturn is exactly the time that companies            Has a risk analysis been carried out?
should be investing in loss mitigation. In
                                                       Where are losses occurring?
difficult times, companies simply cannot
afford losses and the delays they can entail,          Why are losses occurring?
and when margins are tight, they may not               Is the bigger picture being looked at, especially with
have the financial strength to cope with               regard to supply chain interruption? Have interdependencies
losses and lost customers. Risk prioritization         been mapped?
is essential in order to optimize the value
                                                       Is there a mitigation plan in place?
from the risk management budget.
                                                       Is the mitigation plan being effectively communicated to
Risk engineering can be particularly
                                                       all employees?
important for companies that are starting
to expand and to export their products.                Is there regular monitoring of the effectiveness of loss
As companies enter new markets, such as                prevention measures?
Brazil, Russia, India and China, it is vital that      Is the data relating to loss prevention being collected?
they have access to as much information as
                                                       Is there an effective system of risk reporting?
possible beforehand so they are aware of
the risks they may face.                               Are costs of risks and cost benefit analyses being
                                                       carried out?
                                                       Is the human element being taken into account?
...the value of reducing
                                                       Is there a global risk management program in place,
losses and interruptions can                           including an effective multinational insurance program?
far outweigh the cost...
                                                                                                                      >



                                                                                                                     25
Loss trends and patterns                       Case	study:	Water	damage	to	goods
>
     Claims professionals see the loss trends and   An insured had a loss trend of water damage to their products originating out
     developments:                                  of Indonesia. The trend was identified by the marine claims adjuster who handled
     • How thefts are being carried out.            the losses as they were discovered upon delivery of the product in the uS.
                                                    The underwriter was advised of the loss trend, and contacted the marine risk
     • Which transportation routes are              engineering department who then arranged for an inspection of cargo loading
       higher risk.                                 and shipping procedures at the insured’s supplier in Indonesia.
     • Which transportation companies               The risk engineer determined that the supplier did not conduct an inspection
       are security minded.                         of the containers when they were received for the loading of the insured’s
     • Which companies have a higher                cargo. Such an inspection would have identified deficiencies in the container.
       theft incident record.                       By implementing a container quality check before loading the insured’s goods
                                                    for transit to the uS, future similar losses could be prevented or reduced.

                                                    Further, the claims and underwriting team were able to advise the insured on
                                                    improving its freight contracts with the carrier and increasing the carrier’s liability
                                                    if damage occurred to the insured’s cargo as a result of the carrier’s negligence.




     This information on local loss development
     patterns can be collected and passed to the
     risk engineering teams who can then share
     them with customers to help develop
     economically viable, tailor-made solutions.

     These might include:

     • alternative transportation providers
       or routes

     • the implementation of dedicated routing

     • the use of pre-planned and secure
       rest stops.



26
insights 11
Common-sense loss prevention                        damage to the clothing. Human error is a
There are many areas where risk engineering         major loss factor that can be mitigated
can make a difference, including security,          through proper training and monitoring.
employee training, routing options, packing
improvements and cargo handling. Some risk          The human element
engineering measures can be simple and              It is important to remember that the human
inexpensive, but can make a huge difference.        element is crucial to risk engineering systems
And while some may be technical or                  and devices are useful, but it is often the
innovative, others may be more about                human element that can have the biggest
common sense.                                       impact on mitigating risk. Training is
                                                    invaluable for increasing employee
A claim paid by Zurich involved a turbine
                                                    awareness, so that they become involved
being transported from Berne, Switzerland to
                                                    and part of the solution.
Chicago, Illinois. The first part of the trip was
managed with the help of a special flat-bed         Risk engineering is not just about preventing
trailer. However, the route had not been            and mitigating losses and reducing potential
checked before the shipment, and at the             disruptions to operations, but is increasingly
entrance to a tunnel, the driver of the             about providing the correct risk analysis
4.20 meter high rig failed to notice the            methods. These can then enable the
sign saying the maximum vehicle height is           understanding and reduction of the total
3.80 meters. needless to say, the turbine           cost of risk, as well as prioritizing risk
was heavily damaged as the truck crashed            improvements and enabling informed
into the tunnel. Checking routes is an              decisions around optimizing future capital
essential and basic part of loss mitigation.        expenditures and tracking and measuring
                                                    risk improvements.
A claim paid by Zurich involved a shipment
of clothing that was on its way by road
from Rotterdam, netherlands, to Zurich,
Switzerland. A storm broke out with                 ...systems and devices are useful,
torrential rain, and because the truck driver
                                                    but it is often the human
had forgotten to properly tie down the
tarpaulin, the cardboard boxes were soaked
                                                    element that can have the
by rain and road spray, causing water               biggest impact on mitigating risk.




                                                                                                     27
Projects:	
                            the	way	ahead
     infrastructure projects are beginning     Infrastructure projects are becoming attractive again to
     to see growth again after a quiet         investors as people look to get some sort of return for
                                               their money, with the recent focus on power plants and
     period. From the middle of last year,     refineries, both oil and chemical.
     there has been a noticeable increase in
                                               The project challenge:
     such projects, especially in the Middle   On time and on schedule
     east, north Africa, the uS and Asia.      The big challenge associated with large-scale infrastructure,
                                               power plant and industrial projects is bringing assets online
                                               and on schedule, and so the management of the marine
                                               and transit risks becomes crucial. Moving oversize,
                                               expensive, ‘one off’ or bespoke shipments into extremely
                                               complex settings, markets and jurisdictions is a challenge.
                                               It is even more of a challenge to ensure that this is done
                                               on schedule.


28
insights 11
                                                                                                                                           insights 11
                                                                                                    Moving oversize,
                                                                                                    expensive, ‘one off’ or
                                                                                                    bespoke shipments into
                                                                                                    extremely complex
                                                                                                    settings, markets and
                                                                                                    jurisdictions is a challenge.


Delay in start-up                                For large projects like this, it makes sense to
Many infrastructure projects involve the         have a global insurer involved that can provide
transportation of key components, and any        coverage running across different insurance        The benefits of integrated
delay in their arrival can have major cost       lines, such as DSu, marine and construction.       teams for customers
implications. Insurance plays a key role here,
ensuring that if there is a problem, claims      Integrated teams                                   A single point of contact for
can be resolved quickly and efficiently, thus    The insurer’s job is, of course, to provide risk   the customer.
minimizing delays. Marine Delay in Start-up      transfer, to identify and manage risks, and to     Claims are dealt with quickly and
(DSu) cover, a form of business interruption,    provide global claims services. This requires      efficiently so that supply chains
is increasingly in demand from project           not only an insurer with a global presence,        aren’t interrupted and projects
owners/investors, and is also a requirement      but also one where underwriters, risk              aren’t delayed.
from many lenders where the project relies       engineers and claims specialists all work
on finance.                                      together as an integrated team. Only a             The ability to share information:
                                                 handful of insurers in the marine sector have      claims information is vital for risk
Seamless cover                                   dedicated marine risk engineering personnel        engineering to identify where
Large infrastructure projects often involve      – most of them use surveyors.                      problems lie and how mitigation
a range of insurable risks. There may be a                                                          measures can be best applied.
                                                 Marine underwriting, claims and risk
supply element, a property element, a                                                               Ensure that claims protocols are
                                                 engineering teams cannot operate in isolation
marine transit element, business interruption,                                                      in place from the start.
                                                 and should work closely together as a unit, not
construction all risks cover, and then initial
                                                 separate entities. This can lead to an efficient   Underwriting can reflect the risk
start-up and operation. Increasingly
                                                 workflow and relevant risk improvements.           engineering efforts of the customer.
companies are looking for seamless cover,
                                                 The value of such integrated teams is
providing protection from the earliest stages                                                       Improved policy terms and
                                                 particularly important when the insurance
of the project through completion.                                                                  recovery prospects.
                                                 requirements of a project involve a range of
                                                 risks in different geographic locations.                                                   >



                                                                                                                                           29
the	way	ahead
     Projects:


>
     The Sasol-Huntsman project
     One of the leading chemical maleic anhydride producers in                           Delivering a key component
     europe, sasol-Huntsman, expanded their production capacity in                       The challenge was not only to ensure that
     order to meet growing demand for their products.                                    there was no damage to the reactor, but that
                                                                                         it arrived at the plant on time. The reactor
                                                                                         was a key component and without it the
                                                                                         new capacity would be unable to begin
                                                                                         production, representing a major business
                                                                                         interruption and putting Sasol-Huntsman’s
                                                                                         significant investment at risk.

                                                                                         Considerable risks
                                                                                         The risks were considerable – the loading
                                                                                         and unloading procedures were particularly
                                                                                         critical due to the enormous weight of the
                                                                                         reactor. Risks during the transportation
                                                                                         included possible damage to the reactor, or
                                                                                         even a total loss. Time delays during the trip
                                                                                         would cause the customer to suffer potential
                                                                                         production losses and if the reactor were
                                        A key component was a new chemical               totally destroyed, the production of another
                                        reactor that was manufactured by MAn             reactor would take another two years. Zurich
                                        DWe in Germany, also a Zurich customer.          provided erection All Risk, Marine Transit,
                                        The reactor had been built at MAn DWe’s          and Delay in Start up cover for the project,
                                        factory in Deggendorf, Germany, and was to       as well as risk engineering advice for the
                                        be transported 600 kilometers, by water and      transportation of the reactor.
                                        road, to the Sasol Solvents Site in Moers also
                                        in Germany. The two-week trip was not a          Successful transportation
                                        typical, everyday transportation of goods.       The transportation comprised a 600-kilometer
                                        The reactor had a diameter of nine meters, a     trip via various rivers including the Danube,
                                        height of eight meters, and weighed 570 tons     the Main-Danube Canal, the Main, the Rhine,
                                        – which is equivalent to 350 saloon cars!        and then, after a two-week trip, it was loaded
                                                                                         onto a truck to be taken to the Moers plant
                                        The risks were considerable –                    with a police escort. The reactor arrived safely,
                                        the loading and unloading                        undamaged and on time, and the new
                                                                                         capacity remained on schedule to start
                                        procedures were particularly
                                                                                         production on time.
                                        critical due to the enormous
                                        weight of the reactor.                           See the video and full story on
                                                                                         http://www.zurich.com/globalmarine/

30
insights 11
                                                                 insights 11
    Piracy:	
not	going	
	




away
Despite increased attention from governments,
global organizations and the maritime sector,
piracy continues to be a major problem.
The un Secretary General Ban Ki-moon, spoke earlier this year
at the launch of the World Maritime Day, where the theme for
2011 was: ‘Piracy: Orchestrating the Response’1. Ki-moon said:

“Piracy seems to be outpacing the efforts of the
international community to stem it… Despite the
deployment of significant naval assets to the region,
the number of hijackings and victims has risen
significantly. more needs to be done.”                             >
7http://www.un.org/news/Press/docs/2011/sgsm13386.doc.htm




                                                                 31
>    The nature of the problem
     The statistics reveal the scale of the problem. More people were
     taken hostage at sea in 2010 than in any year on record, according
     to the latest global piracy report from the International Chamber
     of Commerce (ICC) International Maritime Bureau (IMB). Pirates
     captured 1,181 seafarers and killed eight. A total of 53 ships
     were hijacked.

     The number of pirate attacks against ships has risen every year for
     the last four years, the IMB revealed. Ships reported 445 attacks in
     2010, up 10% from 2009. While 188 crew members were taken
     hostage in 2006, 1,050 were taken in 2009 and 1,181 in 2010.

     According to the IMB, hijackings off the coast of Somalia accounted
     for 92% of all ship seizures last year with 49 vessels hijacked and
     1,016 crew members taken hostage. A total of 28 vessels and 638
     hostages were still being held for ransom by Somali pirates as of
     31 December 2010.




32
insights 11
                                                                                                                                         insights 11
                                                                        Of the 18 ships hijacked worldwide in the
                                                                        first three months of the year, 15 were
                                                                        captured off the east coast of Somalia...

                                                                        Somalia – no signs of improvement
                                                                        According to specialist intelligence company exclusive
                                                                        Analysis, there has been no improvement in the number of
                                                                        hijacked vessels being taken by Somali pirates: ‘The shore
                                                                        situation in Somalia has made little difference to the ability
                                                                        of pirates to carry out their work with impunity. The
                                                                        number of ships held has increased dramatically in the last
                                                                        year – they are also being kept for longer before ransoms
                                                                        are paid.’
Piracy hits all-time high
Piracy at sea hit an all-time high in the first three months of 2011,   The company said that the last year has seen attacks
with 142 attacks worldwide, according to the International Chamber      across the whole Somali Basin and Arabian Sea but
of Commerce (ICC) International Maritime Bureau’s (IMB) global          concentrating in the Arabian Sea for the last three months.
piracy report. The increase was driven by a surge in piracy off the     “We expect to see more attacks and hijacks off Tanzania
coast of Somalia, where 97 attacks were recorded in the first quarter   and Kenya in the coming months with some activity into
of 2011, up from 35 in the same period last year.                       the Mozambique Channel,” it adds.

Worldwide in the first quarter of 2011, 18 vessels were hijacked,       Method of attack
344 crew members were taken hostage, and six were kidnapped.            There has been little change in the method of piracy
A further 45 vessels were boarded, and 45 more reported being           attack, using a mother ship as a base and then sending
fired upon. In the first three months of 2011, pirates killed seven     out fast skiffs with five or six pirates armed with AK-47,
crew members and injured 34.                                            rocket propelled grenades and long ladders for scaling the
Of the 18 ships hijacked worldwide in the first three months of the     ship’s side.
year, 15 were captured off the east coast of Somalia, in and around     According to exclusive Analysis, the use of mother ships is
the Arabian Sea and one in the Gulf of Aden. IMB figures showed         not new, but the size and quantity has increased – they
that Somali pirates were holding captive 596 crew members on            give range and sustainability to the pirates for some weeks
28 ships as at the end of March 2011.                                   and the ability to carry many pirates in order to carry out
                                                                        multiple attacks. exclusive Analysis has seen up to 60 on
nine incidents were reported off Malaysia in the first quarter of                                                                         >
2011, with five incidents recorded for nigeria.                         one mother ship.




                                                                                                                                         33
>




     Ships held for longer
     The average length of time that ships are held for has been steadily
     increasing over the last year – around 120 days at the moment, some
     longer, some shorter – depending on the owner’s response to the
     ransom demands, says exclusive Analysis. On the issue of the pirates’
     attitude to cargo, exclusive Analysis says they have seen little
     evidence of cargo being used, looted or transshipped in any
     significant quantities: ‘The bulker, tankers and container vessels
     cannot have their cargo removed. The pirates have no ports or
     capability to do so. normally the cargo will be part of the deal –
     in most instances it can’t be moved anyway, although perishable
     goods will be lost.’

     Defensive measures
     What are the most successful, cost-effective defensive measures that
     can be taken by ship owners to deter attacks? exclusive Analysis lists
     them in order of success:

     • Armed guards

     • A ship that can do more than 20 knots

     • Razor wire

     • An alert crew



34
Zurich Marine Risk Insight 2011
Zurich Marine Risk Insight 2011
Zurich Marine Risk Insight 2011
Zurich Marine Risk Insight 2011
Zurich Marine Risk Insight 2011
Zurich Marine Risk Insight 2011

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Zurich Marine Risk Insight 2011

  • 1. insights marine risk june 2011 Protecting your assets in transit Also in this issue: • World trade: The only way is up • Doing the right thing (compliance) • Learning from claims • Declaring general average • Salvage
  • 2. Contents 03 Welcome 18 Obligations in international trade 03 introduction 20 Transport your goods safely, on time and without losses 04 World trade: the only way is up 22 ensuring safety in the packaging of containers 07 Doing the right thing 24 risk engineering: Greater peace of mind 10 Learning from claims 28 Projects: the way ahead 14 Declaring general average 31 Piracy: not going away 15 Case study 1: where is my cargo? 36 Zurich international research and Development 16 salvage – posting security Centre of shipping and Finance 17 Case study 2: there’s a hole in my container! 38 Contributors 2
  • 3. insights 11 Welcome Introduction Welcome to this edition of insights on Marine. is there light at the end of the tunnel? Are we through the recession? The latest figures from In this insights, we look at how world trade is recovering, the lessons the World Trade Organization (WTO) certainly suggest that can be learned from claims, and the benefits of risk engineering. that things are improving rapidly, with the fastest growth Above all, we look at how you can benefit from integrated teams, with in the volume of exports ever seen since records began. underwriting, claims and risk engineering all working together The WTO believes the longer-term trend will be for more for the benefit of our customers. modest growth, but it is growth nevertheless. We also bring you the latest information on buyer and seller However, it is not all good news. There are many more obligations in international merchandise trade, the moves towards a General Average claims being declared, cargo theft consensus on what needs to be done about the issue of safety in the has increasingly become the domain of large organized packing of containers, the current focus on compliance around the criminal gangs, and piracy remains a potent threat. world, and the latest picture of the Somalian piracy threat. The infrastructure in some developing regions continues Kind regards, to be a concern, and the handling of cargo is a problem in some areas as a result of a lack of training. Lee meyrick, Chief underwriting Officer Marine, Zurich But all of these various concerns are being addressed by industry, insurers and governments, with varying degrees of success. Insurance, of course, has an important role to play, and Zurich is determined to help its customers find solutions, through insurance protection, through risk engineering, and through sharing of best practice. 3
  • 4. World trade: the only way is up It has been a tough two or three years for companies in the import/export business or transportation sector. World trade saw a major dip in 2009 – The united nations Conference on Trade and Development (unCTAD) described it as an unprecedented trade contraction, revealing that merchandise exports dropped about seven times more rapidly than global gross domestic product. 4
  • 5. insights 11 insights 11 • International seaborne trade contracted by 4.5% in 2009 line with forecasts from unCTAD that the shipping and fell below 2007 levels from the all-time high attained industry and seaborne trade are recovering, but it in 20081. will take beyond 2011 to return to 2009 levels.1 • estimates put total seaborne trade during 2009 at Asia: the engine room for world 7.84 billion tons, according to the unCTAD Review.1 trade growth • The World Trade Organization (WTO) said that the global Despite the economic downturn, Asia is still driving economic crisis in 2009 caused a 12.2% contraction in global trade. Asia exhibited the fastest real export the volume of global trade — the largest decline since growth of any region in 2010 with an increase of 23.1%. World War II.2 This was led by China and japan, whose shipments to the rest of the world each rose roughly 28%. • The value of world merchandise exports fell 23% to uSD 12.15 trillion in 2009, while world commercial In 2010, China overtook Germany as the world’s leading services exports declined 13% to uSD 3.31 trillion.2 merchandise exporter, accounting for almost 10% of world exports, and is now second to the uS on the Recovery in 2010 import side, accounting for 8% of world merchandise But there was a good recovery in 2010. According to WTO imports according to WTO figures.2 The growth is figures, the volume of exports in 2010 rose by a record- particularly in infrastructure projects – Indonesia, breaking 14.5% (the fastest growth since records began in Thailand, and China are all ploughing billions of dollars 1950), enabling world trade to recover to its pre-crisis level into their infrastructures – building power stations, but not its long-term trend. Developed economies recorded bridges, and roads. And naturally, it has an impact on export growth of nearly 13% in 2010, compared to a 16.5% cargo transportation. average increase in the rest of the world.3 Announcing the figures in April 2011, the Director-General 1 The UNCTAD Review of Maritime Transport 2010, December 20, 2010: of the WTO, Pascal Lamy, said: “The figures show how http://www.unctad.org/en/docs/rmt2010_en.pdf trade has helped the world escape recession in 2010. 2 WTO News Release March 26, 2010: http://www.wto.org/english/ However, the hangover from the financial crisis is still with news_e/pres10_e/pr598_e.pdf us.” WTO economists forecast that world trade growth 3 WTO News Release April 7, 2011: http://www.wto.org/english/ should settle to a more modest 6.5% expansion in 2011.4 news_e/pres11_e/pr628_e.htm 4 WTO News Release March 14, 2011: http://www.wto.org/english/ Cautious optimism for the future news_e/news11_e/rese_14mar11_e.htm While there is no tangible ‘feel good factor’ in the import/ export trades, since 1 january 2011 we have seen cautious optimism in europe in terms of turnovers – customers are talking about modest increases, but they are still very small and certainly not yet back to the levels pre-crisis. This is in > 5
  • 6. > effects of the downturn The economic downturn has had a major effect on companies in the import/export business or transportation sector, not least the decline in demand for goods which saw trade levels fall globally. But the downturn has also resulted in cost-cutting across the sector. This has impacted crewing levels and quality of crews, and resulted in reduced investment, if any at all, in training, vessel maintenance, logistics quality and risk engineering. As the recovery proceeds, all of these areas will require additional investment to ensure that losses and delays are kept to a minimum. new challenges Despite the temporary impact of the economic downturn, globalization continues apace. More and more companies find Commodities and themselves looking to overseas markets, hi-tech products either to sell their products or to import As well as infrastructure projects, there is goods or commodities. This creates new also a focus on commodities. There are challenges for companies in terms of huge amounts of hard commodities – unfamiliar territories, changes in where iron ore, steel, coal – moving into the the suppliers and markets are, and of Asian region from Australia, India, and course logistics. South America. One of the biggest challenges is ensuring the And then there are a lot of finished efficiency and strength of the supply chain. products being produced by China, Taiwan, Breaks in the supply chain can be costly and Korea and japan and exported outwards, impact on profits. There is a much greater such as hi-tech products like smart phones, risk of this where global trade results in an portable media players and 3D TVs. The extended supply chain. As a result, active entire Asian region is continuing to see supply chain management is increasingly high levels of trade, both import and necessary to ensure that weak spots are export: the raw materials being imported identified, alternatives prepared, and and the finished products being exported. business interruptions minimized. 6
  • 7. insights 11 Doing the right thing Companies that trade internationally face Regulatory restrictions many challenges, not least of which is the Many countries around the globe have some form of regulatory restrictions, which are designed to protect the issue of insurance protection. local market. These include: • local policy taxes (admitted insurance) Globalization and the steady growth in world trade have • restrictions on non-admitted insurance meant a growing demand for global insurance programs, and in particular for marine insurance. At the same time, the • compulsory insurances economic downturn has resulted in a fundamental change • reinsurance restrictions in the area of compliance, and this has had a major effect on the purchasing of marine insurance. • exchange controls • national pools. > 7
  • 8. > A report last year, “G-20 existing regulations are being strictly Greater protectionism Protection in the Wake of enforced more than ever before as countries It is all part of a wider move towards greater face increasing fiscal pressure. protectionism around the world. A report the Great Recession, last year, “G-20 Protection in the Wake of ”commissioned by the The aim is simple: to keep premiums within the Great Recession,” 5 commissioned by the the country, and to raise revenue by taxing International Chamber of those premiums. As a result of the downturn, International Chamber of Commerce’s (ICC) Research Foundation found that all G-20 Commerce’s (ICC) Research many countries are looking to have their own countries have implemented protectionist Foundation found that all internal insurance industries, even if it is just trade measures over the last two years. for tax revenue purposes, and this is driving G-20 countries have a lot of the regulatory issues. By September 2009, the G-20 were implemented protectionist responsible for 172 such measures being trade measures over the Consumer protection laws implemented, with hundreds more in the last two years. Increases in consumer protection laws have pipeline. The report said that “the sweep been driving the need for locally admitted of protectionist policies in the wake of policies. Countries are increasingly looking to the Great Recession is alarming.” protect consumers in their territory by only allowing insurance with insurers that are ensuring compliance regulated by the country. Governments For the trade and shipping sectors, alignment want to ensure that there is recourse to with insurance regulations is becoming a a local insurer in the event of something crucial factor. This is not only because there going wrong. may be problems with recovery, or with the ability to have a claim paid to the company use of non-admitted insurance is simply not where it is not locally represented, but also an option in many countries. Countries may because of the issue insist on an admitted insurer for all of fines. This is a topic that affects the insurances or for compulsory insurances. insurer, the broker and the insured, all of There may be compulsory cessions to whom can be hit by fines, which in some national pools related to terrorism, cases can be substantial. environmental insurance or taxation of non- admitted insurance. Therefore, when choosing a carrier, international companies should be increasingly focused on the carriers’ global capability. As companies look to expand into new territories, with new suppliers, or new 5http://www.iccwbo.org/uploadedFiles/ICC/iccrf/G20_ markets, they need to know that they are Protection_in_the_Wake_of_the_Great_Recession.pdf fully compliant. 8
  • 9. insights 11 If these products are damaged in transit, that company is unlikely to have any representatives in Kenya to take care of the problem Local representation Where goods are being stored in a country Take, for example, a uK company in which a company has no representation, Customer checklist: representative who visits a Kenyan trade and where there is inland transit within that Insurance compliance show and sells products, which are later country, from the warehouse distribution Is non-admitted insurance allowed? shipped to Kenya. If these products are to the retailer, it may be vital to have local Are there financial penalties damaged in transit, that company is unlikely policies that will respond in the event of associated with non-admitted to have any representatives in Kenya to take a loss. insurance? care of the problem. Compliance goes beyond just making sure the paperwork Added value What are the local premium taxes? ties up – it is also about coming up with This is why a multinational insurer who can What other taxes may be a bottom end solution when things do provide locally compliant solutions can add applied (excise tax, stamp duty, go wrong. value. Due to their reach, multinational withholding tax)? insurers have qualifications to identify and Marine is one of the few areas where this understand the regulations of a particular What are the compulsory insurances? can happen, where you can have a claim in local jurisdiction, and work within the a territory where you may not have any sort What compulsory cessions are required confines of those regulations as well as of base or representation. Many claimants (national pools, reinsurance, etc)? regional and global sanctions, all within a are outside of the country where the policy centrally controlled overall program. How can premium be fairly allocated is produced, and so global delivery becomes across subsidiaries? a crucial element. Multinational insurers can offer, through their local resources, the ability to conduct Can claims be paid to the With the globalization of trade, there is a the requisite local vetting that is needed for local subsidiary? particular issue for compliance when goods claim-related activities, to ensure compliance go into storage and distribution. with the regulations. 9
  • 10. Learning from claims In an economic downturn, there is typically an increase in the frequency and severity of marine claims. This may be the result of cost-cutting affecting crewing levels and expertise, a lack of regular maintenance, or vessels being laid up for an extended period. 10
  • 11. insights 11 insights 11 Today, with fewer consolidated loads and improved container security, pilferage has largely gone away. For example, doors can be locked in such a way that they cannot be broken into without it being obvious. Additionally, security at ports has increased as a result of the threat of terrorism, so it is now almost impossible to get past the gates without significant security clearance. Cargo theft claims There has been a noteable shift in the area Although largely unrelated to the economic of marine theft claims globally, from low now: Organized criminal gangs Theft is now on a much bigger scale and downturn, theft and hijacking of cargo is an value pilferage claims to an increase in the involves organized crime due to a lucrative increasing problem. There is still a very high hijacking and theft of full container loads. black market. With the expansion of the frequency of the targeting and successful They are fewer in number but much bigger global economy, goods can be ordered easily theft of consumer retail goods, particularly in value. Rather than the uSD 5,000 or uSD and quickly on the internet from anywhere in consumer electronics, pharmaceuticals and 10,000 pilferage claims that Zurich used to the world, with the consumer having no idea high-value commodities that are easily sold see in the 1990s, we are now seeing uSD of the source of those goods and whether on the black market, especially in South-east 500,000 or uSD 1 million theft claims. that source is legitimate. Asia and Latin America. In the past: Pilferage The opportunities created by significant In the uS, perhaps surprisingly, it is food and Cargo security within containers was a values concentrated in a container, as well beverages that are most commonly stolen. challenge in the past. The industry tended to as the lack of traceability and the ease with According to FreightWatch International’s consolidate smaller loads into one container, which goods can be sold in a market where Bi-Annual Cargo Theft Report (july 2010), which meant containers had to be opened it cannot be tracked, has made cargo theft food and beverages (notably meat products, and closed a number of times during the much more attractive. Organized criminal canned beverages and raw products such as transportation process, resulting in high gangs are now sophisticated. Specific goods sugar and coffee) are the most commonly levels of pilferage. Pilferage happened largely can be targeted for theft and stolen or sold stolen cargo products in the uS, accounting in the ports where the stevedores would to order based on the demand of the for 22% of all theft incidents. This is followed help themselves to the goods being shipped. black market. > by electronics, which account for 19%. 11
  • 12. > warned them to prepare for a significant increase in theft. Zurich is working with them now to mitigate this increased exposure. Sophisticated criminals tracking cargo Criminal gangs are stealing containers, attacking warehouses where the products > are stored, and taking products that are in strong demand. The sophistication of these criminal gangs is highlighted by their ability to exploit online freight exchange websites by hacking into those sites and ‘stealing’ the The increase in major hijacking and violent information. Additionally, the ease of access crime is also due to the fact that the and user-friendliness of cargo tracking distribution network is changing. In the uS, facilities offered by large forwarders and for example, many of the high-value goods transport providers also represents a new that enter the country come in via Mexico potential security threat to shippers of where criminal gangs are much more active. valuable or high-target goods. The industry has become much better at Is your product in demand? securing container shipping information from An example of how organized the criminal the days when terminals would post gangs now are, and how they steal to order, information about the shipper and container was highlighted during an analysis of a number for all to see. There is, however, still customer’s loss portfolio. The customer had enough criminal reconnaissance conducted seen the number of thefts of one of its by gangs that allows them to literally ‘shop’ products, a mobile phone, fall significantly, for what they want to steal. This is a problem to virtually none in the previous 12 months. as much in northern europe and the uS as it is in Mexico, Argentina or Brazil. The reason was not an improvement in security or re-routing – it turned out that It is clearly important for companies to assess no-one wanted their outdated product as it the security around their own website, or the had been replaced by demand for newer website that they are using to track their technology in the form of their competitor’s cargo. This should, however, only be one smart phones. That customer was preparing to part of an overall integrated network of launch a smart phone of their own, and Zurich security and loss prevention measures. 12
  • 13. insights 11 insights 11 Vulnerabilities: The final leg of Claim protocols the journey Claim protocols are documents issued The majority of cargo theft or accidental after the inception of a marine policy that damage losses occur during the final two or establish the people and process involved three days of the transportation, rather than in mitigating a loss after it occurs. It is at sea. When cargo is onboard a ship it is vital to have them in place for the easier to protect, but after it has been following reasons: unloaded at the port, and the final • Claim protocols identify all personnel distribution by road or rail begins, it becomes from the insured, insurer and the much more vulnerable. Of course, there can producer who should be involved in the be damage to cargo at sea, or there can be loss, and the process by which the claim a vessel casualty, but once it gets onto the will move from first notice of loss roads or rail, the cargo is more susceptible to through settlement and recovery. loss and / or damage from theft or damage incidents during transportation. Customer checklist: • They allow the insured and the insurer Helping protect cargo on to discuss potential claim situations Infrastructure deficiencies the road before they arise and determine how The nature of the infrastructure in some • Ensure that secure parking they will be handled and who will be territories is a major concern when it comes is used where available. notified. In this way, when a loss occurs, to inland transit. Inland transit in Mexico, everyone involved is familiar with the • Install tracking devices and process and can quickly react to mitigate China and especially India can sometimes be have a plan to intervene, the loss. problematic, particularly away from ports if necessary. and large cities. In some territories, the • Claim protocols also serve as an outline quality of warehousing is poor, secure • Improve container security. for the insurer’s global team to recognize, parking for trucks is non-existent, road • Secure online cargo and appropriately respond to, the losses quality is inferior, intermediate storage tracking facilities. of an insured that might occur in another conditions are weak and there can be country or region of the world. banditry in remote areas. • Check routes in advance and identify alternatives. In India, the infrastructure is not up to speed, and the quality of roads, bridges and tunnels • Train employees in handling The majority of cargo theft or is questionable. China is investing heavily in and packing of cargo. accidental damage losses occur infrastructure, so improvements away from • Know your logistics provider during the final two or three large ports and in the south of the country will help the transportation of cargo as and review freight contracts days of the transportation, regularly. rather than at sea. growth continues. 13
  • 14. Declaring general average General average General average is a global maritime industry loss mitigation convention whereby ship owners and cargo interests proportionately contribute to fully reimburse those in the venture who sustained loss or damage in preventing the total loss of a vessel, crew and its cargo. undamaged interests must confirm their contribution by way of a financial guarantee before their cargo or interest is released while their final contribution is calculated, Sometimes years later. General average losses require the coordination of both local and global marine claim professionals. Marine claim experts locally must manage the loss and interact with local authorities while global resources assist in arranging the financial guarantee security and communicating with the various interests involved in the venture. Increase in general averages A noticeable trend at the moment is the declaration of many more general average claims. The majority of these events are the result of engine failures and mechanical breakdown of the vessel. This is, in part, directly attributable to the lay-up of the world fleet during the economic downturn. Of course, this depends on the carrier, and some are much better at maintaining their fleets than others. But the laying-up of the world fleet has been a big contributor to the number of general averages that have exploded onto the marine cargo market in the last two years, in comparison to the number of general averages that were declared in the previous five-to-seven years. General average was more rare in the mid-2000s, because with robust freight rates it made more sense to keep the vessels running and properly maintained. However, when they are laid up, vessels are often poorly maintained, or not maintained at all. When the economy starts to recover, these vessels are brought back into service without any major refits or significant maintenance having been carried out, resulting in an increase in breakdowns and fires. 14
  • 15. insights 11 insights 11 CaSe Where STuDy is my cargo? A common problem can be securing the timely release of cargo, especially where the goods are perishable. A classic scenario would be an insured purchasing an entire ship load of perishable goods. During departure, the vessel is grounded by heavy weather. The insured would be notified that their cargo had been delayed by the event and would not be delivered on schedule. In order to have their cargo released for delivery to the final destination on board on another vessel, they would have to agree to pay significant additional money to the vessel owners for their contribution toward the damage sustained in the incident to the vessel and cargo under General Average. General Average Guarantee In such a situation, Zurich marine claims teams would co-ordinate their activity in its various offices worldwide to engage the vessel owners, and agree to post a General Average guarantee for the sum required to allow the goods to be released. Zurich’s claims teams could assist in arranging for the trans-shipment of the cargo from the damaged vessel to a new vessel. The cargo could be delivered with no damage sustained. The goods could then subsequently be sold in the local market and the insured would be able to continue conducting business with no out-of-pocket expenses. The insured would see minimal disruption to their operations and would have met their obligations to their customers. Global experience In such a case, little could have been done to avoid the situation and in the end, there may be no damage sustained to the insured cargo. By selecting a global insurer with local marine claim expertise, the financial obligations of the insured can be met and the cargo delivered, with Zurich managing the claim to the advantage of both companies. 15
  • 16. Salvage – posting security Salvage guarantees Salvage security posted by cargo owners is driven by an arbitration board in London under the Lloyd’s open form salvage contract. In that arbitration process, only certain underwriters’ guarantees are recognized, primarily underwriters in London with strong financials. A local insurer in Malaysia might have difficulty being able to post its own security, and may have to buy a bond or other financial instrument to post security for salvage, which would be charged back, and become part of the cargo claim. Recognized guarantees mean fewer delays The financial security and salvage guarantees issued by multinational insurers are recognized by the salvage arbitration group in London directly. It can be issued quickly, is accepted immediately, and the cargo can be released much faster for delivery on to its final destination. until an acceptable guarantee is posted, whether it is for general average or for salvage security, the cargo will not be released. A centralized global process for the review and vetting of salvage security affords insureds the opportunity to have guarantees issued promptly on their behalf for the quick release of their cargo. indirect costs for customers due to delays in the release of cargo • Cancellation of the customer’s contract or purchase order for failure to meet the delivery schedule. • Cancellation of future orders from the customer and adverse selection to an alternative supplier resulting in future revenue declines. • Cancellation or reduction in orders from other customers arising from industry knowledge of the delays experienced. • Interruption of the manufacturing flow to replace the goods if there is an extended delay. 16
  • 17. insights 11 CaSe STuDy There’s a hole Risk mitigation in my container! Such a problem can be avoided by a simple loss prevention measure. Having a container inspection program put in place by the supplier, the hole in the Another example of the sort of problems encountered container could be identified before the container is by insureds concerns issues with containers and loaded with the cargo for shipment to europe, and packaging. A typical scenario could involve retail industry. the entire loss could be avoided. A line of clothing that is manufactured in Asia needs to be shipped directly to a european buyer just in time for Inspection programs of containers and packaging is its seasonal release. a simple yet vital risk mitigation measure that may remove or reduce potentially devastating, and yet However, it would only take a fresh water leak from a avoidable, losses. hole in one of the sea containers carrying a part of the shipment of clothing during the course of transit, to The solution cause a humidity condition within the container. While In such a situation, the Zurich Marine claims team, the clothing would not directly be damaged by the in conjunction with local appointed experts, would water, the moisture would allow a mildew odor to affect implement an action plan that utilized a cutting edge that part of the shipment. ozone treatment process to eliminate the mildew odor and recondition the clothing, making it once again Shipment rendered un-saleable saleable by the european buyer or distributor. When delivered to the distribution centre, the clothes, while physically undamaged, would have a smell that This solution would not only have reclaimed the affected would deter any would-be buyer, also affecting the other clothing, but also prevented a larger issue for the clothes on the store shelves. It might be that not all the insured. The entire order could have been cancelled due clothes would be affected, perhaps only particular sizes, to damage to a portion of it, and may have jeopardized but the clothes would be rendered un-saleable. The the overall relationship between the designer and retailer result would be that the entire clothing line, and its had the clothing line not been available for sale at the launch, could be threatened. outset of the new season. 17
  • 18. Obligations in international trade 18
  • 19. insights 11 Since 1936, the International Chamber of Commerce (ICC) in Paris has published the Incoterms® or an international, uniform regulation of essential buyer and seller obligations. They are used in offers, contracts, order confirmations, orders, conditions of purchase and sale, and Letters of Credit. until recently, the latest version of the terms Incoterms 2010 It is also important to remember that the was from 2000. However, a new version has As a result of the new Incoterms, customers Incoterms do not regulate: been released, as of january 1, 2011, known should be aware that: • transfer of ownership, notification as Incoterms 2010. • the Incoterms must be explicitly agreed of defects upon between buyer and seller with What are Incoterms? • inability to deliver reference to Incoterms 2010 The Incoterms are delivery terms for the • handling of payments national and international merchandise trade. • they may not contradict themselves in the purchase contract • legal venue They are obligations of a national and international purchase contract between • they can now also be used for • and applicable law. buyer and seller and, amongst other things, domestic business The Incoterms are neither common law nor clarify the questions: • the destination location, destination port commercial usage. • Who pays the transport cost to where? and destination terminal must be specified more precisely than in Incoterms 2000. • Where is the risk transfer, i.e. who For more information assumes the risk, and when, in the event The ICC stresses that all contracts made on incoterms 2010 visit: of damage or loss? under Incoterms 2000 remain valid after http://www.iccwbo.org/incoterms 2011. The ICC says that it recommends using • Who must take out transport insurance Incoterms 2010 after 2011, but parties to a to where? contract for the sale of goods can agree to • Who is responsible for export and choose any version of the Incoterms rules import clearance? after 2011. However, it is important to clearly specify the chosen version. 19
  • 20. Transport your goods safely, on time and Cargo handling has always been an without losses issue, but in recent years it has become a major concern. It is easy to see why – according to research by the Swiss Federal Institute of Technology*, a third of all deliveries are damaged or delayed. And it is estimated by the International union of Marine Insurance (IuMI) that 60% of marine claims losses during transit are caused by inappropriate handling, packaging and/or securing of goods.* Frequency losses from rough handling Zurich became aware that something needed to be done about the issue of correct handling of goods in transit as a result of its work with a major customer a couple of years ago. In the course of a claims analysis study, Zurich discovered that the main problem was not major damage to cargo but more a question of frequency losses. And the majority of these losses 20
  • 21. insights 11 ZuRICH CARGO risk aCaDemY were caused by rough or inappropriate handling, The solution: an e-learning platform / blended learning problems with packaging and securing of goods, wrong Zurich’s answer is to launch the Zurich Cargo Risk Academy,** a simple online handling of commodities, or the wrong choice of tool offering employees training on cargo handling, organized into different container. Although the average loss was only around modules. For example, there is a module on handling dangerous goods, uSD 22,000, frequency was the problem. another on packaging, as well as international trade regulations and terms. Zurich customers can benefit from these complimentary courses, which are Lack of training accessible anywhere in the world. Further analysis revealed that many of the workers Where more detailed or specialized knowledge is required, a blended lacked basic knowledge about the correct handling of learning system is being developed which also involves face-to-face training. goods and had very little or no training. Zurich found that in the transport sector generally there was very The training focuses on: little attention paid to training and tuition of employees. • employee and asset protection Training opportunities in the open market were either unavailable, unsatisfactory or too expensive. • compliance with legal and regulatory requirements Zurich saw that the training issue needed to be addressed • how to reduce frequency losses and created a multi-lingual tool for Zurich customers to • how to maintain business continuity provide online training on correct cargo handling, from choosing the right packaging and the right container to • how to manage costs of risks loss prevention advice for cargo handlers. • balance sheet protection An industry problem • sharing of knowledge and best practice. It soon became clear when Zurich looked at other Overall, the Zurich Cargo Risk Academy aims to help global corporations customers that rough handling was a major problem for reduce their frequency losses in this area, and to comply with their duty of the sector as a whole, largely driven by cost factors and employee education in a cost-effective, geographically independent way. a lack of training options. Zurich saw an opportunity to help customers by providing a global tool to share best To learn more about the Zurich Cargo Risk academy visit practices in cargo handling. www.zurichcargoriskacademy.com *Swiss Federal Institute of Technology Zurich, university of St. Gallen, 2010. **Planned launch in selected european countries is August 1, 2011. 21
  • 22. ensuring safety in the rs kaging of containe pac Points of consensus The Forum adopted a set of ‘Poi nts of Consensus’, which included the following: earlier this year, 83 government, employer and • Many accidents and problem s in the transpor t sector worker representatives met at the Global Dialogue are attributed to poor prac tice s in relation to Forum on Safety in the Supply Chain in Relation packing of containers, including overloading or to Packing of Containers2, organized by the misdeclaration of contents. International Labour Organization. • Lack of training and knowle dge of available standards is a significant reason amongst others The purpose of the Forum is ‘to reach a better understanding of the for poor prac tices in the packing of containers. reasons that lead to the application of poor practices in packing of • Inadequate dissemination of containers that result in industrial accidents as well as to reach existing standards and guidance, and lack of awarene consensus on a common approach throughout the supply chain ss of this information, not only among workers and thei for the correct application and enforcement of the appropriate r employers, but other stakeholders and authorit standards for packing containers.’ ies, such as police, occupational safety and health (OSH) inspectors, OSH doc tors, etc. • In many cases, there is a lack of development of appropriate plans for the consolid ation, distribution, segregation and securing of carg o in containers. 6 http://www.ilo.org/public/english/dialogue/sector/techmeet/gdfpc11/ gdfpc-consensus.pdf 22
  • 23. insights 11 • Suitable risk assessments are not always carried • Awareness of and training on out in the supply chain so that consistent the levels of risks standards for the whole supply would be identified, and particula chain r problems are necessar y. would be targeted. • It is important to ensure that • Those responsible for packing training is more containers are not focused and simple. reached by the existing guidance on good prac tices for packing containers. • Once the code of prac tice ema nating from • There is a need for a system the revised IMO –ILO –UNECE guid for the inspection of elines for packing CTUs is adopted, it will containers for proper packing be important at the point of origin. to ensure it is followed up with user-friendly • Misdeclaration and the lack publications (training material, of adequate tool kits, etc.) information on container content and that the code, and the acco s and weight. mpanying • Different consignments are publications, are made free and packed in the same easily accessible and are widely dissemi container and unpacked without nated. the appropriate planning and coordination. • There is a need to improve the collection • It is agreed that safety in the and publication of data on acci supply chain can dents related to the improper packing of con be improved by implementing tainers. In this good prac tice regard, consideration should be through international standard given to s on the packing reviewing the standard classifi of containers. cation of accidents in order to identify road and • It is agreed that an IMO –ILO other accidents that are related –UNECE* code of to improper prac tice on the packing of carg packing of containers. o transpor t units (CTUs) is necessar y. The three orga nizations are requested to proceed with the revision of the *International Maritime organizatio existing guidelines for packing n (IMO) of CTUs which International Labour Organization (ILO) would form the code of prac tice. united nations economic Commissi on for europe (uneCe) 23
  • 24. Risk engineering: greater peace of mind Everyone knows that prevention is better than cure, or indeed, that risk mitigation is better than having a claim. 24
  • 25. insights 11 But this is even more true in a world where Re-routing to avoid delay just-in-time delivery and time-sensitive For example, a Zurich customer required information projects have dramatically increased the about the transport of automotive products to cost of business interruption or delay. In a Russia. With just-in-time processes, any delay would time of cost-cutting and belt-tightening, have been very expensive for the company. Risk risk engineering can often be seen as an engineers were able to offer four alternative routes, additional expense, but the value of reducing with a risk grading for each route, allowing the losses and interruptions can far outweigh client to balance the various alternatives with the the cost. customer’s transport cost estimates. now is the time for risk engineering It can be argued that a period of economic Customer risk engineering checklist downturn is exactly the time that companies Has a risk analysis been carried out? should be investing in loss mitigation. In Where are losses occurring? difficult times, companies simply cannot afford losses and the delays they can entail, Why are losses occurring? and when margins are tight, they may not Is the bigger picture being looked at, especially with have the financial strength to cope with regard to supply chain interruption? Have interdependencies losses and lost customers. Risk prioritization been mapped? is essential in order to optimize the value Is there a mitigation plan in place? from the risk management budget. Is the mitigation plan being effectively communicated to Risk engineering can be particularly all employees? important for companies that are starting to expand and to export their products. Is there regular monitoring of the effectiveness of loss As companies enter new markets, such as prevention measures? Brazil, Russia, India and China, it is vital that Is the data relating to loss prevention being collected? they have access to as much information as Is there an effective system of risk reporting? possible beforehand so they are aware of the risks they may face. Are costs of risks and cost benefit analyses being carried out? Is the human element being taken into account? ...the value of reducing Is there a global risk management program in place, losses and interruptions can including an effective multinational insurance program? far outweigh the cost... > 25
  • 26. Loss trends and patterns Case study: Water damage to goods > Claims professionals see the loss trends and An insured had a loss trend of water damage to their products originating out developments: of Indonesia. The trend was identified by the marine claims adjuster who handled • How thefts are being carried out. the losses as they were discovered upon delivery of the product in the uS. The underwriter was advised of the loss trend, and contacted the marine risk • Which transportation routes are engineering department who then arranged for an inspection of cargo loading higher risk. and shipping procedures at the insured’s supplier in Indonesia. • Which transportation companies The risk engineer determined that the supplier did not conduct an inspection are security minded. of the containers when they were received for the loading of the insured’s • Which companies have a higher cargo. Such an inspection would have identified deficiencies in the container. theft incident record. By implementing a container quality check before loading the insured’s goods for transit to the uS, future similar losses could be prevented or reduced. Further, the claims and underwriting team were able to advise the insured on improving its freight contracts with the carrier and increasing the carrier’s liability if damage occurred to the insured’s cargo as a result of the carrier’s negligence. This information on local loss development patterns can be collected and passed to the risk engineering teams who can then share them with customers to help develop economically viable, tailor-made solutions. These might include: • alternative transportation providers or routes • the implementation of dedicated routing • the use of pre-planned and secure rest stops. 26
  • 27. insights 11 Common-sense loss prevention damage to the clothing. Human error is a There are many areas where risk engineering major loss factor that can be mitigated can make a difference, including security, through proper training and monitoring. employee training, routing options, packing improvements and cargo handling. Some risk The human element engineering measures can be simple and It is important to remember that the human inexpensive, but can make a huge difference. element is crucial to risk engineering systems And while some may be technical or and devices are useful, but it is often the innovative, others may be more about human element that can have the biggest common sense. impact on mitigating risk. Training is invaluable for increasing employee A claim paid by Zurich involved a turbine awareness, so that they become involved being transported from Berne, Switzerland to and part of the solution. Chicago, Illinois. The first part of the trip was managed with the help of a special flat-bed Risk engineering is not just about preventing trailer. However, the route had not been and mitigating losses and reducing potential checked before the shipment, and at the disruptions to operations, but is increasingly entrance to a tunnel, the driver of the about providing the correct risk analysis 4.20 meter high rig failed to notice the methods. These can then enable the sign saying the maximum vehicle height is understanding and reduction of the total 3.80 meters. needless to say, the turbine cost of risk, as well as prioritizing risk was heavily damaged as the truck crashed improvements and enabling informed into the tunnel. Checking routes is an decisions around optimizing future capital essential and basic part of loss mitigation. expenditures and tracking and measuring risk improvements. A claim paid by Zurich involved a shipment of clothing that was on its way by road from Rotterdam, netherlands, to Zurich, Switzerland. A storm broke out with ...systems and devices are useful, torrential rain, and because the truck driver but it is often the human had forgotten to properly tie down the tarpaulin, the cardboard boxes were soaked element that can have the by rain and road spray, causing water biggest impact on mitigating risk. 27
  • 28. Projects: the way ahead infrastructure projects are beginning Infrastructure projects are becoming attractive again to to see growth again after a quiet investors as people look to get some sort of return for their money, with the recent focus on power plants and period. From the middle of last year, refineries, both oil and chemical. there has been a noticeable increase in The project challenge: such projects, especially in the Middle On time and on schedule east, north Africa, the uS and Asia. The big challenge associated with large-scale infrastructure, power plant and industrial projects is bringing assets online and on schedule, and so the management of the marine and transit risks becomes crucial. Moving oversize, expensive, ‘one off’ or bespoke shipments into extremely complex settings, markets and jurisdictions is a challenge. It is even more of a challenge to ensure that this is done on schedule. 28
  • 29. insights 11 insights 11 Moving oversize, expensive, ‘one off’ or bespoke shipments into extremely complex settings, markets and jurisdictions is a challenge. Delay in start-up For large projects like this, it makes sense to Many infrastructure projects involve the have a global insurer involved that can provide transportation of key components, and any coverage running across different insurance The benefits of integrated delay in their arrival can have major cost lines, such as DSu, marine and construction. teams for customers implications. Insurance plays a key role here, ensuring that if there is a problem, claims Integrated teams A single point of contact for can be resolved quickly and efficiently, thus The insurer’s job is, of course, to provide risk the customer. minimizing delays. Marine Delay in Start-up transfer, to identify and manage risks, and to Claims are dealt with quickly and (DSu) cover, a form of business interruption, provide global claims services. This requires efficiently so that supply chains is increasingly in demand from project not only an insurer with a global presence, aren’t interrupted and projects owners/investors, and is also a requirement but also one where underwriters, risk aren’t delayed. from many lenders where the project relies engineers and claims specialists all work on finance. together as an integrated team. Only a The ability to share information: handful of insurers in the marine sector have claims information is vital for risk Seamless cover dedicated marine risk engineering personnel engineering to identify where Large infrastructure projects often involve – most of them use surveyors. problems lie and how mitigation a range of insurable risks. There may be a measures can be best applied. Marine underwriting, claims and risk supply element, a property element, a Ensure that claims protocols are engineering teams cannot operate in isolation marine transit element, business interruption, in place from the start. and should work closely together as a unit, not construction all risks cover, and then initial separate entities. This can lead to an efficient Underwriting can reflect the risk start-up and operation. Increasingly workflow and relevant risk improvements. engineering efforts of the customer. companies are looking for seamless cover, The value of such integrated teams is providing protection from the earliest stages Improved policy terms and particularly important when the insurance of the project through completion. recovery prospects. requirements of a project involve a range of risks in different geographic locations. > 29
  • 30. the way ahead Projects: > The Sasol-Huntsman project One of the leading chemical maleic anhydride producers in Delivering a key component europe, sasol-Huntsman, expanded their production capacity in The challenge was not only to ensure that order to meet growing demand for their products. there was no damage to the reactor, but that it arrived at the plant on time. The reactor was a key component and without it the new capacity would be unable to begin production, representing a major business interruption and putting Sasol-Huntsman’s significant investment at risk. Considerable risks The risks were considerable – the loading and unloading procedures were particularly critical due to the enormous weight of the reactor. Risks during the transportation included possible damage to the reactor, or even a total loss. Time delays during the trip would cause the customer to suffer potential production losses and if the reactor were A key component was a new chemical totally destroyed, the production of another reactor that was manufactured by MAn reactor would take another two years. Zurich DWe in Germany, also a Zurich customer. provided erection All Risk, Marine Transit, The reactor had been built at MAn DWe’s and Delay in Start up cover for the project, factory in Deggendorf, Germany, and was to as well as risk engineering advice for the be transported 600 kilometers, by water and transportation of the reactor. road, to the Sasol Solvents Site in Moers also in Germany. The two-week trip was not a Successful transportation typical, everyday transportation of goods. The transportation comprised a 600-kilometer The reactor had a diameter of nine meters, a trip via various rivers including the Danube, height of eight meters, and weighed 570 tons the Main-Danube Canal, the Main, the Rhine, – which is equivalent to 350 saloon cars! and then, after a two-week trip, it was loaded onto a truck to be taken to the Moers plant The risks were considerable – with a police escort. The reactor arrived safely, the loading and unloading undamaged and on time, and the new capacity remained on schedule to start procedures were particularly production on time. critical due to the enormous weight of the reactor. See the video and full story on http://www.zurich.com/globalmarine/ 30
  • 31. insights 11 insights 11 Piracy: not going away Despite increased attention from governments, global organizations and the maritime sector, piracy continues to be a major problem. The un Secretary General Ban Ki-moon, spoke earlier this year at the launch of the World Maritime Day, where the theme for 2011 was: ‘Piracy: Orchestrating the Response’1. Ki-moon said: “Piracy seems to be outpacing the efforts of the international community to stem it… Despite the deployment of significant naval assets to the region, the number of hijackings and victims has risen significantly. more needs to be done.” > 7http://www.un.org/news/Press/docs/2011/sgsm13386.doc.htm 31
  • 32. > The nature of the problem The statistics reveal the scale of the problem. More people were taken hostage at sea in 2010 than in any year on record, according to the latest global piracy report from the International Chamber of Commerce (ICC) International Maritime Bureau (IMB). Pirates captured 1,181 seafarers and killed eight. A total of 53 ships were hijacked. The number of pirate attacks against ships has risen every year for the last four years, the IMB revealed. Ships reported 445 attacks in 2010, up 10% from 2009. While 188 crew members were taken hostage in 2006, 1,050 were taken in 2009 and 1,181 in 2010. According to the IMB, hijackings off the coast of Somalia accounted for 92% of all ship seizures last year with 49 vessels hijacked and 1,016 crew members taken hostage. A total of 28 vessels and 638 hostages were still being held for ransom by Somali pirates as of 31 December 2010. 32
  • 33. insights 11 insights 11 Of the 18 ships hijacked worldwide in the first three months of the year, 15 were captured off the east coast of Somalia... Somalia – no signs of improvement According to specialist intelligence company exclusive Analysis, there has been no improvement in the number of hijacked vessels being taken by Somali pirates: ‘The shore situation in Somalia has made little difference to the ability of pirates to carry out their work with impunity. The number of ships held has increased dramatically in the last year – they are also being kept for longer before ransoms are paid.’ Piracy hits all-time high Piracy at sea hit an all-time high in the first three months of 2011, The company said that the last year has seen attacks with 142 attacks worldwide, according to the International Chamber across the whole Somali Basin and Arabian Sea but of Commerce (ICC) International Maritime Bureau’s (IMB) global concentrating in the Arabian Sea for the last three months. piracy report. The increase was driven by a surge in piracy off the “We expect to see more attacks and hijacks off Tanzania coast of Somalia, where 97 attacks were recorded in the first quarter and Kenya in the coming months with some activity into of 2011, up from 35 in the same period last year. the Mozambique Channel,” it adds. Worldwide in the first quarter of 2011, 18 vessels were hijacked, Method of attack 344 crew members were taken hostage, and six were kidnapped. There has been little change in the method of piracy A further 45 vessels were boarded, and 45 more reported being attack, using a mother ship as a base and then sending fired upon. In the first three months of 2011, pirates killed seven out fast skiffs with five or six pirates armed with AK-47, crew members and injured 34. rocket propelled grenades and long ladders for scaling the Of the 18 ships hijacked worldwide in the first three months of the ship’s side. year, 15 were captured off the east coast of Somalia, in and around According to exclusive Analysis, the use of mother ships is the Arabian Sea and one in the Gulf of Aden. IMB figures showed not new, but the size and quantity has increased – they that Somali pirates were holding captive 596 crew members on give range and sustainability to the pirates for some weeks 28 ships as at the end of March 2011. and the ability to carry many pirates in order to carry out multiple attacks. exclusive Analysis has seen up to 60 on nine incidents were reported off Malaysia in the first quarter of > 2011, with five incidents recorded for nigeria. one mother ship. 33
  • 34. > Ships held for longer The average length of time that ships are held for has been steadily increasing over the last year – around 120 days at the moment, some longer, some shorter – depending on the owner’s response to the ransom demands, says exclusive Analysis. On the issue of the pirates’ attitude to cargo, exclusive Analysis says they have seen little evidence of cargo being used, looted or transshipped in any significant quantities: ‘The bulker, tankers and container vessels cannot have their cargo removed. The pirates have no ports or capability to do so. normally the cargo will be part of the deal – in most instances it can’t be moved anyway, although perishable goods will be lost.’ Defensive measures What are the most successful, cost-effective defensive measures that can be taken by ship owners to deter attacks? exclusive Analysis lists them in order of success: • Armed guards • A ship that can do more than 20 knots • Razor wire • An alert crew 34