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Indian ports declare force majeure

Several major Indian ports, including those operated by Adani Ports, the country’s largest private port operator, have declared force majeure as the country started a three-week lockdown in an attempt to contain the spread of the coronavirus.

India’s shipping ministry has issued a letter allowing ports to consider the coronavirus pandemic as valid grounds for invoking force majeure on port activities and operations. The decision follows the government of India announcing a nationwide lockdown on March 24 and will affect all 1.3bn of its citizens.

Adani Ports has declared force majeure at its facilities in Mundra, Tuna and Dhamra.

“In view of the COVID-19 pandemic, port hereby notifies the force majeure event, wherein port will not be responsible for any claims, damages, charges, etc whatsoever arising out of and /or connected to the above force majeure event, either directly or indirectly, which without any limitation would include vessel demurrages, inter alia due to pre-berthing or any other delays of whatsoever nature and accordingly the discharge rate guaranteed under the agreement shall also not be applicable for all vessels to be handled at port for any delay or disturbance in the port services during the force majeure period,” Adani Ports announced.

Adani Ports added that port services are categorised as essential services and the group is endeavouring to continue port operations with the support of government authorities to protect and secure the supply chain of industries.

Gujarat Maritime Board (GMB), the port operator in the Gujarat state, said in a release that the port has been ordered to remain closed until March 31 and as a result the ports have declared force majeure for all its contracts, deliverables, promises, assurances, events and occurrences.

“GMB will review the present notification of force majeure from time to time and till such time as a written notification of cessation of force majeure is issued, the present intimation shall stand,” GMB said.

The commodity trading activities at Indian ports are expected to be severely disrupted by the force majeure events.

Market intelligence consultancy Argus Media reported that coking coal imports to India have begun to be affected by the coronavirus outbreak as berthing and uploading activities are halted at some major ports including Gangavaram, Mormugao and Kakinada.

According to a Reuters report, Indian LNG importers Petronet LNG, Gujarat State Petroleum, and GAIL have all issued force majeure notices as gas demand slumps. This comes after a similar move by Chinese LNG importers last month.

India is the fourth largest LNG importer in the world, accounting for around 7% of the global LNG imports.

According to Eastport R&S, the nationwide lockdown is expected to hurt India’s palm oil imports with refineries, land transportation, and port operations all impacted. India shipped in over 9m tonnes of palm oil last year, making it the world’s largest importer by a large margin.

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