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Attorney General announces fines to prevent spread of COVID-19

The UAE Attorney General has issued resolution No. (38) of 2020 following Cabinet Decision No. 17 of 2020 regarding the implementation of regulations for spreading communicable diseases. The resolution covers 15 penalties, ranging from AED 500 to AED 50,000, which aim to curb the spread of the novel coronavirus in the UAE.

The Attorney General has clarified that the fine for not wearing medical masks in closed places can only be imposed on patients suffering from chronic diseases and on people who are suffering from symptoms of flu and cold and fail to maintain social distancing while among other people.

The following are the violations and associated fines as issued under the Attorney General’s resolution:

  • Fine for not complying with instructions of home quarantine and/or not following the guidelines under the Home Quarantine Guide– AED 50,000
  • Fine for patients who refuse mandatory hospitalisation or fail to take the prescribed medicines despite being alerted – AED 50,000
  • Fine for violating administrative closure of public places like shopping centres, malls, outdoor markets, gyms, public swimming pools, cinemas, clubs, parks and restaurants – AED 50,000 (Additionally, there is a fine of AED 500 for people caught visiting these public places)
  • Fine for organising social gatherings, meetings and public celebrations – AED 10,000 (Additionally, there is a fine of AED 5,000 for people attending the social gatherings and events)
  • Fine for not conducting a medical test upon request – AED 5,000
  • Fine for violating precautionary measures set by the UAE Ministry of Health and Prevention by people coming from nations affected by communicable diseases – AED 2,000
  • Fine for failure to observe health measures regarding regulation of roads, markets and other public places exempted from temporary closure – AED 3,000
  • Fine for failure to dispose of clothes, luggage or any temporary structures proved to be contaminated, which can’t be disinfected by the standard established methods – AED 3,000
  • Fine for unnecessary visits to hospitals and other health facilities – AED 1,000
  • Fine for exceeding the maximum number of allowed persons in a car (i.e. more than 3 persons in car) – AED 1,000
  • Fine for not wearing medical masks indoors and failure to maintain social distancing by persons suffering from chronic disease or having symptoms of flu and cold – AED 1,000
  • Fine for leaving home unnecessarily and without reason, except for important work or a genuine reason (purchase of essentials, medicines, etc.) – AED 2,000
  • Fine for violating provisions of the law when burying or transporting the body of a person who died from a communicable disease – AED 3,000
  • Fine for drivers failing to maintain hygiene and following sterilisation procedures in public transportation – AED 5,000
  • Fine for failure to take precautionary measures, failure for the crew of ships from the captain or shipping agent, as the case may be – AED 10,000

The National Emergency, Crisis and Disasters Federal Prosecution has been entrusted with the task of implementation of the resolution and may seek assistance from local and public authorities as required.

The penalties shall be doubled in amount for repeat violators and if the violator commits a third offence, he will be referred to the National Emergency, Crisis and Disasters Federal Prosecution for appropriate action. Further, the violator must also bear the costs of any repairs for damages occurring due to the violation.

The resolution is a part of the government’s measures to combat the spread of coronavirus and to protect the health of citizens and residents of the UAE by curbing unnecessary gathering and outings.

Pinsent Masons announces 2020 partner promotions

Multinational law firm Pinsent Masons has announced 17 new partners in its 2020 promotion round as it promotes outside of traditional legal services for the first time.

Hayley Boxall has been made partner in Forensic Accounting Services while director of Client Solutions David Halliwell has also been promoted to partner as the firm strengthens its capabilities as a professional services business with law at its core.

The remaining 15 new partners are from the firm’s five core global sectors; Energy, Financial Services, Infrastructure, Real Estate and Advanced Manufacturing & Technology.

The promotions, which take effect on 1 May, bring the total number of partners to 474 with female representation across the partnership reaching approximately 28%. This year, almost half of those promoted are women signalling the firm’s continued progress towards a position where promotions demographics reflect the pool from which candidates are drawn.

Richard Foley, senior partner at Pinsent Masons, says: “We are incredibly proud of the talent, skill and dedication of all of our people. As we all take stock and adjust to the challenges we face prompted by COVID-19, it’s heartening to have some positive news that helps us look to the future. Those promoted strengthen our position as a leading sector-focused, multinational legal services provider and mark an important step in our transition to become a professional services business with law at its core.

“The firm’s commitment to provide its clients with innovative, solutions-based legal services is the touchstone of our business. Now, more than ever, developing talent that supports this is critical as our clients grapple with the challenges posed by coronavirus.”

Pinsent Masons was one of the first law firms to establish an in-house forensic accounting team, offering clients a multi-disciplinary approach to disputes, consultancy services and investigations.

As the partner leading Client Solutions, David Halliwell works with a wide range of professionals across the firm to help clients transform the way they deliver legal services to their businesses, both through the firm’s existing portfolio of process, resourcing and technology solutions and through collaboration to create new ones.

The full list of those promoted to partner is as follows:

  • Dawn Allen (Financial Services, UK)
  • Simone Alphonse (Energy, Infrastructure, Australia)
  • Catherine Bendeich (Energy, Infrastructure, Australia)
  • Hayley Boxall (Forensic and Accounting Services, UK)
  • Matthew Brewer (Financial Services, UK)
  • Andrew Brydon (AMT, Infrastructure, UK)
  • Oliver Crowley (Financial Services, UK)
  • David Halliwell (Client Solutions, UK)
  • Karah Howard (Energy, Infrastructure, Hong Kong)
  • Gemma Kaplan (Financial Services, UK)
  • David Lancaster (Advanced Manufacturing & Technology, UK)
  • Nick McDonald (Energy, Real Estate, UK)
  • Ann-Marie Salmacis (Real Estate, UK)
  • Michael Smith (Real Estate, UK)
  • David Stoppelmann (Energy, Germany)
  • Alasdair Weir (Energy, infrastructure, UK)
  • Kathryn Wynn (Financial Services, UK)

If you would like to find out more information about Pinsent Masons, please visit: https://www.pinsentmasons.com/

Brazilian ports and navigation remain in operation, reports ANTAQ

In view of the worsening of the coronavirus epidemic in Brazil, the country’s port terminals have reinforced the security measures and containment of the spread of Covid-19, according to guidelines from health authorities and the federal government. However, there is already a concern about possible logistical bottleneck due to the crisis.

The first fear is the very need to dismiss employees. Industry officials and executives have reiterated that there is no forecast for any port terminal shutdown, as occurred in China. The standard measure has been to implement remote work for administrative areas, release employees from risk groups and expand precautionary measures for those who work directly in the port operation.

Agribusiness & Port Logistics

A letter signed by almost 50 entities representing agribusiness segment was addressed on Wednesday, 18, to the President of the Republic, Jair Bolsonaro, and to the Minister of Infrastructure, Tarcísio Gomes de Freitas, requesting support from the federal government to guarantee the functioning of the national port logistics amid the coronavirus crisis.

Public & Private Ports In Operation

The National Waterway Transportation Agency (ANTAQ) announced today, 20, that public (including delegates), private and other port facilities remain in operation, as well as coastal and long-haul transportation activities.

In a note, ANTAQ clarified that only the Union will be able to determine the closure of port facilities in all Brazilian states or the suspension of service provision on interstate and international waterway transportation lines. The legal basis is Article 22, item X, of the Federal Constitution, and Ordinance 125, of March 19th, 2020, of the Presidency of the Republic.

“At the moment, the unrestricted suspension of passenger transport is not a measure indicated by the National Health Surveillance Agency (Anvisa). The complete suspension of this service could harm access to medical care, the displacement of health professionals, the supply of vaccines , supplies and medicines for the Brazilian states,” added ANTAQ in its statement.

Cabotage

The Brazilian Association of Cabotage Shipowners (Abac) reported that the modal remains active. The companies associated with Abac have taken actions to protect their employees and contribute to the prevention of the contagion of Covid-19, following the guidelines of the country’s health authorities. The measures safely guarantee the continuity of cabotage services, always within the principles of preventing and maintaining the supply of products to society.

Santos Port

On Wednesday, operation in Santos Port was threatened due to a possible halt of the stevedores work, who even sent a letter to the authorities announcing their decision to stop working. The situation was, in principle, contained in a meeting between port authority, representatives of companies and unions.

The Santos Port Authority (SPA) published a note stating that maritime and road access are “open without any restrictions” and that it “acts to guarantee the full functioning” of the port. The agency has taken security measures since the beginning of the crisis.

Container terminals DP World, Santos Brasil and Brasil Terminal Portuário (BTP) have reinforced their security measures and dismissed employees, but said there is no impact on activities.

The port operation could also be impacted in other ways, in addition to an employee stoppage itself. One of the concerns, for example, is in relation to the release of the cargo by inspection agencies, such as the Federal Revenue Service, the Ministry of Agriculture or the National Health Surveillance Agency (Anvisa), which need to verify imports.

The fear is that, with the delay, a huge queue will be generated. For now, the operations proceeds normally.

According to the president of Portos do Paraná, Luiz Fernando Garcia da Silva (who manages Paranaguá and Antonina), there is no forecast of an impact on the operation in the State, “unless there are mobility problems, as there was in China”. At the height of the crisis in the Asian country, one of the bottlenecks for cargo transport was the restriction of truck drivers, who interrupted activities.

According to the National Association of Cargo Transport and Logistics, it is too early to say whether there will be an impact on cargo transport, which will depend on the worsening of the epidemic. In March, the assessment is that the movement has been positive, driven by the soybean harvest.

In general, the assessment of executives and analysts about the current scenario is highly uncertain, and the forecasts seem to change every day. The fear – and the main scenario to be avoided panic, that could lead to a complete halt in activities and logistical chaos in the country.

Stevedores Union threatening to stop working in Santos Port

At a meeting held at the headquarters of the Union of Stevadores of Santos, São Vicente, Guarujá and Cubatão (SOPESP), which was attended by all the presidents of the professional unions, a series of measures was decided on the operational continuity of the Port of Santos, last Tuesday (17th).

The Union sent a letter to the National Secretariat of Ports and Waterway Transport expressing the need for a complete halt of operations in the Port of Santos, starting this Wednesday, 18th, due to the worsening of the pandemic generated by the Coronavirus in Brazil.

In the letter, the union president stressed that stevedores are exposed to high risk, since they work on the front lines and are subject to high contamination, because the vessels come from countries facing the pandemic. The Stevedore Union added that most federal, executive, legislative and judicial bodies have stopped their physical operations.

According to the chairman of the management board of the São Paulo State Secretariat for Logistics and Transport, Roberto Giannetti, “stopping the port of Santos would be putting millions of Brazilians at risk, since supply could stop between 60 and 90 days if the strike was declared “.

This means that many industrial inputs and imported basic consumer products could go into shortages, especially of hospital medical supplies essential for the crisis period. It is worth mentioning that the Government has determined that a series of medical products import tax will be lowered to zero and they will have priority treatment in customs clearance procedures.

Santos Port Authority (SPA) highlighted, in a note, that, together with the port community, it acting to guarantee the full functioning of the Port of Santos, respecting the determinations of the Health authorities.

There will be even more negotiations between the stevedores in order to reach a final understanding. Meanwhile, all port activities continue to be carried out normally.

Brazilian Health Agency publishes coronavirus preventative measures

Earlier this month, the National Health Surveillance Agency (Anvisa) released a Technical Norm with measures and actions to be taken against the coronavirus.

The Agency recommended that anyone working at points of entry into the country, such as ports, airports and borders, should wear surgical masks. And if there is any suspicious case, in addition to the mask, apron, goggles and gloves should be used.

Free Pratique

Ships flying foreign flags can only berth at Brazilian ports if they have a Free Pratique Certificate issued by Anvisa. Inspection for the purpose of issuing a Free Pratique Certificate is a procedure adopted a long time ago by Anvisa and follows the rules of the World Health Organisation (WHO).

The Sanitary inspection and Free Pratique is one of the main instruments to curb the international spread of diseases by means of foreign ships.

The Free Pratique Certificate is requested by the ship between 48 hours and 24 hours before the ship arrives at the port, allowing Anvisa to evaluate the ships operational and hygienic-sanitary conditions and the health status of crew members, based on the analysis of the information presented upon request and/or a health inspection carried out on the vessel.

The new Technical Norm states that now any vessel that called at Chinese Ports in the last 30 days, must present a Medical Logbook – which brings all records of health events on board – when requesting the issuance of a Free Certificate Pratique.

In case of suspicion that any crew member has symptoms of CORONAVIRUS, the Free Pratique will only be issued, after the agency and the epidemiological surveillance carry out inspection on the vessel and on the patient.

In the meantime, the ship is not authorised to operate and passengers or crew cannot disembark. The crew member suspected of having CORONAVIRUS should be kept in a private place, preferably in the cabin, untill an evaluation by the health authority is carried out, as defined in the local Contingency Plan.

After evaluation, it will be defined if the Crew member will be discarded as a suspect, kept on board in quarentine or removed to a hospital to be designated.If the virus is confirmed, the ship may undergo disinfection or quarantine. And if the suspicion is not confirmed, the Free Pratique will be issue.

The Maritime Health Declaration (DMS) must be filled out correctly and in a complete form for evaluation regarding the issue of Free Pratique.

As defined by the Ministry of Health, China is the country considered an area affected by 2019-nCov and, when filling out the DMS, it must be so noted.

Anvisa also recommended the use of personal protective equipment by pilots, employees of the Federal Revenue Service, the Federal Police, the Agricultural Services Surveillance (SVA) and the Brazilian Navy and other workers who are in direct contact with crew members from China, such as Port Workers, shipg agents, among others.

The Agency announced yesterday on their website that it is adopting an additional measure, verifying the origin of the crew members who recently boarded the ships. In this case, the Agency has also checked the place of embarkation to see if there is a possibility of suspected coronavirus.

Bill 23/20 was presented to the National Congress and approved on an urgent basis, since it defines the rules for confronting the new coronavirus. The text of the law provides for actions such as isolation, quarantine and closing ports, highways and airports for entering and leaving Brazil, in specific cases that endanger the health security of Brazilians.

Therefore, if the situation worsens, the Government now has a legal provision that allows temporary restriction of access to foreign ships and crew in Brazilian Ports.