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ARTICLE · 31 JANUARY 2011

Vessel Hypothetical – A Lawyer’s Perspective

It is 1985, a shipowner and broker decide, over drinks at the Four Seasons in New York, that the time is right to build a new vessel.

United StatesTransport

Originally published in Marine Money

[It is 1985, a shipowner and broker decide, over drinks at the Four Seasons in New York, that the time is right to build a new vessel.]

After the euphoria of the evening wears off, the questions begin to swirl. How do we choose the right yard? Have we timed the market correctly? Where will we get the money?

We haven't heard too much about our owner's business. He has made a good deal of money in the United States – his business is buoyed by Uncle Sam. His is one of the lucky companies that had successfully negotiated Operating Differential Subsidies ("ODS") with the U.S. Maritime Administration. The U.S. government is contractually obligated to provide these funds to the owner who happens to operate a fleet of primarily U.S. flag vessels in certain desirable liner trades. In 1985, one of these contracts alone is worth up to $2 million per year per vessel. Despite the collapse in the tanker trades, our owner is doing quite

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