Detention of a Vessel

PRPA Executive Director or Chief of Maritime Operation or its Authorized Representative may detain through formal notice, any outgoing Vessel until the Wharfage payment has been made to PRPA as well as payment for any fine prescribed which may have been imposed upon the Vessel Captain or Master, Agent or any person in charge thereof, pursuant to the provisions of this tariff on and applicable laws. 9.0 Rules for Services or Miscellaneous Charges 9.1 Water services 9.1.1 Water served with hoses Fresh water will be supplied to Vessels at the PRPA facilities. Total water Charges shall include the rate per cubic meter as billed by the Puerto Rico Aqueduct and Sewer Authority, plus a charge per connector. PRPA will provide every month the rate per cubic meter and an administrative fee of 10% of the total water charge will be added to the invoice. The applicable rate per cubic meter billed by the Puerto Rico Aqueduct and Sewer Authority will be published through DSMS or any other means deemed appropriate. All water hoses shall be provided by the Vessels free of leaks and will comply with the FDA regulations. PRPA reserve the right to assign the collection of the fresh water invoices to a third party, including, but not limited to, the Puerto Rico Aqueduct and Sewer Authority. Cruise Ship Cargo Vessels Connector or Outlet Charge $5.80 $4.89 47 9.1.2 Water in drums Vessels not equipped to take water by hose will be assessed the rates on a drum of 55 gallons basis; the drum has to be provided by the Vessel an administrative fee of 10% of the total water charge will be added to the invoice. Per drum containing 55 Gallons or less $2.89 Violations to this Article shall be subject to legal measures. 9.2 Electricity Upon request by the users, electricity will be supplied for the lighting of transit sheds at the PRPA facilities. Cost per kilowatt-hour shall be based on previous month cost per kilowatt as billed by the Puerto Rico Electric Power Authority. PRPA will provide the cost per kilowatt an administrative fee of 10% of the total electricity charge will be added to the invoice. 9.3 Cranes and Specialized Equipment PRPA does not provide use of cranes or any other loading or unloading equipment. Cranes and equipment used by any Vessel left at the Wharf, Pier or bulkhead after the end of the Maritime Operations either at the area assigned for its use or at any other (non-designated) area shall be subject to penalties on a per calendar basis. The assessment of the penalty shall commence the midnight of the next day after the vessel finished the unloading operations and when the Pier Attendant observes that the crane is not being used in the receipt, delivery or moving of Cargo in the Pier. Also, such penalty shall be assessed to all cranes and equipment placed in the Pier prior to forty-eight (48) hours of the ship loading operations unless such equipment is used for the relocation or receipt of Cargo then loaded. Container gantry cranes and mobile harbor cranes are excluded. Per day and/or fraction $28.00 48 9.4 Collection of Overtime In all cases where the client requests the assistance of a PRPA employee during periods over regular working hours, client shall pay the PRPA for the overtime incurred by said employee for attending a Maritime Operation or any type of operation requested and approved by PRPA. The assistance request must be filed through electronic means such as DSMS System in order to be considered and approved. Overtime charges include actual overtime and fringe benefits applicable to the employee. The overtime must be approved and signed by the client requesting the service in order for PRPA to issue the invoice. No invoice will be accepted and paid by the client without duly approved timesheet. Overtime payment is due immediately and is not subject to discounts or payment deferral. PRPA will not authorize or recognize any payment made directly to and/or in the name of the employee. All payments shall be made upon presentation of a PRPA valid billing document and shall be payable in the name of the Puerto Rico Ports Authority. 9.5 Cleaning of Facilities 9.5.1 Cleaning by the PRPA Facilities' User It is the responsibility of the Vessel Owner, Vessel or Ship Agent, stevedores and the clients to keep clean and maintain in a reasonable clean condition during the time PRPA facilities are used. Before completion of the operation the user must return the area the same condition as before the commencement of the operations. Whenever PRPA demands the cleaning of the area, the area shall be delivered cleaned in a period not later than twenty four (24) hours. 9.5.2 Cleaning by PRPA If, as a result of any inadequate use of PRPA facilities and common areas, the responsible of the Maritime Operation, stevedoring operation, fuel supplying or any other activity, such areas end in an excessive dirty or dangerous situation that may affect the normal operations of other port's users, PRPA shall immediately proceed with the cleaning of the facilities and charge the responsible party a minimum rate of $500 or the actual cost of such cleaning. 9.6 Waste Disposal PRPA facilities do not provide waste disposal services. The Vessel Owner or Vessel or Ship Agent is responsible to coordinate and pay to private waste collectors for the picking up of garbage. For such purpose, compliance to requirements with Regulatory Agencies is mandatory. 49 10.0 Land Rentals and Leases 10.1 Preferential and Exclusive Use of Storage Areas PRPA may enter into leases with Vessels lines or enterprises serving PRPA Ports for the preferential and exclusive use of certain PRPA property such as storage areas, warehouse space and/or office space payable on a monthly basis. All Vessel lines, Vessel or Agents or users shall have equal opportunity for such facilities leasing, subject to availability. PRPA has the responsibility to maximize the utilization and efficiency of its facilities. Warehouse Space Cargo Pier $2.50 s.f. Warehouse Space Tourist Pier $10.00 s.f. Office Space Cargo Pier $5.00 s.f. Office Space Tourist Pier $10.00 s.f. Warehouse Space Preferential Use $0.50 s.f. Open Space Preferential Use $0.25 s.f. 10.2 Land lease The land at the back of the berth and Transit Area at marine terminals can be made available through leases for acceptable uses such as marine terminal operations. The PRPA Executive Director has the final decision regarding the acceptance of any proposed land use. 10.3 Rental Agreement Reviews PRPA rental agreements shall provide for rental rates reviews from time to time. Rental Rates shall be assessed in accordance to the PRPA Land Rental Rate Policy. Add resolution or copy of policy. 50 11.0 Surcharge and Exclusive use of Land Lease 11.1 Applicable Surcharge for the use of PRPA Facilities All cargo entering and/or leaving the facilities and/or the docks of the PRPA are subject to the following surcharge: Wharfage Surcharge Motor Vehicles $0.7254 Motor Vehicles (Transit) $0.4570 Cargo Moved in containers $0.1994 (other than motor vehicles) Empty Containers (# of units) $0.7545 Transshipment Containers $0.1190 Liquid Cargo $0.0020 General Cargo $0.1622 Sugar and Molasses $0.0289 11.2 Applicable Rent for the Use of Land Adjacent to the Maritime Zone with Intention to Move Maritime Cargo The rental rate for the exclusive use of land adjacent to the Maritime Zone in the areas of San Juan, Guaynabo and Cataño, for companies and entities dedicated to moving maritime cargo, is $25,000 per "cuerda" of land per year, plus the applicable surcharge for the use of PRPA facilities as stated in section 11.1 of this bylaws. 11.3 Applicable Rent for the Use of Land Adjacent to the Maritime Zone with Intention other than Moving Maritime Cargo The rental rate for the exclusive use of land adjacent to the Maritime Zone in the areas of San Juan, Guaynabo and Cataño, for companies and entities intended to move cargo, other than maritime cargo, is $35,000 per "cuerda" of land per year. 51 This companies or entities are not subject to the surcharge stated in section 11.1 of these bylaws, as long as they do not move cargo through the PRPA facilities. 12.0 Free Time and Demurrage Wharfage Charges provide for the free use of the PRPA facilities while conducting the inbound or outbound movement of Cargo and Empty Containers, but also provide for the free use of the bulkheads, Pier Premises and Transit Area for a limited period of time, subject to the conditions and restrictions provided in this Section. 12.1 Free Time General Conditions See Article 12.5 for specific Free Time Qualifications and Exceptions. 12.1.1 Free Time for Incoming Cargo Free Time period for incoming Cargo will commence at the first midnight after a Vessel from which it has been landed finished unloading such Cargo, or vacates the berth, whichever happens first. 12.1.2 Free Time for Outgoing Cargo Free Time for outgoing Cargo will commence on the first midnight after the merchandise is placed at PRPA facilities for the purposes of loading a Vessel with such Cargo. 12.1.3 Free Time for Cargo when Shifting Piers Free Time for Cargo unloaded from a Vessel starting operations at one Pier, and then shifting to another Pier to finish the unloading activity will commence on the first midnight when the Vessel finished unloading operations at the last Pier. 12.1.4 Free Time Dissolution Any Cargo or Empty Container, including vehicles, which is received and placed in a Pier to be shipped, but for any reason such embarking doesn't occur as anticipated, will be subject to Demurrages, since Free Time dissolution. Demurrage shall be assessed commencing at the time such Cargo or Empty Container was placed at the PRPA facilities until it is dispatched by sea or land. 52 12.1.5 Free Time Extension Free Time shall be extended by just cause as approved by a duly PRPA Authorized Representative to grant such extension as provided in this Article. Just causes for granting an extension for the applicable Free Time are: Force Majeure, accidents that may occur, or works conducted at PRPA facilities that may cause difficulties to pick up, delivery or handling the Cargo. If any extension of Free Time is granted, it shall be extended for the same number of days in which Cargo could not be hauled away in cases of import Cargo and for the number of days in which the Vessel was unable to work Cargo in cases of exports only through an application in writing was made by the Vessel Owner, Consignee Agent or any person in charge of the Vessel. Such application must be sent to PRPA as soon as there is knowledge that a just cause exists. The PRPA Maritime Management Director can approve extension of (28) Calendar Days or less. Over (28) Calendar Days, Free Time can only be extended with the approval of the PRPA Executive Director. 12.1.6 Measurement Basis to Assess Demurrage Any Cargo, Container and motor vehicle for which the basis to ascertain Demurrage is not shown in the Manifest or shipping documents shall pay Demurrage either per hundredweight or cubic feet whichever yields the highest revenue to PRPA. A factor of 25 pounds per cubic feet shall be used by PRPA to such determination. 12.2 General Conditions Applicable to Cargo in Transit 12.2.1 PRPA Right to relocate Cargo in Transit after Free Time PRPA shall reserve its right to place or transfer to storage any Cargo or Containers, including vehicles, remaining in the bulkhead structure Wharf, Transit Area or Pier Premises at a PRPA facility after closing Free Time as alternatively if such Cargo remains at PRPA facilities after Free Time, then such Cargo or Containers shall assess Demurrage rates. This general condition applies to: (a) Cargo, either loose or in Containers remaining in the Transit Area or Pier Premises after the close of its applicable Free Time. (b) Outbound Empty Containers delivered to the Transit Area or Pier Premises prior to commence of loading a Vessel after the close of its applicable Free Time. 53 (c) Inbound Empty Containers remaining at the Transit Area or Pier Premises after a Vessel discharging was completed and expired the applicable Free Time. (d) Transshipment Cargo, without change in form or content, either loaded or Empty Containers after the close of its applicable Free Time. 12.3 Cargo Damaged or Abandoned 12.3.1 First Instance Responsibility All cargo and vehicle remaining at the Docks are is the responsibility of the Vessel Owner or the Vessel or Ship Agent of any person in charge of the Cargo Maritime Operation who will responsible for any Charges accrued, and then for any liability related to Cargo sent to public warehouses or still abandoned at PRPA facilities. 12.3.2 Demurrages Guarantee The rates or Charges owed to PRPA for Demurrage constitute a first lien upon the cargo. 12.3.3 Removal of Abandoned Cargo by PRPA Whenever the Cargo, Empty Containers or vehicles have accrued Demurrage for twenty (20) days, the PRPA will request the Vessel or Ship Agent, the Vessel Owner or Master or any person in charge of the Cargo to remove such Cargo, Empty Container or vehicles within a period of ten (10) Calendar Days. In such event that the Consignee Agent, Vessel Owner or Master or any person in charge of the Vessels does not request additional time to maintain such Cargo, Empty Containers or vehicles at PRPA facilities, and keeps the occupancy of PRPA facilities, PRPA shall consider such Cargo, Empty Containers or vehicles and may proceed to dispose of the Cargo, Empty Containers or vehicle through public bids, sealed or by the procedure of voiced (auction) system which will be announced in the local press. The money proceeding from the auction shall be credited against all Charges owed to PRPA including all expenses incurred by the PRPA in conducting the auction process. The Vessel Owner, Vessel or Ship Agent or any person in charge of the Cargo will be held responsible for the balance accrued for the Charges not covered by the product of said auction. Any money, obtained in excess of Charges accrued and expenses incurred will be returned to the Vessel Owner, Consignee Agent or any person in charge of the Vessel. 54 12.4 Demurrage on Cargo to Bonded Warehouse 12.4.1 Liability on Demurrages on Cargo to General Order Warehouse All Cargo or vehicle imported from foreign countries subject to the payment of federal custom tariffs and to be sent to bonded warehouses after the coordination between the Customs Inspector, the Pier Attendant and the Vessel Owner will be dispatched from the Pier supported by the Bureau of Customs official form which will be prepared by the Vessel Owner or Ship Agent and PRPA will, in turn, proceed to place lien in favor of the PRPA the Vessel Owner or Ship Agent, or any person in charge of the against the cargo for the Demurrage accrued as the responsible party. 12.4.2 Payment prior Cargo Dispatching PRPA shall require the payment for the Demurrage Charges accrued and for the bonded warehouse designated or to the Regulatory Agencies to make sure that said cargo is not dispatched from its warehouse until the shipping line has been duly paid by the Vessel Owner or its Agent, or any person in charge of the Vessel, and in accordance with the deal established through the Docking Application Permit and any document of the US Customs and Border Protection. 12.4.3 Public Warehouse Responsibility The public warehouse shall be responsible to the Vessel Owner, Agent or any person in charge of the Vessel for Demurrage Charges for cargo or vehicle dispatched from such warehouse when the warehouse has allowed its dispatch without due reimbursement to the Vessel. 12.5 Free Time Qualifications and Demurrage The payment of the Wharfage rates will entitle inbound Cargo to the use of the Transit Area of the PRPA facilities Wharf, Wharf premise, Pier or bulkhead structure without additional Charge during all or any part of the period during which the Vessel on which it has moved is discharging Cargo, and will entitle outbound Cargo to the use of this area during all or any part of the period during which the Vessel on which it is to move is loading Cargo. As a general rule, PRPA gives a seven (7) Calendar Days Free-Time period for the use of the facilities, whenever is not present an exception. Then, Demurrages Charges commence to be accrued immediately after Free Time closing period, as applicable under this Article, and any exception herein included. 55 12.5.1 Exceptions 12.5.1.1 Vessels with High Quantity Commodity Shipments Vessels importing as well as exporting one commodity, or from one Agent, in excess of 3,000 tons and up to 4,999 short tons, will have a free-time period of eight (8) Calendar Days at PRPA facilities and those in excess of 5,000 short tons of the same commodity or for the same shipper, will have a free-time period of nine (9) Calendar Days at PRPA facilities. 12.5.1.2 Non-containerized Cargo, Loose Cargo and Vehicles for Transshipment Cargo not in Containers, or loose Cargo and motor vehicles, originally manifested for transshipment to other Ports without change in form or contents paying only incoming Wharfage, a free-time period of twenty (20) Calendar Days. Cargo or motor vehicles for transshipment remaining in the Pier in excess of twenty (20) Calendar Days shall pay Demurrages according to the tariff in effect and shall pay, in addition, outgoing Wharfage, if finally such Cargo is embarked to its next destination. In the event such Cargo is moved from the Pier to a warehouse or any other place outside PRPA facilities during the period between fifteen (15) to twenty (20) Calendar Days, such Cargo will not be considered as Transshipment Cargo, therefore, it shall pay Demurrages as if it were inbound Cargo, considering for such purposes the regular Free Time of seven (7) Calendar Days, instead of the twenty (20) Calendar Days provided herein for Transshipment Cargo. The Vessel Owner, the Master, the Agent or any person in charge of the Vessel must evidence by Manifest and Bill of Lading, or any other equivalent document, that the Cargo is Transshipment Cargo to be entitled to this Demurrage Exception. 12.5.1.3 Containerized Cargo or Motor Vehicles in Containers for Transshipment Cargo or vehicle in Containers held in the Pier, Transit Area or any Consignee holding area reserved for its own use, which has been originally manifested as Transshipment Cargo to other destinations without change in form or content, including both loaded and Empty Containers will be subject a free-time period of twenty (20) Calendar Days. Cargo or vehicle in Container remaining in the Pier (transit area) in excess of twenty (20) Calendar Days shall pay Demurrage according to the tariff in effect and shall pay, in addition, outgoing Wharfage, when finally such Cargo is embarked to its next destination. The Vessel Owner, the Master, the Agent or any person in charge of the Vessel must evidence by Manifest and Bill of Lading, or any other 56 equivalent documents, that the Cargo is Transshipment Cargo to be entitled to this Demurrage Exception. 12.5.1.4 Cargo Subject to Federal & Commonwealth Agencies Clearance Imported Cargo or vehicles, which require clearance from US Customs and Border Protection or US Department of Agriculture, State Department of Agriculture or any other Federal or Commonwealth Regulatory Agency, will have a Free Time of eight (8) Calendar Days at PRPA facilities. 12.5.1.5 Foreign Countries Cargo or Vehicles Export Cargo or vehicles going to foreign countries, will have a free-time period of eight (8) Calendar Days at PRPA facilities. 12.5.1.6 Cargo of Federal, Commonwealth and Local Government Cargo which belongs to the Federal or Commonwealth Government and which is intended purpose is for education, health, public aid to be used on a For Major Situation, when exceeding 1,000 tons, will have a free-time period of nine (9) Calendar Days at PRPA facilities. If less than 1,000 tons apply section 12.5. 12.5.1.7 Diplomatic Member's Cargo Cargo or vehicle consigned to or to be shipped by an embassy or members of foreign diplomatic organizations which is considered as diplomatic Cargo, particularly furniture and household appliances or effects, up to a maximum of 4,000 pounds, will have a Free Time period of twenty (20) Calendar Days at PRPA facilities. If more than 4,000 pounds apply Section 12.5. 12.6 Demurrages Charges Demurrage Charges starts to apply immediately after Free Time expires, as applicable under Article 12.5. 12.6.1 Cargo (1 to 5 days) Applicable to each of the first five (5) calendar days and/or fraction thereof, after the free time expires. Per CWT $0.16 Per Cubit Feet $0.04 57 12.6.2 Cargo (after 5 days) Applicable to each calendar day and/or fraction thereof, after the charge for the first five (5) calendar days of demurrage has been applied. Per CWT $0.08 Per Cubit Feet $0.05 12.6.3 Vehicles (1 to 5 days) Applicable to each of the first five (5) calendar days and/or fraction thereof, after the free time expires. Per CWT N/A Per Cubit Feet $0.04 12.6.4 Vehicles (over 5 days) Applicable to each calendar day and/or fraction thereof, after the charge for the first five (5) calendar days of demurrage has been applied. Per CWT N/A Per Cubit Feet $0.05 12.6.5 Empty Containers, Flat beds and Chassis Per each Calendar Day $8.17 per Container and/or per fraction thereof 58 13.0 Billing Rules and Payment Responsibility 13.1 Dock and Ship Management System PRPA shall require the use of DSMS as the primary source for gathering information about a Maritime Operation, including but not limited to Cargo manifests, and/or any other procedures, rules and methodology that from time to time PRPA deems necessary for billing and statistic purposes, regardless whether the vessel unloads and/or loads cargo in PRPA facilities or a private facility. If for any reason DSMS is not available, due to the interruption of the web service, DSMS maintenance, power energy interruption or any other situation, Vessel Owner or Vessel or Ship Agent, and/or secondary agent shall observe the self-billing procedures as defined in this tariff. Whenever a Vessel carries Cargo, which belongs to two or more different Agents, PRPA shall assign the role of Primary Agent to the Company who requested the Docking Permit. Cargo manifests are solely the responsibility of the Vessel or Ship Agent recognized as the Primary Agent, and for which Port Services and Dockage Charges are billed. The Primary Agent shall be responsible for the payment of Port Service Fees, Dockage charges, water charges, electricity charges, overtime charges (when applicable) and any other applicable charge and/or fee. Cargo Manifests are the responsibility of the Vessel Owner and/or Primary Agent and/or Wharfage Agent and/or Agent. PRPA will provide individual wharfage billing and any other applicable charge and/or fee for shared Maritime Operations when the companies currently engaged in Maritime Operations at PRPA and have credit approved. 13.1.1 Liability on using DSMS As a DSMS user, the Vessel Owner and/or Ship Agent and/or authorized representative shall be legally bound and responsible for the information provided, including its correctness and validity. In accordance with section 13.1.5 of this document, a penalty of 25% of the total invoice will be charge to manifest retransmissions, changes, reviews and/or reloads. It is extremely important that the Vessel Owner and/or Ship Agent and/or authorized representative maintain a rigorous control of the passwords, especially whenever there is shift of personnel and/or upon employee termination. It is the Vessel Owner and/or Ship Agent and/or authorized representative responsibility to inform in writing as soon as the revocation 59 of a password occurs and/or a new password is requested. The Vessel Owner and/or Ship Agent and/or authorized representative will be responsible for any transaction that takes place whether with or without his/her previous consent and/or authorization. 13.1.2 Regular Cargo and/or Passenger Maritime Operations Regular Cargo and/or Passenger Maritime Operations at PRPA facilities shall be required to enroll for the use of DSMS through a writing request to the Maritime Management Director, including a contact person for training purposes. 13.1.3 Pleasure Crafts or non-Commercial Vessels The Pier Attendant shall bill pleasure Crafts or non Commercial Vessels. 13.1.4 Non-regular Cargo and/or Passenger Maritime Operations The Pier Attendant shall bill non regular Cargo and/or Passenger Maritime Operations. 13.1.5 Submission of Billing and Statistics Documents, Charges and Penalties All inbound documents shall be provided to the PRPA prior to arrival and all outbound documents shall be received by the PRPA within two (2) working days from the conclusion of operation. Said documents must be submitted through the DSMS program. It is the responsibility of the Vessel Owner and/or Primary Agent and/or wharfage Agent and/or Agent to provide the corresponding documents. The documents provided must be the same documents as the ones submitted to the Treasury Department ("Hacienda"). Such documents shall include: (a) Cargo manifest, including Bill of Lading or any other document used to support the type of Cargo and measurements, Revenue Passenger Belongings, Empty Containers, Chassis, molasses and Liquid Cargo. Manifest must include the lot number and Dock ID according Docking Permit Request ID when transmitted to the Treasury Department and the commodity code included in the latest US Harmonized Tariff Schedule 2013. Commodity codes are the followings: 1- Charter 86 - Empty Containers 2- Charter 17 - Molasses 3- Charter 27 - Liquid Cargo in BBLS 60 4- LOOSE - Package Type (General Cargo) 5- Charter 84, 87 and 89 - Package Type (Motor Vehicles including Boats) (b) Passenger Manifest (c) All Inbound Manifest must include the lot number when transmitted to the Treasury Department. Changes, Manifest Reload & Review The Vessel Owner and/or Ship Agent and/or authorized representative are responsible for reviewing the draft invoice generated by the DSMS system before the invoice is post to client accounts. The Agent will have a grace period of two (2) working days from the time of arrival of the vessel to correct errors, add any pertinent information and reload the inbound manifest. The Agent will have a grace period not to exceed two (2) working days after the conclusion of operation to review and reload the outbound manifest. The only information allowed to be corrected or added upon review before reloading the document is limited to the following: docking id commodities codes quantities weight package unit unit measure carrier company incomplete manifest or lots discharge ports Miscellaneous Charge Documents regarding miscellaneous charges must be filed at the Pier Attendant Office or at the PRPA Billing Office or at the third party's office designated by the PRPA, no later than two (2) working days from the conclusion of the Maritime Operation. Miscellaneous Charges shall include the purchase of services, such as Water, Electricity, Telephone, Cleaning Services, and Overtime, among others. Penalties for missing documents or late billing documents For inbound operations, commencing on the time of the vessel's arrival, a two (2) working days grace period will be provided to produce missing 61 documents, reload manifest and/or submit late billing and statistic documents; a penalty of 25% of the total invoice will be assessed for every twenty four (24) hour period thereinafter. For outbound operations, commencing on the time the operation is finished, a two (2) working days grace period will be provided to produce missing documents, reload manifest and/or submit late billing and statistic documents; a penalty of 25% of the total invoice will be assessed for every twenty four (24) hour period thereinafter. In the event that there are more than two (2) incidents of default within the same calendar year, the penalty assessed will increase to 100% of the total invoice. First time penalty exception for missing documents or late billing and/or statistic documents The Vessel Owner and/or Ship Agent and/or authorized representative who inadvertently forget to deliver the billing and/or statistic documents and voluntary submits them within twenty four (24) hours period from the grace period, a penalty of .0493% daily interest or 18% annual interest, upon PRPA discretion, will be applied to the total invoice. This exception applies only to the first occurrence. Summary as follows: Summary of Due Dates Credit Client Concept Non-Credit Client Inbound Outbound Inbound Outbound Submission In Advance 2 working days In Advance 2 working days After Before Ship conclusion of Before Ship After conclusion Arrival Operations Arrival of Operations Changes, Additions, 2 working Reload 2 working days 2 working days days 2 working days Over 2 working Over 2 working Over 2 Over 2 working Penalties days days working days days 62 13.2 Responsibility for Payment All invoices are due and payable upon presentation unless other arrangements are made with PRPA. For credit Vessel Owner or Agents, PRPA will upload the invoice to the DSMS and/or will send the invoices via e-mail and/or any other electronic means agreed upon the parties. For all intended purposes, the moment the final invoice is uploaded to the DSMS will be deemed as the presentation date and time. Credit Customer Vessel Owner and/or Ship Agent and/or authorized representative approved by PRPA as a credit customer, may apply for a 2% discount on Wharfage, Dockage and Port Services invoices, when payment in full is received by PRPA within five (5) Working Days from date receipt of invoice (The invoice should be submitted by at least one of the following methods: Invoice at the DSMS System or via Email). Payment will be deemed received on the date its post marked by the PRPA finance department and/or the date it is posted in the PRPA's bank account in the case of an electronic transfer or a direct deposit is made. Discount is not applicable to miscellaneous charges including, but not limited to, water, electricity, telephone, cleaning services, overtime, facility surcharge and container scanning surcharge among other reimbursable expenses. Discount will not be applicable in the event that one or more of the exceptions on assessing port service charges stated in section 6.3.1 apply and/or in the event the discounts stated in sections 7.2.2.3 through 7.2.2.8 apply. Vessel Owner and/or Ship Agent and/or authorized representative approved by PRPA as a credit customer shall pay the invoice in full within thirty (30) Calendar Days from date receipt of invoice (The invoice should be submitted by at least one of the following methods: Invoice at the DSMS System or via Email). An invoice shall be considered past due commencing on the thirty one (31) Calendar Day from the invoice date. A .0493% daily interest rate fee or 18% annual interest rate fee will apply while the invoice is outstanding, unless otherwise stated by PRPA. Delinquent accounts Balance due over ninety (90) Calendar Days, are subject to revocation of credit privileges, collection of outstanding balance from pledge and/or guarantees and docking permit request denial and/or cancellation, in accordance with section 6.4.2. Excluding formal claims requested as per tariff procedure 13.3 Term to file claims. 63 Non- Credit Customer Vessel Owner and/or Ship Agent and/or authorized representative approved by PRPA, may apply for a 2% discount on Wharfage, Dockage and Port Services invoices, when cash payment in full is received by APPR. The invoice shall be considered past due the following working day from the draft invoice date. Non-credit Vessel Owners and/or Agents with total or partial invoices past due, after twenty-four (24) working hours, are subject to a 0493% daily interest rate fee or a 18% annual interest rate fee, until the invoice Is paid in full. SUMMARY OF DUE DATES as follows: Summary of Due Dates Credit Client Non-Credit Client Concept Inbound Outbound Inbound Outbound 2% 2% 2% if payment is 2% if payment is receive one (1) receive one Discount working day or (1)working day If payment is If payment is before, after or before, after receive in (5) receive in (5) conclusion of conclusion of working days working days operation operation After 1 working After 1 working 30 Calendar Days 30 Calendar Days day day Full Payment From Invoice From Invoice From Invoice From Invoice Date Received Date Received Date Received Date Received .0493% daily or .0493% daily or .0493% daily or .0493% daily or 18% annually 18% annually 18% annually 18% annually Interest Due in 31 Due in 31 Calendar Days Calendar Days from invoice from invoice After 24 hours After 24 hours date date working day working day 13.3 Term to File Claims All claims related to maritime operations and/or port charges shall be filed within thirty (30) calendar days from the date of the invoice and/or supplemental invoices subject to claim. When applicable, claims submitted must include: 64 (a) reason for the complaint and/or type of error; (b) evidence and/or supporting documents (in the event of replacement of any Manifest document, additional evidence shall be required, as a proof of such replacement to Regulatory Agencies); (c) reference to the Maritime Operation information, including, but not limited to (Vessel, period, invoice number and so forth.) Supplementary invoices shall be issued as a result of a claim resolution, when such claim is granted by PRPA. Once the thirty (30) calendar days period to file a claim expires, the invoice will be deemed correct and final for all intended purposes. This section does not apply to claims related to errors in manifest data reloaded, changes and/or additions after the grace period stated in section 13.1.5 has expired. The term to file a claim provided in this section will not apply or extend the term provided to file a claim in section 13.1.5. 13.4 Credit Privileges for Payments Vessel Owners and/or Consignee Vessel and/or Ship Agents with a regular schedule for Cargo and/or Passenger Maritime Operations shall apply for credit privileges subject to the evaluation of the credit history, financial condition and the submission of a pledge or guarantee that could be increased or decreased annually based on the amount of the Maritime Operations. Such pledge or guarantee shall be used against any delinquent account balance. Whenever this situation is present, PRPA may evaluate to cancel credit privileges or request the replenishment of the pledge or guarantee. Credit privileges are only extended for the purposes of deferral the invoice payment, without being charged for penalties or interests within the period granted, according to section 13.2 of this tariff. 65 ( ( 14.0 Cruise Vessels 14.1 Passengers Vessels - Rates and Fees The following Dockage rates will apply to Passengers Vessels, Cruise Ships, Passenger and/or Cargo Vessels, Ferryboats, Charters and/or Commercial Recreational Passenger Vessels carrying twelve (12) or more revenue passengers. $.0739 per tons 14.2 Pleasure Crafts - Rates and Fees The following Dockage rates will apply to Pleasure Crafts and will be calculated per calendar day, per LOA (Length Overall) of Vessels, as published in Lloyd's Register per periods of 1, 7 and 30 calendar days. Per feet in length 1 day $2.00 7 days $1.85 30 days $1.75 14.3 Cruise Vessel - Rates and Fees The following Passenger Service Fee and/or Wharfage Fee will apply to Cruise Vessels and/or any Vessel carrying more than twelve (12) revenue passengers and/or tourists which berth at or; moor at PRPA facilities or; anchors at the harbor for embarking or disembarking purposes, shall pay a per passenger fee based on the revenue passengers and/or tourist paying for the voyage, and whose names appear in the passenger and/or tourist manifest. The maximum number of non-revenue passengers exempted from paying the fee is fifteen (15). A Passenger Fee shall be assessed per any passenger who is embarking, disembarking or in transit. Round trip passengers shall be assessed once, whenever a passenger is disembarking as part of the same voyage previously embarking at a PRPA Port. Per passenger $13.25 66 14.4 Cruise Vessels - Allowances or Incentives Programs Cruise Vessel enterprise and/or Consignee Agent may apply to any available incentive program through the Puerto Rico Tourism Company, and/or any other government agency, following and complying with the required rules and conditions. The approval of allowance and/or incentive programs under the Commonwealth of Puerto Rico as a payback based on passengers or tourist has no direct reduction on the Charges assessed by PRPA nor PRPA has any responsibility for the delay on the reimbursement for such allowances. PRPA can establish a separate arrangement with the Cruise Vessel enterprise or Consignee Agent for reimbursement of the incentives. 14.5 Maiden Voyage Passenger services and/or cruises that use the Port Authority facilities in San Juan for the first time shall be exempt from wharfage and/or passenger fee or head tax as a maiden trip concession. This concession is granted only to maiden vessels and does not applies to first time agents, owners or any vessels that has previously provided services within the Port of San Juan. 14.6 Liability for Payment Tariff assessed shall be paid in full to PRPA. No credit shall be provided to a cruise vessel enterprise and/or vessel and/or ship agent who files and/or has received approval for allowance on a per passenger basis from any government agency, including, but not limited to, the Puerto Rico Tourism Company. 15.0 Provisions Any matter not covered by these rules will be resolved by the Executive Director in accordance with the applicable laws, regulations, general memoranda, quoted resolutions, and any matters not provided herein shall be governed by the rules and principles of good governance. 67 16.0 Separability Should any provision, clause, paragraph or section of these Regulations be declared invalid or unconstitutional by a court having jurisdiction, such declaration shall not affect, impair or invalidate the remainder of these regulations. The effect of the declaration of invalidity or unconstitutionality shall be limited to the provision, clause, paragraph or section that had been declared invalid or unconstitutional. 17.0 Effectiveness, Derogation and Approval These Regulations will become effective thirty (30) days after being filed with the Department of State, and it will derogate any other existing provision on this matter that may be contrary to or inconsistent with the provisions herein. In San Juan, Puerto Rico this 20th day of December 2016 Executive fluling Director 68 Número: 8879 Fecha: 22 de diciembre de 2016 Aprobado: Luis G. Rivera Marin Secretario de Estado AUTORIDAD des PUERTOS de PUERTO RICO Por: Eduardo Arosemena Muñoz Secretario Auxiliar JUNTA DE DIRECTORES Departamento de Estado Gobierno de Puerto Rico RESOLUCIÓN NÚMERO 2015- 025 La Directora Ejecutiva de la Autoridad de los Puertos sometió el siguiente asunto ante la consideración de la Junta de Directores: SOLICITUD PARA QUE LA JUNTA DE DIRECTORES DE LA AUTORIDAD DE PUERTOS ENMIENDE EL REGLAMENTO DE TARIFAS MARÍTIMAS M- 1-7, ADOPTADO POR LA JUNTA DE DIRECTORES EL 15 DE OCTUBRE DE 2010, MEDIANTE LA RESOLUCIÓN 2010-54 Y APRUEBE EL NUEVO REGLAMENTO DE TARIFAS MARÍTIMAS M-1-8. Explicó la Lcda. Ingrid C. Colberg Rodríguez, Directora Ejecutiva de la Autoridad de los Puertos (Autoridad), que el 15 de octubre de 2010, la Autoridad de los Puertos adoptó el Reglamento de Tarifas Marítimas M-1-7, mediante la Resolución 2010-54. En el mismo se establecen las tarifas, derechos, cánones de arrendamiento y otros cargos por el uso de las instalaciones y servicios en los puertos y terminales marítimos. Previo a su aprobación, el Reglamento estuvo disponible para examen y revisión del público en general, se concedió el término correspondiente para la presentación de comentarios orales y escritos y fue objeto de vistas públicas, de conformidad con los procedimientos para su aprobación. El término de vigencia del Reglamento se ha prorrogado en varias ocasiones. Su última extensión fue adoptada por la Junta de Directores el 20 de febrero de 2015, mediante la Resolución 2015-001 y se hizo efectiva hasta que el mismo fuese enmendado. Cónsono con lo anterior, la Autoridad se ha dado a la tarea de revisar minuciosamente todas las reglas y regulaciones de la Tarifa M-1-7. El objetivo principal de este análisis es modificar y/o añadir secciones con el propósito de aclarar, definir y facilitar la aplicación de la Tarifa, cumplir con las regulaciones vigentes y ajustarla a los procesos actuales que se realizan en la Autoridad relacionados a las operaciones marítimas. 1 De acuèrdo a dicha revisión, la Autoridad determinó la necesidad de cambiar las reglas y regulaciones de la Tarifa marítima con el fin de: 1. Añadir definiciones y términos a la sección 1 de la tarifa. 2. Aclarar y detallar los parámetros y criterios aplicables a los cargos por servicio portuario y atraque ("Port Service Charges" & "Dockage") en las secciones 6 y 7. 3. Establecer los términos y el alcance de las disposiciones generales y las medidas coercitivas relacionadas a los cargos por servicio de muellaje ("Wharfage") en la sección 8. 4. Incorporar la tarifa para el arrendamiento de terrenos en áreas marítimas de uso exclusivo en las zonas de San Juan, Guaynabo y Cataño, adoptada por la Junta de Directores el 15 de octubre de 2010, mediante la Resolución 2010-55. Véase Sección 11 "Surcharge and Exclusive Use of Land". 5. Disminuir los términos establecidos para la presentación de documentos relacionados a facturación y estadística, notificación de cambios en el manifesto, término para realizar pagos y término para presentar reclamaciones, entre otros. Véase sección 13. 6. Incorporar las disposiciones aplicables al escaneo de carga entrante en contenedores, adoptada por la Junta de Directores el 31 de agosto de 2011, mediante la Resolución 2011-26. Véase Sección 15 "Scanning of Inbound Cargo Containers". 7. Incorporar la sección 16, para añadir disposiciones generales. 8. Incorporar la sección 17, para establecer la separabilidad de las cláusulas del reglamento. 9. Incorporar la sección 18, para establecer fecha de vigencia, derogación de reglamentos anteriores y aprobación. La necesidad de solicitar la referida enmienda, surge con el fin de atemperar el Reglamento M-1-7 con las necesidades actuales de la Autoridad. En vista de lo anterior, resulta necesario enmendar el Reglamento M-1-7 para adoptar el M-1-8. Es meritorio señalar que los cargos establecidos para las diferentes partidas no han sido alteradas. En la medida en que la Autoridad entienda que sea necesario aumentar 0 disminuir los cargos establecidos para las diferentes partidas, se llevará a cabo el procedimiento correspondiente para cumplir con dicho propósito, según lo exige nuestro ordenamiento jurídico. 2 La Ley Núm. 125 del 7 de mayo de 1942, según enmendada, mejor conocida como, "Ley de la Autoridad de los Puertos de Puerto Rico", le confiere a la Autoridad todos los Derechos y poderes necesarios para que en la forma más económica, amplia y variada posible, fomente el uso de sus instalaciones y servicios. Una vez aprobada por la Junta las enmiendas al Reglamento M-1-7 para adoptar el M-1-8, se llevará a cabo el procedimiento legal correspondiente, el cual incluye la celebración de vistas públicas, para la determinación final de la revisión, conforme a la ley Núm. 170 del 12 de agosto de 1988, según enmendada y mejor conocida como la "Ley de Procedimiento Administrativo Uniforme". Atendiendo los méritos de los argumentos expuestos por la Directora Ejecutiva de la Autoridad de los Puertos, la Junta de Directores aprobó lo siguiente: RESOLUCIÓN NÚMERO 2015- 025 RESUÉLVASE: Autorizar a la Directora Ejecutiva de la Autoridad de los Puertos a enmendar el Reglamento de Tarifas Marítimas M-1-7, adoptado por la Junta de Directores el 15 de octubre de 2010, mediante la Resolución 2010-54 y apruebe el PM nuevo Reglamento de Tarifas Marítimas M-1-8. Dada en San Juan, Puerto Rico, a 31 de julio de 2015. Hon. Miguel A. Torres Díaz Lcdo. Luis Daniel Muniz Martínez Presidente, Junta de Directores Director Ejecutivo Interino Compañía de Turismo de Puerto Rico Secretario, 'pro tempore" Junta de Directores Certifico que la presente es copia fiel y exacta de la Resolución Núm. 2015-025 del 31 OOR de tic de 2015 3