BIMCO develops clause to address Chinese port fees amid rising contractual uncertainty

The world’s largest international shipping association has begun developing a clause specifically addressing the new fees introduced on 14 October 2025 for US-related ships calling at Chinese ports.

Shipping analysts had previously cautioned that owners remain vigilant regarding the scope of Beijing’s port fee framework. Market discussions suggest owners are quietly reviewing corporate structures and chartering exposure to avoid being inadvertently caught by the policy’s broad definitions.

BIMCO’s initiative follows the adoption last July of a standard clause aimed at addressing the USTR’s decision to impose fees on Chinese-related ships calling at US ports.

Urgent need for clarity

A BIMCO subcommittee of legal and commercial experts has been formed to work on the new clause, and the BIMCO Documentary Committee has prioritised drafting it, “recognising the urgent need for clarity.”

“Following the development of our USTR Clause for Time Charter Parties, we are now receiving enquiries for a clause addressing the new Chinese port fees,” explained BIMCO deputy secretary general and director of contracts Stinne Taiger Ivø.

“Our industry is navigating escalating geopolitical uncertainty and trade restrictions,” said BIMCO secretary general and chief executive David Loosley. “To help reduce contractual uncertainty, we are developing a new clause addressing the Chinese fees, just as we responded earlier this year with a clause covering the United States Trade Representative’s fees on Chinese-related ships.”

Port fee framework

Calculated per voyage and based on net tonnage, the Chinese port fees started at US$56 per net tonne on 14 October 2025 and gradually rise to US$157 by 2028.

The Chinese Ministry of Transport announced on 14 October that China-built vessels, as well as empty ships entering domestic yards solely for repairs, will be exempt from the fee. Other vessels may also qualify for exemptions, though further details were not provided.

The US has also recently outlined payment rules for port fees imposed on Chinese-linked entities.