K&L Gates has an extensive and wide-ranging maritime practice, offering the maritime industry in the United States and internationally significant legal, transactional, legislative and regulatory capabilities.  Our knowledge and experience can be a valuable asset for any business or association related to the maritime industry.

K&L Gates is proud to be a sponsor of the U.S. Maritime Industry National Town Meeting live webcast held at the firm on September 14, 2007. Topics discussed included marine highways and maritime security.  To view the archived webcast, please click here.  A second webcast, held on November 20, 2007, focused on ballast water issues.  To view the archived webcast, please click here.

The K&L Gates maritime practice group dates back more than 35 years. Today the maritime group represents owners and operators in all major sectors of the maritime industry — breakbulk, containerships, liquid and dry bulk cargo vessels, passenger cruise vessels, and specialized vessels such as power generating barges, tugs, mobile offshore drilling units, offshore supply vessels, dive support vessels, pipe and cable laying vessels, fishing, dredging, and recreational boats.  Our maritime clients also include ports, marinas, shipyards, and a variety of industry associations and coalitions, as well as shippers or other industries with maritime-related needs.

Because the complex issues that affect the maritime industry nationally and internationally often touch more than one branch of government, from its earliest roots the Maritime group has developed extensive knowledge and experience working with every branch of government and is able to provide its clients with effective and creative solutions to legislative, administrative, or judicial issues.  On behalf of our clients we have been actively involved in every significant piece of maritime-related legislation over the last 35 years.  In addition, the Maritime group regularly represents clients before the relevant maritime Congressional committees, the U.S. Maritime Administration, the Federal Maritime Commission, the U.S. Coast Guard, the U.S. Department of Defense and other executive branch agencies whose decisions affect the maritime industry.

On the transactional side, our attorneys have been involved in several of the largest maritime financings in the U.S. in the recent years, including the commitment by the U.S. Maritime Administration for $1.1 billion in Title XI-guaranteed financing for two new U.S.-built cruise vessels, the largest single commitment ever issued by the Maritime Administration.  The group also provides maritime clients advice on vessel construction contracts, credit agreements, secured vessel financings, project financings, leveraged lease transactions, international structured financial transactions and public financing of maritime projects.

The firm can also draw on a wide range of other capabilities to benefit its maritime clients. These include antitrust counseling and litigation, assistance with corporate and financial transactions, equipment leasing, environmental compliance counseling and litigation, assistance on international trade issues, criminal defense, customs duties and tariff issues, and government contracting counseling and litigation.  We also provide our maritime industry clients with a broad range of related services, including construction law, insurance coverage law, labor and employment law, municipal law, public and private finance, real estate transactions, and international transactions of every form.

Industry Segments Served

• Liner Shipping/ Intermodal Operators   
• Tankers/Liquid Bulk      
• Great Lakes
• Marinas 
• Passenger and Cruise 
• Oil Rigs, Offshore Supply and Drill Ships
• Maritime Education and Training
• Fishing Vessels
• Trade and Industry Groups and Associations   
• Inland and Coastwise Barge
• Dry Bulk
• Shipbuilding & Repair      
• Recreational Boating
• Pilots
• Ports
• Tugs/Towing
• Dredging
• Defense Shipping

Our practice of maritime law takes a variety of forms in accordance with the requirements and goals of our clients.  Our ability to provide a combination of maritime-related legislative, regulatory, transactional, and legal experience tailored to our clients specific strategic needs gives meaning to our motto of "helping clients successfully navigate legal, financing, and legislative challenges to achieve their goals." We encourage you to click Areas of Practice links below to review our capabilities in the areas listed below.

Maritime Areas of Experience

• Coastwise Laws
• Vessel Documentation and Ownership
• Maritime Promotional Programs & Policy
• International Trade
• Shipping Regulation - Cargo and Passenger
• Marine Resources and Fisheries
• Environmental Protection
• National Defense Shipping
• Ports and Inland Waterways
• Financing and Corporate Structuring
• Maritime Tax
• Maritime Education and Training
• Shipbuilding and Repair
• General Maritime Law

Coastwise Laws

Legislative
We represent individual clients or industry coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to the Coastwise Laws, including: Section 27, Merchant Marine Act, 1920 (Jones Act), The Act of June 10, 1886 (Passenger Vessel Act), 46 U.S.C. App. 292 (Dredging Statute), and 46 U.S.C. App. 316 (Towing Statute).  Representative matters have included:

• Coordinating the largest coalition of maritime interests - unions, companies, and associations - ever assembled to prevent changes to the maritime cabotage laws, including the above-listed statutes;
  
  
• Defending against proposed legislative waivers of or exceptions to the coastwise laws that would allow non-coastwise qualified vessels to engage in domestic services to the detriment of clients owning and operating coastwise qualified vessels in those same services; and
  
  
• Obtaining legislative authority for clients to operate vessels under the coastwise laws, including the restoration of coastwise privileges in cases where a vessel may have lost those privileges by virtue of having been sold or operated foreign.

Regulatory
K&L Gates assists clients in obtaining U.S. Customs Service rulings under the Coastwise Laws, including in the following areas: passenger vessel itineraries (U.S. and Foreign Flag, including Cruises to Nowhere), new and different product determinations, third proviso authority for use of Canadian railroads, towing assistance, and dredging and marine construction.  Representative matters have included:

• Gaining approval for proposed cruise itineraries or authority to deviate from approved itineraries under emergency conditions;
  
  
• Obtaining authority to transport cattle from Hawaii through Canada or Mexico under the new and different product doctrine;
  
  
• Obtaining authority to transport frozen fish products from Alaska to the U.S. East Coast under the Third Proviso of Section 27, Merchant Marine Act 1920; and
  
  
• Clarifying the extent to which non-coastwise qualified vessels may participate in dredging or marine construction activities.

Transactional
We advise clients with and represent them before the U.S. Coast Guard on issues of corporate structuring or citizenship to enable them to own or operate a vessel under the Coastwise Laws.  Representative matters have included:

• Advising the largest operator of U.S.-flag cruise vessels on the acquisition and integration of a foreign-built cruise vessel into its coastwise cruise operations;
  
  
• Corporate restructuring to enable client to take advantage of the Vessel Lease Financing provision of the 1996 Coast Guard Authorization Act; and
  
  
• Performing citizenship audits of a company envisioning commencing passenger vessel operations subject to the Coastwise Laws.

Litigation
We represent clients before the U.S. Coast Guard or in federal courts seeking enforcement of Coastwise Laws against alleged violators or defending against challenges to operate under the Coastwise Laws.  Representative matters have included:

• Obtaining U.S. Coast Guard action against company operating towing/barge services on inland waterways in violation of Coastwise Laws; and
  
  
• Defending a day-cruise operator against charge by federal authorities that operations were in violation of the Coastwise Laws.

Vessel Documentation And Ownership

Legislative
K&L Gates represents clients before the U.S. Congress, the Administration or Executive Branch agencies on matters related to Vessel Documentation Laws and related requirements, including: meeting vessel and company or corporate citizenship requirements, documentation and vessel transfers, and meeting the U.S. build requirement.  Representative matters have included:

• Obtaining statutory language clarifying corporate officer citizenship requirements under U.S. documentation laws;
  
  
• Representing various passenger cruise ship owners in legislative matters including seeking special clarification regarding particular vessels;
  
  
• Obtaining special legislative relief for a variety of U.S.- flag vessels to obtain coastwise endorsements to certificates of documentation allowing them to operate in coastwise trade; and
  
  
• Representing West coast operators of domestic reefer vessels in legislation that would have significantly affected the continued operation of their vessels and in regulatory proceedings implementing that legislation.

Regulatory
We represent clients before the U.S. Coast Guard and the U.S. U.S. Maritime Administration on matters relating to vessel documentation/inspection/operation, transfers of ownership interests, and U.S. or foreign registration.  Representative matters have included:

• Representing vessel owners before the U.S. Coast Guard and Maritime Administration regarding ownership issues involving non-citizen participants;
  
  
• Regularly representing vessel owners before the U.S. Coast Guard in connection with vessel documentation, inspection and regulatory matters; and
  
  
• Representing a group of small vessel owners in successfully amending proposed U.S. Coast Guard regulations to accommodate economic concerns.

Transactional
Our lawyers advise clients with and represent them before the U.S. Coast Guard on issues of corporate structuring or citizenship to enable them to operate a vessel under the Coastwise Laws.  Representative matters have included:

• Obtaining authority to transfer interests to non-citizens and operate under foreign registry vessels that could no longer operate economically under U.S. registry; and
  
  
• Assisting owners of an offshore registry in the establishment of that registry, including necessary host-country implementing legislation.

Litigation
K&L Gates represents clients before the U.S. Coast Guard or in federal courts.  Representative matters have included:

• Representing a marina in a successful challenge to U.S. Department of Transportation regulations restricting recreational vessel access to federal navigable waters and recovering attorneys fees; and
  
  
• Representing a client accused of operating a vessel in violation of U.S. Coast Guard certification.

Maritime Promotional Programs And Policy

Legislative
We represent individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: operating or construction differential subsidy programs, maritime security programs & VISA (Voluntary Intermodal Sealift Agreement), and cargo reservation laws.  Representative matters have included:

• Representing U.S. carriers in the drafting, enactment, and subsequent re-authorization of the Maritime Security Program to obtain increased opportunities for participation by them in the program, increased flexibility in fleet management and operation under the program, and increased economic benefits while ensuring the availability of their vessels and intermodal networks to the U.S. Government for defense purposes;
  
  
• Serving as Washington, D.C. policy and maritime affairs consultant to a Danish  global transportation and shipping company on the company's acquisition of the third largest container shipping company in the foreign trades, making the Danish company the largest containership company in the world and a major presence in North American intermodal transportation;
  
  
• Serving as Washington, D.C. policy and maritime affairs consultant to a Singapore-based global transportation and shipping company on the company's acquisition of the second largest U.S. shipping company in the foreign trades, making the Singapore company the fifth largest containership company in the world at the time and a major presence in North American intermodal transportation; and
  
  
• Assisting major U.S.-flag tanker and dry bulk vessel operators in legislative efforts to reform maritime laws and policies affecting their operation and providing for their participation in promotional programs.

Regulatory
K&L Gates represents clients before the U.S. Maritime Administration or Shipper Agencies, including U.S. Department of Defense components, on matters relating to maritime promotional programs listed above.  Representative matters have included:

• Representing clients in rulemakings by U.S. federal agencies defining the terms and application of cargo reservation and maritime promotional programs;
  
  
• Assisting the U.S. Maritime Administration in negotiations with the U.S. Department of Defense on behalf of a client transporting fuel under defense military aid programs; and
  
  
• Obtaining a favorable agency opinion and order ruling allowing a client to effect the transfer to it under previously agreed contractual terms of agreements held by a third party which enabled the client to more than quadruple its direct participation in the program while achieving greater efficiencies in its operation of enrolled vessels.

Transactional
Our lawyers advise clients and represent them before the U.S. Maritime Administration or Shipper Agencies on matters related to maritime promotional programs.  Representative matters have included:

• Assisting clients to qualify for programs or to obtain approval for transfer of program agreements or contracts;
  
  
• Negotiating terms and conditions of agreements or transfer directives; and
  
  
• Successfully appealing Shipper Agency denials of costs submitted under agricultural cargo reservation statutes and alleged violation of related U.S. laws governing dealings with foreign officials.

Litigation
We represent clients in formal proceedings before the U.S. Maritime Administration Subsidy Board or in federal courts.  Representative matters have included:

• Successfully challenging restrictive Shipper Agency interpretations of cargo reservation statutes to ensure clients obtained cargoes consistent with the intent of the U.S. Congress in establishing those programs;
  
  
• Representing client that had intervened on behalf of the U.S. Maritime Administration before federal district and appellate courts to defend agency's approval of transfers of maritime promotional program agreements to it;
  
  
• Representing carrier client in maritime arbitrations seeking to give effect to its rights under contracts with vessel management company and in subsequent federal court proceedings challenging or confirming arbitration awards; and
  
  
• Filing amicus curiae brief on behalf of client supporting challenge to Shipper Agency of amounts due liner shipping company under cargo reservation statutes.

International Trade

Legislative
We represent individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: U.S. Trade Policy, GATT Services Agreement, and the North American Free Trade Agreement.  Representative matters have included:

• Representing an industry-wide coalition with respect to excluding maritime matters from a GATT Services Agreement and NAFTA; and
  
  
• Obtaining reservation of oil cargoes exported from Alaska for U.S.-flag vessels.

Regulatory
Our lawyers represent clients before the U.S. Trade Representative, the U.S. International Trade Commission and the U.S. Customs Service on matters related to regulation of trade and Customs duties.  Representative matters have included:

• Representing client in U.S. International Trade Commission hearings on non-tariff barriers to entry into U.S. domestic shipping markets.

Transactional
K&L Gates advises clients and represents them before the U.S. Customs Service, the Department of Commerce or the U.S. Treasury on trade-related matters.  Representative matters have included:

• Successfully appealing application of U.S. Customs duties on ship repairs in foreign shipyards under the Tariff Act of 1930;
  
  
• Advising on opportunities for increased trade or service opportunities in Cuba;
  
  
• Advising on use of a Foreign Trade Zone or Customs Bonded Warehouse for shipboard spares for vessels operating in international commerce;
  
  
• Obtaining export licenses for client vessels transporting government aid cargoes to countries subject to export restrictions; and
  
  
• Obtaining U.S. Treasury licenses to enable clients to recover goods, equipment located in countries to U.S.-imposed trade embargoes or sanctions.

Litigation
We represent clients in formal proceedings before the U.S. International Trade Commission or in federal courts.  Representative matters have included:

• Successfully defending client against charge by federal agency that activities in conjunction with sale of U.S. agricultural products abroad violated U.S. law governing contacts with foreign officials; and
  
  
• Advising client on Foreign Corrupt Practices Act prior to entering into dealings with foreign officials.

Shipping Regulation (Cargo & Passengers)

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: regulation of ocean shipping, passenger vessel operation and regulation.  Representative matters have included:

• Representing a coalition of the majority of the vessel owners in the U.S. shipping industry in re-writing the laws governing the economic regulation of ocean shipping; and
• Obtaining legislation and participating in administrative proceedings to provide relief for a major containership operator from unfair foreign trade practices in ocean transportation.

Regulatory
We represent clients before the Federal Maritime Commission on matters relating to: economic regulation of ocean shipping, foreign shipping practices, and performance or casualty certification for passenger vessels.  Representative matters have included:

• Representing foreign-based global transportation and shipping companies in the acquisition of major United States or international intermodal carrier, typifying the globalization of the international liner shipping industry, a trend of great significance for future U.S. national and economic security;
  
  
• Representing the largest U.S.-flag passenger cruise ship operator and noted foreign-flag cruise operators before the Federal Maritime Commission in rulemaking proceedings; and
  
  
• Representing an international organization of containership owners in proceedings related to tariff filings.

Transactional
We advise clients and represent them before the Federal Maritime Commission on issues involving economic regulation of liner shipping or passenger vessel operation.  Representative matters have included:

• Serving as General Counsel to an international organization of liner shipping companies to advise on U.S. economic regulation of international ocean shipping; and
  
  
• Obtaining Performance or Casualty Certificates for the largest U.S.-flag passenger cruise ship operators and noted foreign-flag cruise operators.

Litigation
Our lawyers represent clients in formal proceedings before the Federal Maritime Commission or in federal courts.  Representative matters have included:

• Serving as regular FMC counsel to an organization composed of Chief Executive Officers of the world's leading container shipping companies; and
  
  
• Successfully challenging in federal court several agency rules that would have harmed the businesses of maritime clients.

Marine Resources And Fisheries

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: fishing vessel documentation/ operation, fisheries allocations and management policies.  Representative matters have included:

• Representation of several major fishing companies in successfully amending legislation to obtain full compensation for vessels removed from the fisheries as well as a major revision of the management system in the affected fisheries;
  
  
• Representing fishing clients in the drafting and enactment of legislation governing the ownership and operation of United States fishing vessels; and
  
  
• Representation of coalition of marine lenders in obtaining legislative authority facilitating vessel financing in the fishing industry.

Regulatory
We represent clients before the National Marine Fisheries Service, the U.S. Customs Service, Maritime Administration and Coast Guard on matters related to regulation of fisheries and vessels employed in the fisheries.  Representative matters have included:

• Obtaining rulings on issues of vessel qualification to engage in fisheries activities; and
  
  
• Preparing comments in a wide variety of administrative rulemakings involving fishery management, allocation and citizenship issues.

Transactional
Our lawyers advise clients and represent them before the U.S. Coast Guard, Maritime Administration and the National Marine Fisheries Service on fishery or fishing vessel related matters.  Representative matters have included:

• Advising on compliance with the American Fisheries Act and implementing regulations;
  
  
• Assisting in due diligence research in connection with a variety of major industry transactions;
  
  
• Assisting other law firms in providing maritime legal advice in large commercial transactions involving fishing industry vessel assets; and
  
  
• Advising vessel owners with respect to qualification to operate within the limits of the Fishery Management Plan.

Litigation
We represent clients in formal proceedings before the above administrative agencies or in federal courts.  Representative matters have included:

• Representing a coalition of major fish processing companies in successfully defending a challenge to the ability of their fishing industry vessels to operate in the fisheries; and
  
  
• Appearing before Regional Fishery Management Councils in connection with the development and implementation of fishery management plans.

Environmental Protection

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: Oil Pollution Act of 1990, Clean Water Act, MARPOL and the Act to Prevent Pollution from Ships, Ocean Dumping Ban Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, and Clean Air Act.  Representative matters have included:

• Obtaining a legislative moratorium on efforts to eliminate U.S. Coast Guard regulations governing cargo residues on Great Lakes vessels that allow limited disposal without documented harm to the environment; and
  
  
• Obtaining legislative provisions that take into account company operations in drafting environmental requirements.

Regulatory
Represent clients before the U.S. Coast Guard and the U.S. Environmental Protection Agency on matters related to the development and enforcing of federal regulations under the aforementioned Acts.  Representative matters have included:

• Representing individual companies and a major trade association in federal rulemakings implementing the Oil Pollution Act of 1990;
  
  
• Presenting industry views on International Maritime Organization issues; and
  
  
• Counseling clients on hazardous waste regulations relating to vessel operations.

Transactional
We represent clients before the U.S. Environmental Protection Agency and the U.S. Coast Guard on specific matters arising from those Acts or implementing regulations.  Representative matters have included:

• Structuring client operations and transactions to conform with federal environmental regulations;
  
  
• Counseling clients on the development of vessel oil spill response plans; and
  
  
• Performing environmental compliance internal audits to help ensure client activities are not in violation of such Acts or regulations.

Litigation
K&L Gates represents clients in formal proceedings before cognizant agencies or in federal courts.  Representative matters have included:

• Representing vessel owners in civil enforcement proceedings;
  
  
• Representation of various interests in connection with enforcement actions by the U.S. Coast Guard involving pollution, including Oil Pollution Act (OPA) claims and criminal and civil Clean Water Act violations and claims, safety, and other regulatory matters; and
  
  
• Defending clients in grand jury investigations of possible criminal conduct relating to oil spills and other unauthorized discharges or disposals.

National Defense Shipping

Legislative
We represent individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to:  national defense shipping, national security sealift policies and practices, Ready Reserve Force/U.S. Navy Sealift Vessels, and commercial operation/crewing.  Representative matters have included:

• Drafting legislative provisions on issues such as charter and build initiatives or the requirement for commercial operation and crewing of strategic sealift assets; and
  
  
• Serving as counsel to the National Defense Transportation Association's Military Sealift Committee Maritime Policy Initiatives Working Group developing legislative initiatives to ensure the future availability of commercial shipping for defense needs.

Regulatory
K&L Gates represents clients before the U.S. Maritime Administration, the Departments of Defense or the Navy, or the Military Sealift Command on matters related to acquisition or operation of vessels for National Defense Shipping.  Representative matters have included:

• Coordinating meetings of managers of U.S. government-owned national defense shipping to facilitate discussion of regulatory and legal issues affecting their operations;
  
  
• Working with federal agencies to develop requirements for national defense shipping to provide enhanced opportunities for sale or charter of client vessels;
  
  
• Meeting with Department of Defense/Navy Judge Advocate General on the application of the Geneva Convention to civilian seafarers performing military missions in hostile areas; and
  
  
• Representing U.S. carrier clients in negotiations with the Department of Defense on DOD regulations and policies governing the use of commercial resources for defense cargoes.

Transactional
Our lawyers represent clients before the U.S. Maritime Administration, the Departments of Defense or the Navy, or the Military Sealift Command on specific transactions dealing with National Defense shipping.  Representative matters have included:

• Successful sale or charters of vessels to the U.S. Maritime Administration or the Military Sealift Command for use in National Defense shipping missions;
  
  
• Assembling background materials on benefits of commercial crewing for client responding to federal study of crewing options for former USN ships; and
  
  
• Advising clients on preparation of proposals for Ship Manager Contract awards for maintaining or operating National Defense ships.

Litigation
Representing clients in formal proceedings before Procurement Agencies, the Government Accountability Office or in federal courts.  Representative matters have included:

• Defending the operator of U.S. Government-owned national defense sealift vessel against alleged liability for the unauthorized discharge of petroleum products from that vessel while in drydock;
  
  
• Representing major maritime company as a successful protester of a multi-million dollar U.S. Maritime Administration contract for management of reserve shipping; and
  
  
• Defending award for purchase of client vessel by the U.S. Maritime Administration for employment as national defense shipping against protest by disappointed bidders.

Ports And Inland Waterways

Legislative
We represent individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: Harbor Services User Fee & Harbor Maintenance Tax, Water Resources Development Acts, and Transportation Appropriations.  Representative matters have included:

• Obtaining local match funds for dredging project on St. Mary's River;
  
  
• Obtaining annual appropriations for client developing programs applying technology to improved cargo operations in U.S. ports; and
  
  
• Obtaining funding for Corps of Engineers dredging project in a major U.S. port ensuring appropriated funds were not expended for use of non-qualified vessels for dredging projects in U.S. waters.

Regulatory
K&L Gates represents clients before the U.S. Army Corps of Engineers, the U.S. Maritime Administration, the Federal Maritime Commission, or the U.S. Coast Guard on regulatory matters related to port or waterways development or operation.  Representative matters have included:

• Representing a major port before the Federal Maritime Commission in matters relating to the regulation of shipping and port-related activities;
  
  
• Representing companies in barging operations, including financing, U.S. Coast Guard certifications, approvals under the Coastal Zone Management Act, negotiation of inland waterway hauling contracts, ship construction, and litigation matters; and
  
  
• Obtaining funding for port security improvements from programs administered by the U.S. Maritime Administration.

Transactional
We advise and represent clients on port and waterways related matters.  Representational matters have included developing organizational structures for major groups representing U.S. waterways interests.

Litigation
Representing clients in formal proceedings before regulatory agencies or in federal courts.  Representative matters have included:

• Successfully defending a pilot association against agency decertification efforts and other unlawful regulations; and
  
  
• Successfully challenging an unlawful agency action against pilots in federal court and recovering attorney fees.

Financing

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to: Loan Guarantee Programs Under Title XI, Merchant Marine Act, 1936.  Representative matters have included:

• Representing an industry-wide coalition of shipowners and U.S. shipyards to ensure adequate funding is made available under the Title XI program;
  
  
• Representing vessel owners and lenders in obtaining statutory changes facilitating financing of fishing industry assets; and
  
  
• Obtaining statutory waivers enabling clients to benefit from those programs.

Regulatory
We represent clients before key federal agencies on matters related to implementing regulations for these programs.  Representative matters have included:

• Representing a coalition of marine lenders in successfully eliminating regulatory proposals before the Department of Commerce that would have seriously limited lenders' rights; and
  
  
• Representing lenders in the implementation of new limitations on preferred mortgagees.

Transactional
Our lawyers advise clients and represent them in dealings with the U.S. Maritime Administration or commercial lenders to obtain financing for vessels or related equipments, including preparing business plans, negotiating and preparing purchase and sale agreements, and preparing necessary filings.  Representative matters have included:

• Representing shipowner in financing of two 2,000 passenger U.S.-flag cruise vessels costing $1.2 billion;
  
  
• Acting as shipowner counsel in the issuance of over $134 million in U.S. Government Guaranteed Ship Financing;
  
  
• Obtaining bonds for electric power generating barges in the Dominican Republic and in Nicaragua;
  
  
• Acting as shipowner counsel in the issuance of $229.5 million principal amount of U.S. Government Guaranteed Ship Financing Bonds by Lightship Tankers, LLC I-V; and
  
  
• Acting as special maritime U.S. counsel in a $100 million sale/leaseback by Petrobras (the Brazilian state owned oil company) of an oil production platform.

Litigation
We represent clients in formal proceedings before the U.S. Maritime Administration or in federal courts.  Representative matters have included:

• Representing a client in a federal court challenge to awards under the Title XI program in apparent violation of the intent of the U.S. Congress in establishing the program; and
  
  
• Acting as special counsel to the debtors in possession of the two largest maritime bankruptcies in U.S. history.

Maritime Education And Training

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to Maritime Education and Training, including State, Federal, and Commercial Maritime Academies.  Representative matters have included:

• Coordinating and leading a consortium of State Maritime Academies to increase federal assistance;
  
  
• Obtaining appropriations for the acquisition of improved simulator training facilities for a State Maritime Academy; and
  
  
• Seeking federal assistance for the operation and maintenance of State Maritime Academy training ships.

Regulatory
We represent clients on matters related to maritime education and training. Representative matters have included:

• Representing a state maritime academy in discussions with the U.S. Coast Guard on certification of training courses of instruction;
  
  
• Providing guidance to clients on the application of international and U.S. training requirements such as the Standards for Training, Certification, and Watchstanding (STCW) for seafarers to their operations; and
  
  
• Representing a client in discussions with the U.S. Maritime Administration and State Academies on possible sale of a vessel to the U.S. Government for use as an academy training ship.

Maritime Tax

Legislative
K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to Maritime Tax, including tax deferral Capital Construction Funds ("CCF") under Title VI, Merchant Marine Act, 1936, and Subpart F transactions involving foreign subsidiaries. Representative matters have included:

• Representing dry bulk vessel operating clients in successful effort to block the imposition of increased tonnage duties on such vessels to provide funding for maritime promotional programs for which they were not eligible;
  
  
• Supporting efforts by an industry coalition to obtain relief from the Harbor Maintenance Tax for certain coastwise domestic movements; and
  
  
• Supporting client and industry efforts to successfully obtain corporate tax relief for U.S. carriers involved in international trades through the enactment of a tonnage-based tax regime in lieu of traditional corporate income tax.

Shipbuilding And Repair

Legislative
In addition to the vessel financing activities shown under that heading, K&L Gates represents individual clients or coalitions before the U.S. Congress, the Administration or Executive Branch agencies on matters related to shipbuilding and shipyard modernization initiatives, and eliminating foreign subsidies to shipyards.  Representative matters have included:

• Coordinating and leading a coalition to increase Title XI funding levels in Fiscal Year 2001;
  
  
• Assisting a passenger cruise vessel company in securing a provision in the Defense Appropriations Bill that established a pilot project to strengthen the U.S.-flag cruise ship industry, stimulate commercial construction in U.S. shipyards, save the United States Navy  hundreds of millions of dollars in construction costs, increase tourism in Hawaii, and revive the American large capacity shipbuilding industry;
  
  
• Representing one of the largest American shipping companies, and the largest port in the Pacific Northwest, regarding legislation designed to discipline foreign shipbuilding subsidies; and
  
  
• Representing the largest coalition in the history of the U.S. maritime industry on issues relative to preserving the U.S. build requirement of the Coastwise Laws.

Regulatory
K&L Gates represents clients on matters related to shipbuilding and repair.  Representative matters have included obtaining U.S. Coast Guard and U.S. Maritime Administration determinations on compliance with U.S. building and re-building requirements under the Coastwise and Cargo Reservation Laws.

Transactional
We represent clients in dealings with the private sector shipbuilders or suppliers.  Representative matters have included:

• Negotiating ship construction and repair contracts, including construction and joiner contracts for the largest cruise ship project in U.S. history;
  
  
• Assisting in structuring and obtaining regulatory approval for the construction, ownership, and chartering of a fleet of newly constructed vessels paving the way for the largest oceangoing vessel commercial construction project since the end of WWII; and
  
  
• Advising ship owners and investors in the structuring of companies and of the equity contributions by shipyards and vendors.

Litigation
Our lawyers represent clients in formal proceedings in federal courts.  Representative matters have included:

• Serving as antitrust counsel to a major shipbuilding trade association;
  
  
• Representing that major shipbuilding trade association in responding to a subpoena duces tecum; and
  
  
• Representing clients in court proceeding challenging agency determinations of the U.S. build standing of owned or operating vessels.

General Maritime Law

Legal
We represent clients in formal proceedings in federal and state courts.  Representative matters have included:

• General maritime law matters, including arrests and attachments, cargo claims, limitation of liability, collisions and allisions, and charter disputes;
  
  
• Personal injury defense, including Seamen claims under the Jones Act, longshoremen claims under the Longshoremen's and Harbor Workers' Compensation Act, and passenger claims under general maritime law; 
  
  
• Counseling and litigation regarding marine insurance coverages, including all-risk marine floater policies, inland marine policies, builder's risk hull coverages, special floater policies and coverages provided by the London Marine Market; and
  
  
• Representation of marine business in False Claims Act (Qui Tam) matters.

Professional Associations

Membership in professional associations is among the many ways that K&L Gates' Maritime group lawyers or public policy professionals keep in constant touch with the industry we seek to serve, furthering our knowledge of the needs of the industry and enhancing our ability to meet those needs.  Maritime-related professional associations in which the firm or its individual Maritime group lawyers or public policy professionals participate include:

• American Bar Association (Cmte. on Admiralty & Maritime Litigation)
• American Sail Training Association
• American Waterways Operators
• Association for Transportation Law, Logistics and Policy
• At-Sea Processors Association
• Connecticut Maritime Association
• Federal Bar Association (Transportation Section)*
• Maritime Administrative Bar Association
• National Defense Transportation Association
• National Industrial Transportation League
• Navy League of the United States
• Pacific Seafood Processors Association
• Passenger Vessel Association
• Propeller Club of the United States*
• Propeller Club Port of Washington DC*
• Waterways Council

* Organizations in which our professionals hold national or local office.