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Emergency Contingency Procedures ECP Emergency Situations of Political Character |
Doc No.: ECP 08-00
Revision: 01 Date: 15 Oct 2024 Issued by: DPA Approved by: MD |
8. EMERGENCY SITUATIONS OF POLITICAL CHARACTER
This procedure is divided into four parts:
- 8.1 Local War
- 8.2 Call / Stay in Area of Conflict
- 8.3 Stowaway
- 8.4 Detention / Arrest
8.1 Local War
8.1.1 Notification / Alerting
(a) The vessel shall receive notification from the company in case of a risk of outbreak of war or similar hostilities in the area where the ship is heading for. The company shall also advise with guidelines for further actions.
(b) However, if master has reason to believe that conditions or risks of war exist and no notification has been received, the Company should be contacted immediately.
8.1.2 Master’s Duty
Irrespective of the clauses of war that a charter agreement may contain, it is Master's opinion about the risk to complement, ship and cargo, which is decisive for further actions.
8.1.3 General Guidelines
| sr | Action | Y/N |
|---|---|---|
| a. Hostilities in Port of Destination | ||
| 1 | Agent must be contacted immediately (considering that the agent may be under pressure from the authorities). | |
| 2 | Information to the vessel about the situation and expected development after contacting the nearest national consular office for that area. | |
| 3 | Staying in the waters outside the territorial limits may be considered if the voyage in the area and call at the port are expected to involve risks due to:
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| 4 | Company must be contacted immediately with information and evaluation of the situation, and the precautions that are taken. | |
| b. Hostilities in Port | ||
| (i) In case of risk of hostilities arises while the ship is in port: | ||
| 1 | Contact the company, agent and nearest consulate to get an assessment of the situation and possible development. | |
| 2 | Keep the ship ready for possible departure and inform the crew of existing possibilities and introduce highest security level (3). | |
| 3 | Investigate/consider, in consultation with agent, the possibilities of leaving the harbor, possibly by own means if the situation gets worse. | |
| 4 | Try to find out if mines or other obstacles will be placed in the fairway. | |
| 5 | Find out the possibilities for shifting of the vessel to a less exposed area. | |
| 6 | Try to find out if other ships in the harbor are intending to break out, and their strategy/estimation of the chances of success of such operation. | |
| (ii) In case ship cannot escape from the hostilities taking place in the area | ||
| 1 | Stop all cargo operations and make ship ready for sea. | |
| 2 | Decide whether extra display of the ship's nationality may reduce the possibilities for attack on the ship. | |
| 3 | Consider the best possible place of refuge with retreat possibilities for the complement in case the ship comes into the line of fire. | |
| 4 | Start preparations for casualty control in case the ship/crew sustains damage/injury due to hostilities. | |
| 5 | In extreme situation consider the possibilities of moving the ship out from the berth, by cutting of moorings. | |
| 6 | If the ship's cargo or installations in the vicinity makes staying on board very dangerous during a possible fight, consider evacuation of the complement and safest place of refuge ashore, or possibilities of retreating by means of lifeboats. | |
| 7 | If evacuation of the complement is a possibility, make ready and prepare all actions that must be executed before the ship is abandoned. | |
| 8 | If possible, keep company and nearest local contacts informed about precautions and actions intended. | |
| (iii) Ship’s use by a party in war | ||
| 1 | Under such situation vessel may be asked or forced to transport refugees. Master should consider the following:
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| 2 | Try by all available means to keep the Company informed about the situation, either directly or via local contacts. | |
8.2 CALL TO AN AREA OF CONFLICT
In case the vessel is ordered to an area of conflict where the ship and/or crew may be exposed to danger, though company shall advise, following guidelines are suggested:
| sr | Action | Y/N |
|---|---|---|
| 1 | Notify the company immediately unless the sailing order comes from the Company. | |
| 2 | Notify the complement of the forthcoming voyage. | |
| 3 | Contact the agent or the national consulate in the area to obtain the latest information about the situation and the hazards involved. | |
| 4 | Master together with his senior officers & experienced crew decide upon actions to be taken to protect complement and ship, well before the ship enters the area of conflict. | |
| 5 | If there is a danger that the ship may come under fire, the complement should keep indoors as far as possible with only the most necessary activities out on deck. | |
| 6 | Life-saving equipment should be inspected and keep lifeboats & rafts ready. | |
| 7 | Ship’s crew to be informed in detail about the hazards and what actions the ship intends to carry out. | |
| 8 | Consider reinforcing the wheelhouse, if possible. This will always be an exposed area for snipers. Sandbags are efficient in case. | |
| 9 | Consider the contingencies and communication alternatives, in case wheelhouse comes under fire. | |
| 10 | If the ship is at anchor, it should be floodlit at night and preferably carry a flag and marks of nationality. There should be running water and fire hoses rigged to prevent boarding. Other precautions as per highest security level 3 should be carried out. | |
| 11 | Continuously inform the Company about the situation and conditions in the area. |
8.3 STOWAWAY
(a) In an era of ISPS code, it is assumed that normal security & access control measures (as per scenario in that area or in that country) are already on board when a vessel is alongside in port, at anchor, or underway. However, the company recognizes the importance and necessity of a total search before departure from each port by the ship’s crew.
(b) The best measure against stowaways is, however, efficient watch-keeping in those harbors where, from experience, it may be suspected that stowaways may come aboard. This applies especially to African ports.
(c) However, if the stowaway is discovered after departure, the following are the guidelines:
| Sr. | Action | Y/N |
|---|---|---|
| 1 | Company should be informed immediately. | |
| 2 | Agent and authorities of the ports where stowaway boarded the vessel must be notified as soon as possible and before calling at next port. Otherwise, it may be claimed that the stowaway did not come on board in the port of departure, and that they therefore have no obligation to take him back. | |
| 3 | As soon as possible try to establish the stowaway's:
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| 4 | Take his snap and send it to the office. | |
| 5 | Body search should be carried out to get hold of some hidden documents etc. | |
| 6 | Try to establish from the stowaway, how he boarded the vessel and place where he hid himself. | |
| 7 | The Company should be notified and given all relevant information and be requested to contact underwriters and others. | |
| 8 | The ships agent in the port of departure should be notified. Full information about the stowaway should be sent to the agent requesting confirmation. | |
| 9 | Company with the assistance of underwriters shall start the deportation process at the first opportunity. Ship and ship’s agent shall be kept informed by the company. | |
| 10 | If disembarkation of the stowaway in the first port of call is denied, adequate & continuous watch-keeping must be arranged so that the stowaway cannot escape. In USA and some other countries, the ship may be fined if the stowaway escapes. A local watch company may be used, with the consent of the company & underwriters. |
8.3.1 Stowaway Search Checklist
A ship-specific Stowaway Search Plan should be available on board with duties of each crew with respect to specific areas of search, which shall be complied with prior to departure from each problematic port. Please refer further to SSP for Stowaway Search Checklist.
8.3.2 Important Precautions
(a) Return to the harbor for disembarkation of the stowaway immediately after discovery on departure must not be undertaken unless approved by the company, as this may lead to an unscheduled deviation.
(b) Master must declare the presence of a stowaway to the concerned authorities prior to arrival at the next and subsequent ports, until the stowaway is disembarked. Failure to comply with this may invite heavy fines from authorities in some countries.
8.4 DETENTION & ARREST
(a) Master must make a distinction between detention as a consequence of deficiencies concerning seaworthiness/PSC consequences and arrest due to commercial claims. Both circumstances may, however, lead to serious consequences for the Ship, Company, and Charterers.
(b) Master must ensure that Port State Control detention/intervention is reported to the Flag State Administration, if required.
8.4.1 Detention
If, during an inspection of the vessel by the authorities of the flag state or by PSC, defects are discovered in the ship that are deemed not seaworthy, the inspecting authority will take the necessary precautions to prevent the ship from leaving port before the deficiencies have been rectified.
8.4.2 Basis for Detention
Detention may occur as a consequence of the following:
- (i) An inspection has revealed the nature of deficiencies that the ship has been found not to be seaworthy;
- (ii) An inspector of the relevant inspecting authority has been prevented from entering the vessel by the master or the company;
- (iii) The vessel or company has declined or refused to comply with the recommendations issued by the inspector in order to make the vessel seaworthy;
- (iv) The vessel does not possess the required valid certificates.
(a) Criteria for Un-seaworthiness
It is difficult to specify accurate criteria for judging a ship un-seaworthy. Some of the following are indicators of lacking seaworthiness:
- (i) When buoyancy, watertight integrity, propulsion, and maneuverability do not appear to fulfill the demands on solidity and functioning posed by the intended voyage due to the condition of vital parts of the hull, machinery, or equipment;
- (ii) Overloading;
- (iii) When equipment and arrangements concerning LSA, FFA, Radio communication are missing or in poor condition and may not function properly;
- (iv) Crew holding vital positions are not holding the required certificates/proof of qualifications;
- (v) Improper securing of cargo.
(b) Action after Detention
Action to correct deficiency and prevent detention or reduce the detention period should start immediately. Further,
- (i) When the corrections/repairs are completed, the inspector shall again be summoned.
- (ii) If the repairs cannot be carried out in the present port, permission to sail to another port where the repairs can be affected should be applied for.
- (iii) If in the master’s opinion, the recommendations issued appear unjustified, the company should be informed immediately for further action. If possible, the surveyor from the vessel's classification society should be summoned. If the vessel is found to be seaworthy, the national Consul may be requested to issue a certificate of seaworthiness.
- (iv) In case permanent repairs or correction of the deficiencies is impossible in the present port, the master should try to establish which temporary measures can be effected under which the vessel may be allowed to sail for the next port of call or to a port where deficiencies can be rectified permanently. The Company should be informed of the existing possibilities.
8.4.3 Arrest
Arrest (as in the following cases) is a temporary legal constraint that can be imposed on the vessel.
- (a) Arrest due to Commercial Conditions: If the arrest is due to commercial conditions, the master should:
- Inform the Company / Charterers immediately with the reasons and the measures which have been taken.
- Immediately contact the local representative of the vessel's P&I Club.
At times, such matters are settled by the P&I Club issuing a guarantee letter.
- (b) Arrest due to Violations of Local Regulations: Vessel may be arrested because of a demand from the customs and other law enforcement authorities of the country for violations of the local regulations of the country.
- (c) Arrest for Environmental Violations: Vessel may be arrested by other authorities for reasons of alleged oil pollution or the violation of other rules.
- (d) Notification to P&I Club: In any case, the local office of the vessel's P&I Club must be notified as soon as possible, as the situation may be more complicated. No documents regarding the matter should be signed without consulting the Company & P&I Club.
8.5 RECORD KEEPING
Master must ensure that a chronological record of all events and communications made during the above emergencies is properly maintained on board. The C/O, C/E, and Communication officer are to ensure that the respective log books have the required details filled in.
Reference:
ISF/ICS: Pirates & Armed Robberies – A Master’s Guide