Migrants at Sea – The Club’s Role Christopher Petrie DM: 7387499
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Migrants at Sea – The Club’s Role
Christopher Petrie
DM: 7387499
Introduction
•Stowaways
•Refugees
•Persons Saved at Sea
Persons of Interest
• Approach
1.Take a look at the P&I cover.
2.Current issues and problems
3.Coordinated response?
Stowaways
• Gard Rule 32
• The Association shall cover costs and expenses directly and reasonably incurred in consequence of the Ship having stowaways, refugees or persons saved at sea on board, but only to the extent that the Member is legally liable for the costs and expenses or they are incurred with the approval of the Association. The cover does not include consequential loss of profit or depreciation.
1. Costs and expenses must be directly and reasonably incurred.2. Member must be legally liable for the costs and expenses. 3. If not, they must be incurred with the approval of the Club.
4. P&I cover does not include consequential loss of profit or depreciation.
5. Shipowner is left exposed if and when the vessel is detained.
Stowaways: How the Club insures the risk
Professionalstowaways
• Stowaways remain one of the most troublesome and time consuming types of claims for Gard’s People Claims Department.
Issues and Problems
Is the vessel offhire?
• Stowaways are constantly finding new, and very dangerous places to hide themselves.
Issues and Problems
• Serious consequences in the United States and parts of Europe for vessels with
stowaways.
• Stowaways are often considered a security
risk in the US and other parts of the world.
• 96 hour notification to US Coast Guard
prior to arrival in most US ports.
• Armed security guards on board
at owners expense!
Stowaways and Maritime Security
Assess the situation.• How many stowaways?
• What nationality?
• Health condition?
• Do they present a threat to the vessel and crew?
• Provide food, water, clothes etc.
• Search for travel documents.
Responding to Stowaways - Guidance to Masters
Often hidden nearby
Gathering Evidence : Questionnaire
• 17 Where issued: • 18 Issued by:• 19 Seaman’s Book No.:• 20 When issued:• 21 Where issued:• 22 Issued by:• 23 Emergency Passport No.:• 24 When issued:• 25 Where issued:• 26 Issued by:• 27 When embarked:• 28 Where embarked:• 29 When landed:• 30 Where landed:• 31 Address (House No., Street, City, PO box, Tel. No.):
• Annex 6 – Stowaways Questionnaire
• PERSONAL INFORMATION•
01 Surname:• 02 First names:• 03 Other name:• 04 Date of birth:• 05 Place of birth:• 06 Nationality:• 07 Religion:• 08 Tribe:• 09 Chief:• 10 Sub-Chief:• 11 Passport No.:• 12 When issued:• 13 Where issued: • 14 Issued by:• 15 ID Card No.:• 16 When issued: Goal is to get the travel documents ASAP
• Consider the safety of the ship and crew, as well as the stowaways.
• Handcuffs? Bars on Windows?
• Should the vessel divert to land stowaways?
• Stowaways must never be put to work.
• Correspondents contacted immediately.
Responding to Stowaways
Often: YES!
Ship to shore call.Experts can determine
Nationality.
• Embassies and Consulates play a key role: issuing the travel documents.
Cooperation is Key
Vessel
Coast Guard
Correspondent
P&I Club Owner’s Office
Agent
EmbassyConsulate
Airline
Charterers
PoliceSecurity
Port Authority
• No single party can remove stowaways from a vessel.
• Many countries do not allow disembarkation. This is counter-productive.
• Those that do often levy fines and charges for detention and escorted repatriation. Fair enough. The P&I Clubs respond.
• But we need better port and ship security to prevent boarding.
• Introduction of the ISPS Code in 2004?
Cooperation is Key
Gard Claims Trend for StowawaysExposure and Incidents
0
200000
400000
600000
800000
1000000
1200000
1400000
1600000
1800000
2000000
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Year
Tota
l USD
.
0
50
100
150
200
250
No. o
f inc
iden
ts
Total USD
No. of incidents
ISPS Code takes effect:1 July 2004
Around 150/year presently
Coordinated Response: Stowaway cases provided by the IG P&I to IMO FAL Committee
Period: 20/02/2007 – 20/02/2008
842 incidents
1,955 stowaways
Total cost: USD 14.3 million including fines imposed by States
Period: 20/02/2011 – 20/02/2012
774 incidents
1,640 stowaways
Total cost: USD 15.3 million including fines imposed by States
FAL: Convention on the Facilitation of International Maritime Traffic
Coordinated Response: IMONationality of Stowaways
Coordinated Response: IMOPorts of Embarkation
Refugees and Persons Saved at Sea
Refugees and Saving Lives at Sea
• There are two different P&I Rules which address the issue of saving lives at sea.
Rule 31 Rule 32
Diversion Expenses Stowaways, Refugees and Persons Saved at Sea
Refugees and Saving Lives at Sea
• Rule 31
• The Association shall cover extra costs of fuel, insurance, wages, stores, provisions and port charges attributable to a diversion, over and above the costs that would have been incurred but for the diversion, where these are incurred solely for the purpose of securing treatment for an injured or sick person on board, or for the purpose of searching for a person missing from the Ship, or necessarily incurred while awaiting a substitute for such person, or for the purpose of saving persons at sea.
Refugees and Saving Lives at Sea
• Rule 31
• Why is this so important? Why has it come into such sharp focus?
• Because of the humanitarian crisis in the Mediterranean.
Refugees and Persons Saved at Sea
• So the Clubs assist by covering significant diversion costs and expenses
• Extra costs of:
fuel, insurance, wages, stores, provisions and port charges
• over and above the costs that would have been incurred but for the diversion.
Refugees and Persons Saved at Sea
• Rule 32
1.Costs and expenses must be directly and reasonably incurred.2.Member must be legally liable for the costs and expenses. 3.If not, they must be incurred with the approval of the Club.4.P&I cover does not include consequential loss of profit or depreciation.
• Agree to a strategy so that all costs and expenses are:
«…incurred with approval of the Club…»
Coordinated Response ??
• IG Club’s not yet sharing file data.
• Following international law:
• UNCLOS, 1982• SOLAS, 1974 as amended• IMO – Maritime Search and Rescue, 1979 as amended
Can the 13 Clubs gather sufficient and relevant datato share with the IMO and with national coast guards
in the Med??
Migrants at Sea – The Club’s Role
Christopher Petrie
DM: 7387499
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