Migrants at Sea The Club s Role Christopher

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.

Stowaways: How the Club insures the risk 1. 2. 3. Costs and expenses must be directly and reasonably incurred. Member must be legally liable for the costs and expenses. 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. Professional stowaways

Issues and Problems • Stowaways remain one of the most troublesome and time consuming types of claims for Gard’s People Claims Department. Is the vessel offhire?

Issues and Problems • Stowaways are constantly finding new, and very dangerous places to hide themselves.

Stowaways and Maritime Security • 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!

Responding to Stowaways - Guidance to Masters 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. Often hidden nearby

Gathering Evidence : Questionnaire • 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: • 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. ): Goal is to get the travel documents ASAP

Responding to Stowaways • Consider the safety of the ship and crew, as well as the stowaways. • Handcuffs? Bars on Windows? • Should the vessel divert to land stowaways? Often: YES! • Stowaways must never be put to work. • Correspondents contacted immediately. Ship to shore call. Experts can determine Nationality.

Cooperation is Key • Embassies and Consulates play a key role: issuing the travel documents. Vessel Port Authority P&I Club Correspondent Embassy Consulate Charterers Owner’s Office Agent Coast Guard Airline Police Security

Cooperation is Key • 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?

Gard Claims Trend for Stowaways Exposure and 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 Period: 20/02/2011 – 20/02/2012 842 incidents 774 incidents 1, 955 stowaways 1, 640 stowaways Total cost: USD 14. 3 million including fines imposed by States Total cost: USD 15. 3 million including fines imposed by States FAL: Convention on the Facilitation of International Maritime Traffic

Coordinated Response: IMO Nationality of Stowaways

Coordinated Response: IMO Ports 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 Diversion Expenses Rule 32 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. 2. 3. 4. Costs and expenses must be directly and reasonably incurred. Member must be legally liable for the costs and expenses. If not, they must be incurred with the approval of the Club. 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 data to share with the IMO and with national coast guards in the Med? ?

Migrants at Sea – The Club’s Role Christopher Petrie DM: 7387499