Volume 10: Number 2: May 2003

Zero Tolerance Quarantine problems in Australia

Our Australian correspondents have advised that the Australian Quarantine & Inspection Service (AQIS) is now inspecting and condemning a widening range of cargoes where the presence of grain or soil (even in minimal quantities) has been detected.

AQIS's intervention in respect of fertiliser cargoes has been highlighted previously and most problems continue to be in respect of such cargoes which will be spread directly onto crops in Australia. However, each port in Australia has an AQIS representative in charge of import clearance and all types of cargo may be inspected - especially if AQIS suspect a particular cargo may be contaminated with traces of mud or grain. In addition to fertiliser cargoes, examples of AQIS's intervention in respect of other cargoes in recent months include; used machinery and motor vehicles, containerised cargoes, steel products, plywood, timber and other raw materials. We are also advised by our correspondents that AQIS's intervention is, if anything, likely to increase further in future.

Where the cargo is difficult to clean or treat, there is a significant risk that the ship will be prevented from discharging in Australia.

Our correspondents are therefore recommending that the holds of bulk carriers carrying any type of cargo (but especially fertiliser cargoes) to Australian ports be thoroughly cleaned prior to loading so that the holds (including brackets, pipes and spaces) are 100% clean of grain and mud. It may be prudent to have a surveyor familiar with AQIS's requirements in attendance to supervise the cleaning and to check the holds prior to loading. The Master should supervise loading and reject any cargo that is contaminated with mud, grain or other agricultural products.

Members should also try to ensure that their charterparties clearly set out the responsibilities of their charterers both in respect of additional hold cleaning prior to loading cargo for Australia and the associated costs.

Attempted drug smuggling in Colombia

The Association has recently dealt with a drug-related incident in Buenaventura, Colombia, when an attempt was made to place drugs on board a containership.

The incident occurred whilst the ship was inbound to Buenaventura to load/discharge containers. The crew had been forewarned by the Master to keep extra vigilance in respect of any drug smuggling and shore leave was cancelled. On arrival at Buenaventura Bay the ship took on board a pilot and eight private guards, who had been appointed by the charterers' agents to protect the ship once alongside. The guards were heavily armed and were also carrying personal bags. After the party had boarded, the master noted that the ship was being followed by a motor boat and duly requested the pilot to inform the coastguard. Shortly afterwards, the bosun was patrolling the deck and noticed that one of the guards had opened a reefer container and two damaged cartons were left on deck. On challenging the individual, the guard threw some black packages overboard and seeing that the ship was being followed by a naval gunboat, two of the guards jumped into the sea. Fortunately, the packages and both individuals were picked up by the coastguard.

As a result of the incident the ship was ordered by the Colombian Navy to drop anchor and was subsequently boarded by naval personnel in order to undertake a complete search. It was later learnt that the packages thrown overboard contained narcotics. Sixty-one containers were opened during the inspection by the local authorities.

Fortunately, as the Master had acted promptly and properly in every respect, the ship was subsequently allowed to resume her operations and depart with the minimum of delay; the supposition being that each guard had carried on board part of the overall drugs haul which was to be secreted in a reefer container for onward carriage to the USA.The incident highlights an unexpected way in which those involved in drug trafficking attempt to place drugs on board. It was later ascertained that two out of the eight guards were unlicensed and did not belong to the private guard company. Subsequently all the guards were arrested.

Our Colombian correspondent has since provided some guidelines which Members ought to consider when entering Colombian ports:

• The crew should be warned of the risks of carrying or trafficking drugs and evidence of these warnings shown
  to the authorities where necessary;
  
  
• When going ashore, crew should be warned that if they choose to have contact with local people they should
  be very careful to ensure that the persons they are dealing with are not connected with illegal activities;
  
  
• Keep a security log at the gangway, recording the identity of any persons boarding or disembarking the ship,
  including crewmembers;
  
  
• Perform other security checks, inspections and patrols with the crew and security guards;
  
  
• Do not allow the access of any person on board who does not have a specific job to be performed;
  
  
• Keep doors, hatches, etc., locked to places where no work is scheduled to be carried out;
  
  
• Keep permanent watches in place where people are working;
  
  
• Keep permanent watches on the main deck and boat deck and at night time, all these areas should be well lit;
  
  
• Look out for the approach of small boats or the presence of unauthorised divers or other attempts by unauthorised persons to board the ship;
  
  
• Request the inspection of the anti-narcotics team before departure, including an underwater inspection;
  
  
• In the event of drugs being found on board, co-operate fully with the authorities during the subsequent investigations;
  
  
• In the event of any problems, immediately seek assistance from the Association's correspondents.

The Association is grateful to our correspondent for their assistance in this case and Members are reminded that they should be most vigilant, especially when in Colombian waters.

Making contact - Peruvian regulations for ship reporting

The Association's Peruvian correspondents have alerted us to the problems being faced by ships' Masters attempting to satisfy Peruvian Regulation 0313 - MA/DCG, which dates back to 1994 and requires notice to be given when ships enter or leave Peruvian waters (defined as up to 200 miles off the coast of Peru).

Our correspondents advise that the authorities have made frequent changes to the relevant contact details and that reliance should not be placed upon Sailing Directions or other shipboard publications where the contact details are likely to be out-of-date. Our correspondents recommend that up-to-date contact details should be obtained from the ship's agent prior to each visit to Peru.

Once up-to-date contact details have been obtained then it is imperative that notices be given to the authorities using these contact details. Notices can be relayed via the ship's agents but any such notices must be passed to the local authorities using the up to- date contact details and no other means.

We are advised that failure to comply with Regulation 0313 - MA/DCG may result in a fine of between US$15,000 and US$20,000 being imposed. Typically a cash deposit before allowing the ship to sail. We are advised that attempts to mitigate any fine imposed by arguing that out-of-date contact details were inadvertently used will not succeed.

At the time of writing the contact details of the authorities are as follows:

Telex: 3626042
Fax: +(51) (1) 429 1547
Email: dicatramar@marina.mil.pe

Confirmation of these details should be requested from the agents prior to the ship's entry into Peruvian waters. Please note that the Regulation itself is currently under review and may change shortly.

The risks of using non-approved contractors

Ship's Masters should be aware that many ports require that any third party contractor providing services to the ship has to be approved by the Port Authority.

This is especially so in the Peoples Republic of China (PRC). It has come to our attention that Masters are often approached by third parties offering services such as garbage removal or even slops removal.

The Port Authorities in the PRC take very seriously the practice of contracting with non-approved companies and it is often the case that fines can be levied if such contractors are utilised. Problems for the Master and shipowner may be compounded in circumstances where the contractor performed his services negligently, such as by spilling slops or disposing of them improperly. In such circumstances it may well be that the Port Authority not only fines the ship for using the contractor but also holds the ship liable in respect of the contractor's negligence.

Similarly the Master should be aware that in unusual circumstances eg where there is an incident such as a ship losing an anchor and contractors have to be utilised, it is the case that divers or work boats will all have to be from an approved company. It has been pointed out to us that in such circumstances the Port Authority could simply order a ship owner to employ different, authorised, contractors and the ship may find itself asked to pay duplicate costs. Masters should always be wary of services offered other than through a reputable ship's agent and in the case of unusual services such as divers etc. the Master should ask the agents to confirm that the service provider is a Port Authority approved contractor.

Pilot ladders

The Association has recently received notifications of two incidents involving injuries sustained by pilots whilst boarding ships. In each the case, the pilot ladder was in such a poor condition that it was unable to bear the weight of the pilot.

Chapter V, Regulation 17 of Safety of Life at Sea (SOLAS) Convention 1974 provides, amongst other things, that:
'All arrangements for pilot transfer shall efficiently fulfil their purpose of enabling pilots to embark and disembark safely.The appliances shall be kept clean, properly maintained and stowed and shall be regularly inspected to ensure that they are safe to use'.

Members are therefore asked to remind their Masters of the importance of maintaining the pilot ladders in good condition to help prevent any injury to pilots.