ILS CONFERENCE – MARITIME LABOUR CONVENTION Port State Jurisdiction and Port State Control 1

n Definition of port state jurisdiction and port state control n Under international law, a port state is the state in whose port or offshore terminal a vessel is voluntarily situated at a given time n Port state control is the regulatory mechanism through which a port state asserts and exercises its jurisdiction 2

n Under MLC, port state jurisdiction and corresponding control can be exercised in relation to the requirements of the Convention, basically the obligations of the ship and shipowner towards seafarers n The administrative sanction that can be imposed for violation of PSJ laws is detention of the ship until the deficiency for which the ship was detained, was rectified 3

n Any breach of convention requirements is a deficiency even if the deficient act was committed or occurred before the ship entered the waters of the coastal state in question so long as its entry into the port or offshore terminal was voluntary 4

n Usually, port state control (PSC) is conducted according to regional MoUs, most of which are non- mandatory gentlemen’s agreements 5

n Title 5, Reg. 5.2 u Reg : Inspections in port F Inspections list (Appendix A5-III) u Reg : Onshore seafarer complaint-handling procedures 6