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

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 Professional stowaways

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: 19Seaman’s Book No.: 20When issued: 21Where issued: 22Issued by: 23Emergency Passport No.: 24When issued: 25Where issued: 26Issued by: 27When embarked: 28Where embarked: 29When landed: 30Where landed: 31 Address (House No., Street, City, PO box, Tel. No.): Annex 6 – Stowaways Questionnaire PERSONAL INFORMATION 01Surname: 02First names: 03Other name: 04Date of birth: 05Place of birth: 06Nationality: 07Religion: 08Tribe: 09Chief: 10Sub-Chief: 11Passport No.: 12When issued: 13Where issued: 14Issued by: 15ID Card No.: 16When 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 Embassy Consulate Airline Charterers Police Security 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 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/ incidents 1,955 stowaways Total cost: USD 14.3 million including fines imposed by States Period: 20/02/2011 – 20/02/ 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: 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 31Rule 32 Diversion ExpensesStowaways, 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 data to share with the IMO and with national coast guards in the Med??

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