Beacon No. 1 2004 - Skuld

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LOSS PREVENTION By Nicola Mason, Vice President, Deputy Head of Skuld’s Hong Kong syndicate The risks of stowaways Stowaways pose a threat to the vessel, its crew and – as highlighted by recent terrorist attacks – national security. Financial costs are often substantial, with potential fines against both the Master and the owners adding to the burden. How do you stop stowaways getting on board and how will ISPS help? There have been many reports in recent years regarding stowaways. For example: The News (Monrovia) (www.allafrica.com, 8 April 2004): "Four teenagers believed to be Liberians are reportedly being treated for malnutrition after an incredible sixteen-day voyage to Argentina inside a ship’s anchor compartment". Debka Mideast News, 14 June 2002: "Container Stowaway Terrorists Steal into America. In the two last months between 75 and 125 operatives of the fundamentalist terror network al Qaeda are known to have illegally penetrated the United States, mostly through American ports." Xinhua news report Beijing, 24 March 2004: "Chinese police captured a total of 5,286 stowaways and 444 human traffickers in a five-month campaign from October 2003 to March this year". Human traffickers are not confined to China. The Xinhua News Report of 24 March 2004 goes on to state "the police in northeastern Jilin Province arrested eight human traffickers, including one from the US and two from the Republic of Korea". 16 BEACON It’s a lucrative business, with human traffickers making substantial sums. CNN news reported on 14 January 2000 that Chinese gangs were thought to "generate $10 billion a year in organised crime." Threat leading to the vessel and crew A stowaway or group of stowaways can pose a physical threat if they become violent. Assuming the stowaway(s) can be contained in a cabin, if they cannot be discharged quickly at a convenient port, and they have to remain on board the vessel for a substantial period of time, this can also cause psychological distress to the rest of the crew. In a recent case handled by Skuld, six stowaways entered the vessel at Douala in December 2003. The stowaways hid in the trunk of cargo crane no. 4 and were discovered several days after leaving port. Advice was sought from fifteen countries on the vessel’s sailing schedule as to whether the stowaways could be discharged in any of their ports. Of the countries approached, the only ones that seemed positive were Dakar, Ivory Coast and Portugal (with limitations). The six stowaways were confined in a cabin, causing inconvenience to the crew and the Master. Every time the vessel came near a port, the stowaways would become agitated and rowdy. The expense to the owners in maintaining the stowaways, making enquiries to have the stowaways discharged at various locations and appointing guards where necessary was considerable. In addition, the crew was distressed and was working in an environment where they felt physically threatened by the stowaways. After two months, in February 2004, the six stowaways were successfully discharged from the vessel at Dakar and thereafter repatriated. There is also a further risk to the crew that should be considered. A stowaway could have an illness and by coming into contact with the crew, could pass that illness on (see also article on p.11). Xinhua news reported on 5 June 2003 "Fevered stowaway deported after being cleared of SARS at Tianjin port." Handle with care – stowaways can infect crew members
Photo: Scanpix A stowaway from the Dominican Republic, injured in a scuffle with crew members on the Cypriot-flagged cargo ship Columbia One, is lowered off the ship in Miami Potential for terrorism A headline in the Boston Globe on 26 March 2004 read, "FBI denies link between terrorist, LNG tankers". The article referred to an accusation that terrorists had entered Boston as stowaways on LNG tankers from Algeria. Although the FBI concluded that the stowaways had no terrorist links, this does highlight the danger from stowaways if their motive is terrorism. Even where the stowaways are not found to have any terrorist motives, they can still present difficulties to members if they come from designated high-risk areas. In early 2001, well before the 9.11 terrorist attacks in the USA, two Iraqi stowaways were disembarked at a port in Photo: Courtesy of the U.S.Coast Guard the USA. The US Immigration Authorities detained them in a federal prison. A charge of USD 100 per day was levied against owners for the stowaways. The stowaways are still in detention and, given the present political climate, are not expected to be released in the near future. Costs involved The stowaway represents a financial burden to both owner and charterer. In the present market, where owners have a better bargaining position, they may negotiate clauses into their charterparties that place liability for the cost of stowaways on charterers, or share the cost burden depending on how the stowaway got on board. If a stowaway cannot be discharged at the next convenient port, he will have to be maintained on board the vessel with food, clothing and water. This results in extra overtime for the crew if they have to act as guards. Most ports require the Master to declare that a stowaway is on board the vessel. Some ports may require that guards be employed on the vessel to ensure that the stowaway does not escape. Fines may be levied against both the Master and the owners. Depending on the location, the fines could be substantial. The South African Immigration Authority has a pure fine (non-refundable) of around Rand 2,500 (about USD 300) per stowaway. Should the Master of the vessel fail to declare the presence of a stowaway, a further non-refundable fine of Rand 10,000 (about USD 1,200) will be imposed. In Australia, under section 229 of the Migration Act, a maximum penalty of AUD 10,000 (about USD 6,700) can be levied regardless of whether the stowaway escapes or remains on the vessel. It is an offence to bring a noncitizen that does not hold a visa into the country. How to stop stowaways getting on board High risk areas South Africa, Morocco, Tanzania, Algeria, West Africa, Eastern Europe, Colombia and China are high-risk areas where total vigilance is required. Container ships There is an organised criminal industry dedicated to the trafficking of humans. Container vessels are vulnerable to stowaways and extra care must be taken. • Examine empty containers and softtop containers. If the container has holes on the top or sides, this may be an indication that the cargo is human • Where the vessel is required to remain at port longer than usual and receives cargo during that period, enquiries should be made and a detailed inspection carried out of the containers received • The crew should focus attention on the seals to ascertain whether they have been tampered with, look unusual or are missing BEACON 17
Page 1 and 2: Chicken Run - killer viruses, now a
Page 3 and 4: CONTENTS PAGE 6 PAGE 10 PAGE 16 PAG
Page 5 and 6: a growing market She is familiar wi
Page 7 and 8: Marine bulk carrier and tanker vess
Page 9 and 10: LOSS PREVENTION Photo: Scanpix Cond
Page 11 and 12: iruses, now and forever First there
Page 13 and 14: Bird flu has jumped the species bar
Page 15: Photo: Courtesy of the U.S.Coast Gu
Page 19 and 20: The U.S. Coast Guard prepare to sea
Page 21 and 22: Around 60% of Smit Salvage’s work
Page 23 and 24: Don’t let the ISPS Code put your
Page 25 and 26: Suit For the purposes of English la
Page 27 and 28: LEGAL NOTES Ronny Larsen, Claims Ex
Page 29 and 30: Photo: Scanpix U.S. Courts adopt a
Page 31 and 32: Contact Skuld HONG KONG Christian R

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