Key steps in case of crew abandonment

According to the guidelines, upon discovery of a case of abandonment of seafarers, the port State control or other parties should immediately report the case to the port State authority where the abandonment incident occurred and to the ILO for inclusion in the ILO/IMO Database on reported incidents of abandonment
of seafarers.

The port State should then carry out investigation and necessary coordination work with relevant agencies within the port State. The port State authority should also notify the parties involved, such as the shipowner, flag State, States of which the seafarers are nationals, and any relevant seafarers’ representatives and/or organizations  about the case of abandonment of seafarers through any appropriate channel.

Upon receiving notification of a case of abandonment of seafarers, the flag State authority should urge the shipowner or financial security providers to fulfil their responsibilities, in accordance with the MLC, 2006, as soon as practicable by setting a reasonable time frame taking into account the well-being of the seafarers.

Should the shipowner fail to undertake its responsibilities within the timeline referred to in paragraph 20, the flag State authority will take the lead and coordinate with the relevant parties to resolve the case of abandonment of seafarers.

Should the shipowner and the flag State fail to undertake their responsibilities, the port State authority will take the lead and coordinate with all relevant parties to resolve the case of abandonment of seafarers.

At the same time, where there is a document providing evidence of financial security under Regulation 2.5 of the MLC, 2006, the seafarers should receive assistance in contacting the financial security provider to access rapid and effective financial assistance. The flag State authority and/or the port State authority should facilitate the provision of the required assistance by the financial security provider.

In cases where there is no financial security or the financial security has expired or is not sufficient, the flag State, port State and States of which seafarers are nationals should arrange for the repatriation of the seafarers and will coordinate with local relevant government agencies and/or parties, such as seafarer and shipowner organizations and seafarer recruitment and placement services, to solve the abandonment case together.

Some other practical efforts may be undertaken by relevant government agencies and non-government entities, such as seafarers’ unions and charity organizations. It is encouraged that necessary maintenance and support of seafarers such as adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care, be provided.

In order to eliminate potential safety hazards, the port States and the flag States should establish a consultation mechanism for the resolution of cases of abandonment of seafarers. The flag State and the port State are encouraged to develop a domestic Standard Operating Procedure (SOP) in accordance with these Guidelines.

Such a domestic SOP should explicitly define the liabilities and obligations of the flag State authority and the port State authority, and the roles to be played by the rescue departments, the shipping agency, seafarers’ organizations, shipowners’ organizations, seafarer recruitment and placement services and other parties involved, referring to international conventions as necessary.

A case is considered resolved when all seafarers who want to be repatriated and all seafarers who must be repatriated in accordance with the MLC, 2006, have been repatriated and when the seafarers’ outstanding wages and entitlements of the crew have been paid in full.