Once stowaways are successfully hidden on board before the ship sets sail, its subsequent repatriation is a very difficult problem. First of all, it is difficult to confirm the identity of stowaways, and there are also concerns about the health and security of stowaways on ships, as well as the problem of receiving smugglers at the port of discovery and the next port. If a stowaway is found to be hidden on the ship, the captain should promptly inform member companies, associations and relevant port agencies in order to arrange the disembarkation and repatriation of stowaways as soon as possible, which is crucial for the ship to be allowed to leave the port as soon as possible, resume normal operations, and reduce the risk of fines from the authorities at the place of disembarkation. This article reminds members to pay attention to some precautions for dealing with smuggling on board.
1. General procedures for handling smuggling cases
If stowaways are found on board, they should be reported to the company immediately, and the stowaways should be relocated and supervised.
After the resettlement and supervision of the discovered stowaways, the captain should immediately arrange for the crew to carefully inspect other parts of the ship to confirm whether there are other stowaways hidden. Inquire and investigate the stowaways that have been discovered, and take photos and video records.
Before calling at the port of destination, the ship should inform the members and the association of the confirmed number of stowaways, nationality, the situation of the next port, ETA, and the expected length of stay.
The association will consult with the general representative to find out whether it is possible to repatriate stowaways locally, the formalities, documents and approximate costs required to repatriate the stowaways.
After the ship arrives at the port, the general agent and shipping agent are responsible for contacting the port authorities, immigration bureau and other relevant departments to obtain permission to escort the stowaways off the ship.
The ship shall cooperate with the authorities in escorting the stowaways off the ship and returning the stowaways to their countries of origin.
2. Review of smuggling cases
Before the bulk carrier docked at the port of Owendo in Gabon, a stowaway was found hiding in a lifeboat through a routine anti-smuggling check. Upon inspection by the crew, it was found that the stowaway’s mobile phone contained a photo of the stowaway’s identity document, showing Cameroonian nationality. After learning of the member’s report, the association immediately arranged for the local agent to assist in arranging the disembarkation and repatriation of the stowaways, and assisted the members in notifying the authorities of the Port of Ovendo, the Immigration Department, and the Ministry of Transport and Maritime Affairs in Gabon, and applied for permission to escort the stowaways off the ship. The ship checked again and confirmed that only one stowaway was on board. Tongdai confirmed to the members the regulations of the Gabonese authorities regarding the disembarkation of smugglers and the subsequent repatriation of smugglers, and confirmed that the ship could leave the port of Ovendo and resume normal operations after the stowaways were escorted off the ship. The member prepaid the estimated fine and the cost of disembarkation and repatriation of the smuggler to the agent while waiting for the Gabonese authorities to issue permission for the stowaway to disembark. Since the smuggler was a repeat offender, the Gabonese authorities contacted the Cameroonian embassy and consulate to discuss follow-up arrangements, and the disembarkation permission was not given until 7 days after the Gabonese authorities received the application. During this period, the stowaway was emotional, boarded the main deck, and attempted to jump into the sea several times. After the stowaways were escorted off the ship by the authorities, the ship successfully resumed follow-up operations and went to the next voyage; The member’s responsibility for the subsequent repatriation of the stowaway was confirmed with the general representative, and it was also terminated by the Gabonese authorities’ decision to punish the stowaway with criminal means.
3. Experience in handling smuggling cases
In this case, the crew obtained the identity documents of the stowaways in a timely manner by checking the stowaways’ belongings, and learned that the smugglers were Cameroonian nationals, which was conducive to the communication between the Gabonese authorities and the Cameroonian embassy and consulate, improved the efficiency of the Gabonese authorities in approving the disembarkation of stowaways, and reduced the delay time of the ship in Gabonese ports. Through the active cooperation of the members with the authorities in this case and the assistance of the association’s appointment, the members were not punished. Only 4 million West African francs (about US$6,500) were fined (the Ministry of Transportation, the Immigration Department, and the port can each fine 1 million to 2 million West African francs according to the law, that is, the maximum fine can reach 6 million West African francs (about US$9,800). In this case, the stowaway boarded the main deck and tried to jump into the sea many times, although the stowaway failed to succeed under the efforts of the crew, but this incident also brought great pressure to the ship. Therefore, it is hoped that members will be aware of the potential unpredictability of stowaways, remain vigilant and properly supervise smugglers, and beware of escalation.
4. Loss prevention suggestions
For the prevention and mitigation of losses caused by African smugglers, members should pay attention to:
For specific suggestions, please refer to the CSSC P&P Circular [2010] No. 02 “Circular on the Prevention of Smuggling Cases” issued by the association and the loss prevention articles “Christmas is approaching, the number of smuggling cases in South Africa is surging, please beware of illegal personnel boarding the ship” and “Anti-smuggling Guide”.
Strengthen routine measures to prevent smuggling on board (such as: increasing the frequency of irregular patrols, equipping inspectors with flashlights, strengthening blind spot lighting of mast lights, conducting comprehensive inspections before leaving the port, locking the large cabin and warehouse that are not opened and sealing, and using search dogs to search for whether there are stowaways hidden in a small space; During the loading and unloading of dock workers, strengthen the verification and management of the number of dock workers and inspectors on board and work permits).
Record and report the time and place when the stowaway is found, the physical condition of the stowaway, the length of time on the ship, the condition of the belongings, the specific identity, and the situation of relatives, and remind the crew to check whether there are contraband (such as weapons, drugs, etc.) hidden around the stowaway or the identity document he is preparing to destroy.
Record and inform the port where stowaways boarded the ship and their specific boarding routes; If the stowaway is following the goods on board, keep the evidence for subsequent claims from the charter.
Once stowaways are found on the ship, they should be transferred to a safe and independent locked room in time (if there are multiple stowaways, attention should also be paid to allowing them to live separately to prevent the risk of infectious diseases and other risks, and also reduce the difficulty of daily supervision of the crew); At the same time, inform member companies and associations so that they can arrange for the intervention of the general agent and provide advice on the subsequent supervision measures for stowaways on board, so as not to violate the laws and regulations of the place of disembarkation or cause other adverse effects.
The captain shall arrange for the crew to inquire about the stowaway as soon as possible, check the documents and other items they carry, fill in the inquiry form provided by the general agent and provide it to the association and the general agent in a timely manner, and draft the corresponding maritime declaration. The inquiry information usually includes, but is not limited to, the stowaway’s name, gender, place of birth, nationality, date of birth, marital status, occupation, language, identification, names of relatives and contact information. At the same time, stowaways can be asked to name their country’s currency, the name of the prime minister and president, the capital of the country, etc., in order to verify their identity. At the same time, they are asked to inform the time, place, and method of boarding the ship, and whether there are other smugglers together. And take photos and videos of them to understand their health status. Check the hiding place to verify whether what the stowaways say is true.
Do not arrange for stowaways to work on ships, nor allow smugglers to leave their locked rooms without permission, so as to avoid injury and illness on board as far as possible. At the same time, it also minimizes the contact time between the crew and the stowaways, thereby reducing the risk of the crew assisting the stowaways to hide and escape.
Record and report the humane treatment given to stowaways during the ship (such as meal supply standards, accommodation conditions, personal cleaning facilities, walking time with crew supervision, etc.) and the physical and mental condition of stowaways when they are discovered and disembarked, so as to prevent smugglers from knocking on bamboo poles (asking for “pocket money” from the ship, etc.) before disembarking or slandering the crew members after disembarking.
Conclusion
Generally speaking, it is relatively easy to find stowaways before departure and arrival, and it is relatively easy to send them to the shore authorities for handling, and there is no need to bear the responsibility of repatriating the stowaways. If a stowaway is found on the ship, the members are requested to contact the association as soon as possible, and instruct the crew and shipping agents to cooperate with the collection of materials arranged by the association and the notification work to the authorities, and apply for permission from the authorities to escort the stowaways off the ship, and try to complete the disembarkation of the stowaways before the ship leaves the port, so as not to delay the ship schedule.
