Togo-flagged FOC vessel is detained in Nakhodka

Yesterday, Inspectors of the Far Eastern Territorial Organization of the Seafarers' Union of Russia together with the assistant of the Nakhodka Transport Prosecutor's Office and Port State Control Officers visited the MV "Winner" (flag of Togo, IMO 9254783), berthed at the Sea Commercial Port of Nakhodka under the loading of lumber destined for China.

The beneficial owner and operator is London-based "SV Invest LTD". The crew consists of 13 Russian seafarers. The Inspectors explained to the Captain of the vessel the purpose of their visit, and told about a 3-month Concentrated Inspection Campaign launched by the Paris and Tokyo Memorandums of Understanding on Port State Control from the 1st of September in ports of Europe and Asia. If serious violations of employment contracts, like non-payment of seafarers' wages, are found during inspections, vessels can be detained. The aim of this campaign is to ensure that seafarers' rights are not violated.

 

Seafarers should have employment agreements containing provisions on wages, paid leave, and right to repatriation from a foreign port.

The Captain has been asked to provide payrolls for the last two months and the seafarers' individual contracts. There were no payrolls available on board the vessel. The seafarers had been recruited through the Vladivostok-based crewing agency "ECO". Individual contracts were in place. T

he seafarers' contracts have been signed on behalf of the company "SV Invest LTD" by an agent under a power of attorney, but neither the phone number nor the address of this agent were indicated anywhere. Declaration of Maritime Labour Compliance Part II, signed by the managing director of the Irish company, was available on board the vessel, but it contained neither the company's address in Russia nor its phone number.

In fact, it turns out that according to the Declaration, Part II, the beneficial shipowner is the Irish company Emerald Invest Ltd from Northern Ireland, and the seafarers' employment agreements were signed by proxy from the London-based company SV Invest LTD. When requested to explain the current situation regarding the seafarers' employment agreements, the Captain told that the operator had changed recently, and they had not yet received a new Declaration. The vessel currently has a temporary certificate.

The Assistant of the Nakhodka Transport Prosecutor's Office asked the Captain to gather the crew members in the mess-room for inquiry: he wanted to know who had not been paid wages for the last two months? At the same time, Port State Control Officers inspected the technical condition of the vessel and life-saving equipment. FETO SUR Inspectors checked insurance certificates and asked the crew about the amount of insurance payout in case of a fatal accident on voyage which the specified in the employment agreement next of kin should receive. It turned out that the crew members did not know the insurance amount, since it was not indicated in their employment agreements or its Appendixes.

Having completed the inspection of the vessel, the PSC Officers decided to detain the vessel at the port of Nakhodka until the wage debts were fully paid off and the deficiencies concerning the technical condition of the vessel were addressed. T

he crew was given books on the rights of seafarers working on flag of convenience vessels and fresh magazines "Maritime Unions Herald", which tell about the activities of the Seafarers' Union of Russia. The seafarers who are not yet the SUR members were advised to join the ranks of the maritime trade union and stand together for their rights. A notice will be sent to the shipowner about the need to conclude a collective agreement with the Seafarers' Union of Russia. The crew members thanked the Union representatives for their assistance and support.

Photo: FETO SUR