Stowaways

STOWAWAYS
Stowaways
2
 Stowaway – “a person who is secreted on a ship, or in a

cargo which is subsequently loaded on the ship, without the
consent of the shipowner or the master or any other
responsible person, and who is detected on board after the
ship has departed from a port and is reported as a stowaway
by the master to the appropriate authorities”.
 Refugee - any person outside their country ….. fear of
persecution …….. unable or unwilling to return.
Safeguards against Stowaways
 International convention relating to stowaways was adopted in
Brussels in 1957, but it has not yet entered into force
 high-risk areas for stowaways in certain parts of the world
 safeguards should be observed:
1) Watch to be kept on the accommodation ladder or gangway;
2) Stevedores if allowed to work in RA with watch posted.
3) Open spaces should be closed as far as possible.
4) A search of the ship should be carried out before the ship sails.
5) All open-top containers on the quay should be checked. All
containers on the quay should be stacked door-to-door, if
possible
IMO Guidelines – how to treat
 IMO Resolution A.871(20), adopted on 27 November 1997, Annex,
“Guidelines on the Allocation of Responsibilities to seek the
successful resolution of stowaway cases”
 (9) basic principles with respect to stowaway cases
 stowaway/asylum-seekers should be treated in compliance with
international protection principles as set out in international
instruments (including the UN Convention relating to the Status of
Refugees of 28 July 1951 and the UN Protocol relating to the Status
of Refugees of 31 January 1967) and relevant national legislation,
 stowaway incidents should be dealt with humanely.
 Due consideration on safety of the ship & well-being
Master’s responsibilities
 IMO Guidelines lists responsibilities of the Master as follows:
1) to determine immediately the port of embarkation;
2) to establish the identity, including the nationality/ citizenship;
3) to prepare a statement & information in specified standard
document annexed to these Guidelines;
 to notify shipowner,
 appropriate authorities at the port of embarkation,
 the next port of call and
 the flag State;
 not to depart from planned voyage for disembarkation
- unless repatriation arrangement & permission, or
- unless there are extenuating security or compassionate reasons;
 to ensure the requirements of the next port authorities;
 to ensure the security, general health, welfare and safety of the
stowaway until disembarkation.
Stowaway Procedure
 Official Log Book entry

Report
Ship Owner Manager  Search their
documents/travel
documents (some may
P&I Club Managers try to destroy all clues
as to their identity.)
 Their belongings and
P&I Correspondent articles may serve as
clues to their origins to
Next Port Agent return to his own
Port State Other Authorities country.
Stowaway - interview
 Each stowaway found should be individually interviewed in order to
establish the following details:
 name of stowaway;
 stowaway’s date and place of birth;
 nationality of stowaway;
 name, date and place of birth of either or both of the stowaway’s

parents;
 postal and residential address of the stowaway and either parent;
 stowaway’s passport or seaman’s book number, together with date and

place of issue; and
 stowaway’s next of kin, if different from above.
[ref: to Resolution A. 871(20)]

Stowaway – how to treat?
 Photographs of each stowaway to be taken transmitted to the P&I club
correspondent;
 All stowaways should be locked securely in their accommodation when
approaching any port or nears any land. [to bear in mind the possibility of
the stowaways’ escape through open scuttles.]
 However, should not be locked when the vessel is at sea and well clear
of land unless they are considered a threat to the safety of the ship or
personnel on board. [Consideration on possibility of unguarded stowaways
launching a liferaft or boat in an attempt to reach land.]
 adequate food, water, sanitary facilities, etc. to be provided.
 to be treated in a humane manner.
 not to be made to work for their keep.
 Not to engage in Crew Agreement, but prepare “Stowaway List” ready
for production to port officials.
Who involved – Claims
 Solving stowaway cases is difficult because of different national
legislation in each of the potentially severalFuel
countries involved:
 country of embarkation,
 country of disembarkation,
 Flag State of the vessel, Insurance Wages

country of apparent,
claimed or

actual nationality/
citizenship of the P&I Claim
stowaway, and
 countries of transit during
repatriation Port
Provision
charges
Stores
Stowaway Procedure
 “stowaways arriving at or entering a country without the required
documents are, in general, recognized as “illegal entrants”.
 Men on the spot, Master, port authorities & Administrations should
cooperate as far as possible in dealing with stowaway cases
 Agent should be notified well in advance of arrival
 under the U.S. Refugee Act 1980 a stowaway who arrives in the
USA can request “political asylum”
 Immigration and Naturalization Service (INS) stipulates
shipowners are obliged to provide 24-hour armed guards during the
entire asylum – process can take time in months
(in some cases, owner incurred costs > $1m for such detention)
 many countries impose very heavy penalties (in some cases of over
US$ 200,000) on Masters who fail to ensure that stowaways are
kept securely on board in port

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STOWAWAYS

 Stowaway – “a person who is secreted on a ship, or in a

 Official Log Book entry

 stowaway’s date and place of birth;

 name, date and place of birth of either or both of the stowaway’s

 stowaway’s passport or seaman’s book number, together with date and

[ref: to Resolution A. 871(20)]

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