OVERVIEW

The Nigerian Maritime Administration and Safety Agency ("NIMASA") issued a Marine Notice MN 05/20/SN02 (the "Notice") which was addressed to all Shipping Companies Manning Agents, Seafarers, International Oil Companies (''IOCs''), Seaports, Terminal and Jetties Operators, Offshore Platforms and the General Public.

The Notice was issued in furtherance of the Presidential directive on COVID-19 (''the Directive'') on the Nation's Seaports, the IMO Circular Letter No. 4204/Add.14/1 on ship crew changes and travel during the coronavirus (COVID-19) pandemic and NIMASA's Marine Notice2 MN 04/20/SN01 on the Extension of Validity of Statutory and Trading Certificates for Nigerian Vessels.

Furthermore, the Notice covers the responsibilities of seafarers when joining and leaving a vessel as well as shipping companies and/or agents.

The Notice states:

SEAFARERS

Paragraph 1 of the Notice recognises the duties of Seafarers' onboard ships and offshore platforms in anchorage, seaports, offshore, terminal and jetties as essential to the Nigerian economy. As a result, seafarers should be granted passage to and from their respect vessels on crew change at anchorage, seaport, offshore, terminal and jetties.

SHIP OWNER/SHIPPING COMPANIES/MANNING AGENTS

Paragraph 2 of the Notice requires Ship Owner/Shipping Companies/Manning Agents to have their distinctive company procedure for the joining and signing-off of seafarers. These procedures shall be in line with national and international practices as prescribed for COVID-19 by the Presidential Task Force (the ''PTF''), Nigeria Centre for Disease Control (the ''NCDC''), the Port Health Services (the ''PHS'') and NIMASA.

SEAFARERS TRANSPORTATION

Paragraph 3 of the Notice requires special and dedicated means of transportation for seafarers by companies. Furthermore, the Notice mandates that these means of transportation shall be fumigated and/or disinfected before being used within the recommended minimum hours before boarding the vessel.

ISOLATION CENTRES

Paragraph 4 of the Notice notes that isolation centres are meant for people exposed to COVID-19 and requires that shipping companies and/or agents should obtain approval for any isolation centre within the airport/seaport/terminal/jetty of joining or sign off of the seafarer(s) from the NCDC.

FOREIGN SEAFARERS

Paragraph 5 of the Notice stipulates that foreign seafarers arriving Nigeria through the airport, anchorage or leaving a vessel at the anchorage, seaports terminal offshore platforms and jetties shall adhere to strict requirements of the national requirements on COVID-19 and the steps of the Notice.

JOINING THE VESSEL

Paragraph 6 of the Notice prescribes requirements for seafarers when joining vessels and states as follows:

  1. Before commencing any journey from home, location or place of residence to join a vessel or offshore platform, at anchorage/seaports/terminal/offshore platform/jetty, seafarers shall meet the National requirements on COVID-19 and at all travel locations, observe the standard guidelines issued by the PTF, NCDC and PHF on preventing the spread of COVID-19 in Nigeria.
  2. In addition to other guidelines, the seafarers shall:
  1. At all times familiarise himself/herself with travel information;
  2. Confirm from their company and/or agent, date and means of his/her travel from home/location/place of residence to the vessel in anchorage, seaport, terminal, offshore platform or jetty;
  3. Always have a means of identification as a seafarer;
  4. Always have their crew health medical certificate of fitness; and
  5. Always require a joining instruction and introduction letter as a seafarer from the shipping company.

LEAVING THE VESSEL

Paragraph 7 of the Notice prescribes requirements for seafarers when joining vessels and states as follows:

  1. Before leaving any vessel or offshore platform at anchorage/seaports/terminal/offshore platform/jetty for his/her home, location or place of residence, seafarers shall meet the National requirements on COVID-19 and at all travel locations, observe the standard guidelines issued by the PTF, NCDC and PHF on preventing the spread of COVID-19 in Nigeria.
  2. In addition to other guidelines, the seafarers shall:
  1. At all times familiarise himself/herself with travel information;
  2. Confirm from their company and/or agent, date and means of his/her travel from the vessel at anchorage/seaport/terminal/offshore platform/jetty to his/her home/location/place of residence;
  3. Always have a means of identification as a seafarer;
  4. Always have their crew health medical certificate of fitness; and
  5. Always require a joining instruction and introduction letter as a seafarer from the shipping company.

SHIPPING COMPANIES

Paragraph 8 of the Notice mandates all shipping companies to submit its crew list to NIMASA with the information contained in Paragraph 6b (i-v) and 7b (i-v) before leaving or joining the vessel.

Finally, all shipping companies and/or agents have been directed thus:

  • Shipping companies and/or agents shall strictly comply with the terms of engagement with the seafarers concerning welfare, health, wages, safety and security onboard vessels in transit during and after the COVID-19 pandemic3; and
  • Shipping companies and/or agents shall develop and implement a contingency plan and risk assessment on COVID-19 for their companies.

COMMENT

NIMASA is the apex regulatory body of the Nigerian maritime industry and under the Act establishing it, its functions cover maritime labour4 as well as the regulation and development of matters pertaining to merchant shipping and seafarers.5

In the wake of the COVID-19 pandemic, it has resulted in changes in several sectors and the maritime industry is not left out. Therefore, the subjects of this Notice have a duty to comply with the directives of NIMASA as contained in the Notice.

CONCLUSION

The far-reaching effect of COVID-19 has made it imperative for the issuance of fresh regulations and directives from government agencies, such as NIMASA. Therefore, organizations in the maritime industry need to ramp up compliance and stay abreast with developments locally and internationally.

We are able to provide the required legal support and advice in this respect.

Footnotes

1 http://www.imo.org/en/MediaCentre/HotTopics/Documents/COVID%20CL%204204%20adds/Circular%20Letter%20No.4204-Add.14%20-%20Coronavirus%20(Covid-19)%20-%20Recommended%20Framework%20Of%20Protocols.pdf

2 https://nimasa.gov.ng/extension-of-validity-of-statutory-and-trading-certificates-for-nigerian-vessels/

3 This is in line with Section 27 (a) of the Nigerian Maritime Administration and Safety Agency Act 2007 

4 The interpretation section of the Act describes states that Maritime Labour includes dockworkers and seafarers.

5 Section 22 (a) of the Nigerian Maritime Administration and Safety Agency Act 2007

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.