LOSS PREVENTION

July 2008 BRIEFING

Loss prevention briefing for North of England Members PEOPLE

Stowaways
Contents
Introduction 2 
Types of stowaways 2 
Stowaway hot spots 3 
Preventing stowaways 3 
Disembarkation and repatriation arrangements 4 
Dealing with stowaways on board 6 
Stowaway checklist and questionnaire 7 
International Ship and Port Facility Security (ISPS) Code 7 
Role of the charterer 7 
IMO Guidelines 8 
P&I cover for stowaways 9 
Conclusion 10 
Further information 10 

Disclaimer
The purpose of this publication is to provide a source of information which is additional to that available to the maritime industry from
regulatory, advisory, and consultative organisations. Whilst care is taken to ensure the accuracy of any information made available no
warranty of accuracy is given and users of that information are to be responsible for satisfying themselves that the information is relevant
and suitable for the purposes to which it is applied. In no circumstances whatsoever shall the Association be liable to any person
whatsoever for any loss or damage whensoever or howsoever arising out of or in connection with the supply (including negligent supply) or
use of information.
Unless the contrary is indicated, all articles are written with reference to English Law. However it should be noted that the content of this
publication does not constitute legal advice and should not be construed as such. Members should contact the Association for specific
advice on particular matters.

1
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

 Stowaways
immigrants they accept, forcing migrants to travel
Introduction illegally, often by ship. Although vessels may be far
more vulnerable in hot spots such as some African
ports, there is almost no port in the world that can
With the implementation of the International Ship
be considered completely safe from stowaways.
and Port Facility Security Code (ISPS Code) in July
2004 there was some optimism that, whatever else The 1965 Convention on Facilitation of International
it might do, increased port security would reduce Maritime Traffic (FAL Convention) defines a
the number of stowaways that are so time- stowaway as;
consuming and expensive to deal with.
“A person who is secreted on a ship, or in cargo
In many ports the ISPS Code paperwork might be which is subsequently loaded on the ship, without
in order, but actual security may still be below the consent of the shipowner or the master or any
standard and allow stowaways access to ships. other responsible person and who is detected on
Although some ports are striving to improve, board the ship after it has departed from a port, or
existing deficiencies provide ample opportunity for in the cargo while unloading it in the port of arrival,
potential stowaways to gain access to the port area, and is reported as a stowaway by the master to the
and thus the ship. Unfortunately, those ports with appropriate authorities.”
the least amount of security tend to be the ones that
have traditionally supplied the greatest number of Different types of stowaways present different
stowaways. problems to ship’s staff and may require distinctive
action to be taken. Considerable investigation,
A gradual increase in related costs follows ever- identification and repatriation costs can be incurred,
hardening attitudes, mostly in Europe and North which are usually passed on to the shipowner. It is
America, towards the handling of stowaways. To therefore useful for Members and seafarers to
disembark and repatriate stowaways requires the understand the type of people they are dealing with.
co-operation and often the assistance of the local
immigration authorities. Even though related Refugees
expenses are paid for by the shipowner, the
Association is finding more and more that the Refugees will be attempting to escape
necessary help is not forthcoming. war, civil unrest, or political or
religious persecution. These
Instead, stowaways are required to remain on stowaways tend to be impulsive and
board, the owner will often have to provide a often have no papers.
security bond and the vessel may even incur a fine,
which can be substantial. Worse still, under the Economic migrants
ISPS Code, the presence of undocumented
individuals on board can be construed as 'clear Other migrants may simply be moving
grounds' of a security breach so that port authorities in an attempt to obtain a better standard of living.
that take their security obligations more seriously
can delay the vessel's clearance for a berth while Asylum seekers
the matter is investigated. Asylum seekers are refugees trying to reach a
This briefing will look at steps that Members and country where asylum may be granted, or economic
ships’ staff can take to prevent stowaways, what to migrants claiming asylum so as not to be
do if stowaways are found, and some of the repatriated. They will often try to conceal their true
insurance implications. identity or adopt the nationality of an area where
there is conflict.

Types of stowaways Illegal immigrants

In contrast, most illegal immigrants
People stow away on ships for many reasons but
usually do not intend to make their
usually they are attempting to leave a region of
presence known to the authorities,
conflict, instability, or social or economic deprivation
hoping to enter a country undetected.
for a country where they expect there to be stability,
opportunity and a better way of life.
As the number of refugees and migrants increases
worldwide, many governments are hardening their
attitudes and reducing the number of legal

2
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

Criminals Australasia remains an area in which there seems
to be only marginal activity. Members should be
The last type of stowaway, and perhaps the most aware however that whilst their vessels may be far
worrying, are criminals. They may be violent and more vulnerable to the problems of stowaways in
uncooperative and may be involved with drug African ports, there is almost no port in the world
transportation or other illegal activities. which can be considered completely safe and
Stowaways are generally treated as illegal therefore it is necessary to remain vigilant at all
immigrants at the port of disembarkation in times. Once African stowaways have boarded a
accordance with the legislation of the countries vessel, they tend to be far easier to disembark and
concerned. However, stowaways who request repatriate than say their Palestinian, Iraqi or
asylum should be treated in accordance with the Vietnamese counterparts, so although the risk of
relevant United Nations’ conventions. They may be the latter may be less, the associated problems can
declared to be illegal immigrants later if an be far greater.
application for asylum is rejected by the immigration
authorities.
Preventing stowaways
Stowaway hot spots To minimise stowaway problems it is obviously
better to prevent people getting on board a ship in
It used to be that when shipowners requested the first place. Prevention should ideally take place
advice as to where in the world they needed to be both in the port and on the ship.
most diligent to prevent the boarding of stowaways, The problem of stowaways is in fact a very simple
the simple response was ‘anywhere in Africa’. security problem - it is one of access control. Since
Clearly this is very much a generalisation, but in the July 2004, control of access to the ship has been an
experience of the Association, the situation remains integral part of the Ship Security Plan required by
largely unchanged and African ports are still the the ISPS Code. The following paragraphs highlight
most likely point of embarkation by far. examples of the sort of measures ship operators
However, over the last few years a marked increase might include in Ship Security Plans to implement
has been noticed in the number of illegal the key areas of stowaway prevention - access and
immigrants boarding in Europe, particularly the restricted areas.
larger north European ports. The main reason for
this appears to be the industry involving the large Access
scale movement of human cargo. It is clear that At any level of security, access to the ship should
many economic migrants are lured by the promise be tightly controlled. Initially this means establishing
of a better future elsewhere despite the large sums the ways by which access can be gained, for
of money demanded in advance. This improved example using mooring ropes and cargo
organisation coupled with a general increase in equipment, as well as by accommodation ladders,
experience and know how, means that a stowaway gangways and ramps.
might have successfully completed part of his
journey before he even attempts to board a Approved access routes should be kept to a
Member’s vessel. minimum, if possible this should be limited to the
accommodation ladder, which should be
Shifting economic and political situations world-wide permanently manned and only authorised visitors
can also have an impact upon human migration and should be allowed to board. All persons boarding
since the early 1990’s there has been a substantial and disembarking should be
increase in the numbers from former Eastern positively identified by an
European countries, again much of it organised and appropriate means of
often using containerised and ro-ro cargoes headed identification, such as an
for Western Europe. identity card or boarding
The North of England experiences far less activity pass including a photograph,
in other areas of the world; occasionally the which can be verified.
Association becomes aware of stowaways boarding Having established controls
in Central or South America, but only rarely in North on the authorised access
America. In the Middle East there is also little routes, the unauthorised
activity. Not many stowaways embark on Members’ routes should be guarded.
ships in Asian ports at present, although this can This can be achieved by
depend more on the local economic and political closing and locking ship-side doors, removing over-
situation. side ladders, fitting guards on mooring ropes or

3
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

anchor cables and ensuring that the deck and over- usual thorough search before departing.
side areas are well lit. The deck areas need to be
patrolled regularly, the timing of patrols should be
staggered and security personnel may need to
observe the land and sea approaches to the ship.
Closed circuit television cameras could also be
used.
Preventing stowaways boarding with the cargo,
especially containers, is a particular problem that
requires the co-operation of the port or terminal
operators and perhaps the charterers. Ships staff
can however take some precautions such as
checking to make sure container seals are intact
and paying special attention to empty, open-top or
open-sided containers. Courtesy of USCG

Restricted areas
Although access to the ship is controlled, there is
still a possibility that unauthorised persons may get
Disembarkation and
on board, or that authorised persons such as
stevedores may try to hide. The second line of
repatriation arrangements
defence on the ship is to designate restricted areas In the event stowaways are found on board a
to which no one has access except authorised Member’s vessel, the Association will of course be
members of the crew. willing to assist Members in attempting to arrange
Examples of restricted areas are the bridge, disembarkation and repatriation. To enable this to
machinery spaces, crew accommodation, cargo happen as soon as possible it is vital that Members
spaces and stores spaces. Store rooms and other advise the Association as soon as they become
spaces should be kept locked, and entrances into aware of the presence of stowaways on board an
the accommodation and engine room may also be entered ship.
kept locked as long as fire and safety regulations If stowaways are found while the ship is in port or
are followed. If cargo is not being worked, hatches as the result of a stowaway search then they should
and cargo space entrances need to be closed and obviously be sent ashore. However, this may be
locked. The hatches, and hatch covers if landed difficult if they do not have identification or are not
ashore, should be checked before and during of the nationality of that country.
closing to make sure that no stowaways have
concealed themselves. Disembarkation of stowaways can be extremely
difficult. A successful outcome depends largely on
Fitting suitable locks, surveillance monitoring the nationality of the stowaways, the availability of
equipment and devices that detect intruders identification documentation, the vessel’s future
automatically can provide protection. Restricted schedule and most importantly the co-operation of
areas should also be patrolled regularly and the immigration authorities and port officials at the
guarded in times of heightened security. vessel’s future ports of call.

Stowaway search The following paragraphs summarise the steps that

need to be taken for the successful resolution of a
As a final precaution, and to supplement the stowaway case.
measures taken under the Ship Security Plan, a
stowaway search should be carried out before the Reporting
ship sails.
The master should contact the ship operators and
Rudder trunks the agent at the next port of call. The shipowners
must contact the P&I club as soon as possible, but
There has been a recent trend of stowaways hiding the master should also carry details of P&I
in rudder trunks on deep-draft vessels, where they correspondents so that he or she can contact the
are not often found until they present themselves in correspondent at the next port directly.
search of food.
Whilst the stowaways are on board the master
Some authorities have recommended that owners should ensure that they are declared to the
install metal gratings above the openings to their authorities at each port. Failure to declare may
rudder compartments in addition to carrying out the result in serious consequences for the master and

4
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

the vessel. It is possible that failure to declare the the stowaway and a full set of fingerprints will often
presence of the stowaways in certain ports may be required.
result in criminal charges against the master, delay
Once all the information has been obtained, the P&I
to the vessel and/or a substantial fine. The agent
correspondent can apply at the national embassy or
should be able to advise on local procedures and
consulate of the stowaway. Embassy officials may
obligations and ensure the appropriate parties are
sometimes interview a stowaway to satisfy
properly notified.
themselves that he or she is one of their nationals
In many countries the authorities will give no before they will issue temporary travel documents.
assistance, such that getting a stowaway Arrangements would then be made for the
repatriated is impossible even if the necessary documentation to be sent to the appropriate
travel documents have been arranged. The embassy or consulate in order that identification
immigration authority at the next port should then can be verified and hopefully an emergency travel
be notified. The Association will coordinate with the document can be obtained. Often several
P&I correspondents at the vessel’s scheduled ports embassies are contacted before a stowaway’s true
until the stowaways are successfully disembarked nationality and identity is confirmed.
and repatriated Search and question
Invariably, unless a stowaway makes a claim of
The stowaways should be searched to determine refugee status or political asylum very few
whether they are carrying any documentation which authorities will allow their disembarkation without a
may assist in their identification. A number of crew travel document. Under no circumstances should a
members should be present, ready to assist if the stowaway be forced into making a claim for political
stowaway reacts violently or unexpectedly. asylum against his will. If, however he expresses a
wish to make an application the stowaway should
The person carrying out the search of the stowaway
make a written request in his own language stating
and his belongings should wear protective latex
reasons why he cannot return to his home country
gloves and take care to avoid any sharp items, such
and this application should be provided to the
as a knife, needles, etc. Look into pockets first,
immigration authorities at the next port of call.
before putting your hands inside.
It is then recommended that the master interviews Repatriation
the stowaways individually to obtain as much
Once emergency travel documents have been
information as possible in respect of the stowaway’s
obtained it is then necessary to obtain the consent
alleged identification. Ideally, the master should
of the immigration officials, to agree to the
utilise an appropriate stowaway questionnaire such
disembarkation and repatriation of the stowaway.
as that provided by the Association, and which
This can be difficult due to the attitude of
accompanies this briefing. Masters should however
immigration officials in a number of jurisdictions
be aware that a high percentage of stowaways will
who are not willing to assist.
deliberately provide false details in order to hamper
repatriation. A passport-size photograph of each In ports where disembarkation is allowed, there are
stowaway should be taken and included with their often strict conditions attached, for example,
completed questionnaire. repatriation must be completed prior to the vessel’s
departure or alternatively the authorities may
At the next port of call the Club representative may
require a guarantee in respect of potential costs
be instructed to board the vessel to obtain further
involved. It is then necessary to consider the most
details of the stowaways, in addition to obtaining
direct and cost effective flight schedule. In most
the stowaway's photographs and finger prints.
circumstances either the immigration or airline
authorities will insist that stowaways are escorted. It
Obtaining travel documents is essential that when arranging flights,
Immigration authorities will only grant permission for consideration needs to be given as to whether visas
a stowaway to be repatriated if he or she has the will be required for transit airports. It is also
correct travel documents, or temporary travel necessary to obtain the approval of the airline.
documents have been issued by a national
Once all the necessary arrangements have been
embassy or consulate. Before the P&I
made repatriation of the stowaways can at last take
correspondent can approach an embassy or
place.
consulate for travel documents, the identity of the
stowaway must be established. This is not always
an easy matter and further questioning using an
interpreter may be necessary. It may require skilled
interviewers to obtain truthful answers from the
stowaway. In addition, passport-size photographs of

5
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

Dealing with stowaways Health and welfare
Whilst the Master is not a doctor, the mental or

on board physical health of the stowaways should be

monitored. Risk of infectious diseases should also
be considered and suitable precautions taken.
If stowaways are found, the master needs to take
action that follows the company’s procedures. Ship
operators and ships’ crews have a duty to treat
stowaways in their care humanely, whilst having
due regard for the safety of others on board.

Security
The temperament of the stowaways has an impact
on the safety of the crew. The likelihood of violent
behaviour arising amongst the stowaways
themselves, or being directed against the crew,
should be considered. The number of stowaways
onboard is also a consideration, especially if that
number is high in proportion to the number of crew.
In all cases the ship’s crew should take appropriate
security precautions.
A thorough search of the stowaways’ possessions
should always be conducted and any items that
could pose a threat to the ships crew removed.
These might include pen-knives, razors, and other These might include confining the stowaways to
objects that could be used as weapons. their quarters, reducing contact with the crew to a
minimum and separating any cutlery, crockery,
Stowaways should always be kept in a secure part
bedding and clothing from that provided for the
of the vessel such as a cabin or other suitable
crew. The condition of the stowaways and any
space where the doors can be locked and any
treatment or medicines administered should be
windows secured to reduce the risk of escape. The
recorded.
stowaways may feel sufficiently desperate to jump
overboard, so the added precaution of patrolling the The stowaways should always be provided with
remainder of the accommodation should also be sufficient food and water, although this need not
taken wherever possible. include preferential treatment when compared to
the normal crew meals.
Consideration might be given to dividing up a group
of stowaways, especially if there are a large number
in relation to the size of the crew.
Work
After the vessel arrives in port the Port Facility There may be a temptation to put stowaways to
Security Officer and immigration authorities will work, and avoid the additional inconvenience of the
determine what measures should be undertaken to crew guarding them, but this is strongly
secure the stowaways and prevent them escaping. discouraged. Claims for wages and associated
They may even insist that stowaways are placed crew benefits are often reported to the authorities
ashore in a custodial area and guarded. when the vessel next arrives in port. This can
aggravate the problem and cause delays to the
When the vessel does near port, the stowaways ship, including suspicion about how the stowaways’
may be more tempted to jump ship, especially originally gained access to the vessel.
those who have stowed away previously and are
familiar with the process of repatriation and the The ship is a dangerous place to live and work and
unlikelihood of being granted political asylum. stowaways have no training in health and safety
Should they manage to escape, heavy fines are awareness. If put to work they, or the
often imposed by the authorities. accompanying crew, are much more likely to be
injured, and this is likely to result in an obligation to
During these periods the levels of security and provide future care and maintenance, and possibly
awareness should be increased. To reduce the risk greater claims.
of stowaways receiving help to escape from crew
members that they have befriended, contact with
the crew should be kept to a minimum.

6
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

Emergency procedures arrangements and “clear grounds” that the ship is
not in compliance with the ISPS Code. This may
Due consideration should be given by the master to well lead to further difficulties in disembarking
how a stowaway will be handled in the event of an stowaways and additional delay and cost to the
emergency. It may be that a person is identified in Member. P&I cover may be reduced or rejected if
the ship’s crew to fetch and conduct the stowaway the club’s Directors consider that the Member did
to the appropriate place of safety in an emergency not take adequate steps to prevent the stowaways
situation. Likewise, a place will have to be made for boarding.
the stowaway in the ship’s lifeboat. If possible,
these provisions should be explained to the
stowaway, with instructions to follow and obey the
nominated crewman. If appropriate, the procedure
Role of the charterer
can be rehearsed at a normal ship’s drill, thereby
confirming to the master and to the stowaway that
adequate steps have been taken to provide for his
safety.

Stowaway checklist and

questionnaire
North of England produces checklists and
questionnaires to be kept on board ship and
photocopied when needed. The checklists provide
masters with guidance on prevention of stowaways
and the action to take if stowaways are found. The
questionnaires will help them prepare and send the
stowaway information required by the Flag State,
the authorities at the next port of call and the P&I
Club. Copies are available in Arabic, Chinese,
French, Portuguese and Swahili. Copies of the The expenses arising from the presence of
checklists and English version of the questionnaire stowaways on board a vessel are normally the
are included at the end of this briefing. responsibility of the owners or operator of that ship.
Members requiring additional copies of the However, it is possible that a charterer may also
checklists or questionnaires should contact the loss have an interest in, and responsibility for, some or
prevention department at the Association or all of the expenses involved, depending on the
download them from the Association's website: circumstances of the incident. For example,
www.nepia.com stowaways may have boarded by secreting
themselves away in the cargo, a particular risk in
the case of containers. They may, as another
International Ship and example, board as stevedores, for whom charterers
may also be responsible.

Port Facility Security It may be possible to argue from the point of view of
basic legal principles whether the owner or

(ISPS) Code charterer, should be liable under the charterparty

for the consequences of stowaways being found on
board the vessel. However the position will not
Under the ISPS Code, if there
always be clear. It is therefore advisable to include
are “clear grounds” that a ship
a suitable clause in the charterparty. This will then
is not in compliance with the
introduce a degree of certainty into the contractual
Code, the authorities may apply
relationship and the possibility of disputes can be
security control measures to
reduced if not avoided altogether. One such
ensure compliance. Part B of
suitable clause is the Stowaways Clause for Time
the Code gives some examples
Charters published by BIMCO reproduced below.
of “clear grounds”. Having
This sets out in an as fair and even handed manner
stowaways on board may well
as possible to divide responsibility between owners
be seen as evidence of a
and charterers depending on how the stowaways
breach in the ship’s security
came on board the ship.

7
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

Under the terms of this clause, the charterers secreting away in the goods and/or
accept responsibility for all costs, expenses and containers shipped by the Charterers.
delays arising out of the presence of stowaways on
(ii) If, despite the exercise of due care and
board the vessel where they have boarded by
diligence by the Charterers, stowaways
secreting themselves away in the charterer’s goods,
have gained access to the Vessel by
for example, in a container or hidden in a bundle of
means of secreting away in the goods
logs.
and/or containers shipped by the
If this can be proven to be the case, then the Charterers, this shall amount to breach of
charterers become responsible for the costs of charter for the consequences of which the
guards and any fines imposed by immigration Charterers shall be liable and shall hold the
authorities for the presence of the stowaways or in owners harmless and shall keep them
the event of their escape. They are also responsible indemnified against all claims whatsoever
for all victualling and maintenance costs, diversion which may arise and be made against
costs and the cost of repatriation of the stowaways. them. Furthermore, all time lost and all
Costs of damage to the vessel and any delays and expenses whatsoever and howsoever
expenses arising from this, such as berth shifting incurred, including fines, shall be for the
costs, demurrage and hire would also be for the Charterers’ account and the Vessel shall
charterers account. They are also responsible for remain on hire.
the provision of any security required to release the
(iii) Should the vessel be arrested as a result of
vessel. Equally, the same clause specifies that
the Charterers’ breach of charter according
where the stowaways board otherwise than in the
to subclause (a) (ii) above, the Charterers
charterer’s goods then the owners still bear these
shall take all reasonable steps to secure
responsibilities.
that, within a reasonable time, the Vessel is
This clause is desirable for owners as they may released and at their expense put up bail to
have no effective way in which to thoroughly check secure release of the Vessel.
the contents of the goods being loaded. Such
(b) (i) If, despite the exercise of due care and
security measures are within the domain and
diligence by the Owners, stowaways have
responsibility of the charterers and it is therefore
gained access to the Vessel by means
proper that the charterers should be responsible for
other than secreting away in the goods
any costs arising from any failure in that system.
and/or containers shipped by the
The owners on the other hand remain responsible
Charterers, all time lost and all expenses
for the security of the vessel itself.
whatsoever and howsoever incurred,
It is therefore important that a record of the including fines, shall be for Owners’
precautions taken to prevent stowaways, and the account and the Vessel shall be off hire.
searches made to find them, are kept to provide
(ii) Should the vessel be arrested as a result of
evidence of how the stowaways boarded the ship.
stowaways having gained access to the
Charterparties should now also include clauses to Vessel by means other than secreting away
deal with the impact of the ISPS Code. Depending in the goods and/or containers shipped by
on the wording of the clause used (e.g. the BIMCO the Charterers, the Owners shall take all
ISPS Clause for Time Charter Parties), reasonable steps to secure that, within a
notwithstanding that it does not refer specifically to reasonable time, the Vessel is released and
stowaways it may be capable of applying to at their expense put up bail to secure
stowaways and apportioning liability between the release of the Vessel.
owner and charterer. Nevertheless it is

IMO Guidelines
recommended that even where there is an ISPS
clause in the charterparty, the BIMCO stowaway
clause should also be incorporated to avoid any
uncertainty and argument about who is to bear the Problems with repatriating stowaways are
consequences of stowaways being on board. increasing and greater restrictions on movement
without travel documents are making cases more
BIMCO stowaways clause for time difficult to resolve. More cooperation from
charters governments would be very beneficial.

Courtesy of BIMCO The IMO recognised the problem some years ago
and issued guidelines - Guidelines on the Allocation
(a) (i) The Charterers warrant to exercise due of Responsibilities to Seek the Successful
care and diligence in preventing stowaways Resolution of Stowaway Cases - that were adopted
in gaining access to the Vessel by means of by an IMO Assembly Resolution in 1997.

8
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

However, many countries have hardened their Shipowner’s or operator’s responsibilities
attitudes recently and acted in a way counter to the
guidelines. As a result, the IMO incorporated 1 Ensure that the existence and information on
standards and recommended practices for the the stowaway has been notified to the
resolution of stowaway cases into the Convention appropriate authorities at the port of
on Facilitation of International Marine Traffic (FAL embarkation, the next port of call and the flag
Convention) in 2003. State.

The measures require ships to undergo a thorough 2 Comply with any removal directions made by
search in accordance with a specific plan or competent national authorities at the port of
schedule when departing from a port where there is disembarkation.
a risk that stowaways may have boarded. Further information about the “Guidelines on the
They also urge shipowners to instruct their masters Allocation of Responsibilities to Seek the
not to deviate from the planned voyage to seek the Successful Resolution of Stowaway Cases”
disembarkation of stowaways, unless permission (Resolution A.871(20)) and the FAL Convention can
has been granted by the authorities of the state of be obtained from the IMO at 4 Albert Embankment,
the port to which the ship deviates or there are London, SE1 7SR, United Kingdom, telephone: +44
extenuating security, health or compassionate 207 735 7611, fax: +44 207 587 3210, website:
reasons. www.imo.org

Summary of responsibilities under the

IMO Guidelines P&I cover for stowaways
Shipowners and ships’ masters have specific Stowaway costs
responsibilities under the IMO Guidelines on the
Allocation of Responsibilities to Seek the The cost of having stowaways on board can be
Successful Resolution of Stowaway Cases. These considerable. As shipowners will be aware, they are
are summarised below. responsible for arranging and funding the
disembarkation and repatriation of any stowaway
Masters responsibilities who boards their vessels. In addition to the costs of
1 Make every effort to determine immediately the looking after the stowaways, some countries
port of embarkation of the stowaway. impose fines for having stowaways on board a ship
when it arrives in port and additional fines should
2 Make every effort to establish the identity and any stowaways escape. In some countries the
nationality of the stowaway. immigration authority may also request a guarantee
3 Prepare a statement containing all information to cover the costs of detention and repatriation as a
relevant to the stowaway for the appropriate condition of allowing a stowaway to disembark.
authorities. The Association provides insurance cover for
4 Notify the existence of a stowaway and any Members in respect of their losses and liabilities
relevant details to the shipowner, and relating to stowaways. Like other clubs, North of
appropriate authorities at the port of England has a specific rule concerning stowaways,
embarkation, the next port of call and the flag Rule 19(5), which states that the risks covered are
State. “Expenses other than those covered under Rule
5 Do not depart from the planned voyage to seek 19(6) - see diversion expenses below - incurred by
disembarkation of a stowaway to any country the Member as a consequence of stowaways being
unless repatriation has been arranged and or having been on board an Entered Ship.
permission given for disembarkation, unless Provided always that in Rule 19(5) the Directors
there are extenuating security or may in their absolute discretion reject or reduce any
compassionate reasons, such as injury or claim if it is considered that adequate steps have
illness. not been taken to guard against the Ship being
6 Ensure that the stowaway is presented to the boarded by stowaways.”
appropriate authorities at the next port of call. The costs incurred by Members in respect of
7 Take appropriate measures to ensure the stowaway claims may include the following:
security, general health, welfare and safety of  fines due to stowaways being on board
the stowaway until disembarkation.
 cost of guards employed to prevent stowaways
from escaping (requirement in certain ports)

9
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008

 victualling expenses
 clean clothing, bedding and toiletries Conclusion
 embassy fees Although the IMO has issued guidelines to
 jail or detention expenses governments regarding the prevention of
stowaways, port security in many parts of the world
 repatriation flights for stowaways has remained extremely lax and it remains to be
seen whether the ISPS Code will improve the
 flights and accommodation expenses for
situation.
escorts
In the meantime Members must not rely on port
 expenses incurred by agents, but only those security as a means of prevention. More than ever,
expenses directly associated with the and in line with the ship's own ISPS procedures, it
stowaways. is advisable to take all precautions to prevent
Although P&I cover is very wide in its scope, it is stowaways boarding and to make sure that any who
important to note that certain expenses may be succeed are removed before sailing.
specifically excluded. An example of this would be The Association will of course continue to work with
repairs to damage on an entered ship that has been Members to get stowaways disembarked when they
caused by stowaways. do manage to board.
Cover may also be reduced or rejected if the club’s

Further information
Directors consider that the Member did not take
adequate steps to prevent the stowaways boarding.

Diversion expenses The Association is able to provide more information

to Members than has been possible to include in
Another important issue is that of diverting the ship this briefing.
to land stowaways. Cover is again provided by P&I
Clubs for this purpose. North of England Rule 19(6) Any Member who requires further information or
covers the diversion expenses of an entered ship to advice about stowaways should contact the loss
the extent that those expenses “...are incurred prevention department or any member of the
solely...for the purpose of landing stowaways or personal injury team at the Association.
refugees...”
Although the net operational costs resulting from a
diversion to land a stowaway are covered, certain
expenses incurred may be specifically excluded
from P&I cover. An example would be any claim for
loss of hire that has occurred.
It is also important to note that if Members wish to
divert the vessel to land the stowaways, the
Association must be contacted beforehand to
confirm whether the diversion is deemed
reasonable. If cargo is on board the vessel a
diversion may, in certain circumstances, be deemed
an unreasonable or unjustifiable deviation under the
contract of carriage. It may then be necessary for
Members to arrange additional shipowner’s liability
(SOL) insurance cover to ensure that their position
is fully protected if a breach of the contract of
carriage occurs.

10
North of England P&I Association, The Quayside, Newcastle upon Tyne, NE1 3DU, UK
Tel: +44 191 232 5221 Fax: +44 191 261 0540 Email: loss.prevention@nepia.com Website: www.nepia.com

Copyright © North of England P&I Association 2008