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ACQ 2016-1

Iraq

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Security procedures for in/outbound shipping

On 6 February 2005 the UK Maritime Trade Operations, Dubai released the following information updating the existing procedures for vessels calling at Iraqi ports/terminals, as issued by the UK Military Royal Navy liaison office.

HYDROPAC -/2005 (Gen) Northern Arabian Gulf Iraq inbound and outbound shipping

1.  Background
At the request of the Iraqi government and in accordance with United Nations Security Council Resolutions (UNSCR) 1483 and 1546, a multinational maritime security force (MSF) continues to operate in the northern Arabian Gulf (NAG). This force is authorized to conduct maritime security operations to prevent the unauthorized trade of arms and related material, to perform customary defence missions on behalf of the Iraqi government and to take all necessary measures to contribute to the maintenance of security and stability in Iraq.

2.  Action
All vessels en route to and from Iraqi ports are subject to query, and may be subject to boarding and inspection by the MSF until further notice. This notice affects vessels traversing or preparing to traverse Iraqi territorial waters, the Khawr Abd Allah, Shatt al Arab and Iraq's offshore Al Basrah and Khawr Al'amaya oil terminals. Inspections are conducted to verify compliance with relevant UNSCRS and to contribute to the maintenance of security and stability in Iraq.

The intent is to conduct thorough inspections with minimum disruption to maritime commerce. All cleared vessels will be permitted to proceed to their next port of call upon inspection completion. Any vessel carrying unauthorized arms and related material or other cargo that could jeopardize the maintenance of security and stability in Iraq will be detained and turned over to the Iraqi government for appropriate action in accordance with Iraqi law. Specifically, violations may result in the seizure and confiscation of cargo by the Iraqi government.

Additionally, the Master and crew members of vessels carrying such cargo are subject to arrest, detention, and prosecution under Iraqi law. Strict adherence to the procedures in this notice will minimize delays associated with such inspections. Iraqi port status, categories of vessel traffic that can be accepted, and other restrictions will be published via separate notice by the Iraqi government. Hydrographic conditions of Iraqi ports and connecting waterways will also be published via separate notice by the Iraqi government. Parties wishing to dispatch ships to Iraqi ports are advised to review these notices and contact the Iraqi port authority for current entry protocol and restrictions.

3.  Checkpoint
Vessels bound for or departing from Iraqi ports and offshore oil terminals must pass within a five nautical mile radius of latitude twenty-nine degrees thirty-five minutes north and longitude fortyeight degrees fifty-three minutes east (29-35N 048-53E). Approaching vessels must contact the maritime security force commander on marine vhf (bridge-to-bridge) radio telephone, channel 16 within five nautical miles of this point and be prepared to respond TOMSF queries.

4.  Notification
All shipping must be coordinated with the Iraqi port authority or State Oil Marketing Organization (SOMO).

5.  Cargo documentation
Documentation for Iraq bound cargo must include the items listed below.

A.  An original manifest describing the cargo, as well as its location in the ship, must be onboard. The original manifest must include the port of origin, ports of call, complete business names and addresses of all shippers and consignees and final destination of all cargo. A complete business address must include, the street address, a prominent identifiable geographic location, or a post office box, contact person, name or recipient ministry or entity, an e-mail address plus a telephone number or fax number.

B.  Consignee names and addresses on all cargo must match the manifest.

C.  The manifest must bear an original signature of the vessel's Master or Chief Mate. The manifest may be on shippers'letterhead, fax, photocopy or computer printout, but it must bear an original signature.

D.  The original manifest may consist of more than one document if there are amendments that list cargo dropped off at a given port or correct the original manifest. These amendments may originate from the shipper or carrier. Since additional documents may be transmitted to a vessel by telegram or fax, they need not bear an original signature. However, the master is required to certify in writing that the amended manifest accurately reflects what is on board the vessel.

6.  Incomplete documentation
Iraq bound vessels which are determined to have incomplete cargo manifests, to be otherwise in violation of requirements listed in paragraph 5 of this advisory, or Iraqi laws, may be detained by the MSF for turn over to the Iraqi government or diverted to last port of call until appropriate conditions are met.

7.  Petroleum imports and exports
Trade in petroleum products is controlled by the Iraqi government. Iraqi law authorizes the seizure and confiscation of vessels found in violation of any petroleum import or export authorization. All petroleum imports and exports are handled through SOMO or its agent the Iraqi south oil company (soc). Only those oil shipments verified to be under valid SOMO contract, or otherwise specifically authorized by the Iraqi government will be allowed to pass. SOMO can be contacted by fax at 00-873-763-705-020.

8.  Vessel documentation
Vessels must maintain sufficient indicia of flag state registry, such as the original certificate of registry, on board at all times the vessel is in operation. Stateless vessels or vessels without valid safety and environmental protection certificates are not welcome in Iraq.

A.  Questionable registry. Vessels with questionable registry may be delayed in obtaining clearance to proceed or face detention and other penalties upon arrival in Iraqi ports.

B.  Invalid registry. Vessels presenting certificates of registry confirmed to be invalid will be denied entry into Iraq, and could be subject to arrest by the Iraqi government.

9.  Personnel identification
All crewmembers on Iraq bound vessels must possess valid seaman's documents or passports. All passengers en route Iraq must possess valid passports or other identification documents acceptable under Iraqi law or regulation.

 

10.  Ferries and passenger ships
Ferries or passenger ships traversing the Iraqi maritime security force checkpoint will be subject to the following requirements:

A.  Vessels carrying passengers only (with no commercial cargo capacity) may arrange for an expeditious transit through the checkpoint by forwarding a certified passenger list at least 36 hours prior to transit by fax or letter to the Iraqi port authority. Additionally, 10 days prior to first transit forward a certified attestation by fax or letter from a recognized member of the International Association of Classification Societies (IACS) that the ship in fact has no cargo carrying capacity.

B.  A passenger vessel arriving at the Iraqi maritime security force checkpoint that has not complied with the requirements of paragraph 10.a. Will be held until authorized by the Iraqi port authority to enter port. The passenger vessel may be boarded and inspected while awaiting authorization.

11.  Query/boarding procedures
MSF units querying passing vessels will identify themselves as maritime security force warship (or aircraft) and may give an identifying number. Merchant vessels will be expected to provide the following information in response to query:

1.  Name
2.  Flag
3.  International radio call sign or distinctive letters assigned by flag state
4.  Cargo quantity and description (with exception of military cargo)
5.  Agent
6.  Last port of call and date departed
7.  Next port of call and estimated arrival
8.  Date of arrival and departure

Following query, vessels may be cleared to proceed or directed to standby for boarding. Ships directed to standby for boarding will be boarded as expeditiously as possible, with due regard for weather conditions and vessel characteristics. Coalition vessels conducting boardings will endeavour to provide advance notice of boarding team arrival whenever possible.

A.  Boarding/security sweep. Boarding teams will advise vessels of requirements to muster crew and account for any watchstanders prior to boarding. All directions from the coalition vessel should be followed explicitly to avoid misunderstanding. If any direction is not understood, the vessel master should ask for clarification. Merchant crews should not take offence at security sweeps, and should not interfere with them. Remain in locations designated until cleared to move about the ship by the boarding team.

B.  Ship inspection. Vessel masters can facilitate the inspection process by opening hatch covers and making other reasonable preparations prior to the arrival of the boarding team. The ship's certificate of registry, cargo documentation, and crew passports or seaman's books should be available for inspection by the boarding officer. Boarding teams may require copies of some documents.

12.  Cancel
HYDROPAC 205/2002, 206/2002 and 1033/2004.
Source: Kanoo Shipping Agencies, Dubai

 

 

Source : BIMCO Bulletin Vol 100 No.2
01 Apr 2003