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ACQ 2016-1

Brazil

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False allegations from stowaways

We recently experienced a claim which ought to be known by our other clients. Our ship was manned by a full complement of Chinese crew. Upon arrival at port Recife, Brazil the port authority, police was present to carry out investigations into allegations the crew had thrown overboard several stowaways who had survived. The crew advised there were never any stowaways on board. The crew were all interrogated and the vessel was detained pending security by the agents who were nominated by the charterers Messrs. Wilsons that crew repatriation, accomodation expenses and fines would be met.

This incident was prime news for the local media, with the possibility of criminal proceedings against the crew for attempted murder. The agents demanded security from the shipowners for US$180,000 cash and US400,000 in the form of a Club LOU. Apparently the P&I Club involved had recently handled two similar cases in Brazil all involving Chinese crew but the agents did not demand any security.

It is important for the owners and crew to be aware when calling at Brazilian ports of the possibility of these false allegations which may be a means for the stowaways to make a claim or obtain sympathy in being relocated.

Further owners should always try to discuss with the charterers for an appointment of an agent with whom the owners are also familiar with in Brazil.

We also suggest all owners to have a strict standing procedure for the crew to ensure that no stowaways board the vessel at any port. If the procedures are sufficiently strict to prevent the boarding of stowaways and forms part of an audited procedure, this may be useful to disprove any false allegations the stowaways emanated from the vessel.

25 Nov 2003