The Black Sea MOU on Port State control is a system of harmonized inspection procedures designed to target sub-standards ships with the main objective being their eventual elimination. The information contained in the web-site is aimed to provide industry with a brief outline of port State control procedures under the Black Sea MOU. For particular procedures in force you are referred to the full text of the Black Sea MoU.

Port State Control

In accordance with the international regulations stipulated by International Conventions in the maritime field the main responsibility for ship safe condition is addressed to the flag State – the State under which flag the ship is registered. Port State control (PSC) comes into the scene when shipowners, classification societies and flag State administrations have failed to comply with the requirements of the international maritime conventions. Although it is well understood that the ultimate responsibility for implementing conventions is left to the flag States, port States are entitled to control foreign ships visiting their own ports to ensure that any deficiencies found are rectified before they are allowed to sail. Port State control is regarded as measures complementary to the flag State control. The rights for that control are provided by the conventions themselves.

In recent years, the importance of port State control has been widely recognized and there has been important movement in various regions toward establishing a harmonized approach to the effective implementation of the control provisions. Currently the following PSC regimes are established in the world:

• Paris MOU (Europe and North Atlantic region);
• Acuerdo de Vina del Mar (Latin American region);
• Tokyo MOU (Asia-Pacific region);
• Caribbean MOU (Caribbean region);
• Mediterranean MOU (Mediterranean region);
• Indian Ocean MOU (Indian Ocean region);
• Abuja MOU (West and Central African region);
• Black Sea MOU (Black Sea region);
• Riyadh MoU;
• United States.

The main ideas of establishment of a regional PSC regime may be summarized as:

• each member Authority establishes PSC system on national level;
• agreed relevant instruments are used for the control of ships;
• common PSC procedures are applied during PSC inspections;
• actions against substandard ships are harmonized and coordinated;
• mutual comprehensive information exchange is provided.

Main Principles

In 2000 the Black Sea Memorandum of Understanding on Port State Control was signed by 6 Black Sea countries with the common understanding of main principles for PSC.

PSCO

Port State control is carried out by properly qualified Port State Control Officers (PSCO), acting under the responsibility of the maritime authority.

Scope

The geographical scope of the Black Sea MOU region consists of ports located on Black Sea coastline.

Structure

The Port State Control Committee is the executive body of the Black Sea MOU. The Committee deals with matters of policy, finance and administration. Daily activity of the Black Sea MOU is supported by the permanent Secretariat located in Istanbul, Turkey.

Inspections

A port State control visit on board will normally start with verification of certificates and documents. When deficiencies are found or the ship is reportedly not complying with the regulations, a more detailed inspection is carried out.

Instruments

Only internationally accepted conventions shall be enforced during port State control inspections. These conventions are the so-called “relevant instruments”.

Non parties

Flag State which are not a Party to conventions shall receive no more favorable treatment.

Actions against substandard ships

When serious deficiencies are found, the ship shall be detained. The captain is instructed to rectify the deficiencies before departure.

Source: bsmou

Port State Control (PSC) is a ship inspection program whereby foreign vessels entering a sovereign state’s waters are boarded and inspected to ensure compliance with various major international maritime conventions, namely: International Convention for the Safety of Life at Sea (SOLAS), International Convention for the Prevention of Pollution from Ships (MARPOL), International Convention on Standards of Training Certification and Watchkeeping for Seafarer (STCW), Load Lines (LL), Convention on the International Regulations for Preventing Collisions at Sea (COLREG) and International Labour Organization Convention No. 147 Merchant Shipping (Minimum Standards) (ILO 147).

PSC programs are of a regional nature; that is, several countries sharing common waters have grouped together under a Memorandum of Understanding (MOU) to ensure that vessels trading in their area are not substandard.

Source: caribbeanmou

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Source: saab

With the introduction of the ​​​New Inspection Regime (NIR), all ships operating within the Paris MoU are subdivided into three types: ​

​The type of ship is decisive

The type of ship determines how often a ship is required to be subjected to a port State control inspection in Paris MoU. Low risk ships must be inspected every third year, standard risk ships must be inspected every year, while high risk ships must be inspected every six months. When a period has expired, the ship is required to be inspected at the first subsequent port call.

The authority can choose to inspect earlier than required

However, the port State control authority can choose to inspect the ship earlier than required if it is expedient as regards the authority’s work. This means that a low risk ship can be inspected two years after the latest inspection, a standard risk ship ten months after the latest inspection and a high risk ship five months after the latest inspection.

Prioritising ships

When two years have passed since the latest inspection of a low risk ship, the ship becomes a second priority ship. This means that the authority may choose to inspect the ship, but is not required to do so.

If, however, more than three years pass since the latest inspection of a low risk ship, the ship becomes a first priority ship. This means that it is required to be inspected.

Similar rules of priority apply to standard risk ships and high risk ships, which is illustrated in this picture.

However, an unexpected factor may change the status of the ship from no priority to second priority.

Furthermore, a top priority factor may change the ship’s inspection priority to first priority.

Ships affected by unexpected factors are the following:

Are you prepared for the next port state control inspection? Or what do you do if your vessel is detained and cannot continue on schedule? You need a reliable partner who supports you when you need it, anywhere in the world.

Our long-standing, high port state control (PSC) performance is testimony to the quality of our services and good cooperation with our customers.

Whether you need support upon detention or want to prevent off-hire due to detention, call on us and we’ll be at your side – regardless of where you are in the world.

Rely on us when detained:

• We rapidly organise a surveyor to assist you on board
• We are more familiar with local PSC authorities and can speed up the process

As the world’s largest classification society, we are able to conduct extensive research and constant analysis to evaluate the lessons learned from detentions. This enables us to provide a range of services that support you in keeping your vessel in compliance – so you are best prepared for PSC inspections worldwide at all times.

Our range of comprehensive PSC services includes:

• PSC Planner web application: Available for all customers via VERACITY by DNV GL, overview of ones fleet’s PSC performance, helps to prepare for upcoming PSC inspections with ship specific short checklists
• Pro-active PSC risk profiling for your fleet – send inquiry
• One-day interactive PSC workshop or tailor-made trainings via DNV GL Academy
• Ad-hoc PSC seminars and training courses on request
• PSC news, additional guidance on technical topics from a PSC inspection view
• Support for preparation on Concentrated Inspection Campaigns (CIC):
  • Paris MOU and Tokyo MOU will carry out a joint CIC from August – September 2019 on “Emergency Systems and Procedures”
  • This CIC will also be joined by Black Sea MoU, Med MoU, Indian MoU, Riyadh MoU and Vina del Mar MoU
  • DNV GL will offer detailed information about the topic during a smart-up session annual in August – next webinar will be in August 2020 for the CIC in 2020
  • Recordings of previous CIC smart-up can be found below under Videos and Downloads
  • Further guidance on actual and previous CICs can be found under PSC news

With PSC support from DNV GL, you’re always in good hands:

• Be prepared for smooth PSC inspections to minimise the risk of deficiencies, saving you time and money
• Profit from surveyors who can discuss directly with PSC officers on board and most likely in the local language
• Know exactly which actions have to be taken to achieve the quickest possible rectification of deficiencies and/or the release of your ship

Source: dnvgl

For the purpose of providing more transparent information on activities of the Tokyo MOU, the Port State Control Committee decided to publish the PSC inspection data on the web-site. The inspection database under this section has been developed for providing the facilities to make search and view of the results of inspections conducted by the member Authorities of the Tokyo MOU.

In order to ensure accuracy and correctness of the Tokyo MOU PSC data, should there be a question regarding inspection data, parties or individuals concerned are requested to contact the relevant port State Authority directly for verification or correction. The information displayed in the database reflects the situation at the time of inspection. The Secretariat of the Tokyo MOU is not in the position to amend any records in the database.

All ships sailing in international waters are required to comply with the international codes and conventions put forth by the maritime authorities. For this, ships should be maintained at a particular standard by the combined efforts of flat states, shipping company, and ship’s master.

In order to ensure that the condition of foreign ships is well above the excepted level, inspections are done on the ships when they visit international ports. This inspection of foreign ships is known as port state control (PSC).

The regulation of port state control was brought in by the formation of Paris Memorandum of Understanding (MOU), which also put forth the general criteria for inspection procedures of all types of ships.

Know more about the Paris Memorandum of Understanding (MOU) and the 8 PSC regimes in operation worldwide

Paris memorandum of understanding (MOU) laid down few general rules for the inspection of foreign vessels. They are as follows:

• Inspection would be carried out on ships coming to a port for the first time or after an absence of 12 months of more
• Inspection would be carried out of ships which have been permitted to leave the port of a state with deficiencies to be rectified
• Inspection would be carried out of ships which have been reported as being deficient by pilots or port authorities
• Ships whose certificates are not in order would be inspected
• Ships which has been involved in any kind of accident such as grounding, collision or stranding on the way to a port will be inspected
• Inspection of ship which are carrying dangerous or polluting goods and have failed to report relevant information would be inspected
• Ships which have been suspended from the class in the preceding 6 months would be inspected
• Ships which have been subject of a report or notification by another authority would be inspected
• Inspection of ships which are accused of an alleged violation of the provision of IMO as to pose a threat to the ship’s crew, property, or environment would be inspected

A ship is allowed to leave a port only on condition that the deficiencies found will be rectified before the departure or at the next port or within 14 days.

What all things are checked during port state control (PSC) inspection?

A port state control inspection involves checking of several aspects of the ship in both deck and engine departments of the ship.

The survey involves checking of important shipping documents, technical details, and structural elements of the ship.

Documents that are checked during port state control (PSC)

Important things that can be checked in the engine room during a port state control (PSC)

A ship is detained mainly when she is found to be dangerously unsafe to the safety of the ship, its crew and to marine environment. She can also be detained when the condition and standard of the ship is in complete contravention with the regulations put forth by the IMO and other maritime authorities.

The data collected from port state inspections of all the ships is stored in an information system called the “Equasis.

Find out more about Equasis here.

After the inspection, it is the duty of the master to report to the company regarding the outcome of the inspection.

Many of IMO’s most important technical conventions contain provisions for ships to be inspected when they visit foreign ports to ensure that they meet IMO requirements.

These inspections were originally intended to be a back up to flag State implementation, but experience has shown that they can be extremely effective. The Organization adopted resolution A.682(17) on Regional co-operation in the control of ships and discharges promoting the conclusion of regional agreements. A ship going to a port in one country will normally visit other countries in the region and it can, therefore, be more efficient if inspections can be closely coordinated in order to focus on substandard ships and to avoid multiple inspections.

With the UK playing a major role in the global maritime industry and relying on containerised shipping to move 95% of its imports and exports, the importance of sanctions compliance for UK institutions cannot be understated. 

In recent months, we have seen OFAC release a long-awaited advisory for the maritime industry, comprehensively expanding the regulatory focus and placing all maritime industry stakeholders under the microscope. Following in its footsteps, this month the UK’s Office of Financial Sanctions Implementation (OFSI) released a guidance document focussing on financial sanctions guidance for those operating within the maritime shipping sector.

As global law firm Clyde & Co. have said, “It is no coincidence that two of the world’s leading sanctions enforcement bodies have both issued guidance notes to the maritime industry within months of each other.  Industry participants have been warned: there are now very clear expectations of what good sanctions compliance looks like –a failure to meet those expectations could prove costly.”

So, what does the OFSI guidance cover?

The guidance looks at methods commonly used to breach sanctions, including ship-to-ship (STS) transfers and switching off or manipulating AIS transmissions. OFSI also provides guidance on specific sanctions regimes relating to DPRK, Iran, Libya, and Syria, in terms of due diligence obligations, policy enforcement, and penalties.

Illicit & suspicious shipping practices

• STS transfers: A ship-to-ship transfer is the movement of cargo from one ship to another while at sea, rather than in port. While the majority of STS transfers are perfectly legal, they can also be used to conceal the origin or destination of the transferred cargo.
• AIS transmissions: Vessels conducting illicit ship-to-ship transfers will typically disable AIS to evade detection. Alternatively, vessels manipulate the data transmitted via AIS to conceal a vessel’s next port of call or other information regarding its voyage.
• False documentation: Complete and accurate shipping documentation is necessary to ensure that all those associated with a transaction understand the parties, goods, and vessels involved in a given shipment. Documents such as bills of lading and invoices can be falsified to conceal what is being shipped and shipment origin
• Financial system abuse: Bank accounts are often established with the primary purpose of engaging in and concealing illicit activities. These can be used as fronts to conduct transactions in violation of sanctions and facilitating illicit shipping practices. Bad actors also often set up complex corporate ownership and management structures to hide the ultimate beneficiary.
• Concealment: Those seeking to evade sanctions will often employ tactics that physically conceal illicit cargo onboard a vessel.

While the above practices do not automatically indicate a sanctions violation, OFSI specifies that they should be viewed as red flags that require further investigation, particularly around where these activities took place. Specific regions may present a high risk with respect to financial sanctions compliance, as such due diligence should be carried out as part of a risk-based approach. When dealing with such regions, or when passing through or near waters where non-compliant actors are known to operate, enhanced due diligence should be considered.

Due Diligence

Much like the recent OFAC advisory, OFSI’s guidance stresses the fact that no company is too big to fail, and how it is no longer just financial institutions that need to be concerned with sanctions. All entities across the maritime sector and related supply chains must significantly improve their due diligence and compliance programmes to avoid breaching global sanctions. In the guidance, certain industry players are highlighted:

• Maritime insurance companies
• Charterers
• Unions
• Classification societies
• Petroleum companies and refineries
• Customs and port state controls
• Flag registries
• Shipping industry associations

Compliance risk, however, is not only confined to the above industries, so global operators need to take a risk-based approach when deciding whether to conduct business.

What should you be doing? 

With the OFSI advisory coming so soon after the OFAC advisory, there is no longer an excuse for corporates who do not have appropriate systems in place to ensure proper risk-mitigation.

Yet again, the same weaknesses, such as AIS transmissions, have been highlighted as prime avenues for those seeking to flout sanctions programs.

Here at Pole Star, we have a suite of solutions to assist you in ensuring sanctions compliance across all aspects of the maritime supply chain.

PurpleTRAC is our award-winning revolutionary regulatory technology system for institutions with sanctions and risk management exposures in maritime trade, enabling users to screen and track vessels and their associated ownership and management in seconds, by entering only the vessel’s name or IMO number. Within 30 seconds, PurpleTRAC screens for the following:

• Ship Global Sanctions List: Screens a vessel’s IMO number against our comprehensive sanctions database
• Company Global Sanctions List: Screens a vessel’s ownership and management against our comprehensive list of sanctions, denied parties, and enforcement actions lists
• Country Sanctions List: Screens a vessel’s flag, its ownership and management, and countries of registration, domicile, and control
• Ship Movement History Check: Screens a vessel’s historic movements and trading patterns
• Port State Control Check: Screens a vessel’s entire port state control inspection history

Further in line with this advisory, PurpleTRAC now has a new extension:  Bill of Lading Verification (BLV), which will allow customers to significantly extend their sanctions risk and compliance investigations by verifying bills of lading in real time.