|Abandonment ID:|| 00304|
|7-digit IMO no.:||9182552|
|Port of abandonment:||Colombo, Sri Lanka|
|Abandonment date:||17 June 2017|
|Reporting Member Govt. or Org.:||ITF|
|No. of Seafarers:||13|
|Nationalities:||India(6); Jordan(4); Myanmar(3)|
|Circumstances:||Vessel arrived in Colombo having been towed from Hambanthota due to engine problems. It is understood that the owner has outstanding debts for port and agency dues and well as wages owed to the crew. No provisions on board and vessel now in blackout.|
|Actions taken:||29 September 2017: Other|
Contact with owner, agent, harbour master, port authority and lawyers. 9 Crew arrested vessel for wages.
|Repatriation status:||29 September 2017: Repatriation pending|
|Payment status:||29 September 2017: Payment Pending|
USD 167,175 up to Sept
|Comments and Observations:||Govt. of Bahrain (3 October 2017)|
From: Mayas Al Agha [mailto:Mayas.email@example.com]
Sent: 03 October 2017 07:59
To: Jan de Boer; firstname.lastname@example.org;
Subject: RE: New abandonment case notification: Sanad
Dear Mr. De Boer,
Reference made to your email below regarding the notification of the abandonment of M/V Sanad. I have contacted the owner regarding the subject vessel
and he was surprised that such rumors have been circulated. He mentioned that the ship was never abandoned, and he provided me with a comprehensive update and facts on the status of M/V Sanad as follow:
MV Sanad is currently berthed at the Port of Colombo for the past 3 months due to commercial dispute with its charterers. At first there was an issue with the turbo charge which was identified during normal preventative maintenance, this repair took time as the spares from the manufacturer had a long lead time. The delay in rectifying this malfunction led to charterers claiming damages for the disruption to their service, which is undue as per the prevailing charter party. The charterers proceeded legal action based on their opinion and position on the commercial dispute. The suspension of operations whilst operation expenses being daily incurred led to the vessel being idle at the Port.
Naturally, these losses were we aggravated with the crew seeking their rights. The owners do not deny their claims and are working to resolve their commercial dispute in order to be able to meet their obligations to the crew. As it stands today, they have engaged with charterers to resolve matter amicably and also ensure that charterers cover the outstanding wages of the crew. At first they did not take a favourable position, but last Thursday they were able to make a breakthrough in the negotiations.
The above is to explain and clarify the circumstances behind where the owners stand today. As a consequence of the above, the owners informed me that they understand the crews frustrations, however they completely refute the allegations that crew have been left without food, provisions and fuel. The vessel is kept well maintained and provisions are regularly being supplied by their agents. They have been in dialogue with the crew members, 6 Indians, 3 Maynamarians and 6 Jordanians. They have also spoke to and met with their embassies in Bahrain and their maritime entities abroad. They have proposed the following two scenarios for their consideration given the financial constraints the company is facing at the moment:
1) Immediate sign off and give an undertaking letter which can be attested at the notary of their convenience for their rights.
2) Remain on board and once the commercial dispute is resolved to settle their dues gradually with a clear crew change agreement.
The owners have been advised that the Jordanian crew members are in agreement with option 1, whereas the other 9 crew members have decided to take their claims legally and the owners are now talking to their attorneys to find an amicable solution. They have also brought it to ITF local reps in Sri Lanka and London office to help assist with this proposal. ITF have confirmed they will speak once more with the crew and try to convince them. The owners await the feedback of their efforts in the coming days.
The owners said that they are hopeful that if a commercial agreement can be reached with the charterers they will be able to swiftly conclude this case. According to owners best estimate they will need about 6-10 days to understand commercially where they stand with both charterers and crew discussions.
The owners however reiterated that they under no circumstances have abandoned the ship and crew and remain sparing no efforts to end this deadlock.
We will continue following the matter with the owners and we remain at your disposal at any time for further information.
Mayas A. Alagha
Director, Registration of Ships & Seamen Affairs
ITF (3 October 2017)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: mardi 3 octobre 2017 16:19
To: 'Mayas Al Agha' ; Jan de Boer ;
Subject: RE: New abandonment case notification: Sanad
Dear Jan and colleagues
I write in response to the correspondence sent to you from Mayas A. Alagha of the Bahrain Ministry of Transport. It is of course very common for irresponsible shipowners to deny all claims made against them and portray themselves as the hapless victims of commercial disputes or unavoidable events. The ITF has had no less that 8 cases to deal with this vessel and company over the last two years. The most recent prior to this abandonment required our local ITF affiliate in Bahrain to intervene with the company on behalf of 6 seafarers who had not been paid for 8 months. In this current case several crew have no employment contracts, at the point of submitting the report they had not been paid for 5 months, they had inadequate supplies on board and the vessel was in blackout. Our inspector supplied dry food to the vessel on 04 September. My understanding is that since the agents have not been paid they are no longer supplying the vessel and most recent contact (today) indicates that the crew have no provisions on board. If this is not the case, please confirm with evidence that all crew members have received adequate supplies.
I am at a loss as to how to interpret the words ‘these losses were aggravated with the crew seeking their rights’. Whilst I have no reason to doubt the explanation regarding the commercial dispute and the challenges with repairs, this is no justification for not respecting the fundamental rights that must be afforded to seafarers in line with international standards. Do we now expect seafarers to accept conditions of slavery? These are strong words, but I am frankly shocked by this defence of the indefensible.
ITF (2 February 2018)
From: Ranjan Perera
Sent: 25 January 2018 05:12
To: Katie Higginbottom;
Subject: RE: Ongoing abandonment cases (MV Sanad)
Dear Sister Katie.
Hope you are doing well.
MV Sanad still problem not settle last court taken Jan23rd and again 29th Jan and my knowledge Feb 07 court will maybe propos to auction the vessel.
We discuss with port authority management arrange three meals and electricity supply to the vessel . NUSS supply some needy items to the vessel several times.
Now only 12 crew members on board. Miyanmar/Indian/ Jordanion.
If need more details pl contact me
Thanks and Regards.