|Abandonment ID:|| 00301|
|Nombre del buque:||Jerna S[disputed]|
|Puerto de abandono:||Salalah Anchorage, Oman|
|Fecha de abandono:||9 Agosto 2017|
|Fecha de notificación:||26 Agosto 2017|
|Reporting Member Govt. or Org.:||Fed. Int. de los Trabajadores del Trasporte (ITF)|
|No. de marinos:||18|
|Nacionalidades:||Rumania(1); Jordania(4); República Arabe Siria(1); Egipto(5); India(5); Myanmar(2)|
|Circunstancias:||Crew have completed their contracts and none of the wages have been paid by the owner. Most safety certificates have expired. The vessel is unseaworthy and lacks necessary spares and stores. The Master has been on board for over 12 months, some crew over six months. No official contact with the owner or management since 08 August when satellite communication lost. The crew were trapped in Yemen for over a month in conditions of extreme hardship. The vessel is again about to run out of MGO and will be in blackout making it extremely unsafe.|
|Acciones tomadas:||13 Septiembre 2017: Other|
Attempts to contact owner, manager, outreach to authorities in the region.
|Estado de la repatriación:||13 Septiembre 2017: Repatriation pending|
|Estado del pago:||13 Septiembre 2017: Payment Pending|
USD 200,000 approx
|Comentarios y observaciones:||Bahrein (19 Septiembre 2017)|
From: Mayas Al Agha [mailto:Mayas.firstname.lastname@example.org]
Sent: 19 September 2017 07:12
To: Jan de Boer
Key Facts to take into consideration:
1- Vessel sailed from Jebel Ali Port on 6th July 2017 destined to Mukkallah Yemen. Vessel reached Yemen on 6 August 2017 and departed on 5th September 2017. Usually vessel should do one way voyage in 10 days.
2- Vessel was held in Yemen due to clash between Agent and Capt on board, which led to vessel being held by Agents and demanded penalties for crew and Captain’s misbehavior and threatened imprisonment of the crew.
3- Owners finally settled via their Charterers; Adeema Ship Management USD 109,000 to get vessel released from Yemen.
4- Owners asked for vessel to proceed to Salalah as safe port to regroup.
1. Crew Have completed their contracts: 1 Syrian, 2 Maynamar and 2 Romanian contracts have expire 10 days ago. When vessel left Jebel Ali all contracts were valid and crew change was planned at the next call to Jebel ali planned for End July. Owners also confirmed that they have requested vessel agent in Salalah to commence obtaining signing off visas for crew members who contracts has been expired to arrange for their repatriation. It is important to note that visa approvals are at the discretion of the issuing authority.
2.None of the wages paid by Owner: Owners have constant changed 2-4 crew members each call Jebel Ali and settled all wages in full. Vessel trade was restrictive because it was trading between UAE and Yemen, and current situation in Yemen does not help to conduct crew change. 75% of the outstanding wages accrued is owed to only 3 crew members. As you can see some of the crew members are from countries like Syria were banking transactions are restricted and therefore it was at their request to withhold their funds and settle at end of the contract. The owners confirmed that all wages will be paid upon sign-off as agreed with the crew.
3.Most Safety Certificates have expired: Vessel sailed from Jebel Ali with all certificates intact and vessel fully compliant and seaworthy. The vessel took more than 2 months to reach and discharge cargo in Yemen and during this period certificates expired. There was no facility in Yemen to conduct renewal process. Solas Marine an approved Class vendors has been authorized by owners to do the renewal process when vessel was expected to return end of July. Vessel not returned back to UAE. Given that the vessel the vessel has not returned to Jebel Ali, the owner is making arrangements to carry all surveys in Salalah or Muscat (Based on availability of surveyors).
4.Vessel unseaworthy and lacks spares and stores: Vessel has recently completed its 5 years dry dock and special survey in UAE, March 2017. Owners refute such claims and assure that all spares stores are available on board.
5. Vessel communication: Vessel communication is working and this can be verified with our vendors DECKHOUSE (SATELLITE) email@example.com
6.Crew were trapped in Yemen: This is a false allegation. crew had been working on Yemen route for past 6 months. During last call there was un-professional behavior from Capt towards agents which led to an escalation between the two and Agents demanding compensation for this behavior. Owners immediately intervened for the safety of all crew and vessel and paid USD 109,000. Bearing in mind these funds were reserved for crew wages upon return. During this period, crew were provided with MGO, FW and provision whilst enduring exploitive action by action i.e. charging USD 60 per MT for FW.
7.Current MGO supply: Owners are working their best to arrange MGO, FW and Prov to crew at anchorage and coordinating with agents ASAP.
Jordania (20 Septiembre 2017)
From: Mohammed Salman [mailto:firstname.lastname@example.org]
Sent: 20 September 2017 12:16
To: Jan de Boer
Cc: email@example.com; firstname.lastname@example.org; email@example.com
Subject: RE: New abandonment case notification: Jerna S
Dear Jan de Boer,
please be note that the Jordan Maritime Commission did not receive any formal complaint by Jordanian seafarers currently on board this ship. If or when we receive any complaint from any seaman it will be turned immediately to a Special Committee called The Settlement of Maritime Disputes Committee which formed under article (142 )of the Jordan Maritime Commercial law to deal with this complains, Where this Committee is chaired by the Director of the Ship Registration and seafarers affairs Directorate, Head of Port State Control Department , Head of Legal Affairs Unit and the Head of seafarers Affairs Department in Jordan Maritime Commission. The recommendation of this committee revised by director general and decision taken depending on the case and the recommendation..
I hope this procedure is helpful
Fed. Int. de los Trabajadores del Trasporte (ITF) (25 Mayo 2018)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: jeudi 24 mai 2018 19:42
To: Noh, Jinhak ; Samkange, Ruvarashe ; Jan de Boer (JDeBoer@imo.org) ; Natalie Shaw (firstname.lastname@example.org)
Cc: Jonathan Warring ; Mohamed Arrachedi
Subject: Jerna S
Herewith update on the Jerna S:
The last 3 crew members of Jerna S have been disembarked to avoid mortal danger of impending cyclone. In spite of the danger, two of the three crew were somewhat reluctant to leave the ship given that they still have outstanding wages of USD 236,675.60. In addition there the previously disembarked crew are owed USD 116,476. The Omani authorities in evacuating the crew have assured the seafarers that their claim against the vessel will be recognised and paid in due course after the ship is sold following the arrest by the port of Salalah.
We can consider the case disputed.