|Abandonment ID:|| 00428|
|Nombre del buque:||MT Iba[resolved]|
|Puerto de abandono:||Hamriya port, UAE|
|Fecha de abandono:||Enero 2019|
|Fecha de notificación:||30 Marzo 2020|
|Reporting Member Govt. or Org.:||Non-governmental Organization (ISWAN)|
|No. de marinos:||4|
|Nacionalidades:||India(2); Myanmar(1); Pakistán(1)|
|Circunstancias:||This case is not considered to be COVID-19 related.|
Unpaid wages. Wnat repatriation.
Suggested to file a complaint at www.madad.gov.in.
|Estado de la repatriación:||Repatriation pending|
All seafarers are still on ship
|Estado del pago:||Payment Pending|
Outstanding payment is USD 4,666.
|Comentarios y observaciones:||Myanmar (7 Abril 2020)|
This is Department of Marine Administration under the Ministry of Transport and Communication of Myanmar, now writing with regard to your email on 1st April 2020 about new abandonment case: “MT- IBA”.
Even though the vessel "IBA (IMO Number 9438200)" was abandoned since January 2019 in Hamriya Port, it seems that the owner of the vessel still keeps his/her ownership, because ISWAN said that there are five crews on board now because two more Indians have recently joined the ship.
According to the provisions of Maritime Labour Convention, 2006, the owner of the vessel has fully responsibility to pay the wages of Mr. Nay Win (Chief Engineer of MT-IBA) for the period he has served on board and also has to bear the cost of repatriation.
In this regard, the Federal Transport Authority- Land and Maritime (FTA) of UAE has to inform the Flag State “Panama” to ask the owner for his/her responsibilities.
We hope all applicable actions have been done by the Federal Transport Authority (FTA) of UAE.
We also noted that MT-IBA is belonging to a Notorious shipping line.
Myanmar's comment on that case is-
•The Federal Transport Authority-Land and Maritime (FTA) of UAE and Panama Maritime Authority should ask the owner for wages and repatriation of Mr. Nay Win;
•In the case of no response from ship owner, insurance provider of that vessel has to pay for those costs;
•Otherwise, P & I Club should solve for due costs;
•If there is no solution within two months, the UAE FTA should take action in accordance to the provision of UAE laws.
Pakistán (10 Abril 2020)
This is the office of Marine Administration under the Ministry of Maritime Affairs of Pakistan, now writing concerning abandonment case: “MT- IBA”.
As per recent info received by us the vessel "IBA (IMO Number 9438200)" was abandoned since January 2019 in Hamriya Port, it seems that the owner of the vessel still keeps their ownership, because ISWAN said that there are five crews on board now, after joining of two more Indians national, recently.
According to the provisions of the Maritime Labour Convention, 2006, the owner of the vessel has full responsibility to pay the wages of all crew members for the period who has served on board and also has to bear the cost of repatriation. In this regard, the Federal Transport Authority- Land and Maritime (FTA) of UAE has to inform the Flag State “Panama” to ask the owner for their responsibilities. We hope all applicable actions have been done by the Federal Transport Authority (FTA) of UAE.
Pakistan’s comments on that case are;
i) The Federal Transport Authority-Land and Maritime (FTA) of UAE and Panama Maritime Authority should ask the owner for wages of 23 months and repatriation of Mr Riasat Ali, a Pakistani seafarer;
ii) In the case of no response from ship-owner, the insurance provider of that vessel has to pay for those costs; Otherwise, P & I Club should solve for due costs;
iii) If there is no solution within two months, the UAE FTA should take action under the relevant provisions of UAE law.
Organisación Marítima Internacional (14 Abril 2020)
In particular, I also duly note that the comments from Pakistan on this case are as follows:
•The Federal Transport Authority-Land and Maritime (FTA) of United Arab Emirates and the Panama Maritime Authority should ask the owner for wages of 23 months and repatriation of Mr Riasat Ali, a Pakistani seafarer;
•In the case of that there is no response from the shipowner, the insurance provider of the vessel has to pay for those costs; Otherwise, P & I Club should provide for due costs;
•If there is no solution within two months, the United Arab Emirates FTA should take action in accordance to the provision of United Arab Emirates laws.
Therefore, I look forward for further comments from in particular the representatives of the United Arab Emirates, Panama, and also from the IG of P&I Clubs in case one of their members is a relevant insurer provider in this abandonment case.
Non-governmental Organization (1 Septiembre 2020)
Three crew are still on ship, and they have not been paid for the last 15 months.
Fed. Int. de los Trabajadores del Trasporte (ITF) (25 Septiembre 2020)
5 crew still on board the vessel. Owners are looking for a new buyer after the last sale fell through. Crew are being supplied with food and fuel by the owner. Wages remain outstanding.
Non-governmental Organization (23 Octubre 2020)
The crew are still on ship and have not received wages. They are desperate to go back home. Food is now supplied by port authority and owner is not assisting them anymore.
Panamá (31 Diciembre 2020)
PMA imposed a documentary restriction over the vessel, which prevent the cancelation of the registry and the change of ownership in the registry. The vessel was sanctioned through the Resolution No. 106-S-79-DGMM of December 13,2019.Through Emails dated April 08, 2020 (Response to ISWAN) / April 10,2020 (Response to Govt. of Myanmar) / April 16, 2020 (Reponse to Govt. of Pakistan), this Administration informed that we have granted prompt assistance upon request, and make our best efforts to try to contacted in several occasions the Owners, Operators and ocal Registered Agents.However, too much time was lost in this abandonment case, and that huge delay in the notification generated that by the time the labour complaint was presented, the financial securities of
the vessel “IBA” have expired on June 18, 2018, the P&I Maritime Mutual Insurance Association (NZ) Limited notified on January 09, 2019, the cancelation of the financial securities due to omission to pay, and the owners do
not respond to this Administration. Despite from this scenario, this Administration offered to cover the repatriation costs of the four (4) crewmembers on board, which was further declined by them through the Statement send on July 28, 2019, meaning that they were kept on board due to their unwillingness to be repatriated. Finally, the Panama Maritime Authority would like to reiterate our compromise with all our seafarers on board Panama flagged vessels, and we offer once again to cover the expenses of the repatriation, in accordance with Standard A220.127.116.11 of the Maritime Labour Convention, 2006, as amended.Throguht Email dated April 20, 2020, we send NOTE DGGM-ALM-132-2020 of April 16, 2020, addressed to crewmembers, whereby the Panama Maritime Authority reiterates our compromise with all our seafarers on board Panama flagged vessels, and offer once again to cover the expenses of your repatriation, in accordance with Standard A.2.5.4 paragraph 5 of the MLC, 2006, as amended.
Non-governmental Organization (15 Enero 2021)
The crew are still on board and their wages have not been cleared.
Non-governmental Organization (5 Marzo 2021)
Based on email from Flag State on 18th Feb, crew were expected to repatriate by mid March. The crew outstanding wages have been settled. Awaiting more updates regarding their repatriation.
Panamá (7 Mayo 2021)
From Maritime Labour Affairs Department
On May 6, 2021, our representative from Regional Office of Panama Maritime Authority in Dubai, Eng. Octavio Rangel, went on board of M/V IBA to see the conditions of the seafarers that had been on board for four (4) years.
Apparently, the crew is in good health, considering that they need to be checked by a physician.
Besides that, today this crew received some provisions, as food and water. M/V IBA is docked at DMC No.1 Dubai.
The crew also received their owed wages according to the “Statement of agreement” up to March 5, 2021, still pending the corresponding month of April, 2021 and their repatriation has been extended, for example, the Chief Engineer (from Myanmar) has his flight ticket programmed for May 11, 2021.
Five (5) crew from the M/V IBA are waiting to be repatriated, one from Myanmar that has his flight ticket, 3 crew from India (without flight ticket due to lockdown) and the last one from Pakistan.
Panamá (14 Mayo 2021)
From Maritime Labour Affairs Department
The Chief Engineer has already been repatriated.
Panamá (9 Junio 2021)
From Panama Maritime Authority
We would like to inform you that the five crew on board M/V IBA with IMO No. 9438200, have been repatriated and also they received there remaining outstanding wages. With the above information, we would like to make you know that this abandonment case has been settled.
Otro (10 Junio 2021)
From ISWAN (ICS)
This is to confirm that all 5 Seafarers of MV Iba vessel have returned back home and the outstanding dues have been cleared. The case can be closed.