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Glory Sea[disputed]

IMO9183518


Abandonment ID: 00366
Nombre del buque:Glory Sea[disputed]
Bandera:Bahamas
No. OMI:9183518
Puerto de abandono:Sasebo, Japan
Fecha de abandono:11 Noviembre 2018
Fecha de notificación:13 Noviembre 2018
Reporting Member Govt. or Org.:Fed. Int. de los Trabajadores del Trasporte (ITF)
No. de marinos:195
Nacionalidades:
Circunstancias:Vessel is currently at an anchorage off Shanghai ceasing normal operation due to MLC violation on Port State Control investigation. 16 crew members have reported that they are unpaid since July. This has been admitted managers. It appears that the problem may be more widespread. Several contracts are also expired.
Acciones tomadas:13 Noviembre 2018: Other
Vessel detained at Sasebo, Japan and Japan PSC accepted RAP (Rectification Action Plan) having the deadline (end of December 2018) for rectifying this issue approved by the RO (recognized organizations; RINA) and the Flag State administration. Then, the ship departed to Shanghai on the same day. PSC informed to the next port asking for a follow-up.

30 Noviembre 2018: Other
Requested PSC investigation at Sasebo, Japan. Vessel detained by PSC in Shanghai pending resolution of issues. Flag state notified and has acknowledged the case.
Estado de la repatriación:30 Noviembre 2018: Repatriation pending
Almost all seafarers are waiting for repatriation
Estado del pago:30 Noviembre 2018: Payment Pending
The last salary payment was June 2018.
Comentarios y observaciones:Fed. Int. de los Trabajadores del Trasporte (ITF) (13 Noviembre 2018)
Dear Technical Manager Likai,

I am writing this mail to request you to pay salary and repatriate crews in GLORY SEA - IMO 9183518.
The ship is now in Sasebo, Japan and i have got informed by ITF London that more that 190 crews in this ship have not been paid since July 2018.
You explain that your office had a burglary and all money and documents have been taken from the office.
Even so, it cannot be an excuse of no payment of crew's salary.
You have also taken Air Ticket fees of RMB 990 from crews every month.
Some crews' contracts have already expired and they are in the ship without any effective contracts.
All those practices have violate Maritime Labor Convention.
PSC officers are now in their investigation and the ship will be detained at Sasebo until you resolve those problems.
I would like to ask you to send me calculation sheet of unpaid salary for all crews and flight arrangements for crews whose contracts have expired already.
I am looking forward to your response.

Best Regards,

Fusao Ohori
ITF Coordinator Japan


Bahamas (15 Noviembre 2018)
Dear Mr Ohori,

Thank you for your email.
Please be informed that, in compliance with IMO Procedures on Port State Control, this Administration has already been informed of any deficiencies by the Japan PSC Office,
already aware of all the details mentioned in your email and in continuous contact with the ship manager and the PSC authorities.

While we appreciate your interest on the matter, please be reminded that The Commonwealth of The Bahamas as signatory of MLC 2006 is guarantor of compliance with MLC 2006 as implemented by The Bahamas Merchant Shipping (MLC) Regulations.
We hope this email reassures you for the best outcome in compliance with MLC provisions.


Kind Regards,
Giovanni Ciniglio, CEng MRINA
Technical & Compliance Officer
Inspections & Surveys



The Bahamas Maritime Authority
120 Old Broad Street
London
EC2N 1AR
Email: gciniglio@bahamasmaritime.com
Website: www.bahamasmaritime.com


Fed. Int. de los Trabajadores del Trasporte (ITF) (30 Noviembre 2018)
ITF has received reports of more than 30 crew members going on strike to protest non-payment of wages.
We have also received reports of owner attempting to repatriate crew without wages and attempting to use police to remove unpaid crew from the vessel.
Further, there are reports that “air ticket fees” have been deducted from wages.
Manager claims that a theft from their office has led to the situation.


Bahamas (3 Diciembre 2018)
Dear Jan De Boer

Thanks for your email.

Please note that the “Glory Sea” IMO Number 9183518 is flag-state detained by Bahamas on the roads off Shanghai where she stays at anchor due to non-compliance with MLC 2006 as amended. The non-compliance is abandonment of crew (primarily non-payment of wages) as stated in the report.

The ship will remain under flag-state detention until all matters regarding the received complaints of non-compliance and abandonment have been resolved.

If you have further questions or queries please do not hesitate to contact me or one of my colleagues.

Regards,

Capt. Óli Hans Hammer Olsen
Assistant Director
Manning and Seafarers Dept.


Fed. Int. de los Trabajadores del Trasporte (ITF) (21 Enero 2019)
Dear Managing Director,

ITF confirmed that you and myself are on the same understanding that P&I insurance coverage with maximum 4 month salaries and repatriations applies to crews on board the ship.
I have got complaints from 20 ex-crews of Glory Sea, who were repatriated in July, Aug Sept 2018 but have not been paid with salaries since July 2018, and they have also complaints that Air Ticket deposit of RMB 2,870 prescribed in Section 3 of attached SEAFARERS EMPLOYMENT AGREEMENT have not been returned to them yet.
Present crews in the ship have also been deducted RMB 2,870 from their first 3 month salaries, and therefore these deposits have to be added to their outstanding wage claims.
I would like to inquire you if unpaid salaries and the deposits of ex-crews are supposed to be retrieved with legal action only when Diamond Cruise or Shanghai Xinhong Shipping fails to fulfill their responsibility.

I am looking forward to your response.

Best Regards,

Fusao Ohori
ITF Coordinator Japan


Bahamas (28 Mayo 2020)
Please be advised that below vessel was deleted from The Bahamas Register on 26th May 2020 and transferred to Liberia.

GLORY SEA
OFFICIAL NO: 7000878
CALL SIGN: C6CI6
MMSI: 311 000 482
IMO NO: 9183518



Fed. Int. de los Trabajadores del Trasporte (ITF) (5 Marzo 2021)
Awaiting outstanding wages to be paid by the law firm. Disputed.

Bahamas (26 Julio 2021)
We refer to LEG 108/4(a), Annex, page 54, with respect to the GLORY SEA which is reported as UNRESOLVED.
As per our records, the vessel GLORY SEA was deleted from our registry on 26 May 2020 and transferred to Liberia.
We completely agree with your findings decisions and the procedures involved, but wish you and your team to consider, that irrespective of the current status (resolved or disputed etc) of the vessel, the Flag should be changed since she has been deleted from our registry and transferred.

We do not necessarily want to amend the case as resolved, if matters are pending, but amendment to the Flag is requested.


We are unsure of the current status of the vessel, which is not under our registry, but would like to make an appropriate intervention at the proceedings.

Could you kindly amend your records as to the Flag of the vessel since the Annex shows IMO as the reporter.



Organisación Marítima Internacional (26 Julio 2021)
Thank you for your swift response to my follow-up message and findings concerning the Glory Sea, which was reported as an abandonment case in late 2018 at the time the ship was registered in the Bahamas. In respect of the information regarding the registration at that moment the information on the joint IMO/ILO Database on Abandonment of Seafarers seems to be correct.

On IMO GISIS the registration of the Glory Sea changed in April 2020 from the Bahamas to Liberia and I herewith would like to include Mr. Mark Kryzak at IHS Markit who is responsible for the correct information on IMO GISIS.

The fact that there was a change of registry, even at the moment that the seafarers on board the ship were reported as being abandoned, has so far not been reported on the joint Database and of course could be inserted as all new information that is reported will be duly recorded on the database.



Otro (27 Julio 2021)
IHS MARKIT confirmed that the information on GISIS is correct / accurate.
Vessel, IMO 9183518, was (and still is) registered under the new name of BLUE DREAM STAR under the flag of Liberia. Vessel was as recently as 5th July 2021 inspected at Zhoushan and name / flag / ownership / management remain as recorded.



Bahamas (15 Marzo 2022)
The subject vessel formerly known as GLORY SEA now BLUE DREAM STAR, is still recorded against The Bahamas, as unresolved, despite presenting relevant documents almost a year ago.

Could you, or the ILO, kindly confirm when the IMO/ILO Joint Database of Abandonment of Seafarers will be updated and the reasons for this delay. Is there any specific requirement you may further have?

Further, may we have your confirmation if the IMO GISIS has been updated.

Refer to correspondence from July 2021 above for ease of reference.



Bahamas (25 Marzo 2022)
The subject vessel, formerly known as GLORY SEA, now BLUE DREAM STAR, is still recorded against The Bahamas, as unresolved, under document LEG 108/4(a) , Annex, Page 54.

We attach relevant email communications indicating the vessel’s deletion, the Certificate of Closure (Deletion Certificate), confirming official deletion date 26 May 2020, together with Lloyd’s List Intelligence Vessel Full Report, stipulating the current Flag State which is Liberia and current name, which is Blue Dream Star.

We request that the IMO/ILO Joint Database of Abandonment of Seafarers be immediately updated to duly reflect the accurate and current details and remove the name of Bahamas as Flag State.

We further request the above statement to be included in the Final Report.



Organisación Marítima Internacional (25 Marzo 2022)
the status of the vessel on the database has so far not been changed because so far no confirmation was received in the correspondence indicating whether the case was resolved or not.

According to the procedures of the database, the status of an abandonment case could only be considered as being resolved if ILO had received clear advice from the Member State or relevant organization that initially reported the abandonment case if:

.1 the totality of the crew had been successfully repatriated; and
.2 the totality of all outstanding remuneration and contractual entitlements had been paid and duly received by all the crew members.

Therefore, this need to be confirmed first by ITF before the necessary modifications could be made on the database website (refer also paragraph 4.11.12 of the report of LEG107 in document LEG 107/18/2).



 
Entered: Lunes - 26 Julio 2021 15:56:21
Última actualización: Lunes - 28 Marzo 2022 10:20:32
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En colaboración con la Organización Marítima Internacional