Fines in Gabonese Ports - Particularly Port Gentil

Following on from our previous circular of March this year concerning these fines please note the following.

For the last four years, vessels which are calling in Gabon are facing heavy and unfair fines from Merchant Marine and from Customs.

This problem first occured in 2005 when Port State Control inspectors received instructions to no longer accept copies of ship's documents and certificates but only originals, and if these are not on board they inflict fines and delay departure of the vessel until paid.

We/TCI have dealt with numerous incidents during the past years and below  are some examples of various types of fines inflicted:

• In February 2007, a fine in an amount of Euros 6,097.96 for absence of original stamps on a Medical Chest certificate and absence of Bureau Veritas stamp on documentation of compliance to International Convention for the Safety of Life at Sea certificate.
   
• In February 2008, fine in an amount of USD 2,000.00 for non presentation of original crew certificates.
   
• In May 2008, fine and arrest in an amount of Euros 18,293.88 for "non compliance with enforceable International Law", in fact non conformity of some certificates (Radio, Safety Equipment, ISPS code, International Oil Pollution Prevention certificates)  etc.
   
• In December 2008, fine issued by Merchant Marine in an amount of Euros 3,048.70 for not having flown the Gabonese flag inside Gabonese waters and another fine issued by Custom services in the same amount for not having presented original of inward clearance documents.  (These were in electronic form issued  in Rotterdam and did not mention Ogendjo Port as next port of call).
   
• In May 2009, fine issued by Merchant Marine in an amount of Euros 9,146.94 for use of electronic crew certificates rather than originals.
   
• In July 2009, fine inflicted for USD  4400 but negotiated down to USD 1000 but  Master became abusive to PSC therefore original fine maintained and a further amount of USD  6.600 was added for "gross insubordination"  = total 11.000 USD!!

We would therefore strongly suggest that the following recommendations be given to Members who are calling Gabonese Ports.

SHIPS CERTIFICATES
The Gabonese circulars FAL.2/circ 87, MEPC/circ.426 and MSC/circ1151 dated 17/12/2004 provide that all ship's certificates and other documentations must be presented to Port State Control in original form. Unfortunately Gabon have not yet enforced the use of electronic documentation and until they do they abide by their own circulars.

CUSTOMS CLEARANCE
According to Gabonese Customs, the clearance must mention:

• the name of the vessel and that of the Master
• the name of the previous port (for Inward clearance) and the name of the port of destination (for Outward clearance), and the name of the Gabonese port if the vessel is in transit and to load further cargo
• the date of issuance of the clearance and the date of departure of the vessel
• the quantity loaded or discharged
• the flag
• the signature and stamp of the Custom services
• Clearance document must  be free of any alteration.

In case of doubt, before arrival, Master should inform his agent in order for him to contact Merchant Marine or Customs.

For cargoes in transit, we are currently requesting official and firm instructions from the Merchant Marine.

IMPORTANT
We strongly suggest that Masters remain extremely calm at all times and comply strictly with these requests from the PSP officers and  not try to mislead them as this will only "antogonise" and will hence probably lead to increases in the amounts - furthermore it could possibly enable the Club Correspondant to try and negotiate fines.

Marseille 5th November 2009

Bertrand Giraud
ELTVEDT & O'SULLIVAN as Managers' Agents for TCI AFRICA
www.eltvedtosullivan.com
 
Phone : +33 (0) 4.91.14.04.60
Direct line : +33 (0) 4.91.14.04.44
Mobile : +33 (0) 6.13.17.55.84
Fax : +33 (0) 4.91.56.12.81