What happens if drugs are found on ships?

A ship may be chartered to take a cargo to an area which is a known haven for drug smuggling and this could expose the ship, and its crew, to potential criminal activities - either wittingly or unwittingly.

There have been some recent high profile cases in which seafarers have been mistreated and given severe sentences of up to 30 years imprisonment - shipowners need to undertake thorough risk assessments and abide by the latest IMO guidelines to protect the ship, its cargo and the crew.

What is the immediate action plan?

Upon receiving orders to enter a high threat area, the entity responsible for managing the ship (typically the owner, third party ship manager or even the Master within smaller companies) must immediately perform a full security risk assessment, including an evaluation of the threat (capability, opportunity, intent), the vulnerability of the ship/crew, the probability of a smuggling event happening, the impact of a smuggling event, and eventually the risk. This assessment should include a consideration of mitigation measures.

When the security risk assessment is complete, the necessary mitigating measures should be planned for and implemented, including procurement and installation of any appropriate equipment, briefing of crew members and undertaking drills and checks of procedures before entering the high threat area.

What rules and regulations need to be followed?

It’s important the ship is up to date on the IMO guidelines for mitigating the risks and understand any special requirements under flag or port state rules, such as guards on board, CCTV or dog searches.

Guidelines on fair treatment of seafarers detained in connection with alleged crimes have been adopted by the International Labour Organization (ILO) and the International Maritime Organization (IMO). They include extensive and specific recommendations for shipowners to follow should crew employed or engagement by them be detained on suspicion of committing a crime.

Who else needs to be involved?

The technical manager (often the owner) is responsible for the practical execution of the operation and for associated risk management activities. This typically also includes dialogue with insurers, who will typically need to know in advance of the ship entering a high threat area. The P&I Club typically covers third party liability risks and will offer practical and legal advice to help prevent incidents and manage risks.

How does BIMCO help?

Before entering the high threat waters: Our work on contracts and clauses means we can help shipowners and charterers cover the risks and understand their responsibilities when venturing into areas at high risk of drug smuggling. We have helped develop guidelines for risk management through the IMO and also in industry groups and provide training courses so our members are up to date on the legal and contractual issues involved in anti-drug smuggling situations.

Our wider role in the industry: We can offer advice and threat assessments to our members, drawing on our ongoing dialogue with other stakeholders (such as governments, military, judiciary, law enforcement and commercial security providers) as well as helping those stakeholders better understand the issues facing commercial shipping.

In the event of an incident: Should a situation arise – perhaps drugs are found on board a ship, or crew members are accused of illegal activity - then our experts are able to offer advice. We can provide case-by-case advice and behind-the-scenes dialogue with authorities to find solutions to ongoing cases.

Who works in commercial shipping?