|Abandonment ID:|| 00363|
|Ship name:||Lady Bo[disputed]|
|7-digit IMO no.:||8212350|
|Port of abandonment:||Burgas, Bulgaria|
|Abandonment date:||4 October 2018|
|Notification date:||October 2018|
|Reporting Member Govt. or Org.:||ITF|
|No. of Seafarers:||13|
|Nationalities:||India(8); Türkiye(3); Ukraine(2)|
|Circumstances:||Crew unpaid for more than 4 months. Limited food and fresh water remain on board.|
|Actions taken:||28 November 2018: Other|
PSC detention, Panama flag state informed and advised on PSC to not release the vessel until salaries paid; P&I informed and aware of the case,
|Repatriation status:||28 November 2018: Repatriation pending|
Crew remain on the vessel
22 March 2019: Repatriation pending
Most of the Indians were repatriated by the crewing agency in India, except some, which have paid their own tickets. The Ukrainian and Turkish seafarers also has paid their own repatriation. Therefore reimbursement from the P&I has to be made for the ones that have paid themselves. Necessary documents will be provided to the club by the seafarers’ lawyer upon request.
There is one last seafarer, an Indian, who still waits someone to repatriate him as he cannot afford it himself.
28 March 2019: Repatriation pending
As far as the Indian 2nd Officer is concerned, flight tickets have been purchased and he is scheduled to fly from Varna to Delhi via Istanbul later today.
The two Turkish crew, namely the C/E and Cook, are ready to disembark at any moment. The P&I were informed that there are numerous buses that travel from Burgas to Istanbul daily and that their commute back to Turkey will not be an issue.
|Payment status:||28 November 2018: Payment Pending|
$87552 until 31 October
22 March 2019: Partially paid
ITF confirmed that 4 months wages are currently paid out to all of the Turkish (3), Indian (8) and Ukrainian (2) crew of the ‘LADY BO’ (IMO Number 8212350) which were abandoned in the port of Burgas, Bulgaria since 28 November 2018.
British Steamship P&I Club still has to make reimbursements for the repatriation costs of all the Ukrainian and Turkish seafarers, and some of the Indian seafarers. It should be noted that one Indian seafarer still needs to be repatriated since he cannot afford it himself.
Therefore, the flag State authorities of Panama should reiterate their request to the P&I club to reimburse the seafarers that have paid for their own repatriation and to set up a plan for repatriation of the last seafarer.
28 March 2019: Partially paid
4 months wages have been paid to the three remaining crew on board the LADY BO and arrangements have been made for their repatriation.
|Comments and Observations:||ITF (28 November 2018)|
P&I club is aware of the case but insists on waiting for the owner to resolve the matter.
Govt. of Bulgaria (29 November 2018)
From: Jan de Boer [mailto:JDeBoer@imo.org]
Sent: jeudi 29 novembre 2018 18:30
Subject: FW: m/v LADY BO (IMO Number 8212350) reported by ITF as abandoned
Dear Capt. Zhivko Petrov,
Thank you for the message to which was enclosed your letter containing information about the ‘LADY BO’ (IMO Number 8212350) and its abandoned crew together with the detailed list of the deficiencies, which apparently resulted in the detention of the ship in the port of Burgas. This information is duly noted and will be recorded on the joint IMO/ILO Database on Abandonment of Seafarers.
From: email@example.com [mailto:firstname.lastname@example.org]
Sent: 29 November 2018 14:34
To: Jan de Boer
Subject: m/v LADY BO (IMO Number 8212350) reported by ITF as abandoned
Dear Mr. Boer,
Referring to your e-mail dated 28th November 2018, please find in the file below the following information.
Govt. of Panama (30 November 2018)
From: Labormar [mailto:email@example.com]
Sent: 29 November 2018 19:03
To: Jan de Boer
Cc: firstname.lastname@example.org; Gabriela Ceron
Subject: M/V LADY BO - COMPLAINT
Jan de Boer
Senior Legal Officer
Legal Affairs Office
Legal Affairs and External Relations Division
London, United Kingdom
Dear Mr. De Boer,
Warmest greetings from the Panama Maritime Authority on behalf the Maritime Labour Affairs Department.
In this opportunity, please note that this General Directorate was informed through an email from the International Transport Workers' Federation about the situation presented on board the vessel "LADY BO", with the Statutory Patent of Navigation No. 49669-18, Call Sign 3FIL4, IMO No. 8212350, property of AZ-UL GLOBAL PETROLEUM AND CONSTRUCTION FO, regarding owed salaries and provisions.
We carry out the communications inherent in the complaint:
-We proceeded to request the restriction and sanction of the vessel from the Directorate General of Merchant Marine through Memorandum No. DGGM-ALM-1017-2018 of November 12th, 2018.
-We communicate with the operator and we haven’t received an answer.
In this sense we will continue communicating with those involved, in order to provide a prompt solution to this case.
ITF (11 January 2019)
Dear Sue (from insurance MS Amlin),
Thanks you for the below. Are you able to give a more definite timeline for the progress of this case?
You were advised of the crew’s claim against the insurance on 14 November 2018. The crew have now been waiting almost two months for the claim to be accepted. It seems clear that you accept that the crew have been abandoned.
I would remind you that that Standard A2.5.2 states:
“1. In implementation of Regulation 2.5, paragraph 2, this Standard establishes requirements to ensure the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment…
4. The financial security system shall provide direct access, sufficient coverage and expedited financial assistance, in accordance with this Standard, to any abandoned seafarer on a ship flying the flag of the Member…
8. Assistance provided by the financial security system shall be granted promptly upon request made by the seafarer or the seafarer’s nominated representative and supported by the necessary justification of entitlement in accordance with paragraph 2 above.”
Given the above, and the amount of time the crew have already been waiting, I would ask that you make every effort to ensure that the crew are repatriated and paid as soon as possible.
Senior Legal Assistant
Govt. of Panama (31 December 2020)
This case was reported by ITF on November 29, 2018.
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-11-DGMM of January 31, 2019.
On February 07, 2019, Mr. Sue Ren - Representative of the P&I MS AMLIN, informed the Administration tht they were already repatriating the crewmembers and paying the wages.
Govt. of Panama (14 July 2021)
From Panama Maritime Authority
We are still waiting for court ruling decision.
Govt. of Panama (28 October 2021)
From Panama Maritime Authority
We hereby inform you that the ITF confirmed the payment to all the crew and repatriation.
"The claims that I was dealt with in the year of 2017 (13/07/2017, 10/11/2017 and 12/12/2017) were settled, i.e. the final wage payments due to off-signers were made, and the repatriation (last case) was arranged.
Later on my colleagues from Black Sea region were dealing with other claims brought up by crewmates in the year of 2018 and after ship's rename in the years of 2020 and 2021. I think you can request and obtain the evidence of settlement the problems from the company directly."