|Abandonment ID:|| 00555|
|7-digit IMO no.:||8509703|
|Port of abandonment:||Santos, Brazil|
|Abandonment date:||30 April 2021|
|Notification date:||21 June 2021|
|Reporting Member Govt. or Org.:||ITF|
|No. of Seafarers:||15|
|Nationalities:||Montenegro(2); Georgia(8); Ukraine(5)|
|Circumstances:||P&I: Hanseatic Underwaters|
Owed wages and a lack of provisions, water and fuel.
Vessel arrested by the Brazilian Prosecutor Labour Authorities with a court decision.
|Actions taken:||8 June 2021: Flag State informed|
Contacted the Brazilian Labour Authorities; owner, agent and port state control.
ITF has been in constant contact with the Georgian Embassy and the Ukrainian Consulate.
On May 22nd, ITF was able to accompany the Ambassador of Georgia, Mr. David Solomonia, on a visit to the ship.
|Repatriation status:||Repatriation pending|
All crew are awaiting repatriation.
|Payment status:||Payment Pending|
|Comments and Observations:||Govt. of Panama (8 July 2021)|
From Maritime Labour Affairs Department
We inform you that once the state of abandonment was reported by the ship's crew, this Maritime Administration contacted the P&I responsible for issuing the financial guarantee, Thomas Miller, to urgently request assistance will be provided to the crew that was in a state of abandonment.
On July 6. of 21 the P&I, the legal representatives of the P&I in Brazil reported the following:
• Regarding the conditions of the crew, they indicated that the ship has been provided with provisions necessary for the subsistence of the crew, such as food, water and bunker.
• Regarding the wages owed, they told us that four (4) months of wages (120 days) would be paid in 7 days after the bank confirmation.
• Regarding repatriation, the P&I will carry out the disembarkation and repatriation of the current crew, as well as the payment of all the necessary costs after the embarkation of the new crew that will be provided by the new shipowner.
Govt. of Serbia and Montenegro (9 July 2021)
From Embassy of Montenegro in the UK
I would like to confirm that the Embassy of Montenegro in
Brazil has informed us yesterday that they have been in contact with commander of SRAKANE Cpt. Eduardo Goguadze, who provided information on the condition of the crew, financial situation and process of repatriation, which fully correspond with Katia’s mail.
Govt. of Georgia (13 July 2021)
From Maritime Transport Agency of Georgia
Time is of essence in this case. After long conversation and many hours spent with the crew, Captain has issued consent to PandI agreeing 4 month compensation and safe return to homes, of course remaining wages and outstanding expanses to be expected as a result of court proceedings currently ongoing.
Our crew has not yet received any response from PandI and days are just adding up. We need to speed up the matter and return crew members to their respective countries as soon as possible. Also, there is an issue to be decided on the substitute crew, which is currently pending.
I am hopeful that this issue will be solved soon as moral of seafarers is deteriorating day by day. For example ship master Goguadze has lost his both parents last month and he is unable to return back home. He also does not want to return alone, since he is responsible Master for the welfare and wellbeing of his crew.
Govt. of Brazil (16 July 2021)
From Alternate Permanent Representative of Brazil to IMO
The merchant vessel SRAKANE, without cargo, has been in Brazilian jurisdictional waters since April 2020, and it is currently berthed at the port of Santos with no commercial or maintenance contracts.
Chronological account of the events involving the vessel:
- 03JUN2020: The International Transport Workers’ Federation (ITF) sent an email to the Regional Superintendence of Labour and Employment of the State of São Paulo (SRTE-SP) to report that the vessel’s crew was on board without wages or supplies. On that occasion, the vessel was anchored south of the São Sebastião Channel.
The SRTE-SP forwarded the content of the report to the following Brazilian authorities: Sanitary Authority (ANVISA), Federal Police (PF), Maritime Authority (AM), Port Authority and the Federal Public Ministry of Labour (MPT).
- 04JUN2020: A Labour Inspector sent a notification to the representative on board the vessel requesting the working documents to verify the working conditions, particularly the crew’s wages. Subsequently, on 10 June 2020, representatives of AM, PF, SRTE-SP, and the vessel’s agent boarded the vessel so that each agent could take the necessary measures within their sphere of competence.
During the Port State Inspection, the Maritime Authority Agent found deficiencies that prevented the vessel from continuing its voyage. Since then, the Port Authority of São Paulo (CPSP) visited the vessel 8 (eight) times, and it was found that none of the deficiencies pointed out in the Port State Control inspection report had been corrected.
During the period in which the vessel is in the CPSP’s area of jurisdiction, 21 Notices of Violation were issued for non-compliance with the Brazilian regulations in force, with no record of any payment so far.
The SRTE-SP ruled out the occurrence of any case of slave labour on board. However, under International Treaties to which Brazil is a party, the vessel cannot leave the country without proof by the company responsible for the full payment of the amounts due to the crew.
Govt. of Brazil (17 July 2021)
The vessel’s charterer was also unable to demonstrate the financial capacity to settle the outstanding debt. Thus, the company was issued a notification to present the commercial contract justifying or giving minimum guarantees. As a result of the last action, the Ministry of Public Labour Prosecution filed a public civil motion seeking a court-ordered seizure of the vessel.
The Maritime Authority informed the Ministry of Public Labour Prosecution of the possibility of crew abandonment and, subsequently, the vessel. It was also suggested not to evacuate and repatriate the crew, not to compromise the safety of navigation. In the case of the appointment of a bona-fide depositary for the vessel, this should be the shipping agent.
- 02JUN2021: In a meeting held by the SRTE-SP to establish the current situation of the crew of the M/V SRAKANE, the following information was collected by the said authority through recent inspections and from the crew’s testimonies:
• non-existence of valid employment contracts;
• non-compliance with the Shipowner’s duty to repatriate the crew at the shipowner’s expense;
• history of lack of food, fuel, maintenance materiel and safety equipment, noting that the crew found themselves without adequate support and means for work and subsistence;
• non-payment of wages for more than four months and lack of interest in solving the ship’s and crew’s problems (expired employment contracts), indicating that the Shipowner unilaterally broke their ties with the seafarers; and
• the company “CBA Exportação de Produtos Agrícolas Ltda”, guarantor and holder of the OWNERSHIP of the ship, according to the Conduct Adjustment Agreement drawn up with the Attorney General for Labour of the 15th Region, has been sending essential supplies irregularly and paying small amounts for emergency expenses in place of the Shipowner.
Finally, that coordinator understands that the crew aboard the NM "Srakane" are in a situation of ABANDONMENT by their employers, under the terms of Convention 186, of the International Labour Organization (ILO).
The Regional Coordination of Inspection of Port and Waterway Labour provided information that the company CBA Exportação de Produtos Agrícolas Ltda did not settle the pay arrears.
The Argos Maritime Agency, which initially represented the Shipowner, broke their commercial contract, alleging lack of payment and loss of confidence with the CBA, and no longer represents it.
Currently, the company Seachios is managing the ship, but the company’s documentation does not include the activity of a Maritime Agency (it is registered as a company capable of collecting hazardous waste and maintaining and repairing vessels and floating structures).
- 17JUN2021: A meeting was held at the M/V Srakane with the Panama Flag Inspector, Ship’s Master, and representatives of the ITF and the CPSP.
The ship’s Captain provided information that the crew does not wish to be repatriated without receiving the arrears of their total wages.
The representative of the Maritime Authority of Panama (AMP) was unable to respond about the procedure adopted by its Maritime Authority after the repatriation of the crew, considering that the ship must comply with the Safety Crew Card (CTS). He was only able to provide information that the situation would be reported to the AMP.
The CPSP will send a letter to the Panamanian Consulate, emphasizing that, in the event of the crew’s repatriation, there is a need to replace it, in advance, with a new one. An essential condition for the vessel’s maintenance, respecting the provisions of its CTS, thus ensuring the vessel’s safety, uninterrupted waterway traffic and avoiding damage to the marine environment in the channel of the Port of Santos.
Other (4 August 2021)
From Thomas Miller Claims Management Ltd through Panama Maritime Authority
We are currently in the process of collating all costs associated with this matter and will provide you with the relevant breakdown for same once complete. Whilst we have settled 4 months wages for all crew, we are yet to receive the final costs associated with repatriation and agents costs associated with same.
ITF (10 August 2021)
July 23rd the crew received $147,200.00 equivalent to 4 months salaries paid by the P&I club. The outstanding balance is now $84,741.00.
The repatriation process started on August 31st when 9 crew members were repatriated and the rest of the crew were repatriated on August 2nd.
All the crew undertook Covid-19 tests and were all negative.
2 crew members from Montenegro were refusing to disembark until the received their outstanding wages, however, they have now disembarked and been repatriated.
The vessel has been arrested by the court and the next hearing is scheduled for the beginning of September.
ITF (30 November 2021)
The crew were repatriated back to their home countries in early August with expenses paid by the P&I. The P&I also paid 4 months of owed wages. The crew had completed 6 months without salaries until the date of repatriation, leaving 2 months to receive. The remaining USD 84,741.00 for the 2 unpaid months is being decided by the ongoing court case in the city court. At the last hearing in mid-September, the judge heard everyone involved in the case: the local agent, P&I, Port State Control, attorneys, and the federal labour prosecutor who is defending the interests of the crew. In the end, the judge scheduled the next hearing for February 2022, and informed that he would review the appeals before the end of November to then judge what fate would give to the ship. Unfortunately, neither the Brazilian charterer nor the shipowner attended the hearing.