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Badr(Mariam B)[disputed]


Abandonment ID: 00681
Nombre del buque:Badr(Mariam B)[disputed]
Bandera:Jamahirya Arabe Libia
No. OMI:9356426
Puerto de abandono:Burgas anchorage, Bulgaria
Fecha de abandono:1 Mayo 2022
Fecha de notificación:13 Agosto 2022
Reporting Member Govt. or Org.:Fed. Int. de los Trabajadores del Trasporte (ITF)
No. de marinos:15
Circunstancias:P&I : East of England

15 crewmembers are owed 5 months wages. A local company owner claims ownership of the vessel as unpaid debt from the Libyan company. Vessel has been approx. 3 years at anchorage. It appears that crews come and go on it, frequently with delays of wages and scarcity of water and provisions.
Acciones tomadas:13 Agosto 2022: Flag State informed
Written to the beneficial owner, registered owner
Estado de la repatriación:13 Agosto 2022: Repatriation pending
Most crew are awaiting repatriation.
Estado del pago:13 Agosto 2022: Payment Pending
The total wages outstanding is US$323,500.
Comentarios y observaciones:Fed. Int. de los Trabajadores del Trasporte (ITF) (13 Agosto 2022)
We believe that the vessel has changed name to MIRIAM B and flag to Israel.

Israel (28 Agosto 2022)
The motor tanker " Miriam b " or ex name " Badar " registered under Israeli flag on 18/2/2020.
Since then a discussion has been going on by the Israeli court on the question of who is the current owner Of this motor tanker vessel.
The issue is currently under discussion with the Israeli supreme court.
We check the matter with the Israeli owner and we received the reply from the operating company name " Petromar " and this is the reply that we received from them.
" Dear Sirs,
Owners are surprised to receive such message.
MT Miriam B is not abandoned.
Vessel is regularly supplied with fuel, fresh water and food.
Also crew is regularly changed.
There is only delay in wages payment because the ship is not working and the Owners have some difficulties.
We are planning to pay outstanding salaries till the end of August, 2022.
Please find attached Master’s report proving the real situation on board.

Bulgaria (2 Septiembre 2022)
The Bulgarian Maritime Administration has never been informed in the due order of the ‘abandonment’ of ‘BADR’/’MIRIAM’.
According to a report by the Captain of the vessel (hereby attached), signed by the members of the crew, the salaries of the crew have been paid, albeit with delay; the last payment being done in March 2022. The tanker has been regularly supplied with minimal amounts of fuel, fresh water and provisions.
In addition to this, the Bulgarian Maritime Administration would like to remind that Order Б-3A-2 dated 15/01/2019, issued by the Director of Maritime Administration – Burgas, is still in force and it prohibits the sailing away of the vessel due to irregularities of its papers. Order Б-3A-3 of10/04/2020 and Order Б-3-34 of 13/04/2020, issued by the same authority, are also still in force and these effectively put the vessel under arrest.
Ever since 15 January 2019 the crude oil tanker ‘Miriam B’/’Badr’/’Bdin’/’Morgana’, IMO # 9356426 has been at anchorage (Anchoring Point # 4) off the port of Burgas.

Fed. Int. de los Trabajadores del Trasporte (ITF) (15 Septiembre 2022)
The crew of the MIRIAM B have stopped communicating with the ITF. Part of the last message we received stated

“everyone is afraid because of the threat of ???? and ????, as they are in collusion and in the future we will have problems with employment. Recently, they called each crew member on personal telephone numbers with a threat to stop complaining and said that nothing will work out for you and we are not afraid of organizing itf and will solve all issues at the local Bulgarian level”.

The non-payment of wages for 5 months (more than $323,000) is a clear breach of Standard A2.5.2 (c) Financial security of the Maritime Labour Convention 2006, (MLC) and although it is alleged that the outstanding salaries have been paid until June, the July and August wages remain unpaid. The ITF will not agree to this case being removed from the database, but will advise the ILO that the status can be set to disputed as we can no longer verify payments made.

Otro (15 Septiembre 2022)
From the IG P&I
I would like to confirm that the East of England P&I insurer is not a member of the International Group of P&I clubs. The East of England has been named specifically to resemble the names of two IG clubs; the West of England now known as “West” and North of England known correctly as “North” or the North Group.

Otro (30 Septiembre 2022)
Libyan navigator Ltd sent a mail to the IMO as below.

Libyan navigator Ltd is an SVP company registered in Malta and are the Legitimate Owners of Libyan flag vessel M.t Badr officially registered in Tripoli port/Libya (IMO Number 9356426), and the title of which has been unlawfully changed to Israel flag and renamed ‘MIRIAM B’.

Libyan navigator Ltd refers to your e-mail letter of 14th Sept 2022, addressed to Mr. Dimitar Simeonov in respect crew onboard of M.t Badr renamed ‘MIRIAM B’.

Libyan navigator Ltd Without prejudice reserves its own rights and would clarify to IMO the following facts:

• M.t Badr has been at Burgas port anchorage since initial detention by Bulgarian maritime authorities while at berth for discharging at Burgas port on 21-11-2017 basiof s allegation of a mortgage claim.

• On 21-12-2018 Bulgargomin consortium forcibly took control of the vessel Basis an auction conspired sale despite valid court suspension orders, and forcibly signed off and repatriated all legitimate Owner’s crew.

• Libyan Navigator Ltd, the legitimate Owners can confirm that successful legal actions and court orders revoked the auction sale and its retroactive actions and decertified the enforcement officer license.

• The Greek attorney general prosecuted Bulgargmoin representatives who forged the alleged mortgage document and ruled for their imprisonment.

• Bulgargomin performed many Vessels registration attempts in (Bulgaria, Liberia, Panama, Belize, and Cameron), all attempts have failed and/or successfully revoked.

• Thereafter Bulgargomin consortium unlawfully changed ownership and management to (Livia services co ltd), a company which is based in Israel, who illegally changed the vessel flag to the Israeli flag and renamed vessel ‘MIRIAM B’, without presenting an official deletion certificate from her home port registry in Tripoli/Libya.

• 14-05-2022 Hifa court/Isreal revoked the unlawful Israeli registration of M.t Badr and accordingly Israeli maritime Authority deleted the vessel from its registration.

• Libyan Navigator Ltd, the legitimate Owners are continuing to pursue all legal procedures before various international jurisdictions (Bulgaria, Greece, Israel, and Libya to regain title and control of the vessel.

• Livia services ltd have on board 15 seafarers from Ukraine since 1st May 2022 and who as we understand reported by ITF to have been abandoned, Accordingly, IMO is urged to investigate with vessel crew and Bulgarian maritime authority at the port of Burgas in respect of crew unpaid wages and the Israeli marine registrar In respect of the current valid flag of the vessel and the rightful Owners, there is no such vessel with the name ‘MIRIAM B’ registered in Israeli maritime registrar.

Otro (14 Octubre 2022)
Libyan Navigator LTD sent the below mail to the IMO

The vessel BADR was registered in Libya under the Libyan flag on 08-01-2009 and remains validly so registered. The owners of the vessel are Libyan Navigator Limited of Malta (which is managed by GNMTC). They are the only true owners. No other company has a valid claim to ownership of the vessel. The vessel’s rightful name is BADR and the rightful flag – is Libyan. From 2018 till nowadays the vessel’s name and flag have been changing illegally several times:

- BDIN/Bulgaria/provisional flag – withdrawn by the port register itself
- BDIN/Panama/provisional flag – annulled by the court;
- MORGANA/Belize/provisional registration – appealed and in the meantime expired
- BDIN/Cameroon/provisional flag – refused
- MIRIAM B/Israel/permanent registration – deleted due to the court judgment

Having in mind that IMO/ILO database still considers the tanker registered under the Israeli flag under another name Miriam B, we would like you to accept this as a statement of facts.

It is indisputable that on the 30th of June 2022 the Israeli register issued a Deletion certificate due to the Israeli first instance judgment rendered by Haifa Court. The Judgment is enforceable. The enforcement was confirmed as well by the Supreme Court, which declined the opponents’ application for a suspension.

The rightful main register of the vessel at port Tripoli, Libya remains the only one that keeps the permanent registration of the vessel valid and in force. A certificate for permanent registration issued recently proves that.

In addition, please see attached the prohibition as well for sailing and sale that is issued from the Tripoli Registry of the vessel.

Having the above in mind, we kindly request from you to update your database and to point out the rightful name and flag of the vessel. Also, as the information above is a useful and helpful warning for your members, we would be pleased to know that this information is included in your regular or ad hoc bulletins. This would prevent another port registry or flag state to be misled and maybe to wrongfully registering the vessel provisionally or permanently.

The vessel was entered with Class NK by Libyan Navigator. They continue to be the only legitimate owner having the right to acquire a class for the vessel and/or to change it. No other classification documents would be valid, legitimate or in use for any request or permit for sailing. Bulgarian Marine Administration and/or authorities must NOT allow any survey for classification purposes. In this regard, we ask the honorable representatives of IACS to update their database as well and inform its members for the current situation. Same is valid for the member clubs at IGPANDI which this notice is addressed to as well.

In conclusion, in our capacity as the Owners, we kindly ask you to use your resources for communication and to alert all port registries, member states, and member organizations about the situation and that the Deletion certificate from Israel does not mean that the vessel is clear for permanent registration elsewhere. A warning message for the members is necessary that the vessel is not clear for sale, neither for flag registration nor for class inspection and/or for insurance.

Última actualización: Viernes - 18 Noviembre 2022 10:32:29^ top

En colaboración con la Organización Marítima Internacional