Marine Advisory: 12/2022 - Guidance on Repatriation of Seafarers due to the Situation in Ukraine

May 24, 2022

Marine Advisory: 12/2022

SUBJECT: Guidance on Repatriation of Seafarers due to the Situation in Ukraine

Reference: a) MTWTU’s official statement on crew change of Ukrainian seafarers

1. Tokyo MOU Interim Guidance relating to Ukrainian Seafarer Repatriation due to the Regional Conflict

1. Paris MOU PSCircular 101: Guidance on repatriation of seafarers due to situation in Ukraine

Dear Shipowners/Operators//Seafarers:

The purpose of this Marine Advisory is to provide guidance regarding the repatriation of seafarers affected by the conflict in Ukraine and around the region, after consideration of the official statement issued by the Marine Transport Workers Trade Union of Ukraine (MTWTU), reference a); Tokyo MOU Interim Guidance, reference b); and Paris MOU PSCircular 101, reference c).

The MTWTU has recommended for those seafarers whose maximum duration of engagement have expired to remain on board for as long as it becomes possible and safe to return. For those seafarers willing to remain on board, the Liberian Administration will take a pragmatic approach and permit those seafarers to postpone annual leave and continue to be engaged under a valid seafarers’ employment agreement for a period exceeding 11 months and which is directly linked to the conflict in Ukraine and around the region, where:

1. The seafarer has provided written consent to extend their seafarers’ employment agreement due to a perceived risk;

1. The shipowner or operator provides a plan to repatriate seafarers as soon as is safe and practical;

1. The Shipowner has put alternative arrangements in place to pay the seafarers and/or arrange for the payment of allotments to dependents, and if so, whether this has been agreed in writing by the seafarer and there is evidence of payment;

1. The shipowner confirms that the seafarers will continue receiving their employment and social rights in accordance with Article IV of MLC, 2006;

1. A proper risk assessment is carried out by the shipowner taking into account the ship’s trading pattern, rest hours, fatigue and other identified hazards.

For those seafarers willing to return home upon the expiry of their seafarers’ employment agreements, the shipowner should arrange repatriation to neighboring countries such as Moldova, Poland, Hungary, Slovakia, Romania; reimburse any amounts to cover costs of transportation to Ukrainian land border/checkpoints; and upon seafarers’ request, settle wages balance in cash prior to disembarkation from the vessel.

For questions concerning this Advisory and extension of seafarers’ employment agreements, please contact this Administration’s at MLC@liscr.com.