Section 10 Deportation
The cover under this section is not restricted to expenses incurred in relation to crew members. The word “persons” includes passengers, stowaways, refugees and relatives of crew members allowed to be on board the ship.
Some persons including crew members may not be allowed to leave the ship, according to a decision by the immigration authorities. In those situations, the Member is generally requested to have proper guards or watchmen. The costs for such guards are usually covered under this section if the guards are provided by a security firm either engaged or approved by the Club’s local correspondent. If the guards fail and people escape, there may be additional costs, including fines against the ship. A condition for compensation is that the guards have been arranged in co-operation with the Club or its correspondent. Compensation for fines follows from Rule 7 Section 6, 1. (b).
There are circumstances where the above costs are not covered but regarded to be operational, for instance if national regulations are adopted in a jurisdiction following a specific event and the restrictions are known or reasonably ought to be known by the member.
If the ship is to stay long in port, or is bound to call at a number of ports in that particular country, it may be more economical to repatriate the detained person than to employ guards on a continuous basis. The Member has to comply with any particular regulations drawn up by the Club in this respect. This follows from Rule 10 Section 2. The costs for repatriation will be compensated by the Club by application of this section and Rule 8 Section 2. The compensation will include the costs of sending out a substitute, if necessary for the safety of the ship. In this respect reference is made to statutory requirements, see the comments under 10.1.9.
If a crew member deserts the ship, the authorities of the country where he left the vessel may request the Member to pay for his return home if and when he is apprehended. Crew members who do not show up in time for the ship’s departure are regarded as deserters. Although the Club and its local correspondent has no means of tracing a deserter, the fact that a crew member has deserted the ship should be reported to the Club. An extract from the deck log book should be submitted. The Club’s local correspondent will be able to take action when the deserter turns up to arrange for custody under guard and for urgent repatriation. The correspondent may also be able to have the costs of repatriation paid, partly or fully, by the diplomatic or consular representation of the crew member’s native country.
A similar situation may arise when a crew member has signed off the ship but does not leave the country as planned. In such a situation the Club may have to consider whether the Member took reasonable precautions to ensure that the crew member in fact intended to leave the country. Persons with a bad record may have to be escorted to the airport. They should not be left at the ship’s gangway with an air ticket which they could exchange for cash.
To ensure that a deserter actually leaves the country, the authorities may stipulate that he is to be accompanied by an escort to his destination. Escorts may also be required by airline security regulations. Charges and airfares incurred necessarily for escorts are compensated.
Travel expenses and other costs incurred necessarily to send a substitute to replace a deserter are compensated under this section. Such costs are considered necessary if the ship is not properly manned without the substitute and if the problem cannot be solved by upgrading crew members already serving on board.
If practically and legally possible, any assets left on board by the deserter or any unpaid wages should be used to cover the costs of repatriation. The net balance will be compensated under this section.
Fines in relation to deserters are covered under Rule 7 Section 6 1. (b).