A regular cargo ship is to pick up a group of 16 refugees, who have been adrift in a small boat in the South China Sea. It will be some time before the ship reaches her next port. Which of the following resources may be seriously impacted by their presence on board?
Which of the following are recommended actions for the master who discovers a stowaway on his ship when at sea, as contained in the IMO “Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases”? Select all applicable answers:
Why is it advisable to detain the stowaway in secure quarters? Select all applicable answers:
Whenever a stowaway is discovered on board, who is responsible for the proper and accurate reporting of the relevant details to the authorities, the owner, charterer and other interested parties?
No reporting is required.
A stowaway is discovered on board. He is very sick when found. What practical steps may be taken by master to safeguard the health and safety of others on board? Select all applicable answers:
Which of the following is the definition of an “attempted stowaway”, as described by the FAL Convention?
A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the ship owner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.
A person, who at any port or place in the vicinity thereof, secludes himself in a ship without the consent of the ship owner or the master or any other person in charge of the ship and who is on board after the ship has left that port or place.
A person who boards a vessel for the purposes of work but fails to return to shore by the time of departure and remains on board as the vessel puts to sea.
If a person manages to gain access to a ship in port and conceal himself, but is discovered during a search prior to the vessel’s departure, what legal status will normally be applied to him?
He is considered as a trespasser.
He is regarded as a stowaway.
He is judged to be a common citizen of that country.
He is listed as a refugee.
You arrive in port with a stowaway on board. He is not making any claim for asylum. Before they consider permitting disembarkation, what will immigration authorities invariably demand the stowaway produces?
Valid records of yellow fever and typhoid inoculations.
A birth certificate (or certified copy).
A medical certificate showing he is HIV-negative.
If practicable, how should a claim for asylum be made?
It should be in writing, in the language of the writer and handed to the immigration authorities.
It should be made verbally by the individual to the Port Security Officer.
It should be in writing, in the language of the arrival port and handed to the agent.
It should be in writing, in the language of the arrival port and reproduced in English and handed to the Port Security Officer.
What significant impact did the introduction of the ISPS Code have on statistics on stowaway activity since 2004?
In ports which have successfully implemented the appropriate measures, it has been more difficult for potential stowaway’s to gain access to a ship.
Records have revealed that, since this date, stowaway activity has been confined to North Africa, the Far East and Central America.
Since that time, more comprehensive statistics have been possible due to the reporting requirements under the Code.
The average cost per port call expended on shore security services has reduced progressively since this date.
How should the master of a vessel regard the level of security in a port at which his vessel calls?
He must assess the consequent risk to the vessel of the declared level and adjust his own procedures accordingly.
He should ignore any security risk level declared by the port security organization.
If the port security is declared as adequate, there is no need to implement any measures on board the ship.
He should report the level of security to his owner or operator and secure advice regarding any measures necessary on board.
Which of the following is the definition of the term “place of safety” in the IMO Guidelines on the Treatment of Persons Rescued at Sea?
A place where a survivor’s safety of life is no longer threatened and where their basic human needs can be met.
A state where a refugee’s claim for asylum will be recognized.
A location where medical treatment is available and a refugee will be housed and fed, pending processing by the authorities.
Which of the following may be among those factors taken into account when planning the rescue of persons in distress at sea? Select all applicable answers:
According to industry representatives, what is the estimated cost of stowaway’s to the shipping industry and their P&I Clubs?
Around US $ 20 000 000 a year.
US $ 10 000 per incident.
Approx. € 3,6 million per year.
An average of US $ 50 000 per ship of 500 grt or over.
In addition to verifying that all appropriate spaces are locked, what additional purpose is served by patrols?
They serve as a visual deterrent to potential stowaway’s.
They keep the watch keepers alert.
They enable duties of the ship’s personnel to be rotated.
The watch keeping officer can make an entry in the logbook at the end of his watch stating that security has been maintained throughout.
Which of the following may be among those factors taken into account when planning the rescue of persons in distress at sea? Select all applicable answers:
You are conducting a pre-departure stowaway search. You find three men hiding in the rope locker? What do you do?
You report your finding to the Responsible Officer immediately. You do not attempt to physically restrain the men. You secure the door to prevent their escape. You stand by for assistance from the shore authorities.
You summon other crew members and physically remove the men to the ships office where you keep them under heavy guard. You secure the rope locker hatch to prevent any further stowaway’s entering.
You seal the locker hatch with a chain and padlock and report your discovery to the Responsible Officer at the end of the search.
You immediately report your discovery to the foreman stevedore and negotiate a fee for him to arrange the removal of the men to shore. You record the appropriate details in the ships logbook.
Which of the following areas, as listed in this module, have been recognized for large-scale sea-borne migrant and refugee activity in the last half-century?
The South China Sea, off the coast of Vietnam.
The Gulf of St. Lawrence.
The Gulf of Bothnia between Finland and Sweden.
The Indian Ocean between Tanzania and the Seychelles.
Which of the following is the definition of an “economic migrant” as described in this program?
A person moving simply in an attempt to obtain a better standard of living.
A refugee, trying to reach a country where asylum may be granted, or economic migrants claiming asylum, so as not to be repatriated.
A person who is attempting to escape war or civil unrest, or has experienced political or religious persecution.
A person who has been forced to leave his or her native place.
A migrant, demanding to travel to another country which is not his own, with the deliberate intention of registering for social benefits in that country.
Is a person picked up by a ship at sea automatically given official refugee status?
What is the significant legal difference between migrants and refugee’s that are rescued at sea and stowaway’s that are found on board?
Rescued migrants and refugee’s board a ship with the full knowledge and permission of the master, but stowaway’s board a ship without such permission and consent, intending to remain on board undetected, at least until the vessel is at sea.
Refugee’s and migrants will in general be genuine, law-abiding and cooperative, while stowaway’s may often be violent or engaged in criminal activity.
Refugee’s attempt to conceal themselves and escape detection, while stowaway’s openly seek official approval from the authorities.
Refugee’s and migrants always carry valid and proper identification documents, while stowaway’s always have false papers.
If a stowaway will not cooperate and give his identity, how might the master establish it?
A check should be made of the stowaway’s belongings for any clues.
He should be threatened with manual labour unless he reveals his identity.
The company may be able to trace the identity from any unique identifying features on the stowaway, such as tattoos, birth marks, etc.
The master should wait and see if the stowaway befriends any crew member who might be able to get the stowaway to reveal it.
Which of the following sea areas, as listed in this module, has recorded large-scale, sea-borne migrant and refugee activity since 1990? Select all applicable answers:
Why should a stowaway be detained in secure quarters on board? Select all applicable answers:
Which of the following have a responsibility in one way or another to cooperate in preventing illegal access to a vessel in port? Select all applicable answers:
Which maritime code is believed to have led to a reduction in the number of stowaway’s in many areas recent years?
The United Nations International Stowaway Code.
The charterer may be liable for some or all of the costs associated with stowaway’s. Under what circumstances could this be the case?
Special provision may be written into the charter party, indicating that the charterer accepts responsibility for costs when stowaway’s have hidden in the charterer’s goods and boarded the vessel in that way.
Charterers are always totally exempt from liability for costs associated with stowaway’s under international law.
Special provision may be incorporated in the Mate’s Receipt, indicating that costs associated with stowaway’s will be determined by arbitration in the flag State of the chartered vessel.
Charterers are always legally responsible for all costs associated with stowaway’s on vessels contracted to them under international law.
Which Code, implemented in 2004, made it more difficult for potential stowaway’s to gain access to a vessel in port?
The Maritime Security Code.
A stowaway is discovered on board. The vessel is at sea, on passage and in international waters. What legal rights does the stowaway have?
He has a right to expect provision to be made for his security, general health, welfare and safety until disembarkation.
He has a right to asylum in the first port of call.
He has a right to employment on the vessel.
He has a right to communication facilities on board, to advise other parties in his country of origin and the United Nations Refugee Administration of his safety and ongoing treatment on board.
In general, which of the following situations will result in a higher fine for a vessel and her operators?
The vessel arrives in port with a stowaway on board. The stowaway is declared to the authorities. During a busy and complex cargo operation on the first night alongside, the stowaway disappears.
The vessel has a standard complement of 23 persons, as advised on the Crew List mailed to the ship’s agent in the port of destination 3 days before arrival. The next day, a stowaway is discovered in the vessel’s paint locker. He is detained and presented to the authorities on arrival.
In legal terms, there is a significant difference between “stowaway’s” and “migrants and refugees” that are rescued at sea. What is that difference?
Stowaway’s board a ship without permission and without the knowledge of the master, officers and crew, with the intention of remaining on board undetected until the vessel is at sea, while rescued migrants and refugee’s board a ship with the full knowledge and permission of the master.
Stowaway’s may often be violent or engaged in criminal activity, while refugee’s will in general be genuine, law-abiding and cooperative.
Refugee’s attempt to conceal themselves and escape detection by the authorities, while stowaway’s openly seek rescue and official approval when the vessel reaches port.
Stowaway’s always have false identity documents rendering them illegal entrants under international law, while refugee’s and migrants always carry valid and proper papers which are acceptable to the authorities.
A stowaway has been discovered on board. Who is responsible for the proper and accurate reporting of the relevant details to the authorities, the owner, charterer and other interested parties?
No reporting is required.
A group of stowaway’s is discovered in a container on board. There are three males and one female. There are no other females on board. What is the recommended policy on searching the female stowaway?
Carry out a minimal, non-contact search and then isolate the stowaway until proper assistance can be obtained from shore.
Carry out a full search anyway but do not make any record of procedure.
Ask the stowaway if she minds being searched first, make a written record of her response and ask her to initial the entry.
Get the stowaway to change into new clothing, examine that which has been removed. Consider that adequate and take no further action.
The ship is approaching a small boat, which is believed to contain a group of refugees, with a view to rescuing them and bringing them on board. What must, at all times, be the main priority of the master?
The safety of his own ship and her crew.
The rescue of the refugee’s on the boat.
The recovery of the boat and the refugee’s belongings.
Minimizing the time required for the rescue operation and the costs to the ship owner.
You discover three male stowaway’s on board. They are young, in good health and willing to work. The ship is on her last passage before entering dry-dock and there is a lot of preparation work in progress. Why should the master not put the stowaway’s to work? Select all applicable answers:
As part of the preparations for entering port, storage lockers, machinery rooms, deckhouses, accesses to cargo holds, pump rooms not in use and any other areas which do not need to be open for the purposes of cargo handling or safety should be locked or sealed. What precaution should be taken before this is done?
It should be established that no ship’s personnel are working inside.
It should be checked that any ventilation schedule is completed.
It should be established that there are at least three sets of “master keys” available on board.
Warning notices, in English, the language of the crew and the local language should be affixed on the outside of all locked doors.
For which of the following can a ship be fined? Select all applicable answers:
Security patrols will check that all appropriate spaces are locked. What additional purpose do they serve?
They are a visual deterrent to potential stowaway’s.
They keep the watch keepers alert.
They enable cargo operations to be performed in safety.
They ensure compliance with statutory port security regulations.
Which of the following are recommended actions for the master who discovers a stowaway on his ship when at sea, as contained in the IMO “Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases”? Select all applicable answers:
What action is a master, who is in receipt of information that persons are in distress and is in a position to be able to provide assistance, required to take?
He is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue services that the ship is doing so.
He must inform the ship owner of the situation and await further instructions.
He must inform the charterer of the situation and await further instructions.
He is required to proceed to the general area at an appropriate speed and then report to the controlling rescue coordination centre.
Assuming no claim is being made for asylum, what will immigration authorities invariably consider necessary before permitting disembarkation of a stowaway?
Valid records of inoculation.
A birth certificate (or certified copy).
A letter of invitation from a friend in that country.
Countries that are signatories to the 1979 IMO International Convention on Maritime Search and Rescue are required to ensure that assistance is provided to any person in distress at sea. Which of the following is a correct statement in this respect?
They must do so regardless of nationality or status of such a person or the circumstances in which that person is found.
This applies only to persons identified as being in distress by a vessel carrying their flag.
Provision must only be made to rescue persons of nationalities that are also signatories to the Convention.
The master can choose to disregard any provisions made by his flag State for search and rescue on commercial grounds.
Does the master have the legal right to force a stowaway to work?
Which of the following have a responsibility towards refugee’s and migrants rescued at sea? Select all applicable answers:
In addition to fines for having a stowaway on board, or for allowing a stowaway to escape, for which of the following costs may the ship owner or operator find themselves liable? Select all applicable answers:
Which of the following areas, as listed in this module, have been recognized for large-scale sea-borne migrant and refugee activity in the last half-century?
Which of the following is a correct statement?
A person cannot automatically obtain official refugee status.
A refugee has automatic right to political asylum.
An economic migrant has automatic access to full social rights in his country of choice.
A displaced person has automatic right to refugee status under international refugee law.
Does a stowaway, if discovered in international waters, have any rights?
What is the recommended policy on searching a female stowaway, if no other females are present on board?
Carry out a minimal, non-contact search. Isolate the stowaway until proper assistance can be obtained from shore.
Carry out a full search anyway.
Ask the stowaway if she minds being searched first. Document the response.
Carry out an examination of easily removable clothing, such as jacket, footwear and headwear and then carry out a physical search of the lower arms and lower legs only.
A ship arrives in port. There are concerns about stowaway’s activity in the area. How should the master regard the level of security risk that has been declared by the port authority?
He should assess the consequent risk to the vessel of the level and adjust his own procedures if necessary.
He should accept the security risk level declared by the Port Facility Security Officer.
He should ignore the security risk level declared by the Port Facility Security Officer and automatically increase the on board level to the maximum as required by the Ship Security Plan.
Do incidents involving stowaway’s, migrants and refugee’s at sea cost the ship owner money?
Why is it advisable to detain the stowaway in secure quarters? Select all applicable answers:
Which of the following is the definition of an “asylum seeker” as described in this program?
A refugee, trying to reach a country where asylum may be granted, or economic migrants claiming asylum, so as not to be repatriated.
A person who is attempting to escape war or civil unrest, or has experienced political or religious persecution.
A person hoping to avoid the attention of the immigration authorities and hoping to enter a country undetected.
A migrant, demanding to travel to another country which is not his own with the deliberate intention of registering for social benefits in that country.
Who in the United Nations organization would have an interest in the large-scale movement of migrants and refugee’s in a particular sea area?
The United Nations High Commissioner for Refugees.
The United Nations Committee on Refugee Movement.
The United Nations Trust for Economic Migrants.
The United Nations Commissioner for Displaced Persons.
Which of the following is a requirement on the master of a seagoing vessel under the United Nations Convention on the Law of the Sea?
To render assistance to any person found at sea in danger of being lost.
To establish, operate and maintain such search and rescue facilities as are deemed practicable and necessary to provide a means of locating and rescuing persons at sea.
If in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, he is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue services of that the ship is doing so.
You are conducting a pre-departure stowaway search. How should you proceed if you discover someone concealed in the paint locker?
Immediately report your finding to the Responsible Officer. Do not attempt to physically restrain the person. Secure the door to prevent his escape. Stand by for assistance from the shore authorities.
Summon a colleague and physically remove the person to the ships office. Secure the locker door to prevent any further stowaway’s entering.
Seal the locker and report your finding to the Responsible Officer at the end of the search.
Immediately report your finding to the foreman stevedore and request that he takes action to remove the person to shore. Make an entry to that effect in the ships logbook.
If a person is discovered hiding in a lifeboat during the vessel’s pre-departure search, how will he normally be considered within the law?
Which of the following does the United Nations Convention on the Law of the Sea require the master of a ship to do?
He is “to render assistance to any person found at sea in danger of being lost”.
He is “to establish, operate and maintain such search and rescue facilities as are deemed practicable and necessary to provide a means of locating and rescuing persons at sea”.
“If requested by a Rescue Coordination Centre (RCC), he is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue services that the ship is doing so”.
He is directed “to assist any person who, at any port or place in the vicinity thereof, secludes himself in a ship without the consent of the ship owner or the master or any other person in charge of the ship and is discovered on board after the ship has left that port or place”.
If it is suspected that a stowaway may be carrying an infection, what practical steps may be taken by master to safeguard the health and safety of others on board? Select all applicable answers:
The master has been presented with papers to sign to stowaway’s he had on board on arrival in port and is uncertain as to their significance. What should he do?
He should communicate with his owners and seek instructions.
He should sign them regardless.
He should ask the Port Security Officer for guidance.
He should refuse to sign them under any circumstances.
Which of the following practical measures can be implemented to counter stowaway’s? Select all applicable answers:
You discover three male stowaway’s on board. They are young, in good health and willing to work. The ship is on her last passage before entering dry-dock and there is a lot of preparation work in progress. Why should the master not put the stowaway’s to work? Select all applicable answers:
Which of the following is a principle, defined in the 1979 IMO International Convention on Maritime Search and Rescue that must be applied to the rescue of persons in distress at sea?
Rescue must take place regardless of the nationality or status of such a person or the circumstances in which that person is found.
The master has the ultimate authority to decide whether he will divert and assist on the basis of the commercial impact of his action.
Rescue should only take place if the master has a guarantee from the appropriate authorities that persons taken on board can be landed at the next port.
The master must carefully consider whether his own vessel will be able to provide enough food, water, accommodation, medicines, etc. for an indefinite period before deciding whether to rescue persons in distress.
If it is suspected that a stowaway may be carrying an infection, what practical steps may be taken by master to safeguard the health and safety of others on board? Select all applicable answers:
Which of the following maritime codes is generally believed to have led to a reduction in the number of stowaway’s in many areas recent years?
The Life Saving Appliance Code.
The Maritime Inspection and Testing Code.
According to the estimates quoted in this program, what is the cost of stowaway’s to the shipping industry and their P&I Clubs?
Around US $ 20 000 000 a year.
Approx. € 2,5 million per year.
An average of US $ 30 000 per ship.
Under what circumstances may the charterer be liable for some or all of the costs associated with stowaway’s?
When special provision has been made in the charter partly, indicating that the charterer accepts responsibility for costs when stowaway’s have hidden in the charterers goods and boarded the vessel by such a method.
Charterers are exempt by international law from liability for costs associated with stowaway’s.
Where special provision is made in the contract of afreightment that costs associated with stowaway’s will be equally shared between the ship owner and the charterer.
Charterers are always legally responsible under international law for all costs associated with stowaway’s on vessels contracted to them.
Which of the following is the definition of “asylum seekers” as recorded in this chapter?
Persons who have left their country of origin, have applied for recognition as refugee’s in another country and are awaiting a decision on their application.
People attempting to escape war, civil unrest, or political or religious persecution.
Persons having no intention of making their presence known to the authorities, hoping to enter a country undetected.
Migrants, demanding to travel to another country which is not their own, with the expressed intention of adopting citizenship of that country.
In addition to fines for having a stowaway on board, or for allowing a stowaway to escape, for which of the following costs may the ship owner or operator find themselves liable? Select all applicable answers:
“The master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue services that the ship is doing so”. Is this correct statement?
Which of the following may be among those conditions from which persons rescued at sea may typically be suffering?
The FAL Convention established a definition for an “attempted stowaway”. What critical condition in this definition distinguishes it from the definition for a “stowaway”?
That the person was discovered before the ship departed from the port.
That the person intended to stow away, but was unable to board the vessel due to some exceptional circumstance.
That the person was intercepted by security personnel within the port complex.
That the person was not in possession of a valid ticket to travel.
Why should a record of persons coming on board be maintained by the ships staff?
So that a later check can be made that they have gone ashore before the ship departs.
So that the vessel is seen to be in compliance during an audit.
So that the Chief Officer can check that the gangway watchman has been present at his post throughout.
So that the foreman stevedore can establish the location of his work team.
What practical measures can be taken to prevent persons boarding illegally and stowing away? Select all applicable answers:
You have departed Dar Es Salaam in East Africa and bound for a European discharge port. You discover a stowaway on board. Should he be forced into making a claim for asylum?
Your ship arrives in a foreign port with a stowaway on board, who has no documents. How is it likely he will be considered by the authorities?
Is it recommended by the IMO “Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases” that a ship’s master, having discovered stowaway’s on board his ship at sea, should divert from his planned voyage to disembark them? Select the most correct answer:
No, unless he receives confirmation that repatriation has been arranged with sufficient documentation and that permission has given for disembarkation, or unless there are extenuating security or compassionate reasons.
No, he must always maintain his planned voyage under any circumstances.
Yes, stowaway’s should always be disembarked at the first opportunity, irrespective of geographical location of the port in question, or the potential safety risks to the stowaway.
Yes, but only if he receives verbal confirmation from the ship’s agent that it will be possible to arrange disembarkation of the stowaway.
Which of the following is the correct definition of a “displaced person” as recorded in this module?
A person who as a result of the actions of the authorities, has been deported from, or has been forced to leave the country of his or her nationality or former habitual residence.
A person who is found in a place that is not his or her country of citizenship or residency, trading or otherwise operating a business for profit and not registered for taxation purposes in that country.
A person who is discovered in the process of travelling, other than in his or her country of residency with documentation that gives a reasonable and valid explanation for their journey.
A person relocating in an attempt to obtain a better standard of living.
A person who has left his or her country of origin, has applied for recognition as a refugee in another country and is awaiting a decision on their application.
What is the essential difference between the way in which those seeking asylum and those considered as refugee’s will be handled by the immigration authorities?
Asylum is usually dealt with on a case-by-case basis, while modern refugee law is written around large scale movements of population.
The authorities will seek to prove membership of an oppressed political movement or religious organization before considering asylum claims; if this cannot be done, they will consider application for entry based on the more general international refugee law.
Political asylum can only be applied if the number of applicants in any one group is less than 12. If greater than this number, then refugee law is applied.
Which of the following are common categories of stowaway that may be encountered at sea, as listed in this module? Select all applicable answers: