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• 2022-05-25
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The Indian Ocean Memorandum of Understanding (IOMOU) on port State control (PSC) in the Indian Ocean region was finalized on the basis of the first preparatory meeting held in India in October 1997 and the second meeting in June 1998 in South Africa. The second meeting was abounded by Australia, Bangladesh, Djibouti, Eritrea, Ethiopia, India, Iran, Kenya, Maldives, Mauritius, Mozambique, Myanmar, Oman, Seychelles, South Africa, Sri Lanka, Tanzania and Yemen.

The port State control system aims to verify whether foreign flagged ships calling at a port of a State comply with applicable International Maritime Conventions.

Each Authority ensures that the foreign merchant ships visiting its ports comply with the standards articulated in the relevant Conventions and all amendments thereto in force. When ships are found not to be in substantial compliance with the applicable regulations, laws or relevant Conventions requirements, the PSC system imposes actions to ensure they are brought into compliance. Ships to be inspected are selected on the basis of targeting criteria outlined in the Memorandum and a non-discriminatory policy is observed.

Under the Memorandum, each Authority will establish and maintain an effective system of PSC regime. The mission of the IOMOU among the maritime authorities responsible for port State control in the Indian Ocean region is to promote the effective implementation of an improved and harmonized system of PSC by uniform application, of relevant International Maritime Organization (IMO)/International Labour Organization (ILO) instruments on ships operating in the region.

This will be accomplished through the establishment and maintenance of a harmonized system of PSC by the member Authorities, and the effective operation of the Committee, the Secretariat and the IOCIS. Of particular importance is the cooperation and the exchange of information between the members of the Memorandum of Understanding (MOU) and with other regional PSC regimes.

Followings are the relevant instruments on which regional port State control is based:

1. The International Convention on Load Lines, 1966;
2. The International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
3. The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78);
4. The International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978 (STCW 78);
5. The Convention on the International Regulations for Preventing Collisions at Sea, 1972;
6. The International Convention on Tonnage Measurement of Ships, 1969;
7. The Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention No. 147);
8. The Maritime Labour Convention, 2006 (MLC, 2006);
9. The International Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001;
10. The International Convention on Civil Liability for Bunkers Pollution Damager, 2001 (Bunkers Convention);
11. Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC Protocol 1992);
12. The International Convention for the control and Management of Ships' Ballast Water and Sediments. 2004 (BWM 2004);

together with the protocols and amendments to these conventions and related codes of mandatory status as and when they enter in to force.

MEMBERS, OBSERVERS & OBSERVERS ORGANIZATION

As of December 2021, twenty countries have become parties to the Memorandum. They are: Australia, Bangladesh, Comoros, Eritrea, France (La Reunion), India, Iran, Kenya, Madagascar, Maldives, Mauritius, Mozambique, Myanmar, Oman, Seychelles, Sri Lanka, South Africa, Sudan, Tanzania and Yemen.

Ethiopia is the only Observer State of the IOMOU.

The Observer organizations are:

1. Black Sea Memorandum of Understanding,
2. Caribbean Memorandum of Understanding,
3. Riyadh Memorandum of Understanding,
4. Paris Memorandum of Understanding,
5. Tokyo Memorandum of Understanding,
6. West & Central Africa Memorandum of Understanding,
7. the International Maritime Organization,
8. the International Labor Organization,
9. United States Coast Guard and Equasis

The Committee meetings are attended by the member Authorities as well as Observer States and organizations.

The Secretariat of the Indian Ocean Memorandum of Understanding (IOMOUS) is based at Goa in India. The Secretariat is governed by and accountable to the Committee of the IOMOU on port State control. It acts under the direction of the Committee and assists the Committee in its activities including conducting meetings.

The IOMOU Secretariat is headed by the Secretary Mr. Achintya B. Dutta, assisted by the Office Manager Mrs. Priyanka Sawant, Office Assistant Mrs. Purvi P. Kesarkar and Data Management Assistant Ms. Sushmita Naik.

The Indian Ocean Memorandum of Understanding on port State control held its Twenty-fourth Committee meeting through Correspondence Mode from 27 September to 12 October 2021 and followed by virtual mode from 25-26 October 2021.

Representatives from all IOMOU member States participated in the meeting:

Australia, Bangladesh, France (Reunion Island), India, Islamic Republic of Iran, Kenya, Madagascar, Maldives, Mauritius, Myanmar, Seychelles, South Africa and Sri Lanka either through correspondence mode and/or Virtual Mode.

Black Sea MoU, Paris MoU, Tokyo MoU, U.S. Coast Guard as Observers, and State of Qatar (as incoming member) also participated in the meeting as one of the Observers.

International Maritime Organization (IMO), International Labour Organization (ILO), both as Observers and Food and Agricultural Organization (FAO), Indian Ocean Tuna Commission (IOTC) and Pew Charitable Trust as special invitees attended the virtual session of the meeting.

Representatives from the Industry Stake holders, namely, Association of Asian Classification Society (ACS), International Association of Classification Societies Ltd. (IACS), International Chamber of Shipping (ICS) and INTERTANKO) participated in the meeting.

The IOCIS Manager from the National Informatics Centre (NIC) also participated the meeting.

Mrs. Beatrice Nyamoita, Chair of the Commitiee presided over the Commitiee meeting as Chair.

THE OUTCOMES OF THE TWENTY-FOURTH COMMITTEE MEETING

1. formed a Correspondence Group for making guidelines for accepting E-certificates in IOMOU region;
2. the committee agreed to conduct CIC on STCW in 2022 in conjunction with the Paris MoU and Tokyo MoU;
3. approved amendments to the port State control (PSC) manual;
4. correspondence group formed during twenty-third meeting for developing the procedure for inspection through remote location to be continued further;
5. correspondence group formed during twenty-third meeting for developing the guidelines to increase the level of inspection to be continued further;
6. committee was informed about the successful launching of the revamped website and IOCIS portal on 21.01.2021 and applicability of Secure Sockets Layer (SSL) certificate to both URLs;
7. committee decided that the present chair and vice chair to continue with their official status till the next meeting with the physical appearance;
8. committee noted information on the renewal of three KR-CON IDs provided to member Authorities and updates provided on Rule Check facility;
9. approved RO codes and deficiency codes to harmonize with other MoUs.

DETENTION REVIEW PANEL

If flag State or their Recognized Organizations (ROs) acting on behalf of the flag State disagree with the outcome of the port State ruling, concerning a detention, either may request for a review by the Indian Ocean MOU's Detention Review Panel, within 90 days from the date of detention.

The Detention Review Panel is comprised of three Indian Ocean MOU member Authorities, excluding the port State and the ships flag State and the ISM issuing country, if they are members of the Indian Ocean MOU.

In the year 2021, the Secretariat did not receive any appeal towards any detention.