746 - 03/11 - Crew ILO documentation UPDATE - Brazil


Brazilian authorities have agreed to suspend the implementation of immigration fines against ship owners whose seafarers are from countries which are not signatories  to  ILO  C108  (Seafarers  Identification  Document  Convention  1958)  or  C185  (Seafarers  Identification  Document  Convention  2003).

In a circular issued to all P&I Clubs by Mario Brothers, Ltd. it was stated that

 "Recife  Immigration  Authorities  received  formal  instructions  from  the  Federal  Police  headquarters  in  Brasilia  this  afternoon  (21  January  2011)  to  SUSPEND  all  the  deeds  of  infringements  against  crewmembers  with  seaman's  books  issued  in  countries  not  signatory  of  ILO  108and  185.  Future  vessels  will  also  not  be  fined  until  authorities  in  Brasilia  make  a  formal  definitive  decision."  

In December 2010, Brazilian authorities in the ports of Suape and Recife started imposing immigration fines and restrictions on seafarers from countries which are not signatories to ILO C108 or C185. These seafarers were prohibited from disembarking from their ships and entering Brazilian ports and immigration fines were levied on ship owners supplying these foreign seafarers. The fines amounted to BRL 827,000 (USD 500) for every non‐complying crewmember.

According to Mario Brothers Ltd., P&I Clubs of Brazil together with local port agents negotiated with Brazil's Chief of Immigration to resolve the issue which has caused political reactions from those countries affected.

The Philippines has not ratified C108 or C185 thus exposing foreign ship owners and their Filipino crew members to sanctions. The JMG has made strong representations with the different Philippine government agencies, particularly the Maritime Industry Authority, the Department of Labour and Employment and the Department of Foreign Affairs, in order to help resolve the problem and move towards the early ratification of C185 by the Philippine Senate. C185 is the current convention of the ILO which remains to be ratified by the Philippine Senate.

Source of Information: Loss Prevention dept.

UK P&I Club



Staff Author