- The waters in and around the Straits of Malacca and Singapore can pose various risks to ships, i.e. conducting activities outside designated areas, if the ship is not simply transiting continuously and expeditiously.
- The association said that, to assist members, it had gathered information in this regard.
- Members were advised to take precaution while operating in this area.
Independent shipowners’ association BIMCO has warned that the waters in and around the Straits of Malacca and Singapore posed various risks to ships, one of which was the danger of conducting activities outside designated areas if the ship is not simply transiting continuously and expeditiously.
BIMCO said it had noticed that some ships engaging in activities in Indonesia territorial waters had been intercepted by Indonesian authorities and sanctioned by means of detention, arrests and/or immigration sanctions on seafarers.
Law enforcement in territorial waters
Enforcement sanctions are sometimes perceived by shipowners as excessive and in certain cases feel almost like blackmailing. Regardless, coastal states are entitled to regulate maritime activities in their territorial waters and enforce the law.
Ships’ rights are limited to the conduct of innocent passage and/or transit passage, which in general terms mean that the transit shall be conducted continuously and expeditiously without stopping or anchoring unless safe navigation warrants such stopping/anchoring or when required by force majeure or by distress.
Therefore, it is suggested that ships consider the following advice before engaging in any activities involving slowing down, stopping / drifting, anchoring, STS or interfacing with small crafts for transfer of persons /goods either underway or while at anchor.
Advise for vessels transiting Straits
When transiting through the Straits of Malacca and Singapore and associated waters, members are advised as follows:
- If possible, avoid operations other than innocent passage and transit.
- Double check in whose waters (Singapore, Malaysia or Indonesia) the activity is planned Avoid areas of overlapping jurisdiction.
- Make sure to have enough wiggle room for the ship g. to drift without infringing on other territorial waters. In case this cannot be avoided, permissions from the other country should also be obtained.
- Notify and obtain permission from the appropriate authorities where any operation such as anchoring, storing, crew change, major ship maintenance or any kind of STS transfer is going to be.
- Ships should only anchor in the anchorages designated for the purpose by the respective country unless prior permission has been obtained in anchoring outside these.
- Ship should keep their Automatic Identification System (AIS) operational throughout the If a compelling need arises to switch off the AIS, the coastal states in the region should informed immediately.
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Source: BIMCO
