SOP: Handling Unfair outcomes of PSC inspections when faced with Unethical Demands from PSCO’s
Port State Control (PSC) inspections are key to ensuring safe shipping. However, when such inspections originate from an unethical demand(s) leading to unethical or unfair outcomes, this can be very challenging for the industry. This document provides guidance to ensure consistent, legal, and ethical handling of suspected corruption or unethical conduct by PSC officers while minimizing operational disruptions and safeguarding crew and company interests.
This SOP applies to all vessel personnel, technical managers, and shore-based teams involved in interactions with PSC or maritime authorities.
Contact Kasper Nielsen – knielsen@macn.dk with any questions.
PREPARATION
- Ensure vessel is well prepared for the upcoming port call and PSC inspection
- MACN posters in place at strategic locations on board
- Appoint a well knowledgeable OPA for the call
- Inform Flag State / P&I Club (by email) that vessel may need assistance
- Inform the Charterers and Charterers port agent (by email) of your ABC policy and MACN membership
- Master and office to take a pre-arrival call to align expectations and support
- Be polite, professional, and cooperative at all times when attending to PSCOs
- Maintain a neutral and observant stance in all communications with PSCOs
- Appoint a responsible officer (e.g., Master or Chief Officer) to be the primary point of contact with PSC officers.
REJECT
- Vessel and Company shall politely decline any unethical requests for cash, gifts, or bribes, even when faced with threats of detention or deficiencies or fines in exchange for personal favors.
- Vessel and Company reiterate the company’s anti-bribery and anti-corruption policies.
REPORT
- Vessel shall immediately notify the Designated Person Ashore (DPA) or company compliance officer.
- Company to involve vessel’s Flag State representative, report the incident and seek for assistance.
- Company to involve P&I Club or legal representatives, report the incident and seek for assistance.
- Company to notify the MACN, report the incident and seek for advice.
- Company to notify the local consulate or embassy (only if needed on a case by case basis).
RECORD
- Vessel to log date, time, names, ranks, and identification of PSC officers present.
- Vessel to document the reason for inspection and any specific demands or irregular requests.
- Vessel to record all conversations (audio/video if legally permissible), or keep detailed written notes in the official logbook. It is important to get a full statement of facts (SOF) from the Master on what transpired on board, the attempt of bribery and how the inspection started and ended.
- Vessel to retain copies of all documentation provided or received during the inspection.
- Company to inform the vessel Flag State of this incident and for their response and/or actions to validity of the deficiencies (and/or detention).
- Company to request vessel Flag State to send a formal appeal or note of protest on behalf of the company once it is ascertained that the deficiencies (and/or detention) have no grounds.
- Company to inform the vessel Class Society (if applicable) for this attendance and actions, and/or to ascertained that the deficiencies are valid or not. Some of these certificates are issued by Class, so there may be a relevance.
- Company to request vessel Class Society to provide the company documented evidence once it is ascertained that the deficiencies (and/or detention) have no grounds.
- Vessel or Company to complete MACN PSC form – https://macn.dk/PSC-Reporting/ and send to MACN.
Follow all instructions as per the MACN PSC Form and provide all supporting documents.
ESCALATION
- Company to send a formal Note of Protest of Appeal (including MACN PSC Form) to the respective Maritime Administration with MACN in copy.
- Company to send a formal Note of Protest of Appeal (including MACN PSC Form) to the respective Regional PSC MoU with MACN in copy.
