INTERTANKO can offer its members many services. But in practical terms, one of the services most widely used, and with the most concrete, demonstrable results, is the Association’s Freight and Demurrage Information Pool (FDIP).

Formed in 1983, the FDIP has year after year helped members with demurrage and other commercial charter-party claims against charterers which, for whatever reason, have not been dealt with on a proper or on a timely basis. The optional service not only facilitates the agreement of claims, it also speeds up settlement. On average it takes only 30 days from reporting a claim to the FDIP before payment is received. One 2007 case saw a demurrage claim for over USD 120,000 reported to FDIP on 18 September and settled by 25 September. Another saw a USD 26,000 demurrage claim reported to FDIP on 20 November and settled by 26 November.

Over the last five years, the FDIP has helped Members collect getting on for USD 14m. 2005 was a peak year with USD 5m collected through FDIP. Last year was lower with ‘only’ USD 1.1m collected. In fact, whatever the strength of the market, there are always companies who need encouragement either to pay or to pay on time. FDIP is always around to help INTERTANKO’s members.

There are in addition a number of opportunities every year for INTERTANKO to intervene on behalf of its members on current operational problems. These may range from a dispute over slop disposal (quality of slops and availability of reception facilities); to disagreement over a regulatory obligation to buy low sulphur bunkers compared to charterparty obligations; to wrongful arrest of a ship in a port where legal rights and obligations are unclear.

The following example shows the kind of situation that members and their vessels can find themselves in, and demonstrates that at a national and international level, INTERTANKO can give its members a more powerful voice, backed by its membership.

An aframax tanker belonging to a member of INTERTANKO, contacted (by VHF) Port Control at Batumi (Georgia) to request permission to perform a lifeboat drill in compliance with SOLAS. Permission was granted by Batumi Port Control and the Master advised the Port Control Officer that he would call back upon completion of the drill.

After the lifeboat had been launched, a Port State Control vessel arrived, alleging that the Master was performing the drill without permission, and threatening to confiscate the lifeboat and arrest the operating crew and take them ashore for questioning.

Discussions between the Batumi Authorities, the vessel operator’s head office, the vessel’s local agent, the vessel’s P & I Club representatives and the vessel’s lawyers averted the confiscation of the lifeboat and the arrest of the crew. However, the vessel’s Master, Chief Officer and Bosun were taken ashore to give statements.

The Master attended a hearing at the Harbourmaster’s office where copies of the vessel’s log books were presented to the authorities as well as the decoded microphone data from the vessel’s Voyage Data Recorder (VDR) which evidences the Master’s conversation with the Port Control officer requesting permission to perform the lifeboat drill and the granting of permission by the Port Control Officer to perform the drill.

Despite the evidence that the lifeboat drill had been performed with the permission of the authorities (Batumi Port Control), the Harbourmaster decided to send the case to court and stated that the fine for such cases is USD 30,000. After consultation with the vessel operator’s lawyers and insurers, without any admission of guilt, and solely in order to avoid further delay to the vessel, the vessel’s operator remitted the sum of USD 30,000 to the port agent’s account for transfer to the account of the Court.

INTERTANKO’s members are committed to safe and responsible ship operations. It is mandatory for vessels to test their life saving equipment including life boats as per the SOLAS international convention – of which convention both the vessel’s flag state and the port state concerned are signatories.

INTERTANKO was asked by the vessel’s operator to make a strong protest against the handling of this matter by the authorities in Batumi, through their actions in delaying the vessel and the threat of prosecuting the vessel’s master. We requested that this case be urgently reviewed and that the complaint/case against the vessel be withdrawn.

INTERTANKO registered this protest with the Batumi Authorities and Georgia’s Maritime Transport Department, and with Georgia’s Embassy in London. In addition, it reserved the right to bring this matter to the attention of the IMO and of its membership.

The vessel was detained at Batumi on June 14 and departed after completion of loading without significant delays. The case is, however, still unresolved. INTERTANKO’s intervention in another sort of regulatory incident was even more directly effective. A Member informed us that the Murphy Oil Terminal in New Orleans “will not allow any crew member on or off the vessel while docked except for medical emergency”.

INTERTANKO found this unreasonable and to be a nonconformity with MSC Circular 112. We took immediate action to contact USCG Headquarters. Three days later that our e-mail had been sent to the Commanding Officer of Sector New Orleans, with a request to look into the matter, and he immediately sent a team to the Murphy terminal to discuss the matter with terminal personnel and to make sure they were aware of the MSC Circular.

There are always a number of opportunities every year for INTERTANKO to intervene on behalf of its members on current operational problems

INTERTANKO was informed that the Murphy terminal told the USCG team that they were not aware of the MSC Circular and that they would make the appropriate changes to their instructions taking into account the guidance in the MSC Circular.

INTERTANKO was informed that the CO intends to take appropriate steps to make sure that all terminals in his sector are aware of the MSC Circular. In addition, USCG Headquarters indicated that they would consider having all USCG sectors remind the terminals in their sector about the MSC Circular. The USCG cannot force the terminals to follow the MSC Circular, but their “encouragement” certainly helps.

INTERTANKO reminds Members to make use of the Joint Industry Feedback Forum on Maritime Security, INTERTANKO’s Terminal Vetting Database facilities, and encourages contact with your area/regional manager or the relevant issue manager if you have any operational problems with which we can help.