Sierra Leone Detention Policy

Notice to: Ship Owners / Managers/ Operators / Surveyors :

C24042 | 26 August 2024

This Circular is issued to advise that the Sierra Leone Maritime Administration has revised its Maritime Circular No.9 – Detention Policy.

The Detention Policy aims to improve the fleet performance regarding Port State Control (PSC) Inspections in all major MOUs, and to reduce the number of detentions of Sierra Leone flagged vessels.

Key points to note are:

1. It is mandatory that the RO immediately informs the Flag Administration of any detention following a PSC inspection. ROs will be considered partly liable for any ISM detention of the ship.
   • The RO is to perform an Occasional Attendance Survey, immediately after the PSC detention (even if not related to any RO matters) to ensure rectification of the deficiencies. A report is to be submitted by the RO to the Administration, within ten days of the detention.
   • If the detention occurs within the annual/renewal window, the RO is to give priority to the annual/renewal survey and inform the Flag Administration of the imminent arranged survey. The annual/renewal shall then be completed within the next three (3) ports of call after the vessel is released from detention. Failure to comply with this will result in the vessel’s suspension until the annual/renewal survey is carried out and confirmed by the RO.
   • If the detention occurs out of the annual/renewal window the RO is to request an additional ISM audit of the vessel. On completion of the additional ISM audit, the schedule and results are to be fully reported to the Flag Administration.
2. For vessels detained under the Paris MOU, the Sierra Leone Maritime Administration (SLMARAD) will act as follows:
   • If it is the first detention within one year while the vessel is registered under Sierra Leone Flag:
     • SLMARAD will contact all relevant parties informing them about the specific detention of their vessel. This will be considered as a warning letter.
     • A Special Flag Safety Inspection is to be carried out within 2 months. The owners/managers are responsible for presenting their vessels for the Inspection.
     • An occasional attendance survey is to be carried out as detailed above. The Flag Administration will update the records accordingly.
   • If it is the vessel’s second detention within three (3) years under the Sierra Leone Flag:
     • A Special Flag Safety Inspection is to be carried out within 2 months. The owners/managers are responsible for presenting their vessels for the Inspection.
     • The vessel will be Ex-Officio Cancelled if found in an unsatisfactory condition, following the inspection. PSC Authorities will also be informed of this decision. Vessels shall apply for deletion within 1 month from the issuing of the cancellation letter.
3. For vessels detained in any PSC MOU other than the Paris MOU, the Sierra Leone Maritime Administration (SLMARAD) will act as follows:
   • If it is the first detention within one year while the vessel is registered under Sierra Leone Flag:
     • SLMARAD will contact all relevant parties informing them about the specific detention of their vessel. This will be considered as a warning letter and will also increase the annual taxes by 10% which will be taken into account at the time of the vessel’s next scheduled payment for annual taxes.
     • A Special Flag Safety Inspection may be carried out within 2 months if deemed necessary. The owners/managers are responsible for presenting their vessels for Inspection when requested by SMLARAD
     • An occasional attendance survey is to be carried out as detailed above. The Flag Administration will update the records accordingly.
   • If it is the vessel’s second detention within three (3) years under the Sierra Leone Flag:
     • SLMARAD will contact all relevant parties informing them about the specific detention of their vessel. This will be considered as a warning letter and will also increase the annual taxes by 15% which will be taken into account at the time of the vessel’s next scheduled payment for annual taxes.
     • A Special Flag Safety Inspection may be carried out within 2 months if deemed necessary. The owners/managers are responsible for presenting their vessels for the Inspection when requested by SMLARAD.
     • An occasional attendance survey is to be carried out as detailed above. The Flag Administration will update the records accordingly.
   • If it is the vessel’s second detention within 12 months under the Sierra Leone Flag:
     • SLMARAD will contact all relevant parties informing them about the specific detention of their vessel. This will be considered as a warning letter and will also increase the annual taxes by 35% plus a surcharge of US$3,500 which will be taken into account at the time of the vessel’s next scheduled payment for annual taxes.
     • A Special Flag Safety Inspection may be carried out within 2 months if deemed necessary. The owners/managers are responsible for presenting their vessels for the Special Flag Safety Inspection when requested by SMLARAD.
     • An occasional attendance survey is to be carried out as detailed above. The Flag Administration will update the records accordingly.
   • If it is the vessel’s third detention within 12 months under the Sierra Leone Flag the vessel will be Ex-Officio Cancelled by the Administration, and owners will be required to apply for deletion within 1 month from issuing the cancellation letter. PSC Authorities will also be informed of this decision.
4. For vessels registered for a Single Delivery Voyage detained by PSC authorities in any MoU, the Sierra Leone Maritime Administration (SLMARAD) will act as follows:
   • If the detention occurs at the port of departure, the vessel will be prohibited from sailing. A penalty of US$5,000 will be imposed and a Special Flag Safety Inspection may be requested by the Flag before departure if deemed necessary.
   • If the detention occurs at the port of arrival, a penalty of US$5,000 will be imposed.
5. ROs are:
   • Required to fully read and understand the policy, their actions, decisions, authorities, and obligations upon the detention of a Sierra Leone flagged vessel.
   • Are free to perform any (additional, annual, or renewal) surveys, which are to be reported to SLMARAD upon completion.
   • requested to maintain records of inspections/detentions and shall be made available to the administration upon request.
6. Managing companies that hold a DOC on behalf of Sierra Leone and are in charge of the management of a Sierra Leone flagged vessel are expected to read the Circular and confirm their understanding and familiarisation with it.
7. Registration Officers and Agents of the owner(s)/managing companies are required to read the circular and confirm their understanding and familiarisation with it.
8. Owners have the right to seek the assistance of the Administration in appealing against any PSC decision they find unfair or unfounded. The relevant policies and timeframes of the relevant MoUs are to be strictly followed, to enable the Administration to assist the shipowners accordingly.

Act now

Ship Owners, Managers, Operators, and Surveyors should take note of the revised Sierra Leone Detention Policy and adhere to its requirements.