Togo – Financial Security to ensure repatriation and Shipowner’s liability.

C24065 | 12 December 2024

Notice to: Ship Owners / Managers/ Operators / Surveyors

The Togolese Maritime Authority has issued Circular No: 0068C/TG/09/24 which applies to ships under the Togolese flag below 500 GT registered in the international registry. These ships were not covered under previous circulars applicable to ships above 500 GT and are now required to adhere to the same financial security requirements.

The Circular reminds that MLC 2006 and its 2014 and 2018 amendments:

• Contain standards for the financial protection of seafarers’ entitlements when abandoned by the shipowner.
• Provide minimum requirements for financial security, for compensation claims, for the death or disability of seafarers due to occupational accidents, diseases or hazards.

To comply with the above the Togo Administration has issued Marine Circulars 0013C/TG/01/17 and 0052C/TG/12/20 on Repatriation (Regulation 2.5) and shipowner’s liability (Reg 4.2) which require that all ships above 500 GT that fly the flag of Togo are to provide the competent authority with:

• Evidence of financial security to ensure that seafarers are duly repatriated.
• Financial Security relating to shipowners’ Liability to assure compensation in the event of death or long-term disability of seafarers.

Onboard all Togo Flag vessels above 500 GT both financial securities (P&I Club or Insurer) are maintained with DMLC I & II and ML Certificates.

This new Circular requires that all ships below 500 GT joining the international registry are to be in possession of a financial security per 2.5 and 4.2 standards of MLC 2006 as amended. These are to be carried onboard and a copy sent to the Administration.

Similarly, ships below 500 GT already registered in the international registry must also comply with the above. All such shipowners, managers and operators will be notified officially to comply with these new requirements within 60 days
from the day of the notification. Failure to do so will lead to the Administration issuing a suspension of registration of the vessel. The Administration has the right to cancel the registration of the vessel if no action is taken within 60 days of the suspension.

The Circular also reminds that although, under MLC 2006 as amended, vessels of less than 500 GT don’t need to have an MLC Certificate onboard, the certificate can be issued on a voluntary basis on request, and recommends that vessels of less than 500 GT voluntarily apply for an MLC Certificate to reduce possible problems with PSC Authorities.

Act now

Ship Owners / Managers / Operators / Surveyors should be guided by the Circular and ensure Togolese flagged vessels of less than 500 GT obtain the required financial securities in a timely manner.