SKAN – Procedures for dealing with PSC Detentions

C25022 | 14 April 2025

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

The St Kitts & Nevis International Ship Registry (SKANReg) has issued Maritime Circular – MC 59 14 (Rev.1), which provides revised guidance on the Administration’s requirements and procedures for dealing with Port State Control detentions and inspections of St. Kitts and Nevis registered vessels. The Circular replaces MC/34/10, which is withdrawn.

Points to Note:

Surveys after 1st detention:

When a St. Kitts and Nevis vessel is detained, the Company managing the vessel must inform SKANReg and immediately call the RO/RSO to attend.

The attending RO/RSO surveyor will ensure that rectification of the deficiencies complies with the applicable Conventions. The inspection shall not be limited to the deficiencies noted by Port State Control.

Where the date of the detention is within the ±3 month’s window for statutory surveys, these shall be conducted before the vessel sails. Renewal surveys are to be conducted to the extent possible, except for safety equipment and radio, which shall be completed. Following rectification of the deficiencies and lifting of the detention, if port operations do not permit completion of the surveys, a schedule for the completion of surveys at the next convenient port is to be set between the Managers and the RO/RSO.

If the date of the detention is not within the ±3 months’ window, the RO/RSO surveyor, after clearing the PSC deficiencies, will carry out a general examination of the ship and decide whether extra surveys are required.

The extent of the safety equipment survey may be upgraded by the Surveyor to that of a renewal survey. The surveys for statutory certificates other than the safety equipment certificate, unless they fall within the ±3 months’ window, are to be carried out to the extent of an annual survey.

Failure to inform SKANReg and/or call in the RO/RSO may result in:

• An additional audit of the company’s shore-based operations within 30 days of the date of the detention.
• SKANReg asking the Class/RO/RSO to withdraw Statutory Certificates from arrival at the next, prohibiting the ship from sailing, until all required surveys are completed and an additional shipboard audit is carried out.
• A penalty charge to the owners.

SKANReg may also instruct a Flag State Inspector (FSI) to inspect the ship. All Expenses will be to the owner’s account.

Surveys after the 2nd detention

When a vessel is detained twice within a year (irrespective of the detaining authority/MoU), in addition to the above, the following will be applied:

• SKANReg may instruct the ROs that issued the SMC and the DOC to carry out additional shipboard and shore-based audits.
• The vessel will be inspected by the RO/RSO and, if deemed necessary, by a SKANReg Flag State Inspector. All the expenses will be on the Owner’s or Manager’s account.

Surveys after the 3rd detention

When a vessel is detained three times within two years (irrespective of the detaining authority/MoU), depending on the corrective actions taken by the Managers:

• Notice may be given and actions taken to terminate the vessel registration.
• The DOC of the Company issued on behalf of St. Kitts and Nevis will be re-evaluated.

Appeals against PSC Detentions

If an Owner/Manager considers that a detention is unjustified, they should firstly ensure that the ship’s Master appeals the decision at the time of detention, directly with the PSC office that has imposed the detention. Details of PSC MoU appeals procedures are contained on the PSC MoU websites.

If the Owner/Manager wishes to appeal the detention thereafter, SKANReg will review the Owner/Manager’s reasons for appealing and give appropriate support if SKANReg considers the detention unjustified. Third-party costs will be to the account of the Owners/Managers.

Banned Ships

When a St. Kitts and Nevis vessel is banned by a specific MoU:

• All statutory certificates may be suspended from the date of the ban.
• An additional audit of the company’s shore-based operations may be carried out.
• Statutory certificates will be reinstated provided that:
  • The RO/RSO has carried out renewal surveys, and there are no outstanding items or recommendations, to the extent possible.
  • The RO/RSO has carried out an additional shipboard audit.
  • A Flag State Inspector (FSI) has attended the vessel and confirmed, in writing, to SKANReg that the vessel complies with Statutory Provisions & Conventions. If the FSI imposes any recommendations, a further inspection may be required.
  • The PSC authority, which has banned the vessel, has re-inspected it, and the ban has been lifted.
• If the Managers do not arrange for the PSC authority re-inspection within 3 months, notice may be given and necessary actions taken per the appropriate section of the Merchant Shipping Act to terminate the ship’s registration.

PSC inspection with deficiencies identified, which did not warrant detention

Managers are obliged to inform SKANReg of deficiencies identified from PSC inspections, even if they do not warrant detention.

ROs/RSOs should also inform SKANReg of such cases which are brought to their attention.

SKANReg will decide whether the case warrants further investigation and, in consultation with the RO/RSO, will decide on any future action.

The owners of vessels having 10 or more deficiencies identified by a PSCO are to inform SKANReg immediately for action as deemed necessary. Failure to inform SKANReg in the instance described above may result in a penalty charge.

Outstanding Recommendations

Where a vessel has had recommendations/class conditions imposed either by SKANReg or PSC, these shall be communicated by the Managers to the RO/RSO, who shall ensure that they are rectified according to the set schedule. Otherwise, the RO/RSO shall contact SKANReg for a decision on the action to be taken.

ISM Code

Where a vessel is detained and the PSC inspection report includes one or more ISM-related deficiencies as grounds for the detention:

• An additional audit of the vessel may be requested by SKANReg.
• If, during the additional shipboard audit, one or more major non-conformities are raised, an additional audit of the company’s shore-based operations may be carried out.

If the RO/RSO classes the vessel and also issues the ISM certification, then if they deem an additional shipboard audit necessary, they shall immediately notify SKANReg and conduct the additional shipboard audit as soon as possible, and inform SKANReg of the results.

If the RO/RSO classes the vessel but does not issue the ISM certification, they shall notify the vessel’s auditing organization and SKANReg of the findings.

SKANReg shall be notified by the RO/RSO of any additional shipboard or shore-based audit.

SKANReg, in conjunction with RO/RSO, shall decide the extent and scope of additional shipboard audits and shore-based audits of a Company, if a large proportion of a Company’s fleet is detained by PSC.

Deficiencies in Officer and Crew Documents and applicable Penalty Charges

Maritime Circular MC/52/13 of June 2013 regarding penalties for deficiencies in crew documents is currently under review, and an amended schedule on penalties will be publicised in due course. Until then, existing penalties per MC/52/13 of June 2013 are still applicable.

“Detention” and “Failure to inform SKANReg” Penalty Charges

The following “Detention” or “Failure to inform SKANReg” Penalty Charges may be levied on an owner should a vessel be detained or owners/managers do not inform SKANReg where they are obliged to do so by this Circular. Such penalty charges will be in addition to any fees and expenses for the attendance of a surveyor from an RO/RSO and of an FSI.

• 1st detention – 5000 US dollars.
• 2nd detention – penalty dependent on severity of identified deficiencies resulting in detention.
• 3rd detention – subject to review, vessel will be de-registered and removed from the register.
• Failure to inform SKANReg – 750 US dollars.

There will be no charge to an owner to assist with an appeal, except for any third-party charges, e.g. lawyers, and the Penalty Charges will not be levied in the event of a successful appeal by the owner against the detention.

Financial Incentive for “Nil” deficiencies on a MoU inspection

Where a vessel has “Nil” deficiencies recorded against it by a PSCO in the course of an inspection, the owners may claim a 25% deduction from the next annual fees for the vessel. This deduction is applicable only once per year.

Owners should make the claim to SKANReg or the Maritime Registrar responsible for their registration services when submitting their application to pay annual registration fees. The claim should include a copy of the ‘Nil’ deficiencies PSC report as evidence.

Additional Actions by RO/RSO

SKANReg will usually support stricter conditions imposed by ROs/RSOs, should they wish to do so for their quality management control.

Any  questions on the subject matter can be directed to SKANReg: mail@skanregistry.com

Act now

Ship Owners/ Managers/ Operators / Surveyors/ Auditors should take note of the contents of the Circular and be guided accordingly.