02 The Legal Helm – Seafarers beware of the juggernaut conmen and fraud agents
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The frantic rush to grab the seemingly “star studded opportunity” brings along-with it scores of conmen and fraudsters in the maritime industry. They will paint such a rosy picture for the desperate youngsters that, nine out of ten times the gullible ones will fall for it. Whilst the more pragmatic ones will desist from jumping into this well, there is no dearth of young-and-desperate individuals who will take the plunge. Therefore, the conmen’s juggernaut keeps on rolling endlessly year-after-year. They dupe the gullible seafarers by promising them sure-shot employment in any shipping company of their choice.

 

What is the solution?

When problems galore, solutions are not far to seek. In the current milieu, one needs to follow a precautionary approach. An individual seafarer should be mindful of certain basic measures, which she/he can resort to secure her/his interests and well-being at-sea.

 

Conmen and Fraudsters: One should try to avoid contacting individuals whose credentials cannot be legally verified. If somehow one does get in touch with a “maritime agent” who has unverified credentials (RPSL number), always ask the agent to produce before you a verified seafarer employment contract that is issued on the official letterhead of the company who is the real employer in such an arrangement. In addition, if the maritime agent asks you to travel to a foreign country in order to sign-on a ship then, it is highly recommended that you firmly ask the agent to connect you to the concerned shipping line or the actual employer, whoever it may be.

 

Crimes at-sea: When sailing on-board a ship that has a multinational crew, a higher degree of care is recommended to be observed. People from different nationalities have different levels of tolerance and sensitivity for the same act/conduct. It has been observed that, in majority of the criminal acts which happen between crew-members (both men and officers), there were long-standing differences and misunderstandings prevailing between the two (or more) warring factions. These differences and misunderstandings could have been nipped-in-the-bud if they could have been identified at the right time. Such an intervention (to resolve disputes and differences) requires that the men and officers must be properly trained to operate in a multi-cultural environment.

 

Simple Precautionary Measures: Seafarers may take the following steps to ensure their safety and well-being at sea-

  • Before any seafarer physically gets on-board a ship, she/he must ensure that her/his family members must have a copy of his official documents i.e. Seafarer Employment Agreement, Continuous Discharge Certificate (CDC), Certificate of Competency (COC), Passport (with Visa), copies of all STCW Certificates and any other requisite documents(s).
  • The seafarer and his family must have the contact details of the employer, International Non-Governmental Organizations (NGO’s) who help seafarers’ in-distress, as well as that of concerned government agencies who can be contacted in an emergency.
  • Lastly, seafarers must remain in constant touch with their families through the means of social media, telephonic conversations, internet based telecommunications, etc. They should constantly update their near and dear ones about their whereabouts at-sea such as which is the next port-of-call, names and contact numbers of their seafaring colleagues, working conditions on-board the ship and share day-to-day happenings with their family members/friends. This will allow the family members/friends (of the seafarer) to identify and act swiftly in case a crisis arises.

 

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