Pandi Liquidadores S.R.L., our correspondents in Argentina, has provided us with the following information.
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Further to our previous circular in relation to the subject in heading, we have now received the below circular from Centro de Navegacion which is the local chamber grouping all ship-agents stating that in accordance with information they have received, SOMU will extend the non provision of tug services to the Port of Buenos Aires for those vessels flying the flags already mentioned in our message of 10th June 2013 .
This is a problem for ship-owners who are not a party to ITF contracts whether special, collective or individual. The SOMU is exerting undue pressure in favor of other foreign seamen and crewmembers reason for which, the crew of the tugs do not have a valid reason for the non provision of services. Although there could be some legal remedies, unfortunately the outcome would most probably be a waste of time and money. Lawyers in general are rather pessimistic in respect of the outcome (as Trade Unions have more influence on the Labor authorities than foreign ship-owners may ever have) it may still be worth to try and obtain a hearing with the Labor Minister seeking for an order for the SOMU to lift their unlawful demand.
In this regard we are applying to “Centro de Navegación” (Navigation Centre) as for them approach local authorities as to see whether this unlawful action of the local Maritime Workers Union could be reversed in some way.
Other suggestion is for the Owners of the affected vessels and their local ship-owners associations to file a protest to the Argentine Authorities through diplomatic channels i.e. their Embassies or their Departments of Foreign Affairs.
Just for the sake of good order please note that we have discussed this matter with the following local lawyers : Dr Lesmi (Lesmi & Moreno), Dr Ruggiero (Ruggiero & Fernandez Llorente), Dr Ray (Edye, Roche, de la Vega & Ray), Dr Porcelli (Radovich & Porcelli).
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Original member alert 11th June:
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Please note that today we have been flooded with a number of mails in relation to a note issued last Friday by the local Maritime Workers Union (SOMU) attached hereto in which it is stated that they will not allow the entrance of any vessel to the port of Ingeniero White (Bahia Blanca) flying the below flags which do not have onboard a valid ITF certificate. They also request to receive in advance a copy of the certificate by mail to the addressed mentioned therein.
* Antigua y Barbuda
* Bahamas
* Barbados
* Belize
* Bermudas
* Burma/Myanmar
* Cambodia
* Cayman Islands
* Comoros
* Cyprus
* Equatorial Guinea
* France
* Georgia
* Germany
* Gibraltar
* Honduras
* Jamaica
* Lebanon
* Liberia
* Malta
* Marshall Islands
* Mauritius
* Mongolia
* Netherland Antilles
* North Korea
* Panama
* Santo Tome & Principe
* Sri Lanka
* St Vincent and The Grenadines
* Tonga
* Vanuatu
Please note that we have spoken to the local representatives of ITF in Argentina as to obtain their input but they are not aware of this note issued by the Bahia Blanca section of the SOMU so there is no doubt that this action has been taken by the local unions own decision.
Therefore, this would be a quite complicate situation bearing in mind how strong the unions have become in Argentina nowadays although , we assume that the only way by which SOMU can prevent the entrance of a vessel at the port of Bahia Blanca will be through the non provision of tug boats. We do not know at this stage whether this could be extended to other ports and whether ITF will support SOMU at the end of the day.
Although we are investigating further and obtaining proper legal advice, we would suggest that a warning is issued to your members as for them to be aware of this new boycott/action from SOMU in addition to the delays which they have already been causing to a number of vessels flying British or associated flags.
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