Eltvedt & O’Sullivan, our correspondents in Guinea, has provided us with the following information
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We have recently been involved in a second incident at Malabo, Equatorial Guinea, in which a ship ‘waiting for orders’ in territorial waters has been escorted into the port of Malabo by the navy and heavily fined.
The ship had already been waiting in the anchorage for several days and had been noted by the regular navy patrols. She had not been flying the Equatorial Guinea courtesy ensign, had not given warning of her arrival in territorial waters to the local authorities and had no local agent.
The ship had been escorted into the port, the ship’s documents removed ashore and the Master & Chief Engineer placed in a local hotel. Whilst there, the Authorities (principally the Ministry of Defence) conducted an enquiry, issued a statement and imposed fines -in excess of Euro 40,000.00 –upon the ship for being in territorial waters without due authority and failing to fly the courtesy ensign.
There is no appeal and no negotiation over the fine.
The ship will remain in port until the fine is paid, either in cash or by cheque on a local bank; and in case the fine is paid by cheque the ship will not be given clearance until the money arrives in the receiver’s bank account.
From the time the ship is detained to her release will take a minimum of one week.
In addition the ship will incur port charges and there may be additional charges from the customs and immigration whilst in the port. These must also be paid before the ship is allowed to sail.
We would strongly suggest that ships ‘waiting for orders’ in the vicinity of Equatorial Guinea should, if possible, stay well clear of territorial waters.
If the ship is obliged to enter territorial waters, then she should advise the local authorities, preferably via her local agent, and must fly the Equatorial Guinea courtesy ensign, which should be on board (or if not, is available in Malabo for about Euros 35) and the flag of her own country of registry. These flags should both be flown at all times whilst in the territorial waters of Equatorial Guinea.
We believe that the reason for Equatorial Guinea’s attitude is that in a failed coup attempt not many years ago, mercenaries had come ashore from a ship that had simply arrived offshore without notice. This was a high profile attempt which received much coverage in the international press at the time. Many of the alleged participants remain in jails at both Malabo and Harare (Zimbabwe).
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