As Master, what are your specific obligations under MLC 2006 regarding Seafarer Employment Agreements (SEAs) and what must they contain?

A. SEAFARER EMPLOYMENT AGREEMENT — MASTER'S OBLIGATIONS: MLC 2006 Standard A2.1 requires every seafarer to have a written SEA signed by both the seafarer and the employer (or their representative). MCA requires UK companies to have MLC-compliant SEAs. SEA CONTENT (Standard A2.1 Para 4): (1) Seafarer's full name, date of birth and birthplace; (2) Shipowner's name and address; (3) Place and date of engagement; (4) Capacity in which seafarer is to be employed; (5) Amount of wages or the formula for calculating wages; (6) Amount of paid annual leave or the formula for calculating leave; (7) Minimum rest periods; (8) Health and medical care and welfare benefits; (9) Repatriation entitlements; (10) Reference to the CBA (Collective Bargaining Agreement) if applicable; (11) Social security benefits; (12) Termination provisions. MASTER'S OBLIGATIONS: (1) ENSURE EVERY CREW MEMBER HAS A SIGNED SEA: the master must not allow a seafarer to join the vessel without a valid, signed SEA; (2) CARRY THE SEA ON BOARD: the original or a copy must be accessible to the seafarer at all times; (3) TRANSLATION: if the seafarer does not speak English, the SEA should be explained to them in a language they understand; (4) PSC INSPECTION: PSC MLC inspectors will request to see SEAs. If any crew member does not have one — detention risk; (5) SEA COMPLIANCE: ensure the SEA terms are actually being implemented — wages paid, rest hours met, leave entitlement honoured.

B. Seafarer employment contracts are commercial matters between the seafarer and the crewing agency. The master has no role in ensuring SEAs are in place.

C. SEAs are only required for seafarers joining for voyages over 30 days. Short-term crew (under 30 days) can be engaged without a written SEA.

D. The SEA is equivalent to a simple employment contract. No specific maritime clauses are required — standard employment law terms are sufficient.

A. STOWAWAY MANAGEMENT — MASTER'S FAL OBLIGATIONS: The IMO FAL Convention (Convention on Facilitation of International Maritime Traffic) and MSC Resolution MSC.312(88) provide the framework for stowaway management. IMMEDIATE ACTIONS: (1) SAFETY AND MEDICAL: ensure stowaways are safe, given water, food, and medical assessment. They may have been hidden for up to 48 hours in poor conditions; (2) COMPREHENSIVE SEARCH: systematically search the entire vessel for further stowaways — could be more hiding elsewhere; (3) STOWAWAY QUESTIONNAIRE: complete a stowaway questionnaire for each person: name, age, nationality, country of residence, documentation held, port and means of embarkation (how did they board?); (4) DOCUMENTATION: photograph each stowaway; collect any travel documents. These must be retained on board; (5) NOTIFY FLAG STATE: notify the flag state (MCA if UK-flagged) immediately; (6) NOTIFY OWNER AND DPA: immediate company notification; (7) NOTIFY NEXT PORT STATE: notify Dutch immigration authorities (Netherlands) as next port state. Provide: number of stowaways, nationality, documentation status, vessel ETA. Port state decides whether stowaways may land; (8) NOTIFY PORT OF EMBARKATION: notify Dakar port authority that stowaways boarded from their port. Embarkation state has responsibilities under FAL Convention; (9) P&I CLUB: critical notification. P&I covers stowaway repatriation costs and legal fees. Club will advise on procedure in Rotterdam; (10) CARE EN ROUTE: stowaways must receive the same standard of care as crew members — food, accommodation, medical care. They cannot be imprisoned or maltreated; (11) ARRIVAL STATEMENT: submit an advance notification to Dutch authorities listing stowaways.

B. Stowaways found within 24 hours of departure must be returned to the port of embarkation immediately. Divert to Dakar and hand them to the port authority.

C. Put the stowaways in a locked cabin and do not report to any authority until arriving at Rotterdam. Early reporting complicates the immigration process.

D. The stowaways have no legal status and may be put off the vessel at the next port on passage. There is no obligation to take them to Rotterdam.

A. STOWAWAY FINANCIAL LIABILITY: INITIAL FINANCIAL RESPONSIBILITY: under the FAL Convention and European immigration law, the CARRIER (shipowner) is responsible for the costs of: (a) care of stowaways while on board; (b) repatriation flights and travel documents; (c) escort requirements (if immigration authorities require escort to country of origin); (d) fines imposed by EU member states for landing undocumented migrants. EU CARRIER SANCTIONS DIRECTIVE (2001/51/EC): EU states can fine carriers EUR 2,000-3,000 per undocumented person transported. With 5 stowaways at EUR 3,000 each — EUR 15,000 in fines alone, plus repatriation. P&I CLUB COVER: most P&I Club policies cover stowaway repatriation costs under the "Passenger and Crew" liability or "Legal Costs" sections. The Club's correspondent in Rotterdam will manage the process. CLAIMS AGAINST THE EMBARKATION PORT/STATE: the shipowner can attempt to recover costs from: (a) the Senegalese port authority if the stowaways boarded through a security failure at Dakar; (b) in practice, recovery from embarkation states is difficult and rarely successful; PREVENTION PREMIUM: companies that have repeated stowaway incidents may face higher P&I premiums. Prevention (ISPS measures, security searches before departure) is preferable to managing the liability. PRE-DEPARTURE SEARCH: as part of ISPS and company SMS, a search of the vessel for stowaways before departure from high-risk ports (West Africa, Middle East, North Africa) is standard procedure.

B. The stowaways are refugees and are entitled to international protection. The carrier has no financial liability — the UNHCR covers all repatriation costs.

C. The cost of stowaway repatriation falls entirely on the stowaways themselves. The carrier can detain the stowaways' belongings as security until the costs are paid.

D. If the stowaways boarded without the carrier's knowledge or consent, the carrier is exempt from all financial liability under international law.