April 17, 2014 Directorate General of Land and Maritime Transport and Transport Response to Baroudi and Associates Law Firm Letter
Republic of Lebanon
Ministry of Public Works & Transport
Directorate General of Land & Maritime Transport
6/3017
April 17, 2014
To: Captain of Rhosus and his representatives, lawyers Samir and Jean Baroudi
Re: Request to take action to avoid a maritime catastrophe
Reference: Your letter, dated April 7, 2014, registered at the Directorate General of Land & Maritime Transport under no: 6/3017 dated April 9, 2014, with its annexes
In reference to your letter mentioned in the “reference” field above, and in which you propose the following:
- The “RHOSUS” is docked at Beirut Port in transit since December 2013 with onboard several seafarers. The ship is leased and operated by “Teto Shipping LTD”, and it is carrying 2,750 metric tons of Ammonium Nitrate shipped for “Banco International de Mozambique” and the “Fabrica de Explosives” company which should be notified.
- The seafarers became prisoners on board of the ship and could not leave it and make a living after the ship owner, operators and leasers abandoned them and the ship, and stopped paying their wages for more than 5 months and stopped as well paying the ship expenses and debts. The consignee to which the merchandise was shipped abandoned the merchandise as well, and these issues are proven in the letter sent via email from “Teto Shipping LTD” via the maritime agent to us.
- The ship and its cargo are threatening the ship safety as well as the port safety. Ammonium nitrate carried on board of the ship is considered an extremely hazardous material due to its high flammability and it is used in the manufacture of explosives, which requires taking due diligence and precaution while storing or moving it. Furthermore, the ship has become worn-out because it is corroded to rust which might lead to water leaking into the holds, and the interaction of Ammonium Nitrate with water exposes the cargo to the risk of explosion.
- Pursuant to the provisions of the applicable laws, especially article 73 of the Ports and Harbors Regulations, it is within the jurisdiction of our administration to monitor hazardous goods on ships and to take the necessary measures to maintain public safety.
Therefore, you asked us to promptly take all the necessary measures to prevent and avoid the risks imposed by the abovementioned situation, and to sell the ship and its cargo as per the applicable laws, and to pay the debts incurred to the crew and others.
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Accordingly,
This administration would like to inform you that two letters were sent [by the administration] to the Case Authority at the Ministry of Justice (Letter no:6/2832 dated April 8, 2014 and letter no: 6/3178 dated April 14, 2014), in which the merits of the “RHOSUS” case were presented, including that the ship is carrying ammonium nitrate, a hazardous substance, and that it is at risk of sinking in Beirut Port due to the negligence of its owners, and [the Case Authority] was asked to take the necessary action to avoid the sinking of the ship loaded with hazardous merchandise in Beirut Port and avoid the risks imposed to the safety of the maritime navigation and the marine ecosystem, and expedite the adjudication of the ship case and selling it at auction, and give the utmost priority to this issue. A letter no:6/3179 dated April 14, 2014, was sent to the maritime agent of the ship (“The National Trading & Shipping Agency”) to ask them again to take the necessary action to repair and maintain the ship in a prompt and immediate manner to prevent the ship from sinking and to notify us within 24 hours about the actions to be taken by the maritime agent.
For information.
Director General of Land & Maritime Transport
Eng. Abdel Hafiz El-Kaissi
[signature]
Translated by Human Rights Watch