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Flag State Control

Obligations of Shipowner/Company

Shipowners and companies of Nigerian-registered ships are to maintain and operate their ships according to certain requirements. The obligations of these companies and shipowners are contained in the following instruments:

  • NIMASA Act
  • Merchant Shipping Act
  • Prevention of Pollution of the Sea Act
  • International Safety Management (ISM) Code
  • International Ship and Port Facility Security (ISPS) Code
  • Relevant shipping circulars promulgated by NIMASA
Information for Owners/Managers

Owners and Managers of Nigerian-Flagged Vessels

  • Dual Flagging
  • Vessel Seaworthiness
  • Changes in Vessel Particulars
  • Loss of Statutory Certificates
  • Incident Reporting

Dual Flagging is not permitted

  • Owners and managers of Nigerian-flagged vessels are to note that dual flagging is not permitted. Nigerian-flagged vessel that is found to be dual flagged will be deregistered as the vessel will not be allowed to remain in the register of the Nigerian Registry.

Vessel’s Seaworthiness

  • The vessel’s class must be maintained at all times. You are to take immediate action and make arrangement with the classification society that class the vessel to reinstate the class for reason if it has been suspended or withdrawn. Vessel which failed to maintain class will be deregistered as the vessel will not be allowed to remain in the register of the Nigerian Registry.

Reporting on Any Changes in the Registered Particulars of the vessel

  • Any changes to the registered particulars of the vessel as declared during vessel registration such as gross tonnage, type of vessel, changes to the manager, designated person ashore (DPA) and company security officer (CSO) are to be reported to the Registrar of Ships as soon as possible. Where applicable, the notification is to be accompanied with supporting document evidencing the change in particulars.

Report on the Loss of Vessel’s Statutory Certificates

  • You are to report to the Registrar of Ships on the loss of certificates such as the Nigerian Certificate of Registry, Continuous Synopsis Record (CSR), Civil Liability Oil Pollution Damage certificate (CLC), Civil Liability Bunker Oil Pollution Damage certificate (BCC) and Long Range Identification Tracking (LRIT) Conformance Test Report. A statutory declaration (SD) would have to be made and submitted to the Registrar of Ships. A replacement certificate would be issued in exchange with the SD.

Reporting of Incident

·         Non-Security Related Incident

Owners and managers are to report all accidents and shipping casualties to the Director of Maritime Safety within 24 hours, or as soon as possible, in accordance with provisions of the Merchant Shipping Act. Failure to comply with this section without reasonable cause is an offence which carries a maximum penalty.

·         Security-Related Incident

Owners and managers are reminded that any marine security-related incidents involving Nigerian-registered vessels should be reported to NIMASA. The reporting should be made by completing the ‘Security Incident Form’.

·         Circulars and Notices

The circulars and notices here are applicable to you and your Managers as well as Masters and crew of Nigerian-registered vessels. They provide updates on developments within the Nigeria port as well as international guidelines/regulations on ship, crew and port operations, among other areas. You are encouraged to visit this link Marine Notice regularly to keep yourself abreast of the developments.

Flag State Control Inspections

Introduction

NIMASA surveyors may inspect and audit a Nigerian-registered ship and the safety management system of its company under the authority of:

  • The Merchant Shipping Act; and
  • The Prevention of Pollution of the Sea Act 

Objectives of flag state inspections

Flag State control inspections:

  • Support the quality shipping objectives of NIMASA.
  • Enforce high standard of compliance with international and national rules and standards for Nigerian-registered ships.
  • Verify the actual condition of Nigerian-registered ships conform to the certificates they carry. The scope of the verification includes:
    • Hull, equipment and manning;
    • Safety management; and
    • Security systems 
  • Ensure that the ship’s crew can effectively:
    • Co-ordinate their activities in an emergency situation;
    • Perform functions vital to safety; and
    • Prevent or mitigate pollution
  • Monitor the work performed by recognized organizations and nominated surveyors that act on behalf of NIMASA. 

Inspection Process

  • Qualified surveyors from NIMASA conduct flag State control inspections
  • The master receives an inspection report upon the completion of an inspection
  • The master is required to rectify any deficiencies in accordance with the conditions stated in the inspection report

Detention of Ships

The Director of Maritime Safety may detain a Nigerian-registered ship if it is unsafe or has violated any requirements or regulations under:

  • Merchant Shipping Act; and
  • Prevention of Pollution of the Sea Act

Appeal

The shipowner or company may appeal against a detention within 30 days from the date of notification. The appeal should not cause the detention to be suspended. A shipowner or company that wishes to appeal should state the reasons and provide supporting evidence to the Director of Maritime Safety and Seafarers Standard department- msssd@nimasa.gov.ng

Survey Application and Certification

Surveys and certification of Nigerian-registered ships are carried out by surveyors of the NIMASA Safety Department or any one of the classification societies authorized by the NIMASA as recognized organizations (RO).

Application for condition survey, safety equipment survey and radio survey.

Owners or companies of Nigerian-registered ships who wish to have their vessel surveyed by a surveyor appointed by the NIMASA. The Agency will review the survey report submitted by the surveyor before issuing or endorsing the Certificate.

Application with the Agency

Owners or companies of Nigerian-registered ships who are applying with the NIMASA to conduct surveys and certification for their ships should send a request to the Director, Maritime Safety and Seafarers Standard Department: msssd@nimasa.gov.ng

Other Applications

For Nigerian-registered ships and their companies, NIMASA as the flag Administration has the exclusive right to extend surveys or certificates, or issue exemptions or dispensations.

However, applications for survey or certificate extensions, exemptions or dispensations should be done through the recognized organization (RO) that issued the certificate.

List of Recognized Organizations

We advise owners and companies to apply before the survey is due or certificate expires. Submit the application form early in order for the Agency to process your application within 3 working days.

International Safety Management (ISM) Code

This section highlights the International Safety Management (ISM) Code verification and certification for Nigerian-registered ships and their Companies.

The ISM Code is an international standard for the safe management and operation of ships and for pollution prevention.

Who it applies to

The provisions of Chapter IX of the SOLAS Convention and the ISM Code apply to the following with effect from 1 July 2002:

  • Nigerian-registered ships of 500 gross tonnage and above, engaged on international voyages and propelled by mechanical means;
  • Passenger ships engaged on international voyages;
  • The Companies* of the above 

* Company means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner, and who on assuming such responsibility, has agreed to take over all duties and responsibility imposed by the ISM Code.

Objectives

The objectives of the ISM Code are to:

  • Ensure safety at sea;
  • Prevent human injury or loss of life; and
  • Avoid damage to the environment with focus on the marine environment and on property The ISM Code establishes the following safety management objectives of the company:
  • Provide safe practices in ship operation and working environment;
  • Establish safeguards against all identified risks; and
  • Continuously improve safety management skills of personnel ashore and onboard ships. These skills include the preparation for emergencies related to safety and environmental protection.

Requirements

The ISM Code requires every Company to develop, implement and maintain a safety management system (SMS) which includes these functional requirements:

  • A safety and environmental protection policy;
  • Instructions and procedures to ensure safe operation of ships, and protection of the environment, in compliance with relevant international and flag State legislation;
  • Defined levels of authority and lines of communication between, and amongst, shore and shipboard personnel;
  • Procedures for reporting accidents and non-conformities with the provisions of this Code;
  • Procedures to prepare and respond to emergency situations; and
  • Procedures for internal audits and management reviews

Documents and certificates

A Company that operates a Nigerian-registered ship to which the ISM code is applicable needs to have a Document of Compliance (DOC) or an Interim DOC. A Company will receive a DOC or Interim DOC after it has been verified that it complies with the relevant requirements of the ISM Code. An up-to-date copy of the DOC should be placed on board the ships operated by the company. 
A Nigerian-registered ship to which the ISM code is applicable will receive a Safety Management Certificate (SMC) or Interim SMC after it has been verified that its shipboard management and its Company operate in accordance with the approved safety management system.

Recognized Organizations

Owners or Companies of Nigerian-registered ships may apply to these recognized organizations directly for company and shipboard ISM verification and certification:

  • American Bureau of Shipping (ABS)
  • Bureau Veritas (BV)
  • China Classification Society (CCS)
  • DNV-GL
  • Korean Register of Shipping (KR)
  • Lloyd’s Register (LR)
  • Nippon Kaiji Kyokai (NK)
  • Registro Italiano Navale (RINA)
  • Conarina Nigeria Limited
  • Indian Register of Shipping IR Class
  • International Naval Survey Bureau (INSB)

NIMASA Audits

NIMASA retains the right to participate in the ISM audits of any Nigerian-registered ship and the Company to fulfill its duties as a flag Administration. NIMASA surveyors will verify the effectiveness of the safety management system during flag State inspections. The shipowner must report to NIMASA if the company that operates a Nigerian-registered ship is not the shipowner. The details of the report include:

  • Full name and details of the Company; and the particulars and contact details of the Designated Persons (DPA)
International Ship and Port Facility Security Code

The ISPS Code is a set of measures to enhance the security of ships and port facilities. This page also contains information on ISPS security trainers, ISPS compliant port facilities, and Recognized Security Organization (RSO) for both ships and ports.

The ISPS Code is a set of measures to enhance the security of ships and port facilities. It was developed in response of the perceived threats to ships and port facilities after the 9/11 attacks. The ISPS Code is part of the Safety of Life at Sea Convention (SOLAS) and compliance is mandatory for the 148 Contracting Parties to SOLAS. The ISPS Code was adopted by one of the resolutions that was adopted on 12 December 2002 by the Conference of Contracting Governments to the SOLAS, 1974 (London, 9 to 13 December 2002). Another resolution includes the necessary amendments to chapters V and XI of SOLAS that mandates compliance with the Code on 1 July 2004. The existing chapter XI of SOLAS was amended and re-identified as chapter XI-1. A new chapter XI-2 was implemented based on special measures to enhance maritime security. Part A of the ISPS Code contains the mandatory requirements regarding the amended provisions of chapter XI-2 of SOLAS, 1974; Part B provides guidance regarding these amended provisions.

ISPS security trainers

NIMASA has endorsed maritime training providers to help guide Nigerian flagged ships and Nigerian port facilities in the training of their maritime security personnel. These training providers conduct training for Company Security Officers (CSOs), Ship Security Officers (SSOs) and Port Facility Security Officers (PFSOs) according to the requirements of the ISPS Code and IMO model.  

Ship ROs (Recognized Organizations)

The NIMASA has appointed ROs to approve Ship Security Plan (SSP) and to issue International Ship Security Certificates to Nigerian flagged ships on its behalf.

Port facility ROs (Recognized Organizations)

ROs also assist the NIMASA to perform security assessments, and formulate or endorse Port Facility Security Plan (PFSP) for Nigerian port facilities.

Recognized Organizations

The Nigerian Maritime Administration and Safety Agency is in charge of inspections of Nigerian ships. Inspections and supervisions may, however, be delegated to the recognized classification societies.

The following 10 classification societies are authorized to carry out surveys and inspections and issue statutory certificates – as applicable – on behalf of the NIMASA:

  • American Bureau of Shipping (ABS)
  • Bureau Veritas (BV)
  • International Naval Survey Bureau (INSB)
  • DNV-GL
  • International Register of Shipping (IRS)
  • Lloyd’s Register (LR)
  • Phoenix Register of Shipping)
  • Oversea Maritime Certification Service (OMCS)
  • Conarina Nigeria Limited
  • Indian Register of Shipping IR Class
  • International Naval Survey Bureau (INSB)
Approved Liferaft Servicing Stations

SOLAS Regulation III/20.8 requires that every inflatable liferaft shall be serviced:

  • At intervals not exceeding 12 months, provided where in any case this is impracticable, the Administration may extend this period to 17 months and
  • At an approved servicing station which is competent to service them, maintains proper servicing facilities and used only properly trained personnel. Please refer to the Recommendation on Conditions for the Approval of Servicing Stations for Inflatable Liferafts adopted by the International Maritime Organization by resolution A.761(18), as amended by resolution MSC.55(66)
Recognized Organizations

NIMASA authorize the following classification societies to act as Recognized Organizations (ROs) for the survey and inspection of Nigerian flag ships.

Contact details are listed in the attached pdf;

Click to view Approved Classification Societies with NIMASA

List of Nonexclusive surveyors
LIST OF NON EXCLUSIVE SURVEYORS LOCATION Phone no.
CAPT. E. A. ISHOLA LAGOS 08033293769
CAPT. E. O. ANYA PHC 08035200588
BRIGGS SOBEREKON SUKI PHC 08075344121
CAPT. LEKAN OLAPADE LAGOS 08034107891
PENDANT MARITIME SERVICES LAGOS 08085034345
CAPT. AKABOM BASSEY WARRI 07036554774
ENGR. ISRAEL OBADAN LAGOS 07035194540
ENGR. JOHN.TUNJI. OGUNTOKUN LAGOS 08026999818
ENGR. CHRIS NWAJEI LAGOS 08034706454
ENGR. BASIL DIKE LAGOS 08034254666
MARINE  PROFESSIONALS LAGOS 07055309634
ENGR. KIWEKUZI ONYIBE NDUDI LAGOS 08023060333
HYPO-MAX SERVICES LTD LAGOS

08028561379

08092925421

EFE ASAGBA LAGOS 07061670404
MILA MANAGEMENT SERVICES LAGOS 08062812747
KUEKPUGI GBARALE PHC 08035437557
ENGR. JUDE DURU STEVENS PHC 07055792977
ENGR. A.P. EDEVBIE LAGOS 08033151744
EMERAKU IJIOMA LAGOS 08033050259
CAPT. S.O.OLAREWAJU PHC 08095279866
ENGR. EMMANUEL POPO LAGOS 08060733923
DEEP WATERS OFFSHORE ENERGY CONSULTANT LTD LAGOS 08145581113
MIDLAND MARINE MSERVICES LTD LAGOS 08038637476
UDOH MFON .JACOB JPETERS PHC 08033404493
GEORGE AGBAJOH LAGOS 07060625156
ADEBOBOYE DARAMOLA LAGOS 08023072379
ISAAC OPALANA LAGOS 08023100216
ROLAND ONYILO BENUE

08181866833

08064129019

AMOBI PATRICK .AMECHI LAGOS 08030601446
JOSEPH ALUGE LAGOS 08033189048
GEOFFREY EMERUEM LAGOS 08033340497
ENGR. UBA BASIL AJALA LAGOS 08033396245
AYODELE T.  JONATHAN LAGOS 08032298499
CAPT. TAJUDEEN O. ALAO LAGOS 08037164746
ADEYEMI A. ADEOLA LAGOS
ENGR. ABUJA  SAIDU  KATO LAGOS 08027549664
VICTOR UYEBI WARRI 08023305837
REUBEN C. EBOCHUE LAGOS 08136542609
AVIVA QUARTET LTD LAGOS 08165808252
SONIA VENTURES LAGOS 08038637476
TRUSTGATE MARINE INVESTMENTS LTD LAGOS 08035625235
KINGSLEY MINABOWAN BENIN 08034735897
ZEAL OFFSHORE & MARINE LAGOS
YAHSONS ENERGY & POWER LTD – ENGR. YAHAYA ODESANMI. LAGOS 08034817831
RL TECHNOLOGY NIG. LTD LAGOS 08033461579
MIKEALFA NETWORKS LIMITED LAGOS 08037262145
SEABRIGHT (NIG.) LIMITED LAGOS
MAOS INTEGRATED CONCEPT LTD – ENGR. MOSES OTOBO WARRI 09056811749
KEN – MAJOR MARINE CONSULT LAGOS 08051103989
BENJAMIN GOLD GAGACHE LAGOS 08033087581
Safety Inspections and Standards

Ship Safety inspections and standards comprises of both Flag and Port State control inspections. Port State control (PSC) inspections are conducted on foreign-flagged ships in our waters while Flag State control (FSC) inspections are conducted only on Nigerian-flagged ships. Both are unscheduled inspections. The scope of inspections is the same for both, focusing on compliance with IMO regulations, including but not exhaustively, SOLAS, Load Line, MARPOL and STCW Conventions and the ISPS Code.

Safe manning for vessels

Minimum safe manning is the level of manning that will ensure that a ship is sufficiently, effectively and efficiently manned to provide: safety and security of the ship. safe navigation and operations at sea.

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