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

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with the classification society that class the vessel to reinstate the class for reason if it has been suspended or withdrawn.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.

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

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

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.

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)