Updated 2 September 2020

Force majeure is still in place at the Libyan oil ports of Es Sider, Ras Lanuf, Marsa El Brega, Zueitina and Marsa El Hariga.

 

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Port situation for internationally trading ships

According to information received from Gard’s local correspondents in Libya, the situation in the Libyan oil export terminals that were placed under force majeure by Libya’s National Oil Corporation’s (NOC) in January 2020 remains unchanged. The port situation in Libya as at 2 September 2020 is reported to be as follows:

  • Working: Farwah, Bouri, Melittah, Zawia, Tripoli, Al Khoms, Misurata, Marsa El Brega (only non-oil cargoes), Benghazi and Tobruk
  • Under force majeure by NOC: Es Sider, Ras Lanuf, Marsa El Brega, Zueitina and Marsa El Hariga
  • Closed: Sirte and Derna

According to our correspondents, all working ports are currently considered safe for ships and crew. However, our correspondents advise Turkish ships and crews against calling Libya’s Eastern ports controlled by the Libyan National Army (LNA) due to a warning issued by the LNA in response to Turkey’s continued support for Libya’s UN-backed Government of National Accord (GNA).

The situation could, however, change at short notice and we recommend ship operators to warn their ships’ crews of the volatility of the situation, check with local port authorities as to the port’s status and carry out an assessment of the risks involved prior to entering or transiting Libyan waters.

Port entry conditions triggered by COVID-19

According to our correspondents, the Libyan Ports and Maritime Transport Authority has published a manual detailing the measures in place to prevent the spread of COVID-19 for ships calling at Libyan ports. A copy of the manual “Precautionary & preventive measures manual for ships calling-departing and cargo handling at Libyan ports” is available via GAC’s Hot Port News. The correspondents also report that Libyan ports have reduced their opening hours during the pandemic and are primarily open between 09:00 and 17:00 hrs (local time) although exceptions may be granted depending on the type of cargo.

As the COVID-19 situation may change quickly and it can be difficult to maintain a full overview of the areas affected by the outbreak as well as port and travel restrictions being enforced at any given time, we strongly recommend that ship operators and masters, well in advance of arriving at any port, seek guidance from local port authorities and ships’ agents on restrictions and other preventive measures currently in effect. In addition, the International Group of P&I Clubs has launched an online COVID-19 tracker to assist shipowners, charterers, operators and other parties in the maritime sector to track country and port specific advice around the world.

A compilation of links to some relevant websites and guidelines, and Gard material that may assist ship operators, masters and crews to stay alert and prepare and respond to the pandemic is available in our COVID-19 topic page.

Recommendations

Members and clients are advised to instruct their ships to continue to exercise caution when entering Libyan ports and waters. In summary, all ships operating in or near Libyan waters must:

  • adhere to the international laws of trading, follow the official sea navigation routes to any of the working Libyan ports and avoid navigating near the coastal waters of  closed ports;
  • declare the intended voyage and type of cargo to be discharged/loaded to the local agent well in advance of arrival at any Libyan port to allow the agent sufficient time to notify the appropriate authorities; and
  • otherwise stay in close contact with local port authorities, ship’s agent or Gard’s local correspondent to obtain the most up to date and reliable information available at any given time.

Some Flag Administrations may require a heightened security level for ships trading to Libya, meaning that ships must implement additional protective measures in accordance with the formal Ship Security Plan (SSP). As an example, on 2 July 2020 the Republic of the Marshall Islands (RMI) instructed RMI-flagged ships entering Libyan territorial waters to operate at Ship Security Level 2. Likewise, on 14 August 2020 the US Maritime Administration (MARAD) advised vessels operating in the vicinity of the coast of Libya to review security measures, ensure AIS is transmitted at all times (except when transmitting creates a threat to the safety or security of the ship, consistent with provisions of SOLAS), and monitor VHF Channel 16. MARAD further encourages vessels to check in with the NATO Shipping Center (NCS) upon entering the Mediterranean Sea and mariners to review the “Central Mediterranean” section of NCS’ assessment: “Threat to commercial shipping operating in the Mediterranean”.

For tankers trading to this region, our correspondents recommend the following:

  • Tankers loading from Libyan ports must undertake all pre-checks and compliance measures to ensure the cargo intended to be loaded has been authorized by the Libyan National Oil Corporation (NOC). The NOC holds the sole rights and control of all oil exports from the country.
  • Ship operators contracting vessels for voyages to Libya must request a certificate of origin from the charterers indicating that the shippers are indeed the NOC or an approved legal entity of the NOC.
  • Charterers should establish the authenticity of cargo interests and whether they can rightfully ship oil cargoes from Libya. The shippers should be able to provide a letter or document to prove that they are authorized by the NOC to ship the cargo.
  • Upon completion of cargo operations and receipt of port clearance, tankers delivering fuel oil to Libya should sail directly out of Libyan waters. Any deviations or delays may be deemed suspicious by local authorities.

The above recommendations are in addition to the usual sanctions checks, given that a number of Libyan individuals and entities are subject to international sanctions. Please refer to the “Sanctions” section on Gard’s website for relevant information and advice. 

We are grateful to Gargoum Maritime Services and Inspections and Shtewi Legal & Pandi Services for their assistance in the preparation of this update.

 

The US International Port Security Program

In accordance with the Port Security Advisory (1-20) of 10 June 2020, the US Coast Guard (USCG) has determined that ports in Libya are not maintaining effective anti-terrorism measures. Ships are also advised to “proceed with extreme caution when approaching all Libyan oil terminals, particularly in eastern Libya, due to potential violent and criminal activity based upon recent attempts by armed, non-state actors to engage in illicit export of oil.” The advisory also reminds the shipping industry that UN Security Council Resolution 2441 authorizes the UN Sanctions Committee to impose certain measures on vessels attempting to illicitly export crude oil from Libya and that this resolution imposes several restrictions regarding loading, transporting, or discharging crude oil from Libya which may include the possible denial of port entry.

Under the US Maritime Transportation Security Act (MTSA), the USCG is required to assess the effectiveness of antiterrorism measures implemented in foreign ports from which US documented vessels and foreign vessels depart on a voyage to the US and other foreign ports believed to pose a security risk to international maritime commerce. As ports with ineffective antiterrorism measures are identified, this information is published in the Federal Register and the USCG will impose conditions of entry on vessels arriving in the US that visited such ports as one of their last five ports of call. Under the conditions of entry, affected vessels must:

  • implement measures as per the ship’s security plan equivalent to security level 2 while in port in Libya;
  • ensure that each access point to the ship is guarded and that the guards have total visibility of the exterior (both landside and waterside) of the vessel while it is in port in Libya;
  • attempt to execute a declaration of security while in port in Libya;
  • log all security actions in the ship’s security records; and
  • report the actions taken to the relevant Coast Guard captain of the port prior to arrival in US waters.

Any affected vessel that does not meet the stipulated conditions may be denied entry into the United States.

The complete list of ports considered to have ineffective antiterrorism measures along with the associated conditions of entry are included in the policy notices available on the US Coast Guard website: International Port Security Programs.