The Ebola epidemic
in the commercial
shipping context
Simone Ingeberg
Vice President, Lawyer
Head of FDD Skuld Oslo 1
Outline
• SKULD CLAIMS, UNDERWRITING
AND LOSS PREVENTION
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EBOLA
PORTS
PRACTICAL ADVICE FOR VESSELS
CREW
STOWAWAYS
CASE EXAMPLES
SUMMARY
SKULD CLAIMS, UNDERWRITING AND
LOSS PREVENTION
• Claims handling
− P&I
− Crew
− Stowaways
− Cargo
− FD&D
− C/p disputes
− Scrutinising operating charter party clauses and incorporating protective clauses where
possible.
• Underwriting
− Cover
− Deviation from contractual voyage
SKULD CLAIMS, UNDERWRITING AND
LOSS PREVENTION
• Loss prevention
− LPRC Group: coordination of sourcing, preparing and publishing
useful and actionable materials for members and Skuld staff
− Latest updates, advices and in depth guidance as well as links to
external websites
− Insight: Ebola virus
− Your input
− www.skuld.com
EBOLA
• Symptoms and disease
− EBV – Ebola virus disease
(formerly known as Ebola
haemorrhagic fever)
− First emerged in Zaire (now
known as the Democratic
Republic of Congo) in 1976
(named after the Ebola River
in Zaire).
− Disease caused by a virus
which is thought to come
from bats. Severe and lifethreatening. Fatality rate of
50-90%.
EBOLA
• Symptoms and disease
− Incubation period (time interval from infection with the virus to
onset of symptoms): 2 to 21 days.
− Humans are not infectious until they develop symptoms.
− First symptoms: sudden onset of fever fatigue, muscle pain,
headache and sore throat. This is followed by vomiting, diarrhoea,
rash, symptoms of impaired kidney and liver function, and in some
cases, both internal and external bleeding.
− No cure for Ebola, although experimental treatments are being
tried. Treatment is mainly supportive and may include intensive
care support in severe cases.
− No vaccine
• www.who.int: Global Alert and Response (GAR)
EBOLA
• Spread
− Started in Guinea in March 2014 and spread to Liberia, Sierra
Leone, Nigeria. Now also Senegal.
− Virus has apparently started a new outbreak in the Democratic
Republic of Congo - not clear whether or not this is directly related
to the outbreak elsewhere.
− Outbreak is a larger and more enduring event than was previously
recorded for this disease. 8 August 2014, the WHO declared the
epidemic to be an international public health emergency.
− No seafarers have contracted Ebola during a call to one of the
principal Ebola-affected countries.
− No cases of Ebola have been reported in the ports themselves.
EBOLA
• Spread
− ivorypandi.com
− skuld.com
EBOLA
• Spread
− H2H - human to human contact
− Direct contact with bodily fluids of an infected person (blood, stool,
urine, saliva, semen). This also includes direct contact with e.g.
soiled clothing or bed linen, objects, utensils, toilets, basins and
used needles from an infected person.
− WHO: Risk of infection for travellers is very low since person-toperson transmission results from direct contact with the body
fluids or secretions of an infected patient. All contacts to be
avoided.
− WHO does not recommend any ban on international travel or
trade.
PORTS
• General
− Situation in the various countries - especially West Africa regarding the Ebola virus is changing day by day as new
measures are being implemented by the various governments and
authorities in order to restrict the spread of the disease.
• West Africa
− http://www.budd-pni.com/upload/fichiers/2014/ebola-update-2209-14.pdf
− Quarantine: Cameroon, Cape Verde, Equatorial Guinea, Gabon,
Gambia, Ivory Coast, Senegal
− Sanitary / health inspections, possible restrictions and protective
clothing
PORTS
• South America
− Trading patterns often take vessels from West Africa to Central or
South America - it is those nations that have implemented some of
the earliest and most detailed response measures.
− The Association, with the assistance of its extensive
correspondent network, has produced three maps, giving
summary information with respect to known response measures in
Central and South America:
http://www.skuld.com/topics/people/diseases/ebola-virus/ebolavirus-update-on-central-and-south-american-response/
− Information may be subject to sudden change, these are meant
for guidance purposes only, and Members are still strongly
advised to seek information from local agents well in advance of
arrival.
PORTS
• Asia (examples)
− Enhanced quarantine inspection (body temperature and hygiene
situation, medical report) at Chinese ports for vessels arriving from
Ebola affected countries
− Bangladesh: Medical response team - more in depth arrival
health and quarantine inspections and information demands
• Rest of the World (examples)
− France: 48 hours before intended arrival, full details of the ship’s
calls in the previous 30 days
− HK: Port health measures - more in depth arrival health and
quarantine inspections and information demands
− Australia: Attention of the Customs and Border Protection and
Department of Agriculture
− Germany: Quarantine measures
− USA: Coast guard will review notice of all arrivals to determine if a
vessel has visited an affected nation
PRACTICAL ADVICE FOR VESSELS
• Piece-meal, unpredictable information and response
internationally
• On board safety procedures to mitigate against potential risk
of a crew man being exposed to an infectious disease
• Skuld practical guide for bulk carriers calling at ports with an
infectious disease outbreak:
http://www.skuld.com/topics/people/diseases/ebolavirus/ebola-virus-practical-advice-for-bulk-carriers-calling-atports-with-a-disease-outbreak/
• WHO: Travel and transport advice: Recommendations for
ships: http://www.who.int/ith/updates/20140421/en/
• WHO Guide to ship sanitation
• WHO International Medical Guide for Ships
PRACTICAL ADVICE FOR VESSELS
CREW
• POAE advice
− Ships passing through Sierra Leone, Liberia, Nigeria, Senegal or
Guinea are ordered not to make crew changes – no shore leave.
− POAE has banned the deployment of overseas workers to West
Africa.
− POAE chief has stated all ship masters should institute a medical
officer, who will inspect suspected illness and will report to and
coordinate with appropriate international marine medical providers
if symptoms are found
• Other countries are looking at similar measures for their crew,
but not confirmed.
Crew
• Ill crew
− Unable to successfully evacuate from affected areas if the patient
may be an Ebola risk?
− Unable to successfully evacuate from affected areas even if the
patient may not be an Ebola risk?
CREW
• Crewman wearing protective
equipment.
• Preparing for visitors, alcohol
gel and thermometer
STOWAWAYS
• Guinea
− Disembarkation of non-Guinean stowaways has been suspended
until further notice and the authorities are doing everything in their
power to ensure that no stowaways embark in Guinea’s ports.
• South Africa
− Recently a vessel called in South Africa with stowaways from
West Africa which lead to the vessel not being allowed to berth
due to uncertainties over the identity, nationality and health of the
stowaways.
• Should members have experienced any stowaway situation or
other ISPS incident while in a country affected by Ebola, then
this should to be advised to the USCG.
CASE EXAMPLES
• The vessel cannot enter a port due to an infected/
suspected crew on-board, or due to potentially infected
stowaways on-board
− Immediate Radio Medical advice should be obtained.
− Person must be isolated from others on board the ship and offloaded into hospital at the next port or sooner, if helicopter
evacuation is available. Difficulty to obtain assistance for ill crew.
− Suspected case(s) should ONLY be attended to by other crew
members who are fully protected.
− Depending on charter party clauses, the vessel may potentially be
off-hire and owners responsible for any delay / losses.
− Nevertheless, owners may try and argue that there is a
causational link between a last port of call under charterers order
and the denied entry to a port.
CASE EXAMPLE
• The vessel refuses to enter a port because either the crew
or the owners fear that following charterers’ order would
result in an imminent risk of contraction of the virus
− Question of (medical/ expert) facts rather than law.
− If the port can indeed be considered safe, owners will be in breach
of charterers' valid order and consequently the vessel will be offhire and liable for damages that charterers may have for this
delay.
− It may also lead to a possible repudiatory breach by owners and
liabilities under bills of lading.
SUMMARY
• Close daily attention needs to be paid and both operations
and chartering teams should liaise closely.
• Carefully consider and plan any call to a country that has or is
experiencing an outbreak before concluding any charter
fixture.
• Always seek the most up-to-date information from any
particular country that you need to consider
• Physical safety of the vessel and crew
• Chartering
• Trading patterns
Thank you
for your attention!
Simone Ingeberg
Vice President, Lawyer
Head of FDD Skuld Oslo 1
Tel dir +47 22 00 22 85
Mobile +47 952 92 285