No.792-28/12/15
To the Members
Dear Sirs,

Spain - Stowaways Found Onboard Vessels Bound For Spanish Ports
The Association has received the attached circular from our Spanish correspondents
MEDPANDI providing a brief overview of the issues surrounding stowaways foundonboard vessels destined for Spanish ports, as well as advising on the treatment ofstowaways in accordance with the guidelines set out by the Spanish authorities.
We hope it will be of your help.

Yours faithfully,
The Japan Ship Owners' Mutual Protection & Indemnity AssociationClaims Department
Tel:+81 3 3662 7219Fax:+81 3 3662 7107
E-mail:claims-dpt@piclub.or.jp
Website: https://www.piclub.or.jp
Attachment: Information provided by MEDPANDI

MEDPAND I
MED IT ERRAN EAN P&I Corresp on dents
STOWAWAYS FOUND ONBOARD VESSELS BOUND FOR SPANISH PORTS
Valencia, December 2015
This circular aims to provide an overview of the issues surrounding stowaways found onboard
vessels destined for Spanish ports. It will attempt to advise upon the treatment of stowaways inaccordance with the guidelines set out by the Spanish authorities, in addition to MedPandi’sown experience in the handling of stowaways in Spanish ports.

PROCEDURES FOR VESSEL’S CARRYING STOWAWAYS BOUND FOR SPANISH PORTS
If a stowaway is found onboard a vessel destined for a Spanish port, the following steps should
be taken:1) The Master should notify the Spanish authorities of the presence of a stowaway
onboard prior to the vessel’s arrival at a Spanish port. This document should be signedby the Master and include the following information:- Personal details of the stowaway (name, nationality, identification documents, etc.)- Port of embarkation (detailing the date, time and location when the stowaway wasdiscovered)- Details of the previous ports that the vessel has stayed (detailing the dates andtimes of arrival/departure)2) Upon the vessel’s arrival at a Spanish port, the Immigration Police will attend the vesselin order to interview and confirm the identity the stowaway, and assess the situation
regarding the conditions in which the stowaway is being kept, security, etc. In ourexperience, the Immigration Police normally recommend that private security is put inplace in order to ensure that the stowaway does not escape. This is NOT mandatory
and if the vessel’s Master decides that the crew can provide the appropriate security,
this will be acceptable to the Spanish authorities, albeit at the Master’s own risk.
3) It is important that the stowaway is kept in suitable conditions and is provided with thenecessary food and water. If the authorities deem that the stowaway is being kept ininhumane and degrading conditions, the stowaway will be disembarked immediately inaccordance with the European Convention on Human Rights. In such an event, it islikely that the Spanish authorities would take subsequent action against the vessel andher Master, in the absence of exceptional circumstances which would justify suchconditions.
4) In the case of the stowaway being a minor (under 18 years of age), they will also
automatically be disembarked immediately upon the vessel’s arrival into a Spanish port.
However, in our experience, stowaways will often give incorrect information whenquestioned regarding their age, nationality, etc.
5) Medical attention will be provided to the stowaway onboard should if it be necessary,
unless the situation is more serious and requires the stowaway to be transferred to ahospital.
MEDP ANDI B ARCEL ON A

MEDP ANDI V ALEN CI A

c/ Consell de Cent, 329 – 2ª – 1ª08007 Barcelona (Spain)
Tel.: +34 937061233
Fax: +34 961118478
email: medpandi@medpandi.com

c/ Salvador Gassull, 01-04,
46011 Valencia (Spain)
Tel.: +34 964286569
Fax: +34 961118478
email: medpandi@medpandi.com

www.medpandi.com

www.medpandi.com

COVERI NG AL L O F T HE SPANI S H PORT S

MEDPAND I
MED IT ERRAN EAN P&I Corresp on dents
6) Unless the stowaway needs to be disembarked for humanitarian or medical reasons,they will remain onboard the vessel under the responsibility of the Master. Before thevessel is allowed to sail from a Spanish port with a stowaway still onboard, the Masterwill need to issue and sign a declaration to the Spanish authorities, acknowledging thatthe stowaway will remain onboard under the responsibility of the Master.
7) All of the costs derived from the presence of the stowaways, whether onboard thevessel or caused by any potential disembarkation of the stowaway (food, drink,accommodation, interpreters, security, repatriation costs, etc.) will need to be settled by
the vessel’s agent in the first instance, as the representative of the owner of the vesselin Spain before the Spanish authorities.

DISEMBARKATION OF STOWAWAYS AT SPANISH PORTS
It is possible for stowaways to be disembarked at Spanish ports, and from our experience theSpanish authorities are generally quite receptive and sympathetic to such a solution, provided
that certain criteria are met and guidelines followed:1)

Any request to disembark the stowaway at a Spanish port should be made by the ship’sagent. In some circumstances the owners may decide to appoint a ‘protecting agent’ incases where under the Charter Party the vessel is assigned to another agent.

2)

In order for the stowaway to be disembarked, they will need to possess the necessary
identification documents. This could be a passport or alternatively a travel document
issued by the stowaway’s country of origin, such as a laissez-passer. In the case of thelatter, this will preferably be issued in Spain by the embassy of the stowaway’s countryof origin. Spanish authorities require that the stowaway is accompanied by escorts until
they are returned to they are returned to their home country.

3)

Logistical issues will also be taken into consideration. For example, if the vessel is on aregular line and will soon be returning to the port of embarkation, it is unlikely that theSpanish authorities will permit the disembarkation of the stowaway in Spain. Indeed, in
this situation, it would also be in the vessel’s interests and the most cost-effective option
for the stowaway to remain onboard the vessel until she returns to the port ofembarkation.

4)

Another option for the disembarkation of the stowaway would be for them to claim
political asylum, however, there would obviously need to be reasonable grounds for thisapplication to be considered. In the event that political asylum is claimed by thestowaway, a formal application will need to be submitted which will in turn beconsidered by the Spanish authorities.

We hope that you find the above to be of practical use and interest. Please do not hesitate tocontact us should you have any queries.

MEDP ANDI B ARCEL ON A

MEDP ANDI V ALEN CI A

c/ Consell de Cent, 329 – 2ª – 1ª08007 Barcelona (Spain)
Tel.: +34 937061233
Fax: +34 961118478
email: medpandi@medpandi.com

c/ Salvador Gassull, 01-04,
46011 Valencia (Spain)
Tel.: +34 964286569
Fax: +34 961118478
email: medpandi@medpandi.com

www.medpandi.com

www.medpandi.com

COVERI NG AL L O F T HE SPANI S H PORT S