India issues a notice on combatting fraudulent practices in seafarer recruitment and placement

The Directorate General of Shipping, India has published MS Notice No. 11 of 2024 regarding action against RPS agencies and seafarers for utilizing deceitful practices.

This notice was published on 3 June 2024.

Context and Legal Framework: It begins by setting the context, stating that Indian seafarers are typically recruited directly by ship-owners or through Indian registered Recruitment and Placement of Seafarers (RPS) agencies. It emphasizes the influence of the Maritime Labour Convention (MLC) 2006 on international recruitment and placement processes.

Regulatory Compliance: The notice underscores the importance of adherence to international standards outlined in the MLC 2006 and its associated guidelines. It mentions specific regulations concerning payment of wages, repatriation, and financial security for seafarers.

Reports of Incidents: The notice highlights incidents of Indian seafarers being abandoned or stranded at foreign ports, often without wages and lacking essential provisions. Many of these incidents involve vessels with regulatory lapses and non-compliance with MLC 2006 provisions.

Fraudulent Activities by RPS Agencies: Instances of fraudulent activities by some RPS agencies are acknowledged. These include deceptive methods to lure seafarers, submission of fake documents (such as Protection & Indemnity certificates and employment agreements), and misrepresentation of ship assignments.

Zero-Tolerance Policy: In response to these fraudulent practices, a zero-tolerance policy is announced. RPS agencies found engaging in such activities will face severe consequences, including immediate blockage of online privileges, audits, license suspension, and potential legal actions.

Actions against Offenders: The notice outlines a series of actions that will be taken against offending RPS agencies and their directors, including thorough investigations, license suspension, and potential debarment from maritime-related activities.

Seafarers' Responsibilities: Seafarers are reminded of their responsibility to report fraudulent activities promptly. Failure to report such incidents or engaging in fraudulent means to obtain sea service may result in severe penalties, including cancellation or suspension of their Continuous Discharge Certificate (CDC).

For more information, please see the documents below (available only to subscribers):

Action Against Recruitment & Placement Services (RPS) Agencies and Seafarers for Utilizing Deceitful Practices