Merchant Shipping (Repatriation) Regulations 2013
FA E R
N

AT F
TQUO U

BERMUDA

MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

BR 108 / 2013

TABLE OF CONTENTS

Citation
Interpretation
Application
Financial security
Entitlement to repatriation
Scope of repatriation
Seafarer’s liability for costs of repatriation
Failure of shipowner to provide repatriation
Provision of information
Inspection
Revocations
Commencement

The Minister responsible for Maritime Administration, in exercise of the power
conferred by sections 3 and 40 of Merchant Shipping Act 2002, makes the following
Regulations:

Citation
These Regulations may be cited as the Merchant Shipping (Repatriation)

Regulations 2013.

Interpretation
In these Regulations—

“Collective Bargaining Agreement” means a written agreement, valid for not more
than 5 years, between a shipowner and an independent trade union which is
recognised in its country of domicile;

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2
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5
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10
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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

“commercial activity” means any activity or employment of the vessel for which a
contract or charter party is in force and includes the carriage of any cargo or
persons for reward;

“independent”, in relation to a trade union, means not under the influence or
control of an employer, group of employers, or one or more employers’
associations, and not subject to interference or control, by way of financial or
material support, or by any other means, from an employer or any such group
or association;

“Loadline Convention” means the International Convention on Load Lines 1966 as
amended;

“Maritime Labour Certificate” means the certificate issued in accordance with
Article V of the Maritime Labour Convention;

“Maritime Labour Convention” means the Maritime Labour Convention 2006
adopted at a general conference of the International Labour Organization in
Geneva on 7 February 2006;

“Minister” means the Minister responsible for Maritime Administration;

“pleasure vessel” means—

A vessel which, at the time of its use, is—

in the case of:

a vessel wholly owned by an individual or individuals, used only
for the sport or pleasure of the owner or immediate family or
friends of the owner; or

a vessel owned by a body corporate, used only for sport or pleasure
and on which the passengers are employees or officers of the body
corporate, or their immediate family or friends; and

on a voyage or excursion from which the owner does not receive money
for, or in connection with, operating the vessel, or carrying any person,
other than as a contribution to the direct expenses of the operation of
the vessel incurred during that voyage or excursion, and no other
payments are made by or on behalf of users of the vessel other than by
the owner; or

A vessel which, at the time of its use, is any vessel wholly owned by or on
behalf of a member’s club formed for the purpose of sport or pleasure,
which is used only for the sport or pleasure of members of that club or their
immediate family; and

for the use of which, any charges levied are paid into club funds and
applied for the general use of the club; and

no other payments are made by or on behalf of users of the vessel other
than by the owner;

(1)

(a)

(i)

(ii)

(b)

(2)

(a)

(b)

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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

For the purposes of this definition—

“immediate family” means in relation to an individual, the husband or
wife of the individual and a relative of the individual or the individual’s
husband or wife; and

“relative” means brother, sister, ancestor or lineal descendant;

“Port State Authority” means the authority in any country assigned the
responsibility under Article V of the Maritime Labour Convention 2006 for the
inspections of ships of other flags in its territory;

“repatriation” means travel and support from the place where a seafarer leaves a
ship to his repatriation destination in accordance with Regulation 6;

“repatriation destination” means either:

the place where the seafarer entered into the employment agreement;

a place stipulated in an applicable Collective Bargaining Agreement;

the seafarer’s country of residence; or

a place as may be mutually agreed between the seafarer and the employer
at the time of entering into the employment agreement;

“seafarer” in these Regulations means any person, including a master, who is
employed or engaged or works in any capacity on board a ship, on the business
of the ship, and where there is doubt as to whether a person working or engaged
on a ship is a Seafarer, the Minister shall make a determination and in doing
so he shall be guided by the advice and guidance provided by the International
Labour Organisation.

“shipowner” means the owner of the ship or another organisation or person, such
as a manager, agent or bareboat charterer, who has assumed the responsibility
for the operation of the ship from the owner;

“SOLAS” means the International Convention for the Safety of Life at Sea 1974 and
its Protocol of 1988 and includes any subsequent amendments.

Application
These Regulations apply to—

Bermuda ships wherever they may be other than;—

fishing vessels;

vessels owned and operated by a Government Department or Agency
for non-commercial purposes;

pleasure vessels in which no seafarers are employed; and

harbour tugs operating in Bermuda waters.

(3)

(i)

(ii)

(a)

(b)

(c)

(d)

3 (1)

(a)

(i)

(ii)

(iii)

(iv)

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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

To the extent specified in regulation 10, other ships that are not Bermuda
ships when in a port in Bermuda other than—

fishing vessels;

pleasure vessels; and

warships, naval auxiliaries and other ships owned or operated by a
state and not engaged on commercial activity.

Financial security
Every shipowner with responsibility for a Bermuda ship shall make

arrangements for financial security to cover the possible costs of repatriation of any of the
seafarers in its employ, and that financial security may be a policy of insurance or other
arrangements, but in every case shall be effective to provide for repatriation of any or all of
the seafarers on the ship in accordance with these Regulations in the event that the
shipowner is insolvent or otherwise unable to meet his obligations for repatriation.

Every ship to which these Regulations apply shall carry on board evidence of
the financial security required by paragraph (1), which may be a copy of the policy of
insurance or other certification, by which it may be established with certainty that a
seafarer employed on that ship will be repatriated, in accordance with these Regulations,
and that the security shall be effective even if the shipowner ceases to trade or becomes
insolvent.

Any authorised officer of the Maritime Administration shall, on request, be
provided with the evidence of financial security provided on board any Bermuda ship.

Where it is considered appropriate the Minister may exempt a pleasure vessel
from the requirements of this regulation on such terms and conditions as he sees fit.

Entitlement to repatriation
A seafarer shall be entitled to repatriation whenever his seafarer’s employment

agreement ends in a place outside his repatriation destination.

A seafarer shall additionally be entitled to repatriation on any occasion
when—

a seafarer gives notice in accordance with the seafarer’s employment
agreement when the ship has ceased to hold valid safety certificates as
required by SOLAS or the Loadline Convention, or is arrested and remains
so for a period of 30 days;

a seafarer’s employment agreement is terminated on the loss or sale of the
ship, or its change in registration;

a shipowner is no longer able to fulfil his legal or contractual obligations
to the seafarer as a consequence of insolvency, sale of the ship, change in
registry or similar cause; or

a seafarer is unable, as a result of illness or injury arising from his work
on board the ship, to continue to perform his duties on board.

(b)

(i)

(ii)

(iii)

4 (1)

(2)

(3)

(4)

5 (1)

(2)

(a)

(b)

(c)

(d)

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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

The right to repatriation in paragraph (1) shall lapse in the event that a seafarer
does not claim that right within 3 months of termination of the employment agreement.

Scope of repatriation
The costs of repatriation to which the shipowner shall be liable under these

Regulations include—

passage by air from the place where the employment agreement is
terminated to the seafarer’s repatriation destination, but where passage by
air cannot be provided from that place where the agreement is terminated,
or where other means of transport are available that will return the seafarer
to his repatriation destination expeditiously the passage may be by other
means to the nearest airport from where the seafarer can be repatriated by
air or to the repatriation destination;

accommodation and food from the time a seafarer leaves the ship until the
seafarer arrives at the repatriation destination, provided that the
shipowner shall only be liable for the costs of food and accommodation to
the extent necessary between the time the seafarer leaves the ship and the
time he starts travelling by such means as arranged by the shipowner and
the shipowner shall not be liable for any accommodation and food in excess
of that time, or for food and accommodation that is not necessary for the
purposes of repatriation;

pay and allowances in accordance with the employment agreement or any
Collective Bargaining Agreement that applies from the time that the
seafarer leaves the ship until his arrival at the repatriation destination,
provided that—

time spent by the seafarer in excess of the minimum time arranged by
the shipowner between leaving the ship and arrival at the repatriation
destination shall not be payable; and

time spent waiting for repatriation shall not be deducted from paid leave
periods earned in accordance with the seafarer’s employment
agreement.;

transport of up to 30 kg of personal baggage from the ship to the
repatriation destination; and

in the case of a seafarer whose employment agreement is terminated
through injury or illness, medical treatment when necessary until the
seafarer is medically fit to travel.

Seafarer’s liability for costs of repatriation
A shipowner shall not require any seafarer to make a contribution towards the

cost of repatriation at any time before, during or following the seafarer’s employment on the
ship.

(3)

6 (1)

(a)

(b)

(c)

(i)

(ii)

(d)

(e)

7 (1)

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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

Notwithstanding the prohibition in sub-paragraph (1) contributions towards
repatriation that are agreed and fully explained in any Collective Bargaining Agreement that
applies shall be permitted but contributions requested at the commencement of
employment, even if agreed in a Collective Bargaining Agreement, are not permitted.

Except as provided in paragraph (2) a shipowner shall not recover the cost of
repatriation from a seafarer’s wages or any other entitlements before, during or following
their employment on the ship.

Where a seafarer is justifiably dismissed from employment on a ship on
grounds of serious misconduct, as defined in the Merchant Shipping (Seafarer’s
Employment) Regulations 2013, the shipowner may deduct from any wages due to the
seafarer the costs of repatriation.

Failure of shipowner to provide repatriation
Where a shipowner fails to make arrangements for repatriation as required by

these Regulations and any seafarer employed in a Bermuda ship who is entitled to
repatriation is left in a port outside the seafarer’s repatriation destination, the Minister shall
arrange for the seafarer to be repatriated and shall have the right to recover the costs of
such repatriation from the shipowner including such other costs of arrangement as the
Minister may determine.

In exercising his right to recover costs from a shipowner in accordance with
paragraph (1), the Minister may request the arrest of any or all of the ships of the shipowner
until reimbursement has been made.

Provision of information
The shipowner responsible for every ship to which these Regulations apply shall

ensure that information on the entitlement to repatriation in these regulations is available
to every seafarer on board the ship.

Inspection
Any person duly authorised by the Minister may inspect any ship to which

these Regulations apply when in a port in Bermuda, and if he is satisfied that the
arrangement for repatriation is not in accordance with the requirements stated in the
Declaration Part 1 to the ship’s Maritime Labour Certificate, or in the case of a ship to which
a Maritime Labour Certificate is not issued, the requirements in Regulation 2.3 of the
Maritime Labour Convention, he may detain the ship, but shall not in the exercise of these
powers detain or delay the ship unreasonably.

Any authorised officer of the Maritime Administration who discovers that a
Bermuda ship does not comply with these Regulations may—

withdraw the vessel’s Maritime Labour Certificate until such time as the
deficiency is rectified; or

if the vessel is in a port outside Bermuda, report the deficiency to the Port
State Authority in that port.

(2)

(3)

(4)

8 (1)

(2)

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10 (1)

(2)

(a)

(b)

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MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013

Revocations
The Merchant Shipping (Repatriation) Regulations 1980 are revoked.

Commencement
These Regulations shall come into operation on the same date on which the

Merchant Shipping (ILO) Amendment Act 2012 comes into operation.

Made this 12th day of December 2013



Minister of Tourism Development and Transport

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