BRITANNIA LOSS PREVENTION JULY 2024 OFTEN, WHEN A SHIP CALLS AT A PORT OR BERTH, IT IS CONVENTIONALLY EXPECTED THAT THE SHIP SHOULD ARRIVE, DOCK FOR CARGO OPERATIONS, AND DEPART SAFELY WITH MINIMUM DISRUPTION. PRECAUTIONS FOR NAABSA Typically, charter party agreements implicitly adhere to the standard requirements of ‘one safe port/always afloat’. However, it is not uncommon for ships to need to rest safely aground in a NAABSA port. NOTALWAYSAFLOATBUTSAFELYAGROUND Charterers may direct ships to call at specific ports that, while not explicitly named, fall under a broad authorisation covering designated regions or continents, such as ports on the east coast of South America or the east coast of Africa. This blanket authorisation often includes ports that may operate under the NAABSA protocol. Occasionally, the master may overlook whether the port they are calling at is a NAABSA port. 2 | BRITANNIA LOSS PREVENTION | GUIDANCE NAABSA IN CHARTERPARTY USUALLY, NAABSA REFERS TO PORTS OR BERTHS WHERE IT IS CUSTOMARY AND AN ACCEPTED PRACTICE FOR SHIPS TO GROUND OR REST ON THE SEABED, PARTICULARLY IN AREAS WHERE THE TIDAL VARIATIONS ARE SIGNIFICANT. This allows ships to optimise cargo operations and minimise downtime, which would be the case if they were required to always remain afloat. Consequently, NAABSA clauses are usually incorporated to prevent charterers from breaching the ‘always afloat’ requirements found in most charter parties (C/P). Shipowners or managers will also seek to include a NAABSA clause in their C/P wordings to protect their interest. For instance, they will sometimes adopt the Baltic and International Maritime Council’s (BIMCO) NAABSA C/P wording. BIMCO NAABSA CHARTER PARTY WORDING Note: This wording to be added to the existing berthing provisions in charter parties Always subject to the Owners’ approval, which is not to be unreasonably withheld, the Vessel during loading and/ or discharging may lie safely aground at any safe berth or safe place where it is customary for vessels of similar size, construction and type to lie, if so requested by the Charterers, provided always that the Charterers have confirmed in writing that vessels using the berth or place will lie on a soft bed and can do so without suffering damage. The Charterers shall indemnify the Owners for any loss, damage, costs, expenses or loss of time, including any underwater inspection required by class, caused as a consequence of the Vessel lying aground at the Charterers’ request. The clause provides a way to address and limit the risks associated with the operation. The NAABSA clause is a pre-agreed term between the shipowner and charterer, subject to the owner’s approval, to allow the ship to ground at designated berth locations. However, there is no legal definition of “customary”. To address the shipowner’s concern regarding the seabed conditions at the designated port, the charterers are now required to provide written confirmation that the ships using that specific berth or location will rest on a soft bed and can safely lie aground. If the owner accepts the clause, the charterers must protect the owners for all losses that may result from lying aground. Additionally, the charterers are responsible for the costs and time required for an underwater survey to check for damages, as mandated by the ship’s classification society. KEY CONSIDERATIONS SHIPOWNERS OR SHIP MANAGERS SHOULD PROVIDE CLEAR GUIDANCE ON NAABSA PROCEDURES IN THEIR SAFETY MANAGEMENT SYS