No. 16 of 2024 - SHIP-TO-SHIP (STS) OPERATIONS FOR SINGAPORE-REGISTERED SHIPS IN RELATION TO IMO ASSEMBLY RESOLUTION A.1192(33)

MARITIME AND PORT AUTHORITY OF SINGAPORE

SHIPPING CIRCULAR

NO. 16 of 2024

MPA Shipping Division

460 Alexandra Road

21st Storey mTower

Singapore 119963

Fax: 6375 6231

http://www.mpa.gov.sg

20 December 2024

Applicable to: Shipowners, ship managers, operators, and masters of Singapore-

registered ships

Ship-to-ship (STS) Operations for Singapore-registered ships in relation to IMO

Assembly Resolution A.1192(33)

This circular draws your attention to Resolution A.1192(33), adopted by the 33rd

session of the International Maritime Organization (IMO) Assembly on 6 December

2023, in Annex A.

1. Shipowners, ship managers, operators and masters of Singapore-registered

ships are thus reminded to adhere to safety and pollution prevention requirements in

IMO Conventions, especially regulations 19 and 19-1 of chapter V of the International

Convention for the Safety of Life at Sea (SOLAS), 1974, and chapter 8 of Annex I of

the International Convention for the Prevention of Pollution from Ships (MARPOL),

1973, and comply with safe shipping standards.

1. Chapter 8 of Annex I of MARPOL 1973 requires any oil tanker involved in STS

operations to carry on board an approved STS operations Plan. Where the STS

operations are planned within the territorial sea, or the exclusive economic zone of a

MARPOL 1973 member State, the oil tanker is required to notify that member State in

advance of the planned STS operations.

1. Singapore-registered oil tankers planning to engage in mid-ocean STS

operations are requested to update the ship’s STS operations Plan to include a

notification to MPA Shipping Division via email at shipping@mpa.gov.sg with the

information in Annex B, prior to carrying out the mid-ocean STS operations.

1. Any queries relating to this circular should be emailed to shipping@mpa.gov.sg.
2. Do subscribe to our Telegram channel – t.me/MPASingapore to receive the

latest updates.

CHEAH AUN AUN

DIRECTOR OF MARINE

MARITIME AND PORT AUTHORITY OF SINGAPORE

Annex A

E

ASSEMBLY A 33/Res.1192

33rd session 11 December 2023

Agenda item 13 Original: ENGLISH

RESOLUTION A.1192(33)

Adopted on 6 December 2023

(Agenda item 13)

URGING MEMBER STATES AND ALL RELEVANT STAKEHOLDERS TO PROMOTE

ACTIONS TO PREVENT ILLEGAL OPERATIONS IN THE MARITIME SECTOR

BY THE "DARK FLEET" OR "SHADOW FLEET"

THE ASSEMBLY,

NOTING Article 1(a) of the Convention on the International Maritime Organization (the

Convention) regarding the purposes of the Organization to provide machinery for cooperation

among Governments in the field of governmental regulation and practices relating to technical

matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate

the general adoption of the highest practicable standards in matters concerning maritime

safety, the efficiency of navigation and the prevention and control of marine pollution from ships;

and to deal with administrative and legal matters related to the purposes set out in Article 1 of

the Convention,

RECALLING Article 15(j) of the Convention regarding the functions of the Assembly,

RECALLING ALSO its resolutions A.1162(32) on Encouragement of Member States and all

relevant stakeholders to promote actions for the prevention and suppression of fraudulent

registration and fraudulent registries and other fraudulent acts in the maritime sector and

A.1142(31) on Measures to prevent the fraudulent registration and fraudulent registries of ships;

and the creation of the "Registries of ships" function in the Contact Points Module of the Global

Integrated Shipping Information System (GISIS),

RECALLING FURTHER its resolution A.1117(30) on IMO Ship Identification Number Scheme,

and Circular Letter No.1886/Rev.7 supporting the implementation of the IMO Ship Identification

Number Scheme,

NOTING that the effective implementation of the conventions and instruments relating to

maritime safety and pollution prevention, including those dealing with the training and

certification of seafarers and procedures for the control of substandard ships, adopted with a

view to the eventual elimination of substandard conditions, contribute to the prevention and

suppression of maritime fraud,

I:\ASSEMBLY\33\A 33-RES.1192.docx

A 33/Res.1192

Page 2

NOTING ALSO the adoption, by the Maritime Safety Committee, at its seventy-eighth session,

of resolution MSC.160(78) on Adoption of the IMO unique company and registered owner

identification number scheme, to enhance maritime safety, security and environmental

protection and to facilitate the prevention of maritime fraud; and Circular Letter No.2554/Rev.3

supporting the implementation of resolution MSC.160(78),

RECALLING the Recommended procedure for the transfer of ships between flag States,

approved by the Maritime Safety Committee and the Marine Environment Protection

Committee through MSC/Circ.1140 and MEPC/Circ.424,

RECALLING ALSO the Recommended best practices to assist in combating fraudulent

registration and fraudulent registries of ships, approved by the Legal Committee through

LEG.1/Circ.10,

RECALLING FURTHER that the long-range identification and tracking (LRIT) system can be

used to identify ships up to 1,000 nautical miles from the coastal State,

NOTING WITH CONCERN information about those ships engaging in illegal operations for the

purposes of circumventing sanctions or engaging in other illegal activities and referred to for

the purposes of this resolution as the "dark fleet" or "shadow fleet",

NOTING WITH CONCERN ALSO information that these ships intentionally disable or

manipulate their shipborne automatic identification systems (AIS), in disregard of the guidance

for legitimate disablement of AIS contained in the Revised guidelines for the onboard

operational use of shipborne automatic identification systems (AIS), adopted by resolution

A.1106(29); and have substandard maintenance, unclear ownership, lack of insurance

coverage and disguise their cargoes' destination or origin,

NOTING that non-receipt of AIS transmissions by shore stations or AIS satellites may not be

determinative of illegal activity but may warrant further investigation,

NOTING WITH GRAVE CONCERN that the ships in the "dark fleet" or "shadow fleet" pose a

real and high risk of incidents, particularly when engaging in ship-to-ship (STS) transfers, as

they disguise the cargoes' destinations or origins, or otherwise avoid oversight or regulation by

flag or coastal States,

ACKNOWLEDGING that the fraudulent registration of ships, the existence of fraudulent

registries and related deceptive shipping practices are serious threats to the safety and security

of international shipping, including the safety, well-being and potential criminalization of the

crew, and the protection of the environment; and can facilitate illegal maritime trafficking and

the evasion of sanctions and other illegal activities,

RECOGNIZING the importance of obtaining, maintaining and exchanging information by all

stakeholders, through bilateral or multilateral mechanisms and in accordance with domestic

and international law, across the maritime sector to prevent and counter such issues,

RECOGNIZING ALSO that the ratification, accession and effective implementation of other

IMO conventions and other relevant international instruments can make a significant

contribution to the prevention and control of maritime fraud,

RECOGNIZING FURTHER that there are shipowners who are engaged in trade in a

responsible manner and in accordance with their obligations under international conventions

and regulations,

A 33/Res.1192

Page 3

BELIEVING that the development and continuous review of national legislation makes a very

significant contribution to countering fraudulent acts in the maritime sector,

DESIRING to promote actions by all relevant stakeholders for the prevention and suppression

of fraudulent acts which gravely endanger the integrity of international seaborne trade,

HAVING CONSIDERED the recommendations made by the Legal Committee, at its 110th

session, and the Marine Environment Protection Committee, at its eightieth session,

1 DECIDES that, for the purpose of this resolution, "dark fleet" or "shadow fleet" mean

ships that are engaged in illegal operations for the purposes of circumventing sanctions,

evading compliance with safety or environmental regulations, avoiding insurance costs or

engaging in other illegal activities, which may include:

.1 carrying out unsafe operations which do not adhere to international

regulations and well-established and strict industry standards and best

practices;

.2 intentionally avoiding flag State and port State control inspections;

.3 not maintaining adequate liability insurance or other financial security;

.4 intentionally avoiding commercial screenings or inspections;

.5 not operating under a transparent corporate governance policy that assures

the welfare and safety of those on board and the protection of the marine

environment; or

.6 intentionally taking measures to avoid ship detection such as switching off their

AIS or LRIT transmissions or concealing the ship's actual identity when there

is no legitimate safety or security concern sufficient to justify such action;

2 CALLS UPON flag States to ensure that ships flying their flag adhere to measures

which lawfully prohibit or regulate STS transfers, and that such ships further adhere to the spirit

of the safety and pollution prevention requirements in IMO conventions, especially regulations

19 and 19-1 of chapter V of the International Convention for the Safety of Life at Sea (SOLAS),

1974, and chapter 8 of Annex I of the International Convention for the Prevention of Pollution

from Ships (MARPOL), 1973, and comply with safe shipping standards to minimize the risk of

oil pollution;

3 URGES flag States to consider requiring ships flying their flag to update their STS

Operations Plan to include notifying their flag State when and where they are engaged in such

operations, especially when they are engaged in a mid-ocean STS transfer, including issuance of

a document acknowledging receipt of the notification, which should be kept on board in electronic

form;

4 ENCOURAGES port States to ensure the enforcement of the safety and liability

conventions on these ships, including applicable safety requirements in IMO conventions

relating to STS transfer operations, and that ships have on board valid State certificates of

insurance, in accordance with the IMO liability and compensation conventions;

5 RECOMMENDS that port States, when they become aware of any ships intentionally

taking measures to avoid detection, such as switching off their AIS or LRIT transmissions or

concealing their actual identity, should subject such ships to enhanced inspections as

A 33/Res.1192

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authorized through relevant port State control mechanisms, and notify the respective ship's

flag administration as appropriate, following an initial investigation to verify whether the ships

had stopped transmitting signals for legitimate reasons;

6 CALLS UPON coastal States to monitor STS operations in their territorial sea and

exclusive economic zone, notified in accordance with regulation 42 of Annex I of MARPOL,

including monitoring the provision of the notifications required pursuant to regulation 42 of

Annex I of MARPOL, and take appropriate actions in cases identified as not complying with

the maritime safety and prevention of marine pollution regulations;

7 ENCOURAGES coastal States to collaborate to improve monitoring of these practices

and operations;

8 URGES Governments, the Secretary-General, flag State authorities, port State

control authorities, ship owners and operators, non-governmental organizations, the private

sector including the marine insurance industry, ship brokers and other relevant maritime

stakeholders to develop and deliver workshops that focus on enhancing capabilities and due

diligence practices for the prevention, detection and reporting of the operation of dark fleets or

shadow fleets and illegal activities facilitated by such ships;

9 REQUESTS the Secretary-General to inform other United Nations agencies of the

issues discussed and the concerns and challenges raised, so that they may also take action

for matters under their remit;

10 REQUESTS relevant Committees to keep this matter under review and take such

further action as they may consider necessary in light of developments.

Annex B

Notification of ship-to-ship (STS) operations (oil transfer) in

mid-ocean for Singapore-registered ships

Singapore-registered ship information:

1 Ship name:

2 IMO number:

3 ISM manager:

4 Date and time (UTC) of the planned STS operations:

5 Planned duration of the STS operations:

6 Geographical Location (coordinates):

7 Type of STS operations (receive or discharge):

8 Oil type and quantity:

Other ship information:

1 Ship name:

2 IMO number:

3 Flag:

Name:

Designation:

Date: