The Minister of Transportation (“MoT”) enacted MoT Regulation Number 28 of 2022 concerning the Procedures for the Issuance of Port Clearance and Clearance for Vessel Activities at Port (“MoT Reg 28/2022”) on 23 September 2022 that revoked the MoT Regulation Number 82 of 2014 (“MoT Reg 82/2014”) and applies the new procedures regarding the issuance for Port Clearance (Surat Persetujuan Berlayar/”Port Clearance”) and Clearance for Vessel Activities (Surat Persetujuan Kegiatan Kapal/”Clearance for Vessel’s Activity”) for Indonesian-flagged vessels, foreign vessels, and non-fishing vessels at Indonesian ports.
The previous regulation (MoT Reg 82/2014) only requires that the vessel owner and vessel operator obtain a Port Clearance. Meanwhile, MoT Reg 28/2022 regulates that besides submitting the port clearance, the owner of the vessel, vessel operator, or the vessel master should submit the arrival of the notification to the Harbor Master no longer than 24 (twenty-four hours) before the vessel arrives at the port with the document’s attachments which consist of i) measurement letter ii) ship nationality certificate iii) ship safety certificate iv) load line certificate v) ship crew certificate vi) cargo documents; and vii) sailing approval letter from the port of origin.
In the matter of Port Clearance, previously the MoT Reg 82/2014 regulated that the application of the Port Clearance should be submitted with documents of i) a statement letter of the sails ii) proof of the vessel obligation fulfilments, and iii) the operational seaworthiness certificate issued by the fisheries supervisor (for fishing vessel). Meanwhile, MoT Reg 28/2022 regulates that the Port Clearance application should be submitted by the owner of the vessel or the vessel operator electronically through an internet-based electronic system or manually (if the electronic system isn’t available) to the Harbor Master with documents of:
a) master sailing declaration;
b) vessel manifest;
c) vessel crew list;
d) proof of the fulfillment of the vessel’s obligations under the checklist for the fulfillment of the vessel’s obligations; and
e) Vessel’s particulars and vessel’s report.
Pursuant to the application of the Port Clearance that has been submitted by the owner of the vessel or the vessel operator, MoT Reg 28/2022 regulates that the Harbor Master has the authority to reject or may not issue the Port Clearance with a reason because the application didn’t fulfill the administrative requirements, the existence of a written court order, and/or weather/sea conditions may endanger the vessel with taking into account the vessel’s type and size. Also, MoT Reg 28/2022 regulates that the Port Clearance that has been issued and the departure of the vessel may be canceled due to the vessel master rights if there’s a requirement regarding the ship’s seaworthiness has not been fulfilled or be revoked by The Harbor Master if there’s a written order from the court and should be documented in minutes of revocation.
a) war vessels;
b) non-commercial activities;
c) vessels used for the benefit of the state based on the letters of assignment that are addressed to the Harbor Master and issued by the head of the government agencies;
d) the vessel that sails to assist other vessels in emergency/SAR situations;
e) vessel that makes emergency stops at the ports; and
f) sea trial vessel and/or vessel that is conducting exercise activity.
In the matter of Clearance for a Vessel Activity at Port, MoT 28/2022 regulates every vessel that conducts activity at Port is obliged to obtain Clearance for the Vessel Activity that is only valid for one activity, the application could be submitted by the vessel’s owners, operators, or vessel master through an internet-based electronic system or manually (if the electronic system isn’t available) to the Harbor Master for activities of:
a) allow or prohibit people from boarding the vessel;
b) vessel maneuvering;
c) vessel repair;
d) sea trials;
e) transshipments;
f) towing activity;
g) tank cleaning activities;
h) loading and unloading dangerous goods/special goods/hazardous and toxic goods/waste (B3).
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Author:
Budhi Satya Makmur