For many ships the problem isn’t so much using the ports in question but visiting a second port after becoming contaminated by oil in the first port. The authorities in the second port may view the vessel as arriving as a polluted vessel with all that entails. The cost of cleaning the vessel and the subsequent time lost may not be insubstantial. The risk of detention or fines remains a constant threat.

A time charter is often negotiated on the basis that the vessel will proceed to un-named ports within a range. Some ports are worse than others. In many ports there are difficulties in ensuring that the port areas are clean and devoid of oil spillage or leakages from refineries within the port. Even in the best port, oil spills and crude leakages are not uncommon.

A vessel can often enter the port without appreciating how much contamination there is within the port limits. In entering and leaving a loading or discharging berth a ship can often pick up unwarranted pollution around its hull.

The effects of that contamination may not be discovered until the ship reaches a cleaner port where a standard inspection can result in difficulties for the ship owner from the local authorities. Often the vessel can be detained for pollution related breaches. This is not because the vessel itself has actually polluted waters but that it has brought the pollution into the port. Owners operating in the effected areas should ensure that they obtain an express indemnity from charterers to protect them against such losses/stoppages. For the charterer’s part, they should be aware that often owners may demand an express indemnity before trading to these areas. This is in addition to the usual indemnities. This is to ensure that the owners are entitled to claim the expenses of cleanage and any costs associated with detentions from charterers.

In many cases, charterer’s pollution insurance will not protect them from such risks. Charterers should ensure that either extra insurance is taken out or they factor certain costs into a visit to a polluted port.

The expense of dealing with a claim resulting from pollution (inadvertent or otherwise) can be unexpected and costly for both an owner’s and charterer’s position.