The guide to Superyacht law - Fourth edition

MIGRANTS Superyacht owners and operators need to be aware and prepare for migrants at sea. Obligations to rescue refugees and immigrants at sea The captain of a superyacht has a legal obligation to give assistance to those in distress at sea irrespective of the nationality or status of those in need, or the circumstances they are found in. The obligation goes further to say that you must, with speed attempt to rescue the distressed person/s providing you can do so without serious damage to the superyacht, the crew or any passengers or absent of “special circumstances”. The level of assistance will initially depend on the situation. If there is nobody in the water, then it may be reasonable to wait alongside until the coastguard arrives and provide food and water. However, if someone is in the water or the vessel is at risk of sinking, life rafts or launching tenders must be deployed and access to your superyacht needs to be allowed. Contracting states are obliged to provide assistance to captains and release them from their obligations with minimum further deviation from their journey. A captain cannot allow its superyacht to be used as floating accommodation and must disembark migrants at a place of safety. How this would work in practice When assistance is requested to the rescue of people in distress at sea, the captain of the superyacht should: • Identify the superyacht’s equipment and life-saving appliances that may be appropriate for the rescue operation • Determine if any special arrangements, additional equipment or assistance may be required for the rescue operation • Implement any plans and procedures to safeguard the safety and security of the crew and the superyacht • Inform the superyacht’s owner/operator and agent at the next intended port of call of the rescue operation

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