ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2012 No. 1452

About storage, content, providing the safe parking and return of detainees or arrested of courts, compensation to owners of infrastructure facilities of ports of the expenses connected with storage of the vessel and life support of its crew

1. Approve the enclosed Storage precautions, contents, providing the safe parking and return of detainees or arrested of courts, compensations to owners of infrastructure facilities of ports of the expenses connected with storage of the vessel and life support of its crew.

2. To the Ministry of Transport of the Russian Federation in 3-month time in coordination with Federal Security Service of the Russian Federation and the Federal Customs Service to determine:

regions of anchoring berth for detainees or arrested of courts in seaports of the Russian Federation;

requirements imposed to rendering by the organizations services in providing the safe parking of detainees or arrested of courts in seaports of the Russian Federation.

Approved by the order of the Government of the Russian Federation of December 28, 2012 No. 1452

Storage precautions, contents, providing the safe parking and return of detainees or arrested of courts, compensations to owners of infrastructure facilities of ports of the expenses connected with storage of the vessel and life support of its crew

1. These rules establish procedure for storage, content, providing the safe parking and return of detainees or arrested of courts, compensations to owners of infrastructure facilities of ports of the expenses connected with storage of the vessel and life support of its crew.

2. Storage of the detainee or arrested of the vessel consists in placement it in the specially allotted place, ensuring safety of this vessel, prevention of unauthorized access to it and non-admissions of unauthorized actions with it.

3. Content of the detainee or arrested of the vessel includes supply with its electric power, fuel, water in the quantity necessary for life support of crew and the safe parking of the vessel.

4. Providing the safe parking of detainees or arrested of courts includes actions for ensuring survivability of the vessel, that is its capability to resist to emergency damages, including actions for recovery and maintenance of the vessel in the condition suitable for its use.

5. The service employee of boundary or customs authority (further - the authorized officer) after decision making about vessel delivery in seaport of the Russian Federation (further - port) without delay informs on it the harbor captain in which the vessel will be delivered.

6. The vessels brought to port are located to the allocated regions of anchoring berth for detainees or arrested of courts (further - regions of anchoring berth) which are determined by the Ministry of Transport of the Russian Federation in coordination with Federal Security Service of the Russian Federation and the Federal Customs Service.

7. Location of the region of anchoring berth shall provide possibility to control detainees or the arrested courts.

8. The authorized officer without delay informs the Ministry of Foreign Affairs of the Russian Federation on detention of the foreign vessel.

9. The authorized officer after decision making about detention of a ship declares to the shipowner and (or) the ship master restriction of right to use and the order with the vessel and the property which is on it about what entry in the relevant protocol is made.

10. Use of detainees or the arrested courts, is allowed by the property which is on them for accomplishment of the actions concerning life support of crew, observance of requirements in the field of protection of human life of the sea and protection of the marine environment against pollution, and also safety requirements of navigation (including actions for providing the safe parking and content of the vessel).

11. The detained vessels are in regions of anchoring berth, and in cases, stipulated in Item 16 these rules, are located to the port mooring.

12. The arrested vessels are in regions of anchoring berth or at the port mooring.

13. The detained or arrested vessel is transferred in cases of absence of the shipowner and ship master for storage, content and providing the safe parking of the organization which renders the specified services according to constituent documents and with which the boundary or customs authority signs the agreement of storage (further - the keeper).

In case of availability on the detainee or the arrested vessel of crew ensuring its life activity is performed within the actions for content of the vessel.

Before transfer of the detained vessel to the keeper storage of the specified vessel is provided with the authorized officer which made the decision on detention of a ship.

Requirements imposed to rendering services in providing the safe parking of detainees or arrested of courts in ports are determined by the Ministry of Transport of the Russian Federation in coordination with Federal Security Service of the Russian Federation and the Federal Customs Service.

The arrested vessel returns to the shipowner or the ship master after payment of the expenses provided by the agreement of storage by them.

14. The keeper is determined on competitive basis in accordance with the legislation of the Russian Federation.

15. The documents confirming transfer (placement) of the detainee or arrested of the vessel on storage join case papers about administrative offense.

16. The detained vessel is located to the port mooring in the following cases:

a) technical condition of the detained vessel and (or) number of the crew members having proper qualification does not provide the safe parking of the specified vessel and protection of the marine environment around anchoring berth;

b) the legal proceedings and cargo operations performed concerning the detained vessel require finding of the specified vessel from the port mooring.

17. The mooring of port shall correspond to the conditions providing the safe parking of detainees or arrested of courts including in heavy weather, possibility of carrying out cargo operations and taking measures to protection of the specified courts.

18. Compensation to owners of infrastructure facilities of ports of the expenses connected with storage of the detainee or arrested of the vessel, life support of its crew is performed by the keeper or the other person providing storage of the detainee or arrested of the vessel.

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