On October 22, 1999, 16 states bordering the Atlantic coast of West Africa signed a memorandum of understanding. This agreement addresses the requirements of the UN Convention on International Maritime Transport. The Abuja Memorandum, or Abuja MoU, has become one of the most significant documents adopted in this area of ​​maritime law.

    What is a memorandum of understanding?

A memorandum of understanding (MoU) is an agreement between two or more parties that has no legal force but serves to fulfill obligations beneficial to all parties. In this case, the MoU stipulates the obligation of the signatory countries to monitor the condition of vessels sailing under other countries for compliance with international safety requirements.

Under international maritime law, this responsibility is assigned to the flag state of the vessel. However, many ships never visit the ports of these countries. Therefore, countries party to this treaty have volunteered to ensure the safety of cargo and passenger transportation by other countries' ships.

    The Need for Adopting Memoranda of Understanding

Most countries with shipping ports have acceded to the conventions of the International Maritime Organization (IMO), which aim to reduce the number of maritime accidents and protect the environment. However, meeting the requirements for maintaining the technical condition of all ships flying the flag of a particular state has proven impossible. Furthermore, in the event of an emergency in the territorial waters of another country, damage is inflicted on that country.

Therefore, the states whose ports they call have assumed responsibility for monitoring the condition of foreign ships. This measure was prompted by the following reasons:

The increasing frequency of major accidents in coastal waters;

The general aging of the world's fleet;

The reduction in crew sizes and their multinational composition;

The increasing sophistication of technical and navigational aids;

The infrequent visits of ships to their home ports.

The likelihood of an emergency is also affected by the condition of the vessel's hull, engines, and other machinery, as well as improper storage and use of fire-fighting equipment, life-saving appliances, radio equipment, and other shipboard equipment.

    History of International Memoranda

The IMO's activities within the framework of international maritime law were aimed at identifying ships that did not comply with current technical standards. To this end, the organization sought to involve as many states as possible in this effort. Over the past 40 years, several agreements have been adopted, effective in various parts of the world. One of these was the West and Central African Memorandum of Understanding.

The first document in this series was the Paris Memorandum, adopted in 1982. It regulated port state inspections in countries in the European basin. In 1987, the Canadian and US Coast Guards joined the memorandum, and in 1992, Japan and Croatia joined the organization. Canada only became a full member in 1994, along with Poland. The Russian Federation acceded to the memorandum in 1996.

Subsequently, eight more similar international agreements were adopted:

1992 – in Latin America;

1993 – the Pacific Ocean states adopted the Tokyo Memorandum;

1995 – the Caribbean MoU, adopted by Caribbean countries, as well as the Mediterranean and Indian MoUs;

1998 – the Abuja MoU;

2000 – the Black Sea MoU.

    The founding documents of all the memoranda adopted since then do not contradict the decisions of the Paris MoU.

Currently, all these international organizations work together. Data on inspections of cargo and passenger ships is collected in a single database, accessible to representatives of all participating countries.

This database also contains information on vessels that have been detained for non-compliance with international environmental safety requirements and technical deviations. The list of vessels receiving citations is updated monthly. This list includes the flag state, name of the owner, and other information.

    Activities of States Participating in the Abuja MoU

Sixteen states located on the Atlantic Ocean have become parties to the West and Central African Memorandum of Understanding. These states include South Africa, Senegal, Cameroon, Ghana, and Angola. These states implement port state control (PSC) for the Abuja MoU as part of the evolving global international system for port state control of vessels.

The Abuja MoU website provides a complete list of the memorandum's signatories, as well as observer states, and provides the latest news on their activities, meetings, seminars, and decisions made. Various sections of the website provide information on port inspection regulations, the organization's leadership, and various documents related to its work.