What is a Notice of Protest (NOP) on board a vessel?
A Notice of Protest is a sworn statement by the master. It covers circumstances beyond the master’s control that could cause or have caused loss or damage to the vessel or cargo, or that could compel the master to leave a dangerous port, thereby exposing the shipowner to legal liability.
A Notice of Protest is a notarized statement obtained after a vessel enters port after a difficult sea voyage. Its purpose is to protect the charterer or shipowner from liability for damage to cargo, the vessel, or other vessels in the event of a collision caused by marine risks (such as bad weather).
The meaning of a Notice of Protest is as follows:
- A Notice of Protest must be submitted promptly to a notary public (a public official appointed by law), a magistrate (a civil official enforcing the law), a consul (a diplomat), or any other authority within 24 hours of arrival at port.
- After submitting a Notice of Protest, the master has the right to extend it to cover unforeseen circumstances related to the Notice of Protest.
- If the protest notice is filed in relation to cargo, it must be filed before discharge. This is done to avoid any legal liability for cargo damage.
- If directed by the shipowner, the protest notice may be sent to all relevant parties, with copies retained by the shipowner and placed on board.
- A No Objection (NoP) must be observed and applied to each discharge port, not just the first port of arrival, as cargoes traded by sea may involve multiple ports, meaning the same cargo may be discharged at different ports.
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A No Objection (NoP) applies in the following circumstances:
- The vessel encountered heavy weather during the voyage, which may have damaged the cargo.
- The vessel has sustained damage, whether or not other damage has occurred.
- The cargo was not ventilated due to circumstances beyond the master’s control.
- The loaded cargo may have sustained damage during the voyage (in which case, the bill of lading must be approved after coordination with the Protection and Indemnity (P&I) Club and the shipper).
- The charterer or agent has committed a material breach of the terms of the charterparty. This may include, but is not limited to, unreasonable delay, refusal to load, or cargo not conforming to the terms of the charterparty.
- The consignee fails to discharge the cargo, collect, or pay the associated freight as stipulated in the charterparty and bill of lading.
- A general average (GA) event occurs (GA refers to the allocation of financial responsibility for losses resulting from unloading, spreading the costs among all parties).
- Charterparties authorize, but are not limited to, the refusal to pay demurrage (a penalty payable to the charterer for failure to load or discharge cargo within the agreed timeframe) and the directing of the vessel to a dangerous port.
Extension of Objection
Extension of objection is not exhaustive, but since the extent of damage cannot be assessed at the outset, legal liability may be incurred. For this reason, the Master reserves the right to extend the objection. Extensions may only be requested after the necessary review and verification of cargo data. Therefore, when registering an objection, it is important to state, “We reserve the right to extend the objection at any appropriate time and place.”
Procedure for Registering Objection
When registering an objection, the Master must do so in the presence of one or more crew members, who will be deemed witnesses to the Notice of No Objection. These witnesses must be aware of the circumstances leading to the Notice of No Objection and must convey the relevant facts to a notary public, judge, consul, or official, as directed.
All supporting documents, such as the ship’s official logbook, deck log, and engine room logbook, must be submitted as evidence of the No Objection Notice. Once the No Objection Notice is printed, it must be prepared based on the number of parties to whom it will be sent. You can view an example of a No Objection Notice here.
Understandably, the No Objection Notice is a crucial document that protects the master and shipowner from legal liability and ensures the economic viability of cargo transportation in the face of potential charges.
