Caribbean Memorandum of Understanding

Caribbean Memorandum of Understanding
Name	Caribbean Memorandum of Understanding
Abbreviation	CMOU
Formation	1996
Headquarters	Castries
Region served	Caribbean Sea
Membership	Regional maritime administrations
Leader title	Chair

Caribbean Memorandum of Understanding

The Caribbean Memorandum of Understanding is a regional maritime Port State Control agreement established to harmonize ship inspection standards among regional administrations including maritime authorities of Antigua and Barbuda, Bahamas, Barbados, Belize and Trinidad and Tobago. It coordinates actions with international bodies such as the International Maritime Organization, the International Labour Organization, the United Nations Convention on the Law of the Sea and the International Association of Classification Societies to reduce substandard shipping in waters adjacent to Cuba, Jamaica, Dominican Republic and Haiti.

History and Establishment

The CMOU emerged in the 1990s amid global reforms following incidents like Exxon Valdez, discussions at the International Maritime Organization and the adoption of the Maritime Labour Convention, 2006 and the International Safety Management Code. Regional deliberations involved delegations from Saint Lucia, Grenada, Saint Vincent and the Grenadines, Dominica and observer states such as Guyana and Suriname, with technical support from the United Nations Development Programme and the World Bank. Formal establishment paralleled other MOUs such as the Paris Memorandum of Understanding and the Tokyo Memorandum of Understanding, aligning with instruments like the SOLAS Convention and the MARPOL Convention.

Membership and Participating States

Membership comprises flag State administrations and port State authorities including Antigua and Barbuda Maritime Administration, Bahamas Maritime Authority, Barbados Ship Registry, Belize Port Authority, Trinidad and Tobago Coast Guard and the maritime administrations of St Kitts and Nevis, Saint Lucia, Grenada, Dominican Republic, Jamaica and Cuba. Observers have included representatives from the United States Coast Guard, the European Commission, the Canadian Coast Guard, the Panama Maritime Authority, the Liberia Maritime Authority and classification societies such as Lloyd's Register and American Bureau of Shipping.

Objectives and Functions

The CMOU’s objectives reflect priorities in SOLAS Convention, MARPOL Convention and STCW Convention compliance, aiming to deter unsafe shipping flagged by registries like Panama and Liberia and to raise compliance levels similar to frameworks promoted by the International Maritime Organization and the International Labour Organization. Functions include coordinating risk-based targeting, harmonizing inspection procedures used by authorities such as the Bahamas Maritime Authority and the Barbados Ship Registry, and exchanging information consistent with the Paris Memorandum of Understanding and the Tokyo Memorandum of Understanding.

Inspection Regime and Port State Control Procedures

Port State Control under the CMOU uses risk-based targeting similar to practices in the Paris Memorandum of Understanding and the United States Coast Guard regime, employing inspection forms influenced by the IMO Resolution A.1068 and checklists consistent with the International Safety Management Code. Inspectors drawn from Jamaica Coast Guard, Dominican Naval Force, Cuban Revolutionary Navy and Trinidad and Tobago Coast Guard apply procedures to address deficiencies under MARPOL Annexes and SOLAS chapters, detain vessels where necessary, and notify flag States such as Malta, Marshall Islands and Greece of detentions.

Legal Framework and Governance

The legal framework references instruments like the United Nations Convention on the Law of the Sea, SOLAS Convention, MARPOL Convention, STCW Convention and regional agreements modeled on the Paris Memorandum of Understanding treaty practice. Governance is conducted through a Memorandum of Understanding signed by maritime administrations, with a rotating Chair drawn from member States such as Saint Lucia, Barbados or Trinidad and Tobago, and supported by a Technical Committee involving experts from Lloyd's Register, American Bureau of Shipping, Bureau Veritas and the International Chamber of Shipping.

Cooperation, Training and Capacity Building

Capacity building activities have been undertaken in partnership with agencies including the International Maritime Organization, the United Nations Development Programme, the World Bank, the Caribbean Community and the Caribbean Development Bank, and training providers such as Seafarers Training Centres affiliated with IMO Model Courses and the International Labour Organization guidelines. Programs have targeted port State officers from Bahamas, Belize, Jamaica and Haiti, and involved workshops featuring experts from Panama Maritime Authority, Liberia Maritime Authority, United States Coast Guard and classification societies like DNV GL.

Impact, Statistics and Criticism

The CMOU reports reductions in substandard shipping similar to outcomes recorded by the Paris Memorandum of Understanding and the Tokyo Memorandum of Understanding, with annual statistics covering inspections, detentions and deficiencies comparable to datasets maintained by the International Maritime Organization and the World Maritime University. Criticism has focused on resource disparities among members such as Haiti and Belize, alleged uneven enforcement compared with United States Coast Guard practices, and challenges relating to flag State responsibilities where registries like Panama and Liberia register large numbers of vessels. Debates involve stakeholders including International Transport Workers' Federation, International Chamber of Shipping and regional bodies like the Organization of American States about the balance between facilitation of trade at ports like Kingston, Port of Spain and Freeport and maritime safety enforcement.

Category:International maritime organizations