Q: What is the Tokyo MoU?
A: Memorandum of Understanding on Port State Control in the
Asia-Pasific Region, known as the Tokyo MoU, was concluded in
December 1993 at its final preparatory meeting in Tokyo. The MoU
contains arrangements for Port State Control in the Asia-Pacific
region. The members of the MoU also agreed to establish an
intergovernmental organization whose functions is to ensure the
effectiveness of the MoU. That makes the Tokyo MoU one of the most
active organizations as it affects each country in respect to Port
State Control (PSC). This organization consists of 21 member
countries in the Asia-Pacific region including Indonesia (Accepted
the Tokyo MoU on 1 April 1996). The aim of the Tokyo MoU is to
establish an effective port state control regime in the
Asia-Pacific region through the cooperation of its members and
harmonization of activities in each country, improving maritime
safety, and protecting the environment and maintaining working
conditions on board ships.
Q: What is the “White List” category in the
Tokyo MoU and how can a country be included in the
list?
A: The Tokyo MOU issues an annual White List to acknowledge the
compliance of a country’s ships with International Maritime
Organization (IMO) rules and conventions in the ports of Tokyo MOU
member countries. Inclusion of a country on the list means that
this country’ ships have been considered compliant in every
Port State Control inspection in Tokyo MOU member countries. 36
(Thirty-Six) countries are included in the Tokyo MoU White List
category in 2023-2024. Other than Indonesia, the list also includes
the United Kingdom, Malaysia, Switzerland, and China, to name a
few.
In addition to the White List, Tokyo MOU also has two other
categories, namely the Grey List and the Black List. The Grey List
designates countries with vessels showing a higher number of
non-compliance, signaling a need for improvement and heightened
inspections. This list includes 16 countries including India, Saudi
Arabia, and Croatia. Meanwhile, the Black List contains countries
whose vessels have a history of severe and recurrent violations,
potentially leading to detentions and entry restrictions. It
includes 4 countries namely Dominica, Mongolia, Togo, and Sierra
Leone.
To qualify for the White List , a country must comply with the
IMO rules and conventions in the ports of Tokyo MOU member
countries. To ensure that Indonesia is included in the White List,
the Government of Indonesia must submit a survey and statutory
certification of Indonesian-flagged vessels sailing or operating
abroad to the Indonesian Classification Board or Badan
Klasifikasi Indonesia (BKI). In case Indonesian vessels are
detained by the countries they visit, BKI, as a Recognized
Organization, if requested, can perform follow-up to verify the
enforcement of international regulations. This will aid shipowners
in rectifying any shortcomings. BKI will conduct a thorough review
of the Port State’s findings and provide suggestions for
corrective actions, be they permanent or temporary, to facilitate
the vessel’s continued operation and the implementation of
necessary enhancements.
Q: What are the benefits of entering or being included
in the “whitelist” category for a country in the Tokyo
MoU?
A: A White List status will certainly have a positive impact on
Indonesia’s logistics costs. Especially in export-import
activities, Indonesia can compete better with foreign ships. The
general rule is that the lower detentions obtained, the lower the
logistics costs incurred. As stated by the Indonesian National
Shipowners’ Association or INSA (quoted on the Coordinating
Ministry for Maritime Affairs website), a low number of detention
vessels can save 252 million rupiah per detention day (Assuming a
rental rate of US$/day for the Container/MPP/Short Sea Markets type
is US$ 17,000/day) .
Becoming a part of the Tokyo MoU’s White List also signifies
an improvement in the overall countries’ ship’s condition,
making it more cost-effective for logistics. As the ship’s
condition and quality improve, so do the inspection processes, port
control quality, and the well-being of seafarers. This, in turn,
enhances the trust of service users in choosing Indonesian-flagged
commercial vessels. This trust is fostered by the reduced risk of
detention of Indonesian-flagged merchant ships when transporting
goods internationally. Prior to Indonesia’s inclusion in the
White List, service users were apprehensive about the safety of
their cargo on Indonesian-flagged vessels. These developments
highlight the extensive efforts made by Indonesia, the world’s
largest archipelagic nation, to secure its position on the White
List.
REFERENCES
Annisa Mutia Pranita, Budiman Djoko Said, and Panji Suwarno,
‘Indonesia’s Achievement on Tokyo MoU’s White List and
Vision of Global Maritime Fulcrum’ (2022) 7(1) International
Journal of Innovative Science and Research Technology
(https://ijisrt.com/assets/upload/files/IJISRT22JAN648_(1).pdf)
accessed 13 October 2023.
Administrator, ‘Tiga Tahun Berturut-Turut, Indonesia Masuk
White List Tokyo MoU’ (Insa, 12 June 2023) (
http://dppinsa.com/content/detail/tiga_tahun_berturut-turut-_indonesia_masuk_white_list_tokyo_mou#:~:text=Status%20White%20List%20Tokyo%20MOU,negara%2Dnegara%20anggota%20Tokyo%20MOU.
) diakses 13 Oktober 2023.
*Administrator, ‘Tahun ini Indonesia Diperkirakan Akan
Kembali Masuk Whitelist Tokyo MoU’ (Kemenko Maritim, 02
Februari 2023)
(https://maritim.go.id/detail/tahun-ini-indonesia-diperkirakan-akan-kembali-masuk-whitelist-tokyo-mou#:~:text=Sebagai%20informasi%2C%20Tokyo%20MoU%20merupakan,negara%20di%20kawasan%20Asia%2DPasifik.)
diakses 13 Oktober 2023.
Memorandum of Understanding on Port State Control in the
Asia-Pasific Region (1993).
‘Tokyo MoU Organization’
(https://www.tokyo-mou.org/organization/). diakses pada 16 Oktober
2023.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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