In a groundbreaking move, the International Maritime Organization (IMO) assembly has adopted a resolution aimed at combating the menace of the “dark fleet” or “shadow” ships engaged in illegal and fraudulent maritime operations. The resolution, proposed by the IMO’s Legal Committee earlier this year, addresses rising concerns about unsafe practices, particularly ship-to-ship transfers of oil and petroleum products in international waters.
Despite facing opposition from Iran and Russia, two nations subjected to Western sanctions on their oil and shipping sectors, the resolution passed with significant support. Iran and Russia sought unsuccessfully to limit sanctions to those agreed upon by the United Nations General Assembly, highlighting the geopolitical complexities surrounding the issue.
For the first time, the IMO outlined specific criteria to define a “dark” or “shadow” vessel, including engaging in unsafe operations, intentionally avoiding inspections, lacking liability insurance, evading screenings, and taking measures to avoid detection. While non-binding, these recommendations provide a framework for best practices related to safety and environmental conventions.
The IMO expressed grave concerns about the escalating number of ship-to-ship transfers, especially involving the “shadow fleet,” emphasizing the potential environmental risks and threats to crew welfare and coastal states. The organization called for member states, port states, and flag states to take proactive measures to prevent illegal operations, urging increased awareness, inspections, and reporting of planned transfers.
The resolution comes at a time when the use of “shadow tankers” has surged, particularly in the transportation of Russian oil. In the third quarter of 2023 alone, there were over 432 ship-to-ship transfers of Russian oil, according to S&P Global Maritime Intelligence. Countries like Malaysia and Singapore have intensified efforts to combat illegal anchoring and unauthorized ship-to-ship activities.
While the IMO lacks the authority to take specific actions, the resolution signifies a crucial step in defining and addressing the actions characterizing the “shadow fleet.” The IMO’s call for heightened awareness, inspections, and reporting underscores the global effort needed to curb this illicit maritime activity, aligning with recent successes in U.S. sanctions targeting illegal and dangerous trade practices associated with the “dark fleet.”
