Port-state-control complaints

MLC 2006 Regulation 5.2.2 requires every port state that has ratified MLC to provide a procedure under which any seafarer in its ports can file a complaint — and that complaint must receive a proper response, independent of the flag state's actions. Port state control (PSC) inspectors have authority to board any foreign-flag vessel in their port, examine wage records, accommodation, medical facilities, and the onboard complaint procedure, and issue deficiency notices. For serious failures, they can detain the vessel until the breach is corrected. Eleven regional Memoranda of Understanding coordinate PSC globally: Paris MoU (Europe/North Atlantic), Tokyo MoU (Asia-Pacific), USCG (United States), AMSA (Australia), Indian Ocean MoU, Caribbean MoU, Latin American ACUERDO DE VIÑA DEL MAR, Mediterranean MoU, Black Sea MoU, Abuja MoU (West Africa), and Riyadh MoU (Gulf). Each MoU has a concentration inspection campaign (CIC) programme; MLC compliance has been a recurring CIC focus. Your PSC complaint is separate from the onboard procedure — you can file both simultaneously. PSC officers must not disclose your identity to the master without your consent. For the full technical framework, see /reference/mlc and /reference/port-state-control.

What this usually means

MLC 2006 Regulation 5.1.5 requires every flag state to provide an onboard complaints procedure, and Regulation 5.2.2 requires every port state party to provide a procedure for handling complaints from seafarers in their ports. A formal complaint can result in port-state inspection, deficiency notes, and — for serious failures — vessel detention. Use this when the onboard complaints process has failed or where the ship is non-compliant in ways that affect crew welfare.

Step-by-step

1. Exhaust the onboard procedure first: speak to the head of department, then the Master, then submit a written complaint per the procedure posted in the messroom (required by Standard A5.1.5).
2. If onboard escalation fails or is unsafe: file with the flag state's maritime administration (contact details on the MLC-DMLC Part II) — this is your primary route.
3. If the flag state does not act, file with the port state in your current or next port. Most port-state regimes (Paris MoU, Tokyo MoU, USCG, AMSA) accept written complaints from any seafarer.
4. For organised support: ITF inspector at the port can submit on your behalf and back the complaint with a vessel visit. ISWAN provides case management.
5. Provide: copy of SEA, photographs of the issue (e.g. accommodation, food, working conditions), timeline of complaints already raised, witness names where willing.
6. PSC officers cannot identify you to the Master without your consent. Insist on this in the complaint.

Evidence to save

• Copies of any written on-board complaints and the responses received — these show you have exhausted the internal procedure.
• Photographs of the specific conditions complained about: accommodation, food storage, missing safety equipment, missing complaint procedure poster.
• The vessel's name, IMO number, flag state, and current port — required to file with PSC.
• Your name and rank, your current location, and secure contact details for PSC to reach you.
• Photographs of the DMLC Part II in the messroom — shows whether certificates are current.
• Wage accounts or payslips showing unpaid wages if that is the basis of the complaint.
• Written note of any retaliation received after raising the complaint on board.

What NOT to sign

• Any agreement to withdraw your PSC complaint in exchange for a promise of remediation — wait until the remedy is delivered.
• A document acknowledging that conditions on board are 'satisfactory' if they are not — this will be used against any later complaint.
• A confidentiality agreement preventing you from speaking to PSC officers or from filing additional complaints.
• Any crew list amendment backdated to remove your name before a PSC inspection.

Escalation path

1. Identify which MoU regime covers the port you are in or will next call: Paris MoU for European ports, Tokyo MoU for Asia-Pacific, USCG for US ports, AMSA for Australian ports, Indian Ocean MoU for Indian Ocean rim ports.
2. File a written complaint with the port state's maritime authority — most MoU regimes publish an online complaint form or email address. State the vessel name, IMO, flag, the specific MLC standard breached, and the evidence.
3. Confirm with the PSC authority that your identity will be kept confidential from the master during the inspection. This is your right under MLC Reg 5.2.2.
4. In parallel: notify the ITF inspector at the port — they have established relationships with PSC authorities and can support the complaint and attend the inspection.
5. If the flag state is unresponsive, PSC can act independently. A PSC detention is a matter of public record (all MoU regimes publish their detention records online).
6. If the vessel leaves port before PSC can inspect: notify the PSC authority of the next expected port so they can alert the relevant MoU regime.

Legal basis

MLC 2006 Regulation 5.1.5 (onboard complaint procedures), Regulation 5.2.2 (onshore seafarer complaint-handling procedures), Standard A5.2.2 (procedural requirements for the port state). Paris MoU and Tokyo MoU concentrated inspection campaigns periodically focus on MLC compliance.

Organisations that can help

• ISWAN SeafarerHelp
  Global · 24/7
  📞 +44 800 012 1004
• UKMTO Dubai (Indian Ocean / Gulf of Aden)
  Middle East · 24/7
  📞 +971 50 552 3215
• Nautilus International — UK 24-hour helpline
  Europe · 24/7
  📞 +44 20 8989 6677
• AMOSUP (Associated Marine Officers' and Seamen's Union of the Philippines)
  Asia-Pacific · Mon-Sat 8-17 PHT
  📞 +63 2 8527 8491
• NUSI (National Union of Seafarers of India)
  Asia-Pacific · Mon-Fri 9:30-18 IST
  📞 +91 22 6798 3636
• Sailors' Society — UK head office
  Europe · Crisis Response Network 24/7
  📞 +44 23 8051 5950

Primary sources

• Paris MoU on Port State Control — complaint procedure and inspection reports
• Tokyo MoU on Port State Control — complaint procedure and inspection reports
• ILO NORMLEX — MLC 2006 Regulation 5.2.2 (port state onshore complaint handling)
• IMO Resolution A.1138(31) — Procedures for port state control, 2019
• Indian Ocean MoU on Port State Control

See also

• Right: On-board complaint procedure
• Right: Flag-state complaints
• Right: Unpaid wages
• Right: MLC 2006 — your bill of rights
• Help: Filing an MLC complaint
• Help: Complaint to the flag state
• Help: Abandonment
• Reference: MLC 2006 — Maritime Labour Convention
• Reference: Port state control

Disclaimer. General information only — not legal advice. Rules vary by flag state, port state, vessel type, applicable CBA, and contract. Where a fact below is critical to your case, verify against the cited source and consider professional advice.

Original help topic at /help/mlc-complaint.