Despite various attempts undertaken by Jan De Nul Group, both through local proceedings as through diplomatic channels, dredging vessel Zheng He remains detained in the Port of Tampico, Mexico. The company says it will continue to take all possible actions to resolve the situation.
On 1 November 2023, the Mexican foreign trade authorities conducted a search on the dredging vessel Zheng He and seized it. According to these authorities, the vessel must be classified as foreign “merchandise” and following such classification, it should have been imported into Mexico.
With an experience of over thirty years’ activity in Mexico, Jan De Nul Group strongly contests the unrightful classification of the vessel as merchandise, which is both unlawful and unprecedented.
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Stop-over in Mexico
The vessel Zheng He was contracted to execute various dredging projects in The Bahamas by the end of 2023 and in the course of 2024. However, to avoid the peaks of the hurricane season in The Bahamas, the vessel temporarily left The Bahamas to seek shelter in the Gulf of Mexico, with the intention to return to The Bahamas in December 2023.
During this period, the Zheng He requested and was authorised by the competent Mexican authorities to make a stop-over in the Port of Tampico in Mexico for a crew change, garbage removal and preventive maintenance works on board. Such activities are common practice during a sea voyage and are as such recognised and protected under the United Nations Convention on the Law of the Sea (UNCLOS).
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Zheng He remains detained
Despite the various attempts undertaken by Jan De Nul Group to resolve the matter, both through local proceedings as through the diplomatic channels, the Zheng He remains detained in the Port of Tampico.
On 14 February 2024, the Zheng He was even declared property of the Mexican Federal tax authorities, and in addition a tax fine was imposed of more than MXN 1.6 billion (equivalent of EUR 78 million). This is abusive and disproportionate.
By judgement of 25 March 2024, a competent Mexican court ruled in favour of Jan De Nul Group, confirming that the Zheng He was legally present in the port of Tampico without the need of importation. The court additionally confirmed that there were irregularities during the vessel search on 1 November 2023. However, Jan De Nul Group did not succeed to obtain a release of the Zheng He following this judgement, despite various requests thereto.
Jan De Nul Group will continue to take all possible actions to protect its crew, to reserve its rights over its assets and to obtain a release of the Zheng He. The Grand Duchy of Luxembourg, as the vessel’s flag state, simultaneously initiated proceedings before the International Tribunal for the Law of the Sea (ITLOS), as part of the United Nations.
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Crew members on board are safe and sound
Jan De Nul Group emphasises that its crew on board of the vessel is safe and is doing well. Food and water are frequently supplied and the crew members are replaced in accordance with the standard crew rotating schemes.
As the treatment of the crew largely depends on the authorisations of Mexico, the Grand Duchy of Luxembourg has in the meantime formally requested the ITLOS Tribunal for guarantees. As a result, Mexico made written promises to the ITLOS Tribunal that the crew’s (mental) wellbeing will be guaranteed at all times.
Picture: The vessel Zheng He is a highly specialised dredging vessel, flying the flag of the Grand Duchy of Luxembourg and is owned by the European Dredging Company SA, part of Jan De Nul Group (photo by Jan De Nul Group).
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