Navigating the NAABSA Clause: What Shipping Pros Must Know About Safe Berthing & Lying Aground

 ⚓ Navigating the NAABSA Clause: What Shipping Pros Must Know About Safe Berthing & Lying Aground

❓ Three Yes/No Questions to Spark Curiosity

• Do you fully understand the implications when your vessel lies aground at a charterer’s request?
• Are your operations aligned with the NAABSA clause and indemnity obligations?
• Have you prepared for the potential costs of underwater inspections or damage following NAABSA operations?

 

📜 Clause Breakdown: Understanding NAABSA in Your Charter Party

This clause grants charterers the option to load/discharge the vessel at a safe dock, wharf, or place where the vessel can safely lie afloat at all times of tide — except in certain South American ports (Argentina, Brazil, Colombia, Uruguay), where it is customary for vessels of similar size to lie aground.

This is the essence of the NAABSA (Not Always Afloat But Safely Aground) Clause, which:

• Allows the vessel to lie safely aground during loading/discharging at specific places requested by charterers.
• Requires that vessels lie on a soft bed (mud/sand) and without damage.
• Places the indemnity responsibility on charterers for any loss, damage, costs, or loss of time caused by lying aground, including mandatory underwater inspections required by classification societies.

⚓ What Does This Mean Practically?

• NAABSA operations are common in ports where tidal ranges or port infrastructure make it normal to ground vessels safely during cargo operations.
• The vessel’s hull and machinery must be capable of withstanding such conditions without damage.
• Charterers must clearly understand the risk and indemnify owners for all consequences from these operations.

 

⚠️ Common Pitfalls

• Assuming NAABSA applies universally without checking regional exceptions or custom practices.
• Overlooking the requirement for the seabed to be soft enough to prevent damage.
• Failing to get proper indemnity in writing, leading to costly disputes if damage occurs.
• Ignoring the potential need for costly underwater inspections post-operation.
• Charterers requesting NAABSA without informing owners or arranging suitable insurance coverage.

 

⚓ Practical Tips for Operators, Managers, Owners, and Charterers

1. Verify Port Practices: Always check if NAABSA is customary and permitted at the nominated berth, especially in South American ports where exceptions exist.
2. Condition of the Berth: Confirm seabed conditions (soft mud/sand) through recent surveys or port authority data.
3. Clear Charter Party Clauses: Ensure NAABSA wording is explicitly included and understood by all parties.
4. Indemnity Clause Awareness: Make sure charterers acknowledge their indemnity obligations for any damages or inspection costs.
5. Prepare for Underwater Inspections: Budget for the costs and plan timely inspections to satisfy class requirements post-operation.
6. Communicate Transparently: Maintain open dialogue between ship operators, owners, and charterers about risks and responsibilities.

 

🛠️ Actionable Steps for Shipping Professionals

• Review your Charter Party: Is the NAABSA clause present and clear? Are there geographical exceptions noted?
• Engage with your P&I Club: Understand the insurance implications and indemnity protections under NAABSA operations.
• Educate your crew: Train officers and deck staff on what to expect and monitor during NAABSA loading/discharging.
• Coordinate closely with terminals: Confirm seabed conditions and get written confirmation about NAABSA feasibility.
• Keep detailed records: Document the condition of the vessel before, during, and after lying aground to support any future claims or disputes.

 

🌟 Conclusion: NAABSA — A Clause of Opportunity and Risk

The NAABSA clause reflects a practical solution to tidal and port infrastructure realities in many parts of the world. But it comes with clear responsibilities and risks that must be managed professionally and proactively.

Shipping professionals, by understanding NAABSA fully and implementing robust operational controls, you protect your vessel, cargo, and reputation — keeping your operations smooth and safe.

 

🔔 Call to Action

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⚠️ Disclaimer

This blog provides general information for educational purposes only and does not constitute legal or commercial advice. Always consult your company’s legal advisors, chartering team, or P&I club for advice tailored to your specific situation. ShipOpsInsight and the author disclaim liability for any actions taken based on this content.