Noting Protest

Capt. Zin Maung Tun 1

 A declaration by the master of
circumstances beyond his control
 Which may give, or may have given, rise
to loss or damage

Capt. Zin Maung Tun 2

 Are made before a notary public,
magistrate, consular officer or other
authority
 Should be noted as soon as possible, and
 In any case, within 24h of arrival in port
 At the time of noting protest, the master
should reserve the right to extend it

Capt. Zin Maung Tun 3

 Protests concerning cargo damage should
be made before starting unload
 Although there is no requirement to use
special form, it is usual to do so
 Statement under oath are taken from the
master and other members of crew

Capt. Zin Maung Tun 4

 Such a statements must be supported by
appropriate entries in the log-book, which
must be produced
 Certified copies of the NOP should be
forwarded to the owners and one copy
retained onboard.

Capt. Zin Maung Tun 5

 Protest should be noted at each
discharging port and not just at the first
port of call

Capt. Zin Maung Tun 6

 A NOP is advisable when:
 During the voyage the ship has
experienced weather conditions which
may result in damage to cargo
 The ship is in any way damaged, or there
is reason to suspect that damage may
have occurred

Capt. Zin Maung Tun 7

 Normal ventilation of perishable cargo has
not been practicable on account of
weather
 Cargo is shipped in such a condition that it
is likely to deteriorate during the voyage
(Bs/L must b appropriate endorsed)

Capt. Zin Maung Tun 8

 The charterer or his agent commits any
serious breach of the terms of the C/P
 Consignees fail to discharge cargo, take
delivery or pay freight in accordance with
the terms of a C/P or Bs/L
 Any G A act has occured

Capt. Zin Maung Tun 9

 In case where damage is found to have
occurred, it is necessary to extend protest
to support claims
 The master should consult his owner’s
agent about the local requirement and
practice for extending protest

Capt. Zin Maung Tun 10

 The master must normally appear in
person accompanied by a number,
depending upon local custom, of crew
members as witnesses

Capt. Zin Maung Tun 11