Caleb
Fotheringham, RNZ Pacific
Journalist
- MFAT emails show New Zealand
is more concerned about Cook Islands’ shipping registry
after the Cook Islands flagged tanker,
Eagle S, was
suspected of being part of Russia’s shadow
fleet. - The number of sanctioned
vessels on Cook Islands’ registry could be
increasing - New Zealand offers
experts to improve their shipping registry
standard - Eagle
S, was marked as severe in terms of
non-compliance in November 2024 by New Zealand authorities,
the information was shared to Cook Islands
government - MFAT says Maritime Cook
Islands has been given all the information it needs to act
against non-compliant vessels
New
Zealand is concerned about Cook Islands’ shipping registry
following a link to Russia’s shadow fleet and has offered
experts to help improve its standard, according to Ministry
of Foreign Affairs and Trade emails.
Cook
Islands-registered ship, Eagle S, was seized on
Christmas day, 2024, in the Baltic Sea by Finnish
authorities which believed the vessel severed the Estlink 2
submarine cable that carries electricity from Finland to
Estonia.
The vessel is also thought to be linked to
Russia’s shadow fleet, which seeks to evade sanctions on the
sale of Russian oil.
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RNZ Pacific requested – under the
Official Information Act – all correspondence sent and
received between the New Zealand Ministry of Foreign Affairs
and the Cook Islands Ministry of Foreign Affairs and
Immigration regarding the ship from 25 December 2024 to 14
January this year.
A heavily
redacted document was returned with mainly one-way
correspondence from MFAT posts outlining concerns over the
current state of the ship registry.
“Wellington has
instructed us to demarche the Cook Islands on the issue of
the shadow fleet, to reemphasise our concerns, seek
assurances, and offer support to the Cook Islands,” one
email from New Zealand’s High Commission in the Cook Islands
said sent on 10 January.
Another, also dated January
10, said, “New Zealand’s existing concerns about the Cook
Islands shipping registry have increased” following the
incident.
“As the vessel is suspected of being part of
the Russian ‘shadow. fleet’, we seek clarity from the Cook
Islands Government about its response to the incident given
the seriousness of the issue and potential
consequences.
“Currently available data indicates an
increase in the number of sanctioned vessels on its
registry.”
It said New Zealand seeks “assurance that
all sanctioned vessels have been formally deregistered or
that action is currently under way to do so”.
New
Zealand joined the international call for action against
shadow fleets on 28 November.
Another email said:
“Shadow-fleet’ vessels pose a range of security, legal,
economic, environmental, and reputational risks -to the
countries that choose to bear the responsibilities of
flagging them.”
It said New Zealand had experts
available to help the Cook Islands with its registry if the
country needed additional support.
Maritime law
requires all ships on the high seas to have a flag,
otherwise they’re considered a pirate. The flagged country
is responsible for safety and enforcing regulations on
board.
Many Pacific nations, including the Cook
Islands, have taken to flying their flags on foreign ships
as a way to generate money.
Ships belonging to a
foreign business may want to fly a flag different to the
country they’re in for lower costs or to bypass
standards.
The Ministry of Foreign Affairs said in
correspondence released under the OIA that the Eagle
S, in November 2024, was marked as severe in terms of
non-compliance in a list compiled by New Zealand’s National
Maritime Coordination Centre.
The information was
shared with the Cook Islands Ministry of Foreign Affairs and
Maritime Cook Islands or MCI – a private company that
operates Cook Islands’ ship registry.
The Cook Islands
government has maintained it, and MCI, are committed to
international sanctions against Russia.
However, MFAT
in the OIA said MCI had been given all the information it
needed to act against non-compliant vessels, including
de-registering sanctioned vessels.
“There are now
additional vessels and one entity registered in the Cook
Islands shipping registry that are on the OFAC [Office of
Foreign Assets Control] sanctions list.
“The
seriousness of the Eagle S incident, [redacted
information] heightens our concerns about the
administration, oversight and integrity of the Cook Islands
shipping registry and the Cook Islands’ compliance with its
international obligations.”
The Cook Islands is in
free association with New Zealand. It means the island
nation conducts its own affairs, but Aotearoa has a
responsibility to assist when it comes to foreign affairs,
disasters, and defence when asked.
MFAT, in the OIA,
said the Cook Islands was responsible for its own shipping
registry but “as a Realm partner, we have shared interest in
the Cook Islands managing its shipping registry in a way
that upholds international peace and security”.
“New
Zealand and likeminded sanctions regimes aim to hold Russia
accountable for its breach of the UN Charter by invading
Ukraine.”
RNZ Pacific contacted MCI and Cook Islands
government for comment but have not been given a response by
the time of publication.
However, it previously said
MCI would respond to media inquiries “once the investigation
is complete and the facts have been fully
established”.
University of Waikato law professor
Alexander Gillespie said the documents released under the
OIA show raising concern by the government over the
integrity of the Cook Islands shipping
register.
Gillespie said flagging sanctioned vessels
appeared to be an oversight, not a purposeful move.
“I
don’t think I can see a pattern, but that will depend upon
more sanctioned vessels coming to light and more violations
of international law.
“It may be that they need
external help to make sure that their register is something
to be proud of.”
Eagle S was released by
Finnish authorities earlier this month, but three remaining
crew members remain in Finland for the criminal
investigation.