Despite Legal Ruling, Luxembourg’s Zheng He Vessel Still Held in Mexico

On Thursday 22 August 2024, the Jan De Nul Group announced that despite several attempts, both through local procedures and diplomatic channels, the Luxembourg-registered dredging vessel Zheng He remains detained in the port of Tampico, Mexico.

On 1 November 2023, the Mexican foreign trade authorities searched and seized the dredging vessel Zheng He. According to these authorities, the vessel should have been classified as a foreign “commodity” and should have been imported into Mexico after this classification. With over 30 years' experience in Mexico, the Jan De Nul Group firmly disputes the illegal classification of the vessel as a commodity. The Jan De Nul Group emphasised that this situation is “both illegal and unprecedented”.

The Zheng He had been deployed to the Bahamas, for several dredging projects scheduled for late 2023 and throughout 2024. In anticipation of and to avoid the hurricane season in the Bahamas, the vessel temporarily departed the Bahamas to seek shelter in the Gulf of Mexico, intending to return to the Bahamas in December 2023.

During this period, the Zheng He requested the appropriate Mexican authorities to make a port call at the port of Tampico, Mexico, to conduct a crew change, garbage removal and preventative maintenance. Such activities are common during a sea voyage and are recognised and protected by the United Nations Convention on the Law of the Sea (UNCLOS).

On 1 November 2023, while calling at the port of Tampico, Mexican foreign trade authorities suddenly searched the Zheng He and seized the vessel. According to these Mexican authorities, the Zheng He should be classified as foreign "merchandise" and, after this classification, it should have been imported into Mexico.

Zheng He remains detained despite attempts to release it

Despite Jan De Nul Group's various attempts to resolve the issue, both through local procedures and 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 Authority and was also subject to a tax penalty of over MXN 1.6 billion (equivalent to €78 million today). “This is abusive and disproportionate,” added the Jan De Nul Group.

In a judgment dated 25 March 2024, a competent Mexican court ruled in favour of the Jan De Nul Group and confirmed that Zheng He was legally in the port of Tampico without having to be imported. The court also confirmed that there were irregularities during the search of the vessel on 1 November 2023. Despite several requests to this effect, the Jan De Nul Group was reportedly unable to obtain the release of the Zheng He after this judgment.

The Jan De Nul Group stressed that it will continue to take all possible measures to protect its crew, preserve its rights to its assets and obtain the release of the Zheng He. The Grand Duchy of Luxembourg, as the flag State of the vessel, has simultaneously initiated proceedings before the International Tribunal for the Law of the Sea (ITLOS), which is part of the United Nations.

The Group emphasised that the crew on board the vessel are safe and sound. There are regular deliveries of food and fresh water, and crew members are replaced according to standard crew rotation plans.

Since the treatment of the crew depends largely on Mexico's agreement, the Grand Duchy has just formally requested guarantees from the International Tribunal for the Law of the Sea (ITLOS). In response, Mexico has written to the ITLOS and undertakes to ensure that the (mental) well-being of the crew is ensured at all times.