a photo taken on December 28, 2024 off Porkkalanniemi, Kirkkonummi, in the Gulf of Finland, shows oil tanker Eagle S (R), which flies under the flag of the Cook Islands, next to Finnish border guard ship Uisko (back C) and tugboat Ukko (front L). Photo: AFP / Jussi Nukari
- 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.
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.
