MIA Memorandum Circular No. 126 (1997)

(NAR) VOL.8 NO. 4 / OCTOBER - DECEMBER 1997

[ MIA MEMORANDUM CIRCULAR NO. 126, October 14, 1997 ]

REVISED GUIDELINES ON THE ISSUANCE OF ENDORSEMENT OF CERTIFICATES IN ACCORDANCE WITH THE 1978 STCW CONVENTION

Pursuant to Section 12 (e) of Executive Order No. 125, as amended, and in consonance with the Philippines’ accession to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 through the Instrument of Accession dated 11 January 1984 and pursuant further to Section 2, Article II of the 1987 Philippine Constitution which states that the Philippines adopts the generally accepted principles of International Law as part of the law of the land, the following revised guidelines in the issuance of Endorsement of Certificates are hereby prescribed:

I. Objective To ensure that all seafarers are properly certificated, qualified, competent and medically fit for the proper performance of functions on board seagoing ships in accordance with the Convention.

II. Coverage These guidelines shall apply to all Filipino seafarers serving onboard seagoing ships, except to those on board:

1. warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service;

2. fishing vessels;

3. pleasure yachts not engaged in trade; or 4. wooden ships of primitive build.

III. Definition of Terms For purposes of this Circular:

1. Administration refers to the Maritime Industry Authority (MARINA);

2. Authentication refers to the Administration’s attestation/validation/confirmation of certificates, licenses and documents issued by agencies and entities in compliance with the requirements of the 1978 STCW Convention and its subsequent amendments;3. Convention refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. Every reference to the Convention constitutes at the same time reference to the Annex;

4. Indorsement of Certificates means a valid document, by whatever name it may be known, issued by the Administration, authorizing the holder to serve as stated in this document;

5. Fishing Vessel means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

6. Seagoing Ship means a ship other than those which navigate exclusively within Philippine waters.

IV. General Provisions 1. All Filipino seafarers serving onboard seagoing ships shall be properly certificated in accordance with these guidelines.

2. Application for issuance of endorsement of certificates and/or authentication must be personally filed and secured by the applicant. The application can be filed, on behalf of the seafarer while on board, by the duly authorized representative of the company in cases of replacement of lost or damaged certificates and, for purposes of repatriation (for a maximum period of 90 days).

3. Applications shall be filed at the MARINA Central Office (MCO) or at any of its authorized Maritime Regional Office (MRO).

4. Endorsement of Certificates issued for purposes of employment onboard seagoing ships shall be acceptable for use onboard ships operating in the domestic trade.

5. The medical and licensure examinations and training courses required by these guidelines shall have been taken from a government-accredited institution.

6. Certificates in support of application for Endorsement of Certificates shall be automatically authenticated by MARINA. However, a separate authentication of certificates/documents can be undertaken as maybe necessary.

7. Retraining shall be required to holder of training certificates who has not served on board for at least a year within five (5) years from the date of issuance of certificate.

8. The Administration reserves its authority to waive/modify the requirements in the issuance of endorsement of certificates/authentication in cases deemed meritorious.

V. Qualification Requirements A. Deck Department1. Minimum Requirements for Masters, Chief Mates and Officers in Charge of a Navigational Watch on Ships of 200 GT or More 1 Officer in Charge of a REQUIREMENTS MASTER CHIEF MATE Navigational Watch Age At least 20 years old At least 18 years old Certified medically fit, Medical particularly regarding good eyesight and hearing Must have undertaken the Training following training courses:

1. Basic Safety Courses (BSC) 2. Radar Observer Course (ROC)/Radar Observation and Plotting (ROP) 3. Radar Simulator Course (RSC) 4. Ship Restricted Radiotelephone Operator Course (SRROC) or General Operator Course (GOC) Examination/ License Must have passed the licensure examination for: Master Mariner Chief Mate Second Mate/Third Mate 1) 36 months approved 1) 36 months as officer in seagoing service in the charge of a navigational deck department which Seagoing Service watch; or 18 months as includes six months officer in charge of a bridge watchkeeping navigational watch duties; or 2) 12 months approved apprenticeship training& 2) 12 months as chief mate 12 months seagoing and 12 months as officer in service in the deck charge of navigational watch department which includes6 months bridge watch-keeping duties Regulation Regulation II/2 Regulation II/4 1 As per Regulation I/15 (Transitional Provisions) of 1978 STCW Convention, as amended, the Party may, at its discretion, replace tonnage limitations appearing on the original certificate - “200 GRT” may be replaced by “500 GRT”.

2. Minimum Requirements for Masters and Officers in Charge of a Navigational Watch on Ships of Less Than 200GTa. Ships Not Engaged on Near-Coastal Voyages OFFICER IN CHARGE OF REQUIREMENTS MASTER A NAVIGATIONAL WATCH At least 20 years Age At least 18 years old old Certified medically fit, particularly Medical regarding good eyesight and hearing Must have passed the equivalent Examination/ License licensure examination Must have undertaken the Training following training courses:

1) Basic Safety Courses (BSC) 2) Radar Observer Course (ROC)/Radar Observation and 3) Radar Simulator Plotting (ROP) Course (RSC) 4) Ship Restricted Radiotelephone Operator Course (SRROC) or General Operator Course (GOC) 1) 36 months approved 1) 36 months as seagoing service in the deck officer in charge of Seagoing Service department which includes six a navigational months bridge watchkeeping watch; or duties; or 2) 12 months approved 2) 12 months as apprenticeship training and 12 chief mate and 12 months seagoing service in the months as officer in deck department which charge of a includes six months bridge navigational watch watchkeeping duties Regulation Regulation II/3 b. Ships Engaged on Near-Coastal Voyages OFFICER IN CHARGE REQUIREMENTS MASTER OF A NAVIGATIONAL WATCH Age At least 20 years old At least 18 years old Certified medically fit, Medical particularly regarding good eyesight and hearingMust have passed the equivalent licensure Examination/ License examination Training Must have undertaken the following training courses:

1) Basic Safety Courses (BSC) 2) Radar Observer Course (ROC)/Radar Observation and Plotting (ROP) 3) Radar Simulator Course (RSC) 4) Ship Restricted Radiotelephone Operator Course (SRROC) or GOC 1) 36 months approved 12 months as officer in seagoing service in the Seagoing Service charge of a navigational deck department; or 2) 12 watch months approved apprenticeship training. Regulation Regulation II/3 3. Minimum Requirements for Ratings Forming Part of a Navigational Watch on a Seagoing Ship of 200 GT or More Basic Seaman Undergraduate Training or Non- BSMT/AMT/CMT Course(BSTC) REQUIREMENTS Graduate of GRADUATES Graduates 1 Maritime Deck Courses Watchkeeping Age — At least 18 years old — Certified medically fit, Medical particularly regarding good eyesight and hearing Must have Must have undertaken the undertaken the Training Basic Safety Courses following (BSC) courses:

1) Basic Safety Courses (BSC);

2) Deck Watchkeeping Course (DWK) Seagoing Service 1) 12 months sea going 2) 12 months service in the deck approved department which apprenticeship includes six months training navigational watchkeeping duties; or12 months seagoing service in the deck department which includes six months navigational watchkeeping duties Regulation — Regulation II/6 — 1 Must submit a copy of diploma or transcript of records from maritime schools and Special Order (S.O.) issued by the DECS/CHED.

B. Engine Department 1. Minimum Requirements for Chief Engineer Officers, Second Engineer Officers of Ships Powered by Main Propulsion Machinery of 750 kW Propulsion Power or More ENGINEER SECOND OFFICER IN REQUIREMENTS CHIEF ENGINEER ENGINEER CHARGE OF A WATCH At least 18 Age At least 20 years old years old Certified medically fit, particularly regarding Medical good eyesight and hearing Must have passed the Examination/ licensure examination License for: Third Second Chief Engineer Engineer/Fourth Engineer Engineer Must have undertaken Training Basic Safety Courses (BSC) Regulation III/4 Regulation III/2 (Ship 12 months powered by main approved Seagoing Service propulsion machinery of seagoing 3,000 kW propulsion service in the power or more) engine room 12 months 24 months as engineer approved sea-officer in charge of a going service as watch and 12 months as engine officer second engineer incharge of a watch Regulation III/3 (Ship powered by main propulsion machinery of between 750 and 3,000 kW propulsion power)12 months 12 months as engineer approved sea-officer in charge of a going service as watch and 12 months as engine officer second engineer in charge of a watch 2. Minimum Requirements for Ratings Forming Part of an Engine Room Watch GRADUATES OF MARINE HIGH REQUIREMENTS ENGINEERING SCHOOL COURSES(BSMarE/AME/CME)1 GRADUATES Age - At least 18 years old - Certified medically fit, particularly Medical regarding good eyesight and hearing Must have undertaken the Must have undertaken the Basic Training following Safety Courses (BSC) training courses:

1) Basic Safety Courses (BSC);

2) Engine Watchkeeping Course (EWK) Seagoing Service 18 months 12 months seagoing service in the seagoing engine room service in the engine room Regulation Regulation III/6 1 Must submit a copy of diploma or transcript of records from maritime schools and Special Order (S.O.) issued by the DECS/CHED.

C. Radio Department Mandatory Minimum Requirements for Radio Officers REQUIREMENTS RADIO OFFICER Age At least 18 years of age Certified medically fit, particularly regarding good Medical eyesight, hearing and speech Must have passed the License licensure examination for General Operator (GOC) or First Class Radiotelegraph Operator(1RTG) Regulation Regulation IV/1 To qualify for the additional Regulation under Chapter V of the Convention, the following requirements must be complied with:

1. For Masters, Officers and Ratings of Oil Tankers MASTER, CHIEF OFFICERS IN ENGINEER CHIEF REQUIREMENTS CHARGE AND MATE AND SECOND RATINGS ENGINEER Training/Seagoing 1) General/Oil Tanker 1)Advanced/Specialized Service Familiarization; or Oil Tanker Course; and 2) Six months 2) Six months supervised shipboard shipboard service on oil service on oil tanker tanker Regulation Regulation V/1 2. For Masters, Officers and Ratings of Chemical Tankers MASTER, CHIEF OFFICERS IN ENGINEER CHIEF REQUIREMENTS CHARGE AND MATE AND SECOND RATINGS ENGINEER 1) General/Chemical 1) Advanced/Specialized Tanker Familiarization Chemical Tanker Course; Training/Seagoing Course; or and Service 2) Six months supervised shipboard 2) Six months shipboard service on chemical service on chemical tanker tanker Regulation Regulation V/2 3. For Masters, Officers and Ratings of Liquefied Gas Tankers MASTER, CHIEF OFFICERS IN ENGINEER CHIEF REQUIREMENTS CHARGE AND MATE AND SECOND RATINGS ENGINEER 1) General/Liquefied 1) Advanced/Specialized Training/Seagoing Gas Tanker Liquefied Gas Tanker Service Familiarization; or Course; and 2) Six months 2) Six months shipboard supervised shipboard service on liquefied gas service on liquefied gas tanker tanker Regulation Regulation V/3 VI. Documentary Requirements (All original documents, if applicable, must be presented for verification purposes) A. NEW/UPGRADING B. RENEWAL C.REPLACEMENT OF LOST/DAMAGED CERTIFICATE 1. Duly 1. Duly 1. Duly accomplished accomplished accomplished application form application form application form 2. Photocopy of 2. Certified true copy of valid valid medical 2. Affidavit PRC and/or NTC License certificate 3. Previously issued 3. Photocopy of valid medical 3. Photocpy of valid Endorsement of certificate medical certificate Certificate 4. SIRB-one photocopy each of pages one and two and all 4. Photocopy of other pages reflecting sea 4. Proof of SIRB reflecting sea service(In case of lost/damaged previously issued service with at least SIRB, any acceptable Endorsement of one year within the substitute documentary proof Certificate last five years of sea service and affidavit shall be required) 5. Photcopy of each training certificate required Medical shall include the following:1. Complete physical examination 2. Chest X-ray using plates not smaller than 11" x 14" 3. Complete blood count (CBC) including hemoglobin determination 4. Blood typing 5. Urinalysis 6. Stool examination 7. Dental examination 8. Psychological examination 9. Visual acuity with emphasis on color perception:

a. For deck officers and ratings with navigational watchkeeping duties - Ishihara test; and b. For engine officers and ratings performing watchkeeping duties in the engine room - Primary color perception test 10. Hearing and audiometry tests for all officers, deck/engine watchkeepers and radio officers 11. Speech clarity test for radio officers 12. Test for HIV antibodies, hepatitis-B antigen or VDRL when required bya country or destination VII. Validity Endorsement of Certificates shall be valid for five (5) years.

VIII. Schedule of Fees 1. Issuance of Endorsement of Certificates (including authentication) a. Regular Processing - P325.00 per issuance b. Expedite Processing - P700.00 per issuance 2. Replacement of Lost/ -Damaged Endorsement of P600.00 per issuance Certificate/Repatriation 3. Authentication of Certificates/ - P25.00 per type of document certificate/Documents IX. Administrative Fines and Penalties 1. Any seafarer that shall go onboard seagoing ship and/or a shipping company/manning/shipping agency, which shall allow a seafarer to go onboard/join a seagoing ship without an Endorsement of Certificates, shall be severally liable to pay the following fines: Shipping Seafarer Company/ Shipping/Manning Agency 1.1 First Offense P2,000.00 P10,000.00 1.2 Second Offense P3,000.00 P15,000.00 1.3 Third and Succeeding Offenses P5,000.00 P20,000.00 1.4 The liability of the seafarer, shipowner/ship operator, shipping/manning agent shall be equivalent to ½ of the aforecited penalties, if a seafarer goes on board with an Endorsement of Certificates, the validity of which is shorter than his/her contract of employment, or hwere there is failure on the part of the seafarer to hold at all times valid Endorsement of Certificates while on board.

2. A seafarer who shall submit any false statement or misrepresentation or fraudulent or tampered or irregularly issued Endorsement of Certificates, licenses or documents required for authentication or in the issuance of an Endorsement of Certificates shall be liable to pay the following fines: Succeeding First Offense Second Offense Offense(s)*Master Mariner P7,000.00 P14,000.00 P28,000.00 Chief Engineer P6,000.00 P12,000.00 P24,000.00 Chief Mate/ Second P5,000.00 P10,000.00 P20,000.00 Engineer Second Mate/Third P4,000.00 P8,000.00 P16,000.00 Engineer/Radio Officer Third Mate/ Fourth P6,000.00 P3,000.00 P12,000.00 Engineer Ratings and Others P2,000.00 P4,000.00 P8,000.00 This includes recommendation to appropriate government agency for suspension or disqualification to practice profession.

3. Shipowners/operators, manning/shipping agencies requesting the issuance of an Endorsement of Certificates for and in behalf of a seafarer shall be liable for the false statement or misrepresentation, fraudulent or spurious or tampered licenses, documents, certificates submitted, or where said shipowners/operators, manning/shipping agencies or any of their employees or liaison officers/messengers have consented or participated in the tampering/misrepresentation or in securing the questioned licenses, documents and/or certificates from any source: 3.1 First violation - P25,000.00 3.2 Second violation - P50,000.00 - P100,000.00 and recommendation for cancellation 3.3 Third & Succeeding of the company’s license by the appropriate government agency 3.4 In addition to the foregoing fines, the responsible official of the company or agency and employee, liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code.

4. Any seafarer/company found to have secured or in possession of fake or fraudulent Endorsement of Certificates/authentication shall be liable to pay the fine of P5,000.00 and shall be subject to criminal prosecution under the Revised Penal Code.

X. Repealing Clause Memorandum Circular No. 82 and any circular, regulation or any parts thereof inconsistent herewith are hereby repealed.

XI. Effectivity This Memorandum Circular shall take effect 15 days after its publication once in a newspaper of general circulation. By Authority of the Board:

(SGD.) RADM PIO H. GARRIDO, JR., AFP (RET) AdministratorSource: Supreme Court E-Library