MIA Memorandum Circular No. 129 (1998)

(NAR) VOL. 9 NO. 3 / JULY - SEPTEMBER 1998

[ MIA MEMORANDUM CIRCULAR NO. 129, July 15, 1998 ]

RULES ON THE ISSUANCE OF CERTIFICATES AND ENDORSEMENTS FOR NEW ENTRANTS IN ACCORDANCE WITH THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (STCW), 1978, AS AMENDED

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, and Executive Order No. 396 designating the Maritime Industry Authority (MARINA) as the lead agency in the Implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, the following rules in the issuance of Certificates and Endorsements are hereby prescribed: I Objective To ensure that all Philippine seafarers are properly certificated, qualified, competent and medically fit for the proper performance of functions onboard seagoing ships in accordance with the Convention.

II

Coverage These rules shall apply to all Philippine seafarers serving onboard seagoing ships who have commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999, except those onboard:

1. warships, naval auxilliaries 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.These rules shall also apply to those existing Philippine seafarers applying for the renewal or revalidation or replacement of lost/damaged Certificates and Endorsements under the 1995 amendments.

III

Definition of Terms For purposes of this Circular:

1. Administration refers to the MARINA pursuant to the Implementing Rules and Regulations of Executive Order No. 395.

2. Convention refers to the International Convention of Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. Reference to the Convention constitutes at the same time, reference to the Annex and the STCW Code.

3. New Entrants refer to all Philippine seafarers onboard seagoing ships who commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999.

4. Existing Seafarers refer to all Philippine seafarers serving onboard seagoing ships who had commenced approved seagoing service, an approved education and training programme or an approved training course prior to 01 June 1998.

5. Certificate refers to the STCW Certificate issued by the Administration authorizing the holder to serve as stated in this document.

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

7. Seagoing Ship means a ship other than those which navigate exclusively in inland waters or in waters within or closely adjacent to, sheltered waters or areas where port regulations apply.

8. Management Level means the level of responsibility associated with: — Serving as master, chief mate, chief engineer or second engineer officer onboard a seagoing ship; and — ensuring that all functions within the designated area of responsibility are properly performed.

9. Operational Level means the responsibility associated with: — serving as officer-in-charge of a navigational watch or as designated duty engineer for periodically unmanned machinery spaces or as radio operator onboard a seagoing ship; and— maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility.

10. Support Level means the level of responsibility associated with performing assigned tasks, duties, and responsibilities onboard a seagoing ship under the direction of an individual serving in the operational or management level.

IV

General Principles and Policies 1. All Philippine seafarers serving onboard seagoing ships shall be properly certificated in accordance with this Circular.

2. Certificates issued for masters and officers shall be endorsed by the Administration in a form prescribed under the Convention.

3. All existing seafarers with Certificates and Endorsements issued under the 1995 Amendments are deemed to have satisfied the qualification requirements set forth herein.

4. Application for issuance of Certificates and Endorsements and other documents shall be personally filed by the applicant. The application may, however, be filed, on behalf of the seafarer, by the duly authorized representative of the company in cases of renewal, replacement of lost or damaged Certificates, or promotion onboard.

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

6. Certificates under Chapters IV (Radiocommunication and Radio Personnel), or V (Special Training Requirements for Personnel on Certain Types of Ships, or VI (Emergency, Occupational Safety, Medical Care and Survival Functions) may be issued together with Certificates under Chapters II (Master and Deck Department) or III (Engine Department) of the Convention, or issued separately as appropriate. * 7. The Administration hereby adopts the following procedural framework in the issuance of Certificates and Endorsements. V Mandatory Minimum Qualification Requirements for Certification A. Master and Deck Department 1. Officers in Charge of a Navigational Watch on ships of 500 gross tonnage or more. Age Not less than 18 years old Medically fit particularly good eyesight and Medical hearingGraduate of Bachelor of Science in Marine Education Transportation (BSMT) Seagoing Service 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or 12 months approved apprenticeship/shipboard training documented in an approved Training Record Book which includes six months bridge watchkeeping duties. Must have passed the licensure examination Examination/License Third Mate Second Mate Regulation II/1 2. Masters and Chief Mates on ships of 3,000 gross tonnage or more Age Not less than 20 years old Medically fit particularly good eyesight Medical and hearing Education Graduate of Management Level Course Seagoing Service Master Chief Mate 36 months as officer in charge of a 12 months as officer in navigational watch; or 12 months as chief charge of a navigational mate and 12 months as officer in charge of watch. a navigational watch. Must have passed the licensure Examination/License examination Master Master Chief Mate Regulation II/2, para 1 & 2 3. Masters and Chief Mates on ships between 500 and 3000 gross tonnage. Age Not less than 20 years old Medically fit particularly good eyesight Medical and hearing Education Graduate of Management Level Course Seagoing Service Master Chief Mate 36 months as officer in charge of a 36 months approved navigational watch; or 12 months as seagoing service in the deck chief mate and 12 months as officer in department which includes charge of a navigational watch. six months bridge watchkeeping duties on board ships of 500 gross tonnage or more; or 12 months approved apprenticeship/shipboard training on board ships of 500 gross tonnage or more documented in an approved Training Record Book which includes six months keeping duties. bridge watchkeeping dutiesMust have passed the licensure Examination/License examination Master Master Chief Mate Regulation II/2, para 3 & 4 4. Officers in Charge of a Navigational Watch on Ships of Less than 500 Gross Tonnage Not Engaged on Near-Coastal Voyages Age Not less than 18 years old Medically fit particularly good eyesight Medical and hearing Graduate of Bachelor of Science in Marine Education Transportation (BSMT) Seagoing Service 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or 12 months approved apprenticeship/ shipboard training documented in an approved Training Record Book which includes six months bridge watch keeping duties Examination/License Must have passed the licensure examination Third Mate Second Mate Regulation II/3, para 1 5. Masters on Ships of less than 500 gross tonnage not engaged on near-coastal voyages. Age Not less than 20 years old Medically fit particularly good eyesight and Medical hearing Education Graduate of Management Level Course Seagoing Service 36 months as officer in charge of a navigational watch; or 12 months as chief mate and 12 months as officer in charge of a navigational watch Examination/License Must have passed the licensure examination Master Regulation II/3, para 2 6.Officers in charge of a navigational watch on seagoing ships of less than 500 gross tonnage engaged on near-coastal voyages. Age Not less than 18 years old Medically fit particularly good eyesight and Medical hearing Graduate of Bachelor of Science in Marine Education Transportation (BSMT) Seagoing Service 36 months approved seagoing service in the deck department which includes six monthsbridge watchkeeping duties; or 12 months approved apprenticeship/shipboard training documented in an approved Training Record Book which includes six months bridge watchkeeping duties. Examination/License Must have passed the licensure examination. Third Mate Second Mate Regulation II/3. para 3 and 4 7. Masters on Ships of less than 500 gross tonnage engaged on near-coastal voyages. Age Not less than 20 years old Medically fit particularly good eyesight and Medical hearing Education Graduate of Management Level Course Seagoing Service 12 months as officer in charge of a navigational watch Examination/License Must have passed the licensure examination Chief Mate duly endorsed Regulation II/3, para 5 and 6 8. Ratings forming part of a navigational watch Age Not less than 16 years old Medically fit particularly good eyesight and Medical hearing Education&Training Must have undertaken the Seafarers Deck Ratings Course including an approved seagoing service associated with navigational watchkeeping function of not less than 2 months or 6 months training and experience to include Basic Safety Course Seagoing Service As stated above Examination/License TESDA Certificate Regulation II/4 B. Engine Department 1. Officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room of 750 kW propulsion power or more. Age Not less than 18 years old Medically fit particularly good eyesight Medical and hearing Education Graduate of Bachelor of Science in Marine Engineering (BSMarE)Seagoing Service 6 months approved seagoing service in the engine department Examination/License Must have passed the licensure examination Fourth Engineer Third Engineer Regulation III/1 2. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3,000 kW propulsion power or more. Age Not less than 20 years old Medically fit particularly good eyesight Medical and hearing Education Graduate of Management Level Course Seagoing Service Chief Engineer Second Engineer 36 months as second engineer officer of 12 months approved sea-which not less than 12 months as an going service in the engineer officer in a position of engine department as responsibility while qualified to serve as assistant engineer officer second engineer or engineer officer. Must have passed the licensure Examination/License examination Chief Marine Engineer Second Marine Engineer Regulation III/2 3. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power. Age Not less than 20 years old Medically fit particularly good eyesight Medical and hearing Education Graduate of Management Level Course Seagoing Service Chief Engineer Second Engineer 24 months as second engineer officer of 12 months approved which not less than 12 months as an seagoing service in the engineer officer in a position of engine department as responsibility while qualified to serve as assistant engineer officer second engineer. or engineer officer. Must have passed the licensure Examination/License examination Chief Marine Engineer Second Marine Engineer Regulation III/3, para 1 & 2 4. Chief engineer officer on ships powered by main propulsion machinery of less than 3,000 kW propulsion power. Age Not less than 20 years old Medically fit particularly good eyesight and Medical hearing Education Graduate of Management Level CourseSeagoing/Service 12 months approved seagoing service in the engine department as assistant engineer or engineer officer on ships powered by main propulsion of 3,000 kW propulsion power or more. Examination/License Must have passed the licensure examination Second Marine Engineer duly endorsed Regulation III/3, para 3 5. Ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room Age Not less than 16 years old Medically fit particularly good eyesight and Medical hearing Education&Training Must have undertaken the Seafarers Engine Ratings Course including an approved seagoing experience with watchkeeping function of 2 months in the engine department or 6 months training and experience to include Basic Safety Course Seagoing Service As stated above Examination/License TESDA Certificate Regulation III/4 C. Radiocommunication and Radio Personnel 1. Radio personnel on ships not required to comply with the provisions of the GMDSS Age Not less than 18 years old Medically fit particularly good eyesight and Medical hearing Education&Training Must have undertaken the following:

1. Radio Operator’s Course; and 2. Basic Safety Courses Not required to comply with the provisions Seagoing Service of GMDSS Ship’s Restricted Radio Operator’s Examination/License Certificate Regulation IV/1 2. GMDSS Radio Personnel Age Not less than 18 years old Medically fit particularly good eyesight and Medical hearing Education&Training Must have undertaken the GMDSS Course Seagoing Service Not required to comply with the provisions of GMDSSExamination/License General Operator’s Certificate Regulation IV/2 D. Special Training Requirements for the Training and Qualification of Masters, Officers and Ratings on Tankers Requirements Officers in Charge and Master, Chief Engineer Deck/Engine Rating Officer, Chief Mate, Second Engineer Officer and any person with immediate responsibility for loading, discharging and care in transit (pumpman/ cargo engineers) Training/Seagoing 1. Shore-based fire-fighting Relevant Specialized Training and Program on Oil Tanker, Chemical Tanker or Liquefied Gas Tanker 2. General Tanker 1. Shore-based fire-fighting; and Familiarization Course; or 2.1. at least three months 2. General Tanker approved seagoing service on Familiarization; or tankers; or 2.2. at least one month 2.1 at least three months supervised seagoing service approved seagoing service on provided that: tankers; and 2.2.1 The tanker is less than 3. Relevant specialized 3,000 gross tonnage; training program on oil tanker, chemical tanker or liquefied gas tanker. 2.2.2 the duration of each 4. Must have at least 3 voyage on which the tanker is months approved experience engaged during the period appropriate to their duties on does not exceed 72 hours; and type of tanker on which they serve. 2.2.3 the operational characteristics of the tanker and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired. Regulation Reg. V/1, para 1 Reg. V/1, para 2 E. Special Training Requirements for the Qualification of Masters, Officers, Ratings and Other Personnel on Ro-Ro Passenger Ships Position Training Regulation Masters, officers, and other 1. Crowd Management V/2. para 4 personnel Masters, officers, and other 2. Familiarization V/2, para 5 personnelPersonnel providing direct 3. Safety Training V/2, para 6 service to passengers in passenger spaces Masters, officers, and 4. Passenger Safety, Cargo V/2. para 7 personnel Safety and Hull Integrity Masters, Officers, and other 5. Crisis Management and V/2, para 8 personnel Human Behavior F. Emergency, Occupational Safety, Medical Care and Survival Functions Masters, officers and deck/engine ratings Training 1. Survival craft and rescue boats; and 2. Fast rescue boats (if applicable) Regulation VI/2, para 2 G. Additional Mandatory Training Requirements Position Training Course Regulation All seafarers Basic Safety VI/1 Masters and Chief Advanced Fire Fighting VI/3 Mates Medical Care GMDSS VI/4, par. 2 IV/2 Officers in Charge Advanced Fire Fighting VI/3 Medical First Aid GMDSS VI/4, par. 1 IV/2 Chief Engineers and Advanced Fire Fighting VI/3 Medical First Aid VI/4, par. 1 VI Documentary Requirements [1] B. Renewal/Revalidation C. Replacement of A. New Lost/Damaged Certificate 1. Duly accomplished 1. Duly accomplished 1. Duly accomplished application form application form application 2. Valid PRC and/or NTC 2. Previously issued certificate 2. Affidavit Certificates 3. Photocopy of medical 3. Photocopy of medical 3. Proof of previously issued [2] [2] certificate certificate certificate 4. SIRB-one photocopy each 4. Photocopy of SIRB of pages one and two and all reflecting sea service with at other pages reflecting sea least one year within the last service (In case of lost/ five years. damaged SIRB, any acceptable substitute documentary proof of sea service and affidavit shall be required) 5. Training certificates as appropriateVII Validity of Certificate The Certificate and Endorsement shall be valid for five (5) years from date of Issuance. Renewal/Revalidation of Certificate and Endorsement shall be in compliance with Regulation 1/11 of the Convention.

VIII

Schedule of Fees 1. New issuance of Certificate/Renewal Revalidation a. Regular Processing - P 500.00 per issuance b. Expedite Processing - P 700 per issuance 2.Replacement of Lost/Damaged Certificates -P 600 per certificate 3. Authentication of Certificates/Documents -P 25.00 per certificate/type of document IX Administrative Penalties/Measures 1. Any seafarer who shall go onboard a seagoing ship, and/or a shipping company/manning/shipping agency which will allow a seafarer to go onboard/join a seagoing ship without holding a Certificate appropriate to his function as required by the Convention shall be held jointly and severally liable as follows: Seafarer Manning Agency Shipping Company First P 2,000.00 P 10,000.00 P 15,000.00 Violation Second P 3,000.00 P 15,000.00 P 25,000.00 Violation Third and P 5,000.00 P 20,000.00 P 50,000.00 Succeeding Violation 2. A seafarer who shall misrepresent, or submit any false statement, fraudulent or tampered or irregularly issued licenses in the application for the issuance of Certificate shall be liable to pay the following fines: Position/ First Second Third and Succeeding Violation Master P 7,000.00 P 14,000.00 P 28,000.00 Mariner Chief P 6,000.00 P 12,000.00 P 20,000.00 Engineer Chief Mate/ P 5,000.00 P 10,000.00 P 20,000.00 Second EngineerSecond Mate/ P 4,000.00 P 8,000.00 P 16,000.00 Third Engineer/ Radio Officer Ratings and P 2,000.00 P 4,000.00 P 8,000.00 Others 2.1 Penalties for third and succeeding violations shall include recommendation to appropriate government agency for suspension or disqualification to practice profession 3. Any seafarer/company found to have secured or in possession of fake or fraudulent Certificate or has obtained said Certificate by fraud, shall be liable to pay the aforecited fines and shall be subject to criminal prosecution under the Revised Penal Code.

4. Shipowners/operators manning/shipping agencies requesting the issuance of Certificates for and in behalf of seafarers shall be liable for the false statement or misrepresentation, fraudulent or spurious or tampered licenses, or documents submitted where said shipowners/operators, manning/shipping agencies or any of their employees or liaison officers/messengers have consented or participated in the misrepresentation or in tampering/securing the questioned licenses, and/or documents from any source: First violation P 25,000.00 Second Violation P 30,000.00 Third and Succeeding violations P 100,000.00 and recommendation for cancellation of the company’s license issued by appropriate government agency 4.1 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. 4.2 The above penalties shall not prejudice other actions taken or to be taken by other concerned agencies/entities.

5. Shipping companies, shipping agencies and manning agencies shall be required to post or cause the posting of this Circular in conspicuous places in their offices and onboard vessels with Philippine seafarers employed. X Repealing Clause Any circular, rules, issuances, or any part thereof inconsistent herewith are hereby repealed. XIEffectivity This Memorandum Circular shall take effect immediately after its publication once in a newspaper of general circulation. Adopted: 15 July 1998 BY AUTHORITY OF THE BOARD:

(SGD.) AGUSTIN R. BENGZON Administrator * See Appendix 3 [1] The original copies of pertinent documents or their authenticated copies must be available for verification purposes. [2] Medical certificate must have been issued within the current year and shall cover the following:

1. Complete physical examination 2. Chest X-ray using plates not smaller than 11 "x14" 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 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 by a country or destination