MIA Memorandum Circular No. 151 (1999)

(NAR) VOL. 10 NO. 4 / OCTOBER - DECEMBER 1999

[ MIA MEMORANDUM CIRCULAR NO. 151, October 15, 1999 ]

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) through the Instrument of Accession dated 11 January 1984 and pursuant further to Section 2, Article 11 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 onboard seagoing ships in accordance with the Convention.

II. COVERAGE

These guidelines shall apply to all Filipino seafarers serving onboard seagoing ships, except to those onboard:

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; training certificates issued by other flag states shall likewise be recognized provided they have beenapproved by the Maritime Training Council (MTC);

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. Endorsement 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;

7. Relevant Capacity means the same position as reflected in the endorsement;

8. Cross Entry means the recognition of training certificates issued by other flag states.

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 case 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 sea-going 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 authenticated by MARINA as part of the evaluation process. However, a separate authentication of certificates/documents can be undertaken as may be necessary.7. Retraining shall be required of a 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. Promotions on board may likewise be filed on behalf of the seafarer provided it is a position which requires an STCW endorsement.

9. The Administration reserves its authority to modify the requirements in the issuance of endorsement of certificates/authentication in accordance with the Convention in cases deemed meritorious.

V. QUALIFICATION REQUIREMENTS

A. Deck Department 1. Minimum Requirements for Masters, Chief Mates and Officers in Charge of a Navigational Watch on Ships of 200 GRT or more 1 OFFICER IN CHARGE OF A NAVIGATIONAL REQUIREMENTS MASTER WATCH (Second Master/Third Mate Age At least 20 years old At least 18 years old Certified medically fit, particularly regarding good Medical eyesight and hearing Must have passed the equivalent licensure Examination/ License examination for officer in charge of navigational watch Must have undertaken the following training courses: Training 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) Regulation Regulation II/3 Note: 1 As per Regulation 1/15 (Transitional Provisions) of 1978 STWC Convention, as amended, the Party may, at its discretion, replace tonnage limitations apearing on the original certificate — "200 GRT" may be replaced by "500 GT".

2. Minimum Requirements for Masters and Officers in Charge of a Navigation Watch on Ships of Less 200 GRT a. Ships Not Engaged on Near-Coastal Voyages REQUIREMENTS MASTER OFFICER IN CHARGE OF A NAVIGATIONALWATCH (Second Master/Third Mate Age At least 20 years old At least 18 years old Certified medically fit, particularly regarding good Medical eyesight and hearing Must have passed the equivalent licensure Examination/ License examination for officer in charge of navigational watch Must have undertaken the following training courses: Training 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) Regulation Regulation II/3 b. Ships Engaged on Near-Coastal Voyages REQUIREMENTS OFFICER IN CHARGE OF A NAVIGATIONAL MASTER WATCH (Second Master/Third Mate Age At least 20 years old At least 18 years old Certified medically fit, particularly regarding good Medical eyesight and hearing Must have passed the equivalent licensure Examination/ License examination for officer in charge of navigational watch Must have undertaken the following training courses: Training 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) Regulation Regulation II/3 3. Minimum Requirements for Ratings Forming Part of a Navigational Watch on a Seagoing Ship of 200 GRT or More BASIC SEAMAN UNDERGRADUATE TRAINING OR NON- BSMT/AMT/CMT REQUIREMENTS COURSE GRADUATE OF GRADUATES (BSTC) (Deck MARITIME Watchkeeping) COURSES GRADUATES Age At least 18 years old Certified medically fit, particularly regarding good eyesight Medical and hearingMust have undertaken the Must have undertaken the Basic Safety Courses following training courses:

(BSC) 1. Basic Safety Course (BSC);

2. Deck Watchkeeping Course (DWK) 1. 12 months seagoing 12 months seagoing service in service in the deck the deck department which department which includesincludes six months six months navigational navigational watchkeeping watchkeeping duties; or duties Seagoing Service 2. 12 months approved apprenticeship training Regulation Regulation II/6 Note: Must submit a copy of diploma or transcript of records from maritime school 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 OFFICER IN CHIEF SECOND CHARGE OF A REQUIREMENTS ENGINEER ENGINEER WATCH (Third Engineer/Fourth Engineer Age At least 20 years old Certified medically fit, particularly regarding good Medical eyesight and hearing Must have passed the licensure examination for: Third Examination/License Chief Engineer Second Engineer Engineer/Fourth Engineer Training Must have undertaken Basic Safety Courses (BSC) Regulation III/2 (Ship powered by main propulsion machinery of Regulation III/4 3,000 kW propulsion power or more Regulation Regulation III/3 (Ship powered by main propulsion machine of between 750 and 3,000 kW propulsion power) 2. Minimum Requirements for Ratings forming Part of an Engine Room Watch GRADUATES OF MARINE HIGH SCHOOL REQUIREMENTS ENGINEERING COURSES GRADUATES (BSMarE/AME/CME) 1Age At least 18 years old Certified medically fit, particularly regarding good Medical eyesight and hearing Must have undertaken the following training courses: Must have undertaken the 1. Basic Safety Training Basic Safety Courses (BSC) Courses (BSC);

2. Engine Watchkeeping Course (EWK) 18 months seagoing 12 months seagoing service in Seagoing Service service in the engine the engine room room Regulation Regulation III/6 Note: 1. Must submit a copy of diploma or transcript of records from maritime school and Special Order (S.O.) issued by DECS/CHED *. Sea service on board the engine department of fishing vessels of 750 kw and above may be considered.

C. Radio Department Mandatory Minimum Requirements for Radio Officers REQUIREMENTS RADIO OFFICER Age At least 18 years of age Certified medically fit, particularly Medical regarding good eyesight, hearing and speech Must have passed the licensure examination for General Operator (GOC) or First Class Radiotelegraph Operator License (1RTG) Regulation Regulation IV/1 D. Special Ratings Ratings such as Electrician, Electronic Technician, Pumpman, Reeferman, Machinist, etc., are considered as Special Ratings. They are categorized separately from the traditional ratings for they are concerned only on certain and highly specialized tasks.This group of ratings pays special attention to the maintenance and support of all machinery, pneumatic systems. In such cases, the MARINA may issue to an applicant a Rating’s Certificate provided he complied with the aforecited qualification requirements. Certificates for deck and engine watchkeeping being required of non-graduates of maritime courses shall be updated every five (5) years for those holding special ratings positions.

E. Special Requirements for Tankers To qualify for the additional Regulation under Chapter V of the Convention, the following requirements, seafarers must have completed a Shore-based Firefighting Course; and 1. For Masters, Officers and Ratings of Oil Tankers MASTER, CHIEF OFFICERS IN ENGINEER, CHIEF REQUIREMENTS CHARGE AND MATE AND SECOND RATINGS ENGINEER 1. General/Oil Tanker 1. Six months shipboard Familiarization service on oil tanker; and Course; or Advanced/Specialize Oil Tanker Course Training/Sea-going service 2. Six months supervised shipboard 2. One (1) year shipboard service on oil tanker service on oil tanker in a relevant capacity in the last five (5) years 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. Six months shipboard Tanker Familiarization service on chemical Course; or tanker and Advanced/ Specialized Chemical Tanker Course; or Training/Sea-going service 2. Six months supervised shipboard service on oil tanker 2. One (1) year shipboard service on chemical tanker in a relevant capacity in the last five (5) yearsRegulation 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/Chemical 1. Six months shipboard Tanker Familiarization service on chemical Course; or tanker and Advanced/ Specialized Chemical Tanker Course; or Training/Sea-going service 2. Six months supervised shipboard service on oil tanker 2. One (1) year shipboard service on chemical tanker in a relevant capacity in the last five (5) years Regulation Regulation V/3

V. LONG ABSENCE

STCW endorsement of certificates under regulation II/5 and III/5 may be issued to deck or engine officers who intend to return to sea after a period ashore but who have not had approved seagoing service as deck or engine officers of at least one year during the preceding five (5) years, provided they comply with the following requirements:

1. Approved training in Advance Safety Course, MARPOL and specialized training, if applicable;

2. Equivalency/substitutes for approved sea-service under any of the following: 2.1 performed function as any of the following during the last five (5) years as: 2.1.1 Maritime Instructor, or 2.1.2 Ship Surveyor/inspector, or 2.1.3 Port Captain/Port Engineer/Training Director, 2.1.4 Maritime Safety Officer, or 2.1.5 Marine Superintendent, or 2.1.6 Other related functions2.2 completed approved courses on 2.2.1 For Master and Chief Mate 2.2.1.1 Shiphandling Course, and 2.2.1.2 GOC 2.2.2 For Second Mate and Third Mate 2.2.2.1 ROC, and 2.2.2.2 RSC, and 2.2.2.3 GOC 2.2.3 For Chief Engineer and Second Engineer 2.2.3.1 Control Engineering, and 2.2.3.2 Marine Electrotechnology 2.2.4. For Third Engineer and Fourth Engineer 2.2.4.1 Control Engineering, and 2.2.4.2 Introduction to Marine Electrotechnology 2.3 Completed approved seagoing service 2.3.1 For deck officers — approved seagoing service as deck officers for a period of no less than three (3) months in a supernumerary capacity. 2.3.2 For engine officers — approved seagoing service as engineer officers for a period of not less than three (3) months in a supernumerary capacity or in a lower rank than that for which he holds the certificates; and 3. All other applicable requirements under this Circular.

VI. DOCUMENTARY REQUIREMENTS (All original documents, if applicable must be presented for verification purposes) REPLACEMENT OF A. NEW/UPGRADING B. RENEWAL LOST/DAMAGED CERTIFICATE 1. Duly accomplished 1. Duly accomplished 1. Duly accomplished application application form application form 2. Certified true copy of 2. Photocopy of valid 2. Affidavit valid PRC and/or NTC medical certificate License 3. Photocopy of valid 3. Previously issued 3. Photocopy of valid medical certificate Endorsement medical certificate* Certificate4. SIRB - one photocopy 4. Photocopy of SIRB 4. Proof of previously each of pages one and two reflecting sea service issued Endorsement of and all other pages reflecting with at least one year Certificate sea service (in case of within the last five lost/damaged SIRB, any years acceptable substitute documentary proof of sea service and affidavit shall be required) 5. Photocopy of each training certificate required *Medical Certificate 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 primary color perception:

a. For deck officers and rating with navigational watchkeeping duties; and b. For engine officers and ratings performing watchkeeping duties in the engine room.

10. Hearing and audiometry test 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

VII. VALIDITY

Endorsement of Certificates shall be valid up to 31 January 2002.

VIII. SCHEDULE OF FEES1. 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/ — P600.00 per issuance Damaged Endorsement of Certificate/Repatriation 3. Authentication of Certificates/ — P25.00 per certificate / Documents type of document

IX. ADMINISTRATIVE FINES AND PENALTIES

1. Any seafarer that shall go onboard a 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: Seafarer Shipping 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, ship owner/ship operator, shipping / manning agent shall be equivalent to ½ of the aforecited penalties, if a seafarer goes onboard with an Endorsement of Certificates, the validity of which is shorter than his/her contract of employment, or where there is failure on the part of the seafarer to hold at all times valid Endorsement of Certificate while on board.

2. A seafarer who shall submit any false statement or misrepresentation or fraudulent or tampered or irregularly issued certificates, licenses or documents required for authentication or in the issuance of an Endorsement of Certificates shall be liable to pay the following fines: FIRST SECOND SUCCEEDING OFFENSE 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 EngineerP5,000.00 P10,000.00 P20,000.00 Second Mate/Third P4,000.00 P8,000.00 P16,000.00 Engineer/Radio Officer Third Mate/Fourth Engineer P3,000.00 P6,000.00 P12,000.00Ratings 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. Ship owners/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 ship owners/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 3.3 Third & Succeeding - P100,000.00 and recommendation for cancellation 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 Certificate/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. 126 and any circular, regulation or any parts thereof inconsistent herewith are hereby repealed.

XI. EFFECTIVITY

This Memorandum Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation. Adopted: 15 October 1999

(SGD.) AGUSTIN R. BENGZON AdministratorSource: Supreme Court E-Library