[ MIA MEMORANDUM CIRCULAR NO. 41, January 20, 1988 ]

GUIDELINES FOR THE ISSUANCE OF ENDORSEMENT OF CERTIFICATES AND RATINGS CERTIFICATE IN COMPLIANCE WITH THE REQUIREMENTS OF THE STCW 1978 CONVENTION



Please be informed that in its meeting on 20 January 1988, the Board approved the following guidelines for the issuance of certificates pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978 which was acceded to and deposited with the International Maritime Organization (IMO) by the Philippine Government on 11 January and 22 February 1984, respectively, and Executive Order Nos. 125 and 125-A, to wit:

A
Scope and Coverage

1.  Officers

a.    All officers who were issued certificate of competency or license by the Professional Regulations Commission (PRC) and by the National Telecommunications Commission (NTC) in the case of Radio Officers and have served it before 22 May 1984, (the date the Convention entered into force for the Philippines) said certificate shall be considered as valid after entry into force of the Convention and may be issued an Endorsement of Certificates for the same position.

b.    All officers who had commenced sea service before the Convention entered into force but were issued certificate or license by the PRC or NTC after entry into force, said certificate, shall be considered as valid and may likewise be issued an STCW Endorsement for the upgraded position.  However, succeeding upgrading of license will have to conform with the STCW requirements which means that they have taken and have passed the upgrading courses/modules packaged and conducted for deck and engine marine officers by the National Maritime Polytechnic (NMP) at Tacloban, Leyte, in particular.

c.    All other officers who had commenced sea service and were issued certificates of competency or licensees after entry into force of the Convention shall take the upgrading courses/modules packaged and conducted for deck and engine marine officers by the NMP at Tacloban, Leyte before endorsement of their certificate can be made.

2.  Ratings

a.    Only seamen performing deck or engine watchkeeping duties shall be certified/endorsed.

b.    Those ratings who have served watchkeeping duties for a period of not less than one (1) year within the last five (5) years preceeding 22 May 1984 shall be qualified for certification/endorsement.

3.  Certificates Issued

1.       Certificate of Endorsement

a.    All officers - deck, engine, and radio - shall be required to have their license endorsed by Maritime Industry Authority (MARINA) provided they present together with the license their health certificates, from a MARINA-recognized/accredited hospitals, seaman's book for the required sea service, request from employer, crew's contract or certification from employer that they are line-up for employment, the required STCW certificates and other requirements as may be deemed by MARINA.

b.    Officers and ratings who are to have specific duties and responsibilities in connection with cargo and cargo equipment on oil, chemical, or liquefied gas tankers shall take and complete a specialized training program appropriate to their duties and type of ship they are to board. Certificates obtained from special training shall have to be endorsed by MARINA.

2.       Rating's Certificate

Only seafarers forming part of navigational or engine watch shall be Issued the Rating's Certificate, provided they comply with the following requirements:

a.    At least 18 years of age

b.    Must have passed a thorough physical examination with emphasis on hearing and eyesight from a MARINA-accredited recognized hospital/clinic.

c.    Must be a holder of BSMT or NAME degree (except for ratings falling under B.2 of above).

d.    Must have served on board vessels of more than:

250 GRT - in deck dept. for six (6) months as part of navigational watch.

750 kw. - in engine dept for one (1) year as part of engine watch.

e.    Must have knowledge or training in the requirements of Regulation II/6 or III/6 (except for ratings under B.2. of above)

f.     Other requirements as may be deemed necessary by MARINA.

C
Professional Enhancement

Every deck and engine officer holding a Certificate who (a) is serving at sea or (b) one who intends to return to sea after a period ashore shall be required every five (5) years to attend a MARINA approved special training course, as appropriate to his experience and duties, to ensure continued proficiency and updating of knowledge.

D
Applicant

1.  Seafarers seeking endorsement or certification may apply in person provided they submit the required documents to MARINA.

2.  Shipping companies and manning agencies, through their liaison officers, shall be permitted to apply in behalf of their seafarers provided they submit the required documents.  In case the seafarers being applied for, are employed on board ships and the documents to be submitted to MARINA are not complete, the applicant-company shall be required to execute an affidavit guaranteeing the authenticity of documents of their seafarers, and they will present the needed documents on agreed date.  Otherwise, a penalty as stipulated therein shall be paid by applicant-company to MARINA if documents are not presented at the agreed time.

E
Fees and Fines

1.  Any person who submits any false statement or misrepresentation in his application, fraudulent certificates, or documents shall be disqualified to practice his profession, and be liable to criminal prosecution and Administrative penalty of P50 ,000.00.

2.  Shipping companies or manning agencies requesting or recommending endorsement for or in behalf of a particular seaman shall be held responsible for the document submitted to this Authority and if any of which is found to be spurious, the company will be made liable as follows:

First Infraction

-

Administrative penalty P100,000

Second Infraction

-

Administrative penalty of P200,000

Third Infraction

-

Administrative penalty of P300,000 and suspension of Companies' License for one (1) month

Fourth Infraction

-

Cancellation of company's license by the proper agency upon recommendation of MARINA

E
Schedule of Fees

1.  Issuance of endorsement certificate including authentication of documents     P200.00 per certificate issued

Strict compliance herewith is hereby enjoined.

This Memorandum Circular shall take effect fifteen (15) days after publication in the Official Gazette.

Adopted: 20 Jan. 1988

(SGD.) PHILIP S. TUAZON
Administrator  
(SGD.) RAINERIO O. REYES
Secretary of Transportation and Communications

(SGD.) MANUEL C. DOMINGO
Chairman Maritime Industry Board