Pursuant to Section 12 Paragraph (j) of Executive Order No. 125-A and in conformity with the applicable provisions of the Seafarer ™s Identity Documents Convention, 1958, (ILO Convention No. 108), these revised guidelines on the issuance of Seafarer ™s Identification and Record Book (SIRB) are hereby adopted:

I. OBJECTIVES

1. To establish a system for the efficient and effective provision of an identification document for Filipino seafarers;
   
   
2. To maintain a complete and continuing record of a Filipino seafarer ™s services on board ships;
   
   
3. To prescribe the policies and minimum requirements in the issuance of SIRB; and
   
   
4. To adopt the provisions of ILO Convention No. 108.
   

II. COVERAGE

These rules shall apply to the following persons:

1. Every seafarer as defined herein and who is engaged in any capacity on board a Philippine-flagged ship 35 GT and above;
   
   
2. Any Filipino seafarer who is engaged in any capacity on board any foreign-flagged ship; and
   
   
3. Any person who is pursuing in a Philippine maritime institution, a seafaring course which requires a certificate of competency.

The following are exempted from the application of these rules:

1. Personnel on board warships/naval vessels/naval auxiliaries; and
   
   
2. Personnel on board ships below 35 GT.

In the case of personnel on board government-owned/operated ships not engaged in commercial activity, the SIRB shall be optional.

III. DEFINITION OF TERMS

1. Administration - refers to the Maritime Industry Authority (MARINA);
   
   
2. Seafarer ™s Identification and Record Book (SIRB) - refers to a document issued by the Administration to all Filipino seafarers and others including cadets who render services on board ships;
   
   
3. Seafarers - refer to the ship officers and ratings manning ships, including offshore workers, service providers and fishermen as herein defined;
   
   
4. Ship Officers - refer to the duly certificated and/or licensed deck, engine and radio officers;
   
   
5. Radio Officers - refer to persons holding an appropriate license issued by the concerned agency pursuant to existing Radio Regulations;
   
   
6. Ratings - refer to crew other than officers;
   
   
7. Offshore Workers - refer to the personnel deployed in oil rigs/offshore drilling/dredging/production platform/auxiliaries, floating power barges/seismic operations and other similar contrivance;
   
   
8. Service Providers - refer to the personnel on board commercial ships who provide services other than those that relate to navigation, marine engineering, radio telecommunications, and other technical jobs;
   
   
9. Fishermen - refer to the personnel on board fishing vessels, participating in the preparation/maintenance of fishing gears, equipment/devices, fish catching, loading and processing of catch;
   
   
10. Cadets - refer to the student learners (deck or engine) performing on-the-job training on board ships.

IV. GENERAL PROVISIONS

1. It shall be mandatory for all those covered under Regulation II of these Rules to secure a Seafarer ™s Identification and Record Book (SIRB).
   
   
2. All maritime enterprises operating Philippine-flagged ships shall ensure that seafarers on board such ships possess SIRB.
   
   
3. Filipino seafarers employed in foreign-flagged ships shall be required to secure and possess a valid SIRB pursuant to the provisions of these rules, notwithstanding the fact that an equivalent identity document has been issued to them by the flag state.
   
   
4. The SIRB shall remain in the seafarer ™s possession at all times.
   
   
5. Application for the issuance of SIRB shall be personally filed by the applicant. However, a seafarer who is on board may be allowed to file his application of SIRB through a duly authorized representative.
   
   
6. The Administration may upon the request of maritime schools/institutions situated outside Metro Manila, dispatch a MARINA-SIRB Mobile Team for on-site processing.

V. SPECIFIC PROVISIONS

1. SIRB shall be categorized as follows:
   

   1.1    SIRB for shipboard employment; or
   
   1.2    SIRB for shipboard training.
   
   Provided that for shipboard employment, the following limitations shall be so indicated in the SIRB, when necessary:
         

   *Fishermen

   * Bay and River

   * Offshore

   
   

2. SIRB issued for shipboard apprenticeship/training shall not be used for employment purposes.
   
   
3. The SIRB shall be valid for five (5) years except in the following cases:
   

   3.1    Where the application involves a seafarer who is still on board, the validity of the SIRB shall be up to a maximum of one (1) year; or
   
   3.2    When the SIRB issued is for shipboard apprenticeship/training, the validity of the SIRB shall be 18 months.
   

4. As a general rule, an applicant for SIRB shall have the following qualifications:
   

   4.1    At least a high school graduate, provided that an applicant who has not completed secondary education may be issued SIRB if he is:
   

   4.1.1    a service provider or
   
   4.1.2    a seafarer already on board at the time these regulations become effective; or
   
   4.1.3    a seafarer who has rendered at least six months sea service.
   

   4.2    At least 18 years old at the time of application, except for an engine/deck cadet applying for the issuance of SIRB for shipboard apprenticeship training who must be at least 16 years old at the time of application;
   
   4.3    Must have undertaken Basic Safety Course, provided, that domestic fishermen are exempted from this basic requirement.

5. The following documents shall be submitted upon application for the issuance of SIRB:
   

   5.1    New Application
   
   5.1.1 Birth Certificate duly authenticated/issued by the National Statistics Office (NSO) or Local Civil Registrar.  In the absence of a Birth Certificate, passport or an affidavit executed by two (2) disinterested persons, attesting to the circumstance of the birth of the applicant (name, date, place, etc.) shall suffice.
   
   5.1.2 NBI Clearance (for travel abroad or local employment, as the case may be).  Police and Barangay clearances can be accepted in lieu of the NBI clearance for domestic fishermen.
   
   5.1.3 Basic Safety Course Certificate;
   
   5.1.4  Two (2) latest colored head photographs with white background, 3.5 cm. x 4.5 cm. uncapped, signed by the applicant at the back.  For ship officers and graduates of BSMT/AMT/BSMarE/AME, the appropriate uniform and corresponding shoulder board must be worn.  Other applicants should wear shirts with collar;
   
   5.1.5  Documentary Stamps;
   
   5.1.6  In addition to the foregoing documentary requirements, the following shall be submitted:
   

   1.    For licensed ship officers:
   
   Authenticated valid PRC NTC License or PRC/NTC ID
   
   2. For graduates of BSMT/AMT/BSMarE/AME and Seafarers (Ratings) Course:
   
   Photocopy of Diploma with Special Order (S.O.)/Certification, Authentication and Verification (CAV) or Photocopy of Transcript of Records with S.O./C.A.V.
   
   3. For High School Graduates:
   
   High School Diploma/Form 137 and CAV or Incontrovertible proof that the applicant has completed secondary education.
   
   4.    For Engine/Deck Cadets:
   
   Letter-request from the school and Transcript of Records.
   
   5.    For applicant who have not completed Secondary education (Service Providers and Fishermen):
   
     Any of the following:
   
   .5.1      Certificate of Specialized Training Skill;
   .5.2      Letter-request from the contracting/shipping company;
   .5.3      Signed Employment Contract/Certificate of Employment;
   .5.4      Artist Record Book (POEA);
   .5.5      Fisherman ™s License (BFAR);
   .5.6      Attestation of relevant skill or employment by the head of a local government unit.

   5.2  Revalidation of SIRB
   

   5.2.1  NBI clearance;
   
   5.2.2  Valid National Assessment Center (NAC) assessed Basic Safety Course Certificate or STCW Certificate;
   
   5.2.3  One (1) colored photograph.
   
   5.3  Replacement of SIRB
   
   5.3.1    Filled-up SIRB
   
   .1         Previously issued SIRB;
   .2         Valid NAC assessed Basic Safety Course or STCW certificate;
   .3         PRC or NTC authenticated copy of license;
   .4         NBI Clearance;
   .5         Two (2) latest colored head photographs with white background, 3.5 cm. x 4.5 cm., uncapped, signed by the applicant at the back. For ship officers and graduates of BSMT/AMT/BSMarE/AME, the appropriate uniform and corresponding shoulder board must be worn. Other applicants should wear shirts with collar;
   .6         Documentary stamps.
   

   5.3.2    For lost/damaged SIRB*
   

   .1         Damaged SIRB
   .2         Valid NAC assessed Basic Safety Course or STCW Certificate, as applicable
   .3         Authenticated copy of PRC/NTC License
   .4         NBI Clearance, as appropriate
   .5         Photographs described under 5.3.3.3
   .6         Service Record from last year employer;
   .7         Duly notarized Affidavit of Loss.
   
   _{* For SIRB Lost/Damaged abroad
       1.         Letter request from the shipping/manning agency accompanied by:
           a. Certified true copy of POEA approved employment contract
           b. Crewlist duly signed by the Master and Confirmation by the
                    Master of the SIRB loss/damage
           c. Affidavit of Loss by the seafarer
           d. Photographs described under 5.3.3.3.}
   

   5.3.3    On Board Application
   

   .1         Letter request from the company/agency;
   .2         Photocopy of SIRB;
   .3         Two (2) latest colored head photographs with white background, 3.5 cm. x 4.5 cm., uncapped, signed by the applicant at the back. For ship officers and graduates of BSMT/AMT/BSMarE/AME, the appropriate uniform and corresponding shoulder board must be worn. Other applicants should wear shirts with collar;
   .4         Documentary stamps.

6. For recently disembarked crew, company clearance is acceptable, in lieu of NBI clearance provided that the application for revalidation/replacement is filed within ten (10) days upon arrival.
   
   
7. An application to expedite processing shall be entertained upon submission of a letter-request from the hiring company/manning agency/applicant.
   
   
8. Foreign nationals who finished the three (3) year theoretical requirements of a maritime course recognized by the Commission on Higher Education (CHED) may be issued SIRB for the purpose of shipboard apprenticeship/training.
   
   
9. The SIRB to be issued by the Administration shall include the following information:
   

   9.1    Name and title of the issuing officer;
   9.2    Date and Place of Issue;
   9.3    Particulars concerning the seafarer:
   
   9.3.1    Full name (first and last name, if applicable);
   9.3.2    Date and Place of Birth
   9.3.3    Nationality
   9.3.4    Physical characteristics;
   9.3.5    Photograph
   9.3.6    Signature.
   

1. All shipping companies/manning agencies covered by this Circular shall ensure:
   
   a.      that all Filipino seafarers on board Philippine-flagged ships shall hold valid SIRB at all times, appropriate to their position;
   
   b.      that all Filipino seafarers deployed in foreign-flagged ships shall likewise hold valid SIRB at all times, notwithstanding than an equivalent identity document has been issued to them by the flag state;
   
   c.       that all seafarers must be in possession of SIRB, the validity period of which is sufficient to cover his/her contract onboard;
   
   d.      the genuineness and authenticity of all documents and supporting papers of every seafarer where the application is endorsed by the shipping company/manning agency; and
   
   e.      that the seafarers shall be engaged/shall provide services with due regard to the applicable limitations specified in the SIRB.
   
   
2. All seafarers covered by this Circular shall:
   
   a.      secure a valid SIRB before going on board/joining a ship.
   
   b.      secure a valid SIRB, the validity of which is sufficient to cover his/her contract.
   
   c.       submit authentic documents and/or papers in support of his application for the issuance of SIRB.
   
   
3. For on-site processing of SIRB, all maritime schools/institutions shall ensure the genuineness and authenticity of all documents and supporting papers submitted by the applicant cadet/apprentice.
   

V. FEES AND CHARGES

Type of Application	All Seafarers	Fisherman
		Overseas	Domestic
1. New-Replacement	P550.00	P300.00	P200.00
2. Expedite Processing	P770.00	P420.00	P320.00
3. Revalidation	P330.00	P200.00	P100.00
4. Expedite Processing (Revalidation)	P450.00	P280.00	P150.00
5. On Board	P770.00	P420.00	P320.00

VIII. ADMINISTRATIVE SANCTIONS

1. A seafarer ™s SIRB may be suspended/revoked after due process for any of the following grounds:
   
   1.1  Suspension of SIRB:
   
   

   1.1.1	Intemperate habits such as drunkenness tending to cause immediate loss or destruction or serious damage to the ship or tending to endanger the life of any person organic to or passenger of such ship;
   1.1.2	Insubordination or direct assault;
   1.1.3	Violations of the terms and conditions of the contract without just cause;
   1.1.4	Final conviction by a court of competent jurisdiction of a crime involving moral turpitude;
   1.1.5	Repeated violations of any of the provisions of this circular.

   
   1.2  Revocation of SIRB
   
   

   1.2.1	Incompetence, negligence or incapacity in the performance of duty;
   1.2.2	Assault with dangerous weapon;
   1.2.3	Malicious destruction of ship ™s property;
   1.2.4	Misconduct resulting in the loss of life and/or serious injury;
   1.2.5	Molestation of passenger;
   1.2.6	Murder or attempted murder;
   1.2.7	Mutiny;
   1.2.8	Possession, use, sale or association with prohibited drugs, including marijuana;
   1.2.9	Smuggling of aliens or goods including firearms and ammunitio

IX. ADMINISTRATIVE FINES AND/OR PENALTIES

1.         A shipping company/manning agency shall be liable for the following acts:

a. For deploying a seafarer without SIRB on board ship:

First Offense

P10,000.00

Second Offense

P15,000.00

Third and Succeeding Offenses

P20,000.00

b. For deploying a seafarer on board with SIRB, the validity of which is shorter than his/her contract:

First Offense

P10,000.00

Second Offense

P15,000.00

Third and Succeeding Offenses

P20,000.00

c. For allowing a seafarer to continue serving on board with expired SIRB:

First Offense

P10,000.00

Second Offense

P15,000.00

Third and Succeeding Offenses

P20,000.00

d. For allowing the seafarer to use his/her SIRB for any purposes other than what is therein specified:

First Offense

P10,000.00

Second Offense

P15,000.00

Third and Succeeding Offenses

P20,000.00

e. For requesting or recommending issuance of SIRB for and/or in behalf of a seafarer whose documents have been tampered by the shipping company/manning agency or any of their employees or liaison officers/messengers, or where said company/agency/employee or liaison officer has participated in securing the tampered documents from any source:

First Infraction

P25,000.00

Second Infraction

P50,000.00 and recommendation to the Philippine Overseas Employment Administration (POEA) or proper government agency for the suspension of Company ™s license for one (1) month.

Third Infraction

P100,000.00 and recommendation to the Philippine Overseas Employment Administration (POEA) or proper government agency for the cancellation and/or revocation of the company's license.

f. In addition, responsible officials/employees of the company/agency and employee/liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code.

2.         A seafarer shall be liable for the following acts:

a. For going on board ship/joining ship without SIRB or with expired SIRB:
	First Offense		P2,000.00
	Second Offense		P3,000.00
	Third and Succeeding Offenses		P5,000.00
b. For going on board ship/joining ship with SIRB whose validity period is shorter than his/her contract:
	First Offense		P1,000.00
	Second Offense		P1,500.00
	Third and Succeeding Offenses		P2,500.00
c. For submitting any false statement or misrepresentation in his application, fraudulent or tampered certificates or documents including holding fake/tampered SIRBs:
		First Offense	Second and Succeeding Offenses
	Master Mariner	P7,000.00	P14,000.00
	Chief Engineer	P6,000.00	P12,000.00
	Chief Mate/2nd Engineer	P5,000.00	P10,000.00
	2nd Mate/3rd Engineer/Radio Officer/Master Electrician	P4,000.00	P 8,000.00
	3rd Mate/4th Engineer	P3,000.00	P 6,000.00
	Ratings/Others	P2,000.00	P 4,000.00

X. REPEALING CLAUSE

MARINA Memorandum Circular No. 97 and any circular/regulations or any parts thereof inconsistent herewith are hereby deemed repealed.

XI. SEPARABILITY CLAUSE

Should any part of these Rules be declared null and void, the same shall not affect the validity of the remaining part.

XII. EFFECTIVITY

This Memorandum Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation in the Philippines.

Adopted: 15 Mar. 2001

By Authority of the Board:

(SGD.) ATTY. OSCAR M. SEVILLA
Administrator