[ MIA MARINA CIRCULAR NO. 2010 - 02, December 14, 2010 ]
RULES IN THE ISSUANCE OF A SEAFARER S IDENTIFICATION BOOK (SIB) FOR SEAFARERS ONBOARD PHILIPPINE-REGISTERED VESSELS BELOW 35 GT
Pursuant to PD 474, Section 12 Paragraph (j) of Executive Order No. 125-A, these guidelines on the issuance of Seafarer s Identification Book (SIB) for seafarers onboard Philippine-registered vessels below 35 GT is hereby adopted:
I. OBJECTIVES
II. COVERAGE/EXEMPTION
III. DEFINITION OF TERMS
IV. GENERAL PROVISIONS
V. SPECIFIC PROVISIONS
VI. VALIDITY
VII. FEES AND CHARGES
VIII. RESPONSIBILITIES OF OPERATORS/ SHIPPING COMPANIES/ MANNING AGENCIES/ MARITIME INSTITUTIONS/ SEAFARERS
IX. ADMINISTRATIVE SANCTIONS
X. ADMINISTRATIVE FINES AND/OR PENALTIES
- To further enhance the safety of life of the passengers onboard vessels; and
- To prescribe the policies and minimum requirements in the issuance of SIB.
1.1 These rules shall apply to every seafarer as defined herein and who is engaged in any capacity onboard a Philippine-registered vessel below 35 GT; 1.2 Seafarers onboard warships, naval vessels, naval auxiliaries and other government- registered ships are exempted from the application of these rules:
- MARINA - refers to the Maritime Industry Authority.
- Modified Basic Safety Training Course (MBSTC) - refers to a customized version with typhoon training course developed by the MARINA of the IMO basic safety training course for seafarers, other vessel personnel complement onboard vessels below 35 GT.
- Seafarer s Identification Book (SIB) - refers to the document issued by the MARINA to all Filipino seafarers and other ship personnel complement onboard vessels below 35 GT.
- Seafarer - refers to any person who is employed or engaged or works in any capacity onboard a vessel.
- The minimum qualification requirements for the issuance of SIB are as follows: a) must be a Filipino citizen, and b) 18 years of age.
- All seafarers covered by this Circular must be properly documented and shall possess valid SIB at all times.
- All maritime enterprises operating Philippine-registered vessels below 35 GT shall ensure that seafarers onboard their vessels possess valid SIB.
- All applications for the issuance of SIB shall be filed personally by the applicant to MARINA or in any of its recognized service providers.
- The MARINA, upon the request of shipping/fishing companies/operators and other maritime entities, may dispatch the MARINA-SIB Mobile Team for on-site processing.
- All seafarers covered by this Circular shall be required to undergo the Modified Basic Safety Training Course (MBSTC) in comic version with typhoon awareness which shall be conducted by MTC-accredited training centers and PAMTCI member training centers.
- Retraining shall be required of holder of MBSTC for seafarer who has not served onboard for at least a year within five (5) years from the date of issuance of MBSTC certificates or date of last disembarkation;
- Seafarers who have gone onboard for at least one (1) year in the last five (5) years will no longer be required to present the MBSTC certificates when they apply for re-issuance of or replacement of lost SIB.
- The Typhoon Awareness has the following modules
- Introduction
- The Tropical Cyclone
- Salient Features of Typhoons
- Frequency of Tropical Cyclones
- Distinguishing Characteristics of Tropical Cyclones
- Types of Weather Bulletins
- Maneuvering in a Stormy Sea
- Actions to be Undertaken When in the Vicinity of a Storm
- Practical Rules for Avoiding the Center of the Storm
- Guiding Principles of Surviving the Mountainous Sea
- Sheltering Areas During Stormy Weather
- Framework of Concerned Government Agencies on Disaster Management
- Responsibilities of Each Agency During Emergency
- The MBST has four (4) modules as follows:
- Elementary First Aid
- Personal Survival Technique
- Fire Prevention and Fire Fighting
- Personal Safety and Social Responsibility
- Documentary Requirements
(See Image (NAR) VOL. 22 NO. 1/ JANUARY - MARCH 2011 page 448)
- The SIB shall be valid for five (5) years.
- Replacement of damaged/lost - the validity period shall be the unexpired portion of the previously issued SIB
Type of Application Fees * New/Re-issuance P350.00
* Replacement of Lost SIB* -- 1st Time P500.00 -- Succeeding issuance Double the cost of last replacement
* Replacement of lost SIB accompanied with marine protest or proof of accident/damage shall be charged the same fee as with the New/Re-issuance.
- All shipping companies/ manning agencies/operators covered by this Circular shall ensure:
- That all Filipino seafarers onboard Philippine-registered vessels shall hold valid SIB at all times;
- The genuineness and authenticity of all documents and supporting papers of every seafarer where the application is endorsed by the operators/shipping company/manning agency; and
- That the seafarers shall be engaged/shall provide services with due regard to the applicable limitations specified in the SIB.
- All seafarers covered by this Circular shall:
- Secure a valid SIB before going on board/ joining a vessel.
- Submit authentic documents and/or papers in support of his application for the issuance of SIB.
- A seafarer s SIB may be suspended/revoked after due process for any of the following grounds:
1.1 Suspension of SIB: 2.1.1 Negligence or incapacity in the performance of duty; 2.1.2 Intemperate habits such as drunkenness tending to cause immediate loss or destruction or serious damage to the vessel or tending to endanger the life of any person organic to or passenger of such vessel; 2.1.3 Insubordination or direct assault; 2.1.4 Violations of the terms and conditions of the contract without just cause; 2.1.5 Repeated violations of any of the provisions of this Circular. 1.2 Revocation of SIB: 1.2.1 Assault with dangerous weapon; 1.2.2 Malicious destruction of vessels property; 1.2.3 Misconduct resulting in the loss of life and/or serious injury; 1.2.4 Molestation of passenger and/or crew; 1.2.5 Murder or attempted murder; 1.2.6 Mutiny; 1.2.7 Possession, use, sale or association with prohibited drugs, including marijuana; 1.2.8 Smuggling of aliens or undeclared personal effects including firearms and ammunition; 1.2.9 For misrepresentation or submission of any false statement, fraudulent or tampered certificates or documents; 1.2.10 Desertion; 1.2.11 Terrorist activities 1.2.12 Other violations under the Philippine Penal Laws.
1. An operator/shipping/fishing company shall be liable for the following acts:
2. A seafarer shall be liable for the following acts:
1.1 For deploying a seafarer without SIB onboard vessel; First Offense - P 5,000.00Second offense - 10,000.00Third and Succeeding Offenses - 15,000.001.2 For deploying a seafarer onboard with SIB, the validity of which is shorter than his/her contract;First Offense - P 10,000.00Second offense - 20,000.00Third and Succeeding Offenses - 30,000.001.3 For allowing a seafarer to continue serving onboard with expired SIB; First Offense - P 2,500.00Second offense - 5,000.00Third and Succeeding Offenses0 - 10,000.01.4 For requesting or recommending issuance of SIB for and/or in behalf of a seafarer whose documents have been tampered by the operator/shipping/fishing company or any of their employees or liaison officers/messengers, or where said company/ employee or liaison officer has participated in securing the tampered documents from any source; First Offense - P 10,000.00 Second Offense - P 20,000.00 and recommendation to proper government agency for the suspension of Company s license. Third Offense - P 30,000.00 and recommendation to proper government agency for the cancellation and/or revocation of the company s license. 1.5 In addition, responsible officials/employees of the company/agency/operator or employee/liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code;
2.1 For going onboard vessel / joining vessel without a valid SIB. First Offense - P 2,000.00 Second offense - 3,000.00 Third and Succeeding Offenses - 5,000.00 2.2 For misrepresentation or submission of any false statement, fraudulent or tampered certificates or documents. Particulars First Offense Second Offense Third and Succeeding Offense Officers 5,000.00 10,000.00 15,000.00 Ratings/Others 2,000.00 3,000.00 5,000.00 2.3 For holding fake/tampered/forged SIB. First Offense Second OffenseOfficers Php 10,000.00 + confiscation and + disqualification from issuance of SIB for one (1) year Php 20,000 + Permanent cancellation Disqualification from issuance of SIB Ratings/Others 5,000.00 + confiscation and cancellation + disqualification from issuance of SIB for one (1) year Php 10,000 + Permanent Disqualification from issuance of SIB 2.4 The imposition of penalties under items 2.2 & 2.3 shall be without prejudice to criminal prosecution under the Revised Penal Code.
XI. STANDARD PROCESSING TIME
All SIB applications shall be subject to the following:
- Expedite - released within four (4) working hours reckoned from the time of evaluation;
- Regular - released within eight (8) working hours reckoned from the time of evaluation;
XII. SEPARABILITY CLAUSE
Should any part of these Rules be declared null and void, the same shall not affect the validity of the remaining part.
XIII. TRANSITORY PERIOD
In order to foster effective implementation of the herein guidelines, MARINA shall commence the conduct of MBST in comic version with typhoon awareness programs required for the issuance of SIB for seafarers onboard vessels below 35 GT by 15 January 2011.
By 01 July 2011, all operators/shipping companies, fishing companies, seafarers, and all concerned, shall have complied with the requirements of this Circular.
XIV. EFFECTIVITY
This Circular shall take effect fifteen (15) calendar days upon its publications once in a newspaper of general circulation.
Adopted: 14 December 2010
BY AUTHORITY OF THE BOARD:
(SGD.) EMERSON M. LORENZO
Administrator