QuestionsQuestions (MIA MARINA CIRCULAR NO. 2009-02)
Only upon the grant of a Special Permit by MARINA, when no domestic ship is available or suitable to provide the needed shipping service and when the public interest warrants it.
No foreign ship may transport passengers or cargo between ports or places within Philippine territorial waters unless a MARINA Special Permit is granted under the conditions stated in the circular.
They must comply with all the enumerated conditions: (1) temporary replacement, (2) age limits with possible additional fees, (3) IACS classification, (4) P&I cover compliant with MC 2009-01, (5) Filipino crew requirements depending on permit duration, and (6) compliance with Philippine fiscal and labor laws.
The foreign ship must be used only as a temporary replacement for an existing ship. Once the replaced ship becomes operational, the Special Permit for the temporary replacement terminates.
They may be granted Special Permit without the age-related additional fees described for vessels beyond 15 years old, subject to the other conditions in the circular.
They may be granted a Special Permit for a maximum period of six (6) months.
An additional fee of PHP 20,000.00 shall be paid for every month in excess of the 15-year age requirement, on top of regular processing fees.
PHP 40,000.00 for every month in excess of the 15-year age requirement, on top of regular processing fees.
The ship must be classed by the International Association of Classification Societies (IACS).
The vessel must have P&I cover compliant with Memorandum Circular 2009-01.
The vessel must have fifty percent (50%) Filipino crew if the Special Permit is for more than three (3) months.
The circular states that for vessels with Special Permits for more than three (3) months, 50% Filipino crew is required, and it also indicates a 100% requirement for the remaining case as written; law students should read and apply the specific clause: 100% Filipino crew is required for vessels with Special Permits (as indicated in the amendment text).
The vessel must comply with Philippine fiscal and labor laws.
Yes. Such vessels may be granted a Special Permit for a maximum period of six (6) months, with possible extensions beyond six months but not to exceed a total of one (1) year, subject to the additional fees.
It takes effect immediately upon its publication once in a newspaper of general circulation, and it is valid for one (1) year from the date of issue.