Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 47-A)
The main purpose is to enforce the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978 in the Philippines to ensure that seafarers on board ships are qualified, properly certificated, and fit for their duties to ensure safety of life and property at sea and protection of the marine environment.
It applies to all shipowners/operators, manning agents, maritime enterprises, and seafarers on board foreign registered vessels calling any Philippine Port or within Philippine waters, and Philippine flag vessels operating in domestic or overseas trade except warships, naval auxiliaries, fishing vessels, pleasure yachts not engaged in trade, and wooden ships of primitive build.
The 'Administration' refers to the Maritime Industry Authority (MARINA).
A Dispensation Certificate is a certificate issued by a competent authority permitting a specified seafarer to serve in a specified ship for a period not exceeding six months in a capacity for which he does not hold the appropriate certificate, except for radio operators or radiotelephone operators as provided by relevant Radio Regulations.
They are required to examine the STCW Endorsement of Certificate/Rating Certificate, Shipping Article/Manning Certificate, Seaman's Book, and any other relevant documents such as dispensation certificate, authority to operate in overseas trade, CPC/PA/SP.
The maritime enforcers shall coordinate with relevant authorities to detain the vessel and prohibit the uncertificated officers/ratings from performing their functions until deficiencies are corrected. Undue detention or delay should be avoided.
First offense: P25,000; second and succeeding offenses: P50,000. Also, uncertificated officers/ratings are prohibited from performing their functions until corrected before the vessel can sail.
First offense: P7,000; second and succeeding offenses: P14,000.
First violation: P25,000; second violation: P50,000; third violation: P100,000. Additionally, MARINA may prohibit uncertified officers/ratings from boarding, detain the vessel, suspend/cancel authority to operate, recommend suspension/cancellation of company license, and pursue criminal prosecution.
MARINA issues show cause orders based on official inspection reports, and cases are heard in accordance with administrative rules on practice and procedure complying with the requirements of notice and due process.