QuestionsQuestions (EXECUTIVE ORDER NO. 969)
The circular is issued pursuant to Presidential Decree No. 474, Executive Order No. 125, as amended, and Section 6, Chapter III of Republic Act No. 9295, including Section 6, Rule III of its Revised Implementing Rules and Regulations (R-IRR).
It aims to (1) promote the competitiveness of Philippine-registered ships by providing operational flexibility, and (2) provide omnibus guidelines for evaluating special permits so Philippine overseas ships may operate within the national territory and domestic ships may operate in international waters.
“National Territory” is defined by reference to Article I of the 1987 Constitution of the Republic of the Philippines.
Philippine-registered overseas ships of accredited overseas shipping companies (per MARINA Memorandum Circular No. 181 and amendments) intending to temporarily utilize Philippine-registered ships within the national territory; and Philippine-registered domestic ships of accredited domestic owners/operators (per MARINA Circular 2006-03 and amendments) for specified domestic trade/operations: BIMP-EAGA; dredging/cable laying/conduction purposes; and ships to be drydocked or repaired abroad.
Only companies/entities duly accredited by MARINA under MARINA Circular No. 181 or MARINA Circular No. 2006-03 (or their subsequent amendments) may apply.
Overseas-to-domestic: filed with the Domestic Shipping Office (DSO). Domestic-to-overseas: for BIMP-EAGA filed with MARINA Regional Office (MRO); for other overseas temporary utilization filed with the Overseas Shipping Office (OSO).
They must indicate the services proposed to be offered and the routes, location, or area of operation.
Valid for one (1) month up to a maximum of three (3) months per issuance, renewable for the same period but not exceeding one (1) year.
All covered companies must submit Entry and Exit Clearance documents issued by the Bureau of Customs (BOC) to prove actual arrival and departure dates of the vessel/rig to and from the Philippines.
There is no age requirement except that tankers carrying oil in bulk must not be more than 15 years old.
They must be double-hulled and meet IACS-class requirements, and all statutory certificates must be valid at the time of application.
The ship must be manned completely by Filipinos with valid certificates and licenses, including STCW Certificates or Certificate of Competency (COC) in accordance with national and international regulations.
Only lawful cargoes may be carried; the owner/operator is responsible for ensuring cargoes have all necessary documents and clearance/approvals required by appropriate government agencies.
The special permit is automatically suspended upon reversion to domestic operation. The owner/operator must inform MARINA within five (5) days from such reversion.
The grant is conditioned on utilization in domestic trade for an aggregate period equivalent to one half (1/2) of the bareboat charter period as approved by MARINA, except for ships to be utilized in the East ASEAN Growth Area (EAGA).
They must submit a letter of intent signed by the CEO/COO or authorized representative stating ship details, domestic trading authority (CPC/SP) and its validity, the requested period, and intended area of overseas operation; plus a duly notarized Fixture Note or Contract of Affreightment, or duly notarized/authenticated Time or Voyage Charter Agreement signed by registered owners and charterers (or authorized representatives), with names of signatories printed.
It is penalized with Php 30,000.00 per day per ship, after due notice and hearing.