Question & AnswerQ&A (MARINA CIRCULAR NO. 2009-07)
The primary objective of MARINA Circular No. 2009-07 is to prescribe the general policy, rules, and procedures for the declaration of lay-up centers, accreditation of lay-up agents, and issuance of lay-up permits and departure clearances for foreign vessels laid-up in the Philippines.
This Circular applies to all persons, corporations, firms, and entities engaged or intending to engage in the business of vessel lay-up; all foreign vessels due for lay-up; and all possible centers or sites which MARINA may find suitable for vessel lay-up.
A Lay-up Center refers to anchorage areas designated by the Philippine government for use as lay-up sanctuaries for unemployed foreign vessels, specifically Malalag Bay, Pujada Bay, Mayo Bay, and Bunawan Bay within Davao Gulf, as well as other areas declared by MARINA.
Qualifications include: the laying-up business reflected in corporate documents and registered with SEC or DTI; principal officers with at least one year maritime-related experience; adequate employed personnel for government coordination; possession of tugboats, mooring buoys, communication, and safety equipment; provision of logistics vessels; and a minimum paid-up capitalization of P5 million.
Applicants must submit a letter of intent or application, SEC or DTI registration certificate, latest audited financial statement (if existing company), company profile with principal officers' bio-data, list of vessel lay-up facilities and equipment, and pay the processing fee.
The foreign vessel must be represented by a designated accredited lay-up agent who has secured the necessary lay-up permit from MARINA. No foreign vessel shall be laid-up or depart without prior MARINA permit issued to the lay-up agent.
Official lay-up centers are anchorage areas in Davao Gulf, particularly Malalag Bay, Bunawan Bay, Pujada Bay, Mayo Bay, and any other areas declared by MARINA after verification of suitability criteria such as depth, shelter, and environmental safety.
Administrative fines for operating without accreditation are: P5,000 for the first violation, P10,000 for the second, and P25,000 for the third and succeeding violations.
Fees include: P10,000 for accreditation application; P2,500 for each lay-up permit; P2,500 for departure clearance; and nominal lay-up fees ranging from US$91 to US$117 per day depending on the vessel's deadweight tonnage.