Law Summary
Coverage
- Applies to all persons, corporations, firms, and entities acquiring vessels for domestic trade.
- Excludes fishing vessels and tankers, which are regulated by separate memoranda.
Definition of Key Terms
- Acquisition: importation, bareboat charter, lease-purchase, lease-irrevocable purchase, local construction for vessel use as public utility.
- Domestic Trade: carriage of passengers or cargo for hire between Philippine ports.
- Vessel: any watercraft capable of floating and self/externally propelled.
- Conversion: includes major modifications such as re-engining, hull lengthening, deck construction, superstructure changes, bulkhead alterations.
- Age: from vessel launching date to acquisition date.
- Motor Yacht: small craft for pleasure tourism or commerce.
- Tugboat: small, mechanically propelled vessel used for towing/pushing assistance.
- Lighter: non-propelled dumb barge.
- Barge: flat-bottomed craft for bulky freight transportation.
- Tankers: vessels designed for bulk liquid cargo, with subdivided compartments.
General Guidelines
- Vessels of any age and size allowed for importation, charter, lease-purchase, except wooden-hulled vessels which are allowed only for local construction.
- Domestic shipping companies/operators must be accredited under MARINA rules.
Special Requirements
- Classification:
- All vessels must be classed by an international or government-recognized classification society.
- Exceptions: tugboats, lighters, motor yachts for personal use, wooden-hulled vessels.
- Vessels must maintain classification throughout operation; class survey reports submitted periodically.
- Insurance:
- Passenger vessels must have compulsory insurance coverage of P50,000 per passenger.
- Tankers/barges carrying petroleum must secure Protection and Indemnity (P&I) insurance covering pollution liability, with minimum amounts depending on capacity.
- Chemical/LPG/LNG tankers must have third-party liability insurance of at least US$2 million from recognized insurers or P&I clubs.
- Authority to Operate:
- Vessels (except tugboats and lighters) must obtain Provisional Authority (PA) or Certificate of Public Convenience (CPC) from MARINA before engaging in inter-island operations.
- Conversion:
- Any conversion after acquisition requires prior MARINA approval.
- Sale/Transfer:
- Subsequent sale or transfer of vessels requires prior MARINA approval.
Repealing Clause
- MARINA Memorandum Circular Nos. 17, 22, 25, and 25-D are repealed.
- Guidelines for meritorious inter-island shipping projects under Circular No. 25-D are revoked.
Effectivity
- Circular takes effect 15 days after publication in a newspaper of general circulation in the Philippines.