Grounds for Inclusion in the Watchlist
- Inclusion occurs if a seafarer:
- Appears in the POEA blacklist, which is officially forwarded to MARINA.
- Is recorded to have criminal records by the National Bureau of Investigation (NBI).
- Has been officially reported by any prosecuting government agency for involvement in heinous or capital crimes.
- Is administratively charged by MARINA for maritime law violations with strong evidence against them.
- Seafarers on the watchlist are disqualified from applying or being issued Seafarers' Identification and Record Book (SIRB) or Standards of Training, Certification and Watchkeeping (STCW) certificates until cleared.
Automatic Inclusion Procedures
- Seafarers under categories 1, 2, and 3 are automatically included and disqualified from certification issuance.
- To regain eligibility, the seafarer must obtain official clearance from the concerned government office.
Administrative Charge Procedures (Category 4 Cases)
- Initiation: The case may be started by:
- Directive from the MARINA Administrator or Board.
- Verified complaint from a private individual or company with evidence.
- Official reports from MARINA units/offices.
- The MARINA Legal Affairs Office (MLAO) issues a Show Cause Order requiring a written response within 5 days.
- MLAO evaluates if there is a prima facie case and strong evidence of guilt.
- If no probable cause is found, the case is dismissed.
- If strong evidence exists, the seafarer is listed in the watchlist and a decision is made based on submitted evidence.
- Failure to respond within the deadline results in the case being deemed submitted, and the seafarer is included in the watchlist.
Coordination and Dissemination
- Coordination with relevant government agencies and the private sector ensures understanding and compliance.
- MLAO regularly supplies MARINA offices with updated lists of watchlisted seafarers for reference.
Effectivity Clause
- The memorandum circular becomes effective 15 days after its publication in a newspaper of general circulation.
Summary of Key Legal Concepts and Effects
- The watchlist system strengthens enforcement by preventing unqualified seafarers from working.
- Administrative due process is observed in category 4 cases before inclusion.
- Cooperation between agencies and stakeholders is mandated for effective implementation.
- The system balances public safety and administrative fairness by requiring clearance for removal from the list.