Definitions
- Convention: International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)
- Administration: Maritime Industry Authority (MARINA)
- Administrator: The Administrator of MARINA
- STCW Certificate: Valid document authorizing seafarers to serve, including MARINA endorsements
- Dispensation Certificate: Temporary certificate permitting service without proper certification for up to six months, with exceptions
- Ocean-going vessels: Philippine flag vessels operating overseas and foreign vessels calling Philippine ports or operating temporarily in domestic trade
- Vessels in domestic trade: Philippine flag vessels within Philippine waters
- Port: Harbor aiding vessels for anchoring/docking
- Fishing vessel: Used for harvesting sea life
- Wooden ships of primitive build: Wood-built vessels with sails
- Deficiencies posing danger: Lack of certification of key officers/radio operators that could threaten life, property, or environment
Inspection Procedure
- Inspections conducted by authorized MARINA maritime enforcement teams in uniform with proper IDs and Special Orders
- Boarding limited to ports, introduction and presentation of authority required
- Required documents for inspection: STCW endorsements, shipping articles, seaman's book, dispensation certificates, and other relevant documents
- Inspection report signed by maritime enforcers and acknowledged by ship's master or representative; refusal to sign documented
- Inspection team signs log book to attest inspection
- If deficiencies found:
- Assess if deficiencies pose danger to life, property, or environment
- If no danger: notify competent authority at next port for correction before sailing
- If danger: coordinate with authorities to detain vessel and prohibit uncertified personnel from performing duties
- Inform shipowner/operator, manning agent, uncertified officers/ratings of violations and possible penalties
- Options given to waive hearing and pay fines or post bond and attend hearing
- Inspection report submitted to Administrator and Maritime Legal Affairs Office
- For foreign vessels, inform Consulate or diplomatic representatives for appropriate action
Penalties and Sanctions
Failure to present valid STCW endorsement or dispensation certificates:
- Ocean-going vessels:
- First offense: P25,000 fine
- Subsequent offenses: P50,000 fine
- Prohibition of uncertified officers performing duties; detention until corrected
- Domestic trade vessels:
- Less than 100 GRT: P5,000 first offense, P10,000 subsequent plus detention/suspension
- Over 100 GRT: P10,000 first offense, P25,000 subsequent plus detention/suspension
- Ocean-going vessels:
Presenting fraudulent or tampered STCW certificates:
- Seafarers fined from P2,000 to P7,000 for first offense; double for subsequent
- Shipowners/operators/manning agents fined P25,000 to P100,000 for repeated violations
- Additional sanctions: prohibit boarding, vessel detention, suspension/cancellation of operating authority, possible company license suspension and criminal prosecution
Violations found by other countries' authorities:
- If no fines by apprehending country: P50,000 first offense, P100,000 subsequent offenses
- If fines collected abroad: liable for difference
Due Process and Administrative Procedures
- MARINA issues show cause orders based on inspection reports
- Cases heard according to administrative procedure with notice and right to due process
Effectivity and International Notification
- Circular effective 15 days after publication in a newspaper of general circulation
- Copy forwarded to International Maritime Organization Secretary General via Department of Foreign Affairs
- Complies with Article IV of the 1978 STCW Convention