Title
Regulation of Overseas Shipping Permits
Law
Letter Of Instructions No. 1085
Decision Date
Nov 21, 1980
To address inadequate measures, the Philippines issues a letter of instructions requiring overseas shipping companies to secure permits from MARINA, subject to periodic review, to ensure service reliability and reasonable freight rates, with penalties for non-compliance.

Permit Requirement for Overseas Shipping Companies

  • All overseas shipping companies, regardless of Filipino or foreign ownership, engaged in liner services to and from Philippine ports must secure a permit from the Maritime Industry Authority (MARINA).
  • MARINA will prescribe schedules and sailing frequencies for these vessels before they call at Philippine ports.
  • Ships already operational on the date of issuance are automatically granted the required permit.

Oversight of Service Reliability and Freight Rates

  • Permits issued will be periodically reviewed by MARINA to ensure service reliability and the reasonableness of freight rates.
  • Exceptions to rate review apply when fares, charges, or rates are set by international bodies or associations recognized by the Philippine government.

Penalties for Non-Compliance

  • Ships operating without the necessary permits will face penalties including fines.
  • Additional sanctions include denial of berthing space and priority at Philippine ports.

Regulation of Route Operators and Cargo Sharing

  • MARINA regulates the entry of new operators on routes already sufficiently served by traditional operators.
  • The adequacy of service is assessed based on cargo availability and compliance with the 40-40-20 cargo sharing rule under the UNCTAD Code of Conduct for Liner Conferences.

Authority and Implementation

  • The MARINA Administrator is tasked with formulating the necessary guidelines, rules, and regulations to implement this directive effectively.
  • The Administrator's formulations are subject to final approval by the President of the Philippines.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.