Title
MARINA Guidelines on Domestic Shipping Accreditation
Law
Marina Circular No. 2006-003, Series Of 2006
Decision Date
Feb 16, 2006
MARINA Circular No. 2006-003 establishes revised accreditation guidelines for domestic shipping enterprises, aiming to enhance operational standards, ensure public safety, and prevent the emergence of unreliable shipowners by setting specific requirements for ownership, management experience, capitalization, and compliance reporting.
A

Scope and Coverage

  • Applies to all individuals or entities authorized by law to use ships for commercial carriage of passengers or cargo within the Philippines.
  • Includes natural persons, corporations, partnerships, and cooperatives regardless of route types or clientele (general or limited).

Accreditation as a Prerequisite

  • Mandatory for obtaining permits, licenses, authorities, VAT exemption under RA 9295, financial assistance, incentives, and other government endorsements.
  • Valid for three (3) years and renewable for the same duration.
  • Re-issuance required upon change of corporate or company name; changes in officers should be reported without re-issuance.
  • Ship acquisition requires updating capital to cover new assets.

Qualification Requirements

  • Citizenship: Applicant must be Filipino citizen and permanent resident.
  • Ownership: Commercial partnerships must be wholly Filipino-owned; corporations must have at least 60% Filipino ownership; cooperatives must be duly registered.
  • Business Purpose: Domestic shipping must be stated in Articles of Incorporation or business registration documents.
  • Management Competency:
    • Corporations, partnerships, cooperatives require at least two principal officers with 2 years of relevant experience.
    • CEO and COO (or equivalents) must be Filipino citizens and permanent residents.
    • Single proprietors must have at least 2 years experience in ship management or related fields.
  • For motor banca operators:
    • Below 3 GRT requires Certificate of Number/Permit and Motorboat Operator License.
    • Between 3-35 GRT requires Boat Captain License and Marine Diesel Mechanics certification.

Capitalization Requirements

  • Minimum paid-up capital depends on total gross tonnage (GT):
    • Minimum P25,000 or P2,500 per GT.
    • Operators of tankers or barges hauling oil/petroleum require at least P5 million.
    • Operators of ships above 4,999 GT require at least P12.5 million.
  • Fractions of GT counted as one whole for capitalization.
  • Existing operators must update capitalization upon changes in fleet tonnage before acquisition approval.

Documentary Requirements

  • Letter of intent addressed to MARINA.
  • List and specifications of ships owned/chartered with corresponding ownership certificates.
  • Latest audited financial statements for existing companies.
  • List of incorporators, directors, officers, with bio-data emphasizing shipping experience.
  • Legal registration documents (Articles of Incorporation, business licenses).
  • Proof of capitalization (SEC/CDA certifications, audited statements, or DTI financial documents).
  • Payment of prescribed accreditation fees.
  • Previously submitted verified documents may be exempted upon declaration.

Reporting Obligations

  • Amendments to Articles or By-Laws within 30 days of SEC approval.
  • Replacement of directors or principal officers within 30 days with bio-data.
  • Submission of audited financial statements by June 30 following the covered year.
  • Changes in ship tonnage and updates in paid-up capital certification.
  • Documents must be originals or true copies duly attested.

Withdrawal or Suspension of Operations

  • Enterprises must notify MARINA two months prior to withdrawal or suspension.
  • Unauthorized withdrawal or suspension exceeding four continuous months leads to cancellation of accreditation after notice and hearing.
  • MARINA evaluates each case individually and may require refund of incentives with penalties.

Fees and Charges

  • Accreditation fees vary by type of entity:
    • Corporation: P8,580
    • Partnership: P5,150
    • Single Proprietorship: P780
    • Cooperative: P4,300
  • Late renewal surcharges calculated daily with set maximum amounts.
  • Re-issuance of Certificates due to corporate name change costs P780.

Administrative Fines and Penalties

  • First offense fines range from P500 to P30,000 depending on violation and entity type.
  • Violations include non-submission or non-compliance with post-approval documents, operating without accreditation, expired accreditation, and failure to maintain qualification requirements.
  • Severe violations may result in suspension, cancellation, or revocation of accreditation.

Effectivity

  • The guidelines took effect 15 days after publication in a newspaper of general circulation.
  • Officially adopted on February 16, 2006 by the Administrator of MARINA, Vicente T. Suazo, Jr.

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