Limits of Liability
- Requires mandatory insurance or financial security for pollution damage liability under CLC 92.
- For tankers/barges > 2,000 tons:
- 3 million SDR for vessels up to 5,000 gross tons (GT).
- Additional 420 SDR per GT for tonnage exceeding 5,000 GT.
- For tankers/barges ≤ 2,000 tons:
- Minimum cover varies by GT, ranging from 1 million SDR for vessels ≤ 250 GT to 2.5 million SDR for vessels between 750 and 1000 GT.
Acceptable Types of Financial Security
- Insurance cover is acceptable.
- Other forms of financial security include:
- Bank guarantees.
- Certificates from international compensation funds.
- Other similar securities recognized by the authority.
Issuance of Certificates
- MARINA issues CLC Certificates upon submission of proof of insurance or financial security.
- Separate certificates for tankers/barges carrying more than and less than or equal to 2,000 tons.
- Interpretation of the Circular must align with the International Convention on Civil Liability for Oil Pollution Damage, 1992.
Penalties and Sanctions
- Non-possession of valid CLC certificate or equivalent subject to escalating fines and suspensions:
- For vessels > 2,000 tons:
- First violation: P75,000 fine plus suspension.
- Second violation: P150,000 fine plus suspension.
- Third violation: P300,000 fine plus cancellation of certificate.
- For vessels ≤ 2,000 tons:
- First violation: P30,000 fine plus suspension.
- Second violation: P75,000 fine plus suspension.
- Third violation: P150,000 fine plus cancellation of certificate.
- For vessels > 2,000 tons:
- Submission of false or fraudulent documents leads to a P100,000 penalty.
Fees
- Processing fee of P1,200 for certificate issuance.
Repealing Clause
- Any inconsistent provisions from prior MARINA circulars and regulations are repealed or modified.
Effectivity
- The Circular takes effect immediately upon publication in a Philippine newspaper of general circulation.