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(NAR) VOL. 15 NOS. 3-4 / JULY - SEPTEMBER 2004

[ MIA MEMORANDUM CIRCULAR NO. 200, SERIES 2004, June 16, 2004 ]


Pursuant to the provisions of Presidential Decree No. 474, Executive Order No. 125, as amended and in conformity with Regulation XI-1/5 of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended and the International Maritime Organization (IMO) Assembly Resolution A.959(23) adopted on 05 December 2003 concerning the Continuous Synopsis Record on board Philippine-Registered ships, and as part of our commitment to strengthen maritime security, the following rules were approved by the Maritime Industry Board during its 167th Meeting on 16 June 2004.

I.  Objectives:

1. To provide rules on the issuance and maintenance of Continuous Synopsis Record for all Philippine-registered ships engaged in international voyages; and,

2.  To establish a continuous system of ship's record.

II.  Coverage:

1.  This Circular shall apply to all passenger and cargo ships of 500 gross tonnage and above engaged in international voyages, including domestic ships temporarily engaged in overseas trade.

III.  Definition of Terms:

1.  Administration - refers to the Maritime Industry Authority (MARINA);

2.  Company - the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the owner.

3.  ISPS Code - means the International Ship and Port Facility Security Code.

4.  Continuous Synopsis Record (CSR) - a record of the history of the ship which is kept on board during the life of the ship.

5.  Ship - a Philippine-registered ship engaged in international voyages and covered by this Circular.

6.  Cargo ship - any ship which is not a passenger ship.

7.  Passenger ship - a ship which is authorized to carry more than twelve (12) passengers.

8.  International Safety Management (ISM) Code - the International Management Code for the Safe Operation of Ships and for Pollution Prevention.

9.  Document of Compliance (DOC) - a document issued to a company complying with the requirements of the ISM Code.

10.  Safety Management Certificate (SMC) - a document issued to a ship after verification that the company and its shipboard management operate in accordance with the approved Safety Management System.

11.  International Ship Security Certificate (ISSC) - a document issued by the Administration or an authorized Recognized Security Organization to a ship after approval of its Ship Security Assessment and Ship Security Plan and verification that such plan is properly implemented onboard.

12.  Recognized Security Organization (RSO) - an organization with appropriate expertise in security matters and with appropriate knowledge of ship and port operations authorized to carry out an assessment, or a verification, or an approval or a certification activity required by Chapter XI-2 of SOLAS 1974, as amended or by Part A of the ISPS Code.

IV.  General and Specific Provisions

1.  By 01 July 2004, all ships covered by this Circular shall have onboard a Continuous Synopsis Record issued by the Administration;

2.  The Administration shall maintain a copy of each CSR issued to a ship;

3.  The CSR File shall be retained on board notwithstanding any change in the flag, ownership or operation of the ship;

4.  The Master shall ensure that the CSR's File is complete and updated.

5.  Any previous entries in the CSR shall not be modified, deleted or, in any way, erased or defaced; and

6. The Company shall inform the Administration of any transfer of ship's registration for the Administration's subsequent transmittal of the CSR File to the new Flag State.

V. Procedures:

1.  The company shall file an application in a form prescribed by the Administration for the issuance of the CSR;

2.  The Company or the Master shall be required to submit a duly accomplished Amendment Form to the Administration, for consideration and approval for any change relative to the information reflected in the CSR.  The company shall be issued within (3) three months from the date of the change, a revised and updated version of the CSR;

3.  Whenever an Amendment Form is attached to the ship's current CSR, details of the amendment should be entered in the Index of Amendments and shall be attached to the current CSR in chronological order;

4.  In the event that any amendment is not reflected in the latest CSR File, the Master shall perform the following activities:

a. accomplish Amendment Form indicating any amendment not reflected thereto and attach it to the latest CSR;

b.  reflect such amendment(s) in the Index of Amendments; and

c.  forward copies of the Amendment Form to the Administration.

5.  Company applying for the initial registration of ship under the Philippine Flag after 01 July 2004 should request the previous Flag State to send the CSR File to the Administration; and

6.  In case of loss or damage to a ship's CSR file, the Company or Master should inform the Administration in writing and under oath the document(s) lost or damaged.  The Administration then should immediately provide a certified true copy of the subject document(s) to the ship to replace such document(s) signed by the authorized officials.

VI.  Documentary Requirements

1.  Initial issuance of CSR

a.   Letter of Intent
b.   Duly accomplished application form

2.  Amendment of or change in the CSR

a.   Letter of Intent
b.   Duly accomplished amendment form

VII.  Processing Fee

The company shall pay a processing fee of P1,200.00 per ship/application.

VIII.  Sanctions and Penalties

The company and the master shall be imposed separately the following fines or penalties, after due notice and hearing, for:

1.  ships without CSR by 01 July 2004
2.  failure to report any change in the CSR
3.  unauthorized change of entries in any CSR document

First Violation

- P 5,000.00
Second Violation - 10,000.00
Third and succeeding violations - 20,000.00

IX.  Effectivity Clause:

This Memorandum Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Adopted: 16 June 2004

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