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(NAR) VOL. 20 NO.2 / APRIL - JUNE 2009

[ NTC MEMORANDUM CIRCULAR NO. 02-04-2009, April 14, 2009 ]

GUIDELINES FOR THE RECOGNITION OF GMDSS RADIO CERTIFICATES ISSUED BY OR UNDER THE AUTHORITY OF ANOTHER PARTY IN ACCORDANCE WITH REGULATION 1/10 OF THE STCW CONVENTION



Pursuant to Act 3846, as amended, E.O. 546, Chapter NIX Article 55 of the ITU Radio Regulations and Regulation 1/10 of the 1978 STCW Convention, as amended, the National Telecommunications Commission hereby promulgates the following guidelines for the recognition of certificates issued by or under the authority of another party.

1. Definitions

1.1. Party means a State for which the STCW Convention has entered into force.
1.2. Administration means the Government of the Party whose flag the ship is entitled to fly.
1.3. Certificate means a valid document, issued by or under the authority of the Administration or recognized by the Administration authorizing the holder to serve as authorized by national regulations.

2. GMDSS Radio Certificates issued by or under the authority of another Party (Administration) shall be recognized provided that the issuing Party is included in the list of Parties with whom the Philippines has a Bilateral Agreement pursuant to Regulation 1/10 of the 1978 STCW Convention, as amended.

2.1. The Commission shall recognize a GMDSS Radio Operator Certificate and allow its holder to perform the functions applicable to that Certificate while serving on board Philippine Registered vessel.
2.2. The Commission shall issue a Recognition Certificate equivalent to the Certificate issued by another Party and shall expire as soon as the certificate recognized or is withdrawn, suspended or cancelled by the Party which issued it and, in any case, not more than five (5) years after the date of issue.
2.3. The Commission may, if circumstances require, allow a seafarer to serve the capacity of GMDSS Radio Operator for a period of not exceeding three (3) months on board a Philippine Registered Vessel while holding valid GMDSS

Radio Operator Certificate issued and endorsed by another Party for use on board that Party’s ship but which has not yet been recognized by the Commission provided that the application for recognition has been submitted on or before the date of embarkation to a Philippine flag vessel.

3. GMDSS Radio Certificates issued by or under the authority of another Party with no Bilateral Agreement but included in the IMO White List shall be recognized and shall be issued a temporary endorsement or an equivalent certificate not exceeding six (6) months.

4. GMDSS Radio Certificates issued by or under the authority of a non-Party and with no Bilateral Agreement with the Philippine Government shall not be recognized.

5. GMDSS Radio Certificates and endorsements issued by an Administration under the provisions of Regulation 1/10 of 1978 STCW Convention, as amended, in recognition of, or attesting the recognition of, a certificate issued by another Party, shall not be used as the basis for further recognition by the Commission.

All applicants shall adhere strictly to the provisions of the herein prescribed guidelines and any misrepresentation made by any applicant shall be a valid ground for the revocation and suspension of the certificates issued and/or the imposition of the appropriate penalties in accordance with law.

This Circular takes effect immediately and supersedes any existing NTC order, instruction or memorandum or part thereof, which is inconsistent herewith.

Adopted: 14 April 2009

(SGD.) RUEL V. CANOBAS
Commissioner
(SGD.) JAIME M. FORTES, JR.
Deputy Commissioner
(SGD.) JORGE V. SARMIENTO
Deputy Commissioner
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