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(NAR) VOL. 6 NO. 1 / JANUARY - MARCH 1995

[ MIA MEMORANDUM CIRCULAR NO. 97, March 16, 1995 ]

REVISED GUIDELINES ON THE ISSUANCE OF THE SEAFARER'S IDENTIFICATION AND RECORD BOOK



I.
Legal Basis and Purpose

Pursuant to Section 12 para. (j) of EO No. 125-A dated 13 April 1987, and in conformity with the provisions of ILO Convention No. 108, the Seafarer's National Identity Documents Convention, 1958, this revised Memorandum Circular is issued to prescribe the policies, minimum requirements and procedures for the issuance of the Seafarer's Identification and Record Book and to establish systems and procedures for the promotion of an efficient and effective means of identification of Filipino seafarers and to maintain a complete and continuing record of their services on board vessels.

II.
Coverage

In order to establish a system of identification, registration and qualification of Filipino seafarers, it shall be mandatory for all merchant marine officers and ratings on board commercial and fishing vessels 35 gross tons or over, to secure a Seafarer's Identification and Record Book and to show same to proper boarding authorities whenever demanded for routine check and inspection.

In addition, offshore workers seeking employment are likewise required to secure a Seafarer's Identification and Record Book.

III.
Definition of Terms

1. Merchant Marine Officers - refers to duly licensed deck and engine officers of commercial ships, propelled by machinery, public and private, strictly engaged in maritime commerce, both foreign and local trades, vessels engaged in the training of cadets for the maritime profession, and non-combatant vessels of the Philippine Navy engaged in operations similar to a commercial ship.

2. Master - refers to a duly licensed and registered Master Mariner.

3. Radio Officer - refers to a Licensed First and Second Class Radiotelegraph Operator.

4. Seafarer - refers to rated and non-rated skills manning merchant marine and fishing vessels and offshore oil rigs.

5. Seafarer's Identification and Record Book (SIRB) - refers to a document issued by the Maritime Industry Authority (MARINA) to qualified merchant marine officers and ratings, fishermen and offshore workers to provide the holder with identity papers and record of their sea service as well as for the seafarer's registration purposes.

6. Register of Filipino Seafarer - refers to the roll of merchant marine personnel, including fishermen and off-shore workers, to be maintained by the MARINA.

7. Revalidation of SIRB - Refers to the process of extending validity of expired SIRBs without necessarily replacing the existing SIRB. The maximum number of times that an SIRB can revalidated is three (3).

8. Re-issuance of SIRB - refers to the process in which the SIRB, though not yet expired, has to be replaced due to loss or because its pages have been filled up or that it has been worn out or damaged rendering it unusable.

IV.
Procedures for SIRB Issuance

To insure a smooth and expeditious processing of documents of applicants for SIRB, the following procedures are hereby set forth:

A. Applicants shall apply directly in person at the MARINA Central Office or in any of the Maritime Regional Offices (MROs). Applications through MARINA accredited Liaison Officers (LOs) shall be allowed only when filed in accordance with rules and regulations to be adopted and prescribed by the MARINA.

B. Applications for revalidation/reissuance of SIRB must be filed at least one (1) month before expiry date.

C. SIRBs may be claimed within twenty four (24) hours after receipt by the SIRB Processing Unit except for applications filed at the MROs in which case they may be claimed ten (10) days from date of filing.

D. Only applicants who have complied with all the herein requirements shall be entertained. Authentication of valid SOLAS Certificates shall be simultaneous with SIRB issuance.

E. SIRBs issued for overseas employment shall be acceptable for use in fishing and domestic employment, but not vice versa.

V.
Qualifications and Requirements for SIRB Issuance

A. Basic Qualifications:

1. Filipino Citizen;

2. Not less than 18 years old; and

3. High school graduate.

B. Interview - Applicants for the issuance of an SIRB may be subjected to interview, if necessary, to ascertain the validity and authenticity of their license and other supporting documents.

C. Documentary Requirements (1 set original and 1 set photocopy, unless otherwise specified):

1. Overseas

a. New -

1. Birth Certificate duly certified by the National Statistics Office (NSO) or Local Civil Registrar. In the absence of a Birth Certificate, an Affidavit of two (2) disinterested persons attesting to the birth of the applicant.

2. NBI Clearance (VISA Seaman).

3. SOLAS Certificates

4. One (1) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

5. Documentary stamp

6. A, B, C, D, E as applicable

b. Revalidation

1. old SIRB

2. NBI Clearance (VISA Seaman)

3. SOLAS Certificate

4. One (1) latest black and white 2" x 2" head photograph uncapped with signature at the back. For merchant marine/Radio/Medical Officers and graduates of BSMI/AME, appropriate shoulder board must be observed for other applicant, attire must be collared.

5. Documentary stamp.

c. Reissuance of Filled/Damaged/Lost SIRB

1. Old SIRB, as applicable

2. SOLAS Certificates or valid STCW Certificate issued by MARINA

3. Authenticated PRC License, as the case may be

4. NBI Clearance (VISA Seaman)

5. Two (2) latest black and white 2" x 2" head photographs, uncapped, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

6. Documentary stamp

7. Service Record from last employer

8. POEA Adjudication Division Clearance, if necessary

9. Duly notarized Affidavit of Loss

(Note: Documents 7, 8 and 9 are required only in cases of reissuance of damaged/lost SIRBs)

d. On Board Application for Revalidation /Reissuance Due to Loss

1. Letter from the company/agency

2. Photocopy of the employment contract.

3. Photocopy of SIRB

4. Crewlist duly signed by the Master and stamped by the last Immigration Officer.

5. Affidavit of Loss duly notarized in the country where said Affidavit was executed and authenticated by the Philippine Embassy or Consulate and/or the Master's Certification, for lost SIRBs.

2. Domestic

a. New

1. Birth Certificate duly certified by the National Statistics Office (NSO) or the Local Civil Registrar. In the absence of a Birth Certificate, an affidavit of two (2) disinterested persons attesting to the birth of the applicant.

2. NBI Clearance (Local Employment)

3. SOLAS Certificates

4. Two (2) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

5. Documentary Stamp

6. A, B, C or D as applicable

B. Revalidation

1. Old SIRB

2. NBI Clearance (Local Employment)

3. SOLAS Certificates

4. One (1) latest black and white, 2" x 2" head photograph; uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

5. Documentary Stamp

c. Reissuance of Filled/Damaged/Lost SIRB

1. Old SIRB, as applicable

2. SOLAS Certificates or valid STCW Certificate issued by MARINA

3. Authenticated PRC License, as the case may be

4. NBI Clearance (Local Employment)

5. Two (2) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

6. Documentary Stamp

7. Service Record from last employer

8. Duly Notarized Affidavit of Loss

(Note: Documents 7 and 8 are required only in cases of reissuance of damaged/lost SIRBs)

3. Fishing

a. New

1. Birth Certificate duly certified by the National Statistics Office (NSO) or the Local Civil Registrar. In the absence of a Birth Certificate, an Affidavit of two (2) disinterested persons attesting to the birth of the applicant.

2. NBI Clearance (VISA Seaman for Overseas and Local Employment for Domestic)

3. Two (2) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. Attire should be collared.

4. Documentary Stamp

5. A or B, as applicable

b. Revalidation

1. Old SIRB

2. NBI Clearance (VISA Seaman for overseas and local employment for domestic)

3. One (1) latest black and white 2"x 2" head photographs uncapped, with signatures at the back. Attire should be collared

4. Documentary Stamp

c. Reissuance of Filled/Damaged/Lost SIRB

1. Old SIRB, as applicable

2. Authenticated PRC License, as the case may be

3. NBI Clearance (VISA Seaman for Overseas and Local Employment for Domestic)

4. Two (2) latest black and white 2" x 2" head photographs, uncapped, with signature at the back. Attire should be collared.

5. Documentary Stamp

6. Service Record from last employer

7. Duly Notarized Affidavit of Loss

8. POEA Adjudication Division Clearance, if applicable.

(Note: Documents 6, 7 and 8 are required only in cases of reissuance of damaged/lost SIRBs)

d. On Board Application for Revalidation/Reissuance Due to Loss (for Overseas only)

1. Letter from the company/agency

2. Photocopy of the contract, if applicable

3. Photocopy of the SIRB

4. Crewlist duly signed by the Master and stamped by the last Immigration Officer

5. Affidavit of Loss duly notarized in the country where said Affidavit was executed and authenticated by the Philippine Embassy or Consulate and/or the Master's Report, for lost SIRBs

4. Offshore

a. New

1. Birth Certificate duly certified by the National Statistics Office (NSO) of the Local Civil Registrar. In the absence of a Birth Certificate, an Affidavit of two (2) disinterested persons attesting to the birth of the applicant.

2. NBI Clearance (VISA Seaman)

3. One (1) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

4. Documentary Stamp

5. Employment Contract

6. A, B, C, as applicable

b. Revalidation

1. Old SIRB

2. NBI Clearance (VISA Seaman)

3. One (1) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/ Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

4. Documentary Stamp

5. Employment Contract

c. Reissuance of Filled/Damaged/Lost SIRB

1. Old SIRB, as applicable

2. Authenticated PRC License, as the case may be

3. NBI Clearance (VISA Seaman)

4. Two (2) latest black and white, 2" x 2" head photographs, uncapped, with signature at the back. For Merchant Marine/Radio/Medical Officers/ Electricians and graduates of BSMT/AMT and BS Mar E/AME, appropriate shoulder board must be observed. For other applicants, attire must be collared.

5. Documentary Stamp

6. Employment Contract

7. Service Record from last employer

8. Duly Notarized Affidavit of Loss

9. POEA Adjudication Division Clearance

(Note: Documents 7, 8, and 9 are required only in cases of reissuance of damaged/lost SIRBs)

e. On Board Application

1. Letter from the company/agency

2. Photocopy of the contract, if applicable

3. Photocopy of SIRB

4. Crewlist duly signed by the Master and stamped by the last Immigration Officer.

5. Affidavit of Loss duly notarized in the country where said Affidavit was executed and authenticated by the Philippine Embassy or Consulate and/or the Master's Report, for lost SIRBs

VI.
Expedite Processing

Applications for expedite processing shall be entertained only upon presentation of any of the following documents in addition to the requirements specified under Section V.C. above:

A. Overseas Employment Contract

B. POEA Notice/Letter allowing the applicant to process documents within fifteen (15) days.

C. Immigration/PPA Berthing or Departure Clearance (for applicants joining in Philippine ports)

D. Letter addressed to Panamanian and other embassies applying for VISA

E. Confirmed plane ticket

VII.
Validity

A. Overseas: five (5) years

B. Domestic: three (3) years

C. Fishing: three (3) years

D. Offshore: five (5) years

VIII.
Fees and Other Charges

A. Overseas and Offshore

New/Reissuance P500.00
Expedite P700.00
Revalidation P300.00
Certificate for on board  
Revalidation P  50.00

B. Domestic

New/Issuance P250.00
Expedite P350.00
Revalidation P150.00

IX.
Suspension/Revocation of SIRB

A. Grounds for Suspension/Revocation of SIRB

1. Incompetence, negligence or incapacity in the performance of duty.

2. Intemperate habits such as drunkenness tending to cause immediate loss or destruction or serious damage to the vessel or tending to endanger the life of any person organic to or passenger of such vessel.

3. Insubordination or direct assault.

4. Violation of the terms and conditions of the contract without just cause.

5. Final conviction by a court of competent jurisdiction of a crime involving moral turpitude.

B. Mandatory Revocation of SIRB

1. Assault with dangerous weapon

2. Malicious destruction of ships property

3. Misconduct resulting in loss of life and/or serious injury.

4. Molestation of passenger

5. Murder or attempted murder

6. Mutiny

7. Possession, use, sale or association with prohibited drugs, including marijuana

8. Smuggling of aliens or goods including firearms and ammunitions

9. Sabotage

10. Court conviction of a crime involving moral turpitude

11. Theft of ship's property or stores

12. Perversion

13. Jumping ship

14. Serious neglect of duty

C. Those seafarers included in the watchlist pursuant to Memorandum Circular No. 96 are disqualified from the issuance of SIRB.

X.
Administrative Fines and/or Penalties

1. Any seafarer who shall go on board vessels and/or shipping company/manning agency which shall allow a seafarer to go on board/join a vessel without first securing an SIRB shall be solidarily liable and shall be subject to the following administrative fine:

 
Seafarer
Shipping Co./Manning Agency
First Offense
P2,000.00
P10,000.00
Second Offense
P3,000.00
P15,000.00
Third & Succeeding Offenses
P5,000.00
P20,000.00

In case a seafarer goes on board with SIRB whose validity is shorter that his/her contract of employment, the liability of the seafarer and the shipping company/manning agency shall be equivalent to one-half the penalties above provided.

2. Any applicant who submits any false statement or misrepresentation in his application, fraudulent or tampered certificates or documents, including holders of fake/tampered SIRBs, shall be subject to criminal prosecution under the Revised Penal Code and administrative penalty as follows:

 
First Offense
Second and Succeeding Offenses
Officers:    
Master Mariner   P7,000.00   P14,000.00
Chief Engineer   P6,000.00   P12,000.00
Chief Mate/2nd Engr.   P5,000.00   P10,000.00
2nd Mate/3rd Engr./Radio Operator/Electrician   P4,000.00   P  8,000.00
3rd mate/4th Engr.   P2,000.00   P  4,000.00
Ratings:   P2,000.00   P  4,000.00

For succeeding offenses, suspension or disqualification to practice his/her profession by the Professional Regulations Commission or proper government agency upon recommendation of the Maritime Industry Authority shall be imposed.

3. Shipping companies or manning agencies requesting or recommending issuance of an SIRB for and/or in behalf of a particular seaman shall be held responsible for the spurious or tampered documents submitted to this Authority which were secured or tampered by the shipping company or manning agency or any of their employees or liaison officers/messengers, or where said company or agency or employee or liaison officer/messenger has tampered or participated in securing the documents from any source shall be made solidarily liable to the following administrative fine:

First Infraction
Twenty Five Thousand (P25,000.00) Pesos
Second Infraction
Fifty Thousand (P50,000.00) Pesos and suspension of company's license for one (1) month by the Philippine Overseas Employment Administration or proper government agency upon recommendation of MARINA.
Third Infraction
One Hundred Thousand Pesos (P100,000.00) and cancellation of the company's license by the Philippine Overseas Employment Administration or proper government agency upon recommendation of MARINA.

In addition, the responsible officials of the company or agency and employee/liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code.

XI.
Repealing Clause

Henceforth, MARINA Memorandum Circular No. 87 is hereby repealed accordingly.

XII.
Effectivity

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

Adopted: 16 Mar. 1995

(SGD.) PACIENCIO M. BALBON, JR.
Administrator

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