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Adopted: 17 November 2014
Date Filed: 28 January 2015
Pursuant to Republic Act 10635 and its Implementing Rules and Regulations (IRR) and the 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW), as amended, the following rules shall be adopted:

1. OBJECTIVE

1.1	To prescribe standards and procedures in the issuance and revalidation of Certificate of Proficiency (COP) under the STCW Convention, or any documentary evidence related thereto; and
1.2	To ensure complete, effective and timely compliance with the 1978 STCW Convention, as amended;

2. COVERAGE
All seafarers serving or intending to serve in certain functions on board ship required to carry a Certificate of Proficiency (COP) or documentary evidence, in accordance with the requirements of Chapter II, III, V and VI of the 2010 Manila Amendments to the STCW Convention.

3. DEFINITIONS
For the purpose of this Circular, in addition to the terms defined under STCW Circular No. 2014-01 and the IRR of Republic Act No. 10635, the following terms shall be defined as follows:

3.1	“STCW Code” refers to the Seafarers’ Training, Certification and Watchkeeping Code, as adopted by the 2010 STCW Conference, except as otherwise expressly stated;
3.2	“Certificate of Proficiency” (COP) means a certificate, other than a certificate of competency, issued to a seafarer by or under the authority of the Administration, stating that the relevant requirements of training competencies or seagoing service under the STCW Convention have been met;
3.3	“Evidence of having achieved the required standard of competence” means proof that the candidate for certification has attained the standard to the satisfaction of the Administration with the methods for demonstrating competence and criteria for evaluating of competence tabulated in Column 3 and 4 of Table of Competencies of the STCW Code.
3.4	“Evidence of having maintained the required standard of competence” means proof that the candidate for certification has continued to possess the competence as per the standard to the satisfaction of the Administration, in accordance with Sections A-Vl/1, A-Vl/2 and A-VI/3, of the STCW Code, as applicable.
3.5	“Continued professional competence” means the state of maintaining professional competence as established by any of the modes prescribed by Section A-I/11 of the STCW Code.
3.6	“Seafarer” means any person who is employed, engaged or working in any capacity on board a ship to which the Convention applies.
3.7	“Existing Seafarer” means a seafarer who holds a valid certificate issued and recognized under any provisions of the STCW Convention.
3.8	“New Seafarer” means a seafarer who is newly qualified for the issuance of a certificate under the relevant provisions of the STCW Convention, and who was not previously qualified and certificated under any of those provisions.
3.9	“Returning seafarer” means a seafarer who was previously certificated under the relevant provisions of the STCW Convention, intending to return to sea after along period ashore, but lacking the approved seagoing service, performing functions appropriate to the certificate held for a period of at least twelve (12) months during the preceding five years, or three (3) months during the preceding six months.
3.10	“Approved in-service experience ashore” means experience acquired other than while serving on board ship relevant to specific competencies for the purpose of issuance or revalidation of certificates under STCW, as established and recognized by the Administration.
3.11	“Medical certificate” means a certificate issued in accordance with the applicable provisions of Regulation 1/9 (Medical Standards) of the STCW Convention, on the standards of medical fitness, and is valid for a maximum period of two years, unless the seafarer is under the age of 18, in which case the validity shall be one year.
3.12	“Refresher training” means an approved training program so structured as to ensure that an existing seafarer achieves the required standard of competence at intervals of five (5) years, in accordance with Regulation l/11 of the STCW Convention.
3.13	“Updating training” means an approved training program so structured as to ensure that the knowledge of an existing seafarer is in accordance with and includes the changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment and any update or revision of the standard of competence concerned.
3.14	“Revalidation of a certificate” means establishing continued professional competence in accordance with Regulation l/11 or maintaining the required standards of competence in accordance with Sections A-Vl/1 to A-VI/3, and other regulations, as applicable.
3.15	“Assessment of competence” is the process of evaluating evidence of competence through one or more of the methods for demonstrating competence and criteria for evaluating of competence tabulated in Column 3 and 4 of Table of Competencies of the STCW Code, as amended, as established by the Administration.

4. GENERAL PROVISIONS

4.1	Revalidation of certificates under Regulation V/1-1 for Masters and Officers shall be in accordance with the applicable provisions of Regulations I/9, l/11 and l/15 of the STCW Convention.
4.2	Revalidation of certificates under Chapter II, III and VI for existing seafarers and returning seafarers shall be in accordance with the specific regulations for the certificates being applied for and the applicable provisions of Regulations I/9 and l/15 of the STCW Convention.
4.3	Issuance of certificates for a new seafarer shall be in accordance with the specific regulations for the certificates being applied for and the applicable provisions of Regulations l/2, I/9 and I/15 of the STCW Convention.
4.4	The approved Training Record Book (TRB) is a documentary evidence showing that the standard of competence required under the STCW Convention have been met and demonstrated on board, as established and approved by the Administration.
4.5	The Administration shall continue to renew, revalidate and recognize certificates issued under the provisions of the STCW Convention, as amended in 1995, until December 31, 2016, and shall be valid until such date only.
4.6	Certificates issued by the approved/recognized training provider or Maritime Training Institution (MTI) under the authority of another Party may be issued a COP by this Administration, subject to additional verification requirements and standards and guidelines set by this Administration.
4.7	COP issued under Regulations V/1-1 and V/1-2 (Masters and Officers on tankers), VI/1, VI/2 and VI/3 of the STCW Convention shall be revalidated every five (5) years. The validity of such COP shall coincide with the validity of the Certificate of Competency (COC) issued under Regulations II/1, II/2, II/3, Ill/1, Ill/2, Ill/3, Ill/6, IV/2 or VII/2, as appropriate.
4.8	Refresher training is an approved training program which is shorter than the full training program, but covers all the competencies and tasks, and is in accordance with the methods for demonstrating competence set forth in the Table of Competencies under Column 3 of the STCW Code.
4.9	Updating training and assessment of competence related thereto shall be aligned with the competencies as required by the STCW 2010 Manila Amendments.
4.10	Valid COPs issued under the provisions of the STCW Convention, as amended in 1995, shall continue to be recognized and may be revalidated, under the provisions in which the seafarer has been determined to be compliant.
4.11	Seafarers applying for revalidation of certificates issued under regulations VI/1, VI/2 and VI/3 of the STCW Convention shall be required to provide evidence of having maintained the required standard of competence.
4.12	Evidence of having achieved the required standard of competence shall be required for all issuances of COP in any of the following:
	.1	a new seafarer under the relevant provisions of the STCW Convention; or
	.2	an existing seafarer seeking new or additional certification; or
	.3	a returning seafarer; or
	.4	a seafarer under Regulation V/2 (Special Training Requirements on Passenger Ships); or
	.5	as required by the STCW, or other national or international legislation.
4.13	Seafarers meeting the requirements of Regulation II/5, Paragraph 6 of the STCW Convention, or Regulation II/5, Paragraph 2 of the STCW Convention and Section A-II/5 of the STCW Code, shall be issued a COP as Able Seafarer Deck.
4.14	Seafarers meeting the requirements of Regulation Ill/5, Paragraph 4 of the STCW Convention, or Regulation Ill/5, Paragraph 2 of the STCW Convention and Section A-Ill/5 of the STCW Code, shall be issued a COP as Able Seafarer Engine.
4.15	Seafarers meeting the requirements of Regulation Ill/7, Paragraph 4 of the STCW Convention, or Regulation Ill/7, Paragraph 2 of the Convention and Section A-Ill/7 of the STCW Code, shall be issued a COP as Electro- Technical Rating.
4.16	Under any provisions of the STCW Convention, there is no retraining. In certain specific instances under the Regulations, there may be Refresher or Updating Training, and/or Assessment of Competence.
4.17	A returning seafarer who has not been onboard for a total accumulated period of twelve (12) months in the last five years, or three (3) months in the last six months shall undergo Refresher and/or Updating Training, as appropriate, and Assessment of Competence.
4.18	For the purpose of revalidation of certificates only, seafarers performing functions considered to be equivalent to approved seagoing service may provide documentary evidence of in-service experience ashore or otherwise, relating to specific competencies on board, where the nature of such functions require, by regulation, an equivalent level of competency to perform on board ships, under the following conditions:
	.1	Every two (2) days of in-service experience ashore is equivalent to one (1) day of sea going service (2 to 1 ratio);
	.2	Such may be used only for the required total accumulated period of twelve (12) months in the last five years of actual seagoing service, and not for the three (3) months in the last six months;
	.3	The following functions are considered to be equivalent to seagoing service for revalidation of certificates:
		.1	Service in the Administration, specific to STCW-related tasks;
		.2	Service as Naval or Coast Guard Officer in the Philippines, under the Guidance in Section B-IX of the STCW Code;
		.3	Actual days of service an Accredited lnstructor, Supervisor or Assessor of Competence in an Approved Training Program (ATP) in an MTI;
		.4	Actual days of service as an Accredited Instructor, Member of the Faculty, Supervisor, Dean, Shipboard Training Officer or Assessor of Competence for an Approved Education and Training Program (AETP) in an MHEI;
		.5	Actual period of service as Sea or Harbor Pilot;
		.6	Service as onboard instructor or assessor of competence;
		.7	Other such functions which require, by regulation, an equivalent level of certificate of competency or certificate of proficiency, to perform while serving on land.
4.19	Having performed security functions considered to be equivalent to the seagoing service as stated in Section A-Vl/6 paragraph 9.2 of the STCW Code. Twelve (12) months of security duties ashore can be equated to six (6) months of seagoing service. Documentary evidence of service showing security related functions are required. The following security functions are considered to be equivalent to seagoing service:
	.1	Security Officers (Private or Government);
	.2	Navy Officers and Enlisted Personnel;
	.3	Coast Guard Officers and Enlisted Personnel;
	.4	Maritime Police Officers and Non-Commissioned Officers;
	.5	Other such functions which require, by regulation, the performance of related security functions, as determined by the Administration;

5. SPECIFIC PROVISIONS

5.1	Applications for issuance of COP under this Circular shall be filed at the STCW Office, MARINA Central Office, or at any of the MARINA Regional Offices (MROs) upon the proper delegation of such function.
5.2	Applications for issuance of COP under this Circular may be filed by the seafarer or by the accredited Liaison Officer (L.O.) of the company.
5.3	Issuance of COP for seafarers on board ships may be allowed in cases of promotion, lost, damaged, correction of entry, or for any reasons that the seafarers failed to possess valid COP on board shall in addition submit the following:
	.1	Request letter from the shipping or manning agency stating the reasons and nature of request;
	.2	Oath of Undertaking from the company;
	.3	Copy of vessel’s Crew List duly signed by the Master;
	.4	Letter of Authorization authorizing the liaison officer to process application in behalf of the seafarer.
5.4	Issuance of COP for certificates issued by a recognized training provider under the authority of another Party recognized by this Administration shall, in addition, submit:
	.1	Certification from the Administration or on behalf of the Administration of that Party stating that the seafarer has been assessed and that the certificate issued is authentic; or
	.2	Certificate of Proficiency issued by that Party or by the institution approved by that Party, and such COP is verifiable online; or
	.3	Certification coming from the Administration or on behalf of the Administration certifying that the seafarers has been assessed and that the certificate issued is authentic.

6. QUALIFICATIONS AND DOCUMENTARY REQUIREMENTS
The qualification and documentary requirements for issuance of COP for seafarers must always be in accordance with the requirements of the 2010

Manila Amendments to the STCW Convention, and other applicable regulations, as appropriate.

6.1	Specific requirements for the Issue of Certificate of Proficiency for new seafarers shall be in accordance with Annex “A” of this Circular, as may be amended.
6.2	In conjunction with Section A-11 of the STCW Code on the requirements to establish Continued Professional Competence, specific requirements for the Revalidation of Certificate of Proficiency for existing seafarers and returning seafarers shall be in accordance with Annex “B” of this Circular, as may be amended.

7. REFRESHER AND UPDATING TRAINING

7.1	In accordance with Section A-Vl/1, Paragraph 3 of the STCW Code, evidence of having maintained the required standard of competence to undertake the tasks, duties and responsibilities listed in Column 1 of Table A-VI/1-1 and A-Vl/1-2, may be proved through an approved refresher training and assessment of competence every five years in the following areas of Basic Training (BT):
	.1	Personal survival techniques; and
	.2	Fire prevention and fire fighting.
7.2	However, in relation to 7.1.1 above, an applicant may submit evidence of on board training and experience for having maintained the required standard of competence to undertake the tasks, duties and responsibilities listed in Column 1 of Table A-VI/1-1 (Personal survival techniques) in the areas enumerated in Section A-Vl/1.4.1, and Table A-Vl/1-2 (Fire prevention and fire fighting) in the areas enumerated in Section A-VI/1.4.2 of the STCW Code;
7.3	In accordance with Section A-VI/2, Paragraph 5 of the STCW Code, evidence of having maintained the required standard of competence to undertake the tasks, duties and responsibilities listed in Column 1 of Table A-VI/2-1, may be proved through an approved refresher training and assessment of competence every five years in Proficiency in Survival Craft and Rescue Boats other than Fast Rescue Boats (PSCRB).
7.4	In accordance with Section A-VI/2, Paragraph 11 of the STCW Code, evidence of having maintained the required standard of competence to undertake the tasks, duties and responsibilities listed in Column 1 of Table A-VI/2-2, may be proved through an approved refresher training and assessment of competence every five years in Proficiency in Fast Rescue Boats (PFRB).
7.5	In accordance with Section A-VI/3, Paragraph 5 of the STCW Code, evidence of having maintained the required standard of competence to undertake the tasks, duties and responsibilities listed in Column 1 of Table A-VI/3, approved refresher training and assessment of competence every five years in Advanced Fire Fighting (AFF).
7.6	To ensure that the knowledge of an existing seafarer is in accordance with and includes the changes in national and international regulations concerning the safety of life at sea, security and the protection of the marine environment and any update or revision of the standard of competence concerned, approved updating training shall be advised by this Administration henceforth.

8. SCHEDULE OF FEES AND CHARGES
In accordance with MC 2013-09, the following fees and charges shall be applied, until such time that a new schedule of fees and charges have been approved:

8.1	Issuance and/or revalidation of Certificate of Proficiency shall be subject to the following schedule of fees and charges:
	.1	Regular Processing - P200.00 per Certificate
	.2	Expedite Processing - P400.00 per Certificate
	.3	On-Board Processing - P400.00 per Certificate
8.2	Replacement of Lost or Damaged Certificate - P200.00 per Certificate
	.1	Lost certificate - Must submit duly notarized affidavit of loss
	.2	Damaged certificate - Must present damaged certificate
8.3	Certified True Copy - P100.00 per photocopied certificate

9. STANDARD PROCESSING TIME
The following table summarizes the standard processing time for the issuance of COPs:

Filed by	Regular	Expedite
Individual	Within 5 working days	Within 24 hours
Manning Agency	Within 15 working days	Within 5 working days
Training Centers	Within 15 working days	None

10. ADMINISTRATIVE SANCTIONS AND PENALTIES
In accordance with MC 2013-09, the following administrative sanctions and penalties shall be applied, until such time that a new schedule of sanctions and penalties shall have been established:

10.1	Any ship management company, manning agency, MHEl, MTI, liaison officer, seafarer or any other person providing fraudulent or tampered documents, false statements or misrepresentation shall be penalized as follows:
	.1	Ship management company, manning agency, MHEI, MTI, liaison officer, and others;
		.1.1	First Violation - P25,000.00
		.1.2	Second Violation - P50,000.00 and without prejudice to the suspension for three (3) months of the accreditation.
		.1.3	Third & Succeeding Violation - P100,000.00 and without prejudice to the cancellation and/or revocation of accreditation.
	.2	Seafarers
		First Offense Second Offense Third Offense Master Mariner P15,000.00   P25,000.00   P30,000.00   Chief Engineer P15,000.00   P20,000.00   P25,000.00   Chief Mate/Second Engineer P10,000.00   P15,000.00   P20,000.00   Second Mate/Third Engineer P8,000.00   P10,000.00   P18,000.00   Third Mate/Fourth Engineer P6,000.00   P12,000.00   P15,000.00   Ratings and Others P5,000.00   P8,000.00   P12,000.00
		The above penalties are without prejudice to any criminal liability under the Revised Penal Code.
10.2	Any ship management company, manning company, or MTI that requires a seafarer to repeatedly undergo an ATP to which the seafarer has already been trained for, except for refresher and updating training, and assessment as required by the Administration, shall be penalized as follows:
	.1	First Violation - P25,000.00
	.2	Second Violation - P50,000.00 and without prejudice to suspension of accreditation for three (3) months.
	.3	Third & Succeeding Violation - P100,000.00 and without prejudice to the cancellation and/or revocation of accreditation.

11. REPEALING CLAUSE
Except as otherwise reiterated, all the other provisions of MARINA MC 2013-09 including Annex “A” and MC 2013-08 are hereby repealed. All other issuances, rules and regulations which are inconsistent with the provisions of this Circular are hereby repealed, amended or modified accordingly.

12. EFFECTIVITY
This STCW Circular shall take effect immediately upon its publication in a newspaper of general circulation.

Manila, Philippines, 17 November 2014.


Submitted:

(SGD) DR. ALVIN “TOR” TORMON
Executive Director

Approved:

(SGD) DR. MAXIMO Q. MEJIA, JR.
Administrator