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July 29, 2005

AN UNDERTAKING

1. This undertaking is for the recognition of national certificates and is made under the terms of the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. The Convention is referred to in this undertaking as "the STCW Convention", and the Code Annexed to the STCW Convention is referred to as "the STCW Code". This undertaking is made without prejudice to the national laws of either party.

2. For the purpose of this undertaking:

• The term "Issuing Authority" means "The Philippines", and
  
• The term "Administration" means 1L St. Vincent and the Grenadines ", are hereinafter referred to as "the Parties"

3. the officials of the Parties, concerned with the implementation of this undertaking (hereinafter referred to as "officials") are:

The Issuing Authority:	The Philippines
Title of Official:
Address:	Maritime Training Council 61" Floor POEA Building Ortigas Avenue, Corner EDSA Mandaluyong City 1501
Tel:	+632 72 75 716 / 725 13 23 / 7728
Telefax:	+632 72 51 266
E-mail:	info@mtc.gov.ph
The Administration:	St. Vincent and the Grenadines Maritime Administration
Title of Official:	Commissioner for Maritime Affairs
Address:	8 Avenue de Frontenex 1207 Geneva Switzerland
Tel:	+4122 707 63 00
Fax:	+41 22 707 63 50
E-mail:	geneva@svg-marad.com

4. (1) The officials may designate one or more persons to perform on their behalf any functions emanating from this undertaking and in such case, the officials shall each communicate to the other in writing the names, position and contact details of the persons they have designated.

(2) For the purpose of paragraph (1), the officials, will each forward to the other in writing by telefax or e-mail any change in the names, position and contact details of the persons so designated.

5. Having regard to the guidance on arrangements between State Parties to the STCW Convention approved by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO) during its seventy third session in May 2000 (MSC/Circ.950) and to the provisions of regulation 1/10 of the STCW Convention including the related provisions of the STCW Code, the Parties have reached the following understanding:-

(1)  The Issuing Authority is the Party whose national certificates are to be recognized, and the Administration is the Party that will provide its endorsement (hereinafter referred to as "flag state endorsement") as evidence of such recognition.

(2) The Administration will issue flag state endorsements pursuant to regulation 1/2, paragraph 5, of the STCW Convention following compliance by the Issuing Authority with the requirements of regulation 1/7 of the STCW Convention and section A-1/7 of the STCW Code.

(3) The Issuing Authority shall ensure that the training and assessment of seafarers required under the STCW Convention are administered and monitored in accordance with the provisions of section A-I/6 of the STCW Code, and that a register of all certificates and endorsements is maintained and the information will be made available as required by regulation 1/9 of the STCW Convention.

(4)  The Issuing Authority shall further ensure that those who are responsible for, and that those who provide such training and assessment are qualified in accordance with the provisions of section A-1/6 of the STCW Code for the type and level of training or assessment involved.

(5) In order for its certificates to be recognized by the Administration for flag State endorsements, the Issuing Authority shall give the Administration assurance and confirmation through all necessary measures, that it is giving full and complete effect to the provisions of the STCW Convention and continues to do so, by giving its consent for the administration to:

(a) Visit the facilities of the Issuing Authority

(b) Observe the procedures used by the Issuing Authority, or

(c) Review the policies which have been approved or employed by the Issuing Authority for the purposes of meeting the requirements of the STCW Convention with regards to the following:

I. standards of competence;

II. the issue, endorsement, revalidation and revocation of certificates

III. the keeping of records.

IV. standards of medical fitness; and

V. communication and response process to request for verification

(6) The Issuing Authority will allow the Administration to have access to the results of the quality standards evaluations conducted in accordance with regulation 1/8 of the STCW Convention.

(7) The Issuing Authority undertakes to have and maintain a proper set-up for the purposes of facilitation of communication and quick response, namely in writing by telefax or by e-mail, for the verification process of certificates and for the continued implementation of the regulation of the STCW Convention. Furthermore, the Issuing Authority undertakes an aim to respond in writing by telefax or by e-mail within five working days of a certificate verification request by the Administration, subject to the continued operation of the Issuing Authority's electronic database.

(8) (i) In the case of any significant changes made in the arrangements for the training and certification, the Issuing Authority must within ninety (90) days inform the Administration in writing of the changes.

(ii) For the purposes of paragraph (i) changes are considered significant in the following cases:

(a) changes in the position or contact details of the official/s responsible for implementing this undertaking;

(b) changes in the procedures provided for in this undertaking or as a result of this undertaking;

(c) changes, which amount to substantial differences from the information, communicated to the International Maritime Organization (IMO) pursuant to Section A-I/7 of the STCW Code.

(9) the Issuing Authority acknowledges that, in accordance with the provisions of regulation 1/10, paragraph 6, of the STCW Convention, flag state endorsements issued by it in recognition of a certificate issued by another State Party to the STCW Convention will not be accorded further recognition by the Administration.

(10) Seafarers at the management level are required by the Administration to acquire an appropriate knowledge of the maritime legislation of the Administration relevant to the functions they are permitted to perform.

(11) The Administration has the right to suspend, revoke, or otherwise withdraw the flag state endorsement of a certificate for disciplinary reasons or any reason it may deem fit. The Administration shall inform the Issuing Authority accordingly giving the reasons for its decision within ninety (90) days of such suspension, revocation or withdrawal.

6. (1) This undertaking shall enter into force on the later of the two dates shown below.

(2) This undertaking shall be valid for a period of five years from the later of the two dates shown below and shall be tacitly renewed for successive periods of five years unless one of the parties informs the other in writing, at least 90 days prior to the date that the undertaking is terminated.

(3) Any significant changes in this undertaking, that may change the spirit of this undertaking, must be made with the written consent of both parties. Failure in this regard will entitle the other Party to terminate the undertaking. Termination must be done in writing and will take effect within 90 days from the date of the notice of termination.

(4) Additional clauses and supplements to this undertaking, which do not change the spirit of this undertaking but serve only to complement it, may be made with the mutual consent of both parties.

APPENDIX I

CONTACT DETAILS - AUTHORITY RESPONSIBLE FOR THE AUTHENTICATION OF THE "THE PHILIPPINES" CERTIFICATES

CONTACT DETAILS -ENDORSEMENTS OF CERTIFICATES

St. Vincent and the Grenadines Maritime Administration
8 Avenue de Frontenex
1207 Geneva
Switzerland

Attn: Commissioner for Maritime Affairs

Tel.: +4122 707 63 00
Fax: +4122 707 63 50
E-mail: geneva@svg-marad.com