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June 12, 2003


MEMORANDUM OF AGREEMENT ON THE RECOGNITION OF TRAINING AND CERTIFICATION OF SEAFARERS BETWEEN THE GOVERNMENT OF MONGOLIA AND THE REPUBLIC OF THE PHILIPPINES

1. This Agreement is for the recognition of national certificates and is made under the terms of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended in 1995, hereinafter referred to as "STCW '95." This Agreement is made without prejudice to the National laws of either Party.

2. For the purpose of this agreement:

  • The term "Mongolia Administration" means the "Mongolia Ship Registry" of Mongolia, the national body representative of Mongolia in respect to sea transport and marine issues; and
  • The term "Philippines Administration" means the "Maritime Training Council of the Philippines."

3. All communications arising from this agreement shall be made to the persons named below:

Mongolia:

The Director
Mongolia Maritime Administration
Ministry of Infrastructure
10 Anson Road #25-13
International Plaza Singapore 079903
Telephone: (65) 6225-0125
Fax: (65) 6225-0305
Email: info@mgnshp.rnn
Website: www.mqnship.mn

Republic of the Philippines:

Executive Director
Maritime Training Council
6th Floor, POEA Building,
Ortigas Avenue corner EDSA,
Mandaluyong City, Philippines
Telephone: (632) 725-1323, 725-1298, 727-5716
Fax:(632)725-1266
E-mail: info@mtc.gov.ph
Website: www.mtc.gov.ph

4. Having regard to the provisions of Regulation I/10 of the STCW '95, including the related provisions of the STCW Code, the Parties undertake that:

4.1 The Philippines Administration is the Party whose national certificates are to be recognized, and the Mongolia Administration is the Party that will provide its Certificates of Endorsement (recognition) as evidence of such recognition.

4.2 An essential pre-condition to the issue of Certificates of Endorsement by the Mongolia Administration is compliance by the Philippines Administration of the requirements of Regulation I/7 of the STCW '95 and Section A-I/7 of the STCW Code.

4.3 The Philippines Administration shall ensure that the training and assessment of seafarers as required under STCW '95 are administered and monitored in accordance with the provisions of Section A-I/6 of the STCW Code and that a register or registers of all certificates and endorsements is maintained and the information will be made available as required by Regulation I/9 of the STCW '95. Similarly, the Philippines Administration shall ensure that those who are responsible for and those who provide such training and assessment are qualified in accordance with the provisions of Section A-I/6 of the STCW Code for the type and level of training or assessment involved.

4.4 In accordance with Regulation I/10.1.1 of the STCW '95, the Philippines Administration will allow the Mongolia Administration to undertake periodic inspection of it approved facilities and procedures, and that it will make materials and training facilities available for inspection and review when requested. Similarly, the Philippines Administration will allow the Mongolia Administration to have access to the results of the quality standards evaluation conducted in accordance with Regulation 1/8 of the STCW '95

4.5 The Philippines Administration will notify the Mongolia Administration within ninety (90) days of any significant change in the arrangements for training and certification applied under its Administration in accordance with STCW '95, and in particular Regulation 1/10.1.2. The significant changes include:

4.5.1 changes in the contact details of the official responsible for authentication checks;

4.5.2 changes affecting the procedures set forth in this Undertaking; and

4.5.3 changes that amount to substantial differences from the information communicated to the Secretary-General pursuant to Section A-l/7 of the STCW Code.

4.6 The Philippines Administration acknowledges that endorsements issued by it in recognition of a certificate issued by another Party, will not be accorded further recognition by the Mongolia Administration in accordance with Regulation 1/10.6 of STCW '95.

4.7 Seafarers at the management level are required by the Mongolia Administration to acquire an appropriate knowledge of the maritime legislation of the Mongolia Administration relevant to the functions they are permitted to perform before they are issued Certificates of Endorsements.

4.8 Where the Mongolia Administration withdraws its recognition of a certificate issued by the Philippines Administration for disciplinary reasons, the Mongolia Administration shall notify the Philippines Administration of the circumstances of such withdrawals.

5. This agreement shall take effect on the date both Parties have indicated through diplomatic channels that the domestic requirements for its entry into force have been complied with. It shall remain valid for a period of five (5) years, and, shall be renewed automatically unless either Party gives six (6) months notice before the expiration of this agreement.

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FOR THE PHILIPPINES ADMINISTRATION FOR THE MONGOLIA ADMINISTRATION
   
(Sgd.) MANUEL G. IMSON (Sgd.) SUNDEV ZORIGT
Acting Secretary, Department of Labor Director, Mongolia Shipping Division
and Employment Mongolia Maritime Administration
  Ministry of Infrastructure
   
Dated this 12th day of June 2003. Dated this 05 day of June 2003


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