DIRECCION GENERAL DE LA MARINA MERCANTE REPUBLICA DE HONDURAS

Transcription

1 DIRECCION GENERAL DE LA MARINA MERCANTE REPUBLICA DE HONDURAS Tegucigalpa, M. D. C., June 2i h 2011 W DE OFICIO DGMM 204 Mr. MCCLEAN HOBSON Director of Maritime Affairs Intemational Registrar of shipping & Seamen St. Kitss and Nevis Intemational Ship Registry Dear Mr. MCCLEAN HOBSON: On behalf of the Maritime Administration of Honduras receive a respectful and cordial greeting. The reason for the present letter is to approach you in order to establish arrangements that will give the Maritime Administration of Honduras the possibility to recognize the. certificates issued by your Administration. Our interest comes from the STCW Convention 1978, as amended in 1995 that introduced new elements for Administrations to recognize certificates of another Flag State or depending on the Administration to establish arrangements for recognition of certificates of competence. In compliance to Regulation II10 of the STCW Code, the Maritime Administration of Honduras is proposing the subscription of a memorandum of understanding between both Administrations in accordance of the MSC Circular 950 regarding the guidance on arrangements between Parties to allow for recognition of certificates, enclosed document. We will await an answer as soon as possible; if it is affirmative proceed to the subscription ofthe document and send the copy duly signed. Cc: Archivo EICGIE ICG Boulevard Los Próceres, Edificio Atala, No. 2930, 2 Cuadras arriba de la Embajada Americana, Apdo. Postal 3625 Tegucigalpa, M.D.C., Honduras, CA PBX: (504) , , , , Fax: (504) info@marinamercante.hn

2 UNDERTAKING BETWEEN THE GENERAL DIRECTORATE OF THE MERCHANT MARINE OF HONDURAS ON BEHALF OF THE GOVERNMENT OF HONDURAS AND MARITIME ADMINISTRATION OF THE FEDERATION OF SAINT CHRISTOPHER (KITTS) & NEVIS ON BEHALF OF THE GOVERNMENT OF THE FEDERATION OF SAINT CHRISTOPHER (KITTS) & NEVIS ON RECOGNITION OF CERTIFICATES OF COMPETENCE PURSUANT TO REGULATION 1/10 OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED IN This Undertaking is for the recognition of national seafarer qualifications and is made under the terms of the International International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in The Convention is referred to in this Undertaking as "the STCW Convention", and the code annexed to it is referred to as "the STCW Code". Being guided by the instructions for establishing arrangements between the Parties to the STCW Convention contained in the MSCj Cire. 950 of May 30 th 2000, adopted by the 72d Session of the Maritime Safety Committee of the International Maritime Organization, this Undertaking is made without prejudice to the national laws of either participant and with the strict application of the reciprocity principie, Have agreed as follows: Paragraph 1 Definitions 1.1. The term "Administration" means the Directorate General of the Merchant r<. Marine of Honduras represented by the Seafarers Department and the Government of the Federation of Saint Christopher (Kitts) & Nevis represented by the Department of Maritime Affairs, Ministry of Tourism and International Transport, competent Bodies duly authorized according to their national legislation of their countries which will recognize certificates of competence issued and will endorse, acting at the same time as a Certificate- issuing Party The term "Certificate-issuing Party" means the General Directorate of the Merchant Marine of Honduras and Maritime Administration of the Federation of Saint Christopher (Kitts) & Nevis, competent bodies authorized by its Governments The term "Designated Official" means the appropriate official referred to in Appendix The term "facilities and procedures" means Escuela Marítima Centroamericana (EMCA) (Central American Seafarer Training School) and

3 the Seafarers Department, operating within the lirnits of Party's responsibility according to the STCW Convention authorized by the Maritime Administration of Honduras, as well as the system or controlling and observing cornpliance with STCW Convention's requirements on training, assessment and certification for seafarers of Certificate-issuing Partv and in the case of the Federation of Saint Christopher (Kitts) and Nevis is: the Department of Maritime Affairs, Ministry of Tourism and International Transport The term "Certificate of competence" means a valid document, issued by Certificate-issuing Party or under its authority, or recognized by it, giving its holder the right to occupy the position according to the certificate of competency or national laws and regulations The term "Certificate of recognition" means a valíd document issued by Administration confirming its holder the right to occupy the position according to the national legislation of the Administration. Paragraph 2 Terms of Recognition Pursuant to Regulation 1/10 of STCW Convention and to ensure compllance with STCW Convention and STCW' 95 Code, Administration undertakes to recognize certificates of competence of Certificate - issuing Party, provided that the following conditions are satisfied: 2.1. The Certificate- issuing Partv is the participant whose national certificates are to be recognized, and the Administration is the participant that will provide endorsement as evidence of such recognition An essential pre-condition to the endorsement of recognition by the Administration is compliance by the Certificate-issuing Party with the requirements of Regulation 1/7 of the STCW Convention and Section A-1/7 of the STCW Codeo 2.3. Certificate-issuing Party ensures that training and assessment for seafarers are performed and controlled according to provisions of Section A-1/6 of STCW r 95 Code and STCW Convention requirements, and that a register of all certificates and endorsements ís maintained and the information in the register made available as required by Regulation 1/9 of the STCW Convention Certificate-issuing Partv ensures that certificates of competence are duly registered and authenticated Certificate-issuing Party ensures that persons responsible for training and assessment for seafarers are duly qualified pursuant to the requirements of Section A-1/6 of STCW '95 Codeo 2.6. Certificate- issuing Party will allow, according to Regulation 1/10 of STCW Convention, access to its facilities and procedures for inspecting and observing purposes. Compliance with the requirements of STCW Convention may be examined by Administration regarding the following:

4 (i) standards of competence; (ii) issue, endorsement, revalidation and revocation of certificates of competence; (iii) registration of certificates of competence; (iv) medical fitness standards for seafarers, (v) Communication and response processto request for verifications Certificate-issuing Party undertakes, within ninety (30) working days, to notify the Administration of any significant changes and should be understood to include: (i) changes in the position, address or access information of the designated official; (ii) changes affecting the procedures set forth in this Memorandum; (iii) Changes which amount to substantial differences from the information communicated to the Secretary General of the International Maritime Organization pursuant to section A-I/7 of STCWCodeo 2.8. Certificate-issuing Party undertakes, within thirty (30) working days, to notify Administration of any withdraw, revocation or suspension of certificates of competence for disciplinary reasons Administration undertakes within thirty (30) working days, to notify Certificate-issuing Party of any revalidation or revocation of certificates of recognition stating the reasons of the revalidation or revocation Certificate-issuing Partv ensures that evaluation of quality standards is in compliance with the requirements of Regulation 1/8 of STCW '95 Convention. Paragraph 3 Visiting Procedures 3.0 Visiting by Administration of approved facilities and procedures of Certificateissuing Party will follow notification, thirty (30) working days prior to expected date of visit, by fax or on behalf of the interested Administration containing: (i) Purpose of visiting; (ii) Facilities and procedures to be visited by Administration; (iii) List of visiting officials from Administration. Paragraph 4 Verification Procedures 4.1. The Administration may, in accordance with Regulation 1/10 of the STCW Convention, verify the validity or the contents of a certificate issued by the Certificate-issuing Party. When requesting verification, the designated official or deputy of the Administration will in writing contact the designated official of the Certificate-issuing Party, who will in writing, electronic or

5 facsimile respond to the request within five (5) days. The Certificate-issuing Party will, where required, by supplying a user name and password, make access available to the Administration to allow this verification to be carried out by using the Certificate-issuing Party' s on-line checking service Paragraph S Settlement of Disputes 5.0 Any dispute between the Signatories arising out of this Memorandum will be resolved by means of negotiations. Paragraph 6 Final Clauses 6.1 Any significant changes in this Memorandum, that may change the spirit of this Memorandum, must be made with the written consent of both parties. Failure in this regard will entitle the other Partv to terminate the Memorandum. The termination must be done in writing and will take effect within ninety (90) working days from the date of the notice of termination. 6.2 Additional clauses and supplements to this Memorandum, which do not change the spirit of this Memorandum but serve only to complement it, may be made with the mutual consent of both parties. 6.3 This undertaking may be amended and any amendment decide upon by the participants will take effect when confirmed in writing by the participants. 6.4 This Undertaking commences on the later date of the signatures indicated overleaf. It remains valid for a period of five (05) years and will be extended automatically for successive periods of five years unless either participant gives the other written notice of termination at least sixty days before the expiration of the Undertaking. r: IN WITNESS WHEREOF the undersigned, duly authorized by the parties, have on the twenty seventh day of June of the year two thousand and eleven, signed this agreement in two copies, each in English, both texts being equally authentic. 1 PODER EJECUTiVO [Y.RECTOR GENERAL I HOI/OURAS. ea i On behalf of the Ministry of Tourism and International Transport Mr. Mc Clean Hobson Director of Maritime Affairs

6 APPENDIX 1 CONTACT OETAILS- AUTHORITV RESPONSIBLE FOR THE AUTHENTICATION OF CERTIFICATES AND CONTACT OETAILS- ENDORCEMENTS OF CERTIFICATES OF HONDURAS ANO FEOERATION OF SAINT CHRISTOPHER (KITTS) & NEVIS. HONDURAS MARITIME ADMINISTRATION Title of Official: Head Seafarers Department Address: General Directorate of the Merchant Marine of Honduras Seafarers Department Boulevard Los Próceres Edificio Átala N 2930 Tegucigalpa, M. D. e, ea Tel: (504) , Fax: (504) gentedemar@marinamercante.gob.hn SAINT CHRISTOPHER (KITTS) & NEVIS MARITIME ADMINISTRATION Title of Official: International Registrar of Shipping & Seamen St. Kitts & Nevis International Ship Registry Address: West Wing, York House Western Road, Romford, RM1 3LP United Kingdom Tel: + 44(0) Fax: + 44(0) mail@stkittsnevisregistry.net

7 UNDERTAKING BETWEEN THE FEDERATION OF SAINT CHRISTOPHER (KITTS) & NEVIS AND REPUBLIC OF HONDURAS CONCERNING THE RECOGNITION OF CERTIFICATES UNDER REGULATION 1/10 OF THE 1978 STCW CONVENTION, AS AMENDED 1 This Undertaking is for the recognition of national seafarer qualifications and is made under the tenns ofthe IntemationaI Convention on Standards oftraining, Certification and Watchkeeping for Seafarers, 1978, as amended. The Convention is referred to in this Undertaking as "the STCW Convention", and the code annexed to it is referred to as "the STCW Code". This Undertaking is made without prejudice to the national laws of either participant. 2 For this Undertaking: (a) the tenn "Administration" means the Govemment of the Federation of Saint Christopher (Kitts) and Nevis, represented by the Department of Maritime Affairs; Ministry of Tourism and Intemational Transport; (b) the tenn "Certificate-issuing Party" means the Govemment Republic ofhonduras represented by the Merchant Marine of Honduras; (c) the Administration and the Certificate-issuing Party are referred to jointly as the participants and separately as a participant; (d) the tenn "designated official" means the appropriate official referred to in paragraph 3. 3 AII communications arising from this undertaking should be made to the following officials designated to have responsibility for implementing the undertaking: For the Administration: International Registrar of Shipping & Seamen St.Kitts & Nevis Intemational Ship Registry West Wing, York House Westem Road, Romford, RMl 3LP United Kingdom For the Certificate-issuing Party: Building Atala, 02 Blocks up from American Embassy The Boulevard Proceres Tegucigalpa MD.C., Honduras Central America Telephone: +44(0) Facsimile: +44(0) maii@stkittsnevisregistry.net Telephone: , , Facsimile: iochoa@marinamercante.hn gentedemar@marinamercante.hn Page 1 of 4

8 ;The participants undertake to give prompt written notification of any changes in these.. particulars. :-4 Having regard to the provisions ofregulation VIO ofthe STCW Convention, including "the related provisions ofthe STCW Code, the participants undertake as follows: (a) The Certificate-issuing Party is the participant whose national certificates are to be recognised, and the Administration is the participant that will provide endorsement as evidence of such recognition. (b) An essential pre-condition to the endorsement of recognition by the Administration is compliance by the Certificate-issuing Party with the requirements ofregulation V7 ofthe STCW Convention and Section A-V7 ofthe STCWCode. (e) The Certificate-issuing Party will ensure that the training and assessment of seafarers as required under the STCW Convention is administered and monitored in accordance with the provisions ofsection A-V60fthe STCW Code, and that a register of all certificates and endorsements is maintained and the information in the register made available as required by Regulation V9 of the STCW Convention. (d) (e) In accordance with Regulation VIO.I.I ofthe STCW Convention, the Certificateissuing Party will allow the Administration to cany out periodic inspection of its approved training facilities and procedures and will make training materials and facilities available for inspection and review when requested. Similarly, the Certificate-issuing Party will allow the Administration to have access to the results of the quality standards evaluations conducted in accordance with Regulation V8 ofthe STCW Convention. When requesting a visit, the Administration will observe the following procedure: (i) a request to visit facilities will be forwarded in writing by the designated official of the Administration to the designated official of the Certificateissuing Party at least thirty days before the intended date of the visit; (ii) the request willlist the reasons that, in the opinion ofthe Administration, make the visit necessary; (iii) the request will name the specific facility or facilities that the Administration intends to visit; (iv) the request will contain the names ofthe officials taking part in the visit and their respective positions in the Administration. (f) The Administration may, in accordance with Regulation VIO of the STCW Convention, verify the validity or the contents of a certificate issued by the Certificate-issuing Party. When requesting verification, the designated official or deputy ofthe Administration will in writing contactthe designated official ofthe Certificate-issuing Party, who will in writing respond to the request within (7) seven days. The Certificate-issuing Party will, where required, by supplying a user name and password, make access available to the Administration to allow this Page 2 of 4

9 verification to be carried out by using the Certificate-issuing Party's on-line checking service. (g) The designated official of the Certificate-issuing Party will notify promptly in writing the designated official of the Administration of any withdrawal or revocation, for disciplinary or others reasons, of a Certificate or Endorsement issued by it. This should norrnally happen within seven days. (h) The designated official ofthe Administration will notify promptly in writing the designated official of the Certificate-issuing Party of any withdrawal or revocation, for disciplinary or other reasons, of an endorsement of recognition issued by it. This should norrnally happen within seven days. (i) The Certificate-issuing Party will in writing notify the Administration within thirty days of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention. A significant change includes any ofthe following: (i) (ii) a change in the position or contact particulars ofthe designated official; a change affecting the procedures set out in this undertaking; (iii) a change substantially affecting the information communicated to the Secretary-General pursuant to Section A-V7 ofthe STCW Code. U) The Certificate-issuing Party acknowledges that, in accordance with the provisions ofregulation VI0.6 ofthe STCW Convention, endorsements issued by it in recognition of a certificate issued by another party to the STCW Convention will not be accorded further recognition by the Administration. (k) Where a seafarer presents for recognition a certificate issued under the provisions of Regulation W2, I1V2, I1V3 or VIVl of the STCW Convention at the management level, the Administration will not recognise the certificate unless it is satisfied that the seafarer has an appropriate knowledge of the mari time legislation of the Administration relevant to the functions the seafarer is perrnitted to perforrn. 5 This undertaking may be amended and any amendment decided upon by the participants will take effect when confirrned in writing by the participants. Signature: Page 30f4

10 ,l Signature: Date: Name: Designation: Director General ofthe Merchant Marine ofhonduras Page 40f4

11 I \ Signature: Date: Name: Designation: Director General of the Merchant Marine of Hond uras d'-----~ Page 40f4

12 lnternationaj Ship Registry :r{ying the fa oj the Tederation u/orlduiide. Romford, RM1 3LP United Kingdom Tel: +44 (O) Fax: +44 (O) Director General of the Merchant Marine of Honduras; General Nelson Mejia Mejia Wiliys Boulevard Los Próceres No: 2930 Apdo. Posta13625 Tegucigalpa, Honduras 1 st March 2012 Dear General Nelson Mejia Mejia Wi11ys, RE: Reco~nition ofthe National STCW 95 Certificates - Re~. 1/10 Please find enclosed four (4) copies of the Undertaking Maritime Affairs for your signature. signed by our Director of r: Please could you sign and date the Undertakings us for our records. Thank you for your cooperation. Yours faithfuliy, and return three (3) original copies to Tracy Hughes Seafarer Registration Manager 1- l,~~ ~E~~ \.:._./ ~~JI'

13 lnl'h'rnatlonal SHIP REGISTRY The Saint Christopher & Nevis Merchant Shipping Act No. 240/2002 Department o/ Maritime Affairs, Ministry o/ Public Works, Utilities, Transport and Posts DOCUMENT TRANSMITTAL NOTE I- D _ a _ te _: -,-_2_n_d_M_a_rc_h_2_o_12 ~T-ra-n-sm-itt-a_1 N_oteN~_J DTN Addressee: Honduras Direct Job No (if app): Vessel Name: I Project Name (if app):._.._._' ---_.... _-_._.. _.._ _..._ i _ _ To whom it may concem, Please find enclosed the following documents with regards to the above-mentioned vessell project. Please sign where required in the tacknowtedgemenr section al the bottom ofthis page and retum a copy to us via fax or . " ITEM CONTROL NO (if applicable) --_._--- 1, 4 copies of the Undertaking STCW 95 Certificates n/a CHECK BOX (recipient please tick) Mode of transmission: [ ] Fax [ ] [x] Post I Courier [ ] Hand delivery (if visiting) Air-Waybill No: Reference (if app): Transmitted by: Amanda Lebeau Date: 2/3/2012 ACKNOWLEDGEMENT We/1 hereby acknowledge receipt of the above-mentioned documents in order. Signature: Date: Print Name: Title: r: IIrIPORTANT NOTE: Any error / discrepancy in the above documents should be brought to the attention of this office within the next working day, otherwise it will be deemed that the documents are correct and any correction in the future will be at your costo Please quote our reference / job number in your correspondence. FORloICOOE.: ISSUE No: REVISE o: Page 1 of 1

14 , UNDERTAKING BETWEEN THE FEDERATION OF SAINT CHRISTOPHER (KITTS) & NEVIS AND REPUBLIC OF HONDURAS CONCERNING THE RECOGNITION OF CERTIFICA TES UNDER REGULATION 1/10 OF THE 1978 S' ;CW CONVENTION, AS AMENDED 1 This Undertaking is for the recognition ofnational seafarer qualifications and is made under the terms of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as arnended. The Convention is referred to in this Undertaking as "the STCW Convention", and the code annexed to it is referred to as "the STCW Code". This Undertaking is made without prejudice to the national laws of either participant. 2 For this Undertaking: (a) the term "Adrninistration" means the Government of the Federation of Saint Christopher (Kitts) and Nevis, represented by the Department of Maritime Affairs; Ministry of Tourism and International Transport; (b) the term "Certificate-issuing Party" means the Government Republic ofhonduras represented by the Merchant Marine of Honduras; (c) the Adrninistration and the Certificate-issuing Party are referred to jointly as the participants and separately as a participant; (d) the terrn "designated official" means the appropriate official referred to in paragraph 3. 3 All cornmunications arising from this undertaking should be made to the following officials designated to have responsibility for implementing the undertaking: For the Administration: International Registrar of Shipping & Searnen St.Kítts & Nevis International Ship Registry West Wing, York House Western Road, Rornford, RMl 3LP United Kingdom For the Certificate-issuing Party: Building Atala, 02 Blocks up from American Embassy The Boulevard Proceres Tegucigalpa MD.C., Honduras Central America Telephone: +44(0) Facsimile: +44(0) mail@stkittsnevisregistry.net Telephone: ; , Facsimile: iochoa@marinamercante.hn gentedemar@marinamercante.hn

15 e participants undertake to give prompt written notification of any changes in these articulars. "A Having regard to the provisions ofregulation 1/10 ofthe STCW Convention, including -the related provisions ofthe STCW Code, the participants undertake as follows: (a) The Certifícate-issuing Party is the participant whose national certificates are to be recognised, and the Administration is the participant that will provide endorsement as evidence of such recognition. (b) An essential pre-condition to the endorsement of recognition by the Administration is compliance by the Certificate-issuing Party with the requirements ofregulation 1/7 ofthe STCW Convention and Section A-1/7 ofthe STCWCode. (e) The Certíficate-issuing Party will ensure that the training and assessment of seafarers as required under the STCW Convention is administered and monitored in accordance with the provisions ofsection A-1/6ofthe STCW Code, and that a register of all certificates and endorsements is maintained and the information in the register made available as required by Regulation 1/9 of the STCW Convention. (d) In accordance with Regulation 1/ ofthe STCW Convention, the Certificateissuing Party will allow the Administration to cany out periodic inspection of its approved training facilities and procedures and will make training materials and facilities available for inspection and review when requested. Similarly, the Certificate-issuing Party will allow the Administration to have access to the results of the quality standards evaluations conducted in accordance with Regulation 1/8 ofthe STCW Convention. (e) When requesting a visit, the Administration will observe the following procedure: (i) a request to visit facilities will be forwarded in writing by the designated official of the Administration to the designated officiai of the Certificateissuing Party at least thirty days before the intended date of the visit; (ii) the request willlist the reasons that, in the opinion ofthe Administration, make the visit necessary; (iii) the request will name the specific facility or facilities that the Administration intends to visit; (iv) the request will contain the names ofthe officials taking part in the visit and their respective positions in the Administration. (f) The Administration may, in accordance with Regulation 1/10 of die STCW- Convention, verify the validity or the contents of a certificate 'issued by the Certificate-issuing Party. When requesting verification, the designated official or deputy ofthe Administration will in writing contactthe designated official ofthe Certifícate-issuing Party, who will in writing respond to the request within (7) seven days. The Certifícate-issuing Party will, where required, by supplying a user name and password, make access available to the Administration to allow this Page 2 of 4

16 verification to be carried out by using the Certificate-issuing checking service. Party's on-line H (g) The designated official of the Certificate-issuing Party will notify promptiy in writing the designated official of the Administration of any withdrawal or revocation, for disciplinary or others reasons, of a Certificate or Endorsement issued by it. This should normally happen within seven days. (h) The designated official ofthe Administration will notify promptly in writing the designated official of the Certificate-issuing Party of any withdrawal or revocation, for disciplinary or other reasons, of an endorsement of recognition issued by it. This should normally happen within seven days. (i) The Certificate-issuing Party will in writing notify the Administration within thirty days of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention. A significant change includes any ofthe following: U) (k) (i) a change in the position or contact particulars ofthe designated official; (ii) a change affeeting the procedures set out in this undertaking; (iii) a change substantially affecting the infonnation communicated Secretary-General pursuant to Section A-V7 ofthe STCW Codeo to the The Certificate-issuing Party acknowledges that, in accordance with the provisions ofregulation VIO.6 ofthe STCW Convention, endorsements issued by it in recognition of a certificate issued by another party to the STCW Convention will not be accorded further recognition by the Administration. ~ Where a seafarer presents for recognition a certificate issued under the provisions of Regulation W2, IW2, I1v] or VIVl of the STCW Convention at the management level, the Administration will not recognise the certificate unless it is satisfied that the seafarer has an appropriate knowledge of the maritime legislation of the Administration relevant to the functions the seafarer is permitted to perform. 5 This undertaking may be amended and any amendment decided upon by the participants will take effeet when confirmed in writing by the participants. 6 This Undertaking commences on the later date ofthe signatures indicated overleaf. It remains valid for a period offive years and will be extended automatically for successive periods offive years unless either participant gives the other written notice of tennination at least sixty days before the expiration ofthe Un. g. ~\ot-m~ ~J~ti'írnsiS :ñm~i(&~ternational Transport '$, Signature: ~ ji y.iiu' /1 Date: &l- Page 3 of 4

17 Signature: Date: Name: Designation: ine of'hoaduras - Page 40f4