MEMORANDUM OF AGREEMENT BETWEEN THE MARITIME INDUSTRY AUTHORITY ON BEHALF OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE LITHUANIAN TRANSPORT SAFETY ADMINISTRATION…

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The Maritime Industry Authority, on behalf of the Government of the Republic of the Philippines and Lithuanian Transport Safety Administration hereinafter referred to individually as “Party” and jointly as “Parties”,

Desiring to promote good relations between them on the basis of equal partnership and mutual interests, and

Acting in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended,

Have agreed as follows:

Article 1
Definitions
For the purpose of this Memorandum of Agreement (hereinafter – MOA),

1-1-	Certificate means a valid document, by whatever name it may be known, issued to seafarer by or under the authority of the Certificate issuing Party or recognized by the Certificate recognizing Party authorizing the holder to serve as stated in this document or as authorized by national regulations.

1-2-	The Recognizing Party is the Party that shall provide its endorsement as evidence of recognition of the Certificate.

1-3-	The Certificate Issuing Party is the Party whose national certificates are to be recognized.

1-4-	Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended at the time of application.

1-5-STCW Code means the Seafarers’ Training, Certification and Watchkeeping code, as amended, annexed to the Convention.

Article 2
National Laws
This MOA is signed by Parties without prejudice to the laws applicable in the territories of their States.

Article 3
Conditions of Recognition
Having regarded the provision of Regulation I/10 of the Convention, including the related provision of the STCW Code, the Parties agree to recognize the certificates issued by each other subject to the following conditions:

3-1-	Compliance with the Requirements of Regulation I/7 of the Convention – both Parties’ names shall be on the IMO “White list”).

3-2-	The Certificate Issuing Party shall ensure that the training and assessment of seafarers as required under the Convention are administered and monitored in accordance with the provision of section A-I/6 of the STCW Code.

3-3-	The Certificate Issuing Party shall ensure that a register or registers of all certificates and endorsements is/are maintained and the information shall be made available as required by Regulation I/2 of the Convention.

3-4-	The Certificate Issuing Party shall ensure that those who are responsible for and those who provide training and assessment of seafarers are qualified in accordance with the provisions of A-I/6 of the STCW Code for the type and level of training or assessment involved.

3-5-	In accordance with Regulation I/10, Paragraph 1.1. of the Convention the Certificate Issuing Party shall allow the Recognizing Party to carry out periodic inspection of the facilities, to procedures, or to review the policies which have been approved or employed concerning:

1-

standards of competency;

2-

training;

3-

the issue, endorsement, revalidation, and revocation request;

4-

record-keeping;

5-

medical standards;

6-

quality standards; and

7-

communication and response to verification request.

3-6-

The Certificate Issuing Party shall notify the Recognizing Party within thirty (30) days of any significant changes in the arrangements for training and certification applying under its administration in accordance with the Convention, and in particular regulation I/10 Paragraph 1.2., which includes:

1-

changes in the position, address or access information for the official responsible for implementing this MOA;

2-

changes affecting the procedures set forth in this MOA; and;

3-

changes which amount to substantial differences from the information communicated to the Secretary-General pursuant to section A-I/7 of the STCW Code.

3-7-	The Recognizing Party shall ensure that seafarers at management level have an appropriate knowledge of the maritime legislation applicable in the territory of its State relevant to the functions they are allowed to perform.

3-8-	The Certificate Issuing Party shall provide the Recognizing Party with full details of the circumstances within thirty (30) days if a certificate is suspended, revoked, or otherwise withdrawn due to disciplinary actions.

3-9-	The Certificate Issuing Party shall make available to the Recognizing Party the results of the external audit reports on the quality standards evaluations conducted in accordance with paragraph 3, section A-I/8 of the STCW Code and the steps it has implemented to comply with any subsequent amendments to the Convention and STCW Code pursuant to Section A-I/7 of the STCW Code.

3-10-	The Recognizing Party shall provide the Certificate Issuing Party with full details of the circumstances within thirty (30) days if a recognizing endorsement based on the certificate issued by the Certificate Issuing Party is suspended, revoked or otherwise withdrawn due to disciplinary reasons.

3-11-	Having regard to the Regulation I/10, paragraph 6, of the Convention the Recognizing Party shall not issue the recognition endorsement based on the recognition endorsement issued by the third party in accordance with the provisions of Regulation I/10 of the Convention.

Article 4
Mutual Cooperation

4-1-	The Parties agree on mutual cooperation to fortify the technical and administrative capabilities as regards the certification, training, watchkeeping, and maritime labour affairs of the seafarers of each Party.

4-2-	The cost of the cooperative activities under this MOA will be funded on terms to be mutually determined and will be subject to availability of funds and the respective laws of the Parties.

Article 5
Visits and Evaluation
When requesting a visit, the Party who intends to visit the other Party shall observe the following conditions:

5-1-	A request for a visit to carry out periodic inspection indicated in paragraph 3.5 of the MOA shall be forwarded in writing, by email at least thirty (30) days before the intended date of visit;

5-2-	The request shall list the motives which, in the views of the Party who intends to visit the other Party, make it necessary to carry out the visit;

5-3-	The request shall name the specific facility or facilities which the Party intends to visit;

5-4-	The request shall contain the names of the officials taking part in the visit including their designation; and

5-5-	The Party that conducted the visit shall communicate the results of any evaluation carried out within three (3) months from its completion to the visited Party.

Article 6
Entry into Force
This MOA shall enter into force on the date of the last signature.

Article 7
Validity and Duration
This MOA shall remain in full force and effect for a period of five (5) years, provided that both Parties are listed on the IMO “White List” (MSC.1/Circ.1163, as amended), and shall be automatically renewed for successive periods of five (5) years, unless a Party notifies in writing the other Party of its desire to terminate this MOA. In such case, the MOA shall remain valid sixty (60) days after the date on which one Party receives an official notification from the other Party expressing the desire of the latter to terminate this MOA, unless another period is specified in the official notification.

Article 8
Settlement of Dispute
Any dispute between the Parties arising out of the interpretation or implementation of the MOA shall be settled amicably by consultations or negotiations through diplomatic channels.

Article 9
Amendment
Any amendment or revision to the text of this MOA shall be done by mutual written consent of the Parties through diplomatic channels. Such amendment or revision shall enter into force in accordance with Article 6 of the MOA.

Article 10
Verification Procedure
The Certificate Issuing Party shall respond in writing, by email to a request of the Recognizing Party for the verification of the validity of the certificate or veracity of its contents within five (5) working days.

Article 11
Contacts for communications
All communications arising from this MOA shall be made to the authorities named below:

11-1- For MARINA
Executive Director, STCW Office;
5/F MARINA Bldg.,
Bonifacio Drive Cor. 20^th Street
Port Area (South) Manila
Tel:    +632 83549645
Email: oadm@marina.gov.ph
            oed@marina.gov.ph
Website: https://stcw.marina.gov.ph/

11-2- For LTSA
Director for Waterborne Transport Department
Švitrigailos str. 42, 03209 Vilnius
Tel:    +370 52785601
Email: Itsa@Itsa.It
Website: https://Itsa.Irv.It/It/

11-3- Verification of validity or content of a certificate or endorsement issued by either Party shall be carried out through above-mentioned addresses. Any changes in the address of a Party shall be brought to the attention of the other Party as soon as possible, but not later than thirty (30) days after the change has taken place.

Done in two originals, in English and Lithuanian languages, one for each of the Parties, all texts being equally authentic. In cases of doubt, the English text shall prevail.

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Maritime Industry Authority on
behalf of the Government of the
Republic of the Philippines
Lithuanian Transport Safety
Administration

Sgd.
Sonia B. Malaluan
Administrator
Date: 18 Dec 2024 Sgd.

Date: 2024-11-18

Entry into Force: December 18, 2024

1-	standards of competency;
2-	training;
3-	the issue, endorsement, revalidation, and revocation request;
4-	record-keeping;
5-	medical standards;
6-	quality standards; and
7-	communication and response to verification request.

1-	changes in the position, address or access information for the official responsible for implementing this MOA;

2-	changes affecting the procedures set forth in this MOA; and;

3-	changes which amount to substantial differences from the information communicated to the Secretary-General pursuant to section A-I/7 of the STCW Code.

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