MEMORANDUM OF AGREEMENT ON THE RECOGNITION OF CERTIFICATES OF COMPETENCY AND TRAINING OF SEAFARERS FOR SERVICE ON BOARD VESSELS REGISTERED IN SWITZERLAND BETWEEN THE SWISS MARIT…

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Memorandum of Agreement

The present Agreement is made pursuant to Regulation I/10,
paragraph 1.2 of the Annex to the International Convention on Standards
of Training, Certification and Watchkeeping for Seafarers, 1978, as
amended in 1995, (hereinafter referred to as the STCW Convention) and
Section A-I/10 of the STCW Code, between the Swiss Maritime Navigation
Office and the Maritime Training Council of the Philippines.

For
the purposes of this Agreement, the term “Certificate Issuing Party”
shall mean the Maritime Training Council, the national administration
responsible for regulating the STCW Convention in the Philippines, and
the term “Administration” shall mean the Swiss Maritime Navigation
Office, the national administration responsible for regulating the STCW
Convention in Switzerland.

It is agreed that the “Certificate
Issuing Party” is the Party whose national certificates of competency
are to be recognized by endorsement, and the “Administration” is the
Party that will issue the endorsement.

The Parties recognizing
the importance of the STCW Convention and without prejudice to the
National Laws of either Party enter into this Agreement for the purpose
of ensuring that the requirements of Regulation I/10, paragraph 1.2 of
the STCW Convention are complied with as follows:

1.
The “Certificate Issuing Party” shall:

  1. provide the “Administration” with details of the
    arrangements for training and certification of seafarers as requested so
    as to ensure that the education, training and assessment of seafarers,
    as required by the STCW Convention, are administered and monitored in
    accordance with the provisions of Section A-I/6 of the STCW Code and
    that those who are responsible for the training and assessment are
    appropriately qualified in accordance with the provisions of Section
    A-I/6 of the STCW Code;

  2. allow the “Administration” to undertake periodic
    inspections of approved facilities and procedures, when requested, in
    accordance with Regulation I/10.1.1 of the Annex to STCW Convention as
    well as provide an access to the results of the quality standards
    evaluations conducted in accordance with regulation I/8 of the annex to
    the STCW Convention;

  3. notify the “Administration” within ninety (90) days of
    any significant change in the arrangements for training and
    certification provided in compliance with the STCW Convention and in
    particular with Regulation I/10.1.2 thereof. The significant changes
    include:

    –
    changes in the contact details of the competent authority on issues arising out of this Agreement;

    –
    changes affecting the procedures set forth in this Agreement;

    –
    changes that amount to
    substantial differences in the information communicated to the
    Secretary-General of the International Maritime Organization pursuant to
    Section A-I/7 of the STCW Code.
  4. Provide without delay confirmation of the status and
    validity of any certificate of competency issued by it whenever the
    “Administration” should request such information.
2.
The “Administration” shall:

  1. provide the “Certificate Issuing Party” with details of
    their national maritime legislation as required in Regulation I/10.2 of
    the Annex to the STCW Convention;

  2. notify and provide with details the “Certificate Issuing
    Party” of any certificate that appears to be fraudulent or otherwise
    unacceptable;

  3. notify the “Certificate Issuing Party” of the
    circumstances underlying any decision to withdraw, suspend or revoke on
    the grounds of misconduct or incompetence or any other reason an
    endorsement recognizing a certificate of competency issued by the
    “Certificate Issuing Party”;

  4. maintain a comprehensive register of endorsements issued
    in accordance with the requirements of Regulation I/9.4 of the Annex to
    the STCW Convention and provide details, upon request from the
    “Certificate Issuing Party”.
3.
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 for successive periods of five (5) years unless
either Party gives twelve (12) months notice before the expiration of
this Agreement.
   
4.
Any amendment or revision to the text of
the Undertaking shall be done by mutual consent of the Parties. This
amendment or revision shall enter into force in accordance with the
provision on entry into force.
   
5.
All communications arising from this Agreement shall be made to the persons named below:

Swiss Administration Philippine Administration

Executive Director

of the Swiss Maritime Navigation Office

P.O. Box

Nauenstrasse 49
CH-4002 Basel
SWITZERLAND

Telephone: +41 (61) 270 91 20
Fax: +41 (61) 270 91 29
E-mail: dv-ssa@eda.admin.ch
Website: www.dv.admin.ch

Executive Director
Maritime Training Council
6th Floor, POEA Building
Ortigas Avenue comer 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

For the Swiss Administration For the Philippine Administration
   
(Sgd.)
(Sgd.)
JEAN HULLIGER
PATRICIA A. STO. TOMAS
Director
Swiss Maritime Navigation Office
Secretary, Department of Labor
and Employment
Chairperson, Maritime Training Council
   
Date: 28 March 2005


Entry into Force: September 8, 2005

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