GUIDELINES FOR THE RECOGNITION OF GMDSS RADIO CERTIFICATES ISSUED BY OR UNDER THE AUTHORITY OF ANOTHER PARTY IN ACCORDANCE WITH REGULATION 1/10 OF THE STCW CONVENTION

National Administrative Register [ NTC MEMORANDUM CIRCULAR NO. 02-04-2009, April 14, 2009 ]



Pursuant to Act 3846, as amended, E.O. 546, Chapter NIX Article 55 of
the ITU Radio Regulations and Regulation 1/10 of the 1978 STCW
Convention, as amended, the National Telecommunications Commission
hereby promulgates the following guidelines for the recognition of
certificates issued by or under the authority of another party.

1. Definitions

1.1. Party means a State for which the STCW Convention has entered into force.
1.2. Administration means the Government of the Party whose flag the ship is entitled to fly.
1.3. Certificate means a valid document, issued by
or under the authority of the Administration or recognized by the
Administration authorizing the holder to serve as authorized by national
regulations.

2. GMDSS Radio Certificates issued by or under the authority of another Party (Administration) shall
be recognized provided that the issuing Party is included in the list
of Parties with whom the Philippines has a Bilateral Agreement pursuant
to Regulation 1/10 of the 1978 STCW Convention, as amended.

2.1. The Commission shall recognize a GMDSS Radio Operator
Certificate and allow its holder to perform the functions applicable to
that Certificate while serving on board Philippine Registered vessel.
2.2. The Commission shall issue a Recognition Certificate equivalent
to the Certificate issued by another Party and shall expire as soon as
the certificate recognized or is withdrawn, suspended or cancelled by
the Party which issued it and, in any case, not more than five (5) years
after the date of issue.
2.3. The Commission may, if circumstances require, allow a seafarer
to serve the capacity of GMDSS Radio Operator for a period of not
exceeding three (3) months on board a Philippine Registered Vessel while
holding valid GMDSS

Radio Operator Certificate issued and endorsed by another Party for
use on board that Party’s ship but which has not yet been recognized by
the Commission provided that the application for recognition has been
submitted on or before the date of embarkation to a Philippine flag
vessel.

3. GMDSS Radio Certificates issued by or under the authority of another Party with
no Bilateral Agreement but included in the IMO White List shall be
recognized and shall be issued a temporary endorsement or an equivalent
certificate not exceeding six (6) months.

4. GMDSS Radio Certificates issued by or under the authority of a non-Party and with no Bilateral Agreement with the Philippine Government shall not be recognized.

5. GMDSS Radio Certificates and endorsements issued by an
Administration under the provisions of Regulation 1/10 of 1978 STCW
Convention, as amended, in recognition of, or attesting the recognition
of, a certificate issued by another Party, shall not be used as the
basis for further recognition by the Commission.

All applicants shall adhere strictly to the provisions of the herein
prescribed guidelines and any misrepresentation made by any applicant
shall be a valid ground for the revocation and suspension of the
certificates issued and/or the imposition of the appropriate penalties
in accordance with law.

This Circular takes effect immediately and supersedes any existing
NTC order, instruction or memorandum or part thereof, which is
inconsistent herewith.

Adopted: 14 April 2009

(SGD.) RUEL V. CANOBAS
Commissioner
(SGD.) JAIME M. FORTES, JR.

Deputy Commissioner
(SGD.) JORGE V. SARMIENTO
Deputy Commissioner