MEMORANDUM OF AGREEMENT BETWEEN THE NORWEGIAN MARITIME AUTHORITY AND THE MARITIME INDUSTRY AUTHORITY OF THE REPUBLIC OF THE PHILIPPINES CONCERNING THE RECOGNITION OF TRAINING AN…

Bilateral

The Norwegian Maritime Authority and the Maritime Industry Authority (MARINA) of the Republic of the Philippines, 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 of Seafarers (STCW), 1978, as amended;

Have agreed as follows:

1.
This MoA is for the recognition of national certificates and is made under the terms of the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. The Convention is referred to in this MoA as “the STCW Code”. This MoA is made without prejudice to the national laws of either Party.
   
2.
Having regards to the provisions of Regulation I/10 of STCW 1978 as amended including the related provisions of the STCW Code, the Parties will cooperate as follows:
     

a.
The Parties accept to recognize the other Parties national certificates and will provide Certificates of Recognition as evidence of such recognition.
     

b.
The Parties will issue their Certificates of Recognition pursuant to Regulation I/2 of STCW 1978 as amended following compliance by the Parties with the requirement of Regulation I/7 of STCW 1978 as amended and Section A-I/7 of the STCW Code.
     

c.
The Party whose national certificates are to be recognized will ensure that the training and assessment of seafarers as required under the provision of STCW 1978 as amended are administered and monitored in accordance with the provisions of Section A-I/6 of 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/2 of STCW 1978 as amended. Similarly, such Party will ensure that those who are responsible for, and that 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.
     

d.
In accordance with Regulation I/10 paragraph 1.1. of STCW 1978 as amended, the Party whose national certificates are to be recognized will allow the Party that provides Certificate of Recognition to carry out periodic inspection of its approved facilities and procedures and will make materials and training facilities available for inspection and review when requested. Similarly, the Party whose national certificates are to be recognized will allow the Party that provides Certificate of Recognition to have access to the results of the quality standards evaluation conducted in accordance with Regulation 1/8 of STCW 1978 as amended.
     

e.
The Party whose national certificates are to be recognized will notify the Party that provides Certificate of Recognition within ninety (90) days of any significant changes in the arrangements for training and certification applying under its administration in accordance with STCW 1978 as amended, and in particular Regulation I/10, paragraph 1.2. The Significant changes include:
       

1)
Changes in the contact details of the official responsible for authentication reviews;

2)
Changes affecting the procedures set forth in this MoA; and

3)
Changes that amount to substantial differences from the information communicated to the Secretary General of the International Maritime Organization pursuant to Section A-I/7 of the STCW Code.
     

f.
The Party whose national certificates are to be recognized acknowledges that in accordance with the provisions of Regulation I/10 paragraph 6, of STCW 1978 as amended, endorsements issued by it in recognition of a certificate issued by another Party to STCW 1978 as amended, will not be accorded further recognition by the Norwegian Maritime Authority or the Maritime Industry Authority (MARINA).
     

g.
Where the Party that provides Certificate of Recognition for disciplinary reasons suspends, revokes, or otherwise withdraws its Certificate of Recognition of a certificate issued by the other Party, such Party will provide the other Party with full details of circumstances, within ninety (90) days of so doing.
   
3.
All communications arising from this MoA will be made to the institution referred to below:
     
  The Norwegian Maritime Authority Norwegian Maritime Authority
Director General of Shipping and Navigation
P.O. Box 2222.
N-5509 Haugesund
Norway
Tel: + 47 52 74 50 00
Fax: + 47 52 74 50 01
E-mail: Post@sdir.no
Web: https://www.sdir.no/
     
  The Maritime Industry Authority: Maritime Industry Authority
Executive Director, STCW Office,
Bonifacio Drive Cor. 20th Street
Port Area (South), Manila
Tel: +63283549645
Email: oadm@marina.gov.ph
oed@marina.gov.ph
Web: https://stcw.marina.gov.ph
   
4.
This MoA shall take effect from the date on which both Parties have signed it. It shall continue to have effect for a period of five (5) years.
   
5.
This MoA may be terminated by either Party by written notice, given at least six (6) months before the date on which it intends that this MoA will cease to have effect. Unless either of the Parties gives such notice at least six (6) months before the date when this MoA would have ceased to have effect under paragraph 4, it will be renewed automatically for a further period of five (5) years.
   
6.
This MoA may be amended by both Parties, through diplomatic channels. Any amendment shall take effect when its acceptance is confirmed in writing by the Parties. Such amendment shall not affect any benefit or commitment accrued under this MoA prior to the effective date of such amendment.
   
7.
The Certificate Issuing Party will respond in writing, email or online verification system to a request of the Recognizing Party for the verification of the validity of the certificates or veracity of its contents within five (5) working days.
   

In order to verify the authenticity of the content of a certificate, the Recognizing Party will request from the interested person or company a copy of the certificate clearly showing identity of the holder, certificate number, date of issue, expiration date and photograph is required as well as the information established in section A-I/2 STCW Code specifying function, capacity, level and limitations applying.
   
8.
This arrangement repeals or supersedes, accordingly any other previous undertakings or MoA executed by both Parties concerning the Recognition of Certificates under the terms of the STCW 1978 as amended.
   
9.
Any difference arising out of the interpretation or implementation of this MoA shall be settled amicably by consultations through diplomatic channels.

 

FOR THE NORWEGIAN MARITIME
AUTHORITY
FOR THE MARITIME INDUSTRY
AUTHORITY
   
(Sgd.)
(Sgd.)
Alf Tore Serheim
Acting Director General of
Shipping and Navigation
Sonia B. Malaluan
Administrator

   
Place:
Oslo, Norway
Place:
Oslo, Norway

   
Date:
13 May 2024
Date:
13 May 2024
   
   
   
Witnessed by:
 
(Sgd.)
Enrico T. Fos
Ambassador Extraordinary and Plenipotentiary
Embassy of the Philippines in Norway
   
   
(Sgd.)
(Sgd.)
Samuel L. Batalla
Executive Director
MARINA-STCW Office
Havard Gaseidnes
Head of Department
Norwegian Maritime Authority-
Vessels & Seafarers

 

Entry into Force: May 13, 2024