Further Strengthening the Authority of the Maritime Industry Authority as the Single Maritime Administration for the Purpose of Implementing the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as Amended

September 21, 2018

EXECUTIVE ORDER NO. 63

FURTHER STRENGTHENING THE AUTHORITY OF THE MARITIME INDUSTRY AUTHORITY AS THE SINGLE MARITIME ADMINISTRATION FOR THE PURPOSE OF IMPLEMENTING THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED

WHEREAS, the Philippines is a Party to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended (STCW Convention), which provides the internationally agreed and accepted standards governing seafarers and sets the minimum requirements for their education, training, assessment of competence, certification and watchkeeping;

WHEREAS, Republic Act (RA) No. 10635 established the Maritime Industry Authority (MARINA) as the Single Maritime Administration responsible for the implementation and enforcement of the STCW Convention, pursuant to the Philippines' commitments under the said Convention;

WHEREAS, being a Party to the STCW Convention, the Philippines is obligated to demonstrate strict and full compliance with its provisions to ensure the continuous recognition by the international community of STCW Certificates issued by the Philippine Government, and thereby guarantee sufficient employment opportunities for Filipino seafarers abroad;

WHEREAS, under Section 84 of RA No. 10964, or the "General Appropriations Act for FY 2018," the President is authorized to create new offices and modify the existing organizational structure of the agencies in the Executive Branch, whenever public interest so requires;

WHEREAS, Section 17, Article VII of the 1987 Constitution provides that the President shall have control of all executive departments, bureaus and offices and shall ensure that laws are faithfully executed;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Strengthening of the MARINA as the Single Maritime Administration. — The authority of MARINA, as the Single Maritime Administration, shall be strengthened to enable it to take all necessary steps and strategies, consistent with its mandate, to ensure that the obligations of the Philippines under the STCW Convention are faithfully, effectively and fully complied with, and to establish systems and mechanisms for the promotion and protection of the well-being of the seafarers thereby ensuring their professionalism and competitiveness, both in local and international trade.

SECTION 2. Maritime Education, Training and Assessment. — Subject to Section 4 (c) (4) (i) of RA No. 10635, the MARINA shall take the lead in the evaluation of requests for approval of the following maritime education programs:

a. Bachelor of Science in Marine Transportation;

b. Bachelor of Science in Marine Engineering; and HEITAD

c. Other higher education programs that may be developed in the future which would require compliance with the STCW Convention.

The MARINA, in coordination with the Commission on Higher Education (CHED), shall evaluate and inspect all maritime higher education institutions to ensure that the maritime education programs being offered by said institutions comply with the minimum standards set under the STCW Convention.

The MARINA and the CHED shall jointly issue rules and regulations to implement this Section, which shall be consistent with the Philippines' obligations under the STCW Convention and other relevant laws.

SECTION 3. Reconstitution of the Technical Panel on Maritime Education. — The Technical Panel on Maritime Education shall be reconstituted, such that five (5) members shall come from the MARINA and four (4) shall come from the CHED.

SECTION 4. Monitoring and Verification. — To ensure that all maritime education programs are structured and delivered in accordance with the written programs, methods and media of delivery, procedures and course materials compliant with the STCW Convention, the MARINA, in coordination with the CHED, shall continue to monitor and verify the same in accordance with RA No. 10635.

SECTION 5. Medical Standards. — The MARINA, in consultation with the Department of Health (DOH), shall establish the standards for medical fitness and the procedures for the issuance of medical certificates to Filipino seafarers, and ensure that those responsible for assessing the medical fitness of such seafarers are medical practitioners duly recognized and accredited by the DOH.

SECTION 6. Relevant Control Procedures. — The MARINA and the Philippine Coast Guard (PCG) shall jointly establish control procedures to verify and ensure that seafarers on board ships in Philippine ports are certificated or have been issued appropriate dispensations in accordance with the STCW Convention, without prejudice to the port state control functions of the PCG.

SECTION 7. Implementing Rules and Regulations. — Except as provided in Section 2 of this Order, the MARINA, in coordination with the relevant government agencies, shall issue the necessary rules and regulations within thirty (30) days from the effectivity of this Order.

SECTION 8. Reporting. — The MARINA shall submit to the Office of the President within six (6) months from effectivity of this Order, and every year thereafter, a progress report on the status of implementation of this Order.

SECTION 9. Repeal. — All executive issuances inconsistent with this Order are hereby repealed or amended accordingly.

SECTION 10. Separability. — In the event that any provision of this Order or any part thereof is declared invalid, illegal or unconstitutional, the provisions not affected thereby shall remain in force and effect.

SECTION 11. Effectivity. — This Order shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 21st day of September, in the year of Our Lord, Two Thousand and Eighteen.

 

Published in the Official Gazette, Vol. 114, No. 40, p. 6867 on October 1, 2018.