Memorandum of Agreement

UNDERTAKING BETWEEN THE REPUBLIC OF PALAU AND THE REPUBLIC OF ESTONIA CONCERNING THE RECOGNITION OF CERTIFICATES UNDER REGULATION I/10 OF THE 1978 STCW CONVENTION, AS AMENDED 1 This document relates to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended (which will be referred to as “the STCW Convention” and the code annexed to it is referred to as "the STCW Code"). This Undertaking is for the recognition of national seafarer qualification and is made under the terms of the STCW Convention, including the related provision of the STCW Code. The Parties have reviewed their respective obligations under the STCW Convention without prejudice to the National Laws of either Party, hereby enter into this Memorandum of Undertaking, pursuant to the Regulation I/10 for the purpose of ensuring that the requirements of STCW Convention, including the related provision of the STCW Code are 2 For the purposes of this Undertaking: (a) the term "Administration" means the Government of the Republic of Palau represented by the Ship Registry Administrator, Palau International Ship Registry (b) the term "Certificate-issuing Party" means The Republic of Estonia; (c) the Administration and the Certificate-issuing Party are referred to jointly as the participants and separately as a participant; (d) the term "designated official" means the appropriate official referred to in paragraph 3. 3 All communications arising from this undertaking should be made to the following officials designated to have responsibility for implementing the undertaking: For the Administration: Seafarers Department Telephone: +1 281 876 9533 Palau International Ship Registry Facsimile: +1 281 876 9534 16701 Greenspoint Park Drive, Suite 155 E-mail: [email protected] Houston, TX, 77060 For the Certificate-issuing Party: Estonian Maritime Administration Telephone: + 372 620 5700 Maritime Safety Division Fax: + 372 620 5706 E-mail: [email protected] Page 1 of 4 The participants undertake to give prompt written notification of any changes in these particulars. 4 Having regard to the provisions of Regulation I/10 of the STCW Convention, including the related provisions of the STCW Code, the Participants undertake that: (a) The Certificate-issuing Party is the participant whose national certificates are to be recognised, and the Administration is the participant that will provide endorsement as evidence of such recognition. (b) An essential pre-condition to the endorsement of recognition by the Administration is compliance by the Certificate-issuing Party with the requirements of Regulation I/7 of the STCW Convention and Section A-I/7 of the STCW Code. (c) The Certificate-issuing Party will ensure that the training and assessment of seafarers as required under the STCW Convention is administered and monitored in accordance with the provisions of Section A-I/6 of the STCW Code, and that a register of all certificates and endorsements is maintained and the information in the register made available as required by Regulation I/2 of the STCW Convention. (d) In accordance with Regulation I/10.1.1 of the STCW Convention, the Certificate- issuing Party will allow the Administration to carry out periodic inspection of its approved training facilities and procedures and will make training materials and Page 2 of 4  facilities available for inspection and review when requested. Similarly, the Certificate-issuing Party will allow the Administration to have access to the results of the quality standards evaluations conducted in accordance with Regulation I/8 of the STCW Convention. (e) When requesting a visit, the Administration will observe the following procedure: (i) a request to visit facilities will be forwarded in writing by the designated official of the Administration to the designated official of the Certificate- issuing Party at least thirty days before the intended date of the visit; (ii) the request will list the reasons that, in the opinion of the Administration, make the visit necessary; (iii) the request will name the specific facility or facilities that the Administration intends to visit; (iv) the request will contain the names of the officials taking part in the visit and their respective positions in the Administration. (f) As per request of the Administration, the Certificate-issuing Party must respond to the Administration (within seven working days) with regards to the confirmation and the validity of any Certificate of competence issued by the Certificate-issuing Party The Certificate-issuing Party will, where required, by supplying a user name and password, make access available to the Administration to allow this verification to be carried out by using the Certificate-issuing Party’s on-line checking service. (g) The designated official of the Certificate-issuing Party will notify promptly in writing the designated official of the Administration of any withdrawal or revocation, for disciplinary or others reasons, of a Certificate or Endorsement issued by it. This should normally happen within seven days. (h) The designated official of the Administration will notify promptly in writing the designated official of the Certificate-issuing Party of any withdrawal or revocation, for disciplinary or other reasons, of an endorsement of recognition issued by it. This should normally happen within seven days. (i) The Certificate-issuing Party will notify the Administration within thirty days of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention. The significant changes include any of the following: (i) Changes in the position or contact particulars of the designated official; (ii) Changes affecting the procedures set out in this undertaking; (iii) Change substantially affecting the information communicated to the Secretary-General pursuant to Section A-I/7 of the STCW Code. (j) The Certificate-issuing Party acknowledges that under the provisions of Regulation I/10.6 of the STCW Convention, endorsements issued by it in recognition of a certificate issued by another party to the STCW Convention will not be accorded further recognition by the Administration. Page 3 of 4  (k) Where a seafarer presents for recognition a certificate issued under the provisions of Regulation II/2, III/2, III/3 or VII/1 of the STCW Convention at the management level, the Administration will not recognise the certificate unless it is satisfied that the seafarer has an appropriate knowledge of the maritime legislation of the Administration relevant to the functions the seafarer is permitted to perform. 5 This undertaking may be amended and any amendment decided upon by the participants will take effect when confirmed in writing by the participants. 6 This Undertaking commences on the later date of the signatures indicated overleaf. It remains valid for a period of five years and will be extended automatically for successive periods of five years unless either participant gives the other written notice of termination at least sixty days before the expiration of the Undertaking. For Palau International Ship Registry For the (Cert. Issuing Party/Country Administration): Signature: Signature: Name: Anthony Rothgeb Name: Designation: Head of Seafarer Dept. Designation: Date: Date: Page 4 of 4 From: Eino Ots Sent: 12. jaanuar 2016 8:37 To: Raul Tell Cc: Airi Kontson Subject: FW: Memorandum of Agreement Attachments: REPUBLIC OF ESTONIA-PALAU - MOA.pdf From: Anthony Rothgeb [mailto:[email protected]] Sent: Monday, January 11, 2016 10:50 PM To: Eino Ots <[email protected]> Subject: Memorandum of Agreement Good day, Please find the attached Memorandum of Agreement for the acceptance of Maritime Certificate of Competence issued under an IMO listed Flag. The Republic of Palau does not currently issue COC however Palau does issue Certificate of Endorsement to those who possess a valid COC issued under an IMO listed Flag. We look forward to working with you and should you have any questions or concerns please contact us at any time. Thank you. Thank you, Thank you, Captain Anthony (Tony) Rothgeb Seafarer Registrar Palau International Ship Registry 16701 Greenspoint Park Drive, Suite 155 Houston, TX, 77060 Phone: +1 281 876 9533 Fax: +1 281 876 9534 SKYPE: PISRSeafarer [email protected]