Imo Voluntary Selfassessment Solas-isps 1192

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS

Legislation required under Rule I/10 – Recognition of Certificates

ANNEX 1.11

Full translation into English language (Order nr. 24/2001, July 2nd) APPROVES THE REGULATIONS FOR RECOGNITION OF CERTIFICATES OF PROFESSIONAL QUALIFICATION FOR EXERCISING FUNCTIONS ON BOARD SHIPS FLYING UNDER CAPEVERDIAN FLAG

1

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS

Order nr. 24/2001, July 2nd APPROVES THE REGULATIONS FOR RECOGNITION OF CERTIFICATES OF PROFESSIONAL QUALIFICATION FOR EXERCISING FUNCTIONS ON BOARD SHIPS FLYING UNDER CAPE-VERDIAN FLAG. In today’s world, the mobility of seafarers is a reality and therefore is important that regulation of means of recognizing diploma of study and certificates be put in place. Besides, seagoing profession is characterized by an internationally nature and knowing no boundaries. Also, it is requirement of the International Convention on Standards, Training, Watchkeeping and Certification, 1978, as amended in 1995 that the procedure of recognition of certificates be regulated. This present order having in mind the objectives defined in matters regarding training and certification, relating to seafarers, establishes principles, rules of procedures and requirements that must be followed for the recognition of diploma of study and certificates. Therefore, according to article 3 of Decree Lau nr 4/2000 of 14th of February, which approves the Regulation on Seafarers Registration, Safe Manning, Employment Regime, Certification, Courses, Seagoing service and Examination, for merchant marine ships and fisheries, The Government authorizes, by the Minister of Transport the following: Article 1 (Approval) The recognition of certificates or diploma of studies of professional qualification for exercising functions on board ships flying capeverdian flag, issued by a third party, obeys the principles, procedures and requirements of the regulation annex to this order of which is part. Article 2 (Entry into force) This order comes into effect 30 days after the date of its publication. Office of the Minister of Transport, done in Praia on 5th of June 2001. The Minister – Jorge Lima Delgado Lopes. REGULATIONS ON RECOGNITION OF CERTIFICATES

2

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS CHAPTER I Principles, competent authority and definitions Article 1 (General principle) The recognition of certificates and diploma of study issued abroad and for purpose of exercising function on board ships must satisfy the requirements and conditions defined in this order. Article 2 (Competent authority) The Maritime Administration (DGMP) is the competent authority for the purpose of recognition of diplomas and certificates of professional qualification issued by foreign countries. Article 3 (Definitions) 1. For the effect of present order, diploma means a document or a set of documents with that designation, of a certificate or other, issued by a competent foreign State, as such considered legal that permits that its holder, satisfy cumulatively: a. Complete, with approval, in higher education institution, a cycle of post-secondary education of at least three years or a cycle of study or complementary education training program after having seagoing service of duration not less than one year between the two cycles; b. Have qualification establish for the access or to exercising seagoing profession in that State; c. Acquired training required for that diploma or have three of professional experience certified by the State which recognized, in case the diploma had been obtained a third country; 2. Certificate is considered to be a document or set of documents issued by a competent authority according to the text of number 1 which permits verify that the holder, alternatively; a. Complete, with approval, after attended a cycle of study of secondary education different from the alternative foreseen in paragraph a) of number 1, completed a practical seagoing service, as required; or b. After, attending a cycle of study of secondary education of technical or professional nature, concluded a cycle of study or a training program relative to previous paragraph, and if is the case, a practical seagoing service as required; c. Have professional qualification required for the access or to exercising the seagoing profession; d. Acquired the required training or have two years of professional experience certified by the State which recognized the title issued in a third country.

3

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS CHAPTER II (Recognition of Certificate of Competency under STCW Convention) Article 4 (General provisions) 1. The recognition of certificate of competency for seagoing profession on board capeverdian flag vessels follows the procedural norms of article 5 and on. 2. The recognition is made individually by request of the interested seafarers or by mutual recognition protocols established by the competent authorities of each foreign country. 3. Certificate for this chapter means a valid document, regardless of its designation, issued by a competent authority of a State or under its jurisdiction, that allows the holder to perform functions indicated on that document and in conformity with the STCW Convention. 4. In the decision process, it is necessary to have into consideration if the certificate object of appreciation satisfy all requirements of the STCW Convention and include all certificates required for the exercise of related function and the holder has appropriate knowledge of the national maritime legislations related to the respective function. Chapter III (Process) Article 5 (Request and process) 1. The request of recognition of certificate/diploma é addressed to the Maritime Administration (DGMP) written in Portuguese language and must contain the following documents: a. Full name, nationality, date of birth, residence in Cape Verde and the State which issued the certificate/diploma; b. Indication of diploma of study, certificates of qualifications and other professional documents of the State which issued them, as well as, if is the case, the States that have recognized them and respective dates. 2. The requested is instructed with: a. Official personal document of identification with the mention of nationality; b. Copy authenticated of documents referred in paragraph b) of number 1. 3. The documents mentioned in previous numbers must be submitted accompanied by a translation into Portuguese language, in case need be, and dully authenticated by a notary or Consular services. 4. The Maritime Administration (DGMP) can always required more information, additional documents or proof of elements referred on the request. Article 6 (Decision)

4

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS 1. The decision of the request may be of following nature: a. Favorable dispatch; b. Favorable, conditioned dispatch; c. Unfavorable dispatch. 2. The favorable decision permits the requester immediate access to the profession or his exercising. 3. The favorable conditioned decision implies that the requester must satisfy additional requirement as stated in the dispatch. 4. The unfavorable dispatch cannot be accepted. 5. The recourse of the decision is to apply the general law into force. Article 7 (Time frame) 1. A decision must be reached within four months after the date the instructions are to be considered concluded. 2. During the pending period of recognition process, the requester may authorize, precariously, to exercise the activity. In such cases the Maritime Administration must issue a statement indicating the authorization granted. Article 8 (Maritime Registration, seaman’s book and ranks) To the individuals that have got favorable dispatch on the process of recognition of diploma or certificate of professional qualification for the effects of exercising profession on board capeverdian flag ships must be obliged to proceed with maritime registration and the seaman’s book and afterwards with be endorsed the proper rank. Article 9 (Provisional exercise of maritime profession) 1. During the process of recognition of certificate and when circumstances allows or in case of force majeur the competent authority may authorize the requester to embark in capeverdian flag ship as long as he is the holder of an appropriate valid certificate issued by a foreign State. 2. The authorization, which should not be for a period of no more than three months, must indicate that the recognition process is in due course.

Article 10 (Procedures and criteria) 1. A certificate issued by another State is recognized by the Cape Verde Maritime Administration for the purpose of exercise functions of board ships under capeverdian flag, if the certificate satisfied the following conditions: a. The certificate has been issued by a State Part of the STCW Convention. b. The issuing State have been identified by Safety Committee of IMO as fully comply with the STCW Convention;

5

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS

2.

3.

4.

5.

6. 7.

c. The Cape Verde Maritime Administration should have taken all necessary measures and carry out inspection to confirm that the requirements, level of competency for the issuance and maintenance of the registry are satisfied and have been created a quality level assessment system under the regulation I/8 of the STCW Convention. In situations where the paragraph b) has not been satisfied, namely because the IMO Safety Committee has not had the opportunity to do so, the State in appreciation shall communicate to the capeverdian State and to IMO information on: a. Texts of laws, decrees, dispatches, regulations and legal instruments pertaining to the implementation of STCW Convention; b. Detailed description, content and duration of courses, including a clear explanation of the policies adopted relatively to the educational system, training program, examinations, assessment of knowledge and certifications methods and criteria; c. National examination system and other requirements adopted for each type of certificate issued in conformity of STCW Convention; d. Sufficient number of specimen of certificates issued under the STCW Convention; e. Information regarding the organizational structure of the government agency responsible for implementing the STCW Convention; f. Objective explanation of juridical and administrative measures taken to guarantee the compliance of the STCW Convention regarding training procedures and assessment and the record keeping of certificates; g. Objective description of the formalities to be followed for authorization, homologation, or approval of training program, examinations and assessment of competency required by the STCW Convention, respective conditions and a list of approval conceded. The Maritime Administration shall compare the information provided with all relevant requirements under the SCTW Convention in order to assure that full compliance applies. The Maritime Administration should undertake all necessary measures, including the possibility of inspection of the training installations and confirm the requirements relative to the level of competency, issuance and authentication of certificates, etc. according to Regulation I/8 of the STCW Convention. The Maritime Administration should assure, if case need be, the a compromise be agreed between the State object of appreciation and Cape Verde so notification may be made in case of alterations of regimes into effect regarding training and certifications under the provisions of STCW Convention. The certificates presented for recognition must have in its writing an authentication valid attesting his issuance, or it must be accompanied by one. The Maritime Administration shall establish adequate measures destined to guarantee that the seafarers that request recognition of certificates for performing functions at level of management have appropriate knowledge of capeverdian maritime legislation relative to those functions pertaining to the rank.

6

MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES DIRECÇÃO GERAL DA MARINHA E PORTOS CHAPTER IV (Recognition of other certificates) Article 11 (Procedures) 1. The recognition of certificates relative to specific knowledge, obtained through training courses required for exercising seagoing profession or for performing functions on certain type of ships, issued abroad by a competent authority may be recognized when proper regulation are put into force. 2. Certificates required for recognition of certificate of competency are foreseen in number 1. 3. The procedures for recognition of certificates foreseen in this chapter should also apply the general principles of chapter III with adaptations found to be necessary. 4. In case of favorable dispatch, the recognition will be formalized by issuance of corresponding capeverdian certificate.

The Minister, Jorge Lima Delgado Lopes.

7