Policy paper

Memorandum of understanding concerning the recognition of training and certification of seafarers for service on United Kingdom and Red Ensign Group flagged vessels between the Indian administration and the United Kingdom administration

Published 21 July 2022

This was published under the 2019 to 2022 Johnson Conservative government

MEMORANDUM OF UNDERSTANDING

CONCERNING THE RECOGNITION OF

TRAINING AND CERTIFICATION OF SEAFARERS FOR

SERVICE ON UNITED KINGDOM AND RED ENSIGN GROUP FLAGGED VESSELS

between

THE INDIAN ADMINISTRATION

and

THE UNITED KINGDOM ADMINISTRATION

RECOGNITION OF CERTIFICATES UNDER THE TERMS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED

MEMORANDUM OF UNDERSTANDING

1 - This Memorandum of Understanding (“MoU”) 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 MoU as “STCW”, and the Code annexed to STCW is referred to as “the STCW Code”. This MoU is made without prejudice to the national laws of either Participant.

2 - For the purposes of this MoU:

• the term “INDIAN ADMINISTRATION” means the “Directorate General of Shipping, Ministry of Ports, Shipping and Waterways,” acting on behalf of the “Government of India”,
• the term “UNITED KINGDOM ADMINISTRATION” means the “Maritime and Coastguard Agency, including Red Ensign Group members,^{[footnote 1]} acting on behalf of the “Government of the United Kingdom”, and
• the Indian administration and the United Kingdom administration are referred to as “the Participants”.

3 - Having regard to the provisions of regulation I/10 of STCW including the related provisions of the STCW Code, the Participants have reached the following understanding:

(1) The INDIAN ADMINISTRATION is the Participant whose national certificates are to be recognised, and the UNITED KINGDOM ADMINISTRATION are the Participants that will provide Certificates of Recognition (endorsements) as evidence of such recognition.

(2) The UNITED KINGDOM ADMINISTRATION will issue Certificates of Recognition (endorsements) pursuant to regulation I/2, paragraph 5, of STCW following compliance by the INDIAN ADMINISTRATION with the requirements of regulation I/7 of STCW and section A-I/7 of the STCW Code.

(3) The INDIAN ADMINISTRATION will ensure that the training and assessment of seafarers as required under STCW is administered and monitored in accordance with the provisions of section A-I/6 and A-I/8 of the 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/7 of STCW. Similarly, the INDIAN ADMINISTRATION 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.

(4) In accordance with regulation I/10, paragraph 1.1 of STCW, the INDIAN ADMINISTRATION, subject to 30 days’ prior notice, will allow the UNITED KINGDOM ADMINISTRATION 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 INDIAN ADMINISTRATION will allow the UNITED KINGDOM ADMINISTRATION to have access to the results of the quality standards evaluations conducted in accordance with regulation I/8 of STCW. Further, the UNITED KINGDOM ADMINISTRATION will communicate the results of the evaluation carried out pursuant to this paragraph to the INDIAN ADMINISTRATION within 3 months of its completion.

(5) The INDIAN ADMINISTRATION will notify the UNITED KINGDOM ADMINISTRATION within ninety (90) days of any significant change in the arrangements for training and certification applying under its administration in accordance with STCW, and in particular regulation I/10, paragraph 1.2.

The significant changes include:

• changes in the contact details of the official responsible for authentication checks;

• changes affecting the procedures set forth in this MoU; and

• changes that amount to substantial differences from the information communicated to the Secretary-General pursuant to section A-I/7 of the STCW Code.

(6) The INDIAN ADMINISTRATION acknowledges that, in accordance with the provisions of regulation I/10, paragraph 6, of STCW, endorsements issued by it in recognition of a certificate issued by another Party to STCW will not be accorded further recognition by the UNITED KINGDOM ADMINISTRATION.

(7) Where a seafarer presents for recognition a certificate issued under the provisions of regulations II/1,II/2,II/3, III/1, III/2, III/3, III/6 or issued under VII/1 at the management level, the UNITED KINGDOM ADMINISTRATION will not recognise the certificate unless it is satisfied that the seafarer has an appropriate knowledge of the maritime legislation of the UNITED KINGDOM ADMINISTRATION relevant to the functions the seafarer is permitted to perform.

(8) Where the UNITED KINGDOM ADMINISTRATION for disciplinary reasons suspends, revokes or otherwise withdraws its Certificate of Recognition of a certificate issued by the INDIAN ADMINISTRATION, the UNITED KINGDOM ADMINISTRATION will provide the INDIAN ADMINISTRATION with full details of the circumstances, within seven (7) days of so doing.

(9) The INDIAN ADMINISTRATION accepts that UNITED KINGDOM ADMINISTRATION may verify the authenticity and validity of the certificates by the INDIAN ADMINISTRATION by online mechanism or through a direct request via facsimile or electronic mail from the official directly responsible for implementing the MoU. Further, the request will include personal details of the holder (name, surname, date of birth) and details of the certificate in question (type of certificate, serial number, place of issue and date of issue). The INDIAN ADMINISTRATION will communicate in response via facsimile or electronic mail within three (3) working days from the date of receiving such request.

4 - This MoU will come into effect on the date of execution of this MoU by the INDIAN ADMINISTRATION. It will continue to have effect for a period of five (5) years.

5 - This MoU may be terminated by either Participant by written notice given at least six (6) months before the date on which it intends that the MoU will cease to have effect. Unless either Participant gives such notice at least six (6) months before the date when this MoU would have ceased to have effect under the preceding paragraph, it will be reviewed six (6) months prior to the expiry date of the MoU. The positive results of the review will automatically extend the MoU for a further period of five years.

6 - All communications, arising from this MoU, will be made to the following addresses:

Indian administration

For Certificates related to Master and Mates

Name/Designation:
Nautical Advisor
Email:
[email protected]
Tel:
91-22-25752009
Address:
Directorate General of Shipping 9th floor ‘Beta’ Building,
i-Think techno campus,
Kanjurmarg (east),
Mumbai-400042

For Certificates related to Engineers

Name/Designation:
Chief Surveyor
Email:
[email protected]
Tel:
91-22-25752008
Address:
Directorate General of Shipping 9th floor ‘Beta’ Building,
i-Think techno campus,
Kanjurmarg (east),
Mumbai-400042

United Kingdom administration

For Certificates related to Master and Mates

Name/Designation:
Chief Examiner
Email:
[email protected]
Tel:
+44 203 81 72200
Address:
Maritime and Coastguard Agency,
105 Commercial Road,
Southampton,
S015 1EG

For Certificates related to Engineers

Name/Designation:
Chief Examiner
Email:
[email protected]
Tel:
+44 203 81 72200
Address:
Maritime and Coastguard Agency,
105 Commercial Road,
Southampton,
S015 1EG

Signed:

Name:

Director General of Shipping, Government of India For the Directorate General of Shipping, Ministry of Ports, Shipping and Waterways, Government of India

Date:

Signed:

Name:

TBC

On behalf of the United Kingdom Administration

Date:

Signed:

Name: Ajit Jacob

Chief Examiner, The MCA

For the United Kingdom Administration

Date: 17 June 2022

1. Red Ensign Group members are defined as the United Kingdom, the Crown Dependencies (Isle of Man, Guernsey and Jersey) and the UK Overseas Territories (Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, St Helena and the Turks & Caicos Islands) which operate shipping registers from their jurisdiction. ↩