Circular N° 018 2020, Per diem Payment for Pilot Pilots
Circular N° 018 2020, Per diem Payment for Pilot Pilots
Bolivarian Government of Venezuela
Ministry of People’s Power for Transportation
National Institute of Aquatic Spaces
INEA
CIRCULAR N° 018
WHEREAS
The National Institute of Aquatic Spaces is the management entity of the policies emanating from the governing body and exercises the Aquatic Authority and Administration, in accordance with the competences established by law,
WHEREAS
In the exercise of its competencies, it must adopt measures in matters of circulation, transit and aquatic transportation and related services, as well as those related to navigation and maneuvering of vessels arriving at or departing from the different aquatic or port areas, including anchorages authorized for the operation of vessels, docks, ports or terminals,
WHEREAS
It is in the public interest and of a strategic nature to supervise, monitor and control the transit of vessels within the aquatic circumscriptions, as well as to guarantee that the pilotage service, which must be provided 24 hours a day, 365 days a year, is carried out in an effective and efficient manner so as not to cause unnecessary delays to vessels transiting the Maracaibo Ship Channel,
WHEREAS
There are operational agreements signed between the National Institute of Aquatic Spaces and the state-owned company Petróleos de Venezuela S.A. (PDVSA), which were discussed between the parties involved, thus minimizing the costs for maneuvers according to the unforeseen events that could arise, due to the number of members of the piloting corps of the Port Captaincy of Maracaibo, as well as the different geographical conditions existing in the Aquatic Circumscription,
WHEREAS
It is necessary that the Aquatic Administration frame its daily management, oriented in viable profiles of operability and compatibility, in accordance with the dynamics that characterize the aquatic shipping sector and at the same time constitute a fundamental basis for the fulfillment of the national and international commitments that correspond to the Aquatic Authority, in order to facilitate and promote the different operational activities of the ships and maritime traffic in general.
DECIDES
1°. The amount to be paid as per diem referred to in this Circular, corresponds to a single payment for the service rendered to the vessel by the pilot at the time of performing his activity, be it navigation or docking or undocking maneuver, as established in the definitions herein. It is understood that the support maneuvers during the maneuver (weighing or releasing anchor, transfer, etc.) are part of the docking or undocking maneuver, and therefore this shall generate a single per diem payment.
2°. The amount to be paid for per diems in Petro as the accounting unit corresponding to the Maneuvering Pilots is established in the amount of FORTY (40), at its current value of one and thirty-three Petros (1,3333332 P), which is equivalent to thirteen million six hundred and forty-nine thousand three hundred and fourteen Sovereign Bolivars with twenty-seven cents (Bs.S 13,649,314.27), which amount to be paid is fixed in the amount of EIGHTEEN MILLION ONE HUNDRED AND NINETY-NINE THOUSAND EIGHTY-THREE SOVEREIGN BOLIVARS AND EIGHTY SEVEN CENTS (Bs.S 18,199,083.87) and to the Pilot Navigators the amount of SIXTY (60) Petros, corresponding to one ninety-eight Petros (1.98 P), at its current value of thirteen million six hundred and forty-nine thousand three hundred and fourteen Sovereign Bolivars with twenty-seven cents (Bs.S 13,649,314.27), which amount to be paid is fixed in the amount of TWENTY SEVEN MILLION TWENTY FIVE THOUSAND SIX HUNDRED FORTY TWO SOVEREIGN BOLIVARS WITH TWENTY FIVE CENTS (Bs.S 27,025,642.25). It is understood that this amount includes only the per diem payment referred to in this Circular (lodging, food and transportation), per vessel or floating unit assisted.
3°. The per diem payments referred to in this Circular must be paid by the Shipping Agencies prior to the rendering of the service, in which case the corresponding amount shall be credited to an account indicated for such purpose by the National Institute of Aquatic Spaces, through the Collection Office, and the latter, through the respective Port Captaincy, shall pay the Pilot, it being understood that the amount established herein is recognized to each pilot according to the navigations, from the time of his embarkation until his disembarkation. It is expressly understood that the Official Pilots are public servants assigned to the National Institute of the Aquatic Spaces, therefore, the labor relations are only and exclusively between both according to the law, not being able to be established under any respect agreements or agreements between the official pilots and individuals, which is null of absolute nullity.
4°. In case a cab service is required to transport the pilot, it shall be provided to and from the Port Captain’s Office, as established in Article 8 of the Pilotage Service Regulations.
5°. For the purposes of this Circular, the scope of the different maneuvers and/or navigations is described:
- Inbound Navigation: Navigation from the embarkation of the Pilot Navigator on the Vessel to the Water Circumscription, including the anchoring of the vessel by the Pilot or the handing over of the vessel to a Pilot Maneuverer.
- Departure Navigation: Navigation from the time the Pilot Navigator receives the vessel in the Aquatic Circumscription, whether at anchor or delivered by a Pilot Maneuverer until disembarkation.
- Mooring Maneuver: Maneuver performed by the Maneuvering Pilots involving the use of tugboats, in order to berth a vessel at the different docks of the Terminals and/or Ports of the Aquatic Circumscription; this maneuver involves navigation performed from anchorage or when the vessel was delivered by pilot navigator.
- Undocking Maneuver: Maneuver performed by Pilots that involves the use of tugboats, in order to undock a vessel from the different docks in the Terminals and Ports of the Aquatic Circumscription, this maneuver involves the navigation performed from the terminal or dock to the anchorage or when the vessel is delivered to the pilot navigator.
- Internal Navigation between anchorages: Navigation carried out by the Maneuvering Pilots between anchorages of the Aquatic Circumscription, including navigations that begin with the reception of the vessel by the Pilot Navigator or the delivery of the vessel to said Pilots. These navigations involve the lifting and anchoring of the vessels involved.
It is expressly understood that the per diem payment comprises exclusively the service per vessel or floating unit assisted, regardless of the number of maneuvers performed.
6°. Notwithstanding the provisions of the preceding paragraphs, the Maneuvering Pilots who navigate to or from La Ceiba shall be paid the amount of SIXTY (60) Accounting Units (U.C.), corresponding to one ninety-eight Petros (1.98 P), at its current value of thirteen million six hundred and forty-nine thousand three hundred and fourteen Sovereign Bolivars with twenty-seven cents (Bs.S 13,649,314.27), that is, the amount of TWENTY SEVEN MILLION TWENTY FIVE THOUSAND SIX HUNDRED FORTY TWO SOVEREIGN BOLIVARS AND TWENTY FIVE CENTS (Bs.S 27,025,642.25), only for the per diem concept that includes lodging, food and transportation, since it contemplates another water district.
7°. All smaller vessels used for the transfer of the pilot navigator or maneuverer through concessioned companies, shall be settled by the Collection Office of the corresponding Port Captaincy, in accordance with the provisions of Resolution No. 033 dated May 02, 2018, including if the embarkation or disembarkation of the pilot is carried out in oil terminals of PDVSA Petróleos S.A.
8°. The necessary port services as a consequence of the arrival of vessels to the aquatic districts, where the use of air, land and water means are required for the attention of the vessels, shall be coordinated by the Vessel Owners through their shipping agent, for which all mooring and unmooring services, transfer of officials or authorities, underwater inspections, hull cleaning and ballast water control, shall be carried out by certified companies to perform each activity, and the Port Captaincy shall only ensure compliance with this certification.
It is expressly understood that the National Institute of Aquatic Spaces, through the Port Captaincies, will not elaborate or control roles of attention by specific companies.
9°. Any other provision issued by this Aquatic Authority on previous dates regulating this same matter is hereby repealed.
10°. This Circular shall be effective as of July 1, 2020, and shall apply and comply with the provisions of this Circular.
11° The application of the provisions set forth in this circular shall apply to the state-owned company Petróleos de Venezuela S.A. (PDVSA) on the occasion of the Operational Agreements.
12° Anything not foreseen in this Circular in relation to the matter dealt with shall be resolved by the Aquatic Authority.
In Caracas on the seventh (7th) day of July 2020
