Circular No. 014 of the Year 2020: Issuance of Safe-Conducts to Key Workers and Resumption of Embarkation and Disembarkation
Bolivarian Republic of Venezuela
Ministry of People’s Power for Transport
National Institute of Aquatic Spaces
(Special Notice – 011 COVID-19)
In the exercise of the powers conferred by Article 78, numeral 1 of the Decree with Rank, Value, and Force of Organic Law of Aquatic Spaces, in accordance with Articles 73, numerals 1 and 2, and 74, numerals 3, 13, 22, 23 ejusdem, and as provided in Articles 42 of the Decree with Rank, Value, and Force of Organic Law of Public Administration and 17 of the Organic Law of Administrative Procedures.
WHEREAS the National Executive, through Decree No. 4,160 dated March 13, 2020, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 6,519 Extraordinary of the same date, declared a State of Alarm to address the health emergency of the CORONAVIRUS (COVID-19) throughout the entire Venezuelan geographic space, given the social circumstances that seriously endanger public health and the safety of the citizens residing in the Bolivarian Republic of Venezuela, so that the National Executive may adopt urgent, effective, and necessary measures for the protection and preservation of the health of the Venezuelan population, in order to mitigate and eradicate the epidemic risks related to the coronavirus (COVID-19) and its possible strains, guaranteeing timely, effective, and efficient attention to any cases that may arise.
WHEREAS the National Executive, through Decree No. 4,186 dated April 12, 2020, published in the Official Gazette of the Bolivarian Republic of Venezuela Extraordinary No. 6,528 of the same date, extends for thirty (30) days the term established in Decree No. 4,160 dated March 13, 2020, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 6,519 Extraordinary, which decreed the State of Exception of Alarm throughout the national geographic space, in order to provide continuity to the policies for the protection and preservation of the health of the Venezuelan population, to mitigate and eradicate the epidemic risks related to the coronavirus (COVID-19), given that the exceptional, extraordinary, and situational circumstances that prompted the declaration of the State of Exception of Alarm still persist.
WHEREAS the International Maritime Organization has expressed that the pandemic caused by the new coronavirus (COVID-19) constitutes a global public health crisis, the response to which by governments requires keeping global supply chains open and maritime trade, transport, and services moving, to ensure that the world’s medical supplies, food, energy, and raw materials, as well as manufactured goods and vital components for job preservation, continue to reach their intended destinations to satisfy the needs of the population.
WHEREAS in attention to the recommendations issued by the International Maritime Organization in IMO Circular No. 4204/Add.6 dated March 27, 2020, vessels and the National Port System must continue operating to maintain the full functionality of supply chains, adhering to the corresponding health protocols, to continue facilitating international maritime trade, including the connections of the National Port System with the interior of the country.
WHEREAS the International Maritime Organization published IMO Circular No. 4204/Add.4 dated March 5, 2020, containing the document “COVID-19 – Guidance for Ship Operators for the Protection of the Health of Seafarers” developed by the International Chamber of Shipping (ICS), in response to the coronavirus outbreak, and invited Member States and international organizations to make use of the guidance as they deem necessary.
WHEREAS the International Maritime Organization published in IMO Circular No. 4204/Add.3 dated March 2, 2020, the document “Operational considerations for managing COVID-19 cases and outbreaks on board ships,” prepared by the World Health Organization (WHO), and urged Member States and international organizations to disseminate this guidance to all stakeholders.
WHEREAS seafarers, by virtue of the work they perform in the maritime field, are individuals who are generally far from their homes and families, and whose own health and well-being must be considered within the policies enacted in response to this situational event, and treated with the dignity and respect they deserve for their role in providing essential services; therefore, the Venezuelan Aquatic Authority, subject to the policies issued by the National Executive, has been implementing mechanisms to allow—under transit restriction conditions throughout the national geographic space—those who must travel for their work to do so, in strict compliance with the declared State of Exception of Alarm to address the CORONAVIRUS (COVID-19) health emergency.
WHEREAS it corresponds to the National Institute of Aquatic Spaces (INEA), in the exercise of the Aquatic Authority and Administration, in accordance with the competencies legally assigned to it in the exercise of public authority, to enforce the guidelines and policies of the National Executive, as well as the guidelines and directives linked to maritime safety and seafarers.
HEREBY DECIDES
HEREBY ISSUES THE DIRECTIVES FOR THE MOBILIZATION OF SEAFARERS AND PERSONNEL ASSOCIATED WITH THE SHIP-PORT INTERFACE, BY VIRTUE OF THE PANDEMIC GENERATED BY THE CORONAVIRUS COVID-19.
- Seafarers and personnel associated with ship-port interface operations, regardless of their nationality, shall be identified as “Key Workers” when they are within the Venezuelan geographic space.
- The Aquatic Authority will issue a provisional official document called a “Safe-Conduct” (Salvoconducto) to Seafarers and personnel associated with the operations of the ship-port interface who are identified as Key Workers. This will be done through requests submitted to the National Institute of Aquatic Spaces (INEA) via the Institute’s website by Agencies, Shipping Companies, and other companies and institutions of the National Aquatic sector, for the purpose of carrying out the following activities: crew changes, medical assistance, contract termination, repatriation, naval inspections, provisioning, ship maintenance and services, shipboard garbage collection, underwater inspections, cargo consolidation, launch services, tugboats, cargo and passenger transport, and any other activity involving the mobilization of Key Workers. The safe-conduct constitutes an instrument recognized by national and international authorities that allows and facilitates the free transit of Key Workers, without prejudice to what the authorities may determine—especially health authorities—at the place of departure and destination, and without detriment to other documents that accredit them according to law. The procedure for granting the aforementioned safe-conduct is free of charge.
- Authorities in charge of controlling the transit of persons within the national territory must permit the circulation of Key Workers in order to facilitate the activities of the national aquatic sector under the current conditions of the State of Exception of Alarm.
- Authorities in charge of controlling the transit of persons within the national territory must permit the circulation of Key Workers in order to facilitate the activities of the national aquatic sector under the current conditions of the State of Exception of Alarm.
- Shipowners, through their shipping agencies, shall be responsible for ensuring the transport of seafarers identified as Key Workers to their final destination, and must cover all expenses related to mobilization, food, lodging, and tickets, as well as comply with the directives issued by national authorities, especially health authorities, to combat the spread of CORONAVIRUS COVID-19.
- Key Workers among seafarers must be provided with the corresponding valid Health Certificate, which presumes their good health status, without this preventing compliance with the protocols implemented for the Coronavirus COVID-19. Likewise, they must possess their employment letter, disembarkation or embarkation notice, contract termination, medical assistance record, or others as the case may be.
- Shipping companies and shipowners, through their shipping agency, must guarantee via a Commitment Letter (Carta Compromiso) that the personnel identified as Key Workers—both those embarking and those disembarking—have all logistical aspects covered for their transfer and arrival at their destinations, such as tickets, accommodation, food, etc.
- All companies and institutions operating within the National Aquatic Sector must be aware of and provide information to vessels and crews regarding basic protection measures against COVID-19, taking as reference the recommendations of the World Health Organization (WHO) published in “Operational considerations for managing COVID-19 cases and outbreaks on board ships” and the advice prepared by the International Chamber of Shipping published in the document “COVID-19 – Guidance for Ship Operators for the Protection of the Health of Seafarers,” as well as those issued by the Aquatic Authority.
- Port Captaincies shall ensure strict compliance with all procedures and protocols required by health authorities, including, among others, screening tests, quarantines, social and voluntary isolation, confinement, etc.
- The Port Captain of the Aquatic Jurisdiction where the issuance process of the safe-conduct referred to in this Circular originates must inform, via the most expeditious means, the regional authorities in charge of implementing plans to mitigate and eradicate epidemic risks related to the coronavirus (COVID-19) about the safe-conducts issued, in order to coordinate what is necessary so that the aforementioned mobilization does not constitute a risk of spread and/or contagion of the COVID-19 virus.
- The directives established in this instrument may under no circumstances contravene more specific transit restriction measures regarding parts of the national geographic space, curfews, restricted transit hours, etc., that are established by the different political-territorial levels within the scope of their respective competencies under the framework of the decree declaring the State of Exception of Alarm to address the CORONAVIRUS (COVID-19) health emergency.
- The Aquatic Authority, through the General Directorates of Marina and Operations of the Institute, shall ensure compliance with this Circular.
Circular No. 010 dated March 17, 2020, containing Special Notice 007-COVID 19, which prohibits the embarkation and disembarkation of crews, is hereby repealed.
Notify the content of this Circular through all dissemination mechanisms.
In Caracas, on the 27th day of the month of April, 2020.
President of the National Institute of Aquatic Spaces
Decree No. 2,874 of May 18, 2017
Official Gazette No. 41,153 of May 18, 2017
Reprinted due to a material error, according to Official Gazette No. 41,166 dated June 6, 2017.
