CIRCULAR No 015

DECIDES

ISSUE THE GUIDELINES FOR CONDUCTING SURVEYS AND AUDITS IN LIGHT OF THE PANDEMIC GENERATED BY THE CORONAVIRUS COVID-19

1. This Circular applies to all vessels registered in the Venezuelan Naval Registry whose certificates have expired as of March 16, 2020, for the purpose of extending the expired certificates for a period of up to 3 months, as applicable, subject to prior compliance with the provisions of this instrument.
2. Administrative Ruling No. 055 dated August 22, 2017, relative to the Regulations for the Selection of Marine Inspectors, Radio Inspectors, Auditors of the Safety Management System (ISM Code), and Auditors of the Ship and Port Facility Security System (ISPS Code), remains fully in force; however, its application is subject to the protocols established by national and regional authorities, especially health authorities, regarding the movement of people, in order to prevent the spread of the scourge of COVID-19.
3. The survey of the vessel’s conditions, the vessel’s safety management system, and the Ship Security Plan (SSP) shall be carried out without the physical presence of the inspector and through the use of electronic means such as email, videos, videoconferences, video calls, and any other information and communication technology (ICT) tool that allows obtaining the necessary evidence for the survey and/or audit, provided by the shipowner, crew members, and/or officials from the Port Captaincies of the different Aquatic Jurisdictions.
4. The remote survey and/or audit regime must guarantee that the level of safety is effectively equivalent to an on-board inspection.
5. The Shipowner must make a request for a survey and/or Audit using the automated system available on the website of the National Institute of Aquatic Spaces.
6. At the time of making the request, the Owner/Shipowner or operator must indicate the type of inspection, audit, approval of plans and/or manuals, and the estimated date of the verification and/or audit.
7. The selection of the Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey shall be carried out randomly through the automated system.
8. Once the request is received, the Maritime Safety Management of the Institute will verify that the data corresponds to the selected Inspector and that the certificates subject to review comply with the “Survey Guidelines under the Harmonized System of Survey and Certification (HSSC),” (IMO Resolution A.1140(31)) and the law. If compliant, approval will proceed; otherwise, it will be rejected and the system will select another inspector or auditor, depending on the certificates subject to review. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official of the Aquatic Authority receives the respective random designation to conduct the survey and/or audit in their email from the National Institute of Aquatic Spaces through the automated system.
9. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey will contact the shipowner to agree on the terms of engagement and payment of fees, in accordance with item 27 of this Administrative Ruling. If no agreement is reached, the shipowner must access the system and state this situation in the respective menu, in order to initiate a new designation.
10. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey shall previously prepare the list of requirements that will allow making a diagnosis of the vessel’s conditions, anticipating for this purpose the IT means available to the vessel and/or the company.
11. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey must prepare a verification program and/or audit plan, which shall include, among others:
    1. Expected date and time to commence the inspection and/or audit.
    2. List of personnel, both on board and ashore, who will be involved during the inspection and/or audit.
    3. Designation of the person responsible for gathering and sending the required information.
    4. The combination of media to be used during the inspection and/or audit (videos, videoconference, telephone conference, etc.).
    5. Time frame to submit the documentation requested by the inspector and/or auditor.
    6. Methods for virtual links, their availability and compatibility, by prior agreement with the shipowner.

    This program shall form part of the survey report.

12. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey must request information from the shipowner or operator through email, videos, videoconference, video calls, and any other available information and communication technology (ICT) tool.
13. The Master of the Vessel, his crew, the Designated Person Ashore (DPA), the Ship Security Officer (SSO), and the Company Security Officer (CSO) shall be responsible for the accuracy of the data requested from them.
14. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey, based on the list of vessel requirements, shall compile a file that will form an integral part of the survey report.
15. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey must use the survey guidelines established in the “Survey Guidelines under the Harmonized System of Survey and Certification (HSSC),” (IMO Resolution A.1140(31)), the chapters of SOLAS, MARPOL, and other applicable Conventions.
16. In order to guarantee investigative responsibility, as well as rigor and impartiality for the evaluation of compliances, the Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey must draft a survey report, which must contain:
    1. Independent and objective judgments in accordance with the applicable requirements.
    2. Class reports, drydock reports, among other documents.
    3. Legal basis.
    4. Verification guidelines.
    5. Media used during the survey and/or audit (videos, videoconference, telephone conference, etc.).
    6. Photographic annexes demonstrating the survey in accordance with the verification guideline.
    7. Conclusions, recommendations.
    8. Annexes
17. This survey report must contain as much information as possible, so as to guarantee objectivity and transparency, and that all aspects defined in the verification program and/or audit plan have been evaluated, and that the identified deficiencies are treated according to the law, supported by evidence and appropriate reasons.
18. The Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey is responsible for preserving the objective evidence, videos, additional photos, and interaction with the personnel on board, as this could be required by the Maritime Safety Management.
19. The Survey Report will be forwarded to the Maritime Safety Management and to the Shipowner or operator through the automated system.
20. Once the survey report is received, it will be submitted for evaluation at the Maritime Safety Management and, according to its outcome, it will be accepted and the administrative process will continue.
21. The Maritime Safety Management performs the assessment for the issuance, renewal, endorsement, or extension of certificates.
22. The Shipowner or operator makes the corresponding payments and submits the respective receipts.
23. Subsequently, the Maritime Safety Management proceeds with the issuance, renewal, endorsement, or extension of the certificates.
24. In the event of deficiencies or non-compliances, the Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Aquatic Authority to conduct the survey shall be responsible for the follow-up and closing of each one of them, and shall present the respective closing reports to the Maritime Safety Management, a procedure which will not generate additional payments to those established in numeral 26 of this Circular.
25. Should expired safety and lifesaving elements be evidenced, such as liferafts, flares, radio equipment, and any service to firefighting equipment with expiration dates as of March 16, 2020, it must be indicated in the survey report, which will be evaluated by the Marine Inspector, Naval Specialist, Auditor, Radio Inspector, or Official designated by the Public Administration to conduct the survey, in coordination with the Maritime Safety Management.
26. The amounts to be paid by the shipowner or owner to the Marine Inspector, Naval Specialist, Auditor, or Radio Inspector for the provision of the vessel survey service, audits, and plan approvals for the certificates and/or approvals, depending on their Gross Tonnage (GT), are the following:
    

    Item	GROSS TONNAGE	AMOUNT
    1.	Between 0 and less than 5 GT	10 euros
    2.	Between 5 and less than 25 GT	20 euros
    3.	Between 25 and less than 50 GT	40 euros
    4.	Between 50 and less than 150 GT	130 euros
    5.	Between 150 and less than 500 GT	160 euros
    6.	Between 500 GT and less than 1,500 GT	200 euros
    7.	Between 1,500 and less than 5,000 GT	270 euros
    8.	Vessels of 5,000 GT and above	340 euros

27. Excepted from the payment described above are fishing vessels without a deck with a gross tonnage equal to or greater than 5 GT but with an overall length of less than 12 meters, as well as artisanal vessels of less than 5 GT, including those of indigenous communities, those dedicated to artisanal and subsistence fishing as livelihood for the fisherman and their family group, tourism vessels, and human-propelled vessels, in accordance with the provisions of the Circular issued by the National Institute of Aquatic Spaces No. 016 dated October 16, 2019, which remains in force.
28. The General Management of Marina shall be responsible for compliance with this Circular.
29. This Circular shall remain in force until the National Executive decrees the end of the State of Alarm.