Circular No. 019 of the year 2020, Safe-Conduct (Guidelines for the International Mobilization of Seafarers)
Bolivarian Republic of Venezuela
Ministry of People’s Power for Transport
National Institute of Aquatic Spaces
(Special Notice – COVID-19)
In the exercise of the powers conferred by Article 78, paragraph 1 of the Decree with Rank, Value, and Force of Organic Law of Aquatic Spaces, in accordance with Articles 73, paragraphs 1 and 2, and 74, paragraphs 3, 13, 22, 23 ejusdem, and as provided for 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 pandemic caused by the novel 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 components vital for job preservation, continue to reach their destinations to satisfy the population’s needs.
WHEREAS, vessels and the National Port System must continue operating in order to maintain the full functionality of supply chains, adhering to the corresponding health protocols and facilitating international maritime trade, including the connections of the National Port System with the interior of the country, in attention to the recommendations issued by the International Maritime Organization in IMO Circular No. 4204/Add.6 dated March 27, 2020.
WHEREAS, the International Maritime Organization published IMO Circular No. 4204/Add.14 dated May 5, 2020, containing the document “Coronavirus (COVID-19) – Recommended framework of protocols for ensuring safe ship crew changes and travel during the coronavirus (COVID-19) pandemic” in response to the coronavirus outbreak, and invited Member States and international organizations to make use of the recommended framework of protocols to ensure the safety of crew changes and travel during the coronavirus (COVID-19) pandemic.
WHEREAS, professional seafarers and marine personnel, by virtue of the work they perform in the maritime domain, have been designated as “key workers” providing an essential service regardless of their nationality; therefore, the International Maritime Organization, pursuant to IMO Circular No. 4204/Add.14 dated May 5, 2020, urges and recommends maritime administrations and, as appropriate, in collaboration with Governments, relevant national authorities—including, but not limited to, health, customs, immigration, border control, port, and civil aviation authorities—to grant the necessary and appropriate exemptions from national travel or movement restrictions in order to facilitate the entry or departure of ships.
WHEREASThe National Executive, through Decree No. 4,160 dated March 13, 2020, published in the Extraordinary Official Gazette of the Bolivarian Republic of Venezuela No. 6,519 of the same date, declared a State of Alarm to address the CORONAVIRUS (COVID-19) health emergency throughout the Venezuelan geographical space, given the social circumstances that seriously endanger public health and the safety of the citizens living in the Bolivarian Republic of Venezuela, so that the National Executive may adopt urgent, effective, and necessary measures to protect and preserve the health of the Venezuelan population, mitigate and eradicate the risks of epidemic related to the coronavirus (COVID-19) and its possible strains, and ensure timely, effective, and efficient care for cases that arise, its latest extension being via Decree No. 4,260 dated August 08, 2020, published in the Extraordinary Official Gazette of the Bolivarian Republic of Venezuela No. 6,560 of the same date.
WHEREAS, it is the responsibility of the National Institute of Aquatic Spaces, in the exercise of the Aquatic Authority and Administration, and in accordance with the competencies legally assigned to it in the exercise of public authority, to comply with the guidelines and policies of the National Executive, as well as directives related to maritime safety and seafarers in view of the coronavirus (COVID-19) pandemic situation.
HEREBY DECIDES
- To establish the guidelines for the international mobilization of seafarers to carry out activities related to crew changes and repatriation.
- To grant seafarers the necessary and appropriate exemptions within national and international travel or movement restrictions to facilitate the entry or departure of vessels, through the issuance of an international Safe-Conduct for Seafarers, identified as Key Workers, upon applications submitted to the National Institute of Aquatic Spaces (INEA) through its website by Shipping Agencies, Shipping Companies, and other companies and institutions of the national aquatic sector, to perform activities related to crew changes and repatriation.
- The authorities in charge of controlling the transit of persons within the national territory in accordance with the law must, for the purposes of crew changes and repatriation, as the case may be, allow the movement of Key Workers to facilitate the activities of the national and international aquatic sector under the current conditions of the State of Alarm, upon presentation of the Mobilization Safe-Conduct for Seafarers – “Key Workers.”
- The authorities in charge of controlling the transit of persons within the national territory must, for the purposes of crew changes and repatriation, allow seafarers to disembark from vessels in ports and transit to their place of residence within the national territory or to an airport if their destination is outside the country.
- The Mobilization Safe-Conduct for Seafarers – “Key Workers” shall be issued solely by the National Institute of Aquatic Spaces (INEA) as the maritime authority in accordance with its legal competencies.
- The National Institute of Aquatic Spaces, through the Seafarers Management Department, shall maintain a registry of the Mobilization Safe-Conducts for Seafarers – “Key Workers,” in accordance with the provisions of this Circular.
- The issuance of the Mobilization Safe-Conduct for Seafarers – “Key Workers” shall not exceed 5 business days, counted from the date of its request, and shall be valid for 45 continuous days.
- The Mobilization Safe-Conduct for Seafarers – “Key Workers” shall feature a unique tracking number via a QR code and the electronic signature of the President of the National Institute of Aquatic Spaces (INEA).
- For the issuance of the Mobilization Safe-Conduct for Seafarers – “Key Workers,” the applicant must comply with the protocols covering travel and displacement of seafarers to and from vessels for crew changes.
- Shipowners, through their shipping agencies (their agents and representatives, including recruitment 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 directives issued by national and international authorities, especially health authorities, to combat the spread of CORONAVIRUS COVID-19.
- Seafarer Key Workers 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.
- Seafarers must comply with the basic biosafety protection measures against COVID-19 established by the World Health Organization (WHO).
- Seafarers hired by shipowners, employers, operators, or Shipping agents who do not have legal representation in the Bolivarian Republic of Venezuela must establish contact with the Merchant Marine Officers College Foundation (Fundación Colegio de Oficiales de la Marina Mercante) or with a shipping agency with legal representation in Venezuela to carry out the corresponding coordination between agencies for the transport of Seafarers from their residence to the vessel and from the vessel to their residence.
- The Aquatic Authority, through the General Directorates of Marine and Operations of the Institute, shall ensure compliance with this circular.
Notify the content of this Circular through all dissemination mechanisms.
In Caracas, on the 25th day of the month of August, 2020.
Acting President of the National Institute of Aquatic Spaces
Decree No. 4,255 dated 07/16/2020
Official Gazette of the Bolivarian Republic of Venezuela No. 41,923 dated 07/16/2020
