Bolivarian Republic of Venezuela

CONSIDERING That the International Maritime Organization (IMO) has, in recent years, been encouraging the use and recognition of electronic certificates, as established in the “Guidelines for the use of electronic certificates” (FAL.5/Circ.39/Rev.2), resulting in an increased use of electronic files and signatures, as well as security measures to reduce cyber fraud, whereby these latest technological advances have made the use of various digital solutions realistic and viable for generating electronic certificates as part of the statutory certification process;

CONSIDERING That Venezuela is a party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78), as per the Official Gazette of the Republic of Venezuela No. 3,878 dated July 30, 1986;

CONSIDERING That Venezuela is a party to the Convention on Facilitation of International Maritime Traffic (FAL 1965), as per the Official Gazette of the Bolivarian Republic of Venezuela No. 5,559 dated November 19, 2001, and that Circular FAL.5/Circ.39/Rev.2 invites Member Governments to take the necessary measures at the national level to develop appropriate domestic legislation required for the use and acceptance of electronic certificates;

CONSIDERING That in Chapter I, General Provisions, regulation I/1 “Definitions and clarifications” of the STCW Convention, the terms “certificate of competency” and “certificate of proficiency” do not explicitly specify whether certificates and documents must be issued and maintained as original paper copies or in electronic format;

CONSIDERING That paragraph 11 of regulation I/2 of the STCW Convention, “Certificates and endorsements”, establishes that: “Subject to the provisions of regulation I/10, paragraph 5, any certificate required by the Convention shall be kept available in its original form on board the ship on which the holder is serving”;

CONSIDERING The clear orientation of the Venezuelan State toward an Electronic Government, which aims to apply information and communication technologies to the functioning of the public sector in order to provide better services to citizens and increase efficiency, transparency, and public participation; an orientation concretized through the enactment of Decree-Law No. 1,240 on Data Messages and Electronic Signatures of 2001, and the creation of the Superintendency of Electronic Certification Services (SUSCERTE), an entity attached to the Ministry of Popular Power for University Education, Science, and Technology (MPPEUCT).

CONSIDERING That the Venezuelan aquatic administration interprets the term “original” included in paragraph 11 of regulation I/2 of the STCW Convention, “Certificates and endorsements”—”Subject to the provisions of regulation I/10, paragraph 5, any certificate required by the Convention shall be kept available in its original form on board the ship on which the holder is serving”—to mean documents presented either in paper or electronic format, provided that the latter allow access to the digital database via the Internet and also feature an electronic signature, as indicated in the circular “Guidelines for the Use of Electronic Certificates”, where such signature shall be used in the electronic certificate associated with other electronic data that serve as a method of authentication for the issuer and the content of the electronic data, thereby providing the due security;

CONSIDERING That the National Institute of Aquatic Spaces, in the exercise of the Aquatic Authority and Administration, has the power to certify merchant marine personnel through the issuance of certificates, licenses, endorsements, and certifications for Seafarers, in accordance with international conventions and national legislation governing the matter, and is the competent body to recognize the education, qualification, and training of Seafarers.