Circular No. 023 of 2020, Recognition of Medical Certificates issued by a Medical Practitioner of a State Party to the STCW Convention
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 the Rank, Value, and Force of Organic Law of Aquatic Spaces, pursuant to the provisions of Articles 73, paragraphs 1 and 2, and 74, paragraphs 3, 4, and 5 ejusdem, in conjunction with Articles 160 and 283 of the Decree with the Rank, Value, and Force of the Law on Marinas and Connected Activities, and in accordance with the provisions of Article 42 of the Decree with the Rank, Value, and Force of the Organic Law of Public Administration and Article 17 of the Organic Law of Administrative Procedures.
WHEREAS, the measures adopted to address the emergency of the Coronavirus COVID-19 outbreak impact the revalidation process of certificates and licenses, including medical certificates, as well as the endorsements of certificates in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, and pursuant to the recommendations of IMO Circular No. 4204/Add.5 dated March 17, 2020.
WHEREAS, extending the validity of mandatory certificates, licenses, and endorsements issued to seafarers by this Aquatic Administration beyond the three months permitted under the International Maritime Organization treaty framework for those crew members who, due to any circumstance, cannot complete the procedure in accordance with the provisions of the legal system, is a matter within the purview of the Flag States.
WHEREAS, the Secretary-General of the International Maritime Organization (IMO), in Circular No. 4204/Add.19 dated June 2, 2020, regarding Coronavirus (COVID-19) – Guidance for Flag States regarding surveys and renewals of certificates during the COVID-19 pandemic, expresses the view that extending the validity of certificates beyond the regulatory maximum should only be considered in extraordinary circumstances, and should therefore be limited to specific situations caused by the COVID-19 pandemic; and that the relevant decisions should be made on a case-by-case basis, encouraging Flag States to establish a limit for such certificates or other extraordinary measures, which should be reviewed periodically taking into account the evolution of the pandemic, so that seafarers’ documents are renewed as soon as possible in accordance with current regulations.
WHEREAS, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), 1978, as amended, establishes in Regulation I/9, paragraph 7, that in prescribed cases of urgency, the Administration may permit a seafarer to work without a valid medical certificate until the next port of call where a medical practitioner recognized by the Party is available, provided that the period of such permission shall not exceed three months, and that the seafarer concerned is in possession of an expired medical certificate of recent date.
WHEREAS, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), 1978, as amended, establishes in Section A-I/9, paragraph 4, that medical fitness examinations of seafarers shall be conducted by experienced and duly qualified medical practitioners recognized by the Party; and that all Parties shall provision for the recognition of medical practitioners and maintain a register of recognized medical practitioners, which shall be made available to other Parties, companies, and seafarers on request.
WHEREAS, the National Institute of Aquatic Spaces shall issue the certificates of competency, licenses, endorsements, and certifications of proficiency to seafarers in accordance with national and international standards governing the matter, and the maritime medical certificate evidencing physical and mental fitness to perform the duties inherent to their respective functions on board ships must be presented to the National Institute of Aquatic Spaces.
WHEREAS, seafarers have suffered the collateral effects of the COVID-19 pandemic due to travel restrictions that have left thousands of seafarers stranded on board ships, or unable to join their workplaces on board, or to be repatriated to their homes.
WHEREAS, Decree No. 4,286, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 6,570 dated September 6, 2020, extends the State of Exception and Alarm throughout the National Territory, given the social circumstances that seriously endanger public health and the safety of the citizens residing in the Bolivarian Republic, so that the National Executive may adopt urgent, effective, and necessary measures for the protection and preservation of the health of the Venezuelan population.
DECIDES
- To recognize, for the issuance of certificates of competency, licenses, endorsements, and certifications of proficiency to seafarers, valid medical certificates issued by an experienced and duly qualified medical practitioner recognized by a State Party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), 1978, as amended, provided that the registration data of the recognized practitioner is available to other Parties for verification.
- Valid medical certificates issued by an experienced and duly qualified medical practitioner recognized by a State Party must contain, at a minimum, the medical information established in Regulation I/9, Section A-I/9 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), 1978, namely:
- Competent authority and the provisions governing the issuance of the document.
- Seafarer’s data.
- Name: (surname, given names)
- Date of birth: (day/month/year)
- Gender: (Male/Female)
- Nationality
- Declaration of the recognized medical practitioner.
- Confirmation that identification documents were checked at the point of examination: YES/NO
- Hearing meets the standards of section A-I/9: YES/NO
- Is hearing satisfactory without a hearing aid? YES/NO
- Visual acuity meets the standards of section A-I/9? YES/NO
- Colour vision* meets the standards of section A-I/9? YES/NO, plus the date of the last colour vision test.
- Fit for look-out duties? YES/NO
- Are there any limitations or restrictions on fitness? YES/NO, if “Yes”, specify details of limitations or restrictions.
- Is the seafarer free from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board? YES/NO
- Date of examination: (day/month/year)
- Expiry date of certificate: (day/month/year)
- Details regarding the issuing authority.
- Official stamp (including name) of the issuing authority
- Signature of authorized person
- Signature of the seafarer – I confirm that I have been informed of the content of this certificate and of the right to a review in accordance with paragraph 6 of section A-I/9.
- Medical certificates shall be drafted in the official language of the issuing country. If the language used is not Spanish or English, the text shall include a translation into the English language.
- The Aquatic Authority, through the General Management of Shipping of the Institute, shall ensure strict compliance with this Circular.
Please notify and disseminate the content of this Circular.
In Caracas, on the 19th day of the month of October 2020. Years 210°, 161°, and 21°.
ACTING PRESIDENT OF THE NATIONAL INSTITUTE OF AQUATIC SPACES
DAppointed pursuant to Decree No. 4,309 dated September 15, 2020
Official Gazette of the Bolivarian Republic of Venezuela No. 41,965 of the same date.
