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    Circular No. 039 of the year 2021. Sea Service on Merchant Ships.

    Bolivarian Republic of Venezuela

    Ministry of People’s Power for Transport
    National Institute of Aquatic Spaces

    CIRCULAR No 039/2021

    In the exercise of the powers conferred by Article 78, numerals 1 and 10 of the Decree with Rank, Value, and Force of the Organic Law of Aquatic Spaces, in accordance with Articles 73, numerals 1 and 2; 74, numerals 2, 3, 4, and 5 ejusdem, and as provided in Articles 273 and 276 of the Decree with Rank, Value, and Force of the Law of Marinas and Connected Activities; as well as Articles 42 of the Decree with Rank, Value, and Force of the Organic Law of Public Administration and 17 of the Organic Law of Administrative Procedures.

    CONSIDERING That, in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, to which the Bolivarian Republic of Venezuela is a party, States must verify that Seafarers possess the skills and competences in compliance with the law, and must promote education and training programs.

    CONSIDERING That, in accordance with the provisions of the Decree with Rank, Value, and Force of the Law of Marinas and Connected Activities, holders of certificates and licenses who aspire to obtain a higher certificate or license may apply for them, provided they prove that they have complied with the requirements demanded by law.

    CONSIDERING That it is a power of the National Institute of Aquatic Spaces, in the exercise of the Aquatic Authority and Administration, to issue endorsements for Seafarers’ certificates, for the purpose of their international validity, based on the model established in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

    CONSIDERING That the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, establishes in its Article VI that certificates for Masters, Officers or Ratings shall be issued to candidates who, to the satisfaction of the Administration, meet the requirements for service, age, medical fitness, training, qualification and examinations in accordance with the provisions of the annex to the Convention.

    CONSIDERING That the mandatory periods of sea service required by law are of paramount importance for the purpose of acquiring the skills, abilities, and training in the specific duties of an officer, which are necessary for the candidate to attain the level of competence required by law; and therefore, when properly planned and structured, they will allow for optimal levels to be reached in the development of the candidate’s training processes, for the purpose of acquiring and putting into practice the necessary skills with a view to the assessment of competence.

    CONSIDERING That the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, in its Article II, literal c), to which the Bolivarian Republic of Venezuela is a party, establishes that the calculation of periods of sea service shall include the period during which seafarers serve on board seagoing ships entitled to fly the flag of a Party, excluding from said calculation any time served on: Pleasure yachts not engaged in trade.

    This Office
    HEREBY DECIDES

    1. Candidates aspiring to qualify for Merchant Marine and Fishing Merchant Marine Certificates must complete the minimum required period of sea service on merchant ships.

    It is understood that, for the purpose of granting such certificates, time served on ships not engaged in trade shall not be validated.

    2. The General Management of the Marina shall be responsible for the monitoring, control, and execution of the provisions set forth in this Circular.

    Let this Circular be notified and disseminated by all available means.

    In Caracas, on the tenth (10th) day of the month of March 2021.

    ELADIO JIMÉNEZ RATTIA
    Acting President of the National Institute of Aquatic Spaces
    Decree No. 4,309 dated September 15, 2020
    Official Gazette of the Bolivarian Republic of Venezuela No. 41,965 of the same date.
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