In the exercise of the powers conferred under Article 78, numeral 1 of the Decree with Rank, Value, and Force of the Organic Law of Aquatic Spaces, in accordance with the provisions of Article 73, numerals 1 and 2; Article 74, numerals 3, 7, and 29 ejusdem, and as provided for in Articles 227 and 228 of the Decree with Rank, Value, and Force of the Law on Marinas and Connected Activities; and Article 17 of the Organic Law of Administrative Procedures.

This Office,

Article 1. The purpose of this Administrative Ruling is to establish the rules to regulate the inspections and audits of the Safety Management System (ISM Code) and the International Ship and Port Facility Security System (ISPS Code) for vessels, navigation accessories, mobile or fixed floating structures, offshore or inland drilling units, and the rendering of information thereon, as provided for in national legislation as well as in international conventions to which the Republic is a party, to preferentially serve the public and private fleet located in national waters.

Article 2. The following are subject to this Administrative Ruling:

Companies under the figure of Recognized Organizations or Recognized Security Organizations, certified and authorized by the National Institute of Aquatic Spaces, complying with the requirements of the law.

1.	Naval Inspectors, Radio Inspectors, and Naval Auditors of the Safety Management System (ISM Code) and the International Ship and Port Facility Security System (ISPS Code), certified and authorized by the National Institute of Aquatic Spaces.
2.
3.	Shipping companies and any natural or legal person who is an owner, shipowner, or operator engaged in the exploitation of vessels, navigation accessories, seaplanes, offshore drilling units, and other structures of any nature, class, and gross tonnage size, fixed to the seabed or floating and/or mobile.
4.	Vessels, navigation accessories, seaplanes, offshore drilling units, and other structures of any nature, class, and gross tonnage size, fixed to the seabed or floating and/or mobile flying the national flag operating in national, foreign waters, and on the high seas.
5.	Vessels, navigation accessories, seaplanes, offshore drilling units, and other structures of any nature, class, and gross tonnage size, fixed to the seabed or floating and/or mobile flying a foreign flag when operating within the aquatic space of the Bolivarian Republic of Venezuela, whether or not they are owned, chartered, and/or operated by Venezuelan legal person(s), or perform services for State enterprises under a special permit granted by the Aquatic Authority, as provided by law.
6.	Construccions, infrastructures, and fixed or floating installations of any nature, class, and gross tonnage size, located on the national coastal strip or whose elements depart from or arrive at it, and which by their nature must be subject to inspection or audit pursuant to the law.
7.	Other fixed, floating, and/or mobile structures of any nature, class, and gross tonnage size, that navigate or move through water and/or operate on the coastal strip.

Article 3. The Naval Inspectors, Radio Inspectors, and Naval Auditors duly certified and authorized by the Aquatic Authority are the only persons empowered to carry out inspections or audits of the Safety Management System (ISM Code) and the International Ship and Port Facility Security System (ISPS Code), who by virtue of their certification shall have their obligations, scope, and other performance details established, in order to guarantee the integrity and efficacy of the inspection or audit, which shall be determined in the Authorization issued to them by the Aquatic Authority.

Article 4. Every naval and/or radio inspection must be carried out in accordance with the provisions of the resolutions issued by the International Maritime Organization (IMO) regarding the guidelines for conducting surveys on vessels, including enhanced surveys and ship condition assessment schemes.

Article 5. Audits of the Safety Management System (ISM Code) and the International Ship and Port Facility Security System (ISPS Code) shall be executed under the criteria established by the International Codes and the resolutions regulating the matter.

Article 6. Recognized Organizations and Recognized Security Organizations may carry out naval inspections, radio inspections, audits of the Safety Management System (ISM Code), and audits of the International Ship and Port Facility Security System (ISPS Code), provided that they are duly authorized by the Aquatic Authority.

Article 7. Recognized Organizations and Recognized Security Organizations authorized by the Aquatic Authority shall fulfill their functions in accordance with the provisions of the International Maritime Organization (IMO) Code for Recognized Organizations (RO Code).

Article 8.
Recognized Organizations and Recognized Security Organizations authorized by the Aquatic Authority shall have the power to issue statutory certificates and provisional documents for a period not exceeding three (03) months.

Following this period, the Aquatic Authority shall be in charge of issuing the corresponding definitive certificates and documents, subject to the presentation of the inspection or audit reports, as appropriate.

Article 9.
Any shipping company, natural or legal person owner, shipowner, or operator referred to in Article 2, numeral 3 of this Administrative Ruling, may coordinate and directly select the naval inspector, radio inspector, naval auditor of the Safety Management System (ISM), naval auditor of the International Ship and Port Facility Security System (ISPS Code), Recognized Organization, or Recognized Security Organization, as appropriate, who is duly authorized, certified, and registered by the Aquatic Authority, to carry out an inspection or audit in accordance with national regulations and the Conventions regulating the matter to which the Republic is a party.

Article 10.
The Aquatic Authority will not accept reports from naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations who are not authorized, certified, or registered by it for such purpose, in which case the companies shall be solely responsible for any monetary expenses derived from the inspections or audits performed.

Article 11.
In the use of its attributes, the Aquatic Authority shall:

1.	Maintain a registry of all naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations, to guarantee users the publication and constant updating of information, indicating their contact details and specialty.
2.	Maintain a registry and control of the results of the inspections and audits carried out.
3.	Designate ex officio any naval inspector, radio inspector, and naval auditor of the Safety Management System (ISM Code) and the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations to perform functions inherent to their competence.
4.	Designate an official from the National Institute of Aquatic Spaces (INEA) so that, if deemed pertinent, they may accompany the inspector, auditor, or recognized organization as a measure of control and supervision for the correct functioning of inspection and audit management by each company.
5.	Carry out an annual review of the certification and authorization of all naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM) and the International Ship and Port Facility Security System (ISPS Code), through a follow-up program, refresher courses, and periodic evaluation tests in the areas in which they respectively operate.

Article 12. The responsibilities of naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations are as follows:

1.	Present the report resulting from their work to the contracting user within a period not exceeding eight (8) days, counted from the moment the inspection or audit has concluded.
2.	Guarantee and certify that the information reflected in the reports is reliable and sufficient for the issuance of the corresponding certificates or documents by the Aquatic Authority.
3.	Notify the Aquatic Authority of the details of the inspections or audits in accordance with the procedure established by the Maritime Safety Management of the National Institute of Aquatic Spaces (INEA) for such purpose.
4.	Report to the Aquatic Authority any situation of safety hazard or illegality detected in the exercise of their functions.
5.	Perform, if necessary, a follow-up on the outcome of the inspection, verification of corrective actions, and closure of non-compliances regarding maritime safety, radiocommunications, localization, emergency, and environmental pollution detected in their inspections or audits, duly justifying these actions in their respective reports.
6.	Specify the date on which the inspection or audit was carried out, which shall have a validity of no more than three (03) months from the date of its execution.
7.	Assume civil, criminal, or administrative liability for the data or opinions issued in their reports.

Article 13.
From the entry into force of this Administrative Ruling, the user and the inspector, auditor, Recognized Organization, or Recognized Security Organization, as the case may be, shall establish by mutual agreement the terms and conditions under which the payment, cost, location, time, as well as the type of inspection or audit to be performed, will be carried out, for which purpose they must sign an acceptance letter between the parties, which shall form an integral part of the inspection or audit report.

Article 14.
Once the user has contracted the service with the naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, or Recognized Security Organizations, they must immediately notify the Aquatic Authority through the electronic means it establishes for such purpose.

Article 15.
Once the inspection or audit has been carried out in accordance with the user’s requirements, the naval inspector, radio inspector, and naval auditor of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organization, or Recognized Security Organization shall proceed to issue the respective report in both physical and digital form, leaving the presentation of the corresponding application before the Aquatic Authority under the responsibility of the user for the issuance of the required certificates or documents.

Article 16.
The functions of naval inspector, radio inspector, or naval auditor of the Safety Management System (ISM Code) or the International Ship and Port Facility Security System (ISPS Code) may not be exercised by:

1.	Inspectors and Auditors who are not duly registered and authorized by the National Institute of Aquatic Spaces (INEA).
2.	Inspectors and Auditors who are partners and/or owners of the figures defined in Article 2, numerals 3, 4, 5, 6, and 7 of this Administrative Ruling.
3.	Inspectors and Auditors who are employees of shipowning companies or maritime agencies, when it concerns inspecting or auditing the figures defined in Article 2, numerals 3, 4, 5, 6, and 7 of this Administrative Ruling.
4.	Those who have a family relationship with the owners or partners referred to in the preceding numeral, within the fourth (4th) degree of consanguinity or second (2nd) degree of affinity.
5.	Those who are the subject of a criminal, civil, or administrative investigation by national authorities, or are subject to any judicial measure.
6.	Those who are the subject of any investigation by the Aquatic Authority by reason of the exercise of their functions.

This provision shall equally apply to Recognized Organizations and Recognized Security Organizations.

Article 17.
Non-compliance with the regulations established in this Administrative Ruling by naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations shall be sanctioned according to the provisions of the laws governing the matter.

Article 18.
Naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations who have been sanctioned on three (03) occasions shall have their authorization before the National Institute of Aquatic Spaces suspended.

Depending on the offenses committed, such suspension may be temporary or permanent.

Article 19.
The General Management of Marinas of the National Institute of Aquatic Spaces shall be responsible for analyzing the files of candidates to be incorporated into the roster of naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM), the International Ship and Port Facility Security System (ISPS Code), Recognized Organizations, and Recognized Security Organizations, which the Institute will authorize and certify to exercise their functions.

The Institute shall have the authority to analyze the projects of Recognized Organizations and Recognized Security Organizations so that they may act on behalf of the Aquatic Authority for the purposes for which they were authorized.

Article 20.
A Review Board is established, composed of five (5) representatives of the National Institute of Aquatic Spaces as follows: The Vice President of the Institute, who shall chair it, and representatives from the Managements of Maritime Safety, Naval Industry, Seafarers (Gente de Mar), and Legal Counsel, who shall have the right to speak and vote during its deliberations. The purpose of this Board shall be the knowledge and substantiation of administrative files derived from non-compliance with the provisions of the law.

In the evaluation of cases, the Review Board may support its deliberations with the opinion of naval inspectors, radio inspectors, and naval auditors of the Safety Management System (ISM) or the International Ship and Port Facility Security System (ISPS Code), as the case may be, who shall issue a technical statement on the fact under analysis, and during deliberations, they shall have the right to speak but not to vote.

In cases where an evaluation proceeding is being carried out by the Review Board against a naval inspector, radio inspector, or naval auditor of the Safety Management System (ISM) or the International Ship and Port Facility Security System (ISPS Code), Recognized Organization, or Recognized Security Organization for being involved in a non-compliance to which they are subject according to law, the Board shall substantiate the respective administrative file and present the recommendation report for the suspension of the respective authorization to practice while this process lasts.

In the event that their liability is not proven, they shall be enabled once again to exercise their functions.

Article 21.
In the event that the Aquatic Authority, following an administrative investigation by the Review Board or through any other legitimate means, verifies bad faith, willful misconduct (dolo), negligence, or any other analogous cause in the performance of a naval inspector, radio inspector, or naval auditor of the Safety Management System (ISM) or the International Ship and Port Facility Security System (ISPS Code), Recognized Organization, or Recognized Security Organization, it shall proceed to suspend the authorization to exercise functions on behalf of the Aquatic Authority.

The foregoing is without prejudice to the execution of any criminal actions before the competent authority that may correspond, as the case may be.

FINAL PROVISIONS

FIRST.
A period of thirty (30) days is established, counted from the entry into force of this Administrative Ruling, for the updating before the General Management of Marinas of the National Institute of Aquatic Spaces of the credentials and files of candidates for naval inspectors, radio inspectors, or naval auditors of the Safety Management System (ISM) or the International Ship and Port Facility Security System (ISPS Code), for the purposes of authorizations.

SECOND. From the entry into force of this Administrative Ruling, any procedure required to perform the services of naval inspections, radio inspections, or naval audits of the Safety Management System (ISM) or the International Ship and Port Facility Security…