Technical Circular No. 45 | 2016

Subject: Revised Guidance & instructions on the Bahamas implementation of Maritime Labour Convention, 2006 (MLC, 2006).

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  • The Bahamas Maritime Authority (BMA) has issued revised guidance and instructions on implementation of MLC, 2006 requirements vide its Information Bulletin No. 127 (Revision 4) dated 10th November 2016 and effective from 11th November 2016.
  • The following points are revised (text in Italics) under the above revised bulletin:

1. Clarification on ships constructed prior to 20 August 2013:

  • For ships constructed prior to 20 August 2013, the applicable accommodation standards will be The Merchant Shipping (Crew Accommodation) Regulations 1978, as amended.

2. Exemption process:

  • Any applications for the acceptance of an equivalency, exemption or exception from MLC 2006 requirements, other than structural requirements, shall be submitted to the BMA at the time of requesting the DMLC Part I.
  • Any request for exemption relating to structural matters for ships shall be submitted via the Recognised Organisation as outlined in BMA Information Bulletin no. 8.
  • Where a Title 3 (accommodation standard) exemption is granted to a ship constructed prior to 20 August 2013, this will not be recorded on the DMLC Part I.

3. Issuing of revised DMLC Part I on change of shipowner or financial provisions and introduction of Statement accepting financial security:

  • The shipowner shall apply to the BMA for the DMLC Part I, ensuring that a valid documentary evidence of financial security is provided with the application.
  • Where there has been a change of the means of financial security provider, or renewal of financial security as recorded on the initial DMLC Part I application form, the application form shall be used to declare the change and or renewal.
  • Subsequent to issuing the DMLC Part I and on an annual basis (or renewal of financial security) thereafter, the shipowner shall provide the BMA with documentary evidence of valid financial security.
  • The BMA will review the submitted information for MLC 2006 compliance and if accepted, the BMA will issue a Statement, valid for the same period as financial security, verifying that the financial security complies with the MLC 2006 provisions.This Statement should be maintained with the DMLC and Maritime Labour Certificate.
  • A revised DMLC Part I is not required for a change of ISM Manager unless the ISM Manager is the shipowner.

4. Fees:

  • An additional fee (professional fee as per BMA Information Bulletin no.81) will be charged for the review of any requested exemption or equivalence and review of financial security provisions. Where the same exemption or equivalency is requested for a number of ships under the same shipowner, the fee will be charged once.

5. Revision of format of DMLC Part I & DMLC Part II to incorporate 2014 amendments to MLC 2006:

  • The revised format of DMLC Part I is as per Appendix I of the BMA Information Bulletin No. 127.
  • The revised example format of DMLC Part II is as per Appendix II of the BMA Information Bulletin No. 127.

Enclosure:  

  1. BMA Information Bulletin No. 127.

Disclaimer:

This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person.
While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.

 

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