GUIDANCE ON ARRANGEMENTS BETWEEN PARTIES TO ALLOW FOR RECOGNITION OF CERTIFICATES UNDER REGULATION I/10 OF THE STCW CONVENTION
1 The Maritime Safety Committee, at its ninety-first session (26 to 30 November 2012), agreed that, in establishing or reviewing arrangements for the recognition of certificates under STCW regulation I/10, a written undertaking should be concluded between the Party which is to recognize the certificates (i.e. the Administration), and the Party which is issuing the certificates to be recognized (i.e. the certificate-issuing Party). In this respect, the Committee agreed that the following issues should be considered by Parties:
.1 identification of the Administration and the certificate-issuing Party;
.2 position, address and access information for the official in the Administration and for the official in the certificate-issuing Party who are designated to be directly responsible for implementing the undertaking;
.3 application of the undertaking;
.4 procedures to be followed by the Administration, subject to the consent of the certificate-issuing Party, when requesting an opportunity to visit the facilities, observe the procedures, or review the policies which have been approved or employed by the certificate-issuing Party for meeting the requirements of the STCW Convention (hereinafter "Convention") regarding:
.1 standards of competence;
.3 the issue, endorsement, revalidation and revocation of certificates;
.5 medical standards;
.6 quality standards; and
.7 communication and response process to requests for verifications; Clarification of transitional provisions relating to the 2010 Manila Amendments to the Convention and Code set out in the STCW.7/Circ.16 should be taken into account.
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.5 access by the Administration to the:
.1 results of quality standards evaluations conducted by the certificate-issuing Party in accordance with regulation I/8; and
.2 reports of the steps taken by the certificate-issuing Party to implement any subsequent amendments to the Convention and STCW Code (hereinafter "Code") in accordance with section A-I/7 of the Code;
.6 procedures to be followed by the Administration when verifying the validity or contents of a certificate issued by the certificate-issuing Party, and to resolve questions which may arise;
.7 procedures to be followed by the Administration in notifying the certificate-issuing Party when it has withdrawn or revoked its endorsement of recognition for disciplinary or other reasons;
.8 procedures to be followed by the certificate-issuing Party in promptly notifying the Administration of any significant changes in the arrangements for training and certification provided in compliance with the Convention, and the criteria to be used in determining what changes are to be considered "significant" for this purpose. At a minimum, significant changes should be understood to include:
.1 changes in the position, address or access information for the official responsible for implementing the undertaking;
.2 changes affecting the procedures set forth in the undertaking; and
.3 changes which amount to substantial differences from the information communicated to the Secretary-General pursuant to section A-I/7 of the Code;
.9 termination clauses; and
2 The undertaking should be signed by, or acknowledged and confirmed in writing by, an authorized official from the Administration and from the certificate-issuing Party.
3 This guidance is focused on bilateral arrangements but may also be reflected in a multilateral undertaking.
4 This guidance supersedes MSC/Circ.950 on "Guidance on arrangements between Parties to allow for recognition of certificates under STCW regulation I/10".
5 Member Governments and STCW Parties are invited to be guided accordingly and to bring this circular to the attention of all parties concerned.