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Antigua and Barbuda Merchant Shipping (Amendment) Act 2001

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and Barbuda Merchant 1 ANTIGUA
Shipping (Amendment) Act 2001. AND

BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

15th March, 200 1.

ANTIGUA AND BARBUDA

No. 1 of 2001

AN ACT to amend the Antigua and Barbuda Merchant Ship-
ping Act.

[ 22nd March, 200 1 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Antigua and Barbuda Mer- Short title.
chant Shipping (Amendment ) Act 200 1.

2. Section 5 of the Antigua and Barbuda Shipping Act Cap. Amendment of
28, in this Act referred to as the principal Act, is amended by Section 5.
deleting therefrom the definition of the following words -

"Near coastal trade, Near coastal tread ship, coastal ser-
vice, coastal trade of Antigua and Barbuda, coastal trade
ship, crew, restricted international service, certificate of
competency ."

3. The principal Act is amended in section 7 by inserting Amendment of
after subsection (4) the following - section 7.

ANTIGUA 2 The Antigua and Barbuda Merchant No. 1 of 2001.
AND Shipping (Amendment) Act 2001.

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"(5) The Director appointed under subsection (1) may,
after consultation with the Minister, issue directives for
the implementation of the Act."

Amendment of 4. Section 14 of the principal Act is amended in subsection
section 14. (2) by deleting the full stop and inserting immediately thereaf-

ter the following -

"so however that the passenger ships, RoRo passenger
ships, high-speed craft or hovercraft are not registered on
the International Ships Register of Antigua and Barbuda.

Amendment of 5. Section 61 of the principal Act is amended as follows -
section 6 1

(a) by renumbering section 61 as subsection (1) and
by inserting the following definitions in their al-
phabetical order -

"Administration Management System" means the
organizational structure, responsibilities, resources
and documented arrangements and procedures for
implementing Antigua and Barbuda's policies;

"ADOMS" means the Antigua and Barbuda Depart-
ment of Marine Services and Merchant Shipping;

"Appropriate certificate" means a certificate issued
and endorsed in accordance with the provisions of
the Convention and entitling the lawful holder
thereof to serve in the capacity and perform the func-
tions involved at the level of responsibility speci-
fied therein on a ship of the type, tonnage, power
and means of propulsion concerned while engaged
on the particular voyage concerned;

"Assistant engineer officer" means a person under
training to become an engineer officer and desig-
nated as such by national law or regulations;

"certificated" means properly holding a certificate;

"Certificate of Competency" means a valid docu-
ment, issued by or under the authority of an Ad-
ministration and recognised by this Administration,
authorising the holder to serve as stated in this docu-
ment or as authorised by national regulations;

No. 1 of 200 1. The Antigua and Barbuda Merchant 3 ANTIGUA
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"Certificate of Equivalent Competency", means a
document issued in accordance with Section 7 1 of
this Act;

"Chief Mate" means the officer next in rank to the
master and upon whom the command of the ship
will fall in the event of the incapacity of the master;

"Code" means the Seafarers' Training, Certifica-
tion and Watch keeping Code, as adopted by the
1995 Conference, resolution 2, as amended from
time to time;

"Company" means the owner of the ship or any
other organisation or person such as the manager
or the bare boat charterer who has assumed the re-
sponsibility for operation of the ship from the ship-
owner and who, on assuming such responsibility,
has agreed to take over all the duties and responsi-
bilities imposed on the company by these regula-
tions;

"Convention" means the Seafarers' Training, Cer-
tification and Watch keeping Convention, 1978, as
amended;

"Deck officer" means an officer qualified in accor-
dance with the provisions of Chapter I1 of the Con-
vention;

"Engineer officer" means an officer qualified in ac-
cordance with the provisions of Chapter 111 of the
Convention;

"Fishing vessel" means a vessel used for catching
fish, whales, seals, walrus or other living resources
of the sea;

"Function" means a group of tasks, duties and re-
sponsibilities as specified in the Code, necessary
for the ship operation, safety of life at sea or pro-
tection of the Marine Environment;

"International costal voyages" means voyages dur-
ing which the ship is never more than 50 nautical
miles off shore;

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AND Shipping (Amendment) Act 2001.

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"International voyages" means voyages worldwide;

"Management Level" means the level of responsi-
bility associated with:

serving as master, chief mate, chief engineer
officer or second engineer officer on board a
ship, and

ensuring that all functions within the desig-
nated area of responsibility are properly per-
formed;

"Near coastal voyages" means voyages from any
port or place in Antigua and Barbuda to any other
port or place in Antigua and Barbuda during which
the ship is never more than 30 nautical miles from
a safe haven in Antigua and Barbuda;

"Operational Level" means the level of responsi-
bility associated with:

serving as officer in charge of a navigational
or engineering watch or as designated duty
engineer for periodically unmanned machin-
ery spaces or as a radio operator on board a
seagoing ship, and

the designated area of responsibility in accor-
dance with proper procedures and under the
direction of an individual serving in the man-
agement level for that area of responsibility;

"Propulsion power" means the total maximum con-
tinuous rated output power in kilowatts of all the
ships main propulsion machinery which appears on
the ship's certificate of registry and other official
documents;

"Restricted international voyages" means voyages
during which the ship is never more than 200 nau-
tical miles off shore;

"RoRo passenger ship" means a passenger ship with
roro cargo spaces or special category spaces as de-
fined in the International Convention for the Safety
of Life at Sea 74 (SOLAS 74) as amended;

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"Seagoing ship" means a ship whicli does not navi-
gate exclusively in inland waters or in waters within,
or closely adjacent to, sheltered waters or areas
where port regulations apply;

"Second Engineer Officer" means the engineer of-
ficer next in rank to the chief engineer officer and
upon whom the responsibility for the mechanical
propulsion and the operation and maintenance of
the mechanical and electrical installations of the ship
will fall in the event of the incapacity of the chief
engineer officer;

"Support Level" means the level of responsibility
associated with performing assigned tasks, duties
or responsibilities on board a seagoing ship under
the direction of an individual serving in the opera-
tional or management level.

(b) by inserting after subsection (1) the following -

"(2) This section gives full effect to the
provisions of the International Convention on
Standards of Training, Certification and
Watch keeping for Seafarers, 1978 in com-
pliance with Antigua and Barbuda's obliga-
tion under the Convention.

(3) Until such time as Antigua and Barbuda
is able to establish mechanism for conduct-
ing national training or examination for sea-
farers or the issue of certificates in its own
right, it shall, as a policy, endorse certificates
issued by other Parties to the Convention and
recognized by Antigua and Barbuda and by
the International Maritime Organization un-
der the Convention.

(4) Valid certificates shall be determined
only in accordance and in compliance with
the requirements specified in this Act and
where the Administration issuing the certifi-
cate is recognized by Antigua and Barbuda.

(5) In compliance with the Convention, it
is hereby established a Management System
consisting of Administration Policy and Ob-
jective (APO) and Management Procedures
(AMP).

6. Section 62 of the principal Act is repealed and the follow- Amendment of
ing substituted - section 62.

ANTIGUA 6 The Antigua and Barbuda Merchant No. 1 of 2001.
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"Appropriate 62 (1) The Minister mav. having renard to
\ , . , u -

Certificates, criteria the Convention and amendments thereto,
and mandatory
minimum training make regulations for carrying out the matters .,
requirements. specified in the Schedule.

(2) The matters specified in the Schedule
are the appropriate qualifications, the criteria
and the mandatory minimum training require-
ments prescribed in the Convention and ap-
plicable to all seafarers employed on Antigua
and Barbuda registered ships in any of the
capacities referred to in the Schedule."

Amendment of
section 66.

7. Section 66(1) of the principal Act is amended as follows -

(a) by deleting the marginal note and subsection (1)
thereof and substituting the following -

"False (1)Where it appears to the
certificates Minister or to the Director or to

the Tribunal that a certificate or
document granted under this Act
was obtained on false or errone-
ous information, the Tribunal
may cancel, suspend or withdraw
such certificate or document in
accordance with the provisions of
section 269."

(b) by deleting subsection (2) and by renumbering sub-
sections (3) and (4) as subsections (2) and (3).

Amendment of 8. Section 67 of the principal Act is repealed and the follow-
Section 67. ing substituted -

"Responsibilities, 67. Antigua and Barbuda shall hold com-
panies, owners, masters and chief engineers
responsible for the assignment of seafarers for
service on their ships in accordance with the
provisions of the Convention, as amended,
and shall require that -

(i) each seafarer assigned to any of
its ships hold an appropriate cer-
tificate or endorsement of certifi-

No. 1 of 200 1. The Antigua and Barbuda Merchant 7 ANTIGUA
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cate in accordance with the pro-
visions of the Convention and as
implemented by ADOMS;

(ii) its ships are manned in conlpli-
ance with the applicable safe
manning certificate of ADOMS;

(iii) documentation and data relevant
to all seafarers employed on its
ships are maintained and readily
accessible, and include without
being limited to, documentation
and data on their experience,
training, medical fitness, and
competence in assigned duties;

(iv) seafarers, on being assigned to
any ship, are familiarised with
their specific duties and with all
ship arrangements, installations,
equipment, procedures and ship
characteristics that are relevant to
their routine or emergency duties;

(v) seafarers at the management level
shall have an appropriate knowl-
edge of the maritime legislation
of Antigua and Barbuda relevant
to the functions they are perrnit-
ted to perform. Antigua and
Barbuda shall, therefore, establish
appropriate measures to ensure
that seafarers who present, for
recognition, certificates issued
under the provisions of regula-
tions 1112, IIU2, or 11113, or issued
under VII11 at the management
level, as defined in the Code, have
an appropriate knowledge of such
maritime legislation.

(vi) such measures as are mentioned
in paragraph (v) above shall in-
clude requirements that such sea-
farers make a statutory declara-
tion that they have read and un-
derstood the relevant legislation,
and also that the legislation be
available on board ship;

ANTIGUA 8 The Antigua and Barbuda Merchant No. 1 of 200 1.
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(vii) the ship's complement can effec-
tively coordinate its activities in
an emergency situation and in
performing functions vital to
safety or the prevention, or miti-
gation, of pollution;

(viii) seafarers shall undergo
familiarisation concerning el-
ementary safety matters before
being assigned their duties;

(ix) more comprehensive training and
instruction in safety and emer-
gency matters shall be undertaken
by seafarers with designated
safety or pollution prevention
duties;

(x) rest periods in compliance with
the Code Section A-VIIII1 shall
be established and enforced as an
effective measure to prevent fa-
tigue on board Antigua and
Barbuda registered ships;

(xi) the ship's watch system be so ar-
ranged that the efficiency of all
watch-keeping personnel will not
be impaired by fatigue and that
the duties are so organized that
the first watch at the commence-
ment of a voyage and subsequent
relieving watches are sufficiently
rested and otherwise fit for duty."

Amendment of 9. Section 69 of the principal Act is repealed and the follow-
section 69. ing substituted -

"control (1) Ships, except warships, naval auxilia-
procedures. ries or other ships owned by Antigua and

Barbuda and engaged only on governmental
non-commercial service, fishing vessels, plea-
sure yachts not engaged in trade or wooden
ships of primitive build, shall be subject, while
in ports of Antigua and Barbuda, to control

No. 1 of 2001. The Antigua and Barbuda Merchant 9 ANTIGUA
Shipping (Amendment) Act 2001. AND

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by officers duly authorised by the Minister to
verify that all seafarers serving on board who
are required to be certificated by the Conven-
tion are so certificated or hold an appropriate
dispensation.

(2) Certificates mentioned in subsection (1)
shall be accepted unless there are clear
grounds for believing that a certificate has
been fraudulently obtained or that the holder
of a certificate is not the person to whom that
certificate was originally issued.

(3) In the event that any deficiencies are
found under subsection (1) or under the con-
trol procedures in accordance with Regula-
tion I14 of the Annex to the STCW Conven-
tion and AMPS 09 of the Antigua and
Barbuda MS, the officer carrying out the con-
trol shall forthwith inform in writing the mas-
ter of the ship and the Consul, or in his ab-
sence, the nearest diplomatic representative
or the maritime authority of that State whose
flag the ship is entitled to fly, so that appro-
priate action may be taken.

(4) The notification referred to in subsec-
tion (3) shall specify the details of the defi-
ciencies found and the grounds on which
Antigua and Barbuda determines that these
deficiencies pose a danger to persons, prop-
erty and the environment.

(5) In exercising control under subsection
(I), if, taking into account the size and type
of the ship and the length and nature of the
voyage, the deficiencies referred to in para-
graph (3) of Regulation I14 of the Annex to
STCW Convention are not corrected and it is
determined that these deficiencies pose a dan-
ger to persons, property or the environment,
Antigua and Barbuda shall ensure that the ship
does not sail unless and until these require-

ANTIGUA 10 The Antigua and Barbuda Merchant No. 1 of 2001.
AND Shipping (Amendment) Act 2001.

BARBUDA

ments are met to the extent that the danger has
been removed. The facts concerning the action
taken shall be reported promptly to the Secre-
tary General.

(6) When exercising control under this sec-
tion, all possible efforts shall be made to avoid
a ship being unduly detained or delayed. If a
ship is so detained or delayed the company
shall be entitled to compensation for any loss
or damage resulting thereform.

(7) This section shall be applied as may
be necessary to ensure that no more
favourable treatment is given to ships entitled
to fly the flag of a non-party than is given to
ships entitled to fly the flag of a Party to the
Convention."

Amendment of 10. Section 70 of the principal Act is repealed and the fol-
section 70. lowing substituted -

"Conduct of 70 (1) Trials or series of trials for purposes
trials. of experiments on Antigua and Barbuda reg-

istered ships are prohibited.

(2) Any person who contravenes the
provisions of subsection (1) commits an of-
fence and is liable on conviction to a fine not
exceeding ten thousand dollars."

11. Section 7 1 of the principal Act is repealed and the fol-
Amndment of lowing substituted -
section 71.

"Recognition of (1) Antigua and Barbuda may recognize a
Certificates issued certificate issued to a seafarer by or under the
abroad. authority of a foreign country whch is a Party

to the Convention if the Administration is
satisfied and has confirmed through neces-
sary measures that -

(a) the requirements of the Conven-
tion concerning standards of com-
petence, the issue and endorse-
ment of certificates and record
keeping have been fully complied
with; and

No. 1 of 2001. The Antigua and Barbuda Merchant 11 ANTIGUA
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(b) Antigua and Barbuda shall be
promptly notified of any signifi-
cant change in the arrangements
for training and certification as
provided by and in compliance
with the Convention.

(2) Where Antigua and Barbuda recog-
nizes a certificate pursuant to subsection (I),
the Administration shall endorse such a cer-
tificate to attest its recognition if it is satis-
fied that the requirements of the Convention
in subsection (1) (a) and (b) have been conl-
plied with.

(3) The endorsement, attesting the recog-
nition of a national certificate issued by a for-
eign country shall be in the form of a sepa-
rate document in accordance with section A-
V2 to the Code.

(4) A certificate issued under subsection
(1) is valid for a period of up to five years
from the date of issue and may be renewed
on application in accordance with the provi-
sions of subsection (1) and section 73.

(5) Antigua and Barbuda shall not recog-
nize any national certificate issued by a for-
eign country that has not ratified the STCW
Convention."

12. Section 73 of the principal Act is repealed and the fol- Repeal and
lowing substituted - substitution of

section 73.

"Revalidation of 73(1) The certificate of a master or other
Certificates. officer who has been issued with a certificate

under sections 62(1) and 71 shall not be valid
for sea-going service unless revalidated at
intervals not exceeding 5 years to establish
continued professional competence in accor-
dance with section A-Ill 1 of the Code.

ANTIGUA 12 The Antigua and Barbuda Merchant No. 1 of 2001.
AND Shipping (Amendment) Act 2001.

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(2) A certificate of a category referred to
in section 62(4) shall not be valid for seago-
ing service unless, it has been revalidated, at
intervals not exceeding 5 years, to establish
continued professional competence in accor-
dance with section A-111 1 of the Code.

(3) Every master and officer shall, for con-
tinuing seagoing service on ships referred to
in section 62(5), successfully complete ap-
proved refresher training at intervals speci-
fied by the certificate issuing Party.

(4) Certificates issued in accordance with
the provisions of the Convention in force im-
mediately prior to 1st February 1997, shall
be valid for sea service until 1st February,
2002."

Repeal and 13. Section 76 of the principal Act is repealed and the fol-
substitution of lowing substituted -
section 76.

"Transitional 76. (1) Any certificate, licence, endorse-
PrGvisiOns and ment or standard of competency and train-
Commencement

ing requirement that was granted, issued or
satisfied pursuant to the Convention appli-
cable prior to 1st February 1997 to any sea-
farer who commenced approved seagoing
service, education and training programme
or training course before 1st August 1998,
shall be accepted as equivalent to the cer-
tificates, endorsements, appropriate certifi-
cates, standard of competency or training
obtained under this Act.

(2) The relevant rules and procedures pre-
scribed in the Antigua and Barbuda Manage-
ment System shall apply to such certificates,
endorsement, appropriate certificates and
standards of competency or training.

(3) The certificates, endorsement or stan-
dard of competency and training referred to

No. 1 of 2001. The Antigua and Barbuda Merchant 13 ANTIGUA
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in subsection (1) shall remain valid until the
31st January, 2002."

14. Section 134 of the principal Act is amended by the dele- Amendment of
tion of subsection (2) and the substitution of the following - section 134.

(2) The master or the person in charge of a ship who
fails, without reasonable cause to comply with the provi-
sions of this section commits an offence and if he is a
certificated seafarer, an inquiry into his conduct may be
held and any certificate issued by Antigua and Barbuda
may be cancelled, suspended or withdrawn.

15. Section 264 of the principal Act is repealed and the sec t ion 264 re-
following substituted -

"Power to cancel, (1) Any Certificate, except a certificate
suspend and issued under the STCW Convention, which
withdraw
certificates except is issued by Antigua and Barbuda, to any
certificates issued seafarer may be cancelled, suspended or
under the STCW withdrawn by a court making an investiga-
Convention. tion or inquiry under this Part if it finds that . .

the seafarer is incompetent or has been
guilty of an act of gross misconduct or in
case of collision has failed to render such
assistance or give such information as re-
quired by section 134 or that loss, abandon-
ment or standing of, or serious damage to,
any ship has been caused by his wrongful
act or default.

(2) Where any case before a Judge of the
High Court involves a question of the can-
cellation, suspension or withdrawal of a cer-
tificate under subsection (I), the Judge shall,
at the conclusion of the case or as soon there-
after as possible, deliver his decision on the
question before it in an open sitting of the
Court.

pealed and re
pealed

(3) The Judge shall, in all cases, send a
full report of the case with the evidence to

ANTIGUA 14 The Antigua and Barbuda Merchant No. 1 of 2001.
AND Shipping (Amendment) Act 2001.

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the Minister, and shall, if he cancels, suspends
or withdraws any certificate under subsection
(I), send the certificate to the Minister with
the report.

(4) A certificate shall not be cancelled, sus-
pended or withdrawn by a court under sub-
section (I), unless a statement of the case in
respect of which the investigation is ordered
is furnished to the holder of the certificate
before the commencement of the investiga-
tion.

(5) Where it appears to the court that, hav-
ing regard to the circumstances of the case,
an order for cancellation, suspension or with-
drawal of a certificate under subsection (1) is
not justified, the judge may make an order
censuring the seafarer in respect of his con-
duct.

Repeal of section 16. Section 269 of the principal Act is repealed and the fol-
269. lowing substituted -

"Power to cancel, (1) Any certificate issued in accordance
suspend or with section 71 or section 72 may be can-
withdraw a
certificate.

celled, suspended or withdrawn for a speci-
fied period by the Tribunal established under
this section in the following cases -

(a) if, on any investigation or inquiry
made by any court, tribunal or
other authority for the time being
authcrised by the legislative au-
thority in any country outside
Antigua and Barbuda and the
court, tribunal or other authority
reports that the seafarer is -

(i) incompetent or has been
guilty of any act of gross

No. 1 of 2001. The Antigua and Barbuda Merchant 15 ANTIGUA
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misconduct or drunkenness
or tyranny; or

(ii) in the case of collision has
failed to render assistance
or give such information as
is referred to in Part V; or

(iii) the loss, stranding or aban-
donment or damage to any
ship, or loss of life, has
been caused by his wrong-
ful act or default; or

(b) if the seafarer is proved to have
been convicted -

(i) of any offence under this
Act or of any non-bailable
offence committed under
any other law for the time
being in force in Antigua
and Barbuda; or

(ii) of an offence committed
outside Antigua and
Barbuda which if conunit-
ted in Antigua and Barbuda
would be a non-bailable
offence.

(2) The Minister shall for the purposes of
this section establish a Tribunal consisting of
such number of persons as the Minister may
determine.

(3) A Tribunal established under subsec-
tion (2) shall have the power -

(a) to investigate, inquire and hear
complaints made to it in respect
of certificates issued under this
Act;

(b) to cancel, suspend or withdraw

ANTIGUA 16 The Antigua and Barbuda Merchant No. 1 of 200 1.
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certificates issued under section
7 1 or section 72.

SCHEDULE

Appropriate Certificates, Criteria and Mandatory Minimum

Training Requirements Prescribed by the Convention.

(1) Qualification as an officer

A person is qualified as an officer for the purpose of this section if as an officer
he holds a certificate of competency, or a certificate treated as equivalent under
the provisions of section 76 in one of the following capacities:

(a) (i) master

(ii) chief mate, or

(iii) officer in charge of a navigational watch, or

(b) (i) chief engineer officer

(ii) second engineer officer, or

(iii) engineer in charge of an engineering watch

(c) radio operator

(2) Appropriate Certificates

Any officer serving in the capacity set out in column one of the table below
shall hold an appropriate certificate for that capacity. A person shall be en-
titled to be issued with such an appropriate certificate only if he complies
with the criteria in regulations annexed to the Convention, and specified in
column two of the table in relation to that entry, and other requirements specifed
and laid down in the relevant rules and procedures of the Antigua and Barbuda
Management System.

No. 1 of 2001. The Antigua and Barbuda Merchant 17 ANTIGUA
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Table of Criteria for appropriate Certificates

Column I Column 2
Master and Deck Department Regulation annexed to STCW Convention

Officer in charge of a navigational watch Regulation 1111.2
on any ship of 500 GT or more.

Master or chief mate on a ship of 3000 GT Regulation 1112.2
or more.

Master or chief mate on a ship between Regulation IV2.4
500 GT and 3000 GT.

Officer in charge of a navigational watch Regulation 1113.4
on a ship of less than 500 GT engaged on
near coastal or international coastal voyages.

Master on a ship of less than 500 GT Regulation 1113.6
engaged on near coastal or international
coastal voyages.

Column 1 Column 2
Engine Department Regulations annexed to STCW Convention

Officer in charge of an engineering watch Regulation 11111.2
in a manned engine room, or designated
duty Engineer officer in a periodically un-
manned engine room, on a ship powered
by main propulsion machinery of 750 kW
propulsion power or more.

Chief engineer officer or second engineer Regulation 11112.2
officer on a ship powered by main propulsion
machinery of 3000 kW propulsion power
or more.

Chief engineer officer and second engineer Regulation 11113.2
officer on a ship powered by main Propulsion
machinery of between 750 and 3000 kW
propulsion power.

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(3) ADOMS shall issue a "Safe Manning Certificate" to each ship according
to the standards prescribed by the Convention and IMO Resolution A.890 (21).

The grades and numbers of personnel listed in the Safe Manning certificate,
shall reflect the minimum level of manning necessary for the safety of navigation
and operation. Additional personnel as may be necessary for maintenance, cargo
handling or watchkeeping are the responsibility of the company, master and chief
engineer.

(4) Seafarers at the support level and holders of other qualifications

(a) Every seafarer at the support level forming part of a navigational watch
on a ship of 500 GT or more, other than seafarers at the support level
under training and seafarers at support level whose duties while on
watch are of an unskilled nature, shall hold a certificate issued in
accordance with Regulation IU4.2 of the Convention, by an Admin-
istration, the certificates of which are recognized by Antigua and
Barbuda.

(b) Every seafarer at the support level forming part of an engine room
watch or designated to perform duties in a periodically unmanned
engine room on a ship powered by main propulsion machinery of
750 kW propulsion power or more, other than seafarers at the support
level under training and seafarers at the support level whose duties
are of an unskilled nature, shall hold a certificate issued in accor-
dance with Regulation 11114.2 of the Convention, by an Administra-
tion, the certificates of which are recognized by Antigua and Barbuda.

(c) The qualifications of seafarers serving on vessels under 500 GT and
powered by main propulsion machinery of 350 kW or more, but less
than 750 kW shall be specified by the Director.

( 5 ) Radio-personnel on GMDSS ships

(a) Every person in charge of, or performing, radio duties on a ship re-
quired to participate in the GMDSS, shall hold an appropriate certifi-
cate issued under the relevant provisions of the Convention, and the
Radio Regulations, by an Administration, the certificates of which
are recognized by Antigua and Barbuda.

(b) Every seafarer for service on a ship which is required by the Interna-
tional Convention for the Safety of Life at Sea, 1974, as amended, to
have a radio installation shall:

(i) be not less than 18 years of age, and

No. 1 of 200 1. The Antigua and Barbuda Merchant 19 ANTIGUA
Shipping (Amendment) Act 2001. AND

BARBUDA

(ii) have completed approved education and training and meet the
standard of competence specified in Section A-IVl2 of the Code.

(6) Mandatory minim~~m requirements for the training and qualification of
masters, officers and seafarers at the support level on tankers

(a) Officers and ratings assigned specific duties and responsibilities re-
lated to cargo or cargo equipment on tankers shall hold a certificate
or documentary evidence of training issued in accordance with Sec-
tion A V11 paragraphs 2 - 7 of the Code, by an Administration, the
certificates of which are recognized by Antigua and Barbuda.

(b) Masters, chief engineer officers, chief mates, second engineer offic-
ers and any person with immediate responsibility for loading, dis-
charging and care in transit, or handling of cargo on board oil tank-
ers, shall hold a certificate or documentary evidence of training is-
sued in accordance with Section A V11 paragraphs 8 - 14 of the Code,
by an Administration, the certificates of which are recognized by
Antigua and Barbuda.

(c) Masters, chief engineer officer, chief mates, second engineer officers
and any person with immediate responsibility for loading, discharg-
ing and care in transit, or handling of cargo on board chemical tank-
ers, shall hold a certificate or documentary evidence of training is-
sued in accordance with Section A-V11 paragraphs 15 - 21 of the
Code, by an Administration, the certificates of which are recognized
by Antigua and Barbuda.

(d) Masters, chief engineer officer, chief mates, second engineer officers
and any person with immediate responsibility for loading, discharg-
ing and care in transit, or handling of cargo on board liquefied gas
tankers, shall hold a certificate or documentary evidence of training
issued in accordance with Section A-V11 paragraphs 22 - 34 of the
Code, by an Administration, the certificates of which are recognized
by Antigua and Barbuda.

(7) Mandatory minimum requirements for familiarization, basic safety train-
ing and instruction for all seafarers.

All seafarers shall receive familiarization and basic safety training or instruc-
tion in accordance with Section A VI11 of the Code and shall meet the appropri-
ate standard of competence specified therein.

ANTIGUA 20 The Antigua and Barbuda Merchant No. 1 of 2001.
AND Shipping (Amendment) Act 2001.

BARBUDA

(8) Mandatory minimum requirements for certificates of proficiency in sur-
vival craft, rescue boats and fast rescue boats issued under the relevant provisions
of the Convention, by an Administration, the certificates of which are recognized
by Antigua and Barbuda.

(a) Every person designated to launch or take charge of survival craft or
rescue boats other than fast rescue boats shall hold a certificate of
proficiency issued under the provisions of Regulation VI/2 paragraph
of the Annex of the Convention by an Administration, the certificates
of which are recognized by Antigua and Barbuda.

(b) Every person designated to launch or take charge of a fast rescue boat
shall hold a certificate of proficiency issued under the provisions of
Regulation VI/2 paragraph 2 of the Annex of the Convention by an
Administration, the certificates of which are recognized by Antigua
and Barbuda.

(9) Mandatory minimum requirements for training in advanced fire fighting

(a) Seafarers designated to control fire-fighting operations shall have suc-
cessfully completed advanced training in techniques for fighting fire
with particular emphasis on organisation, tactics and command in
accordance with the provisions of Section A VU3 of the Code and
shall meet the standard of competence specified therein.

(b) Where training in advance fire fighting is not included in the certifi-
cate of the seafarer, the seafarer must be furnished with a special
certificate or documentary evidence, as appropriate, issued in accor-
dance with the provisions of Section-A-VU3 of the Code, by an Ad-
ministration, the certificates of which are recognized by Antigua and
Barbuda.

(10) Mandatory requirements relating to Medical First Aid and Medical Care

(a) Seafarers designated to provide medical first aid on board ship shall
meet the standard of competence in medical first aid specified in Sec-
tion A-VI/4, paragraphs 1 to 3 of the Code.

(b) Seafarers designated to take charge of medical care on board ship
shall meet the standard of competence in medical care on board ships
specified in Section A-VI/4, paragraphs 4 to 6 of the Code.

(c) Where training in medical first aid or medical care is not included in
the certificate of the seafarer, the seafarer must be furnished with a

No. 1 of 2001. The Antigua and Barbuda Merchant 21 ANTIGUA
Shipping (Amendment) Act 2001. AND

BARBUDA

special certificate or documentary evidence, as appropriate, issued in
accordance with the provisions of Section A-V114 of the Code by an
Administration, the certificates of which are recognized by Antigua
and Barbuda.

Passed the House of Representatives Passed the Senate this 12th day
this 1st day of March, 2001. of March, 200 1.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Governrnent Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2001.
800-3 .O 1 [Price $8.201