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D. Dual Registry, Seafarers and Key International Conventions I. Article 3 of Law No. 8 of 1925 (first enacted Law on the Merchant Marine), as amended by Law No. 11 of 1973, allows a Vessels registered in Panama to fly (once the authorization of suspension by SHIP BUREAU is granted) another flag. This will allow the particular Vessel to obtain a second registration and/or Special Patent of Navigation from a third country or vice versa (DUAL REGISTRY). The third country engage in this operation, must have official reciprocity with Panama. This procedure of suspending the initial registration, is for a specific period of time, while the title and the mortgage remains in the main registry, is mostly used (bare boat out) by charters who need to trade within the same costal jurisdiction. II. To comply with International Treaties related to Seafarers, the administration enacted Resolution No. 614.-22 ALCN on February 21 of 1981 approving a procedure to issue certificates of competency to seafarers and awarded a concession for exams and for issuing the documents, to a private company. This concession was later revoke in 1990 and Ship Bureau took the responsibility to managed exams, convalidate and issue booklets (seamen) and certificate of competency (officers). Those applicants who have in the possession documents which prove their training and such documents are issued from accepted jurisdiction by the administration, convalidations will allow them to received, without exams, but within the rank of the documentation previous new certifications from Panama. In 1998, three Departments or Centers where established in the locations of the Consular Offices of New York, Manila and London and have remained authorized by Resolutions, to be along with SHIP BUREAU the entities which may convalidate applicants or issue Statutory seafarers documentation. III. With the enactment of Law No. 4 of May of 1992 the International Convention known as STCW was ratified. The administration has implemented the Convention and currently applies International standards and procedures for qualification of seafarers. IV. With the enactment of Law Decree No. 8 of February 26 of 1998, the work by Seafarers on the sea has been regulated. This Law complies with the International Conventions No.55 among others enacted by the International Labor Organization, ratified by Panama. This new legislation has allow the creation of two new Maritime Labor Courts. This new Law Decree does not applies to stevedores, nor does applies to activities related to the Panama Canal ( article 316 of the Constitution) and does not applies to work executed by students under the supervision of the Panama Nautical School. This important Law is in the process of been revised as the Supreme Court has declare various of its articles inconstitutional. V. On July 1, 2004, the International Ship and Port Facility Security (ISPS) came into a full force. This convention which, among others, amendment the International Convention for the Safety of the Life at Sea (SOLAS) 1974, created new sets of security regulations which are handled by the Security Department within the SHIP BUREAU with coordination with Classifier Societies, recognized by Panama. VI. The Panama Maritime Authority, through Seafarers Identity Documents Convention (revised) 2003 (No. 185) has approved to comply with the new security regulation as enacted by IMO. And by end of 2008, will require all holders of Seafarers documentation those change those Booklets of Certificate of Competency into a BIOMETRIC SYSTEM. The four mentioned Centers of Documentation will be authorized to delegate such procedures into particular Consulates and thereafter to recognized dlarge private entities or operators of liners, which will be able to amend directly such I.D. directly. |
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