16285-new Mlc Nvic 2-13

2703 Martin Luther King Jr Ave SE
Stop 7501
Washington, DC 20593-7501
Staff Symbol: CG-CVC
Phone: (202) 372-1224

Commandant
United States Coast Guard

COMDTPUB P16700.4
NVIC 02-13
NAVIGATION AND VESSEL INSPECTION CIRCULAR (NVIC) NO. 02-13
Subj: GUIDANCE IMPLEMENTING THE MARITIME LABOUR CONVENTION, 2006
Ref:

(a) Maritime Labour Convention, 2006
(b) Information and Life Cycle Management Manual, COMDTINST M5212.12 (series)

1. PURPOSE. This NVIC is intended to provide guidance for Coast Guard marine inspectors,
Recognized Classification Societies (RCS) that are authorized to issue international
convention certificates on behalf of the Coast Guard, and U.S. vessel owners/operators on the
U.S. laws and regulations, or other measures, conforming to the provisions of Reference (a).
Through this NVIC, the Coast Guard is establishing a voluntary inspection program for
vessel owners/operators who wish to document compliance with the U.S. laws, regulations,
or other measures, conforming to the requirements of the Maritime Labour Convention, 2006
(MLC). United States commercial vessels that operate on international routes, meaning those
ships that will enter the ports of countries that are parties to the MLC, are encouraged to
participate.
2. ACTION. All Coast Guard unit commanders, commanding officers, officers-in-charge,
deputy/assistant commandants, chiefs of headquarters staff elements, and participating
personnel shall ensure that the provisions of this circular are followed. Internet release is
authorized.
3. DIRECTIVES AFFECTED. None.
4. BACKGROUND.
a. The 94th (Maritime) Session of the International Labour Conference (ILC) (Geneva,
February 2006) adopted the MLC, an important new international agreement that
consolidates almost all of the 70 existing International Labour Organization (ILO)
maritime labour instruments into a single modern, globally-applicable legal instrument.
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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

The MLC establishes comprehensive minimum requirements for working conditions of
seafarers, including conditions of employment, hours of work and rest, accommodations,
recreational facilities, food and catering, health protection, medical care, welfare, and
social security protection. It combines rights and principles with specific standards and
detailed guidance as to how to implement these standards at the national level. The
Convention comprises three different, but related, parts: the Articles, the Regulations, and
the Code. The Articles and the Regulations set out the core rights and principles and the
basic obligations of members ratifying the Convention. The Code contains the details for
the implementation of the Regulations. The Code comprises Part A (mandatory
standards) and Part B (non-mandatory guidelines).
b. The MLC provides a large measure of flexibility to ratifying countries as to how they will
implement its provisions under Part A. The major areas of flexibility in the MLC
include—
(1) Unless specified otherwise in the Convention, national implementation may be
achieved through national laws or regulations, through collective bargaining
agreements, or through an already established industry practice;
(2) Implementation may also be achieved through measures that are considered
“substantially equivalent” to the MLC standards, provided the implementing country
satisfies itself that the relevant legislation or other implementing measure achieves
the general object and purpose of the pertinent provisions in the Convention;
(3) In certain circumstances, the application of details in the Code may be relaxed for
some smaller vessels; and
(4) While all vessels covered by the Convention must be inspected for compliance with
its requirements, flag-State administrations are not required to certify and provide
documentation for vessels less than 500 gross tonnage.
5. DISCUSSION.
a. The MLC enters into force on 20 August 2013. It requires certain vessels flagged by
ratifying countries to maintain a valid MLC certificate issued by their flag administration.
As of the effective date of this NVIC, the United States has not ratified the MLC. Until
such time that the United States ratifies the MLC, the Coast Guard cannot mandate
enforcement of its requirements for U.S. vessels or for foreign vessels while operating on
the navigable waters of the United States. However, Article V, Paragraph 7, of the
Convention contains a “no more favorable treatment clause” that requires ratifying
governments to impose Convention requirements on all vessels—even those from a nonratifying government—when calling on their ports. As a result, U.S. vessels that cannot
demonstrate compliance with the MLC may be at risk for Port State Control actions,
including detention, when operating in the port of a ratifying nation. The MLC page on
the ILO’s website provides a comprehensive source of information about the Convention,
including a complete list of ratifying countries, inspection guidelines (Guidelines for Flag
State Inspections and for Port State Inspections), relevant news concerning the
Convention, and electronic copies of the Convention for free download. The MLC page
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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

can be found under the “Labour Standards” tab on the ILO’s main website (www.ilo.org).
Vessel owners or operators should review the ILO’s list of ratifying countries to
determine if they may be impacted during a foreign voyage.
b. The MLC requires owners/operators of vessels 500 gross tonnage or more as measured
under the convention measurement system, hereafter "GT ITC,” to demonstrate that the
working and living conditions on board the vessel are in keeping with the Convention
requirements, and to maintain compliance certificates. The Coast Guard intends to issue
a Statement of Voluntary Compliance-Maritime Labour Convention (SOVC-MLC)
certificate to U.S. flagged-vessels demonstrating compliance with the U.S. laws and
regulations or other measures conforming to the MLC requirements. Thus, the
owner/operator of an applicable U.S. vessel, while not required to possess a SOVC-MLC,
may obtain one.
c. This NVIC contains a summary of applicable U.S. laws and regulations and other
measures meeting the requirements of the Convention. Where the United States has
satisfied itself that certain laws and regulations or other measures are conducive to the
achievement of the general objective of the specific provision, this NVIC specifies where
such substantial equivalency is used. This NVIC underwent a public comment period
during which the Coast Guard received comments from concerned seafarers and owner or
operator organizations.
d. Through the promulgation of this NVIC, the Coast Guard is requesting Recognized
Classification Societies (RCS) to conduct MLC compliance inspections and issue SOVCs
at the request of vessel owners/operators. The RCS have the training and resources
available to carry out inspections consistent with the MLC. The Coast Guard does not
intend to conduct voluntary MLC inspections for vessels that are classed and can obtain
this inspection from their respective RCS. Vessel owners/operators should contact their
RCS to schedule a MLC compliance inspection. The RCS should use the guidance
outlined in Enclosure (1) when conducting compliance inspections. For inspections
conducted by the Coast Guard, Officers in Charge, Marine Inspection (OCMIs) shall
direct their staffs to use the guidance in Enclosure (1) when conducting voluntary
inspections on applicable U.S. vessels for the issuance of a SOVC-MLC. Enclosure (2)
to this NVIC also includes the definitions of “seafarer,” “ship”, and “shipowner”, for the
purpose of the MLC.
e. United States vessels that are unable to demonstrate compliance with the MLC may be
subject to Port State Control (PSC) actions when engaged on international voyages to
countries that have ratified the MLC. Through receipt of an SOVC-MLC, a vessel is
recognized by the United States as being “certified” to the standards of the MLC.
However, foreign Port State Authorities are not obligated to accept the SOVC-MLC as
prima facie evidence of compliance. Therefore, owners or operators should ensure that
they are able to demonstrate to PSC Authorities the compliance measures they have put
in place for their vessels. To better manage inspection resources, OCMIs should focus
inspections on vessels that routinely operate in the ports of MLC-ratifying nations.

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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

f. Specific vessel applicability:
(1) Vessels 500 GT ITC or more engaged on International Voyages. United States
commercial vessels of 500 GT ITC or more that engage on international voyages
may be “certified” and demonstrate compliance with the U.S. laws and regulations,
or other measures, conforming to the MLC requirements through possession of a
SOVC-MLC, which is in keeping with Regulation 5.1.3 of the Convention.
(2) Vessels less than 500 GT ITC engaged on International Voyages. United States
commercial vessels, including uninspected commercial vessels, less than 500 GT
ITC that engage on international voyages to ports of MLC-ratifying nations may also
be required to demonstrate compliance with the U.S. laws and regulations or other
measures conforming to the requirements of the MLC. The Convention does not
require these vessels to be issued compliance certificates. However, it is
recommended that these vessels voluntarily comply with the requirements of the
MLC and develop their own Declaration of Maritime Labour Compliance (DMLC).
See Enclosure (1) for further details.
(3) Vessels exclusively operating on the inland waters of the United States are excluded
from the provisions of the MLC based on the definition of a vessel in Article II (1)(i)
of the Convention. For the purpose of the MLC, the United States will also consider
the Great Lakes and the waters east of the Juan de Fuca Strait as inland waters.
Therefore, vessels navigating exclusively in these areas will be exempt from the
requirements of the MLC.
(4) Until such time that the United States ratifies the MLC, vessels that don’t operate in
ports of MLC-ratifying nations are not required to be in compliance with the
Convention. However, owners/operators of these vessels who would like to obtain
an SOVC should request an MLC inspection from an RCS as part of a regularly
scheduled survey, or from the Coast Guard as part of their inspection for
certification.
(5) The Coast Guard is partnering with Transport Canada to develop a Memorandum of
Understanding (MOU) that would allow for the recognition of the national laws and
regulations of each country as providing substantial compliance with the
requirements of the MLC. It is envisioned that under the MOU, certain vessels
operating exclusively between ports in the United States and Canada would not be
required to undergo an MLC inspection or prepare and maintain a declaration, and
would not need to be issued voluntary compliance certificates to demonstrate
compliance with the MLC. See Enclosure (1) for further details.
g. The MLC specifies 14 areas that are subject to a mandatory compliance for certification
and the issuance of compliance certificates. The areas that must be inspected and
certified as meeting the requirements of U.S. laws and regulations or other measures
conforming to the MLC are—
(1)

Minimum age (Regulation 1.1)
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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)

Medical certification (Regulation 1.2)
Qualifications of seafarers (Regulation 1.3)
Use of any licensed or certified or regulated private recruitment and placement
services (Regulation 1.4)
Seafarers’ employment agreements (Regulation 2.1)
Payment of wages (Regulation 2.2)
Hours of work and rest (Regulation 2.3)
Manning levels for the ship (Regulation 2.7)
Accommodation (Regulation 3.1)
Onboard recreation facilities (Regulation 3.1)
Food and catering (Regulation 3.2)
Onboard medical care (Regulation 4.1)
Health and safety and accident prevention (Regulation 4.3)
Onboard complaint procedures (Regulation 5.1.5)

h. The possession of a SOVC-MLC, form number CG-16450 (see example; Enclosure (3)),
provides prima facie evidence that the vessel is in compliance with the U.S. laws and
regulations or other measures conforming to the Convention requirements. The format of
the SOVC-MLC certificate is consistent with the sample MLC certificate provided in the
Code and will be supplemented with a Statement of Voluntary Compliance-Declaration
of Maritime Labour Compliance (SOVC-DMLC). The SOVC-DMLC is a unique twopart form that must be completed by the Coast Guard or RCS and the vessel
owner/operator. The MLC requires that, once issued, the SOVC-MLC and SOVCDMLC must be posted on the vessel in a conspicuous place available to the seafarers.
Each RCS should develop its own versions of the SOVC-MLC and Part I of the SOVCDMLC. The following paragraphs provide additional details:
(1) The SOVC-MLC is issued by the Coast Guard or an RCS.
(2) The SOVC-DMLC Part I, form number CG-16450B, is prepared by the Coast Guard
and references current U.S. laws, regulations, or other measures conforming to the
Convention requirements. As previously stated, the RCS should develop their own
version of the SOVC-DMLC Part I. Through this NVIC the Coast Guard is
requesting the RCS to sign its own version of the SOVC-DMLC Part I on its behalf.
The information required in SOVC-DMLC Part I must conform to the template in
Enclosure (4). Any changes to the content of the SOVC-DMLC Part I must be
approved by the Coast Guard. See Enclosure (1) for further details.
(3) The SOVC-DMLC Part II (see template in Enclosure (5)) must be prepared by the
vessel owner/operator. This format follows that of the DMLC Part II provided in the
Convention. It should document the measures put in place to ensure ongoing
compliance with the requirements of the SOVC-DMLC Part I. A template for the
SOVC-DMLC Part II is also available for free download on the Coast Guard’s
Homeport website under the Domestic Vessels/Domestic Vessel General tab. Once
the SOVC-DMLC Part II is prepared, the Coast Guard or RCS will review the
measures drawn up by the vessel owner/operator and, following a successful
inspection, endorse Part II of the SOVC-DMLC.
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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

6. DISCLAIMER. The guidance in this NVIC is not a substitute for applicable legal
requirements, nor is it, in itself, a regulation. It neither imposes nor intends to impose legallybinding requirements on any party. It represents the Coast Guard’s current thinking on this
topic and may assist industry, mariners, the general public, and the Coast Guard, as well as
other federal and state regulators, in applying statutory and regulatory requirements. You
may use an alternative approach for complying with the MLC if you determine that the
approach will satisfy the requirements of the applicable provisions within the Convention,
although this will not exempt you from complying with applicable United States law and
regulations. If you want to discuss an alternative approach (you are not required to do so),
you may contact the local Coast Guard OCMI who is responsible for implementing this
guidance.
7. QUESTIONS. Questions or concerns regarding this policy may be directed to Commandant
(CG- CVC-1) at (202) 372-1224, or CG-CVC-1@uscg.mil.
8. RECORDS MANAGEMENT CONSIDERATIONS. This NVIC has been thoroughly
reviewed during the directives clearing process, and it has been determined that there are
records scheduling requirements, in accordance with Reference (b).
9. ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS. Environmental
considerations under the National Environmental Policy Act (NEPA) were examined in the
development of this Instruction. This Instruction included preparation of guidance
documents that implement, without substantive change, the applicable Commandant
Instruction or other federal agency regulations, procedures, manuals, and other guidance
documents. It is categorically excluded from further NEPA analysis and documentation
requirements under Categorical Exclusion (33) as published in COMDTINST M16475.1
(series), Figure 2-1. An Environmental Checklist and Categorical Exclusion Determination
are not required.
10. FORMS/REPORTS. Use of the forms enclosed with this NVIC is voluntary.

JOSEPH A. SERVIDIO
Rear Admiral, U.S. Coast Guard
Assistant Commandant, Prevention Policy

Enclosures:

(1)
(2)
(3)
(4)
(5)
(6)

MLC Inspection Guidelines for U.S. Commercial Vessels on International
Voyages
Definitions
SOVC-MLC
SOVC-DMLC Part I
SOVC-DMLC Part II Template
Owner/Operator Declaration of Maritime Labour Compliance
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NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-13

(7)
(8)

SOVC-IMLC
Hazardous work and consideration on Health and Safety Issues for Seafarers
under the age of 18
(9) Guidelines for Ships Cook Competency
(10) Guidelines for On Board Complaints Procedures
(11) USCG MLC Inspection Report

7

Enclosure (1) to NVIC 02-13

Maritime Labour Convention, 2006
Inspection Guidelines for U.S. Commercial Vessels on International Voyages
1. General:
a. The Maritime Labour Convention, 2006 (MLC) is intended to help achieve decent
working/living conditions for all seafarers. It sets out fundamental rights and principles
with respect to their working and living conditions, and the guidance in this enclosure
will provide marine inspectors and owners/operators with a framework to achieve
compliance.
b. This NVIC contains a breakdown of U.S. laws and regulations and other measures
conforming to the Convention requirements. As provided by the Convention, the NVIC
specifies where substantial equivalency is used to comply with the particular provisions,
on the basis that the United States has satisfied itself that the implementing laws and
regulations or other measures are conducive to the full achievement of the general
objective of the specific provision.
c. As previously stated, the Coast Guard does not intend to conduct voluntary MLC
inspections for vessels that are classed and can obtain this inspection from their
Recognized Classification Society (RCS). For those other U.S. vessels over 500 GT ITC
that operate on international voyages, the Coast Guard will offer inspections of voluntary
compliance with the U.S. laws and regulations and other measures conforming to the
MLC provisions. Owners/operators who wish to demonstrate voluntary compliance
should contact their local Coast Guard, Officer in Charge, Marine Inspection (OCMI) and
request an inspection. MLC inspection guidance published by the International Labour
Organization (ILO) recognizes that, while compliance with all requirements of the Code
must be verified through inspection, any inspection is a subjective process, and marine
inspectors should use their professional judgment and expertise when determining the
depth for each item required to be inspected.
d. Vessels demonstrating compliance with the U.S. laws and regulations or other measures
conforming to the MLC requirements will be issued a Statement of Voluntary
Compliance, Maritime Labour Certificate (SOVC-MLC) and a Statement of Voluntary
Compliance, Declaration of Maritime Labour Compliance (SOVC-DMLC). Vessels that
are issued these certificates will be recognized by the United States as being voluntarily
“certified” for compliance with the U.S. laws and regulations or other measures
conforming to the MLC requirements. Foreign Port State Authorities are not obligated to
accept the SOVC-MLC as prima facie evidence of compliance. Therefore, vessels should
be prepared for expanded Port State Control (PSC) examinations at any time when
operating in the ports of an MLC ratifying nation.
e. Any RCS that is authorized to issue international convention certificates on behalf of the
Coast Guard is also authorized to conduct MLC inspections and issue statements of
voluntary compliance at the request of an owner/operator. The RCS should use the
guidance outlined in this enclosure when conducting compliance inspections and should

Enclosure (1) to NVIC New-13
utilize the statements describing U.S. laws and regulations or other measures listed on the
Coast Guard’s SOVC-DMLC Part I when preparing its own SOVC.
f. In cases where a U.S.-flag vessel is detained for non-compliance with MLC related items,
the owner/operator should make notification to the Coast Guard in a similar fashion to
notifications made now when detained under a convention promulgated by the
International Maritime Organization (IMO). The owner/operator should also e-mail
copies of the foreign Port State Control inspection forms (Form A and Form B) to the
Coast Guard's Office of Commercial Vessel Compliance at CGCVC@uscg.mil.
Additionally, if applicable, the owner/operator should make notification to the issuing
RCS, which should be engaged to assist in rectifying the deficiency. Finally, the Coast
Guard expects to receive notification from the detaining port state in accordance with the
MLC guidelines. In all cases, the Coast Guard's Office of Commercial Vessel
Compliance will act in a coordinating role during the process to ensure the release of the
vessel in an expeditious manner.
2. Definitions: Enclosure (2) to this NVIC includes the definitions of “seafarer,” “ship”, and
“shipowner” for the purpose of the MLC. Although this NVIC is applicable only to vessels
on international trade, the Coast Guard determined it would be useful to provide information
on some of the broader definitions used in the MLC as agreed during the process of
consultation with the seafarers and owners/operator organizations. Information on
documentation of determinations of seafarer status are provided in Enclosure (2) of this
NVIC.
3. Vessel Applicability:
a. Vessels 500 GT ITC or more engaged on International Voyages: United States
commercial vessels of 500 GT ITC or more that engage on international voyages to ports
of ratifying nations may be certified and demonstrate compliance with the U.S. laws and
regulations or other measures conforming to the MLC requirements through possession
of an SOVC-MLC and an SOVC-DMLC.
b. Vessels less than 500 GT ITC on International Voyages: United States commercial
vessels, including uninspected commercial vessels, less than 500 GT ITC engaging on
international voyages to ports of MLC ratifying nations may also be required by PSC
authorities to meet U.S. laws and regulations or other measures conforming to the MLC
requirements. The Convention does not require these vessels to be issued compliance
certificates but it does require them to be in compliance with the MLC standards. To
better facilitate a PSC exam, it’s recommended these vessels voluntarily develop their
own Declaration of Maritime Labour Compliance (self declaration). This Declaration
should state the U.S. national requirements implementing the Convention and identify the
measures adopted by the vessel owner to ensure compliance with the requirements on the
vessel or vessels concerned. A template for this Declaration has been developed for use
(Enclosure (6)) and can be found on the Coast Guard’s Homeport website under the
Domestic Vessels/Domestic Vessel General tab.

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Enclosure (1) to NVIC 02-13
(1) Vessel owners may also request a MLC inspection for the issuance of a statement of
voluntary compliance certificate at their discretion through a RCS. The guidance for
vessels greater than 500 GT ITC should be followed in those cases.
(2) At the request of an owner/operator, a Coast Guard inspector may verify a vessel’s
compliance measures as documented on their self declaration form and issue a MLC
inspection report to the vessel. For vessels that have undergone a COI or Annual
inspection within six months, an additional MLC inspection of the vessel need not take
place. The OCMI may issue a MLC inspection report to the vessel based on an
adequate review of the owners/operators compliance measures as documented on the
Declaration form.
c. Vessels not engaging on international voyages to ports of countries that have ratified the
Convention should not request MLC voluntary inspections for SOVC issuance.
However, owners/operators should keep apprised of the countries that have ratified the
MLC and plan accordingly.
d. Vessels exclusively operating on the inland waters of the United States are excluded from
the provisions of the MLC based on the definition of a vessel in Article II (1)(i) of the
Convention. For the purpose of the MLC, the U.S. and Canada will also consider the
Great Lakes, the waters east of the Juan de Fuca Strait and other such common navigable
waterways as inland waters. Vessels navigating exclusively in these waters will be
exempt from the MLC.
e. The Coast Guard is partnering with Transport Canada to develop a Memorandum of
Understanding (MOU) that would allow for the recognition of each county’s national
laws and regulations as providing substantial compliance with the provisions of the MLC.
Vessels less than 500 GT ITC operating exclusively between ports in the U.S. and
Canada will be recognized as complying with the MLC standards if they maintain a valid
Certificate of Inspection or Uninspected Towing Vessel Safety Examination decal, no
additional MLC inspections will be required.
4. Statements of Voluntary Compliance (SOVC):
a. Vessels demonstrating compliance with the U.S. laws and regulations or other measures
conforming to the MLC requirements will be issued a SOVC-MLC by the Coast Guard or
a RCS. The format of the SOVC-MLC is consistent with the format provided in the
Convention and will be supplemented with a two-part SOVC-DMLC.
b. The SOVC-DMLC Part I is prepared by the Coast Guard and references current U.S.
laws, regulations, or other measures conforming to the Convention requirements. The
RCS should develop its own version of the SOVC-DMLC Part I. The Coast Guard is
requesting the RCS to sign its own version of the SOVC-DMLC Part I on its behalf. The
information required in SOVC-DMLC Part I should conform to Enclosure (4). Any
changes to the content of the SOVC-DMLC Part I must be approved by the Coast Guard.

3

Enclosure (1) to NVIC New-13
(1)

The Coast Guard does not intend to grant exemptions unless extenuating
circumstances can be demonstrated by the owner/operator. The Coast Guard will
evaluate exemption requests on a case-by-case basis. An owner/operator who
requests an exemption should submit the request, along with a valid address and
point of contact for reply, to Commandant, Commercial Vessel Compliance (CGCVC-1) via the local OCMI or RCS. The OCMI or RCS must forward the request
to Commandant, CG-CVC-1, and provide a recommendation. The OCMI or RCS
can forward the request via e-mail to cg-cvc-1@uscg.mil.

(2)

After considering an exemption request, the Coast Guard will send a decision letter
to the owner/operator with a copy for the OCMI or RCS. If approved, the OCMI or
RCS shall state on the SOCV-DMLC Part I that an exemption has been granted by
the Coast Guard for the specific requirement, and reference the Coast Guard letter
of approval. Owners/operators should keep a copy of the letter with the SOVCMLC.

c. The SOVC-DMLC Part II should be prepared by the vessel owner/operator and outlines
the measures put in place to ensure ongoing compliance with the requirements of SOVCDMLC Part I. The format for Part II can vary depending on how the owner/operator
decides to document their compliance measures. A template of the SOVC-DMLC Part II
is provided (Enclosure (5)) and is also available for free download on the Coast Guard’s
Homeport website under the Domestic Vessels-Domestic Vessel General tab. Following
a successful inspection of the vessel for compliance with Part I, the Coast Guard or RCS
will endorse Part II.
d. The Interim Statement of Voluntary Compliance, Maritime Labour Certificate (SOVCIMLC) (CG-16450A) (Enclosure (7)) may be issued to—
(1)
(2)
(3)

The owner/operator of a new vessel during its initial inspection for MLC
certification;
The owner/operator of a vessel that changes flag; or
An owner/operator who assumes responsibility for the operation of a vessel that is
new to that owner/operator.

e. Voluntary compliance certificates shall be valid for a period of 5 years and subject to an
intermediate inspection between the second and third anniversary date of the certificate.
Appropriate endorsements by the Coast Guard or RCS will be made to the certificates. It
is recommended that certificates issued for the first time have their expiration dates
harmonized with the current COI expiration and/or class certificates. Voluntary
compliance certificates issued by a RCS should follow the format of their corresponding
Coast Guard forms.
f. A certificate issued for compliance under the MLC ceases to be valid under any one of
the following circumstances 1 :

1

Once certificates expire or become invalid, new certificates shall only be issued following a new inspection under
the provisions of the Code.

4

Enclosure (1) to NVIC 02-13
(1)
(2)
(3)
(4)
(5)

The relevant inspections are not completed within the specified time limits;
A certificate is not properly endorsed;
There is a change of owner/operator of the vessel, meaning the company who
signed the SOVC-DMLC Part II;
When substantial modifications have been made to the vessel affecting the structure
or equipment detailed in Regulation 3.1 of the Code; or
The owner/operator no longer wishes to comply with the MLC.

5. Certification in Accordance with the MLC:
a. An inspection conducted under the MLC can be broken down into two distinct areas.
The first area concentrates on physical items such as the seafarers’ accommodations and
galley conditions, while the second focuses on other elements of work conditions such as
the payment of wages, seafarer employment agreements, minimum age, medical
certification, and hours of work or rest. To properly complete an inspection, the marine
inspector or surveyor must conduct document reviews, employ visual observations, and
conduct private interviews with seafarers.
b. Vessel owners/operators who want to have their vessels certified and receive an SOVCMLC should document their measures in compliance with the SOVC-DMLC Part I for
each of the 14 areas that must be inspected as noted in Appendix A5-I of the MLC, and
prepare the SOVC-DMLC Part II for Coast Guard or RCS review. Coast Guard marine
inspectors or RCS surveyors will review Part II and conduct an inspection for compliance
with the SOVC-DMLC Part I. Once an initial MLC compliance inspection has been
completed, vessels will demonstrate ongoing compliance through regular Coast Guard or
RCS inspections at specified intervals. The guidance provided below under “Inspection
Process” outlines the minimum requirements that owners/operators should meet to
demonstrate compliance with the MLC.
6.

Inspection Process:
a. The 14 areas requiring inspection for issuance of certificates under the MLC are listed
below. Compliance with the Convention requirements by the owner/operator is voluntary.
Because the United States has not ratified the MLC and established regulations to enforce
it, marine inspectors have no legal authority to cite the Convention to compel compliance.
References to applicable U.S. laws and regulations are listed to assist marine inspectors
when verifying U.S. requirements that meet the provisions of the MLC.
(1)

Minimum age (MLC Regulation 1.1): No persons below the age of 16 shall be
employed or engage in work aboard a vessel. Seafarers under the age of 18 shall
not engage in work that is likely to jeopardize their health or safety. Night work for
seafarers under the age of 18 is prohibited. An exception to the night work
restriction is allowed if such work would impair seafarer training.
(a)

United States national requirements/legislation: 29 CFR 570.2 mandates 16
years of age as the minimum age for most non-agricultural work. This
regulation is the basis of the minimum age requirements on all U.S. vessels.
5

Enclosure (1) to NVIC New-13
Refer to Enclosure (8) to this NVIC for a list of hazardous activities that are
likely to jeopardize the health and safety of young seafarers. Exemptions
from the night work restrictions are allowed in the case of training programs
approved by the Coast Guard in accordance with 46 CFR Chapter I,
subchapter B.
(b)

Vessel owners/operators should maintain documentation that includes the date
of birth of each seafarer noted. Individual identity documents, such as
passports, should be readily accessible. Note the following:
i. Any seafarer under the age of 18 years should receive at the time of
engagement a list of the potentially hazardous activities that the seafarer
should not perform while engaged with the vessel. The seafarer should be
given the name of a contact person in the event any questions arise. The
seafarer should also be advised against working at night 2 unless engaged
in a training program approved by the Coast Guard in accordance with 46
CFR Chapter I, subchapter B. Training programs meeting this provision
include maritime academies regulated by 46 CFR Part 310.
ii. If applicable, the company’s safety management system (SMS) should
include: 1) a policy applicable to seafarers under the age of 18 years
regarding night work; and 2) a list of the different types of potentially
hazardous work aboard the vessel and an explanation as to why they are
considered as such. All precautions to mitigate risk should be noted.
Supervisory staff should be advised about the need to adhere to these work
limitations.

(c)

Inspectors should—
i. Review the crew list, passports, or other official documents to confirm
each crewmember’s date of birth;
ii. Review the work schedules for crewmembers under the age of 18 years to
determine their hours and the nature of their work. If necessary, confirm
information through private interviews with one or more crewmembers;
and
iii. Identify the types of work that are likely to jeopardize the safety of
crewmembers under the age of 18 years. If necessary, confirm
information through private interviews with one or more crewmembers.

(2)

Medical certificates (MLC Regulation 1.2): Seafarers may not work on a vessel
unless they are certified as medically fit to perform their duties. For seafarers
working on vessels that engage in international voyages, the language of the

2

Night is recognized as a period of at least 9 hours starting no later than midnight and ending no earlier than 0500.
(“Night” is not currently defined in U.S. regulations.)

6

Enclosure (1) to NVIC 02-13
certificate must be English. All certificates must be valid and issued by a qualified
medical practitioner.
(a)

United States national requirements/legislation:
i. 46 CFR 10.215 defines the medical and physical requirements that
seafarers must meet to qualify for a Merchant Mariner Credential (MMC).
All U.S. seafarers serving in vessels to which the International Convention
of Standards of Training, Certification and Watchkeeping for Seafarers
(STCW) applies must hold a MMC that is valid for 5 years, which is proof
that the seafarer is in compliance with the medical requirements.
ii. The Coast Guard proposed issuing a 2-year medical certificate in
compliance with the STCW 2010 amendments; issuance of a final rule is
still pending. Full compliance with a 2-year medical certificate is
expected by 1 January 2017 in accordance with the 2010 amendments to
the STCW Convention.

(b)

Vessel owners/operators should—
i. ensure that all U.S. seafarers to which STCW applies hold a valid MMC.
A valid MMC constitutes the proof of a valid medical certificate.
Seafarers who do not hold a valid MMC must have a medical certificate
with a maximum validity period of 2 years attesting that they are
medically fit to perform their respective shipboard duties.
ii. Non-U.S. seafarers must hold a medical certificate with a maximum
validity period of 2 years and issued by a medical practitioner recognized
by the administration of the country of origin of the seafarer.
iii. Ensure seafarers under the age of 18 are medically fit and maintain a
medical certificate with a maximum validity of one year.

(c)

Inspectors should—
i. Check for valid MMCs or medical certificates/reports stating the seafarers
are fit for service on board the vessel;
ii. Ensure that all medical certificates/reports were issued by a medical
practitioner;
iii. Ensure that U.S. seafarers currently hold a valid MMC. For those limited
circumstances where non-U.S. seafarers are working on board U.S.-flag
vessels pursuant to 46 USC 8103(b)(3), check to ensure that these
seafarers hold a valid medical certificate (such as an STCW medical
certificate) issued in accordance with the relevant administration; and
7

Enclosure (1) to NVIC New-13

iv. Check to ensure that non-U.S. seafarers currently hold a valid medical
certificate.
(3)

Training and qualifications (MLC Regulation 1.3): Seafarers must be trained or
certified as competent or otherwise qualified to perform their duties. They must
also have completed training for personal safety on board the vessel.
(a)

United States national requirements/legislation:
i. United States law for the issuance of credentials for both officers and
ratings is found in 46 USC chapters 71 and 73 respectively. Additionally,
46 USC chapters 83 and 87 preclude the hiring of individuals on board
vessels without the appropriate credentials authorizing service in the
capacity in which the individuals are to be engaged or employed.
ii. U.S. regulations in 46 CFR 15.1103 require that no person on board a
seagoing vessel operating beyond the Boundary Line 3 may employ or
engage any person to serve without an STCW endorsement, where such a
credential is required.
iii. 46 CFR 15.405 and 15.1105 require individuals to be familiar with the
vessel’s arrangement, equipment, procedures, and characteristics relevant
to their routines or emergency duties or responsibilities, in accordance
with STCW Regulation I/14 In addition, 46 CFR 15.1105 requires that:
1) all persons prior to being assigned shipboard duties receive
familiarization and/or basic safety training in accordance with STCW
Regulation VI/1, as appropriate; and 2) persons serving as part of the crew
complement or who are assigned a responsibility on the muster list must
receive basic safety training in accordance with STCW Regulation VI/1.
iv. In limited circumstances, 46 USC 8103(3) and 46 CFR 15.720 authorize
the use of non-U.S. citizens as seafarers on board Offshore Supply Vessels
(OSVs) operating from a foreign port, and Mobile Offshore Drilling Units
(MODUs) operating beyond the water above the U.S. Outer Continental
Shelf, provided the non-U.S. seafarer holds a credential equivalent in
experience, training, and other qualifications to the U.S. credential
required for the position.

(b)

3

Substantial equivalency: For personnel that are not required to be
credentialed, evidence of acceptable industry training or company training
may be accepted as being substantially equivalent with the MLC training and
certification requirements.

Boundary lines are established in 46 CFR Part 7.

8

Enclosure (1) to NVIC 02-13
(c)

Vessel owners/operators should—
i. Ensure that all seafarers, whether credentialed or not, have the required
training and qualifications, including personal safety training, for the
positions they will occupy on board the vessel;
ii. Ensure that the master maintains a roster of these seafarers; and
iii. Ensure that procedures are in place for the maintenance of merchant
seafarers’ records in accordance with 46 CFR 15.1107.

(d)

Inspectors should—
i. Check the Certificate of Inspection (COI) 4 or the minimum safe manning
document to ensure crewmembers hold a valid MMC with the appropriate
endorsement for their position on the vessel. For OSVs authorized to use
non-U.S. citizens as seafarers, ensure that these seafarers hold credentials
equivalent in experience, training, and other qualifications to the U.S.
credential required for the position. Ensure that all crewmembers who are
not required to be credentialed have sufficient training and qualifications
(such as acceptable industry training or company training) necessary to
perform their duties and understand their responsibilities;
ii. Check the vessel log for any training that has been conducted and review a
copy of the appropriate training material that is available to the crew; and
iii. Confirm through private interviews with crewmembers that the
appropriate training is being conducted.

(4)

Recruitment and placement (MLC Regulation 1.4): All seafarers shall have access
to a fair and accountable employment placement service to find employment. Use
of this service should be at no direct cost to the seafarer. Any employment service
used by a seafarer must conform to Standard A1.4 of the Code.
(a)

U.S. national requirements/legislation:
i. 46 USC 10314 and 10505 specify that a person may not receive
remuneration for providing seafarers with employment. Additionally, a
seafarer’s wages may not be garnished with respect to his or her
engagement on board the vessel.

4

A COI is issued to a U.S. vessel by the Coast Guard following the completion of an inspection for certification. It
describes the vessel, the route the vessel may travel, the minimum manning requirements, all applicable safety
equipment, and lists the total number of passengers that may be carried. For ships on international voyages, the COI
fulfills the SOLAS requirements for a Safe Manning Document.

9

Enclosure (1) to NVIC New-13
ii. Union hiring halls in the United States are funded and maintained through
collective bargaining agreements regulated by Federal Law (Taft-Hartley
Act) and should meet the applicable requirements of the MLC as specified
in Standard 1.4, paragraph 3, which recognizes collective bargaining
agreements as complying with the intent of Regulation 1.4.
(b)

Vessel owners/operators should—
i. When using external recruitment agencies to source seafarers, ensure that,
in all cases, the seafarer is not charged either directly or indirectly for the
recruitment service. Vessel owners/operators may not charge seafarers for
recruitment agency services;
ii. When using recruitment and placement agencies from ratifying countries,
ensure that the recruitment agency is licensed/certified in accordance with
Regulation 1.4 of the Convention by the country in which the agency is
based;
iii. When using recruitment and placement agencies from non-ratifying
countries, ensure that the recruitment agency meets the intent of the
provisions in Regulation 1.4, and, in all cases, is not charging the seafarer
for employment services;
iv. When hiring seafarers directly, self-certify via a letter or other
documentation that they are not using any external recruitment agencies to
source seafarers; and
v. Maintain a record of the manner in which the seafarer (U.S. and non-U.S.
citizens) was hired and verify, through private interviews, that the seafarer
did not pay any money to obtain employment. If possible, obtain a written
acknowledgement from the seafarer stating that he or she did not pay to
obtain employment and retain this document on file. A copy of all
documentation should be provided for the master’s records.

(c)

Inspectors should—
i. Determine whether the company has established any internal recruitment,
placement, or hiring programs;
ii. Determine whether the company is using external recruitment, placement,
or hiring programs; and
iii. Interview various crewmembers in private to confirm that they have not
paid a fee or other charge to a recruitment or placement service for
employment services.

10

Enclosure (1) to NVIC 02-13
(5)

Seafarers’ Employment Agreements (SEA) (MLC Regulation 2.1): All seafarers
must have a copy of their SEA/shipping articles signed by both the seafarer and the
vessel owner’s/operator’s representative. The SEA/shipping articles must, at a
minimum, contain the items listed in Standard 2.1, Paragraph 4(a)-(k) of the MLC.
The seafarers must also be provided with a copy of their employment record on
board the vessel upon request. If a collective bargaining agreement is part of any
SEA/shipping articles, a copy of the collective bargaining agreement should be kept
aboard the vessel.
(a)

United States national requirements/legislation:
i. 46 USC 10301 and 10302, and 46 CFR 14.201 specify when articles are
required and note that, for all foreign voyages, vessel owners/operators
make a shipping agreement in writing with each seafarer before the
seafarer commences employment. Coast Guard NVIC 1-86 establishes the
procedures for the shipment and discharge of seafarers aboard U.S.-flag
vessels. 46 CFR 14.207 specifies that the content and form of shipping
articles must conform to form CG-705A. Coast Guard NVIC 1-86
specifies that any other form complying with the requirements of the U.S.
statutes noted above may be used. The minimum requirements contained
in the shipping agreement are in keeping with those outlined in Regulation
2.1 of the MLC.
ii. 46 U.S.C. 10311 and 46 CFR 14.307 require that the master or individual
in charge of a vessel provide each seafarer with a Certificate of Discharge
documenting sailing dates and capacities. The certificate must be signed
by both the master or individual in charge and the seafarer, and may not
contain a reference about the character or ability of the seafarer.
iii. In addition, 46 U.S.C. 7302 and 46 CFR 14.305 specify that seafarers may
obtain a Continuous Discharge Book that documents sailing dates and
capacities. Proper entries to the book must be made by the master.

(b)

Substantial equivalency: Contractual agreements between the seafarer and the
vessel owner/operator or third party should be accepted for non-traditional
seafarer personnel, provided the agreements include the minimum
requirements specified in Coast Guard NVIC 1-86, as appropriate, as being
substantially equivalent to the MLC employment agreement provisions.

(c)

Vessel owners/operators should—
i. Ensure that all seafarers sign a shipping/employment agreement. The
agreement should conform to the content of Coast Guard form CG-705A.
Any other form complying with the requirements of the U.S. statutes
noted above may be used instead. Each seafarer should be given an
opportunity to examine and seek advice on the agreement before signing.

11

Enclosure (1) to NVIC New-13
Any questions concerning the agreement should be clarified prior to
signing;
ii. Maintain on board the vessel the shipping/employment agreements for all
seafarers;
iii. When operating a vessel with seafarers who are subject to a collective
bargaining agreement, ensure that there is a copy of the collective
bargaining agreement on board the vessel and that each seafarer receives a
copy of the agreement;
iv. Contractual agreements between the seafarer and the vessel
owner/operator representatives/charterer or third party should be accepted
for non-traditional seafarer personnel provided it includes the information
specified in form CG-705A; and
v. Ensure that each seafarer is given a Certificate of Discharge documenting
the sailing dates and capacity. Documentation may also be accomplished
through a continuous discharge book. All such documentation must not
contain a reference about the character or ability of the seafarer.
(d)

Inspectors should—
i. Review all shipping article agreements and all other applicable collective
bargaining agreements to determine whether copies of these records are
maintained on board the vessel prior to conducting the inspection. If
copies of these records are not maintained on board the vessel, the
inspector should, prior to issuing the MLC, request that copies of these
records be made available; and
ii. Interview various crewmembers in private to confirm whether they have
entered into a shipping agreement and, if so, whether they have been given
the opportunity to review and discuss the content of the articles.

(6)

Payment of wages (MLC Regulation 2.2): Seafarers must be paid at no greater than
monthly intervals and in full for their work in accordance with their employment
agreements. They are entitled to a statement each month indicating their monthly
wage and any authorized deductions such as allotments. There shall be no
unauthorized deductions, such as payment for travel to or from the vessel.
(a)

United States national requirements/legislation: United States statute
establishes the seafarer’s entitlement to wages for work performed and
payment at the beginning of the voyage and at the end of the voyage, and
penalties for non-compliance; 46 USC 10310, 10312, 10313, and 10314. 46
U.S.C. 10315 (Allotments) establishes the measures for allotments. Collective
bargaining agreements also specify payment intervals and conditions of
payments.
12

Enclosure (1) to NVIC 02-13

(b)

Vessel owners/operators should—
i. Ensure that the master can provide proof of payment (e.g., payroll records
or a company letter) in according to current U.S. laws. Payments made in
accordance with collective bargaining agreements are acceptable;
ii. Ensure that a salary statement in an electronic or paper format is provided
to each seafarer; and
iii. Ensure that seafarers are offered the option to allocate all or part of their
earnings to their families or dependants or legal beneficiaries at regular
intervals. Ensure that the master can provide proof of this service (e.g., a
bank transfer).

(c)

Inspectors should—
i. Check any employment agreements, collective bargaining agreements, or
other documentation to confirm that wages are being paid at intervals of
no greater than 30 days; and
ii. Interview various crewmembers in private to confirm that payment of their
wages is in compliance with the Code.

(7)

Hours of work and hours of rest (MLC Regulation 2.3): The minimum hours of rest
shall not be less than ten hours in any 24-hour period; and 77 hours in any sevenday period. Hours of rest may be divided into no more than two periods, one of
which shall be at least six hours in length, and the interval between consecutive
periods of rest shall not exceed 14 hours. Shipboard drills shall be conducted in a
manner that minimizes the disturbance of rest periods and does not induce fatigue.
(a)

United States national requirements/legislation: The United States will
comply with MLC 2006 by establishing minimum hours of rest. The U.S.
standards for work and rest hours are contained in 46 CFR 15.1111.

(b)

Substantial Equivalency: The Coast Guard published a guidance document,
CG-CVC Policy Letter 12-05, in compliance with the STCW 2010
amendments to the hours of rest. The requirements in that policy letter are
substantially equivalent with the MLC standards contained in Regulation 2.3.
The policy letter includes a requirement for recording hours of rest.

(c)

Vessel owners/operators should—
i. Incorporate an effective system for documenting seafarer hours of rest.
Vessel owners/operators are encouraged to utilize the “Model Format for
Records of Hours of Work or Hours of Rest of Seafarers” developed by
the ILO and the IMO. The records can be documented in the vessel
13

Enclosure (1) to NVIC New-13
logbook. Each record should be endorsed by the master or authorized
person and the seafarer, and a copy of each record should be made
available to the seafarer;
ii. Ensure that any deviation from the requirements for hours of rest and any
compensatory time granted are documented; and
iii. Ensure that work arrangements/watch schedules are posted.
(d)

Inspectors should—
i. Check records against watch/work schedules to confirm compliance with
requirements for minimum hours of rest;
ii. Ensure that any deviation from the requirements for hours of rest due to
emergencies and any compensatory time granted have been documented;
and
iii. Interview various crewmembers in private to determine if work hours and
rest periods comply with U.S. regulations.

(8)

Manning levels (MLC Regulation 2.7): All vessels must have a sufficient number
of seafarers employed on board to ensure that the vessel can be operated safely,
efficiently, and with due regard to security under all conditions, taking into account
concerns about seafarer fatigue and the particular nature of the voyage. The
owner/operator is responsible for ensuring that each vessel within his or her
management complies with the manning, certification, and watchkeeping
requirements in accordance with the applicable statutes and regulations. Violations
of the manning, watchkeeping, or certification regulations may result in
enforcement action.
(a)

United States national requirements/legislation:
i. 46 CFR part 15 requires that all vessels operating beyond the boundary
line meet the STCW certification and watchkeeping requirements.
ii. 46 CFR 15.103 outlines the requirements for a vessel to be properly
manned with a minimum number of officers and rated crew. Vessels
required to be inspected under 46 USC 3301 are required to be manned
with the minimum complement as stated on the vessel’s COI per the
requirements of 46 CFR 15.501.
iii. Under Article 1 of the Officer’s Competency Certificates Convention
(OCCC) 1936, national laws or regulations may grant exceptions or
exemptions with respect to vessels of less than 200 GT as measured under
the Regulatory Measurement System, hereafter “GRT.” The United States
invoked this clause and granted a general exception for all vessels of less
14

Enclosure (1) to NVIC 02-13
than 200 GRT (GT ITC if GRT not assigned) navigating beyond the
Boundary Lines (see 46 USC 8304(b)(4) and 46 CFR 15.701(a)),
including vessels engaged on international voyages. However, as
amended, Article II.6 of the MLC specifies that such a determination may
be made only with respect to vessels of less than 200 GT ITC (GRT if GT
ITC not assigned) not engaged in international voyages. Accordingly, an
individual in charge of the navigation or maneuvering, as well as an
individual engaged or employed to perform the duties of chief engineer,
on a mechanically propelled, uninspected, seagoing, documented vessel of
less than 200 GT ITC (GRT if GT ITC not assigned) should hold an
appropriately endorsed license or MMC authorizing service in such a
capacity, when engaged on a voyage to an MLC ratifying nation.
(b)

Vessel owners/operators should—
i. For Coast Guard inspected vessels, ensure the vessel is manned in
accordance with their COI; and
ii. Understand that U.S. vessels are subject to the control verification
provisions of the subject Convention when engaged on voyages to an
MLC ratifying nation and should provide due observance of the relevant
provisions of the MLC. Certain uninspected vessels that engage on
international voyages are required a Safe Manning Document (SMD) in
accordance with SOLAS Chapter V/14. Those uninspected vessels that
are not subject to the specific requirements of SOLAS Chapter V/14 are
encouraged to request a permissive SMD or Safe Manning Letter (SML)
via the cognizant Coast Guard OCMI to document flag-state approval of
manning levels when engaged on international voyages. The SMD or
SML provides objective evidence to port-state authorities that the subject
vessel meets the minimum safe manning requirements as determined by
the flag state.

(c)

Inspectors should—
i. Review the COI, SMD, or SML and compare it to the crew list; and
ii. Review the crew list to determine the number, categories, and
qualifications of the seafarers working on board.

(9)

Accommodations (MLC Regulation 3.1): The requirements of the Code in Title 3
(i.e., Standard A3.1, with due consideration of Guideline B3.1) that relate to
construction or equipment (i.e., fixtures) will not apply to vessels constructed
before the MLC 2006 enters into force for the flag state concerned (e.g., for the
United States, 12 months after ratification is registered). Instead, the provisions
relating to construction and equipment that are contained in ILO Conventions 92
and 133 will continue to apply to those vessels, to the extent that they were already
applicable in the flag state concerned, particularly because one or both conventions
15

Enclosure (1) to NVIC New-13
had been ratified by that state or had become applicable by that state’s ratification
of ILO Convention No. 147. To the extent that the MLC requirements do not relate
to equipment or construction, Standard A3.1 (and the Guidelines) would apply to
both existing and new vessels.
(a)

United States national requirements/legislation:
i. The United States ratified ILO Convention 147, which includes
Convention 92 (Accommodations of Crews Convention (Revised)) and
Convention 133 (Accommodations of Crews Convention) as appended
Conventions. The U.S. instrument of ratification for ILO 147 established
that U.S. domestic laws and regulations were substantially equivalent to
the provision in the Appended Conventions that the United States did not
ratify, including ILO Convention 133 (Accommodations of Crews, 1970)
and ILO Convention 92 (Accommodation of Crews Convention (Revised),
1949). The United States satisfied itself that the general goals of the
instrument of ILO Convention 133 are being respected. No specific
legislation or regulations were implemented to bring the United States into
conformity with the general goals of Convention 133. See COMDTINST
16711.12 (series) for additional information.
ii. United States shipping laws and regulations that apply to vessels
registered in the U.S. territory require compliance with minimum safety
standards. Generally, the inspection of vessels and the accommodation of
seafarers is provided in the following shipping laws: 46 U.S.C. subtitle II,
chapter 33 (inspections) and 46 U.S.C. 11101 (accommodations applicable
to vessels more than 100 GRT).
iii. Specific requirements for inspection and certification, construction and
arrangement (including accommodation construction and recreational
facilities) are found in various subchapters of the regulations based on the
type of vessel. These subchapters are:
46 CFR 24-28 Subchapter C (uninspected towing vessels, 6 & 12
passengers)
46 CFR 30-39 Subchapter D (tank vessels)
46 CFR 70-89 Subchapter H (passenger vessels)
46 CFR 90-105 Subchapter I (cargo & miscellaneous vessels)
46 CFR 107-109 Subchapter I-A (MODUs)
46 CFR 114-124 Subchapter K (small passenger vessels under 100 GT
carrying more than 150 passengers, or more than 49 overnight)
46 CFR 125-139 Subchapter L (OSVs)
46 CFR 175-187 Subchapter T (Small passenger vessels under 100 GT
carrying less than 49 passengers overnight)
These regulations are substantially equivalent to the applicable
requirements of ILO Conventions 92, 133, and 147.
16

Enclosure (1) to NVIC 02-13

iv. Vessels built prior to the entry-into-force date of ILO Convention 147 to
the United States must also comply with the applicable regulations found
in the 46 CFR subchapters listed in paragraph (9)(a)iii above.
(b) Vessel owners/operators should—
i. Continue to ensure their vessels meet the requirements of current U.S.
regulations; and
ii. Ensure that frequent inspections of accommodation spaces are carried out
and recorded by the vessel’s master. The master should make these
inspection records available for review.
iii. For uninspected vessels over 100 GT, ensure seafarer accommodations are
in compliance with 46 U.S.C. 11101.
(c)

Inspectors should ensure that all vessels meet the requirements of current
U.S. regulations. The COI is proof that a vessel was built and inspected to
applicable regulations.

(10) Recreational facilities (MLC Regulation 3.1): As with the requirements for
accommodations, vessels must be in compliance with the minimum standards by
providing and maintaining sufficient recreational facilities, to include mess rooms
and laundry facilities, for seafarers. Inspections of recreational facility should also
be carried out and recorded by the vessel’s master. Records of these inspections
should be made available for review.
(a)

United States national requirements/legislation:
i. The United States ratified ILO Convention 147, which includes
Convention 92 (Accommodations of Crews Convention (Revised)) and
Convention 133 (Accommodations of Crews Convention) as appended
Conventions. The U.S. instrument of ratification for ILO Convention 147
established that U.S. domestic laws and regulations were substantially
equivalent to the provision in the Appended Conventions that the United
States did not ratify, including ILO Convention 133 (Accommodations of
Crews, 1970) and ILO Convention 92 (Accommodation of Crews
Convention (Revised), 1949). The United States satisfied itself that the
general goals of the instrument of ILO Convention 133 are being
respected. No specific legislation or regulations were implemented to
bring the United States into conformity with the general goals of
Convention 133. See COMDTINST 16711.12 (series) for additional
information.

17

Enclosure (1) to NVIC New-13
ii. United States shipping laws and regulations that apply to vessels
registered in the U.S. territory require compliance with minimum safety
standards. Generally, the inspection of vessels and the accommodation of
seafarers is provided in the following shipping laws: 46 U.S.C. subtitle II,
chapter 33 (inspections) and 46 U.S.C. 11101 (accommodations applicable
to vessels more than 100 GRT).
iii. Specific requirements for inspection and certification, construction and
arrangement (including accommodation construction and recreational
facilities) are found in various subchapters of the regulations based on the
type of vessel. These regulations are substantially equivalent to the
applicable requirements of ILO Conventions 92, 133, and 147.
iv. Vessels built prior to the entry-into-force date of ILO Convention 147 to
the United States must also comply with the applicable regulations under
paragraph (9)(a)iii. above.
(b)

Vessel owners/operators should—
i. continue to ensure that their vessels meet the requirements of current U.S.
regulations.
ii. For uninspected vessels over 100 GT, ensure any seafarer recreational
facilities are in compliance with 46 U.S.C. 11101.

(c)

Inspectors should ensure that all vessels meet the requirements of current U.S.
regulations. The COI is proof that the vessel was built and inspected to
applicable regulations.

(11) Food and catering (MLC Regulation 3.2): Food and drinking water must be of
appropriate quality, nutritional value, and quantity to adequately cover the
requirements of a vessel’s crew and takes into account their differing cultures and
religious backgrounds. Food is to be provided free of charge to seafarers during the
period of engagement. Vessels with a prescribed manning of less than 10 are not
required to carry a qualified cook. A seafarer employed as a vessel’s cook with
responsibility for preparing food must be trained and qualified for the position. The
master is responsible for conducting frequent and documented inspections of food,
water, and catering facilities.
(a)

United States national requirements/legislation:
i. 46 USC 10303 requires that a seafarer be served at least 3 meals a day,
including adequate water and adequate protein, vitamins, and minerals in
accordance with the U.S. Recommended Daily Allowances. Refer to
Enclosure (9) to this NVIC for competency guidelines for vessel cooks.

18

Enclosure (1) to NVIC 02-13
ii. 42 CFR 71.45 requires that the quality of potable water taken on board a
ship at any U.S. port intended for human consumption thereon shall be
obtained from sources approved in accordance with standards established
in title 21, Code of Federal Regulations, parts 1240 and 1250(b).
(b)

Vessel owners/operators should—
i. Ensure that mess rooms and pantries are frequently inspected for their
cleanliness and hygienic state. All records of inspections should be
maintained;
ii. Ensure that all food and drinking water supplies are suitable in respect to
quantity, quality, nutritional value, and variety, taking into consideration
the number of seafarers on board and their religious requirements and
cultural practices as they pertain to food, and the duration and nature of
the voyage;
iii. Document the knowledge obtained through training or equivalent job
experience of personnel who have responsibility for preparing food. No
seafarer below the age of 18 years should be permitted to work as a cook;
and
iv. If the manning of the vessel is less than 10, ensure that seafarers who
process food in the galley are trained or instructed in appropriate subjects,
to include food and personal hygiene as well as the handling and storage
of food on board a vessel. A qualified cook is not required for mannings
less than 10.

(c)

Inspectors should—
i. Review documents to confirm that all vessel cooks are at least 18-years of
age and have the knowledge through training or equivalent job experience
appropriate for their position.
ii. Review onboard records to confirm that frequent and documented
inspections are made of food and drinking water supplies, spaces used for
the handling and storage of food, and galleys and other equipment used in
the preparation and service of meals.
iii. Visually inspect galleys and store rooms to ensure that they are hygienic
and fit for their purpose, and contain appropriate quantities of stores for
the intended voyage.
iv. Interview various crewmembers in private to determine whether they are
provided with food and drinking water that are of appropriate quality and
quantity.

19

Enclosure (1) to NVIC New-13
(12) Medical care on board vessel and ashore (MLC Regulation 4.1): Seafarers must be
covered by adequate measures for the protection of their health and have access to
prompt and adequate medical care, including dental care, while working on board
the vessel. Health protection and care are to be provided at no cost to the seafarer.
Vessel owners/operators are to allow seafarers the right to visit a qualified medical
doctor or dentist without delay in port calls, where practicable. Members shall
adopt regulations establishing requirements for onboard hospital and medical care
facilities and equipment.
(a)

United States national requirements/legislation 5 :
i.

46 USC 11101 states that a merchant vessel of the United States that, in
the ordinary course of trade, makes a voyage of more than 3 days
between ports and carries a crew of at least 12 shall have a hospital
compartment suitably separated from other spaces. The compartment
shall have at least 1 bunk for each 12 seafarers constituting the crew (but
not more than 6 bunks may be required). Additionally, specific
requirements for inspection and certification, and construction and
arrangement (including accommodation construction and recreational
facilities) are found in various subchapters of the regulations based on the
type of vessel.

ii.

46 USC 11102 requires the following vessels to carry a medicine chest
for the care of sick and injured seamen: 1) vessels on a voyage from a
port in the United States to a foreign port (except to a Canadian port); and
2) vessels of 75 GT or more on a voyage between a port in the United
States on the Atlantic and Pacific oceans.

iii. 46 CFR 12.13 requires that persons designated to provide first aid or to
take charge of medical care on board a vessel be trained as appropriate
and hold an MMC with the appropriate endorsement.
iv. Collective bargaining agreements define medical benefits and eligibility
seafarers on board a vessel and ashore. Unionized seafarers receive
preventive measures.
v.

Vessel owners/operators are responsible for sick and injured seafarers in
accordance with the general maritime law remedy of Maintenance and
Cure. Maintenance and Cure provides for medical coverage for seafarers
while in the service of a vessel (including shore leave). Cure benefits
provide for payment of reasonable and necessary medical care until the
seafarer has reached a level of maximum cure. Cure includes first aid
and emergency treatment, transportation to medical facilities, treatment at
clinics and hospitals, diagnostic tests, medication, physical therapy,

5

Requirements relating to the size and construction of hospital spaces are contained in the U.S. national
requirements/legislation section for Accommodations.

20

Enclosure (1) to NVIC 02-13
specialists, surgery, rehabilitation, and all other reasonable and necessary
medical needs.
(b)

Vessel owners/operators should—
i.

Ensure that seafarers, while in the service of the vessel, are given health
protection and medical care, including prompt access to the necessary
medicines and medical equipment and facilities for diagnosis and
treatment, and to medical information and expertise;

ii. Provide seafarers with the right to visit a qualified medical doctor or
dentist without delay in ports of call, where practicable;
iii. Ensure that medical care facilities, such as a medicine chest, medical
equipment, medical guide, and hospital space are provided in accordance
with the U.S. laws and regulations cited above;
iv. Carry a qualified medical doctor on board if the vessel carries 100 or more
seafarers and is ordinarily engaged on international voyages for more than
3 days. Vessel owners/operators should also ensure that personnel
providing medical first aid or medical care on board are properly
credentialed. For those vessels that are engaged in extended voyages
involving ready access to shore-side medical facilities and care,
demonstration of such ability to render medical aid should be made in lieu
of having a medical doctor on board the vessel; and
v. Ensure that medical advice, including specialist advice, is available to
seafarers 24 hours a day, by radio or satellite communication while at sea,
and at no cost to the seafarer. A list of radio/satellite contacts for advice
should be readily available.
(c) Inspectors should—
i. Check any relevant documents, such as union agreements, to confirm that
medical care and services are provided free of charge to seafarers while
they are in the service of the vessel;
ii. Visually observe conditions to confirm that the vessel is equipped with
sufficient medical supplies, including a medicine chest, hospital space
(where applicable), and a medical guide; and
iii. Check that procedures are in place for radio or satellite communication for
medical assistance.

21

Enclosure (1) to NVIC New-13
(13) Health and safety protection and accident prevention (MLC Regulation 4.3): The
working, living, and training environments on vessels must be safe and hygienic to
ensure that the seafarers’ work environment promotes occupational safety and
health. Vessels must have an occupational safety and health program to prevent
diseases and accidental injuries.
(a)

United States national requirements/legislation:
i. The Occupational Safety and Health Act, 29 USC chapter 15, was enacted
to ensure that employers provide their workers a place of employment free
from recognized hazards to safety and health, such as exposure to toxic
chemicals, excessive noise levels, mechanical dangers, heat or cold stress,
and unsanitary conditions.
ii. 46 USC chapter 32 and 33 CFR part 96 require establishment of safety
management systems on board vessels that provide procedures for
responding to emergencies, protection of the environment, reporting of
incidents, and addressing nonconformities. Internal audits and
management reviews of the onboard system must be maintained.
iii. Company and/or industry-wide management systems, such as the
Responsible Carrier Program, that provide procedures for responding to
emergencies, protection of the environment, reporting of incidents, and
addressing nonconformities are acceptable industry practices meeting this
MLC requirement.

(b)

Vessel owners/operators should—
i. Ensure that seafarers are advised about occupational health issues and that
all necessary precautions are taken to minimize any adverse affects;
ii. Adopt reasonable precautions to prevent occupational accidents, injuries,
and diseases on board the vessel, including measures to reduce and
prevent the risk of exposure to harmful levels of ambient factors and
chemicals, as well as the risk of injury or disease that may arise from the
use of equipment and machinery on board the vessel;
iii. Adopt onboard programs such as a vessel safety committee for the
prevention of occupational accidents, injuries, and diseases, and for
continuous improvement in occupational safety and health protection;
iv. Adopt procedures for inspecting, reporting, and correcting unsafe
conditions and for investigating and reporting onboard occupational
accidents; and
v. Ensure that there is adequate personal protective equipment (PPE)
available for all shipboard activities.
22

Enclosure (1) to NVIC 02-13

(c)

Inspectors should—
i. Review any relevant documents maintained on the vessel such as accident
reports, safety evaluations conducted on behalf of the vessel
owner/operator, and any risk evaluations that may have been prepared.
ii. Check for any documents evidencing membership and meetings of the
vessel’s safety committee.
iii. Review documents related to the vessel’s occupational health and safety
program to ensure that the program is available and familiar to all
seafarers on board the vessel.
iv. Confirm that an accident investigation and reporting system is in place.
v. Ensure that there is adequate PPE available for each seafarer.
vi. Interview various crewmembers in private to that confirm onboard
occupational health and safety programs are in place and in use.

(14) Onboard complaint procedures (MLC Regulation 5.1.5): Vessels must have
procedures on board for the fair, effective, and expeditious handling of seafarer
complaints alleging breaches of the requirements of the MLC. All seafarers must
be provided with a copy of the onboard complaint procedures applicable to the
vessel. Retaliation against seafarers for filing complaints under the MLC is
prohibited.
(a)

United States national requirements/legislation: There are no U.S. laws or
regulations that mirror the requirements of Regulation 5.1.5 of the MLC.
However, many Collective Bargaining Agreements include procedures that
seafarers should follow to voice complaints on board a vessel. With respect to
safety concerns, the Coast Guard, in agreement with the Occupational Health
and Safety Administration (OSHA), has authority to protect seafarers from
retaliation for filing safety complaints pursuant to 46 USC 2114. Pursuant to
its responsibility as a Party to ILO Convention 147, the Coast Guard will
investigate complaints related to alleged violations of that convention. The
Coast Guard or RCS will verify compliance against the applicable standards
as published in the MLC. Refer to Enclosure (10) to this NVIC on complaints
procedures.

(b)

Vessel owners/operators should—
i. Establish procedures on board to register any seafarer complaints
regarding a breach of the requirements of ILO Convention 147;
ii. Ensure that the onboard complaint procedures include the right of the
23

Enclosure (1) to NVIC New-13
seafarer to be accompanied or represented during the complaints
procedure, and safeguards against the possibility of retaliation against
seafarers for filing complaints; and
iii. Ensure that all seafarers are provided with a copy of the onboard
complaint procedures applicable on the vessel.
(c)

Inspectors should—
i. Review any relevant documents outlining the onboard complaint
procedures to confirm that the procedures are in place on the vessel and
that seafarers are provided with or have access to the procedures.
ii. Confirm that the onboard complaint procedures allow seafarers to make
complaints directly to the master or an external authority.
iii. Interview various crewmembers in private to confirm that they are familiar
with the complaint process and that there is no retaliation against
crewmembers who follow the procedures.

7. Deficiencies:
a. Even though compliance with the MLC is voluntary for U.S.-flag vessels, marine
inspectors should certify that such vessels are in substantial compliance with the U.S.
laws and regulations or other measures conforming to the MLC requirements before issuing
an SOVC-MLC.
b. The MLC allows marine inspectors to exercise their professional judgment when
identifying deficiencies. The vessel owner/operator will determine the appropriate action
for compliance and/or correction of the deficiency and submit the action to the inspector
for approval.
c. Any discrepancies identified by Coast Guard inspectors that relate to current U.S. laws or
regulations shall be documented on the CG-835 form and issued to the master or vessel
representative to take corrective action. The marine inspector is responsible for
determining an appropriate length of time during which a deficiency can be resolved and
if the discrepancy would prevent the issuance of the SOVC-MLC.
d. Deficiencies involving MLC standards where no corresponding U.S. laws or regulations
apply or where laws or regulations falling under the jurisdiction of another U.S.
governmental agency apply should be noted as a work-list item on which the master or
vessel representative can take corrective action prior to the issuance of the SOVC-MLC.
e. For a RCS, deficiencies should be issued and documented in accordance with the current
organizational guidelines prescribed by the particular RCS. The RCS surveyor is
responsible for determining if an outstanding discrepancy would prevent the issuance of
the SOVC-MLC.
24

Enclosure (1) to NVIC 02-13

8. Appeals: A vessel owner/operator or master, or a vessel representative, may appeal any
deficiencies issued by the attending marine inspector (Coast Guard or RCS), to the Coast
Guard in accordance with the procedures outlined in 46 CFR 1.03.
9. Documenting the Inspection:
a. At the conclusion of an MLC inspection conducted by the Coast Guard, the marine
inspector shall issue to the master or vessel representative a U.S. Coast Guard MLC
Inspection report (CG-16450C) (Enclosure (11)). This inspection report was created to
meet the requirements of Standard A5.1.4, paragraph 12 of the Code. Copies of any CG835 forms documenting deficiencies shall be attached to the inspection report.
b. When the MLC inspection is conducted as part of a COI or annual re-inspection, a
notation stating that applicable portions of the MLC were examined along with any
notable details of the inspection shall be made within the activity’s narrative. If the MLC
inspection is conducted as a standalone inspection for issuance of a certificate, it should
be documented as an “ILO-147 Exam” under the “Vessel Inspection/PSC” sub-activity
type. The ILO-147 Exam shall be used until an MLC Exam sub-activity is added into the
Coast Guard’s Marine Information for Safety and Law Enforcement database. Adequate
details documenting the inspection shall be noted in the activity’s narrative. Once issued,
a copy of the SOVC-MLC certificate and inspection report shall be scanned and attached
into the vessel’s list of documents.
c. At the conclusion of an MLC inspection conducted by an RCS, the surveyor should
document the inspection using the forms and procedures outlined in their respective
organizational guidelines.

25

Enclosure (2) to NVIC 02- 13

DEFINITIONS
1. Background. The intent of the Maritime Labour Convention (MLC), 2006, is to ensure that
all seafarers have the right to decent working and living conditions. The Convention allows
flexibilities for administrations, in consultation with shipowner and seafarer representatives,
to determine the scope of application of the Convention. The below definitions and
additional guidance is a result of these consultations and explain the application of the MLC
2006 to U.S. vessels operating in international trade.
2. Seafarer.
a. MLC Definition.
(1) Article II of the Convention defines a seafarer as “any person who is employed or
engaged or works in any capacity on board a ship to which this Convention applies.”
(2) To clarify the definition of seafarer, the International Labor Conference at its 94th
(Maritime) Session adopted guidance for governments. International Labour
Organization (ILO) Conference Resolution VII, Concerning information on
Occupational Groups, identified criteria that should be considered when determining
whether certain personnel should be counted as seafarers for the purpose of the MLC
2006.
b. United States Interpretation and Application.
(1) 46 U.S.C. 10101 provides a definition of seaman as “an individual (except scientific
personnel, a sailing school instructor, or a sailing school student) engaged or
employed in any capacity on board a vessel.” This definition appears in part G of
title 46 and relates to the welfare of seaman. This definition is consistent with the
MLC definition. However, as above, care must be taken not to read the clause “in
any capacity” too literally. With respect to a vessel’s liability to a seaman, U.S.
courts significantly narrowed this definition. During the Coast Guard’s consultations
with seafarer and shipowner organizations (tripartite consultations), all parties agreed
that the definition of seaman, as it applies to the MLC, should take into account the
criteria of Conference Resolution VII to consider who may be excluded. There are
persons working on board U.S. vessels that meet one or more of the criteria specified
in that Resolution and, therefore, would not be considered seafarers for the purpose of
MLC application. The ILO criteria for determining whether a person is considered a
seaman is as follows:

Enclosure (2) to NVIC 02- 13
(a) The duration of the stay on board of the persons concerned;
(b) The frequency of periods of work spent on board;
(c) The location of the person’s principal place of work;
(d) The purpose of the person’s work on board;
(e) The protection that would normally be available to the persons concerned with
regard to their labour and social conditions to ensure they are comparable to that
provided for under the Convention.
(2) For the purpose of this Navigation and Vessel Inspection Circular (NVIC), the
following definition for seafarer should apply: Except as otherwise provided below,
seafarer, for the purpose of application of the MLC 2006, means an individual,
including the master, engaged or employed in any capacity on board a vessel. This
definition of seafarer will generally not apply to:
(a) The owner of the vessel or a person (except the master) representing the owner;
(b) Law enforcement personnel, in their capacity as law enforcement personnel, such
as government or military personnel;
(c) Persons temporarily employed on the vessel in port and whose principal place of
work is ashore, such as inspectors, surveyors, port workers, or superintendents;
(d) Persons who are working on a seagoing vessel on an occasional and short-term
basis. This may include pilots, fitters, guest instructors, entertainers, shipyard
personnel, or repair technicians;
(e) United States citizens who perform special work on board the vessel that do not
support the routine business of the vessel or provide services for persons carried
on board, such as scientific personnel, researchers, specialist offshore
technicians, salvage personnel, cable-laying personnel, seismic personnel, divers,
pipe-laying personnel, industrial personnel, offshore workers, or crane operating
personnel; or
(f) Persons who are considered exempt from the provisions of 46 USC that, relate to
the welfare of seamen, such as scientific personnel working aboard
oceanographic research vessels and sailing school instructors or sailing school
students on board sailing school vessels.
(3) Solely with respect to non-U.S. citizens who perform special work on board the
vessel that does not support the routine business of the vessel or provide services for
persons carried on board, if it can be demonstrated that a person’s shore-side legal
and social system provides protections that are comparable to that provided by MLC
2006, such a person may be considered excluded from the definition of a seafarer.
This may include workers that are employed by third parties not directly associated
2

Enclosure (2) to NVIC 02- 13
with the routine business of the ship, whose terms of employment provide
comparable protection. Such persons may include scientific personnel, researchers,
specialist offshore technicians, salvage personnel, cable-laying personnel, seismic
personnel, divers, pipe-laying personnel, industrial personnel, offshore workers, or
crane operating personnel. The shipowner should be prepared to demonstrate that
these persons are provided comparable protections to justify their exclusion.
(4) Determinations of seafarer status should not be based solely on a person’s job title.
(5) Determinations of seafarer status, should, if practicable, be annotated in the
Declaration of Maritime Labour Compliance (DMLC) Part II for the particular vessel,
including the criteria and rationale for any personnel excluded. In the event of doubt
as to whether a person is a seafarer for the purpose of the MLC, the question should
be raised to the Coast Guard. The Coast Guard will consult with the seafarer and
shipowner organizations where appropriate. Because the United States is not
currently a party to MLC 2006, when undergoing a foreign Port State Control
inspection, the burden of establishing the status of personnel on board the vessel will
ultimately rest with the shipowner.
3. Ship.
a. MLC Definition.
(1) Article II of the Convention defines ship and explains the applicability of the
Convention as follows:
(a) “ship means a ship other than one which navigates exclusively in inland waters
or areas where port regulations apply.”
(b) “…this Convention applies to all ships whether publicly or privately owned,
ordinarily engaged in commercial activities, other than ships engaged in fishing
or in similar pursuits and ships of traditional build such as dhows and junks.
This Convention does not apply to warships or naval auxiliaries.”
b. United States Interpretation and Application.
(1) The United States does not generally use the word “ship,” instead using the term
“vessel,” modified by “motor,” “steam,” “passenger,” etc. Definitions abound in both
statute and regulations for different modes of self-propelled vessels. However, for the
purpose of this NVIC, a ship is considered to be a self-propelled commercial vessel,
3

Enclosure (2) to NVIC 02- 13
including MODUs, engaging on international voyages to ports of ratifying nations.
Refer to the Applicability section in Enclosure (1) to this NVIC for additional
information.
(2) Because it has not ratified the MLC, the United States cannot compel compliance
upon any ship, U.S.-flagged or otherwise. The guidance in this NVIC is applicable
only to U.S.-flagged ships engaged in international voyages, meaning those ships that
will enter the ports of countries that are parties to the MLC and thus be subject to
PSC inspections. Should the United States ratify it should be recognized that the
Convention has a broader applicability than this NVIC.
(3) Until such time as the United States ratifies the MLC, “ship,” for the purpose of this
NVIC, means a self-propelled vessel in commercial service that engages in
international voyages, meaning those ships that will enter the ports of countries that
have ratified the MLC. . This definition does not apply to—
(a) Fishing vessels as defined in 46 U.S.C. 2101(11)(a);
(b) Fishing vessels used as fish-tender vessels, as defined in 46 U.S.C. 2101(11)(c),
of not more that 500 GT;
(c) All vessels that navigate exclusively on the Great Lakes, Strait of Juan de Fuca
inside passage, or on the inland waters of the U.S.;
(d) Fish-processing vessels, as defined in 46 U.S.C. 2101(11)(b), of not more than
5000 GT;
(e) All barges as defined in 46 U.S.C. 102 and non-self-propelled MODUs;
(f) All nautical school vessels, as defined in 46 U.S.C. 2101(17); and all
oceanographic research vessels, as defined in 46 U.S.C. 2101(18); and
(g) All traditional build ships (junks dhows).
(4) 46 U.S.C. 2101 provides a definition for commercial service as “including any type of
trade or business involving the transportation of goods or individuals, expect service
performed by a combatant vessel.” This definition is consistent with the MLC
definition.
(5) In the Coast Guard’s consultation with shipowner and seafarer organizations, the
definition of navigate was interpreted to include the requirement that the vessel be
able to manage or control its course under its own power. Therefore, the Convention
should apply only to self-propelled vessels. This interpretation is consistent with the
intent and scope of the MLC and with the application of the International Convention
4

Enclosure (2) to NVIC 02- 13
on Standards of Training, Certification and Watchkeeping for Seafarers (STCW),
1978, and the ILO Merchant Shipping (Minimum Standards) Convention, 1976 (No.
147).
(6) The exclusions provided in paragraph (3) above are consistent with those noted in
Article II, paragraphs 1 and 4 of the Convention. Under U.S. laws and regulation,
however, seafarers working on board vessels excluded from the application of the
Convention are provided with protections substantially equivalent to those required
by the Convention.
4. Shipowner.
a. MLC Definition. Article II of the Convention defines shipowner as follows: “Shipowner
means the owner of a ship or any other organization or person such as the manager, agent
or bareboat charterer, who has assumed the responsibility for the operation of the ship
from the owner and who, on assuming such responsibility, has agreed to take over the
duties and responsibilities imposed on shipowners in accordance with this Convention,
regardless of whether any other organization or persons fulfill certain of the duties or
responsibilities on behalf of the owner.”
b. United States Interpretation and Application.
(1) Shipowner is not specifically defined in U.S. statutes or regulations. For the purpose
of application of the MLC 2006 and this NVIC, the definition of shipowner is as
follows:
(a) The owner of a vessel to which the Convention applies; or
(b)

Any other person who has assumed the responsibility for the operation of a
vessel from the owner, and has agreed to assume with respect to the vessel
responsibility for complying with all the requirements of the Convention. This
would include the vessel operator.

(2) The MLC 2006 covers a diverse group of issues that impose different requirements
on shipowners. To ensure and facilitate compliance with these requirements, it is
necessary that the company documents the responsibility, authority, and interaction of
all personnel who manage the compliance with the MLC requirements. This
definition is consistent with the definition for the implementation requirements for the
International Safety Management (ISM) and International Ship and Port Facility
Security (ISPS) Codes.

5

Enclosure (3) to NVIC 02-13

MARITIME LABOUR CERTIFICATE
(Statement of Voluntary Compliance)
(This certificate shall have a Declaration of Maritime Labour Compliance attached)
Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention,
2006 (referred to below as “the Convention”), and Coast Guard Navigation and Vessel
Inspection Circular 02-13, COMDTINST P16700.4 (series) under the authority of the
Government of:

THE UNITED STATES OF AMERICA
By the
United States Coast Guard

Particulars of the ship:

Name of ship …………………………………………………………………………………….
Distinctive numbers or letters ……………………………………………………………………
Port of registry ………………………………………………………………………………….
Date of registry …………………………………………………………………………………..
Gross tonnage¹ ………………………………..………………………..…………………..……
IMO number ……………………………………………………………………………………..
Type of ship ……………………………………………………………...………………………
Name and address of shipowner² ………………………………………………………………..
……………………………………………………………………………………………………
_______________________________________________________________________________

1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that
which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II (1) (c) of
the Convention.
2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent, or bareboat
charterer, who has assumed responsibility for the operation of the ship from the owner and who, on assuming such
responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this
Convention, regardless of whether any other organizations or persons fulfill certain of the duties or responsibilities on
behalf of the shipowner. See Article II (1)(j) of the Convention.

Page 1 of 3

Enclosure (3) to NVIC 02-13
This is to certify that:
1. This ship has been inspected and verified to be in compliance with the requirements of the
Convention and the provisions of the attached Declaration of Maritime Labour Compliance.
2. The seafarers’ working and living conditions specified in Appendix A5-I of the Convention
were found to correspond to the abovementioned country’s national requirements implementing
the Convention. These national requirements are summarized in the Declaration of Maritime
Labour Compliance, Part I.
This Certificate is valid until ...................................., subject to inspections in accordance with
Standards A5.1.3 and A5.1.4 of the Convention.
This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at
......................................................................... on .......................................................... is attached.
Completion date of the inspection on which this Certificate is based was.........................................

Issued at ……………………………………………………………………………
(Place of issuance of Certificate)

…………………….

…………..………………………………………….….

(Date of issuance)

(Signature of authorized official issuing the Certificate)

Endorsements for mandatory intermediate inspection and, if required, any additional inspection
This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the
Convention and that the seafarers’ working conditions specified in Appendix A5-I of the Convention were
found to correspond to the abovementioned country’s national requirements implementing the
Convention.

Intermediate inspection
(To be completed between the second
and third anniversary dates)

Signed ……………………………………….
(Signature of authorized official)

Place …………………………………………
Date ………………………………………….
(Seal or stamp of the authority, as appropriate)

Page 2 of 3

Enclosure (3) to NVIC 02-13
Additional endorsements (if required)
This is to certify that the ship was the subject of an additional inspection for the purpose of
verifying that the ship continued to be in compliance with the national requirements implementing
the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or
substantial alteration of accommodation) or for other reasons.

Additional inspection
(If required)

Signed ……………………………………….
(Signature of authorized official)

Place …………………………………………
Date ………………………………………….
(Seal or stamp of the authority, as appropriate)

Additional inspection
(If required)

Signed ……………………………………….
(Signature of authorized official)

Place …………………………………………
Date ………………………………………….
(Seal or stamp of the authority, as appropriate)

Additional inspection
(If required)

Signed ……………………………………….
(Signature of authorized official)

Place …………………………………………
Date ………………………………………….
(Seal or stamp of the authority, as appropriate)

Page 3 of 3

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance)
(This Declaration must be attached to the ship’s Maritime Labour Certificate)
Issued under the authority of the Government of:
THE UNITED STATES OF AMERICA
By the
United States Coast Guard

With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship:

Name of Ship

IMO Number

Gross Tonnage

Is maintained in accordance with Standard A5.1.3 of the Convention.
The undersigned declares, on behalf of the abovementioned competent authority, that—
(a) The provisions of the Maritime Labour Convention are substantially embodied in the national requirements referred to
below;
(b) These national requirements are contained in the national provisions referenced below; explanations concerning the content
of those provisions are provided where necessary;
(c) The details of any substantial equivalencies under Article VI, paragraphs 3 and 4, under the corresponding national
requirement are listed below;
(d) Any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided
for this purpose below; and
(e) Any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
1. Minimum age (Regulation 1.1):
29 CFR 570.2 mandates 16 years of age as the minimum age for most non-agricultural work. This regulation is the basis of
the minimum age requirements on all U.S. vessels. Refer to Enclosure (8) of Coast Guard NVIC 02-13 for a list of
hazardous activities that are likely to jeopardize the health and safety of young seafarers. Exemptions from the night work
restrictions are allowed in the case of training programs approved by the Coast Guard in accordance with 46 CFR
subchapter B.
2. Medical certification (Regulation1.2):
46 CFR 10.215 defines the medical and physical requirements to qualify for a Merchant Mariner Certificate (MMC). All
U.S. seafarers serving in vessels to which the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978, applies must hold a MMC, that is valid for 5 years, which is proof that the
seafarer is in compliance with the medical requirements.. The Coast Guard intends to issue a 2-year medical certificate in
compliance with the STCW 2010 amendments as soon as the STCW regulations are published. Full compliance with a 2year medical certificate is expected by 1 January 2017 in accordance with the 2010 amendments to the STCW Convention.

Page 1 of 6

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance) (continued)
3. Qualifications of seafarers (Regulation 1.3): (Substantial Equivalency Noted)
United States law for the issuance of credentials for both officers and ratings is found in 46 USC chapters 71 and 73
respectively. Additionally, 46 USC chapters 83 and 87 preclude the hiring of individuals on board vessels without the
appropriate credentials authorizing service in the capacity in which the individuals are to be engaged or employed.
U.S. regulations in 46 CFR 15.1103 require that no person on board a seagoing vessel operating beyond the Boundary Line
may employ or engage any person to serve without an STCW endorsement, where such a credential is required.
46 CFR 15.405 and 15.1105 require individuals to be familiar with the vessel’s arrangement, equipment, procedures, and
characteristics relevant to their routines or emergency duties or responsibilities, in accordance with STCW Regulation I/14
In addition, 46 CFR 15.1105 requires that: 1) all persons prior to being assigned shipboard duties receive familiarization
and/or basic safety training in accordance with STCW Regulation VI/1, as appropriate; and 2) persons serving as part of the
crew complement or who are assigned a responsibility on the muster list must receive basic safety training in accordance
with STCW Regulation VI/1.
46 USC 8103(3) and 46 CFR 15.720 authorize the use of non-U.S. citizens as seafarers on board Offshore Supply Vessels
(OSVs) operating from a foreign port, and Mobile Offshore Drilling Units (MODUs) operating beyond the water above the
U.S. Outer Continental Shelf, provided the non-U.S. seafarer holds a credential equivalent in experience, training, and other
qualifications to the U.S. credential required for the position.
4. Use of any licensed or certified or regulated private recruitment and placement services (Regulation 1.4):
46 USC 10314 and 10505 specify that a person may not receive remuneration for providing seafarers with employment.
Additionally, a seafarer’s wages may not be garnished with respect to his or her engagement on board the vessel. Union
hiring halls in the United States are funded and maintained through collective bargaining agreements regulated by Federal
Law (Taft-Hartley Act) and must meet the applicable requirements of the MLC as specified in Standard 1.4, paragraph 3,
which recognizes collective bargaining agreements as complying with the intent of Regulation 1.4.
5. Seafarers’ employment agreements (Regulation 2.1): (Substantial Equivalency Noted)
46 USC 10301 and 10302, and 46 CFR 14.201 specifies when articles are required and notes that, for all foreign voyages,
vessel owners/operators make a shipping agreement in writing with each seafarer before the seafarer commences
employment. Coast Guard NVIC 1-86 establishes the procedures for the shipment and discharge of seafarers aboard U.S.flag vessels. 46 CFR 14.207 specifies that the content and form of shipping articles must conform to form CG-705A. Coast
Guard NVIC 1-86 specifies that any other form complying with the requirements of the U.S. statutes noted above may be
used. The minimum requirements contained in the shipping agreement are in keeping with those outlined in Regulation 2.1
of the MLC.
46 U.S.C. 10311 and 46 CFR 14.307 require that the master or individual in charge of a vessel provide each seafarer with a
Certificate of Discharge documenting sailing dates and capacities. The certificate must be signed by both the master or
individual in charge and the seafarer, and may not contain a reference about the character or ability of the seafarer. In
addition, 46 U.S.C. 7302 and 46 CFR 14.305 specify that seafarers may obtain a Continuous Discharge Book that
documents sailing dates and capacities. Proper entries to the book must be made by the master.
6. Payment of wages (Regulation 2.2):
United States statute establishes the seafarer’s entitlement to wages for work performed and payment at the beginning of the
voyage and at the end of the voyage, and penalties for non-compliance; 46 USC 10310, 10312, 10313, and 10314. 46
U.S.C. 10315 (Allotments) establishes the measures for allotments. Collective bargaining agreements also specify payment
intervals and conditions of payments.

Page 2of 6

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance) (continued)
7. Hours of work or rest (Regulation 2.3): (Substantial Equivalency Noted)
The United States will comply with MLC 2006 by establishing minimum hours of rest. The U.S. standards for work and
rest hours are contained in 46 CFR 15.1111.
8. Manning levels for the ship (Regulation 2.7):
46 CFR part 15 requires that all vessels operating beyond the boundary line meet the STCW certification and watchkeeping
requirements. 46 CFR 15.103 outlines the requirements for a vessel to be properly manned with a minimum number of
officers and rated crew. Vessels required to be inspected under 46 USC 3301 are required to be manned with the minimum
complement as stated on the vessel’s COI per the requirements of 46 CFR 15.501.
Under Article 1 of the Officer’s Competency Certificates Convention (OCCC) 1936, national laws or regulations may grant
exceptions or exemptions with respect to vessels of less than 200 GT as measured under the Regulatory Measurement
System, hereafter “GRT.” The United States invoked this clause and granted a general exception for all vessels of less than
200 GRT (GT ITC if GRT not assigned) navigating beyond the Boundary Lines (see 46 USC 8304(b)(4) and 46 CFR
15.701(a)), including vessels engaged on international voyages. However, as amended, Article II.6 of the MLC specifies
that such a determination may be made only with respect to vessels of less than 200 GT ITC (GRT if GT ITC not assigned)
not engaged in international voyages. Accordingly, an individual in charge of the navigation or maneuvering, as well as an
individual engaged or employed to perform the duties of chief engineer, on a mechanically propelled, uninspected, seagoing,
documented vessel of less than 200 GT ITC (GRT if GT ITC not assigned) should hold an appropriately endorsed license or
MMC authorizing service in such a capacity, when engaged on a voyage to an MLC ratifying nation.
9. Accommodation (Regulation 3.1):
The United States ratified ILO Convention 147, which includes Convention 92 (Accommodations of Crews Convention
(Revised)) and Convention 133 (Accommodations of Crews Convention) as appended Conventions. The U.S. instrument of
ratification for ILO 147 established that U.S. domestic laws and regulations were substantially equivalent to the provision in
the Appended Conventions that the United States did not ratify, including ILO Convention 133 (Accommodations of Crews,
1970) and ILO Convention 92 (Accommodation of Crews Convention (Revised), 1949). The United States satisfied itself
that the general goals of the instrument of ILO Convention 133 are being respected. No specific legislation or regulations
were implemented to bring the United States into conformity with the general goals of Convention 133. See COMDTINST
16711.12 (series) for additional information. United States shipping laws and regulations that apply to vessels registered in
the U.S. territory require compliance with minimum safety standards. Generally, the inspection of vessels and the
accommodation of seafarers is provided in the following shipping laws: 46 U.S.C. subtitle II, chapter 33 (inspections) and
46 U.S.C. 11101 (accommodations applicable to vessels more than 100 GRT).
Specific requirements for inspection and certification, construction and arrangement (including accommodation construction
and recreational facilities) are found in various subchapters of the regulations based on the type of vessel. These subchapters
are:
46 CFR 24-28 subchapter C (uninspected towing vessels, 6 and 12 passengers)
46 CFR 30-39 subchapter D (tank vessels)
46 CFR 70-89 subchapter H (passenger vessels)
46 CFR 90-105 subchapter I (cargo and miscellaneous vessels)
46 CFR 107-109 subchapter I-A (MODUs)
46 CFR 114-124 subchapter K (small passenger vessels less than 100 GT carrying more than 150 passengers, or has
overnight accommodations for more than 49 passengers)
46 CFR 125-139 subchapter L (OSVs)
46 CFR 175-187 subchapter T (small passenger vessels less than 100 GT carrying 150 or less passengers, or has overnight
accommodations for 49 or less passengers)
These regulations are substantially equivalent to the applicable requirements of ILO Conventions 92, 133, and 147.

Page 3 of 6

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance) (continued)
10. Onboard recreational facilities (Regulation 3.1):
The United States ratified ILO Convention 147, which includes Convention 92 (Accommodations of Crews Convention
(Revised)) and Convention 133 (Accommodations of Crews Convention) as appended Conventions. The U.S. instrument of
ratification for ILO Convention 147 established that U.S. domestic laws and regulations were substantially equivalent to the
provision in the Appended Conventions that the United States did not ratify, including ILO Convention 133
(Accommodations of Crews, 1970) and ILO Convention 92 (Accommodation of Crews Convention (Revised), 1949). The
United States satisfied itself that the general goals of the instrument of ILO Convention 133 are being respected. No
specific legislation or regulations were implemented to bring the United States into conformity with the general goals of
Convention 133. See COMDTINST 16711.12 (series) for additional information. United States shipping laws and
regulations that apply to vessels registered in the U.S. territory require compliance with minimum safety standards.
Generally, the inspection of vessels and the accommodation of seafarers is provided in the following shipping laws: 46
U.S.C. subtitle II, chapter 33 (inspections) and 46 U.S.C. 11101 (accommodations applicable to vessels more than 100
GRT).
Specific requirements for inspection and certification, construction and arrangement (including accommodation construction
and recreational facilities) are found in various subchapters of the regulations based on the type of vessel. These regulations
are substantially equivalent to the applicable requirements of ILO Conventions 92, 133, and 147. Vessels built prior to the
entry into force date of ILO Convention 147 to the United States must also comply with the applicable regulations above.
11. Food and catering (Regulation 3.2):
46 USC 10303 requires that a seafarer be served at least 3 meals a day, including adequate water and adequate protein,
vitamins, and minerals in accordance with the U.S. Recommended Daily Allowances. Refer to Enclosure (9) of Coast
Guard NVIC 02-13 for competency guidelines for vessel cooks.
42 CFR 71.45 requires that the quality of potable water, taken on board a ship at any U.S. port intended for human
consumption thereon shall be obtained from sources approved in accordance with standards established in title 21, Code of
Federal Regulations, parts 1240 and 1250(b).

12. Onboard medical care (Regulation 4.1):
46 USC 11101 states that a merchant vessel of the United States that, in the ordinary course of trade, makes a voyage of
more than 3 days between ports and carries a crew of at least 12 shall have a hospital compartment suitably separated from
other spaces. The compartment shall have at least 1 bunk for each 12 seafarers constituting the crew (but not more than 6
bunks may be required). Additionally, specific requirements for inspection and certification, and construction and
arrangement (including accommodation construction and recreational facilities) are found in various subchapters of the
regulations based on the type of vessel.
46 USC 11102 requires the following vessels to carry a medicine chest for the care of sick and injured seamen: 1) vessels
on a voyage from a port in the United States to a foreign port (except to a Canadian port); and 2) vessels of 75 GT or more
on a voyage between a port in the United States on the Atlantic and Pacific oceans.
Collective bargaining agreements define medical benefits and eligibility seafarers on board a vessel and ashore. Unionized
seafarers receive preventive measures. Vessel owners/operators are responsible for sick and injured seafarers in accordance
with the general maritime law remedy of Maintenance and Cure. Maintenance and Cure provides for medical coverage for
seafarers while in the service of a vessel (including shore leave). Cure benefits provide for payment of reasonable and
necessary medical care until the seafarer has reached a level of maximum cure. Cure includes first aid and emergency
treatment, transportation to medical facilities, treatment at clinics and hospitals, diagnostic tests, medication, physical
therapy, specialists, surgery, rehabilitation, and all other reasonable and necessary medical needs.

Page 4of 6

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance) (continued)
13. Health and safety and accident prevention (Regulation 4.3):
The Occupational Safety and Health Act, 29 USC chapter 15, was enacted to ensure that employers provide their workers a
place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise
levels, mechanical dangers, heat or cold stress, and unsanitary conditions.
46 USC chapter 32 and 33 CFR part 96 require establishment of safety management systems on board vessels that provide
procedures for responding to emergencies, protection of the environment, reporting of incidents, and addressing
nonconformities. Internal audits and management reviews of the onboard system must be maintained.
Company and/or industry-wide management systems, such as the Responsible Carrier Program, that provide procedures for
responding to emergencies, protection of the environment, reporting of incidents, and addressing nonconformities are
acceptable industry practices meeting this MLC requirement.
14. On-board complaint procedures (Regulation 5.1.5):
There are no U.S. laws or regulations that mirror the requirements of Regulation 5.1.5 of the MLC. However, many
Collective Bargaining Agreements include procedures that seafarers should follow to voice complaints on board a vessel.
With respect to safety concerns, the Coast Guard, in agreement with the Occupational Health and Safety Administration
(OSHA), has authority to protect seafarers from retaliation for filing safety complaints pursuant to 46 USC 2114. Pursuant
to its responsibility as a Party to ILO Convention 147, the Coast Guard will investigate complaints related to alleged
violations of that convention. The Coast Guard or RCS will verify compliance against the applicable standards as published
in the MLC. Refer to Enclosure (10) of NVIC 02-13 for complaints procedures.

Substantial Equivalencies
The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where
stated above, are noted.
1. Medical Certification: For U.S. seafarers who do not hold a valid MMC, a medical certificate with a maximum validity
period of 2 years attesting that they are medically fit to perform their respective shipboard duties will be acceptable. For nonU.S. seafarers, a medical certificate with a maximum validity period of 2 years and issued by a medical practitioner recognized
by the administration of the country of origin will be considered as equivalent.
2. Qualification of Seafarers: For personnel that are not required to be credentialed, evidence of acceptable industry training or
company training may be accepted as being substantially equivalent with the MLC training and certification requirements.
3. Seafarers Employment Agreements: Contractual agreements between the seafarer and the vessel owner/operator or third
party should be accepted for non-traditional seafarer personnel, provided the agreements include the minimum requirements
specified in Coast Guard NVIC 1-86, as appropriate, as being substantially equivalent to the MLC employment agreement
provisions.
4. Hours of Work or Rest: The Coast Guard published a guidance document, CG-CVC Policy Letter 12-05, in compliance with
the STCW 2010 amendments to the hours of rest. The requirements in that policy letter are substantially equivalent with the
MLC standards contained in Regulation 2.3. The policy letter includes a requirement for recording hours of rest.

Name: …………………………………….…………
Title: ………………………………….……………..
Signature: ……………………………………………
Place: ………………………………………………..
Date: …………………………………………………

Page 5 of 6

Enclosure (4) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I
(Statement of Voluntary Compliance) (continued)
Exemptions
The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted:
………………………………………………………………………………………………………………………………………
……………………….……………………………………………………………………………………………………………...
………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………

Name: …………………………………….…………
Title: ………………………………….……………..
Signature: ……………………………………………
Place: ………………………………………………..
Date: …………………………………………………

Page 6 of 6

Enclosure (5) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART II
(Statement of Voluntary Compliance)
Measures adopted to ensure ongoing compliance between inspections
The following measures have been drawn up by the owner/operator, named in the Maritime Labour Certificate
to which this Declaration is attached, to ensure ongoing compliance between inspections:
(The owner/operator should identify the measures they have put in place to ensure ongoing compliance with the U.S.
National Requirements listed in the SOVC-DMLC Part I. Specific measures for each of the 14 requirements are to be
clearly drafted to ensure flag state and port state inspectors are easily able to check the requirements are being properly
implemented. It’s recommended that owner/operator make reference more comprehensive documentation covering
policies or procedures in the appropriate sections.)

1. Minimum age (Regulation 1.1)

2. Medical certification (Regulation1.2)

3. Qualifications of seafarers (Regulation 1.3)

4. Use of any licensed or certified or regulated private recruitment and placement services (Regulation 1.4)

5. Seafarers’ employment agreements (Regulation 2.1)

6.

Payment of wages (Regulation 2.2)

7.

Hours of work or rest (Regulation 2.3)

8.

Manning levels for the ship (Regulation 2.7)

9.

Accommodation (Regulation 3.1)

10, Onboard recreational facilities (Regulation3.1)

Enclosure (5) to NVIC 02-13

DECLARATION OF MARITIME LABOUR COMPLIANCE - PART II
(Statement of Voluntary Compliance) (continued)
11. Food and catering (Regulation 3.2)

12. Onboard medical care (Regulation 4.1)

13. Health and safety and accident prevention (Regulation) 4.3)

14. Onboard complaint procedures (Regulation 5.1.5)

I hereby certify that the above measures have been developed to ensure ongoing compliance, between inspections, with
the requirements listed in Part I of this Declaration.
Name of shipowner: …….…………………………….…………
Company address: …………………………………………………
…………………………………………………
…………………………………………………
Title: ………………………………….……………..
Signature: ……………………………………………
Date: …………………………………………………
(Stamp or seal of the ship-owner)

The above measures have been reviewed by (insert name of competent authority or duly recognized organization) and,
following inspection of the ship, have been determined as meeting the purposes set out under Standard A5.1.3, paragraph
10(b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this
Declaration.
Name: …………………………………….…………
Title: …………………………………………………
Address: ………………………………..……………
………………………..……………………
……………………………….……………
Signature: ………………………………….…..……..
Place: …………………………………………………
Date: …………………………………………………
(Seal or Stamp of authority as appropriate)

Enclosure (6) to NVIC 02-13

OWNER/OPERATOR DECLARATION OF MARITIME LABOUR
COMPLIANCE
This declaration to the requirements of the Maritime Labour Convention, 2006 has been prepared by
__________________________________________________
(Owner/operator)

This declaration by the owner/operator is subject to verification at all U.S. Coast Guard Inspections

Name of Ship

Official Number

Gross Tonnage

On behalf of the abovementioned owner/operator:
(a) The national requirements of the United States are contained in the national provisions referenced below, and;
(b) Ongoing measures have been drawn up by the owner/operator to ensure ongoing compliance.
1. Minimum age (Regulation 1.1):
U.S. National Requirements: 29 CFR 570.2 mandates 16 years of age as the minimum age for most non-agricultural work.
This regulation is the basis of the minimum age requirements on all U.S. vessels. Refer to Enclosure (8) of Coast Guard
NVIC 02-13 for a list of hazardous activities that are likely to jeopardize the health and safety of young seafarers.
Exemptions from the night work restrictions are allowed in the case of training programs approved by the Coast Guard in
accordance with 46 CFR subchapter B.
Owner/operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
2. Medical certification (Regulation1.2):
U.S. National Requirements: 46 CFR 10.215 defines the medical and physical requirements to qualify for a Merchant
Mariner Certificate (MMC). All U.S. seafarers serving in vessels to which the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW), 1978, applies must hold a MMC, that is valid for 5 years,
which is proof that the seafarer is in compliance with the medical requirements.. The Coast Guard intends to issue a 2-year
medical certificate in compliance with the STCW 2010 amendments as soon as the STCW regulations are published. Full
compliance with a 2-year medical certificate is expected by 1 January 2017 in accordance with the 2010 amendments to the
STCW Convention. Non-U.S. seafarers must hold a valid medical certificate with a maximum validity period of 2 years and
issued by a medical practitioner authorized by the administration of the country of origin.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
3. Qualifications of seafarers (Regulation 1.3):
U.S. National Requirements: United States law for the issuance of credentials for both officers and ratings is found in 46
USC chapters 71 and 73 respectively. Additionally, 46 USC chapters 83 and 87 preclude the hiring of individuals on board
vessels without the appropriate credentials authorizing service in the capacity in which the individuals are to be engaged or
employed.
U.S. regulations in 46 CFR 15.1103 require that no person on board a seagoing vessel operating beyond the Boundary Line
may employ or engage any person to serve without an STCW endorsement, where such a credential is required.

Enclosure (6) to NVIC 02-13
46 CFR 15.405 and 15.1105 require individuals to be familiar with the vessel’s arrangement, equipment, procedures, and
characteristics relevant to their routines or emergency duties or responsibilities, in accordance with STCW Regulation I/14
In addition, 46 CFR 15.1105 requires that: 1) all persons prior to being assigned shipboard duties receive familiarization
and/or basic safety training in accordance with STCW Regulation VI/1, as appropriate; and 2) persons serving as part of the
crew complement or who are assigned a responsibility on the muster list must receive basic safety training in accordance
with STCW Regulation VI/1.
46 USC 8103(3) and 46 CFR 15.720 authorize the use of non-U.S. citizens as seafarers on board Offshore Supply Vessels
(OSVs) operating from a foreign port, and Mobile Offshore Drilling Units (MODUs) operating beyond the water above the
U.S. Outer Continental Shelf, provided the non-U.S. seafarer holds a credential equivalent in experience, training, and other
qualifications to the U.S. credential required for the position.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
4. Use of any licensed or certified or regulated private recruitment and placement services (Regulation 1.4):
U.S. National Requirements: 46 USC 10314 and 10505 specify that a person may not receive remuneration for providing
seafarers with employment. Additionally, a seafarer’s wages may not be garnished with respect to his or her engagement on
board the vessel. Union hiring halls in the United States are funded and maintained through collective bargaining
agreements regulated by Federal Law (Taft-Hartley Act) and must meet the applicable requirements of the MLC as
specified in Standard 1.4, paragraph 3, which recognizes collective bargaining agreements as complying with the intent of
Regulation 1.4.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
5. Seafarers’ employment agreements (Regulation 2.1):
U.S. National Requirements: 46 USC 10301 and 10302, and 46 CFR 14.201 specifies when articles are required and notes
that, for all foreign voyages, vessel owners/operators make a shipping agreement in writing with each seafarer before the
seafarer commences employment. Coast Guard NVIC 1-86 establishes the procedures for the shipment and discharge of
seafarers aboard U.S.-flag vessels. 46 CFR 14.207 specifies that the content and form of shipping articles must conform to
form CG-705A. Coast Guard NVIC 1-86 specifies that any other form complying with the requirements of the U.S. statutes
noted above may be used. The minimum requirements contained in the shipping agreement are in keeping with those
outlined in Regulation 2.1 of the MLC.
46 U.S.C. 10311 and 46 CFR 14.307 require that the master or individual in charge of a vessel provide each seafarer with a
Certificate of Discharge documenting sailing dates and capacities. The certificate must be signed by both the master or
individual in charge and the seafarer, and may not contain a reference about the character or ability of the seafarer. In
addition, 46 U.S.C. 7302 and 46 CFR 14.305 specify that seafarers may obtain a Continuous Discharge Book that
documents sailing dates and capacities. Proper entries to the book must be made by the master.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
6. Payment of wages (Regulation 2.2):
U.S. National Requirements: United States statute establishes the seafarer’s entitlement to wages for work performed and
payment at the beginning of the voyage and at the end of the voyage, and penalties for non-compliance; 46 USC 10310,
10312, 10313, and 10314. 46 U.S.C. 10315 (Allotments) establishes the measures for allotments. Collective bargaining
agreements also specify payment intervals and conditions of payments.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
7. Hours of work or rest (Regulation 2.3):
U.S. National Requirements: The United States will comply with MLC 2006 by establishing minimum hours of rest. The
U.S. standards for work and rest hours are contained in 46 CFR 15.1111.

Enclosure (6) to NVIC 02-13
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
8. Manning levels for the ship (Regulation 2.7):
U.S. National Requirements: 46 CFR part 15 requires that all vessels operating beyond the boundary line meet the STCW
certification and watchkeeping requirements. 46 CFR 15.103 outlines the requirements for a vessel to be properly manned
with a minimum number of officers and rated crew. Vessels required to be inspected under 46 USC 3301 are required to be
manned with the minimum complement as stated on the vessel’s COI per the requirements of 46 CFR 15.501.
Under Article 1 of the Officer’s Competency Certificates Convention (OCCC) 1936, national laws or regulations may grant
exceptions or exemptions with respect to vessels of less than 200 GT as measured under the Regulatory Measurement
System, hereafter “GRT.” The United States invoked this clause and granted a general exception for all vessels of less than
200 GRT (GT ITC if GRT not assigned) navigating beyond the Boundary Lines (see 46 USC 8304(b)(4) and 46 CFR
15.701(a)), including vessels engaged on international voyages. However, as amended, Article II.6 of the MLC specifies
that such a determination may be made only with respect to vessels of less than 200 GT ITC (GRT if GT ITC not assigned)
not engaged in international voyages. Accordingly, an individual in charge of the navigation or maneuvering, as well as an
individual engaged or employed to perform the duties of chief engineer, on a mechanically propelled, uninspected, seagoing,
documented vessel of less than 200 GT ITC (GRT if GT ITC not assigned) should hold an appropriately endorsed license or
MMC authorizing service in such a capacity, when engaged on a voyage to an MLC ratifying nation.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
9. Accommodation (Regulation 3.1):
U.S. National Requirements: The United States ratified ILO Convention 147, which includes Convention 92
(Accommodations of Crews Convention (Revised)) and Convention 133 (Accommodations of Crews Convention) as
appended Conventions. The U.S. instrument of ratification for ILO 147 established that U.S. domestic laws and regulations
were substantially equivalent to the provision in the Appended Conventions that the United States did not ratify, including
ILO Convention 133 (Accommodations of Crews, 1970) and ILO Convention 92 (Accommodation of Crews Convention
(Revised), 1949). The United States satisfied itself that the general goals of the instrument of ILO Convention 133 are being
respected. No specific legislation or regulations were implemented to bring the United States into conformity with the
general goals of Convention 133. See COMDTINST 16711.12 (series) for additional information. United States shipping
laws and regulations that apply to vessels registered in the U.S. territory require compliance with minimum safety standards.
Generally, the inspection of vessels and the accommodation of seafarers is provided in the following shipping laws: 46
U.S.C. subtitle II, chapter 33 (inspections) and 46 U.S.C. 11101 (accommodations applicable to vessels more than 100
GRT).
Specific requirements for inspection and certification, construction and arrangement (including accommodation construction
and recreational facilities) are found in various subchapters of the regulations based on the type of vessel. These subchapters
are:
46 CFR 24-28 Subchapter C (uninspected towing vessels, 6 & 12 passengers)
46 CFR 30-39 Subchapter D (tank vessels)
46 CFR 70-89 Subchapter H (passenger vessels)
46 CFR 90-105 Subchapter I (cargo & miscellaneous vessels)
46 CFR 107-109 Subchapter I-A (MODUs)
46 CFR 114-124 Subchapter K (small passenger vessels under 100 GT carrying more than 150 passengers, or more than 49
overnight)
46 CFR 125-139 Subchapter L (OSVs)
46 CFR 175-187 Subchapter T (small passenger vessels under 100 GT carrying less than 49 passengers overnight)
These regulations are substantially equivalent to the applicable requirements of ILO Conventions 92, 133, and 147.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)

Enclosure (6) to NVIC 02-13
10. On-board recreational facilities (Regulation 3.1):
U.S. National Requirements: The United States ratified ILO Convention 147, which includes Convention 92
(Accommodations of Crews Convention (Revised)) and Convention 133 (Accommodations of Crews Convention) as
appended Conventions. The U.S. instrument of ratification for ILO Convention 147 established that U.S. domestic laws and
regulations were substantially equivalent to the provision in the Appended Conventions that the United States did not ratify,
including ILO Convention 133 (Accommodations of Crews, 1970) and ILO Convention 92 (Accommodation of Crews
Convention (Revised), 1949). The United States satisfied itself that the general goals of the instrument of ILO Convention
133 are being respected. No specific legislation or regulations were implemented to bring the United States into conformity
with the general goals of Convention 133. See COMDTINST 16711.12 (series) for additional information. United States
shipping laws and regulations that apply to vessels registered in the U.S. territory require compliance with minimum safety
standards. Generally, the inspection of vessels and the accommodation of seafarers is provided in the following shipping
laws: 46 U.S.C. subtitle II, chapter 33 (inspections) and 46 U.S.C. 11101 (accommodations applicable to vessels more than
100 GRT).
Specific requirements for inspection and certification, construction and arrangement (including accommodation construction
and recreational facilities) are found in various subchapters of the regulations based on the type of vessel. These regulations
are substantially equivalent to the applicable requirements of ILO Conventions 92, 133, and 147. Vessels built prior to the
entry into force date of ILO Convention 147 to the United States must also comply with the applicable regulations above.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
11. Food and catering (Regulation 3.2):
U.S. National Requirements: 46 USC 10303 requires that a seafarer be served at least 3 meals a day, including adequate
water and adequate protein, vitamins, and minerals in accordance with the U.S. Recommended Daily Allowances. Refer to
Enclosure (9) of Coast Guard NVIC 02-13 for competency guidelines for vessel cooks.
42 CFR 71.45 requires that the quality of potable water, taken on board a ship at any U.S. port intended for human
consumption thereon shall be obtained from sources approved in accordance with standards established in title 21, Code of
Federal Regulations, parts 1240 and 1250(b).
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
12. On-board medical care (Regulation 4.1):
U.S. National Requirements: 46 USC 11101 states that a merchant vessel of the United States that, in the ordinary course of
trade, makes a voyage of more than 3 days between ports and carries a crew of at least 12 shall have a hospital compartment
suitably separated from other spaces. The compartment shall have at least 1 bunk for each 12 seafarers constituting the crew
(but not more than 6 bunks may be required). Additionally, specific requirements for inspection and certification, and
construction and arrangement (including accommodation construction and recreational facilities) are found in various
subchapters of the regulations based on the type of vessel.
46 USC 11102 requires the following vessels to carry a medicine chest for the care of sick and injured seamen: 1) vessels
on a voyage from a port in the United States to a foreign port (except to a Canadian port); and 2) vessels of 75 GT or more
on a voyage between a port in the United States on the Atlantic and Pacific oceans.
Collective bargaining agreements define medical benefits and eligibility seafarers on board a vessel and ashore.
Unionized seafarers receive preventive measures. Vessel owners/operators are responsible for sick and injured
seafarers in accordance with the general maritime law remedy of Maintenance and Cure. Maintenance and Cure
provides for medical coverage for seafarers while in the service of a vessel (including shore leave). Cure benefits
provide for payment of reasonable and necessary medical care until the seafarer has reached a level of maximum
cure. Cure includes first aid and emergency treatment, transportation to medical facilities, treatment at clinics and
hospitals, diagnostic tests, medication, physical therapy, specialists, surgery, rehabilitation, and all other
reasonable and necessary medical needs.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)

Enclosure (6) to NVIC 02-13
13. Health and safety and accident prevention (Regulation 4.3):
U.S. National Requirements: The Occupational Safety and Health Act, 29 USC chapter 15, was enacted to ensure that
employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure
to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions.
46 USC chapter 32 and 33 CFR part 96 require establishment of safety management systems on board vessels that provide
procedures for responding to emergencies, protection of the environment, reporting of incidents, and addressing
nonconformities. Internal audits and management reviews of the onboard system must be maintained.
Company and/or industry-wide management systems, such as the Responsible Carrier Program, that provide procedures for
responding to emergencies, protection of the environment, reporting of incidents, and addressing nonconformities are
acceptable industry practices meeting this MLC requirement.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
Page 4of 6
14. On-board complaint procedures (Regulation 5.1.5):
U.S. National Requirements: There are no U.S. laws or regulations that mirror the requirements of Regulation 5.1.5 of the
MLC. However, many Collective Bargaining Agreements include procedures that seafarers should follow to voice
complaints on board a vessel. With respect to safety concerns, the Coast Guard, in agreement with the Occupational Health
and Safety Administration (OSHA), has authority to protect seafarers from retaliation for filing safety complaints pursuant
to 46 USC 2114. Pursuant to its responsibility as a Party to ILO Convention 147, the Coast Guard will investigate
complaints related to alleged violations of that convention. The Coast Guard or RCS will verify compliance against the
applicable standards as published in the MLC. Refer to Enclosure (10) of NVIC 02-13 for complaints procedures.
Owner/Operator Measures for Compliance: (The owner/operator should identify the measures they have put in place to
ensure ongoing compliance with the U.S. National Requirements listed above.)
I hereby certify that the above measures have been drawn up to ensure ongoing compliance with the U.S. national requirements
listed above.
Name of ship-owner: …….…………………………….…………
Company address: …………………………………………………
…………………………………………………
…………………………………………………
Title: ………………………………….……………..
Signature: ……………………………………………
Date: …………………………………………………
(Stamp or seal of the ship-owner)

Enclosure (7) to NVIC 02-13

INTERIM MARITIME LABOUR CERTIFICATE
(Statement of Voluntary Compliance)
Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to
below as “the Convention”), and Coast Guard Navigation and Vessel Inspection Circular 02-13,
COMDTINST P16700.4 (series) under the authority of the Government of:

THE UNITED STATES OF AMERICA
By the
United States Coast Guard

Particulars of the ship:
Name of ship …………………………………………………………………………………….
Distinctive numbers or letters ……………………………………………………………………
Registry ………………………………………………………………………………………….
Date of registry …………………………………………………………………………………..
Gross tonnage¹ ………………………………..………………………..…………………..……
IMO number ……………………………………………………………………………………..
Type of ship ……………………………………………………………...………………………
Name and address of shipowner² ………………………………………………………………..
……………………………………………………………………………………………………
This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that:
(a) This ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the
Convention, taking into account verification of items under paragraphs (b), (c), and (d) below;
(b) The shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate
procedures to comply with the Convention;
(c) The master is familiar with the requirements of the Convention and the responsibilities for implementation; and
(d) Relevant information has been submitted to the competent authority or recognized organization to produce a Declaration of
Maritime Labour Compliance.
______________________________________________________________________________________________________
1 For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the
REMARKS column of the International Tonnage Certificate (1969). See Article II (1) (c) of the Convention.
2 Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed
the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and
responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfill
certain of the duties or responsibilities on behalf of the shipowner. See Article II (1)(j) of the Convention.

Page 1 of 2

Enclosure (7) to NVIC 02-13

This Certificate is valid until …………………………, subject to inspections in accordance with the Standards
A5.1.3 and A5.1.4.
Completion date of the inspection referred to under paragraph (a) above was..........................................

Issued at ………………………………………………………………………………………
(Place of issue of Certificate)
…………………….
(Date of issue)

…………..………………………………………….……………
(Signature of authorized official issuing the Certificate)

Page 2 of 2

Enclosure (8) to NVIC 02-13

Hazardous Work and Consideration on Health and Safety Issues for
Seafarers Under the Age of 18 Years
1. Purpose: The Maritime Labour Convention (MLC), 2006, requires specific consideration in a
ship’s occupational safety and health policy program of the safety and health of seafarers
under the age of 18 years. This notice identifies types of work considered hazardous because
they present special risk of accident, may have a detrimental effect on a health or physical
development of young seafarers, or require a special degree of maturity, experience, or skill.
2. Applicability: These specific considerations apply to all seafarers under the age of 18 years
employed by shipowners on board U.S.-flag vessels to which the MLC applies.
3. MLC Requirement: The employment, engagement, or work of seafarers under the age of 18
years shall be prohibited where the work is likely to jeopardize their health or safety. The
types of such work shall be determined by national laws or regulations, or by the competent
authority after consultation with the shipowners’ and seafarers’ organizations concerned, in
accordance with relevant international standards.
4. U.S. Interpretation: Under U.S. law, specifically the federal child labor provisions
authorized by the Fair Labor Standard Act (FLSA), the general minimum age is 16 years for
employment (29 CFR 570.2). The FLSA is also known as the Child Labor Laws and were
enacted to ensure that when young people work, the work is safe and does not jeopardize
their health, wellbeing, or educational opportunities. The FLSA contains provisions that
protect persons under the age of 18 years from working in certain hazardous occupations,
upon approval by the Secretary of Labor. The FLSA is specifically applicable to seamen (29
CFR 783.24).
5. Vessel owners/operators should—
a. Maintain documentation that includes dates of birth of each seafarer noted. Individual
identity documents, such as passports, should be readily accessible.
b. All seafarers under the age of 18 years should receive, at the time of engagement, a list of
the potentially hazardous activities that they should not perform while engaged with the
vessel. These seafarers should be advised whom to contact on the vessel in case of any
doubts. They should also be advised against working at night 1 unless engaged in a
training program approved by the Coast Guard in accordance with 46 CFR subchapter B.
Training programs meeting this provision include maritime academies regulated by 46
CFR 310.
c. If applicable, the company’s safety management system (SMS) should identify the
different types of potentially hazardous work on board the vessel and note why they are
considered as such. All precautions to mitigate risk should be noted. Supervisory staff
should be advised about the need to adhere to these work limitations.
1

Night is recognized as a period of at least 9 hours starting no later than midnight and ending no earlier than 0500.
(“Night” is not currently defined in U.S. regulations.)

Enclosure (8) to NVIC 02-13

6. Hazardous Activities. The following is a non-inclusive list of potentially hazardous activities
that may jeopardize the health and wellbeing of seafarers under the age of 18 years:
a. Lifting, moving, or carrying of heavy loads or objects;
b. Entry into boilers, tanks, and cofferdams;
c. Exposure to harmful noise and vibration levels;
d. Operating hoisting and other power machinery and tools, or acting as a signaler to
operators of such equipment;
e. Handling mooring, tow lines, or anchoring equipment;
f. Rigging;
g. Working aloft or on deck in heavy weather;
h. Night watch duties;
i. Servicing of electrical equipment;
j. Exposure to potentially harmful materials or harmful physical agents, such as dangerous
or toxic substances and ionizing radiations. When making a determination as to which
activities are hazardous, an owner/operator should consider hazardous materials codes on
a vessel-specific basis, as applicable;
k. Cleaning of catering machinery; and
l. Handling or taking charge of ship’s boats.

2

Enclosure (9) to NVIC 02- 13

Guidelines for Ships Cook Competency
1. Purpose: The Maritime Labour Convention (MLC), 2006, requires that personnel with food
preparation be trained and qualified for their position on board ship.
2. Applicability: These specific considerations apply to all seafarers employed by
owners/operators as ship cooks with responsibility for food preparation on board U.S.-flag
vessels to which the MLC applies.
a. MLC requirement: Seafarers employed as ship cooks with responsibility for food
preparation must be trained and qualified for their position on board ship. The training
should cover practical cookery, food, personal hygiene, food storage, stock control,
environmental protection, and catering health and safety.
b. United States Interpretation: 46 USC 10303 requires that a seafarer be served at least 3
meals a day, including adequate water and adequate protein, vitamins, and minerals in
accordance with the United States Recommended Daily Allowances. Based on these
requirements, it is recommended that a qualified and trained cook be on board each
vessel. The minimum standards of competence and skills for this position are highlighted
below.
3. Vessel owners/operators should—
a. Document knowledge through training or equivalent job experience of personnel with
responsibility for preparing food. No one who is below the age of 18 years should be
permitted to work as a cook.
b. If the manning of the vessel is less than 10, ensure that anyone processing food in the
galley be trained or instructed in areas including food and personal hygiene, and the
handling and storage of food on board a vessel (a fully qualified cook is not required).
c. Seafarers employed as ship cooks with responsibility for food preparation should have
the knowledge through training or equivalent job experience on the following
competencies as appropriate:
(1) Manage a nutritious food service, including, but not limited to—
(a) Understanding the importance of a balanced diet and the protein, fat, liquid, and
carbohydrate requirements, as per the food pyramid;
(b) Knowledge of galley and food service management;
(c) Establishing and managing food cost budgets;
(d) Managing food quantities and qualities on a per-voyage basis;
(e) Planning menus using varied food groups;
(f) Awareness of the need for planning menus based on weather and work
requirements (cold weather may require more calories; hot weather may require
additional sodium);

Enclosure (9) to NVIC 02- 13
(g) Awareness of international food availability; and
(h) Awareness of religious and cultural practices of food preparation.
(2) Understand employee food safety training.
(3) Identify protective clothing and equipment.
(4) Understand and use safe working practices, including, but not limited to—
(a) Knowledge and ability to follow accepted safety procedures, safe working
habits, and safe operation of food processing equipment in accordance with
manufacturer, company, national, and international safety standards;
(b) Awareness of potential safety hazards and the necessary appropriate corrective
action;
(c) Knowledge of allergens and their effects on individuals;
(d) Administration of first aid for cuts, burns, and allergies in the Galley, and CPR
and the Heimlich maneuver as appropriate; and
(e) Preparation and service of food during foul weather conditions.
(5) Understand and follow proper sanitation procedures, including, but not limited to—
(a) Awareness of the necessity for enforcement of personnel hygiene and the
dangers of not conforming to sanitation procedures;
(b) Knowledge of safe food preparation and service to mitigate the effects of microorganisms, contamination, and food-borne illnesses; and
(c) Knowledge and ability to properly maintain food waste disposal areas.
(6) Be aware of a variety of products and how to cook them in a safe and tasty manner,
including, but not limited to —
(a) Knowledge of, and the ability to select, correct equipment and tools for
preparation of different food products;
(b) Knowledge of selection and preparation of vegetables and fruits;
(c) Knowledge and ability to prepare stocks and soups;
(d) Knowledge and ability to prepare sauces and salads;
(e) Knowledge and ability to prepare baked products;
(f) Knowledge and ability to prepare hot and cold sandwiches; and
(g) Knowledge and ability to prepare a variety of meats.

2

Enclosure (10) to NVIC 02-13

Guidelines for Onboard Complaint Procedures
1. Purpose: These guidelines are intended to provide key elements of onboard complaint
procedures conforming to the Maritime Labour Convention (MLC), 2006, requirements.
2. Applicability: These specific considerations apply to all U.S.-flag vessels to which the MLC
applies.
a. MLC Requirement: Vessels must have on-board procedures for the fair, effective and
expeditious handling of seafarer complaints alleging breaches of the requirements of the
MLC, 2006. All seafarers must be provided with a copy of the on-board complaint
procedures applicable on the ship. Victimization of seafarers for filing complaints under
the MLC, 2006 is prohibited.
b. United States Interpretation: There are no U.S. laws or regulations that mirror the
requirements of regulation 5.1.5 of the MLC. However, many Collective Bargaining
Agreements include procedures seafarers may use to voice complaints on board a vessel.
With respect to safety concerns, the Coast Guard, in agreement with the Occupational
Health and Safety Administration (OSHA), has authority to protect seafarers from
retaliation for filing safety complaints pursuant to 46 USC 2114. Pursuant to its
responsibility as a Party to International Labour Organizaton (ILO) Convention 147, the
Coast Guard investigates complaints related to alleged violations of that convention.
The Coast Guard or a Recognized Classification Society will verify compliance against
the applicable standards as published in the MLC.
3. Vessel owners/operators should—
a. Establish procedures on board to register any seafarer complaints regarding a breach of
the requirements of this Convention.
b. Ensure that the onboard complaint procedures include the right of the seafarer to be
accompanied or represented during the complaints procedure, as well as safeguards
against the possibility of victimization the seafarer for filing a complaint.
c. Ensure that all seafarers are provided with a copy of the onboard complaint procedures
applicable on the vessel.
4. Onboard Complaint Procedures:
a. Notwithstanding procedures listed in an individual seafarer’s contract of employment or
collective bargaining agreement, the company should establish onboard complaint
procedures. The complaint procedures should—
(1) Include the contact information for the designated company person who will handle
complaints and the contact information for the Coast Guard. In cases where the
seafarer is a foreign national, the complaints procedure should include the contact

Enclosure (10) to NVIC 02-13

(2)

(3)

(4)
(5)
(6)

(7)
(8)
(9)

information for the competent authority of the seafarer’s country of residence.
Establish the hierarchy for the resolution of onboard complaints. Any seafarer with
a complaint should have the ability to have the matter addressed by bringing it to the
attention of the proper authority on board. The hierarchy may include: immediate
supervisor/superior officer, department head, master, or designated company person.
Provide for the ability to resolve complaints at the lowest level possible. Only when
the matter cannot be resolved to the satisfaction of both parties should it be elevated
to the next level. If the complaint cannot be resolved on board, the matter should be
referred ashore to the designated company person.
Include the right of the seafarer to complain directly to the master, the designated
company person, or to the Coast Guard.
Establish the time limit appropriate to the resolution of the complaint at all levels of
the hierarchy.
Include information on the person or persons on board the vessel who can, on a
confidential basis, provide seafarers with impartial advice on their complaint and
otherwise assist them in following the complaint procedures available to them on
board the ship.
Include the right of the seafarer to be accompanied or represented during the
complaint filing procedure.
Establish the actions to be taken by the personnel involved during the investigation
and resolution of the complaint at all levels of the hierarchy.
Include recordkeeping provisions for all relevant material related to the complaints.

b. All seafarers should be provided with a copy of the onboard complaint procedures
applicable to the vessel.

2

Enclosure (11) to NVIC 02-13

United States Coast Guard
Maritime Labour Convention, 2006 Inspection Report
(This report is provided to document inspection results as required by
Standard A5.1.4, paragraph 12 of the Maritime Labour Convention, 2006)

Particulars of the ship:
Name of Ship: _______________________________
Official Number: _____________________________
IMO Number: _______________________________
Date of Inspection: ___________________________
This report is provided to ensure that—
(a) This ship has been inspected, as far as reasonable and practicable, to all applicable U.S. regulations
and standards outlined in the Convention.
(b) The owner/operator has demonstrated to the U.S. Coast Guard that the ship has adequate procedures
to comply with the Convention;
(c) The master is familiar with the requirements of the Convention and the responsibilities for their
implementation;
(d) Any discrepancies identified during the inspection are documented on Coast Guard form CG-835 and
attached to this report; and
(e) As a result of this inspection, a Statement of Voluntary Compliance, Maritime Labour Certificate has
been issued.
Deficiencies issued:

No

Yes (see attached)

Copy provided to: _______________________________
(Printed name of Master/Vessel representative)

Coast Guard Marine Inspector: _______________________
(Printed name)

Issuing Unit name and address:

__________________________________
(Signature of Master/Vessel representative)

_______________________________
(Signature)