ARMA Updates: Circular Letter of the Directorate General of Maritime Transportation No. SE-DJPL 1 of 2024 on Improved Supervision of the Seaworthiness of Indonesian-flagged Vessels Sailing Abroad
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General Overview
In a significant move aimed at enhancing maritime safety and regulatory compliance, the Directorate General of Maritime Transportation (“DGMT”) and the Singapore Maritime and Port Authority (“MPA”) arranged a Memorandum of Cooperation regarding cooperation in working area of Port State Control and Flag State Control (“MoU"). In regard of following up the MoU, On January 4th 2024, the DGMT has released Circular Letter No. SE-DJPL 1 of 2024 on Improved Supervision of the Seaworthiness of Indonesian-flagged Vessels Sailing Abroad (“DGMT CL 1/2024”). This circular letter aims to enhance the seaworthiness of Indonesian-flagged vessels operating, while also serving as DGMT’s proactive effort to maintain Indonesia’s position within the Whitelist Category of the Tokyo MoU. [1]
The Key Points of the DGMT CL 1/2024
The primary aim of the circular letter is to enhance the supervision of Indonesian-flagged vessels sailing abroad, ensuring compliance with international maritime standards. Specifically, this circular letter outlines a code of conduct for the Head of Harbormaster’s Office, Main Port Authority, Indonesian-flagged Vessels Owner/Operator, National Classification Bureau, Foreign Classification Bureau, Port Company, and Harbor Pilot. In this ARMA Updates, we will delve into the key points of DGMT CL 1/2024.
1. Responsibilities of Harbormaster's Offices and Port Authorities:
• Socialization: Conducting awareness sessions for vessel owners/operators and stakeholders regarding new and forthcoming regulations.
• Inspection Oversight: Monitoring the inspection and certification processes for both Indonesian-flagged and foreign-flagged vessels sailing internationally.
• Ensuring Compliance: Verifying that Safety Inspectors and Port State Control Officers remain updated on national and international regulations pertaining to vessel seaworthiness.
• Withholding Sailing Approvals: Refraining from issuing Sailing Approval Letters to vessels failing to meet legal or international requirements based on inspection results.
2. Duties of Indonesian-flagged Vessels Owners/Operators:
• Compliance Assurance: Ensuring that operated vessels meet international seaworthiness standards.
• Crew Competency: Manning vessels with competent crew members as per their designated roles.
• Periodic Monitoring: Conducting regular checks on vessel conditions to ensure compliance with national and/or international seaworthiness standards.
• Personnel Training: Ensuring that company personnel possess the required knowledge and skills as mandated by regulations.
• Sailing Authorization: Abstaining from operating vessels abroad without approval if the vessel's designated sailing area does not encompass all oceans.
3. Obligations of Recognized Organizations:
• Surveyor Training: Ensuring that surveyors stay updated on national and international seaworthiness regulations.
• Inspection Scrutiny: Conducting thorough inspections to ensure the issuance of statutory certificates in compliance with authority granted by the Ministry of Transportation.
• Additional Inspections: Performing comprehensive checks on vessels scheduled to sail abroad promptly upon receiving reports or information.
• Stakeholder Awareness: Conducting timely awareness sessions for vessel owners/operators and stakeholders regarding compliance with new or forthcoming regulations.
• Supervision and Reporting: Supervising and mentoring surveyor teams and reporting instances of Indonesian-flagged vessels facing detention related to statutory authority to the Director General of Maritime Transportation promptly.
• Socialization: Conducting awareness sessions for vessel owners/operators and stakeholders regarding new and forthcoming regulations.
• Inspection Oversight: Monitoring the inspection and certification processes for both Indonesian-flagged and foreign-flagged vessels sailing internationally.
• Ensuring Compliance: Verifying that Safety Inspectors and Port State Control Officers remain updated on national and international regulations pertaining to vessel seaworthiness.
• Withholding Sailing Approvals: Refraining from issuing Sailing Approval Letters to vessels failing to meet legal or international requirements based on inspection results.
• Compliance Assurance: Ensuring that operated vessels meet international seaworthiness standards.
• Crew Competency: Manning vessels with competent crew members as per their designated roles.
• Periodic Monitoring: Conducting regular checks on vessel conditions to ensure compliance with national and/or international seaworthiness standards.
• Personnel Training: Ensuring that company personnel possess the required knowledge and skills as mandated by regulations.
• Sailing Authorization: Abstaining from operating vessels abroad without approval if the vessel's designated sailing area does not encompass all oceans.
3. Obligations of Recognized Organizations:
• Surveyor Training: Ensuring that surveyors stay updated on national and international seaworthiness regulations.
• Inspection Scrutiny: Conducting thorough inspections to ensure the issuance of statutory certificates in compliance with authority granted by the Ministry of Transportation.
• Additional Inspections: Performing comprehensive checks on vessels scheduled to sail abroad promptly upon receiving reports or information.
• Stakeholder Awareness: Conducting timely awareness sessions for vessel owners/operators and stakeholders regarding compliance with new or forthcoming regulations.
• Supervision and Reporting: Supervising and mentoring surveyor teams and reporting instances of Indonesian-flagged vessels facing detention related to statutory authority to the Director General of Maritime Transportation promptly.
• Surveyor Training: Ensuring that surveyors stay updated on national and international seaworthiness regulations.
• Inspection Scrutiny: Conducting thorough inspections to ensure the issuance of statutory certificates in compliance with authority granted by the Ministry of Transportation.
• Additional Inspections: Performing comprehensive checks on vessels scheduled to sail abroad promptly upon receiving reports or information.
• Stakeholder Awareness: Conducting timely awareness sessions for vessel owners/operators and stakeholders regarding compliance with new or forthcoming regulations.
• Supervision and Reporting: Supervising and mentoring surveyor teams and reporting instances of Indonesian-flagged vessels facing detention related to statutory authority to the Director General of Maritime Transportation promptly.
DGMT CL 1/2024 represents a pivotal step towards bolstering maritime safety and regulatory adherence within Indonesia's maritime sector. By delineating clear responsibilities for stakeholders and emphasizing the importance of compliance with national and international standards, this directive underscores Indonesia's commitment to ensuring the seaworthiness and safety of vessels operating internationally. Through collective efforts and adherence to the guidelines outlined in this circular letter, stakeholders can contribute to fostering a safer and more secure maritime environment for all.
Whitelist Category of Tokyo MoU is a category that acknowledges the compliance of a country’s ships with International Maritime Organization (IMO) rules and conventions in the ports of Tokyo MoU member countries (https://www.lexology.com/library/detail.aspx?g=4336a8a9-72f3-40e8-9719-7f8ebb7826e2). ↩︎
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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