1. The Maritime Administration of Tuvalu vide Marine Circular MC-5/2020/1 has provided guidelines in respect of implementation of 2018 amendments to MLC, 2006 effective 26th December, 2020.
2. The amendments require continuation of Seafarer Employment Agreements (SEA), wages and other entitlements under SEA while seafarer is held captive on or off the ship as a result of piracy or armed robbery against ships, regardless of the dates in their employment contract.
3. Accordingly, shipowners are required to ensure that SEA and/or any applicable Collective Bargaining Agreements (CBAs) that are signed on or after 26th December 2020 incorporates the 2018 amendments to MLC, 2006.
4. The amendments do not immediately affect the validity of ML Certificates or DMLC Part I already issued to the existing Tuvalu ships. Existing MLC Certificates and DMLC issued shall remain valid until first Renewal MLC inspection on or after 26th December 2020.
5. The Administration has recommended that shipowners start applying for a new DMLC Part I on the Administration’s TOR portal and submit an updated DMLC Part II to the respective RO reflecting the measures adopted to ensure ongoing compliance with the new requirements.
6. The updated DMLCs are to be appended to the vessel’s existing ML Certificates as evidence of compliance with the amendments since existing ML Certificates will only be reissued at the vessel’s next renewal inspection.
7. Ship owners/ operators and masters of Tuvalu flagged ships are advised to be guided by above.
This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.