Republic of the Philippines \
HOUSE OF REPRESENTATIVES || DATE: MAY 2? 2046. |

Constitution Hills, Quezon City Se TIME: lees 0
EIGHTEENTH CONGRESS
First Regular Session
House BLL No.__ 6780

Introduced by MARINO Party-list Representatives
SANDRO L. GONZALEZ
and MACNELL M. LUSOTAN

AN ACT
RECOGNIZING SEAFARERS AS KEY WORKERS IN TIMES OF
EPIDEMIC OR STATE OF PUBLIC HEALTH EMERGENCY, PROVIDING
EXEMPTION FROM MOVEMENT OR TRAVEL RESTRICTIONS TO
SEAFARERS, MANDATING THE ISSUANCE OF ELECTRONIC
DOCUMENTS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

In response to the outbreak of COVID-19, national governments across the globe
‘enforced travel restrictions in hopes to control the spread of the infection. In the Philippines,
only persons classified as Authorized Persons Outside Residence were allowed to go outside
during the Enhanced Community Quarantine.

On 23 April 2020, the Maritime Industry Authority (MARINA) Board issued
Resolution 2020-04-04 recognizing seafarers as “key workers” whose services are considered
essential during the pandemic. The Resolution also recommends the smooth processing of
their documentation, repatriation and receipt of necessary assistance from the government.

The Inter-Agency Task Force on the Management of Emerging Infectious Diseases
(IATF) issued Resolution No. 36, series of 2020 dated 13 May 2020, Item B of which states
that Overseas Filipino Workers (OFWs) whether land-based or sea-based, shall be allowed to
be deployed abroad upon the execution of a Declaration signifying their knowledge and
understanding of the risks involved as advised by the Philippine Government. To realize this
goal, recruitment and placement agencies were allowed to operate in areas under General and
Modified Enhanced Community Quarantine subject to the observance of minimum health
standards. Also, government offices and agencies involved in the processing of OFW
documents were directed to establish “Green Lanes” to enable prompt processing and
deployment.

The continuous operation of ships during pandemic and other health crisis is vital not
only to the country’s economy but more importantly, to the health of our countrymen. About


90% of the world’s food, medicines, medical supplies and other essential goods are being
transported through ships to countries which cannot produce sufficient goods and equipment
necessary to sustain their efforts to combat COVID-19.

Also, the imposition of travel restrictions and ban on the deployment of seafarers may
also contribute to the development of stress, depression, illness and other medical conditions
of those seafarers currently on board owing to their extended stay and labor in the ship.
Seafarers spend most of their time at sea and understandably, they cannot stay for a long and
an indefinite period of time at sea. Limited access to shore society during the employment
will have an adverse impact on the seafarer.'

In view of the foregoing, approval of this bill is most urgently and camestly
recommended.

SANDRO L. ZALEZ MA SOTAN
Representative Representative
MARINO Party-l MARINO Party-list

* Douglas Millares vs. NLRC (GR. No. 110824, July 29, 2002)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6780

Tntroduced by MARINO Party-list Representatives
SANDRO L. GONZALEZ
and MACNELL M. LUSOTAN

AN ACT
RECOGNIZING SEAFARERS AS KEY WORKERS IN TIMES OF
EPIDEMIC OR STATE OF PUBLIC HEALTH EMERGENCY, PROVIDING
EXEMPTION FROM MOVEMENT OR TRAVEL RESTRICTIONS TO
SEAFARERS, MANDATING THE ISSUANCE OF ELECTRONIC
DOCUMENTS, PPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title ~ This Act shall be known as the “Unhampered Crew Change Act”
Section 2. Declaration of Policy — It is hereby declared a policy of the State that in times of
epidemic or state of public health emergency, the unhampered movement and transit of
seafarers to facilitate crew changes in ships is essential to maintain steady supply of food,
medicine and other essential goods as well as to preserve the health of active seafarers.

Section 3. Definition of Terms — For purposes of this Act, the following terms are defined as
follows:

a, DILG —refers to the Department of Interior and Local Government
b. DOH refers to the Department of Health

c. DOLE ~refers to the Department of Labor and Employment

d. DOTr—refers to the Department of Transportation

©. Key Worker ~ refers to a person who is considered to provide an indispensable or
essential service; to be used interchangeably with



f Licensed Manning Agency — refers to a person, partnership or corporation duly
licensed by the Secretary or his/her duly authorized representative to engage in the
recruitment and placement of Filipino seafarers for a ship plying international waters
and for related maritime activities

g. MARINA -refers to the Maritime Industry Authority
h. POEA refers to the Philippine Overseas Employment Agency

i. Principal — refers to the employer or to a person, partnership or corporation engaging
and employing seafarers through a licensed manning agency

j. Seafarer — refers to a person who is to be engaged, is engaged or has been engaged in
a remunerated non-leisure-related activity or service on board a vessel navigating the
foreign seas other than a government ship used for military or non-commercial
purposes or on an installation located offshore or on the high seas

Section 4. Recognition of Seafarers as Key Workers ~ In cases of epidemic or during the
existence of a declared state of public health emergency, seafarers shall be considered as key workers,
whose services are essential and indispensable.

Section 5. Exemptions from Travel or Movement Restrictions — The national government,
including all government agencies and instrumentalities, and local government units shall
grant seafarers with exemptions from national travel or movement restrictions in order to
facilitate their joining of ships.

Section 6. Obligation of the Seafarer — A seafarer identified by the principal/licensed
manning agency as replacement for crew shall strictly follow health protocols and standard
infection protection and control precautions such as but not limited to immunization, regular
body temperature checks, wearing of protective equipment, personal distancing, self-
isolation, hygiene and safe food handling practices.

Section 7. Obligation to Facilitate Transportation — The principal/licensed manning agency
shall provide the transportation for and secure all documents to ensure the transit of the
seafarer from his present location or his usual place of residence to his final airport or port
destination, at no cost to the seafarer.

In this regard, the DOTr, DOLE, POEA, DOH, DILG, Local Government Units and other
responsible government agencies shall institutionalize and implement measures to ensure the
timely processing of documents and deployment of the seafarer.

Section 8. Health Protection Measures — The principal/licensed manning agency shall
provide health protection measures, such as immunization and personal protective equipment
(PPE), at no cost to the seafarer.

Section 9. Safety Management System — Within 30 days from the declaration by the
President of a state of public health emergency, shipping companies shall assess all identified
risks to the safety of ships and personnel, and establish necessary safeguards and procedures
to address or manage the cause of the emergency in a documented Safety Management
System.


The principal/licensed manning agency shall provide the joining seafarer with a copy of the
ship’s Safety Management System prior to embarkation

Section 10. Issuance of Electronic Documents ~To avoid the risk hard copies pose for
contamination and infection, documents of seafarers should be issued, prepared or be made
available in electronic form.

For this purpose, the MARINA, DOH, DOLE, POEA and other government agencies and
instrumentalities processing and issuing seafarer documents shall formulate, adopt and
implement systems to operationalize the issuance of electronic documents.

Section 11. Information Dissemination — The DOH, in partnership with the DOTr, DILG
and Local Government Units, shall provide information on the requirements to facilitating
safe ship crew changes and travel.

Section 12. Appropriations — The amount necessary to carry out the implementation of this
‘Act shall be charged against the current year’s appropriations of the DOTr, DOH and DOLE.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall
be included in the annual General Appropriations Act.

Section 13. Implementing Rules and Regulations — The DOH, DOLE, DOTr and the DILG,
MARINA and POEA, shall issue the necessary implementing rules and regulations in
accordance with the provisions of this Act within sixty (60) days from the effectivity hereof.

Section 14. Separability Clause — If for any reason, any section, subsection, clause or term
of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such
declaration shall remain in full force and effect.

Section 15. Repealing Clause — All laws, orders, decrees, letters of instruction, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby amended,
modified, or repealed accordingly.

Section 16. Effectivity Clause — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,