Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No. £894.

Introduced by Representative Khymer Adan T. Olaso

EXPLANATORY NOTE

This bill aims to establish a seafarer’s one-stop shop in all the international
ports in the country to facilitate crew change.

The Filipino seafarers assume a big role in the global supply chains and flow
of trade by sea. Ninety percent (90%) of the global trade is moved by maritime
transport. As the Philippines ranks among the top three countries that supply the
largest number of seafarers around the world, their substantial remittances have
become instrumental in boosting and keeping the Philippine economy afloat.

The Filipino seafarers are of global caliber. For several years up until now,
the International Maritime Organization (IMO) has retained the Philippines in its
“white list” which is the maritime sector’s point of reference for seafaring
excellence. The inclusion of the Philippines in IMO’s “white list” is an indication
of the country’s consistent compliance with the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and
points out the alignment of the Filipino seafarers’ competencies with international
standards.

However, when the COVID-19 pandemic struck during the first quarter of
2020, disastrous repercussions ballooned, global supply grappled in quandary, and
countries enforced stringent travel restrictions. The travel restrictions caused the
unprecedented crew change crisis that stranded the seafarers and forced them to
indefinitely remain in ships beyond the expiry date of their contracts to maintain
the unhampered movement and transit of food, medicines and medical equipment,
raw materials and other essential goods around the world.


Impelled by the disastrous repercussions of the COVID-19 pandemic on the
health of the people and supply chains around the world, resolutions were adopted
by the United Nations General Assembly, the International Labor Organization
(ILO) Governing Body and the IMO Maritime Safety Committee urged Member
States, including the Philippines, to designate seafarers as key workers for the
purpose of facilitating crew change and the safe and unhindered transporting of
essential goods and services.

Without crew change, the extreme fatigue of seafarers, who work beyond
the maximum period of their employment contract, not only constitutes a condition
that is clearly hazardous for the safety and health of the seafarers, but a
predicament that endangers the safety of navigation in general.

Concomitant to the Philippine accession to international conventions and
treaties on the working and living conditions, occupational safety and health of the
seafarers, this bill recognizes the crucial role of seafarers in the world trade. By
establishing a seafarer’s one-stop shop in all international ports in the country, crew
change can be facilitated and the movement of essential goods and services will
not be greatly affected.

In view of the foregoing, passage of this bill is earnestly sought.

QL.

HYMER ADAN T. OLASO


ear aneun—

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 4894

Introduced by Representative Khymer Adan T. Olaso

AN ACT
ESTABLISHING A SEAFARERS’ ONE-STOP SHOP IN ALL
INTERNATIONAL PORTS IN THE COUNTRY TO FACILITATE CREW
CHANGE, AND APPROPRIATING FUNDS THEREFOR

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 “Seafarers’
One-Stop Shop Act.”

SEC. 2. Declaration of Policy. — In cognizance of the unique role and
contribution of seafarers to national development and the undisrupted world trade,
especially during times of epidemic, pandemic or state of public health
emergency, it is declared the policy of the State to improve the seafarer’s working
conditions by affording them full protection before, during, and after

employment, and preserving their health and welfare.


20

21

Towards this end, the State shall establish a seafarers’ one-stop shop in all
international ports in the country to facilitate crew change and allow the smooth
embarkation, disembarkation or repatriation of seafarers.

SEC. 3. Seafarers’ One-Stop Shop. — A seafarers’ one-stop shop is hereby
established in all international ports in the country and the concerned government
agencies shall:

(a) Ensure that seafarers are accorded speedy and safe travel, subject to
existing health protocols including their safe and swift disembarkation and crew
change, especially during public health emergency, pandemic or epidemic;

(b) Facilitate the creation of controlled travel corridors for foreign
seafarers that may transit, embark or disembark for purposes of crew change and
other legal purposes; and

(c) Control the risk of spreading any virus or contagious disease during
crew change or repatriation by managing the movement of and designating a
distinct process for seafarers and other maritime industry stakeholders travelling
by ship or plane.

All concerned government agencies needed to facilitate the swift crew
changes among ships and seafarers shall be housed in one place in every
international port in the country. The assigned personnel of the concerned
government agencies shall assist and process all the documents of seafarers

pertaining to their safe and swift disembarkation and crew change.


1

20

21

SEC. 4. Government Agencies. — The Bureau of Customs, Bureau of
Immigration, Bureau of Quarantine, Department of Foreign Affairs, Department
of Health, Department of Interior and Local Government, Department of
Transportation, Department of Migrant Workers, Maritime Industry Authority,
Office of Civil Defense, Office for Transportation Security, Overseas Workers
Welfare Administration, Philippine Coast Guard, Philippine Ports Authority and
local government units shall, in addition to their existing mandate, exercise and
enforce the following functions:

(a) Assist seafarers, regardless of nationality, in embarking on or
disembarking from ships or aircrafts for the purpose of crew change or
repatriation;

(b) Continuously develop and update its guidelines and procedures to
improve the operation of the seafarers’ one-stop shop established under this Act;
and

(c) Afford appropriate and non-discriminatory treatment of seafarers
and designate an area where seafarers may be seated, temporarily housed or
quarantined.

SEC. 5. Quarantine Facilities. -The Bureau of Quarantine shall facilitate
the establishment and accreditation of quarantine facilities in all international
ports in the country or at any proximate location within a five-kilometer radius

from the port to complement the crew change operation and accommodate the


seafarers who are waiting for the results of the required tests for their transit,
embarkation or disembarkation.

The Bureau of quarantine shall, likewise, formulate the guidelines and
protocols for the use of these quarantine facilities, especially during public health
emergency, pandemic or epidemic.

SEC. 6. Responsibilities of the Licensed Manning Agency. — The licensed
manning agency, shipping principal or their agents shall ensure that the seafarers
comply with the crew change requirements, particularly with the processing of
required documents and clearances necessary for their arrival, disembarkation or
transit. In addition, the licensed manning agency shall:

(a) Identify the Filipino seafarers who are transiting, signing on or
signing off the ship;

(b) Communicate with the seafarers’ one-stop shop on an upcoming
conduct of a crew change at least seven (7) days prior to vessel’s arrival;

(c) Pay the costs of accommodation and transportation of the seafarer
from the point of hire to the intended point of destination as stipulated in the
seafarer’s employment contract or collective bargaining agreement;

(d) Pay the costs of the mandatory testing, quarantine needs, and
additional tests for any prevailing public health contagion of the outbound Filipino

seafarer, as may be required under existing health protocols;


20

21

(©) Coordinate with the relevant medical facilities, government agencies
and local government units for the provision of appropriate treatment or further
tests to the seafarer for any viral or contagious disease;

(f) Facilitate the provision of emergency medical equipment in the
seaport or airport upon arrival or departure of the seafarer, regardless of
nationality, in emergency situations;

(g) Facilitate the arrangement of ship-to-shore and shore-to-ship
transport transfer requirements and point-to-point (P2P) vehicles needed by the
seafarers for the entire crew change operations;

(h) Provide appropriate briefings to the seafarer about any public health
emergency, pandemic or epidemic, and the different precautionary measures and
health-related protocols mandated by the national government and foreign
government at the port of destination;

(i) Inform seafarer’s family of any action taken or investigations
conducted in cases of accidents or death of the seafarer, whether onboard or
offshore, and report said incidents to the Department of Migrant Workers and
OWWA,; and

G) Share information about the seafarer, with the relevant government
agencies comprising the one-stop shop to ensure the health and safety of all
seafarers, with due consideration of the limitations provided under Republic Act

No. 10173, otherwise known as the “Data Privacy Act of 2012.”


1

SEC. 7. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged against the respective current year's
appropriations of the different government agencies mandated under Section 4 of
this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations
Act.

SEC. 8. Implementing Rules and Regulations. — Within sixty (60) days from
the effectivity of this Act, the Secretary of Transportation shall, in coordination
with the Administrator of Maritime Industry Authority and other heads of relevant
government agencies, issue the necessary rules and regulations for the effective
implementation of this Act.

SEC. 9. Repealing Clause. — All laws, presidential decrees, executive orders,
letters of instruction, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby modified or repealed accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,