In light of the ongoing coronavirus crisis, the Cayman Islands Shipping Registry (CISR) published several guidelines, including a non- exhaustive list of scenarios and provided instructions for owners and managers who face such challenging issues due to the COVID-19 outbreak.
The challenges the industry faces today include
- the timely repatriation of seafarers onboard Cayman Islands registered ships at the end of the period in the seafarer’s employment agreement (SEA).
- deployment of seafarers who are not able to obtain revalidation from training institutes for their expiring certification.
- inability to obtain shipyard dry-docking services.
- inability to carry out mandatory periodical surveys, audits and inspections in time.
The above issues challenge the shipowners who arrange crew changes for seafarers to be repatriated when they have reached the maximum period of service in their SEA / CBA (Collective Bargaining Agreements).
Consequently, the Registry notes that there is a possibility that seafarers onboard Cayman Islands flagged ships may exceed the service period entered in their SEA.
The Registry adds that many SEA’s and CBAs provide a short extension, usually a month, to the period of service where needed, supporting that this should be used where possible given the current situation and would not normally require CISR to take place.
Under the possibility that the SEA does not contain such a provision, as stated above, the CISR will be able to give consideration to permitting an extension to the period of service provided that the following applies:
- The CISR is provided with the details of all the affected seafarers.
- These seafarers voluntarily consent to the extension in writing.
- Such extensions do not exceed the maximum period of service permitted by the Maritime Labour Convention (MLC) and the Law which is 12 months.
Moreover, as many countries and ports have implemented quarantine or self-isolation measures on persons in or arriving from specific locations or people who have come to close contact with infected ones, CISR has issued guidance herebelow:
- Any seafarer diagnosed with COVID-19 whilst employed would be entitled to medical care and sick leave as per their SEA, the law and MLC.
- Any “mandatory quarantine” on joining or leaving a ship for existing crew should be considered as the seafarer still being in the service of the ship and therefore paid accordingly. For brand new crew whether this applies prior to starting work (signing on) would be down to the contract, though the CISR strongly encourages owners and managers to give due regard to the current situation.
- “Precautionary self-isolation” may not be considered as in the service of the ship and is at the discretion of the employer, though the CISR strongly encourages owners and managers to give due regard to the current situation and consider self-isolation as in the service of the ship.
Also, the flag informs that if a seafarer serving or engaged onboard a Cayman Islands vessel is unable to revalidate their Certificate of Competency (COC) before the expiry date due to challenges associated with the COVID-19 outbreak then consideration will be given to allow seafarers who holds a Cayman Islands Endorsements for such endorsements to be extended provided the seafarer has the agreement from the issuing state of the underlying COC. This will also apply to revalidation of mandatory training required under the STCW Convention.
The CISR will also consider the extension of mandatory statutory surveys, inspections or audits.
Application for extension of surveys / inspections / audits or the validity of statutory certificates may be submitted to CISR, accompanied by a recommendation from the ship’s recognized organization (RO).
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