Liberia provided guidance, in the form of Questions and Answers, to help Shipowners, Operators, Masters and Recognized Organizations that may be experiencing difficulty in conducting operations, due to the new coronavirus.
These difficulties could relate to restricted access to shipyards and ports for inspectors, auditors, surveyors and crews, which could result in delays in conducting statutory surveys, audits, inspections, crew changes, etc., to maintain validity of certificates and compliance with regulations.
The Safety Management Certificate (SMC)
Will the Administration extend the internal initial ISM audit beyond 3 months (see 14.4.3 of the ISM Code)?
Answer: The Administration will authorize an extension for up to one month. The company should provide evidence the audit was planned to occur within three months, and they are not able to complete the audit because of the port restrictions created in response to the COVID-19. If necessary, the Administration may extend, or authorize the RO to extend the Interim SMC a full 6 months.
Can the internal annual ISM Audit be extended beyond the 15 months allowed by IMO Resolution MSC 273 (85) as authorized in ISM-001?
Answer: The internal annual ISM Audit cannot be extended beyond 15 months. However, the Administration can authorize additional time to complete the onboard internal audit, issuing a letter granting the authorization, provided the internal auditor carries out a remote audit with the assistance of an officer currently serving on board. The Administration will accept the remote audit in lieu of the onboard audit for a specific period of time.
Will the Administration extend the external initial ISM audit beyond the 6 months provided on the Interim SMC?
Answer: The requirement states the certificate is to be issued for 6 months from the date of the interim audit, but the ISM Code authorizes an extension of the validity of an Interim SMC in special cases for a further period which should not exceed 6 months from the date of expiry of the initial interim certificate. If adequate justification with supporting documentation is provided, the Administration will extend the Interim SMC accordingly.
The International Ship Security Certificate (ISSC)
Will the Administration extend the internal initial ISPS audit beyond the requirements found in the ISPS Code?
Answer: 19.4.4 of the ISPS code states the internal audit must be planned to take place within 6 months. Provided the Administration can be shown the internal audit was planned to take place within 6 months, and the internal audit will be performed in time to provide adequate documentation for the initial external audit, the Administration will authorize an extension up to one month before the initial audit is scheduled to take place. If requested an official letter may be provided.
Can the internal annual ISPS Audit be extended beyond the 15 months allowed by IMO Resolution MSC 273 (85)?
Answer: The internal audit cannot be extended further.
Can the Interim ISSC be extended?
Answer: The Interim ISSC cannot be extended. Nevertheless, if the Administration receives adequate justification with supporting documentation, it will issue or authorize the RSO to issue a Subsequent, Consecutive, Interim ISSC, when the Shipowner/ Operator provides documentation showing compliance with the 19.4.2.4 to 19.4.2.6 of the ISPS Code.
Can the external intermediate audit required by the ISPS Code be extended by the Administration?
Answer: The Administration cannot provide an extension of the Intermediate audit as the ISPS Code provides a one-year window to conduct the Intermediate ISPS Audit.
The Maritime Labour Certificate (MLC):
Can the Administration extend the external initial MLC 2006 inspection beyond the 6 months provided on the Interim MLC?
Answer: The Administration cannot extend the interim MLC Certificate date as MLC does not provide for an extension.
Can the external intermediate inspection required by MLC 2006 be extended by the Administration?
Answer: The Administration is unable to extend the intermediate MLC inspection date as MLC does not provide for an extension.
Can the Administration extend the date for the renewal inspection required by MLC 2006?
Answer: The Administration cannot extend the date of the renewal inspection required by MLC 2006. The requirement states the certificate is to be issued for a period of 5 years from the date of the MLC inspection for issuance of a full-term Certificate.
Other Statutory Surveys and Certificates
Will the Administration authorize the postponement of a vessels dry dock survey and Statutory Surveys including the IOPP renewal survey?
Answer: SOLAS Chapter I, Regulation 14(e) and MARPOL Annex I, Regulation 10.5 allows a Certificate to be extended by a maximum period of 3 months if the ship is not in a port where the surveys are to be carried out.
If it can be proven that a ship was scheduled for the dry-docking survey and installation of a BWMS in a shipyard in due to the outbreak of the COVID-19, the shipyard is experiencing major delays on all projects, the Administration may extend the Dry-Dock Survey and related Statutory surveys including the IOPP renewal survey beyond the maximum three (3) months, if the vessel operator provides the Administration with the necessary documentation.
Flag State Inspections
Will the Administration extend the flag State inspection for our vessel as it is currently calling on ports where the inspector or auditor cannot attend due to restrictions placed on vessels by port authorities due to the COVID-19?
Answer: If the flag inspector cannot attend because of current restrictions imposed on the vessel due to the COVID-19, the Administration will extend the flag State inspection to the next port where the inspection can take place. The vessel operator is to contact the audit department if the vessel is due for flag State inspection, and provide documentation in support of the request to postpone, with the ship’s schedule, so the inspection can be conducted when and where possible.
Will the Administration authorize the Permanent Certificate of Registry to be issued if the flag State inspection cannot be conducted before the expiration of the Provisional Certificate of Registry?
Answer: The Administration will not authorize the issuance of a Permanent Certificate of Registry, but if the inspection is scheduled as the next available port, the Administration will authorize an extension of the Provisional Certificate of Registry until the date of the scheduled inspection.
Seafarers
Will the Administration permit agreements by seafarers to continue being engaged under their seafarers’ employment agreements beyond a period of 11 months due to restrictions placed on vessels by port authorities due to the COVID-19
Answer: The Administration will authorize seafarers to continue being engaged under their seafarers’ employment agreement beyond 11 months. This allows seafarers to postpone their annual leave and continue to be engaged beyond the 11 months, provided:
- Both the seafarer and shipowner agree for seafarer to forego annual leave, if the period of engagement on board will exceed 11 months;
- A proper risk assessment is carried out by the shipowner taking into account the ship’s trading pattern, rest hours, and fatigue and other identified hazards.
The Administration will issue a letter to the shipowner agreeing to seafarers to be engaged under their seafarers’ employment agreements beyond a period of 11 months, considering arrangements made by the shipowner to repatriate seafarers as soon as possible at the next available port.
Will the Administration authorize a seafarer to continue service on board a ship when their Certificate of Competency (COC) issued by their national Administration has expired, and they are not permitted by the Port Authorities to depart due to the COVID-19?
Answer: This Administration mainly issues endorsements of National COCs. In the scenario above, the Country issuing the seafarer’s national COC should be contacted and asked to issue an extension of the national COC, so Liberia can issue an endorsement of the extension.
If this cannot be done, the Administration may issue a short-term dispensation letter facilitating the seafarer to continue to sail in their present capacity until the vessel reaches the first port where he/she can be replaced and repatriated. Documentation should be provided regarding the requirements of the Port Authorities and correspondence from the national Authority that issued the Seafarer’s National COC denying the extension.
Will the Administration allow a vessel to sail without a Master, should the Master refuse to sail the vessel to a specific port or ports due to the COVID-19, and the ship manager cannot find a relief Master?
Answer: If the ship is in a safe port, the Administration cannot allow a vessel to sail without a Master.
What if an extension of an audit or inspection cannot be granted?
Answer: The Administration may issue a letter granting the vessel authorization to sail to the next available port where the audit, or inspection can take place. This authorization letter will be issued when requested if port restrictions issued in response to the COVID-19 create unexpected extenuating circumstances beyond the vessel operator’s control. To receive the vessel specific authorization letter from the Administration, the Shipowner/Operator must provide enough justification with supporting documentation.
