Federal Law on Registration of Seafarers

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 9

 

 

 

 

 

 

 

 

 

 Federal Law on Merchant Shipping (Registration of Seafarers and the Seafarers Register)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 


It is hereby provided as follows:

 

Short Title

 

1.   This Law may be cited as the Federal Law on Merchant Shipping (Registration of Seafarers and Seafarers Register).

 

 

PART I

PRELIMINARY PROVISIONS

 

Interpretation

 

2.   In this Law, unless the context otherwise requires-

 

“certificate of maritime competency“ has the meaning assigned to this term by the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training);

 

“Company” means the owner of the ship or any other organization or person such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who on assuming the responsibility has agreed to take over all duties and responsibilities under this Law, the Convention and the Regulations made for their implementation;

 

"Department " means the Department having the responsibility for maritime affairs;

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

“Director” means the head of the Directorate;

 

“Gazette” means the federal Official Gazette;

 

"Master" means any person having the command or charge of the ship;

 

“Member” means the member of the Presidential Council heading the Department

 

"owner" means the person who owns the ship or a share therein and is registered as such in the Register of Ships of the flag state;

 

«Cyprus ship» has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

“Register” means the Seafarer’s Register which is maintained according to the provisions of section 5 of this Law;

 

“seafarer “ includes the master;

 

“STCW Convention” means the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, in force for the time being in Cyprus;

 

“Seafarer's Identification and Sea Service Record Book” or in short “Book (SISR)” means the seafarer’s identification and seagoing-service record Book which is issued pursuant to the provisions of section 10 of this Law;

 

Extent of application of this Law

 

Competent Authority

 

4. The Competent Authority for the implementation of the provisions of this Law and of the Regulations made thereunder shall be the Directorate.

 

PART II

SEAFARERS ENROLMENT

 

Registration of seafarers

 

5.-(1) The Directorate shall be responsible for the registration of the seafarers and for keeping their Register.

 

(2) All persons working on board a ship shall, irrespective of gender, be called seafarers and shall, upon application, be registered as such by the Directorate in the Register, pursuant to the provisions of this Law.

 

(3) The Company must, the latest within thirty days as from a seafarer’s employment on board the ship, submit to the Directorate the necessary documents for his registration in the Register.

 

(4) Exceptionally, other professionals who are non-registered seafarers may be allowed to work on Cyprus ships for such specialised positions not included in the organisational structure of the crew.

 

(5) Any Company which contravenes its obligation under subsection 3, shall, if convicted, be liable to a fine not exceeding one thousand pounds.

 

Qualifications for registration

 

6.-(1) Seafarers who are healthy and physically able for seagoing labour shall be registered in the Register, and, following registration, shall be supplied with a Book (SISR) pursuant to the provisions of this Law.

 

(2) Persons, who are below the age of eighteen but above the age of sixteen, shall be required, for the purposes of registration, to present the written consent of their legal guardian, provided that a relevant note to that effect shall be made on the external cover of their Book, in red letters so that it is clearly visible.

 

Contents of the Register

 

7.-(1) The Register shall contain, in the order that follows below, the following information, which shall be accompanied by the documents submitted to the Competent Authority:

Serial number of Book (SISR)

Date of Issue of Book (registration)

Date of Expiry of Book

Seafarer’s Details -

Nationality

Surname, First Name, Father’s Name

Other Names

Place of Birth

Date of Birth

Name, Surname and address of next of kin

Any remarks.

 

(2) The sea service of each seafarer shall be registered in the Register together with the following  information : details of the ship on which the sea service was acquired, in particular the name, the type, the gross tonnage, the main engine’s total power, the International (IMO) Number, as well as information on the acquired sea service rank (position), the date of engagement and discharge.

 

(3) The certificate of competency which the seafarer possesses shall be recorded in the Register.

 

(4) Any interested seafarer may request and receive, from the Directorate a certificate, which will specify his sea service as it is registered in his personal file of the Register.

 

Registration number

 

8.   The registration number of the seafarer consists of a letter (M or F) and ten (10) digits. The first two digits shall indicate the country of nationality, the following six the date of birth and the last two the serial number in the Register, for those who have identical the same first eight digits.

 

Personal registration file

 

9.-(1) The documents for the registration of each registered seafarer shall be kept in a personal registration file, on the cover of which the name and surname of the registered seafarer and the serial Number of his Book (SISR) shall be stated.

 

(2) The personal Registration Files shall be kept in the Register of the Directorate in the order of the serial number of the Book (SISR).

 

 

PART III

SEAFARER’S IDENTIFICATION AND SEA-SERVICE RECORD BOOK

 

The Book

 

10.-(1) The Directorate shall issue a Book (SISR) to all registered seafarers. The number of the Book shall be kept by the method of a serial number. The number C000001 will be given to the first Book to be issued after the date of this Law coming into force.

 

(2) The Book (SISR) shall be valid for a period of ten years from the date of its issue, after which a new one shall be issued by the Directorate, pursuant to the provisions of this Law.

 

(3) The employment and dismissal of the seafarer, as well as  entries relating to the training of familiarisation with the ship, shall be effected by the Master.

 

Type of Book

 

11.-(1) The cover of the Book (SISR) shall  be plastizised and the Book shall contain in total thirty two (32) inside pages.

 

(2) On the front external cover of the (SISR) Book, the logo of United Cyprus Republic and an anchor shall be printed in relief. The words, “UNITED CYPRUS REPUBLIC –DIRECTORATE OF MARITIME AFFAIRS ”, shall be printed in Greek, Turkish and English in capital letters above the logo of United Cyprus Republic. Underneath the logo of Cyprus the following should be printed. “SEAFARER’S IDENTIFICATION AND SEA-SERVICE RECORD BOOK”.

 

(3) The Book’s pages shall be printed on appropriate coloured paper of 14½ X 9½ centimetres in external dimensions and bear the logo of Cyprus and the anchor on the Front Cover.

 

(4) The serial number of the page and the number of the Book (SISR) shall be stated on every page of the Book.

 

(5) The following shall be included in the Book (SISR):

Page 1: for the recording of the Serial Number of the Book and the bearer’s name.

Page 2: for the recording of the bearer’s personal details in english, and   his photograph stamped  a  stamp of the Competent Authority. The corresponding indications  shall be printed in Greek, Turkish and English.

Page 3-4: for the recording of useful instructions for the seafarer.

Page 5: for the recording of the certificate of maritime competency of the bearer.

Page 6: the heading and an indication in  Greek, Turkish and English for the content of pages that follow page 6 .Page 7-32: Action taken regarding the entries of the engagement and discharge. Each entry shall be recorded on a single page in either Greek, Turkish or English. The corresponding indications  shall be printed in Greek, Turkish and English. In cases where, for whatever reason, such  entries are not recorded or have been wrongly recorded, the Directorate [TC State Directorate] shall be responsible for recording these  entries.

 

(6) The Directorate may differentiate the allocation and the content of the pages described in subsection (5) .

 

(7) If it appears necessary, subject to the provisions of section 12, a Book (SISR) may be issued, upon application by a seafarer, stamped on pages 1 and 2 diagonally with the indication “ΑΝΤΙΓΡΑΦΟ”, “SURET” and “COPY”.

 

(8) If the health examination report provides for limited ability for certain employment, due to some illness of the seafarer to be registered, then pages 2 and 7-32 shall be stamped diagonally with the indication: “MAY BE EMPLOYED ONLY IN THE PERSONNEL SECTION…”, and thereafter the section of personnel or the specialisation (engine or general services or…) for which he may be employed on board, shall be stated in accordance with the  respective indication of the abovementioned report. The indication shall be stated in Greek, Turkish and English.

 

Replacement in case of lost or wear of Book.

 

12.-(1) In case where a seafarer loses his Book or the Book sustains such damage so as to make it impossible either to ascertain the identify in details or the filing of the various recordings in it, the seafarer shall, upon application and upon payment of the appropriate fee which is stipulated by the Competent Authority, obtain a new Book issued from the Competent Authority which shall be marked with the indication “ΑΝΤΙΓΡΑΦΟ“SURET”-and “COPY”.

 

(2) The loss and the circumstances under which the Book (SISR) was lost must be verified by the Directorate or a Consular Authority. These Authorities may request from the seafarer any details that may be considered necessary to ensure that there has been no fraudulent loss and that the loss was accidental and not wilful. A relevant written statement shall be submitted by the seafarer with his application for the replacement of the Book (SISR).

 

(3) When a copy of the Book (SISR) is issued, a relevant entry is made in the remark column of the seafarer’s file in the Register in which the cause and the date of the issue of the copy shall also be stated.

 

Issue of a new Book

 

a)     A new (SISR) Book shall be issued when the one in use is full. In this case the (SISR) Book which is replaced remains in the seafarer’s possession.

 

Printing and issue of Books

 

14.-(1) The (SISR) Books are official documents, shall be printed at the cost and under the supervision of Cyprus and shall be made available exclusively by the Directorate on payment of a fee under the federal Law on Merchant Shipping (Fees and Taxing Provisions).

 

Application for the issue of a Book and requirements

 

15.-(1) The person intending to be registered as a seafarer must deposit with the Directorate a specific application form accompanied by the following:

a)    A certified copy of the pages of the passport in which his personal identification details are recorded, and from which his identity can be deduced.

b)    A health examination report from which it appears that he is physically and mentally capable to be registered as a seafarer

c)    Two (2) recent photographs: provided that

d)    The fee for the Book (SISR).

e)    A certificate of criminal record or a statement from the Master, the owner or previous employer regarding the seafarer’s character.

 

(2) The person to be registered must be capable of swimming. This capability shall be verified by the candidate seafarer in the application.

 

(3) If the applicant is less than eighteen (18) years of age, he must file a written consent from his legal guardian(s).

 

(4) In the application it must be stated if the candidate for enlistment has been supplied in the past with another (SISR) Book.

 

(5) The Directorate shall ensure, by way of searching in the Register, that any registration of the applicant will be a first registration in Cyprus.

 

Directorate’s power of refusal for the issue of a Book

 

16.-(1) The Directorate may refuse the issue of the (SISR) Book to any seafarer, if he has been convicted and sentenced  to imprisonment for a period exceeding six months or has been convicted of conspiracy, smuggling, theft, fraud, trading or use of drugsor is for any other reason in the interest of Cyprus  deemed to be unsuitable for registration.

 

(2) If the Directorate refuses, for any reason whatsoever, to issue a Book (SISR), it shall give notice in writing, duly justifying its refusal, to the applicant who shall have the right, within a time-limit of forty five days as from notification of the refusal, to require re-examination of his application and the carrying out of an inquiry.

 

(3) The inquiry shall be carried out by two surveyors of the  Directorate designated for this purposes by the Director . Upon completion of the inquiry, the surveyors shall issue a report setting out the results of the inquiry, and the Directorate shall decide on the application for re-examination referred to in subsection (2).

 

 

PART IV

FINAL PROVISIONS

 

Regulations

 

17.                 The Presidential Council may make Regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.

 

Savings.

 

18.                Any seafarer registered by any authority in Cyprus prior to the entry into force of this Law shall be deemed to be registered under the provisions of this Law, if the said registration is recognised as valid under Article 12 of the Foundation Agreement.