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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Seafarer Recruitment and Placement) Regulations, 2017

Part 2 : Seafarer Recruitment and Placement Services

5. Accreditation of seafarer recruitment and placement services

 

(1) For the purposes of accreditation, the seafarer recruitment and placement service must submit, in writing, to the Authority an application with the following particulars:
(a) Name and physical address of the seafarer recruitment and placement service;
(b) name of each placement agent with a brief description of that agent's relevant expertise; and
(c) details of any quality assurance system applicable to the activities of that seafarer recruitment and placement service.

 

(2) For the purposes of accreditation, a seafarer recruitment and placement service must, after having received reasonable notice, make the following documentation available for inspection by the Authority.
(a) The Act;
(b) Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013;
(c) the Convention;
(d) the STCW Convention;
(e) a certified Maritime Labour Certificate; and
(f) a certified Declaration of Maritime Labour Compliance: Parts I and II.

 

(3) If the Authority is satisfied that the seafarer recruitment and placement service complies with subregulations (1) and (2) after conducting an audit of the service, it must issue the accreditation which is valid for a period not exceeding five years, subject to subregulation (6).

 

(4) Every seafarer recruitment and placement service that is accredited must, if requested by the Authority—
(a) make available to the Authority all contracts entered into  between the seafarer recruitment and placement service and a shipowner; and
(b) make available to the Authority all contracts entered into with seafarers,

within a reasonable time from such request.

 

(5) Every seafarer recruitment and placement service that is accredited must—
(a) for audit purposes, preserve the documents referred to in subregulation (4)(a) and (b) for a period of at least five years; and
(b) allow the Authority to visit the seafarer recruitment and placement service at any reasonable time for the purposes of auditing the operations of the service.

 

(6) The Authority may vary or revoke an accreditation granted under subregulation (3) if—
(a) the seafarer recruitment and placement service concerned fails to comply with these regulations or any of the conditions of accreditation; or
(b) the Authority otherwise has reasonable grounds to vary or revoke such accreditation.

 

(7) If the Authority intends to vary or revoke accreditation under subregulation (6), it must inform the seafarer recruitment and placement service concerned accordingly, giving it at least 30 days to correct any deficiencies or to furnish reasons why accreditation should not be varied or revoked.

 

(8) A list of all accreditations in force under subregulation (3), including the particulars thereof, must be published from time to time by marine notice.

 

 


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