INTERTANKO LATIN AMERICAN PANEL INTERNATIONAL LABOR ORGANIZATION MARITIME LABOR CONVENTION JOSEPH ANGELO 25 APRIL 2006

BACKGROUND NOT A GOVERNMENT INITIATIVENOT A GOVERNMENT INITIATIVE INDUSTRY INITIATIVE INTRODUCED BYINDUSTRY INITIATIVE INTRODUCED BY INTERNATIONAL SHIPPING FEDERATION (ISF) INTERNATIONAL SHIPPING FEDERATION (ISF) ISF ADVOCATED A RADICAL APPROACH – NEW PROBLEMS NEED NEW SOLUTIONSISF ADVOCATED A RADICAL APPROACH – NEW PROBLEMS NEED NEW SOLUTIONS 6 YEAR EFFORT THAT BEGAN IN YEAR EFFORT THAT BEGAN IN 2000

PROBLEMS WITH EXISTING ILO INSTRUMENTS TOO MANY EXISTING ILO INSTRUMENTSTOO MANY EXISTING ILO INSTRUMENTS OUTDATED – DID NOT REFLECT CURRENT WORKING & LIVING CONDITIONSOUTDATED – DID NOT REFLECT CURRENT WORKING & LIVING CONDITIONS NOT ADEQUATELY RATIFIED WORLDWIDENOT ADEQUATELY RATIFIED WORLDWIDE INADEQUATE AMEMDMENT PROCEDURESINADEQUATE AMEMDMENT PROCEDURES NO PRACTICAL ENFORCEMENT PROCEDURESNO PRACTICAL ENFORCEMENT PROCEDURES

CONVENTION STRUCTURE VERTICAL STRUCTUREVERTICAL STRUCTURE ARITCLES – LEGAL PROVISIONS, DEFINITIONSARITCLES – LEGAL PROVISIONS, DEFINITIONS REGULATIONS – PRINCIPLES, OBLIGATIONSREGULATIONS – PRINCIPLES, OBLIGATIONS CODE – DETAILS TO IMPLEMENT REGSCODE – DETAILS TO IMPLEMENT REGS PART A – MANDATORY STANDARDS PART A – MANDATORY STANDARDS PART B – GUIDELINES - NOT MANDATORY PART B – GUIDELINES - NOT MANDATORY

REGS & CODE – FIVE TITLES MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON SHIPSMINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON SHIPS CONDITIONS OF EMPLOYMENTCONDITIONS OF EMPLOYMENT ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERINGACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING HEALTH PROTECTION, MEDICAL CARE, WELFARE, AND SOCIAL SECURITYHEALTH PROTECTION, MEDICAL CARE, WELFARE, AND SOCIAL SECURITY COMPLIANCE AND ENFORCEMENTCOMPLIANCE AND ENFORCEMENT

DEFINITIONS SEAFARER ANY PERSON EMPLOYED OR WORKING IN ANY CAPACITY ON BOARDANY PERSON EMPLOYED OR WORKING IN ANY CAPACITY ON BOARD RESOLUTION TO ASSIST ADMINISTRATIONS IN DETERMINING WHO MAY BE EXCLUDEDRESOLUTION TO ASSIST ADMINISTRATIONS IN DETERMINING WHO MAY BE EXCLUDEDSHIPOWNER OWNER, MANAGER, AGENT, BAREBOAT CHARTEREROWNER, MANAGER, AGENT, BAREBOAT CHARTERER PERSON OR ORGANIZATION ASSUMING RESPONSIBILITY FOR OPERATIONSPERSON OR ORGANIZATION ASSUMING RESPONSIBILITY FOR OPERATIONS

APPLICABILITY ALL SHIPS 200 GROSS TONS AND ABOVE ORDINARILY ENGAGED IN COMMERCIAL ACTIVITIESALL SHIPS 200 GROSS TONS AND ABOVE ORDINARILY ENGAGED IN COMMERCIAL ACTIVITIES EXCLUDES SHIPS EXCLUSIVELY IN INLAND OR SHELTERED WATERS WHERE PORT REGULATIONS APPLYEXCLUDES SHIPS EXCLUSIVELY IN INLAND OR SHELTERED WATERS WHERE PORT REGULATIONS APPLY EXCLUDES SHIP ENGAGED IN FISHING, DHOWS, JUNKS, WARSHIPSEXCLUDES SHIP ENGAGED IN FISHING, DHOWS, JUNKS, WARSHIPS

MARITIME LABOR CERTIFICATE ISSUED BY FLAG STATE OR ITS ROISSUED BY FLAG STATE OR ITS RO VERIFIES THAT LABOR CONDITIONS COMPLY WITH NATIONAL REGULATIONSVERIFIES THAT LABOR CONDITIONS COMPLY WITH NATIONAL REGULATIONS VALIDITY – 5 YEARS (PERIODIC INSPECTIONS)VALIDITY – 5 YEARS (PERIODIC INSPECTIONS) IDENTIFIES THE SHIPOWNER WHO IS RESPONSIBLE TO SATISFY OBLIGATIONS OF THE CONVENTIONIDENTIFIES THE SHIPOWNER WHO IS RESPONSIBLE TO SATISFY OBLIGATIONS OF THE CONVENTION

DECLARATION OF MARITIME LABOR COMPLIANCE NATIONAL LAWS AND OWNERS PLAN TO IMPLEMENT 14 AREAS OF STANDARDS: MINIMUM AGEMINIMUM AGE MEDICAL CERTIFICATIONMEDICAL CERTIFICATION QUALIFICATIONS OF SEAFARERSQUALIFICATIONS OF SEAFARERS SEAFARER EMPLOYMENT AGREEMENTSSEAFARER EMPLOYMENT AGREEMENTS USE OF A RECRUITMENT AND PLACEMENT SERVICEUSE OF A RECRUITMENT AND PLACEMENT SERVICE

HOURS OF WORK OR RESTHOURS OF WORK OR REST MANNING LEVELSMANNING LEVELS ACCOMMODATIONSACCOMMODATIONS ON BOARD RECREATIONAL FACILITIESON BOARD RECREATIONAL FACILITIES FOOD AND CATERINGFOOD AND CATERING HEALTH AND SAFETY AND ACCIDENT PREVENTIONHEALTH AND SAFETY AND ACCIDENT PREVENTION ON BOARD MEDICAL CAREON BOARD MEDICAL CARE ON BOARD COMPLAINT PROCEDURESON BOARD COMPLAINT PROCEDURES PAYMENT OF WAGESPAYMENT OF WAGES

SOCIAL SECURITY FLAG STATE ENSURES STATE OF RESIDENCE PROVIDES AT LEAST THREE OF THE NINE -MEDICAL CARE- INVALIDITY BENEFIT -SICKNESS BENEFIT- SURVIVOR’S BENEFIT -OLD AGE BENEFIT- FAMILY BENEFIT -MATERNITY BENEFIT -UNEMPLOYMENT BENEFIT -EMPLOYMENT INJURY BENEFIT

PRIMARY ENFORCEMENT PORT STATE FLAG STATE ILO

PORT STATE POSSESSION OF MARITIME LABOR CERTIFICATE AND DECLARATION OF MARITIME LABOR COMPLIANCE IS PRIMA FACIE EVIDENCE OF COMPLIANCEPOSSESSION OF MARITIME LABOR CERTIFICATE AND DECLARATION OF MARITIME LABOR COMPLIANCE IS PRIMA FACIE EVIDENCE OF COMPLIANCE MORE DETAILED INSPECTION IF:MORE DETAILED INSPECTION IF: - CLEAR GROUNDS NOT IN COMPLIANCE - REASONABLE GROUNDS SHIP REFLAGGED TO AVOID COMPLIANCE - COMPLAINT ALLEGING NON-COMPLIANCE NON-COMPLIANCE CAN RESULT IN DETENTIONNON-COMPLIANCE CAN RESULT IN DETENTION

FLAG STATE AND ILO FLAG STATE SUBMIT QUALITY ASSESSMENT REPORTS TO THE ILOSUBMIT QUALITY ASSESSMENT REPORTS TO THE ILOILO “SPECIAL TRIPARTITE COMMITTEE” WILL CONTINUALLY REVIEW THE WORKING OF THE CONVENTION“SPECIAL TRIPARTITE COMMITTEE” WILL CONTINUALLY REVIEW THE WORKING OF THE CONVENTION

“NO MORE FAVORABLE TREATMENT” CLAUSE “SHIPS MUST NOT BE DISADVANTAGED BECAUSE THEIR FLAG STATE HAS RATIFIED THE CONVENTION” INTENTION IS TO ENCOURAGE RATIFICATION BY ALL STATESINTENTION IS TO ENCOURAGE RATIFICATION BY ALL STATES A RATIFYING PORT STATE MAY INSPECT THE WORKING AND LIVING CONDITIONS ON SHIPS OF A NON-RATIFYING FLAG STATEA RATIFYING PORT STATE MAY INSPECT THE WORKING AND LIVING CONDITIONS ON SHIPS OF A NON-RATIFYING FLAG STATE

“NO MORE FAVORABLE TREATMENT” CLAUSE NO CERTIFICATES – NO PRIMA FACIE EVIDENCE TO REVIEWNO CERTIFICATES – NO PRIMA FACIE EVIDENCE TO REVIEW PSC SUBMITS FINDINGS TO OTHER PSC AUTHORITIES AND TO THE ITFPSC SUBMITS FINDINGS TO OTHER PSC AUTHORITIES AND TO THE ITF DETENTION A DEFINITE POSSIBILITYDETENTION A DEFINITE POSSIBILITY

CONVENTION EXCLUSIONS PENSION BENEFITS – SEAFARERS PENSION CONVENTION NO. 71 IN EFFECTPENSION BENEFITS – SEAFARERS PENSION CONVENTION NO. 71 IN EFFECT LEGAL JURISDICTION – SEAFARER CAN USE LEGAL SYSTEM OF FLAG STATE OR RESIDENCE, BUT NOT “SHOP” FOR GOOD LEGAL SYSTEM OF PORT STATELEGAL JURISDICTION – SEAFARER CAN USE LEGAL SYSTEM OF FLAG STATE OR RESIDENCE, BUT NOT “SHOP” FOR GOOD LEGAL SYSTEM OF PORT STATE CREW CLAIMS AND ABANDONMENT – JOINT IMO/ILO WORKING GROUP WILL CONTINUE TO DISCUSSCREW CLAIMS AND ABANDONMENT – JOINT IMO/ILO WORKING GROUP WILL CONTINUE TO DISCUSS

ENTRY INTO FORCE PROVISIONS RATIFICATION BY 30 COUNTRIES WITH A TOTAL SHARE OF 33 PERCENT OF THE WORLD’S GROSS TONNAGERATIFICATION BY 30 COUNTRIES WITH A TOTAL SHARE OF 33 PERCENT OF THE WORLD’S GROSS TONNAGE EU REPRESENTS 25 COUNTRIES AND 27 PERCENT OF TONNAGEEU REPRESENTS 25 COUNTRIES AND 27 PERCENT OF TONNAGE ENTRY INTO FORCE EXPECTED WITHIN 3-5 YEARSENTRY INTO FORCE EXPECTED WITHIN 3-5 YEARS