Section 18
of Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations, 2002
Section 18
(1)
The Director may, in his discretion, and upon such conditions as he may determine, recognise any valid certificate of competency issued by a foreign maritime administration by issuing a certificate of endorsement attesting the recognition of the certificate in accordance with regulation I/10 of the
Convention.
(2)
The certificate of endorsement is to contain the information set out in regulation I/2 of the Convention.
(3)
The recognition of any certificate of competency issued by any foreign maritime administration is subject to the following conditions -
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fa} that a valid undertaking exists between the Director and the foreign maritime administration;
fbj that prompt notification shall be given by the foreign maritime administration to the Director of any significant change in the arrangements for training and certification provided in compliance with the Convention;
{c)
that the Director is satisfied that the certificate of competency is of a grade appropriate to the capacity in which the holder of the certificate is to be employed on a Brunei Darussalam ship or is of a higher grade;
{d}
that the Director is satisfied that the holder of the certificate of competency is a fit and proper person to be employed on a Brunei
Darussalam ship;
{e}
that, if the seafarer is of the management level, he shall have appropriate knowledge of the maritime legislation of the administration relevant to the functions he is permitted to perform; and
({}
that the requirements of the Convention concerning standards of competence, the issue and endorsement of certificates and record keeping are fully complied with.
(4)
On receipt of the application for a certificate of endorsement, a
Certificate of Receipt of Application shall be issued to the seafarer. The Certificate of Receipt of Application is valid for 3 months from the date of receipt of the application, by which time the Marine Department shall ensure that, if approved, the certificate of endorsement shall be issued within 90 days of receipt of the application.
(5)
Where the Director is of the opinion that a person whose certificate of competency is recognised under this regulation is not a fit and proper person to be employed on a Brunei Darussalam ship or that the person has breached any condition upon which his certificate is recognised, the Director may issue a written notice to the person informing that person of his intention to cease recognition of such certificate and giving the reasons therefor and requiring that person to show cause why his certificate shall not cease to be recognised.
(6)
A person requi[ed to show cause under sub-regulation (5) may do so in writing addressed to the. Director or may, at the discretion of the Director, appear before an officer appointed by the Director to investigate the matter.
(7)
Where no cause or insufficient cause is shown, the Director shall issue a written notice to the person informing him that his certificate of competency shall cease to be recognised as from a specified date and giving the reasons therefor and the person shall, on being so required by the Director, forthwith deliver his certificate of recognition to the Director to cancel the endorsement attesting to the recognition of the certificate.
(8)
Any person who fails to deliver his certificate to the Director when required to do so under sub-regulation (7) shall be guilty of an offence and liable on conviction to a fine not exceeding $2,000.
(9)
Any person aggrieved by any decision of the Director to cease recognition of his certificate may appeal to the Minister whose decision shall be finaL
(10}
An appeal lodged under sub-regulation (9) shall not operate as a stay of the decision of the Director to cease recognition of the certificate of the appellant unless the Director consents in writing.
(11)
Every seafarer shall carry all appropriate certificates and endorsement certificates in their original form while serving in a relevant capacity on board the ship.
(12)
Any seafarer who fails to comply with sub-regulation (11) without reasonable cause shall be guilty of an offence and liable on conviction to a fine not exceeding $2,000.
Standards and conditions for issue, endorsement and revalidation of certificates.