1 The Maritime Safety Committee at its eightieth
session (11 to 20 May 2005) and the Marine Environment Protection
Committee at its fifty-third session (18 to 22 July 2005), having
recognized that the removal, in exceptional circumstances, of original
records/documents by port or coastal Authorities in the context of
judicial or other administrative actions required clarification, explanation
and guidance, approved the present circular on the retention of original
records/documents on board ships with a view to assisting flag, port
and coastal States in the exercise of their responsibilities.
2 Ship’s records/documents required by international
Conventions and national law attest to the compliance of the ship
with international rules and regulations. Certain original records/documents
provide documentation about activities carried out during the normal
operation of the ship. These are available to port State control Authorities
as well as to other national Authorities in the exercise of their
responsibilities. The following is an illustrative list of these records/documents:
-
.1 ships records: the ship’s log, the oil
record book and the cargo record book;
-
.2 seafarer’s documents and certificates:
the seafarer’s record book and the seafarer’s identity
document; and
-
.3 other certificates and documents: the updated
list of certificates and documents required to be carried on board
ships is issued by the Organization in the form of a circular (FAL.2/Circ.87
- MEPC/Circ.426 - MSC/Circ.1151, as updated).
3 Because ships often travel between multiple
jurisdictions, the retention of the original records/documents on
board the ship is the primary method of attesting to their compliance.
Only in exceptional circumstances, such as when a port or coastal
State Authority can articulate a legal basis and reasons why it is
necessary, and when the master and all the parties concerned agree,
should the original records/documents be removed and replaced by certified
copies and a receipt should be left on board stating the reason for
the removal.
4 In those exceptional circumstances when original
records/documents are removed, subsequent port State control Authorities
should be made aware of this action by the master and, if necessary,
be provided, for the purpose of verification, with contact information
of the port or coastal State Authority that took such action.
5 The absence of original records/documents on
board the ship in those exceptional circumstances should not be recorded
as a deficiency against the ship.
6 Member Governments are invited to bring this
circular and the requirements of international maritime Conventions,
in particular SOLAS 74, MARPOL 73/78 and STCW 78, concerning the retention
of original records/documents on board ships to the attention of duly
authorized officials exercising port and coastal State actions and
other parties, as appropriate.