MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES

DIRECÇÃO GERAL DA MARINHA E PORTOS

Legislation required under Rule

I/10 – Recognition of Certificates
ANNEX 1.11

Full translation into English language

(Order nr. 24/2001, July 2nd)

APPROVES THE REGULATIONS FOR RECOGNITION OF

CERTIFICATES OF PROFESSIONAL QUALIFICATION FOR
EXERCISING FUNCTIONS ON BOARD SHIPS FLYING UNDER CAPE-
VERDIAN FLAG

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS

Order nr. 24/2001, July 2nd

APPROVES THE REGULATIONS FOR RECOGNITION OF

CERTIFICATES OF PROFESSIONAL QUALIFICATION FOR
EXERCISING FUNCTIONS ON BOARD SHIPS FLYING UNDER
CAPE-VERDIAN FLAG.

In today’s world, the mobility of seafarers is a reality and therefore is important that
regulation of means of recognizing diploma of study and certificates be put in place.
Besides, seagoing profession is characterized by an internationally nature and
knowing no boundaries.

Also, it is requirement of the International Convention on Standards, Training,

Watchkeeping and Certification, 1978, as amended in 1995 that the procedure of
recognition of certificates be regulated.

This present order having in mind the objectives defined in matters regarding training
and certification, relating to seafarers, establishes principles, rules of procedures and
requirements that must be followed for the recognition of diploma of study and
certificates.

Therefore, according to article 3 of Decree Lau nr 4/2000 of 14th of February, which

approves the Regulation on Seafarers Registration, Safe Manning, Employment
Regime, Certification, Courses, Seagoing service and Examination, for merchant
marine ships and fisheries,

The Government authorizes, by the Minister of Transport the following:

Article 1
(Approval)

The recognition of certificates or diploma of studies of professional qualification for

exercising functions on board ships flying capeverdian flag, issued by a third party,
obeys the principles, procedures and requirements of the regulation annex to this order
of which is part.

Article 2
(Entry into force)

This order comes into effect 30 days after the date of its publication.

Office of the Minister of Transport, done in Praia on 5th of June 2001. The Minister –
Jorge Lima Delgado Lopes.

REGULATIONS ON RECOGNITION OF CERTIFICATES

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS
CHAPTER I
Principles, competent authority and definitions

Article 1
(General principle)

The recognition of certificates and diploma of study issued abroad and for purpose of
exercising function on board ships must satisfy the requirements and conditions
defined in this order.

Article 2
(Competent authority)

The Maritime Administration (DGMP) is the competent authority for the purpose of
recognition of diplomas and certificates of professional qualification issued by foreign
countries.

Article 3
(Definitions)

1. For the effect of present order, diploma means a document or a set of

documents with that designation, of a certificate or other, issued by a
competent foreign State, as such considered legal that permits that its holder,
satisfy cumulatively:
a. Complete, with approval, in higher education institution, a cycle of
post-secondary education of at least three years or a cycle of study or
complementary education training program after having seagoing
service of duration not less than one year between the two cycles;
b. Have qualification establish for the access or to exercising seagoing
profession in that State;
c. Acquired training required for that diploma or have three of
professional experience certified by the State which recognized, in case
the diploma had been obtained a third country;
2. Certificate is considered to be a document or set of documents issued by a
competent authority according to the text of number 1 which permits verify
that the holder, alternatively;
a. Complete, with approval, after attended a cycle of study of secondary
education different from the alternative foreseen in paragraph a) of
number 1, completed a practical seagoing service, as required; or
b. After, attending a cycle of study of secondary education of technical or
professional nature, concluded a cycle of study or a training program
relative to previous paragraph, and if is the case, a practical seagoing
service as required;
c. Have professional qualification required for the access or to exercising
the seagoing profession;
d. Acquired the required training or have two years of professional
experience certified by the State which recognized the title issued in a
third country.

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS

CHAPTER II
(Recognition of Certificate of Competency under STCW Convention)

Article 4
(General provisions)

1. The recognition of certificate of competency for seagoing profession on board

capeverdian flag vessels follows the procedural norms of article 5 and on.
2. The recognition is made individually by request of the interested seafarers or
by mutual recognition protocols established by the competent authorities of
each foreign country.
3. Certificate for this chapter means a valid document, regardless of its
designation, issued by a competent authority of a State or under its
jurisdiction, that allows the holder to perform functions indicated on that
document and in conformity with the STCW Convention.
4. In the decision process, it is necessary to have into consideration if the
certificate object of appreciation satisfy all requirements of the STCW
Convention and include all certificates required for the exercise of related
function and the holder has appropriate knowledge of the national maritime
legislations related to the respective function.

Chapter III
(Process)

Article 5
(Request and process)

1. The request of recognition of certificate/diploma é addressed to the Maritime

Administration (DGMP) written in Portuguese language and must contain the
following documents:
a. Full name, nationality, date of birth, residence in Cape Verde and the
State which issued the certificate/diploma;
b. Indication of diploma of study, certificates of qualifications and other
professional documents of the State which issued them, as well as, if is
the case, the States that have recognized them and respective dates.
2. The requested is instructed with:
a. Official personal document of identification with the mention of
nationality;
b. Copy authenticated of documents referred in paragraph b) of number 1.
3. The documents mentioned in previous numbers must be submitted
accompanied by a translation into Portuguese language, in case need be, and
dully authenticated by a notary or Consular services.
4. The Maritime Administration (DGMP) can always required more information,
additional documents or proof of elements referred on the request.

Article 6
(Decision)

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS
1. The decision of the request may be of following nature:
a. Favorable dispatch;
b. Favorable, conditioned dispatch;
c. Unfavorable dispatch.
2. The favorable decision permits the requester immediate access to the
profession or his exercising.
3. The favorable conditioned decision implies that the requester must satisfy
additional requirement as stated in the dispatch.
4. The unfavorable dispatch cannot be accepted.
5. The recourse of the decision is to apply the general law into force.

Article 7
(Time frame)

1. A decision must be reached within four months after the date the instructions
are to be considered concluded.
2. During the pending period of recognition process, the requester may authorize,
precariously, to exercise the activity. In such cases the Maritime
Administration must issue a statement indicating the authorization granted.

Article 8
(Maritime Registration, seaman’s book and ranks)

To the individuals that have got favorable dispatch on the process of recognition of
diploma or certificate of professional qualification for the effects of exercising
profession on board capeverdian flag ships must be obliged to proceed with maritime
registration and the seaman’s book and afterwards with be endorsed the proper rank.

Article 9
(Provisional exercise of maritime profession)

1. During the process of recognition of certificate and when circumstances

allows or in case of force majeur the competent authority may authorize the
requester to embark in capeverdian flag ship as long as he is the holder of an
appropriate valid certificate issued by a foreign State.
2. The authorization, which should not be for a period of no more than three
months, must indicate that the recognition process is in due course.

Article 10
(Procedures and criteria)

1. A certificate issued by another State is recognized by the Cape Verde

Maritime Administration for the purpose of exercise functions of board ships
under capeverdian flag, if the certificate satisfied the following conditions:
a. The certificate has been issued by a State Part of the STCW
Convention.
b. The issuing State have been identified by Safety Committee of IMO as
fully comply with the STCW Convention;

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS
c. The Cape Verde Maritime Administration should have taken all
necessary measures and carry out inspection to confirm that the
requirements, level of competency for the issuance and maintenance of
the registry are satisfied and have been created a quality level
assessment system under the regulation I/8 of the STCW Convention.
2. In situations where the paragraph b) has not been satisfied, namely because the
IMO Safety Committee has not had the opportunity to do so, the State in
appreciation shall communicate to the capeverdian State and to IMO
information on:
a. Texts of laws, decrees, dispatches, regulations and legal instruments
pertaining to the implementation of STCW Convention;
b. Detailed description, content and duration of courses, including a clear
explanation of the policies adopted relatively to the educational
system, training program, examinations, assessment of knowledge and
certifications methods and criteria;
c. National examination system and other requirements adopted for each
type of certificate issued in conformity of STCW Convention;
d. Sufficient number of specimen of certificates issued under the STCW
Convention;
e. Information regarding the organizational structure of the government
agency responsible for implementing the STCW Convention;
f. Objective explanation of juridical and administrative measures taken to
guarantee the compliance of the STCW Convention regarding training
procedures and assessment and the record keeping of certificates;
g. Objective description of the formalities to be followed for
authorization, homologation, or approval of training program,
examinations and assessment of competency required by the STCW
Convention, respective conditions and a list of approval conceded.
3. The Maritime Administration shall compare the information provided with all
relevant requirements under the SCTW Convention in order to assure that full
compliance applies.
4. The Maritime Administration should undertake all necessary measures,
including the possibility of inspection of the training installations and confirm
the requirements relative to the level of competency, issuance and
authentication of certificates, etc. according to Regulation I/8 of the STCW
Convention.
5. The Maritime Administration should assure, if case need be, the a compromise
be agreed between the State object of appreciation and Cape Verde so
notification may be made in case of alterations of regimes into effect regarding
training and certifications under the provisions of STCW Convention.
6. The certificates presented for recognition must have in its writing an
authentication valid attesting his issuance, or it must be accompanied by one.
7. The Maritime Administration shall establish adequate measures destined to
guarantee that the seafarers that request recognition of certificates for
performing functions at level of management have appropriate knowledge of
capeverdian maritime legislation relative to those functions pertaining to the
rank.

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 MINISTÉRIO DAS INFRAESTRUTURAS E TRANSPORTES
DIRECÇÃO GERAL DA MARINHA E PORTOS

CHAPTER IV
(Recognition of other certificates)

Article 11
(Procedures)

1. The recognition of certificates relative to specific knowledge,

obtained through training courses required for exercising seagoing
profession or for performing functions on certain type of ships,
issued abroad by a competent authority may be recognized when
proper regulation are put into force.
2. Certificates required for recognition of certificate of competency
are foreseen in number 1.
3. The procedures for recognition of certificates foreseen in this
chapter should also apply the general principles of chapter III with
adaptations found to be necessary.
4. In case of favorable dispatch, the recognition will be formalized by
issuance of corresponding capeverdian certificate.

The Minister, Jorge Lima Delgado Lopes.