1. Part. cishipping.com. (15 February 2012)

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1 DECLARATION OF MARITIME LABOUR COMPLIANCE - PART I 1. Part I of the Declaration of Maritime Labour Compliance has to be completed by the flag state and summarises the way in which the provisions of the MLC are embodiedd in national requirements. 2. The following is a current representation of the Cayman Island Declaration and comprises both existing and new legislation. Whilst the DLMC Part 1 is considered accurate at the time of publication, this is subject to change as the policy and supporting legislation is developed. Copyright 2011 Maritime Authority of the Cayman Islands. All Rights Reserved. cishipping.com

2 Form xxxxx Certificate No: xxxxxx CAYMAN REGISTRY Insert appropriate logos Maritime labour (Note: Convention, This Declaration must 2006 be attached Declaration of Maritime to the Labour ship s Maritime Compliance Labour Certificate) Part I Issued under the authority of the Maritime Authority of the Cayman Islands With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of ship IMO number Gross tonnage is maintained in accordance with standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided < under the corresponding national requirement listed below>< in the section provided for this purpose below> (Strike out the statement which is not applicable) (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned. 1. Minimum age (Regulation 1.1) Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] prohibits employment of persons under the age of sixteen. Specifically, seafarers under the age of 18 may not be employed for hazardous work which means any work undertaken on board or in relation to the ship which, by its nature or the circumstances under which it is to be carried out, is likely to harm the health or safety of the seafarer, and includes- working in enclosed spaces; working adjacent to open holds or tanks; working over the ship s side; working aloft such as on masts, mast tables, or samson posts etc.; operating machinery, winches or lifting equipment with heavy loads; work in the vicinity of cargo operations; working long hours beyond those set out in the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision); and mooring operations, or other such similar work.employment as a ship s cook Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] restricts night work for under 18s and defines night work as work undertaken on board or in relation to the ship between the hours of 21:00 on one day and 06:00 the following day. (Page 2 of 11)

3 2. Medical certification (Regulation 1.2) A seafarer of the age of 16 or 17 may work at night if the work forms part of an established programme of training the effectiveness of which would be impaired by the prohibition above. Merchant Shipping (Medical Certification) Regulations [2012] and Shipping Notice [CISN 05/2011 (Rev 1)] require every seafarer to have a valid medical fitness certificate and prohibits the employment of a seafarer who does not hold such a certificate, except in the circumstances provided for in A1.2 8 and A In urgent cases (A1.2.8) the seafarer s medical certificate must have expired no more than 1 month prior to joining the ship, and must have been issued for the full validity appropriate to the seafarer s age (i.e. 1 year for a seafarer under 18 years of age at the time of issue, and 2 years for other seafarers.) A valid medical certificate is a Certificate issued under the authority of one of the list of countries whose medical certificates are accepted listed in Merchant Shipping (Medical Certification) Regulations [2012] / Shipping Notice [CISN 05/2011 (Rev 1)] as amended from time to time. Any medical fitness certificate shall be valid for no more than two years; or no more than one year if the seafarer is under the age of 18 years. If the seafarer is employed at the time of their medical examination, the employer must bear the cost. The certificate must be in English. The Approved Doctor may issue a seafarer with a Fit certificate with restrictions on the geographical locations or duties in which the seafarer is fit to work for example, the restriction not fit for lookout duties where the seafarer has a colour vision deficiency. 3. Qualifications of seafarers (Regulation 1.3) Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] set training requirements in accordance with STCW 1978 (as amended) All officers to be qualified as specified on safe manning document. Certificates of competency and familiarization training for all seagoing ships, STCW requirements apply except as provided below. For all seafarers, the Cayman Islands applies the ISM Code Section 6: Safety management system to demonstrate that all seafarers have sufficient training for their own and others safety. This includes familiarization training for the ship and for their role on board. Substantial equivalents for training and qualifications Regulation 44 of the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] and Regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure), 2002, disapply the Certification, Safe Manning, Hours of Work and Watchkeeping Regulations with respect to Large Yachts operating under the Large Commercial Code and instead apply the manning standards set out within that Code. See section of the Code. 4. Seafarers employment agreements (Regulation 2.1) Merchant Shipping Law (2008 Revision) sections 88 and Merchant Shipping (Seafarer s Employment Agreement) Regulations [2012] require all seafarer s to have a Seafarer s Employment Agreement. It is proposed, in addition to the contents required by A2.1.4(a)( to (j) that Cayman Islands seafarer employment agreements should include Any terms and conditions relating to hours of work, including normal hours of work The grievance and disciplinary procedures applicable to a seafarer s employment including where appropriate reference to the [Merchant Navy Code of Conduct]. (Page 3 of 11)

4 If the SEA is signed by a representative of the shipowner (e.g. a manning agent, yacht management company), that representative must be named as an authorised representative in the shipowner s DMLC Part 2. MACI has published a model SEA for those who wish to use it. The Merchant Shipping (Seafarer s Employment Agreement) Regulations [2012] will allow other documents to form part of the SEA. The SEA itself and any documents forming part of the SEA, if they are not in English would have to be available on board in English translation. MACI would expect each seafarer to have an original, signed copy of their SEA. There should also be copies of each master SEA in use on the ship must be kept on board by the shipowner. Minimum period of notice: 7 days, except by mutual agreement. Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1992, Part 4 Discharge of Seamen requires that the master or authorised person shall record details of the ship and the voyage from which the seafarer is being discharged. Wages: See section 14 Annual leave: Merchant Shipping (Seafarer s Employment Agreement) Regulations [2012] provide that every seafarer is entitled to at least 2.5 days per month of employment, or pro rata if the seafarer is not employed for a full year, within each year of employment. Shipping Notice [xxx] will give more guidance on justified absences, arrangements for leave, etc in accordance with B2.4. Repatriation: - Merchant Shipping (Repatriation) Regulations, [2012] include the following additional provisions in accordance with MLC Regulation 2.5 and Standard A2.5. Owners of Cayman Islands ships are required to provide financial security to ensure that seafarers are duly repatriated in accordance with the MLC. Shipowners are prohibited from requiring seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment Where the shipowner fails to arrange or pay for repatriation, the Flag State has to do so. If the Flag State fails to do so, either the Port State or the State of Domicile may arrange for their repatriation and recover the cost from the Flag State. The Flag State may then recover costs incurred from the shipowner. A Port State or other State that has paid for repatriation may detain, or request detention of the ships of the shipowner concerned until reimbursement has been made. 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4) 6. Hours of work or rest (Regulation 2.3) Where a seafarer s employment is terminated on disciplinary grounds, the shipowner may recover repatriation and ancillary costs from the seafarer [up to $1000]. Merchant Shipping (Seafarer s Employment Agreement) Regulations [2012] include provisions to ensure that Cayman Islands flagged ships recruit only from crewing agencies which meet MLC requirements. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] provide for minimum rest of at least 10 hours in any 24 hour period and 77 hours an any 7 day period. Shipping Notice [xx] sets out the detailed requirements, including requirements to display a schedule of hours and for the format of hours of work records. Any exception from the above requirements authorised by MACI must be recorded (Page 4 of 11)

5 7. Manning levels for the ship (Regulation 2.7) in the DMLC Part 2. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] require safe manning documents (MSMD) for all ships over 500 GT. A Cayman Islands MSMD is issued upon receipt of form [CISR750]. Owners of ships under 500 GT may also choose to hold a MSMD. Cayman Islands policy is to provide a MSMD for all pleasure yachts of 24 m and over certified in accordance with the Large Commercial Yacht Code. The MSMD must be carried on board the ship and be made available for inspection. The number of seafarers on board must comply with or exceed the MSMD in terms of both the number and qualifications of seafarers. 8. Accommodation (Regulation 3.1) If a ship changes trading area, construction, machinery or equipment, operation and/or method of maintenance, or seafarers persistently fail to comply with hours of rest requirements, the MSMD should be reviewed. For existing ships: Merchant Shipping (Crew Accommodation) Regulations, 1988, set standards for existing ships. For ships built after [date of entry into force of MLC]: Merchant Shipping (Crew Accommodation) Regulations [2012] update the Cayman Islands requirements in line with MLC Regulation 3.1 and Standard A3.1 and those parts of B3.1 which are already mandatory under Cayman Islands legislation. All new builds are subject to plan approval. Substantial equivalents Yachts over 24m in length holding a certificate of compliance with the Large Commercial Yacht Code Standards will be dealt with under Chapter 21 of LY3. Separate guidance to be issued. 9. On-board recreational facilities (Regulation 3.1) 10. Food and catering (Regulation 3.2) For existing ships: Merchant Shipping (Crew Accommodation) Regulations, 1988, set standards for existing ships. For ships built after [date of entry into force of MLC]: Merchant Shipping (Crew Accommodation) Regulations [2012] update the Cayman Islands requirements in line with MLC Regulation 3.1 and Standard A3.1 and those parts of B3.1 which are already mandatory under Cayman Islands legislation. Merchant Shipping (Provisions and Water) (Cayman Islands) Regulations 1989 [2011] (as amended) set standards for food and water. These regulations will be replaced with Merchant Shipping (Food and Catering) Regulations, [2012] in line with MLC Regulation and and Standard A 3.2.1and Standard A3.2.2(a) and (b) and A The Merchant Shipping (Food and Catering) Regulations, [2012] and Shipping Notice [xxx] provides guidance on compliance with these provisions. Merchant Shipping (Crew Accommodation) Regulations 1988 cover galley requirements for existing ships. Merchant Shipping (Crew Accommodation) Regulations [2012] set out the requirements for ships built after [date of entry into force of MLC] Merchant Shipping (Certification of Ships Cooks) Regulations 2004 will be revoked and replaced with Merchant Shipping (Food and Catering) Regulations, [2012] which sets the requirements for carriage and certification of ship s cooks. Merchant Shipping (Crew Accommodation) Regulations 1988 [2012] & Merchant Shipping (Food and Catering) Regulations [2012] (as amended) set out galley requirements for all ships and the requirements for the provision of food and water. (Page 5 of 11)

6 11. Health and Safety and accident prevention (Regulation 4.3) It is proposed to introduce new requirements for training in food and personal hygiene and food handling and storage for other seafarers preparing food in the galley. Merchant Shipping (Safety Officials) Regulations [2012] place a responsibility on the employer to provide a safe working environment and require the appointment of safety officers Guidance is given in UK s MGN 20(M+F) and associated MGNs and in the Code of Safe Working Practices for Merchant Seamen Section 183 of the Merchant Shipping Law (2008 Revision) and the ISM Code requires management systems that promote a safe working environment. Reporting of occupational accidents is required by the Merchant Shipping (Accident Reporting and Investigation) Regulations [2012]. New provisions are proposed to require reporting of dangerous diseases. It is proposed to develop and amend Regulations to ensure that they provide Health and Safety protection to all seafarers (as defined by Article II of the MLC), regardless of their employment status. 12. On-board medical care (Regulation 4.1) Merchant Shipping Law (2008 Revision) section 108 and the Merchant Shipping (Medical Care and Medical Stores) Regulations [2012] require the cost of medical and dental treatment for seafarers to be borne by the employer regardless of location. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision) [as amended] set standards for medical and first aid training in line with STCW 1978 (as amended). Merchant Shipping (Medical Stores) Regulations [2012] set the requirements for medical stores to be carried on seagoing ships, including specified treatments and medical equipment, and a medical guide, to be carried on seagoing ships. Merchant Shipping (Medical Care) Regulations [2012] require that where a Cayman Islands ship carries 100 or more persons on an international voyage of more than three days then the ship must carry a qualified medical doctor who is responsible for providing medical care. The UK s MGN 225(M+F) explains the UK system for access to Radio Medical Advice to be used by Cayman Islands ships. It is proposed to create a new statutory duty that the master and shipowner should allow the seafarer to go ashore for necessary medical attention when reasonably practicable, in compliance with Standard A4.1.1(c). The shipowner will be required to provide financial security for compensation for death or long-term disability of seafarers due to an occupational injury, illness or hazard, in accordance with MLC standard A4.1.1(b). Substantial equivalents [to be agreed in consultation with representatives of seafarers and shipowners] 13. Onboard Complaint Procedure (Regulation 5.1.5) 14. Payment of wages (Regulation 2.2) Yachts over carrying between 13 and 36 passengers holding a certificate of compliance with the Passenger Yacht Code will require a qualified medical doctor if they carry 100 or more persons on voyages of over 600 nm. Merchant Shipping (Survey and Certification) Regulations [2012] require a procedure for on board investigation of complaints. New requirements will be introduced to ensure that shipowners have on board complaints procedures in accordance with MLC Regulation and Standard A5.1.5 Merchant Shipping Law (2008 Revision) Sections set requirements for payment of wages. Further details are contained in the Merchant Shipping (Wages) Regulations [2012]. Wages: Merchant Shipping (Wages) Regulations [2012] apply the requirements in (Page 6 of 11)

7 MLC Regulation 2.2 and Standard A2.2 such that: (a) seafarers must be paid regularly, at no more than monthly intervals, in accordance with their employment agreements; (b) seafarers may transmit a proportion of their earnings to their families; (c) the current limit on deductions from seafarers wages in respect of repatriation costs where a seafarer is dismissed for misconduct is removed. Name: Title :.. Signature: Place Date:. (Seal or stamp of the authority, as appropriate) (Page 7 of 11)

8 Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Title :.. Signature: Place Date:. (Seal or stamp of the authority, as appropriate) (Page 8 of 11)

9 Exemptions (Note: Strike out the main statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted : No exemption has been granted. Name: Title :.. Signature: Place Date:. (Seal or stamp of the authority, as appropriate) (Page 9 of 11)

10 Form xxxxx Certificate No: xxxxxx Declaration of Maritime Labour Compliance Part II Measures adopted to ensure ongoing compliance between inspections The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate to which this Declaration is attached, to ensure ongoing compliance between inspections: (State below the measures drawn up to ensure compliance with each of the items in Part I) 1. Minimum age (Regulation 1.1) 2. Medical certification (Regulation 1.2) 3. Qualifications of seafarers (Regulation 1.3) 4. Seafarers employment agreements (Regulation 2.1) 5. Use of any licensed of certified or regulated private recruitment and placement service (Regulation 1.4) 6. Hours of work or rest (Regulation 2.3) 7. Manning levels for the ship (Regulation 2.7) 8. Accommodation (Regulation 3.1) 9. On-board recreational facilities (Regulation 3.1) 10. Food and Catering (Regulation 3.2) 11. Health and Safety and accident prevention (Regulation 4.3) 12. On-board medical care (Regulation 4.1) 13. On-board complaint procedures (Regulation 5.1.5) 14. Payment of wages (Regulation 2.2) (Page 10 of 11)

11 I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part I. Name of shipowner1: Company address: Name of the authorised signatory: Title: Signature of authorised signatory: Date (stamp or seal of the shipowner)1 The above measures have been reviewed by the Maritime Authority of the Cayman Islands and, following inspection of the ship, have been determined as meeting the purposes set out under Standard A5.1.5, paragraph 10(b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration. Name Title: Address: Signature: Place: Date: (Seal or stamp of the authority, as appropriate): 1. Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with this Convention, regardless of whether any other organization or persons fulfill certain of the duties or responsibilities on behalf of the shipowner. See Article II (1)(j) fo the Convention. (Page 11 of 11)

(Note: This Declaration must be attached to the ship s Maritime Labour Certificate)

Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance Part I (Note: This Declaration must be attached to the ship s Maritime Labour Certificate) Issued under the authority of:... (insert