Aptauja ilgs līdz 23. oktobrim.
Regulations Regarding the Seaman's Discharge BookIssued pursuant to I. General Provisions1. This Regulation prescribes the information to be included in the seaman's discharge book and the procedures by which the Registry of Seamen of valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" [State limited liability company Maritime Administration of Latvia] (hereinafter - the Registry of Seamen) shall draw up, issue, exchange, seize, cancel, recognise as invalid, and account seaman's discharge books. [28 February 2023] 2. The holder of the seaman's discharge book is responsible for its keeping and shall not permit the illegal use thereof. 3. The issue of seaman's discharge books is a paid service for which the tariffs shall be determined in accordance with Section 6, Paragraph two of the Maritime Administration and Marine Safety Law. II. The Content and Design of a Seaman's Discharge Book4. A seaman's discharge book shall be prepared according to a uniform specimen (Annex 1). Entries in a seaman's discharge book shall be made in compliance with the requirements prescribed in the document DOC 9303, Machine Readable Travel Documents, of the International Civil Aviation Organisation (ICAO). 5. Digital images of the seafarer's face and signature shall be placed in the main data page of the seaman's discharge book, together with the following information on the seafarer: 5.1. given name and surname; 5.2. citizenship; 5.3. personal identity number; 5.4. date and place of birth; 5.5. sex, height and distinguishing marks; 5.6. at the discretion of the seafarer - the number and date of issue of the seafarer's qualification document; 5.7. at the discretion of the seafarer - the address of the place of residence the seafarer; 5.8. at the discretion of the seafarer - persons to be notified in the event of an accident (given name, surname, relationship, address). [18 August 2009; 4 September 2012; 20 February 2018] 6. The following information on a seaman's discharge book shall be indicated on the main data page of the seaman's discharge book: 6.1. type and country code; 6.2. number; 6.3. date of issue; 6.4. term of validity; 6.5. issuing authority. 7. The main data page of a seaman's discharge book shall include a machine readable zone. The machine readable zone shall indicate the seafarer's given name and surname without diacritical marks. [20 February 2018] 8. In addition the following information shall be indicated in a seaman's discharge book: 8.1. [18 August 2009]; 8.2. record of sea service; 8.3. official entries by official representatives of Latvia and foreign countries; 8.4. the address, telephone and fax number, e-mail address of the Registry of Seamen (issuing authority). 9. In the seaman's discharge book, the given name and surname of the seafarer shall be indicated in accordance with the data of the Register of Natural Persons. [28 February 2023] 10. Entries in the seaman's discharge book shall be made by the Registry of Seamen, except for the entries in the field "Record of sea service". The field "Record of sea service" shall be completed by the master of the ship and the entry shall be certified with a signature and seal of the ship. The competent officials of Latvia or foreign countries shall make entries in the field "Official notes made by authorized persons of Latvia or foreign countries" on the crossing of the border of the relevant foreign country. [18 August 2009; 20 February 2018] 11. [4 September 2012] 12. The Registry of Seamen shall, in the process of drawing up a seaman's discharge book, examine the information submitted by the person, including information regarding the person's criminal record. A seafarer shall present the originals of the documents specified in this Regulation if such documents are not registered in the Latvian Seafarer Certification Database or their authenticity has not been verified. The Registry of Seamen has the right to request explanations and additional documents confirming that the person is a seafarer, and shall certify the veracity of the information submitted by the person. [28 February 2023] III. Issue of a Seaman's Discharge Book13. A seafarer who wishes to receive or exchange the seaman's discharge book shall submit and present to the Registry of Seamen the documents referred to in Paragraph 15 or 15.1 of this Regulation. The Registry of Seamen shall prepare an application for the receipt of the seaman's discharge book (hereinafter - the application) through the use of all the information available in State information systems and at the disposal of the Registry of Seamen. By signing the application, the seafarer certifies the accuracy of the information indicated therein. [20 February 2018] 14. In order to acquire the digital image of the face of the seafarer to be included in the seaman's discharge book, the Registry of Seamen shall make a photograph or, in exceptional cases that have occurred due to technical reasons, request the seafarers to submit a photograph which corresponds to the requirements laid down in the laws and regulations regarding personal identity documents. The image of the signature of the seafarer to be included in seaman's discharge book shall be acquired by the seafarer placing his or her signature on the sensor of the signature capturing device. The signature in the seaman's discharge book is the seafarer's personal name written with his or her own hand in the full or short form. [20 February 2018] 15. In order to receive or exchange the seaman's discharge book, a seafarer (except for the seafarers referred to in Paragraph 15.1 of this Regulation) shall submit to the Registry of Seamen a statement (Annex 2) of a person authorised by the owner of the ship which is registered in the Latvian Ship Register or a merchant licensed in the Republic of Latvia who provides recruitment and placement services in manning the ship's crew (hereinafter together ‒ the merchant) which certifies that the seafarer will be employed on a ship, or a maritime educational institution (hereinafter - the educational institution) which certifies that the person is an educatee, and shall present the following documents: 15.1. a personal identification document of a citizen or non-citizen of Latvia or issued by the competent authorities of a foreign country, travel document issued by the Republic of Latvia of a refugee or a stateless person, or a person who has been granted with an alternative status in the Republic of Latvia, and a permanent residence permit issued by the Office of Citizenship and Migration Affairs; 15.2. a valid seafarer's qualification document issued by the Registry of Seamen or the competent authority of a foreign country. The aforementioned requirement does not apply to the service personnel of a passenger ship, ship repairman or the person for whom qualification requirements have not been laid down in the laws and regulations regarding certification of seafarers; 15.3. a document certifying the completion of the recognised training programme "Basic Safety Training" which has been issued in accordance with the laws and regulations in the field of the certification of seafarers. The aforementioned requirement does not apply to a seafarer who has a valid qualification document which corresponds to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; 15.4. the seaman's discharge book which has reached its expiry date or which the seafarer wishes to exchange, or which has to be handed over to the Registry of Seamen in accordance with Chapter IV of this Regulation (if the seaman's discharge book has been issued to the seafarer). [28 February 2023] 15.1 In order to receive or exchange the seaman's discharge book, the person who has been employed on the ship for the performance of specific tasks (for example, an employee of the shipping company) shall submit to the Registry of Seamen the request of the employer which certifies that the person is employed on the ship for the performance of specific tasks and shall present the documents referred to in Sub-paragraphs 15.1, 15.3 and 15.4 of this Regulation. [20 February 2018] 16. After signing the application in the Registry of Seamen, the seaman's discharge book shall be issued within the following periods: 16.1. under ordinary procedures - within seven working days; 16.2. under urgent procedures (at the request of the seafarer) - within two working days; 16.3. if the seaman's discharge book has been lost (in the cases referred to in Paragraph 22 of this Regulation) or the seaman's discharge book has been cancelled in accordance with the procedures specified in Sub-paragraphs 27.5 or 27.6 of this Regulation - within one month; 16.4. if an additional examination of the criminal record of the person or the verification of the authenticity of the submitted documents is necessary - within one month. [18 August 2009; 20 February 2018] 16.1 If the seaman's discharge book is not taken out within two months after the date of its issue, the Registry of Seamen shall destroy the respective seaman's discharge book, and the seafarer shall initiate a new application procedure for the receipt of the seaman's discharge book in accordance with Chapter III of this Regulation, including making the payment for the service. [20 February 2018] 17. For a person who is employed in a foreign shipping company which is not represented by the merchant, the seaman's discharge book shall be exchanged based on a written request of the foreign shipping company which certifies that the person is employed on a ship. The Registry of Seamen may issue the seaman's discharge book for the first time to such person by evaluating each specific case individually. [28 February 2023] 17.1 For the citizens and non-citizens of Latvia who are completing an accredited and recognised maritime education programme in a foreign country that is a Member State of the International Maritime Organisation, a seaman's discharge book shall be issued on the basis of a statement issued by the foreign educational institution. [4 September 2012; 20 February 2018] 18. When the seaman's discharge book is issued to citizens and non-citizens of Latvia, it shall have the following term of validity: 18.1. if the person receives the seaman's discharge book for the first time - five years; 18.2. if the person receives the seaman's discharge book repeatedly - 10 years; 18.3. if the person's seaman's discharge book has been cancelled in accordance with Paragraphs 27 of this Regulation - five years; 18.4. for the person referred to in Paragraph 15.1, service personnel of a passenger ship, ship repairman or person for whom qualification requirements have not been laid down in the laws and regulations regarding the certification of seafarers - the period specified in the employment contract, but for not longer than five years. [18 August 2009; 20 February 2018] 19. For educatees who are completing a higher and secondary maritime education programme, the seaman's discharge book shall be issued for five years from the day of commencing the studies, whereas for educatees who are completing a maritime vocational further education programme - for one year. [20 February 2018] 20. The seaman's discharge book shall be issued to refugees, stateless persons, persons to whom an alternative status has been granted and foreigners for the term of validity of the permanent residence permit, but for not longer than five years. [28 February 2023] IV. Exchange of the Seaman's Discharge Book21. The Registry of Seamen shall exchange the seaman's discharge book (issue a new one) prior to the end of the validity term indicated in Chapter III of this Regulation, if: 21.1. the validity of the seaman's discharge book shall expire during a planned voyage; 21.2. the information indicated in Paragraph 5 of this Regulation on the seafarer has changed; 21.3. inaccuracies have been found in the records; 21.4. there is no place for new entries in the seaman's discharge book; 21.5. the seaman's discharge book is damaged (has mechanical or other damage due to which it is impossible to identify the person or to read the information indicated in the seaman's discharge book); 21.6. notes not provided for in laws and regulations have been made in the seaman's discharge book. [4 September 2012] V. Recognition of the Seaman's Discharge Book as Invalid22. If the seaman's discharge book has been lost, stolen or destroyed, the seafarer shall inform the Registry of Seamen thereof in writing. In case of stealing, the seafarer shall additionally submit to the Registry of Seamen the notice of a law enforcement institution. The Registry of Seamen shall recognise the lost, stolen or destroyed seaman's discharge book as invalid. The seaman's discharge book which has not been submitted to the Registry of Seamen in accordance with the procedures laid down in Paragraph 30 of this Regulation shall also be recognised as invalid. [20 February 2018] 23. The seaman's discharge book becomes invalid for use, if: 23.1. the information referred to in Sub-paragraph 5.1, 5.2, 5.3 or 5.4 of this Regulation has changed, and the seaman's discharge book has not been exchanged within 30 days; 23.2. information on the death of the seafarer has been received. [20 February 2018] 24. The Registry of Seamen shall include the information on invalid seaman's discharge books in the State information system "Register of Invalid Documents". [4 September 2012] VI. Refusal to Issue the Seaman's Discharge Book25. The Registry of Seamen shall not issue the seaman's discharge book, if: 25.1. all the necessary documents have not been submitted or the seafarer refuses to submit the requested explanations which are related to the receipt of the seaman's discharge book; 25.2. the seafarer has submitted invalid documents; 25.3. the seafarer has been found guilty of committing a serious or very serious crime by a court judgment, and the criminal record has not been extinguished or set aside; 25.4. the seafarer or merchant, or educational institution has provided false information; 25.5. [20 February 2018]; 25.6. the issuing authority does not certify the authenticity of the documents referred to in Sub-paragraphs 15.2 and 15.3 of this Regulation; 25.7. the medical practitioner of seafarers has provided an opinion that the health of the seafarer does not conform for work on a ship and has notified the Registry of Seamen thereof. [18 August 2009; 4 September 2012; 28 February 2023] VII. Seizure of the Seaman's Discharge Book26. The Registry of Seamen shall seize the seaman's discharge book, if: 26.1. there are suspicions of the falsification of the seafarer's qualification document, maritime education document, seaman's discharge book, maritime qualification, medical certificate or certifying document of other seafarer's qualifications (for example, training certificates) - until receipt of the reply from the competent authority; 26.2. use of an invalid seaman's discharge book has been established. [18 August 2009; 4 September 2012] VIII. Cancellation of the Seaman's Discharge Book27. The Registry of Seamen shall cancel the seaman's discharge book, if: 27.1. the circumstances on the basis of which the person has received the seaman's discharge book no longer exist or have changed; 27.2. the seafarer has been found guilty of committing a serious or very serious crime by a court judgment, and the criminal record has not been extinguished or set aside; 27.3. the seafarer, merchant or educational institution has provided false information; 27.4. [20 February 2018]; 27.5. falsification of the seafarer's documents referred to in Sub-paragraph 26.1 of this Regulation has been established; 27.6. the issuing authority does not certify the authenticity of the document on the basis of which the seaman's discharge book has been issued; 27.7. corrections or unauthorised entries have been made in the seaman's discharge book. [18 August 2009; 4 September 2012; 20 February 2018] IX. Decision on the Refusal to Issue, Seizure and Cancellation of the Seaman's Discharge Book28. The Registry of Seamen shall inform a seafarer in writing of the decision on the refusal to issue a seaman's discharge book, seizure or cancellation of the seaman's discharge book. 29. If a seaman's discharge book is cancelled in the case referred to in Sub-paragraph 27.3, 27.5, 27.6 or 27.7 of this Regulation, the Registry of Seamen shall indicate in the decision the period after which the seafarer is entitled to receive a new seaman's discharge book. This time period shall not exceed three years. [18 August 2009; 20 February 2018] 30. A seafarer shall hand in the seaman's discharge book to the Registry of Seamen within 15 days after entering into effect of the decision on the cancellation of the seaman's discharge book. 31. The Registry of Seamen shall notify the decision on the seizure and cancellation of the seaman's discharge book to the ship owner or operator on whose ship the relevant person is employed, or to the merchant which provides recruitment and placement services in ship crew manning. [4 September 2012] 32. The decisions taken by the Registry of Seamen may be contested in accordance with the procedures laid down in the Administrative Procedure Law by submitting a relevant submission to the director of valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" [State limited liability company Maritime Administration of Latvia]. The decision of the director of valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" [State limited liability company Maritime Administration of Latvia] may be appealed to a court. [28 February 2023] X. Accounting of Seamen's Discharge Books33. The Registry of Seamen shall account the seaman's discharge book forms received and used, as well as the seaman's discharge books which have been issued, recognised as invalid, exchanged, seized, and cancelled. XI. Closing Provisions34. Cabinet Regulation No. 279 of 27 May 2003, Regulations Regarding the Information to be Included in a Seaman's Discharge Book and the Procedures for Using a Seaman's Discharge Book, is repealed. 35. Seaman's discharge books which have been issued up to the day of coming into force of this Regulation shall be valid up to the end of the term of validity indicated therein. 36. This Regulation shall come into force on 1 January 2006. Prime Minister A. Kalvītis Minister for Transport A. Šlesers
Annex 1 Specimen of a Seaman's Discharge BookMinister for Transport A. Šlesers
Annex 2 [20 February 2018] Sample Statement for the Receipt of the Seaman's Discharge Book
Statement for the Receipt of the Seaman's Discharge Book
The statement is intended for submission to the Registry of Seamen of valsts sabiedrība ar ierobežotu atbildību "Latvijas Jūras administrācija" [State limited liability company Maritime Administration of Latvia] for the receipt of the seaman's discharge book and is valid for two months from the day of its issue.
Note. * Must be completed for the service personnel of a passenger ship.
Annex 3 SEAFARER'S REGISTRATION CARD[20 February 2018]
Annex 4 Instructions Regarding Photographs for Drawing Up the Seaman's Discharge Book[20 February 2018] Translation © 2023 Valsts valodas centrs (State Language Centre) |
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