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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

30 October 2012 [shall come into force from 2 November 2012];
11 September 2018 [shall come into force from 15 September 2018].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 364

Adopted 17 May 2011

Procedures for the Licensing and Supervision of Merchants which Provide Recruitment and Placement Services in Manning the Ship's Crew

Issued pursuant to
Section 24, Paragraphs five and six
of the Maritime Administration and Marine Safety Law

I. General Provisions

1. This Regulation prescribes:

1.1. procedures for the licensing of merchants which provide recruitment and placement services in manning the ship's crew (hereinafter - the merchant);

1.2. procedures for the supervision of conformity with the provisions of the special permit (licence) issued;

1.3. the rights, obligations and liability of the merchant.

2. In the Republic of Latvia the merchant shall provide recruitment and placement services in manning the ship's crew - give advices in recruitment and placement issues, inform of vacancies, recruit or place or perform other services that promote employment in the field of seafaring (hereinafter - the recruitment and placement service) - if it has received a special permit (licence) (Annex 1) issued by the Registry of Seamen of valsts akciju sabiedrība "Latvijas Jūras administrācija" [the State stock company Maritime Administration of Latvia] (hereinafter - the Maritime Administration of Latvia) (hereinafter - the Registry of Seamen).

[11 September 2018]

3. The Registry of Seamen shall issue a special permit (licence) for an indefinite time period.

4. The Maritime Administration of Latvia shall publish the list of licensed merchants on its website (ww.lja.lv).

5. An assessment of commencement of activities of the merchant and an assessment of activities of the merchant shall be a paid service provided in accordance with the laws and regulations regarding the price list of paid services of the Maritime Administration of Latvia.

[11 September 2018]

II. Procedures for Issuing a Special Permit (Licence)

6. The merchant who wishes to receive a special permit (licence) shall submit an application to the Registry of Seamen (Annex 2). The following documents shall be appended to the application:

6.1. a letter of intent or a contract on the provision of recruitment and placement services entered into by the merchant and a ship-owner or a representative thereof in the recruitment and placement issues;

6.2. a sample employment agreement to be entered into by the person to be recruited or placed and the employer;

6.3. a documentary evidence that the merchant has appropriate office premises for the provision of recruitment and placement services;

6.4. a documentary evidence that at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea as a ship officer or an employee without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the field of seafaring, will be permanently engaged in administration of recruitment and placement services at the place of operation of the merchant;

6.5. a sample of the signature of an employee of the merchant (who is authorised to sign documents related to the provision of recruitment and placement services);

6.6. a certification of an individual merchant, each member of the executive body, member of the supervisory body or member with the right of representation of the merchant that he or she has not been punished for committing an intentional criminal offence or the record has been extinguished;

6.7. a documentary evidence of a ship-owner or a representative thereof in the recruitment and placement issues that the ship-owner has a financial security system in accordance with Standards A2.5 and A4.2 of the Maritime Labour Convention, 2006, as amended (hereinafter - the MLC);

6.8. a documentary evidence that the level of proficiency in the official language of the merchant's employees who provide recruitment and placement services conforms to at least Level 1 of the highest level of language proficiency (C1).

[30 October 2012; 11 September 2018]

7. Upon submitting the application referred to in Paragraph 6 of this Regulation the merchant shall certify that:

7.1. it has been registered in accordance with the laws and regulations governing commercial activities;

7.2. it performs data processing in accordance with the laws and regulations regarding personal data protection;

7.3. the merchant does not have tax debts and debts of mandatory State social insurance payments;

7.4. the merchant has not been declared insolvent, liquidation proceedings thereof have not been initiated or its economic activity has not been suspended or discontinued;

7.5. the merchant has introduced the quality management system for recruitment and placement services or the safety management system (SMS) according to the requirements of the International Standard for the Safe Management and Operation of Ships and for Pollution Prevention (hereinafter - the ISM Code), if the merchant is a legal person registered in Latvia which provides ship management services;

7.6. an individual merchant or a member of the executive body, a member of the supervisory body, or a member with the right of representation of the merchant has not been a member of the executive body, a member of the supervisory body, or a member with the right of representation of such merchant whose special permit (licence) has been previously cancelled on the basis of Paragraph 16 of this Regulation, and the period of ban for submitting documents for the receipt of a special permit (licence) specified in the decision of Registry of Seamen to cancel a special permit (license) has not expired.

[30 October 2012; 11 September 2018]

8. The Registry of Seamen shall perform an assessment of commencement of activities of the merchant (Annex 3). The Registry of Seamen shall examine the documents submitted by the merchant and the information indicated therein, shall examine the information certified in the application, and, if necessary, request the responsible State institutions to provide the necessary information, or if State institutions do not have such information at their disposal shall request the merchant to submit additional information or update the submitted information within the time period determined by the Registry of Seamen.

9. The Registry of Seamen shall take the decision to issue a special permit (licence) or to refuse to issue a special permit (licence) within a month after receipt of the application from the merchant and all the documents to be appended thereto.

10. If the firm name of the merchant has changed, the Registry of Seamen shall re-issue a special permit (licence) on the basis of an application of the merchant. Upon receiving a repeat special permit (licence) the recipient of the special permit (licence) shall hand over the previous special permit (licence) issued in printed form to the Registry of Seamen.

III. Obligations and Liability of the Merchant

11. The merchant to whom a special permit (licence) has been issued has the following obligations:

11.1. to have a good knowledge of and to conform to the international and national laws and regulations related to the training, certification, and work of seafarers in the field of seafaring, inter alia, insofar as it is applicable to the activity of the merchant - to conform with the requirements of Regulation I/14 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (hereinafter - the STCW Convention);

11.2. to recruit or place only such person to work on a ship whose professional qualification conforms to the requirements laid down in the laws and regulations regarding certification of seafarers;

11.3. to verify the authenticity of the documents certifying professional qualification of the person to be recruited or placed and the person recruited or placed and to inform the Registry of Seamen, if possible signs of forgery have been found in documents;

11.4. to maintain a database of the persons recruited or placed, for each case of recruitment or placement of a person permanently storing copies of employment agreements and, for at least 10 years, copies of the documents certifying professional qualification, completion of mandatory additional training courses, and conformity of health, as well as information on the work of persons on ships and authenticity of the documents certifying professional qualification;

11.5. to ensure that the employment agreement entered into and its conditions conform to the requirements of the relevant laws and regulations and the collective bargaining agreement, if any;

11.6. to provide a possibility for a person to become acquainted with the employment agreement and its conditions before or during its signing, and also to issue a copy of the employment agreement to the person, to inform him or her of his or her rights and obligations, work conditions and potential expenses which may occur during the recruitment and placement process;

11.7. to examine complaints and respond to them, and also to notify the Registry of Seamen of unresolved complaints and systemic problems which are related to the provision of recruitment and placement services;

11.8. to ascertain that a ship-owner, in accordance with the employment agreement, takes the measures necessary to prevent a recruited or placed person from being stranded at a foreign port;

11.9. until the fifteenth date of the first month of the following quarter to submit a report to the Registry of Seamen on the seagoing service of the persons recruited or placed and employed on ships in the previous quarter;

11.10. upon request of the Registry of Seamen to provide additional information which is necessary for the performance of the supervisory function;

11.11. not to use such means in its activities, which are provided for preventing or refraining a person from getting such job for which the person is qualified;

11.12. to ensure that at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea as a ship officer or an employee without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the field of seafaring, is permanently engaged in administration of recruitment and placement services at each actual place of operation of the merchant;

11.13. to provide recruitment and placement services and, on the basis of a contract for the provision of recruitment and placement services which has been entered into by the merchant and a ship-owner or a representative thereof in recruitment and placement issues, within a year to recruit and place at least five persons to work on a ship subject to the MLC;

11.14. within three months after the recruitment or placement of persons to work on ships of a ship-owner has been commenced, to submit the contract on the provision of recruitment and placement services (a copy) to the Registry of Seamen;

11.15. to ascertain that a ship-owner has a financial security system in accordance with Standards A2.5 and A4.2 of the MLC and to ensure the fulfilment of the obligations specified in the employment agreement of the person recruited or placed, providing for the compensation of such monetary losses which might occur due to the fault of the merchant or ship-owner (for example, by including corresponding conditions in the insurance contract or the contract on the provision of recruitment and placement services);

11.15.1 to conform to the instructions of the Registry of Seamen regarding implementation of the national laws and regulations and international laws and regulations binding to Latvia which are related to employment in the field of seafaring;

11.16. within a year after receipt of a special permit (licence) to certify with an internationally accredited certification authority and to maintain a certified quality management system for recruitment and placement services or a safety management system (SMS) in accordance with the requirements of the ISM Code, if the merchant is a legal person registered in Latvia which provides ship management services. The quality management system or safety management system (SMS) shall include at least the following procedures in the official language:

11.16.1. the procedures by which the conformity to the position shall be assessed based on such documents which the STCW Convention and laws and regulations require from the person to be recruited or placed and person recruited or placed;

11.16.2. the procedures by which the merchant shall verify the term of validity of qualification documents, certificates of mandatory additional training, and conformity of health of the person to be recruited or placed and person recruited or placed;

11.16.3. the procedures by which the merchant shall verify authenticity of the documents certifying professional qualification of the person to be recruited or placed and person recruited or placed and notify the Registry of Seamen of the documents in which the possible signs of forgery have been found;

11.16.4. the procedures by which the merchant shall acquaint the person to be recruited or placed with the obligations and rights in accordance with the employment agreement, and also inform of working conditions and potential expenses which may occur during the recruitment and placement process;

11.16.5. the procedures by which the merchant shall submit a report to the Registry of Seamen on the seagoing service of the persons recruited or placed and employed on ships in the previous quarter;

11.16.6. the procedures by which the merchant shall determine and implement corrective measures for elimination of the detected non-conformities and deficiencies;

11.16.7. the procedures by which the monetary losses of the person recruited or placed which have occurred due to activities of the merchant or ship-owner shall be reimbursed;

11.16.8. the procedures for examining of and responding to complaints;

11.16.9. the procedures by which the merchant shall assess and ensure the conformity of the employment agreement to be concluded and the conditions thereof with the requirements of the relevant laws and regulations and the collective bargaining agreement, if any;

11.16.1 if the parent company of the merchant has introduced a quality management system and certified it with an internationally accredited certification authority, such system shall be deemed as conforming to the requirements laid down in Sub-paragraph 11.16 of this Regulation, if the following criteria are met:

11.16.1 1. it is indicated in the certificate of the quality management system that certification also applies to the merchant;

11.16.1 2. a manual of the quality management system is available at the place of activity of the merchant and it includes the procedures laid down in Sub-paragraph 11.16 of this Regulation;

11.16.1 3. the certification authority performs regular certification supervision audits of the quality management system and an extract from the audit report is submitted to the Registry of Seamen in accordance with the procedures laid down in Sub-paragraph 11.17.4 of this Regulation;

11.16.2 to ensure a possibility for the Registry of Seamen to perform full inspection of the merchant at the place of activity of the merchant for the purpose of implementing the supervisory functions in accordance with the requirements of this Regulation;

11.16.3 to ensure that the level of proficiency in the official language of the merchant's employees who provide recruitment and placement services conforms to at least Level 1 of the highest level of language proficiency (C1);

11.16.4 to recruit or place in a job on a ship a third-country national only in the case if it is impossible to recruit or place in a job on a ship a national of the European Economic Area or the Swiss Confederation;

11.16.5 to perform personal data processing in accordance with the laws and regulations regarding personal data protection;

11.17. to notify the Registry of Seamen within 10 working days in writing:

11.17.1. regarding the fact that the special permit (licence) has been lost, stolen, destroyed or damaged;

11.17.2. regarding changes in the documents submitted to the Registry of Seamen by submitting documents certifying such changes;

11.17.3. regarding the fact that the merchant discontinues provision of recruitment and placement services;

11.17.4. regarding the results of certification of the quality management system for recruitment and placement services or safety management system (SMS) and of certification supervision audit in relation to issues of recruitment and placement services by submitting an extract from the audit report.

[30 October 2012; 11 September 2018 / The new wording of Sub-paragraph 11.13 and Sub-paragraph 11.16.9 shall come into force on 1 January 2019. See Paragraph 2 of amendments.]

12. The merchant is not entitled to demand directly or indirectly full or partial compensation from a person to be recruited or placed for the provision of recruitment and placement services.

IV. Supervision of Conformity with the Provisions of a Special Permit (Licence)

13. If the merchant to whom a special permit (licence) has been issued provides recruitment and placement services by recruiting or placing persons in a job also on such ships that are not subjected to the MLC, then the Registry of Seamen shall exclude such recruitment or placement cases from the application of the requirements of this Regulation which are not applicable to the specific case of recruitment or placement depending on the type of the ship, the navigation area, and the position held by the person recruited or placed.

[11 September 2018]

14. Each year the Registry of Seamen shall inspect the merchant at the place of its operation and shall prepare a report on the assessment of the activities of the merchant (Annex 4). If any non-conformities or deficiencies are established in the report on the assessment of the activities of the merchant and the decision to suspend a special permit (licence) has not been taken, the Registry of Seamen is entitled to determine a time period which is not shorter than 14 days for the elimination of non-conformities or deficiencies. The merchant shall inform the Registry of Seamen regarding elimination of non-conformities or deficiencies in writing, and the Registry of Seamen has the right to perform repeat assessment of activities of the merchant in order to ascertain that non-conformities or deficiencies have been eliminated.

[11 September 2018]

14.1 The Registry of Seamen is entitled to take the decision to suspend the special permit (licence), if:

14.1 1. a non-conformity has been established in the assessment of the activities of the merchant due to which the merchant poses or might pose a threat to the legitimate interests of the person to be recruited or placed or the person recruited or placed - for a time period of six months, specifying a time period for the elimination of the non-conformity;

14.1 2. the law enforcement authority or another State, local government or foreign competent authority, or a private individual, or a ship-owner or representatives thereof in matters related to recruitment and placement have submitted documents regarding possible criminal offences or possible violations of other laws and regulations related to recruitment and placement due to which the merchant poses or might pose a threat to the legitimate interests of the person to be recruited or placed or the person recruited or placed - for a time period until complete clarification of the circumstances of the case.

[11 September 2018]

14.2 The merchant is not entitled to provide recruitment and placement services as long as the operation of the special permit (licence) is suspended. In this period of time the merchant may perform only such activities that are necessary for elimination of the non-conformity and such activities that are necessary to prevent a threat to the legitimate interests of the person recruited or placed in a job. After elimination of the non-conformity the Registry of Seamen shall take the decision to renew the operation of the special permit (licence).

[11 September 2018]

15. The Registry of Seamen has the right to additionally perform an assessment of the activities of the merchant without prior co-ordination, if it has information at its disposal regarding potential violations of the laws and regulation relating to work in the field of seafaring, as well as if non-conformities in relation to the issues of recruitment and placement services have been established as a result of a certification supervision audit of the quality management system for recruitment and placement services or the safety management system (SMS), or a member of the executive body, a member of the supervisory body, or a member with the right of representation of a merchant has changed.

[30 October 2012; 11 September 2018]

16. The decision to cancel a special permit (licence) shall be taken if:

16.1. the merchant does not conform to the requirements of this Regulation;

16.1.1 the merchant has violated other laws and regulations related to recruitment and placement and poses or might pose a threat to the legitimate interests of a person recruited or placed or person to be recruited or placed as a result of the relevant violations;

16.2. the merchant has not eliminated non-conformities in accordance with Paragraph 14 or 14.1 of this Regulation;

16.3. the merchant has provided false or misleading information to the Registry of Seamen;

16.4. the merchant has terminated provision of recruitment and placement services;

16.5. the merchant fails to fulfil the requirements referred to in Sub-paragraph 11.13 of this Regulation;

16.6. an individual merchant, a member of the executive body, member of the supervisory body or member with the right of representation of the merchant has been found guilty of committing an intentional criminal offence and the criminal record has not been extinguished.

16.7. the merchant, within a time period of 18 months after assessment of the commencement of activities or the previous assessment of activities has not ensured the possibility for the Registry of Seamen to perform full inspection at the place of its activity;

16.8. the merchant has violated the requirements referred to in Paragraph 14.2 of this Regulation while the operation of the special permit (licence) has been suspended.

[30 October 2012; 11 September 2018]

17. If the decision has been taken to cancel a special permit (licence), the merchant shall hand over the special permit (licence) issued in printed form to the Registry of Seamen within three working days after receipt of the decision. Cancellation of a special permit (licence) shall not release the merchant from the obligation to submit a report on the seagoing service of persons recruited or placed until the day of entering into effect of the decision, as well as to fulfil its commitments in accordance with the contract on the provision of recruitment and placement services.

17.1 If the decision to suspend a special permit (licence) has been taken, the merchant shall hand over the special permit (licence) issued in printed form to the Registry of Seamen within three working days after receipt of the decision. The suspension of the special permit (licence) shall not release the merchant from the obligation to submit a report on the seagoing service of the persons recruited or placed.

[11 September 2018]

18. In the decision to cancel the special permit (licence) the Registry of Seamen is entitled to specify to the merchant and to a merchant represented by its member of executive body, a member of the supervisory body or a member with the right of representation a ban for a time period of three years in relation to submitting documents for the receipt of the special permit (licence) according to general procedures. The ban on submission of documents for the receipt of the special permit (licence) need not be imposed, if the special permit (licence) has been cancelled in accordance with Sub-paragraph 16.4 of this Regulation.

[11 September 2018]

19. The Maritime Administration of Latvia shall publish a notification on the merchant whose special permit (licence) has been cancelled in the official gazette Latvijas Vēstnesis.

[30 October 2012]

20. Decisions of the Registry of Seamen taken in accordance with this Regulation may be contested to the Director of the Maritime Administration of Latvia in accordance with the procedures laid down in the Administrative Procedure Law. Decisions of the Director of the Maritime Administration of Latvia may be appealed to a court.

V. Closing Provisions

21. Special permits (licences) which have been issued until the day of coming into force of this Regulation must be changed until 31 December 2011 by submitting an application to the Registry of Seamen in free form. Upon receipt of a new special permit (licence), the merchant shall hand over the previously issued special permit (licence) to the Registry of Seamen.

22. The merchant which has received a special permit (licence) until the day of coming into force of this Regulation shall, by 31 December 2012, introduce and certify a quality management system for recruitment and placement services in an internationally accredited certification authority in accordance with the standard LVS EN ISO 9001:2009, Quality management systems - Requirements, or a safety management system (SMS) in accordance with the requirements of the ISM Code and the procedures laid down in Sub-paragraph 11.16 of this Regulation.

[30 October 2012]

23. Sub-paragraphs 11.15 and 11.16.7 of this Regulation shall come into force on the day when the Maritime Labour Convention, 2006, comes into force in Latvia.

24. From 1 January 2012 the Registry of Seamen shall ensure the issuance of documents in electronic form in accordance with the laws and regulations regarding drawing up of electronic documents.

25. Special permits (licences) which have been issued until 14 September 2018 shall be exchanged until 31 December 2018 by submitting an application to the Registry of Seamen in free form. Upon receipt of the new special permit (licence), the previously issued special permit (licence) shall be handed over to the Registry of Seamen.

[11 September 2018]

Informative Reference to the European Union Directives

[11 September 2018]

This Regulation transposes:

1) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers;

2) Directive 2012/35/EC of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers.

Prime Minister V. Dombrovskis

Minister for Transport U. Augulis

 

Annex 1
Cabinet Regulation No. 364
17 May 2011

[11 September 2018]

Sample Special Permit (Licence)

(lesser State coat of arms)
Latvijas Jūras administrācija

Jūrnieku reģistrs

Maritime Administration of Latvia

Registry of Seamen

Speciālā atļauja (licence)
par tiesībām nodarboties ar darbiekārtošanas pakalpojumu sniegšanu kuģu apkalpes komplektēšanā Latvijas Republikā atbilstoši 2006. gada Konvencijai par darbu jūrniecībā ar grozījumiem

Special Permit (Licence)
regarding the rights to provide recruitment and placement services in manning of the ship's crew in the Republic of Latvia, in accordance with the Maritime Labour Convention, 2006, as amended

Nr. .../No. ...

Komersanta firma
Firm name of the merchant
Reģistrācijas numurs komercreģistrā
Registration number in the Commercial Register
Speciālā atļauja (licence) izsniegta (datums)
Special permit (Licence) issued on (date)

Speciālā atļauja (licence) izsniegta uz nenoteiktu laiku.
Special permit (Licence) issued for an indefinite period of time.

Speciālā atļauja (licence) ir izsniegta un komersanta darbība tiek uzraudzīta saskaņā ar Ministru kabineta 2011. gada 17. maija noteikumiem Nr. 364 "Kārtība, kādā licencē un uzrauga komersantus, kuri sniedz darbiekārtošanas pakalpojumus kuģa apkalpes komplektēšanā", kas atbilst 2006. gada Konvencijas par darbu jūrniecībā ar grozījumiem 1.4. noteikuma un A1.4. standarta prasībām.
Special permit (Licence) has been issued and activities of the merchant are supervised in accordance with the requirements of the Cabinet Regulation No. 364 of 17 May 2011 "Procedures for the Licensing and Supervision of Merchants which Provide Recruitment and Placement Services in Manning the Ship's Crew", which are in line with the provisions of the Regulation 1.4 and Standard A1.4 of the Maritime Labour Convention, 2006, as amended.

Speciālās atļaujas (licences) autentiskuma un derīguma pārbaudei var tikt izmantots valsts akciju sabiedrības "Latvijas Jūras administrācija" tīmekļvietnē (www.lja.lv) publicētais licencēto komersantu saraksts.
For the verification of authenticity and validity of the special permit (Licence) the published list of licensed merchants on the website of the Maritime Administration of Latvia (www.lja.lv) can be used.

Valsts akciju sabiedrības "Latvijas Jūras administrācija" Jūrnieku reģistra vadītājs
The head of the Registry of Seamen of the State stock company "Maritime Administration of Latvia"
  (paraksts*, vārds, uzvārds/signature*, name, surname)

Place for a seal*

Piezīme. * Dokumenta rekvizītus "paraksts" un "zīmoga vieta" ("Z. v.") neaizpilda, ja elektroniskais dokuments ir sagatavots atbilstoši normatīvajiem aktiem par elektronisko dokumentu noformēšanu.
Note. * The details of the document "signature" and "place for a seal" ("Z. v.") shall not be completed if the electronic document has been drawn up in conformity with the laws and regulations regarding the drawing up of electronic documents.

 

Annex 2
Cabinet Regulation No. 364
17 May 2011

Sample Application for the Receipt of a Special Permit (Licence)

[30 October 2012; 11 September 2018]

To the Registry of Seamen
of the State stock company
Maritime Administration of Latvia

Application
for the Receipt of a Special Permit (Licence)

1. Submitter:

Type and firm name of the merchant
Registration number
Legal address
Address(es) of the location of activity
Telephone number
E-mail address and/or
website address on the Internet

2. Members of the executive body, members of the supervisory body or members with the right of representation of the merchant:

(given name, surname, personal identity number, position)
(given name, surname, personal identity number, position)
(given name, surname, personal identity number, position)

3. I wish to receive a special permit (licence) for the provision of recruitment and placement services in manning of the ship's crew (hereinafter - the recruitment and placement service) to the following ship-owners or their representatives in recruitment and placement issues:

(full name, legal address, telephone number, IMO number, e-mail address and/or Internet home page address of the ship-owners or a representative thereof in recruitment and placement issues)

4. [11 September 2018]

5. I append to the application (mark the appended documents with an x):

A letter of intent or contract on the provision of recruitment and placement services (copy) entered into by the merchant and a ship-owner or a representative thereof in recruitment and placement issues

A sample employment agreement to be entered into between the person to be recruited or placed and the employer

A documentary evidence that the merchant has appropriate office premises for the provision of recruitment and placement services

A documentary evidence that at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea as a ship officer or without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the field of seafaring, will be permanently engaged in administration of recruitment and placement services at the place of operation of the merchant

A sample of the signature of an employee of the merchant (who is authorised to sign documents related to the provision of recruitment and placement services)

A certification of an individual merchant, each member of the executive body, member of the supervisory body or member with the right of representation of the merchant that he or she has not been punished for committing an intentional criminal offence or the record has been extinguished

A documentary evidence that a ship-owner or a representative thereof in recruitment and placement issues has a financial security system in accordance with Standards A2.5 and A4.2 of the Maritime Labour Convention, 2006, as amended

A documentary evidence that the level of proficiency in the official language of the merchant's employees who provide recruitment and placement services conforms to at least Level 1 of the highest level of language proficiency (C1)

6. I hereby acknowledge that:

6.1. the merchant has been registered in accordance with the laws and regulations governing commercial activities;

6.2. the merchant performs data processing in accordance with the laws and regulations regarding personal data protection;

6.3. the merchant does not have tax debts and debts of mandatory State social insurance payments;

6.4. the merchant has not been declared insolvent, liquidation proceedings thereof have not been initiated or its economic activity has not been suspended or discontinued;

6.5. the merchant has introduced the quality management system for recruitment and placement services or the safety management system (SMS) in accordance with the requirements of the ISM Code;

6.6. the information indicated in the application and the documents appended thereto are true;

6.7. the merchant agrees that the Registry of Seamen may request and receive information from the Enterprise Register, the State Revenue Service, the State Data Inspectorate regarding compliance of the applicant with the criteria referred to in this Paragraph and information from the Information Centre of the Ministry of the Interior regarding criminal record.

6.8. an individual merchant or a member of the executive body, a member of the supervisory body, or a member with the right of representation of the merchant has not been a member of the executive body, a member of the supervisory body, or a member with the right of representation of such merchant whose special permit (licence) has been previously cancelled on the basis of Paragraph 16 of Cabinet Regulation No. 364 of 17 May 2011, Procedures for the Licensing and Supervision of Merchants which Provide Recruitment and Placement Services in Manning the Ship's Crew, and the period of ban for submitting documents for the receipt of the special permit (licence) specified in the decision of the Registry of Seamen to cancel the special permit (licence) has not expired.

In total documents appended on ____ pages

Applicant
 
  (position, given name, surname, signature of the authorised representative of the merchant*)

Date*  

Note. * The details of the document "date" and "signature" shall not be completed if the electronic document has been drawn up in conformity with the laws and regulations regarding the drawing up of electronic documents.

Minister for Transport U. Augulis

 

Annex 3
Cabinet Regulation No. 364
17 May 2011

[11 September 2018]

Sample Assessment of Commencement of Activities of the Merchant

(firm name of the merchant)
(registration number of the merchant)
(legal address of the merchant)
(actual address of the merchant)

Assessment of Commencement of Activities of the Merchant No. xxxx

1. Date of the assessment (from/until)/location (address)
2. Assessment was performed by
  (position, given name, surname of the assessor(s))

3. The purpose of the assessment is to assess the conformity of commencement of activities of the merchant with Cabinet Regulation No. 364 of 17 May 2011, Procedures for the Licensing and Supervision of Merchants which Provide Recruitment and Placement Services in Manning the Ship's Crew (hereinafter - the Regulation).

4. A ship-owner or a representative thereof in recruitment and placement issues to whom the merchant is planning to provide the recruitment and placement services in manning the ship's crew (hereinafter - the recruitment and placement service).

5. Assessment of the merchant according to the following criteria (mark the appropriate with an x):

No. Assessment criteria Yes No Not applicable
1. Whether the information certified in the application of the merchant is true and conforms to the requirements of the Regulation and the relevant laws and regulations      
2. Have the documents required to be submitted and indicated in the application been submitted      
3. Do the documents submitted conform to the requirements of the Regulation and other binding national and international laws and regulations      
4. Has the merchant introduced the quality management system for recruitment and placement services or the safety management system (SMS) in accordance with the requirements of the ISM Code      
5. Does the merchant have appropriate office premises for the provision of recruitment and placement services      
6. Will at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea as a ship officer or without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the field of seafaring, be permanently engaged in administration of recruitment and placement services at the place of operation of the merchant      
7. Does the merchant have a good knowledge of the requirements of international and national laws and regulations related to the training, certification and work of seafarers in the field of seafaring      

6. Notes on the assessment process
7. Non-conformities found during the assessment
8. Opinion of the assessor

9. The assessment may be contested by submitting the respective application to the Director of valsts akciju sabiedrība "Latvijas Jūras administrācija" [the State stock company Maritime Administration of Latvia] in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the Director of valsts akciju sabiedrība "Latvijas Jūras administrācija" [the State stock company Maritime Administration of Latvia] may be appealed to a court.

10. The assessment report was drawn up by

   
(position)   (given name, surname)   (signature*)

11. I hereby certify the assessment

   
(position)   (given name, surname)   (signature*)

Date*  

Note. * The details of the document "date" and "signature" shall not be completed if the electronic document has been drawn up in conformity with the laws and regulations regarding the drawing up of electronic documents.

 

Annex 4
Cabinet Regulation No. 364
17 May 2011

[11 September 2018]

Sample Assessment of Activities of the Merchant

(firm name of the merchant)
(registration number of the merchant)
(legal address of the merchant)
(actual address of the merchant)

Assessment of Activities of the Merchant No. xxxx

1. Date of the assessment (from/until)/location (address)
2. Assessment was performed by
  (position, given name, surname of the assessor(s))

3. The purpose of the assessment is to assess the conformity of activities of the merchant with Cabinet Regulation No. 364 of 17 May 2011, Procedures for the Licensing and Supervision of Merchants which Provide Recruitment and Placement Services in Manning the Ship's Crew (hereinafter - the Regulation).

4. A ship-owner or a representative thereof in recruitment and placement issues to whom the merchant provides recruitment and placement services in manning the ship's crew (hereinafter - the recruitment and placement service) in accordance with the information provided by the merchant.

5. Assessment of activities of the merchant according to the following criteria (mark the appropriate with an x):

No. Assessment criteria Yes Partially1 No Not applicable
1. Does the merchant have a good knowledge of and complies with the requirements of international and national laws and regulations for the training, certification, and work of seafarers in the field of seafaring        
2. Whether a person recruited or placed to work on a ship has a valid documentary evidence of the conformity of the health condition of the person with the requirements laid down in the laws and regulations regarding the conformity of the health condition of a seafarer for work on a ship and whether the qualification of the person conforms to the requirements of the laws and regulations regarding the certification of seafarers        
3. Is the authenticity of the document certifying the professional qualification of the person to be recruited or placed and the person recruited or placed verified, and does the merchant notify the Registry of Seamen of the documents in which possible signs of forgery have been found        
4. Is a database of the recruited or placed persons maintained and are copies of the documents certifying professional qualification, completion of mandatory additional training courses and conformity of health and copies of employment agreements, and also information regarding the work of persons on ships and authenticity of the documents certifying professional qualification kept        
5. Is conformity of the employment agreement entered into and its conditions with the requirements of the laws and regulations in force and the collective bargaining agreement, if any, ensured        
6. Has a possibility been provided to the person to become acquainted with the employment agreement and its conditions before or during its signing, is a copy of the employment agreement issued to the person and is the person informed of his or her rights and obligations, work conditions and potential expenses which may occur during the recruitment and placement process        
7. Does the merchant examine complaints and responds to them, and notify the Registry of Seamen of unresolved complaints and systemic problems related to the provision of recruitment and placement services        
8. Does the merchant ascertain that a ship-owner, in accordance with the employment agreement, takes the measures necessary to prevent a recruited or placed person from being stranded at a foreign port        
9. Are the reports on the seagoing service of the persons recruited or placed and employed on ships regularly submitted to the Registry of Seamen        
10. Does the merchant not use such means in its activities, which are provided for preventing or refraining a person from getting such job for which the person is qualified        
11. Has at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea as a ship officer or without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the field of seafaring, been permanently engaged in the administration of recruitment and placement services at each actual place of operation of the merchant        
12. Whether, within the last year, at least five persons have been recruited or placed on a ship subject to the Maritime Labour Convention (2006), as amended, based on the contract for the provision of recruitment and placement services which has been entered into by the merchant and a ship-owner or a representative thereof in recruitment and placement issues        
13. Has a contract on the provision of recruitment and placement services (copy) entered into by the merchant and a ship-owner or a representative thereof in recruitment and placement issues been submitted to the Registry of Seamen        
14. Is there a valid contract on the provision of recruitment and placement services entered into by the merchant and a ship-owner or a representative thereof in the recruitment and placement issues        
15. Is the fulfilment of the commitments specified in the employment agreement of the person recruited or placed and compensation of the monetary losses which may occur due to the fault of the merchant or ship-owner ensured in accordance with the requirements of the Regulation        
16. Has the merchant introduced a quality management system for recruitment and placement services or safety management system (SMS) certified in an internationally accredited certification institution in accordance with Sub-paragraph 11.16 of this Regulation and does it ensure the supervision of the processes of recruitment and placement services        
17. Has information regarding changes in the application or other submitted documents been submitted to the Registry of Seamen within the determined period of time        
18. Have the results of the certification of the quality management system for recruitment and placement services or the safety management system (SMS) and of the certification supervision audit in relation to matters of recruitment and placement services been submitted to the Registry of Seamen        
19. Does the merchant have appropriate office premises for the provision of recruitment and placement services        
20. Is the information provided to the Registry of Seamen true        
21. Do the activities of the merchant conform to other requirements of the Regulation        

Explanatory note. 1 Deficiencies have been found in the activities of the merchant which do not constitute non-conformity with the requirements of the Regulation. Further information has been provided in Paragraph 7 of this assessment report.

6. Notes on the assessment process
7. Deficiencies found during the assessment
8. Non-conformities found during the assessment
9. Opinion of the assessor

10. The assessment may be contested by submitting the respective application to the Director of valsts akciju sabiedrība "Latvijas Jūras administrācija" [the State stock company Maritime Administration of Latvia] in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the Director of valsts akciju sabiedrība "Latvijas Jūras administrācija" [the State stock company Maritime Administration of Latvia] may be appealed to a court.

11. The assessment report was drawn up by

   
(position)   (given name, surname)   (signature*)

12. I hereby certify the assessment

   
(position)   (given name, surname)   (signature*)

Date*  

Note. * The details of the document "date" and "signature" shall not be completed if the electronic document has been drawn up in conformity with the laws and regulations regarding the drawing up of electronic documents.


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā licencē un uzrauga komersantus, kuri sniedz darbiekārtošanas pakalpojumus kuģa .. Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 364Adoption: 17.05.2011.Entry into force: 21.05.2011.Publication: Latvijas Vēstnesis, 78, 20.05.2011.
Language:
LVEN
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