International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW)

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers(STCW) may be amended by either (a) a state-party proposing an amendment to the IMO Secretary-General, who circulates the draft to all IMO members and the Director-General of the International Labour Office, then sends the proposed amendment to the Maritime Safety Committee (MSC), where 2/3 majority vote is required; or (b) a conference of the IMO, whereby amendments are passed with a 2/3 majority vote (STCW Art XII(I)(a)and(b)). In October 1991 the United States became a signatory to STCW and the US Coast Guard (USCG) began implementing STCW in 1996 to officers and seafarers based on their US licenses and documentation. The National Maritime Centre (NMC) is the entity granting STCW training, as required by US law, for a seafarer maintaining a professional mariner license or Z-card, showing a seafarer’s classification. Every member-state is tasked with implementing the provisions of the STCW. During the 1995 conference to revise the 1978 STCW, a Fishing Vessel Personnel licence was proposed, none of the Indian Ocean Regional states signed, and the measure subsequently failed (Manoj Gupta, Indian Ocean Region 206 (2010)).

Port and Flag States are granted the authority to intervene in the case of deficiencies deemed to pose a danger to persons, property or the environment (regulation I/4). This can occur if the ship’s papers are not in order, if the ship is involved in a collision or grounding, if there is an illegal discharge, or if the ship is behaving in an unsafe manner. The 1995 Amendments created a “White List” which are states that have come into full compliance of STCW Convention and Code, as revised in 1995 and 2010. The evaluation process for being on the White List includes process for granting certificates, training centres, oversight, and flag and port control. A vessel from a non-White List flag state might be denied entry into White Listed ports, detained, denied entry, or vigorously inspected. A seafarer with certification from a non-White Listed state would be denied a Certificate of Equivalency and might be turned away by some manning agents, along with their sea time and training being highly scrutinized.