Marshall Islands: delegation of authority and compliance requirements for RMI-flagged ships

The Republic of the Marshall Islands Maritime Administrator issued a marine notice on entities acting on behalf of the Maritime Administrator and their roles in ensuring compliance with Mandatory Instruments and National Regulations.

This notice was published on 1 January 2024.

Purpose:

The Republic of the Marshall Islands (RMI) Maritime Administrator (the "Administrator") has delegated authority to certain entities for the performance of ship Statutory Certification and Services. This notice articulates the role of these entities in ensuring adherence to the mandatory requirements of international conventions and RMI regulations. Additionally, it delineates the potential consequences for vessel owners and operators in case of non-compliance with mandatory instruments.

This Marine Notice (MN) supersedes revision Apr/2023. Footnote 2 has been revised to update the Port State Control (PSC) deficiency codes.

Applicability:

This MN is applicable to all RMI-flagged ships subject to survey and certification for statutory compliance.

Policy:

The Administrator holds ultimate responsibility for ensuring compliance with mandatory instruments for owners, operators, seafarers, and vessels under the Republic of the Marshall Islands (RMI).

The Administrator allows entities acting on its behalf, and in accordance with their authorizations, to:

• Perform Surveys and Inspections:
  Entities are authorized to conduct surveys, inspections, audits, and assessments essential to verifying compliance with mandatory instruments. They can issue statutory certification as evidence of compliance.
• Withdraw, Cancel, or Invalidate Certificates:
  Authorized entities can withdraw, cancel, or invalidate RMI statutory certificates based on the results of surveys, inspections, audits, and assessments. This action is taken in consultation with the Administrator.
• Suspend Certificates for Deficiencies:
  If a vessel owner or operator fails to correct a detainable deficiency, authorized entities can suspend relevant statutory certificates until all deficiencies are remedied.
• Provide Compliance Recommendations:
  Authorized entities are empowered to make recommendations to owners and operators regarding compliance with the specific requirements of relevant international conventions, protocols, and related codes.

Delegation of Authority:

Entities authorized to perform ship Statutory Certification and Services must have formal agreements with the Administrator. This includes Classification Societies, Appointed Representatives, Recognized Security Organizations, and Aviation Inspection Bodies. The Marine Guideline 2-11-15 outlines the authorized entities, and their agreements are publicly accessible on the IMO's GISIS database.

Communication and Instructions:

Marine Notices relevant to international instruments are considered extensions of Recognized Organization (RO) Agreements. Specific instructions to ROs are provided through Technical Circulars and Yacht Technical Circulars. RMI-specific requirements beyond international conventions are highlighted in relevant documents.

Port State Control (PSC):

ROs are authorized to cooperate with Port State Control (PSC) officers to rectify reported deficiencies on vessels for which they have issued statutory certification. In case of detentions, the attending RO surveyor must address identified deficiencies. Subsequent PSC detentions may lead to the suspension of statutory certificates, audits, and inspections.

Flag State Control Actions:

Rectify Before Departure (RBD) deficiencies issued during a flag State safety inspection must be addressed before the vessel can proceed. In the event of flag State detentions, ROs have the authority to invalidate or withdraw statutory certificates if corrective action is not taken. Certificates must not be reinstated until corrective action is completed to the satisfaction of both the RO and Administrator.

For more information, please see the document below (available only to subscribers):

Entities Acting on Behalf of the Maritime Administrator and their Roles in Ensuring Compliance with Mandatory Instruments and National Regulations