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The 94th (Maritime) Session of the International Labour Conference (ILC) (Geneva, February 2006) adopted the MLC, an important new international agreement that consolidates almost all of the 70 existing ILO maritime labour instruments in a single modern globally applicable legal instrument. The MLC establishes comprehensive minimum requirements for working conditions of seafarers including, among other things, conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection.  It combines rights and principles with specific standards and detailed guidance as to how to implement these standards at the national level.  The Convention is comprised of three different but related parts: the Articles, the Regulations, and the Code.  The Articles and Regulations set out the core rights and principles and the basic obligations of members ratifying the Convention.  The Code contains the details for the implementation of the Regulations.  The Code comprises Part A (mandatory standards) and Part B (non-mandatory guidelines).

The Maritime Labour Convention, 2006  entered into force on August 20, 2013. The MLC requires certain ships that engage on international voyages have a valid Maritime Labour Convention certificate issued by its flag administration. The U.S. has not ratified the MLC. Until such time that the U.S. ratifies the MLC, the Coast Guard will not mandate enforcement of its requirements on U.S. vessels or upon foreign vessels while in the Navigable Waters of the United States. However, Article V, paragraph 7 of the Convention contains a “no more favorable treatment clause” which requires ratifying governments to impose Convention requirements on vessels from a non-ratifying government when calling on their ports irrespective of their status of ratification. As a result, U.S. vessels not in compliance with the MLC may be at risk for Port State Control actions including detention when operating in a port of a ratifying nation.

To assist U.S. vessels who may operate in the ports of ratifying nations the Coast Guard has developed a voluntary MLC inspection program for U.S. vessels to voluntarily demonstrate compliance with the Convention. The guidelines of this program are contained in the attached Navigation and Vessel Inspection Circular (NVIC) 02-13. Vessels that wish to comply and are found in compliance will be issued Statements of Voluntary Compliance (SOVC). Because the U.S. has not ratified the MLC, the Coast Guard has no authority to issue actual MLC certificates. Applicable U.S. vessels will be highly encouraged to comply with the convention and obtain SOVCs.

The MLC page on the ILO’s website provides a comprehensive source of information about the convention, It contains a complete list of ratifying counties, inspection guidelines, relevant news concerning the convention, and provides electronic copies of the Convention for free download. The MLC page can be found under the “Labour Standards” tab on the ILO’s main website (www.ILO.org).

Templates

Statement of Voluntary Compliance Declaration of Maritime Labour Compliance Part II:  The SOVC-DMLC Part II should be prepared by the vessel owner/operator and outlines the measures put in place to ensure ongoing compliance with the requirements of SOVC-DMLC Part I. The format for Part II can vary depending on how the owner/operator decides to document their compliance measures.  The enclosed template is availible for owners/operators to download.

Self Declaration: United States commercial vessels, including uninspected commercial vessels, less than 500 GT ITC engaging on international voyages to ports of MLC ratifying nations may also be required by PSC authorities to meet U.S. laws and regulations or other measures conforming to the MLC requirements. The Convention does not require these vessels to be issued compliance certificates but it does require them to be in compliance with the MLC standards. To better facilitate a PSC exam, it’s recommended these vessels voluntarily develop their own Declaration of Maritime Labour Compliance (self declaration). 

This MOU is intended to facilitate efficient maritime trade between the United States and Canada, and to reduce administrative burdens on vessels that may call upon their ports. It’s further intended to promote seafarer and public confidence that the living and working conditions aboard United States and Canadian vessels will continue to meet and exceed applicable standards. Both organizations recognize that each has responsibility for the management of marine safety and inspection programs, including the inspection of vessels to verify that the working and living conditions aboard the United States and Canadian vessels meet all applicable standards.