Bahamas - MLC 2006 compliance resources

The draft text for the 'Merchant Shipping (Maritime Labour Convention) Regulations, 2012' are attached above ( see "Bahamas_MLC_regulations.pdf").

A guiding circular 'Information Bulletin 127' on MLC 2006 is also attached ( see "Bahamas_MLC127Bulletin.pdf" above). This explains the implementation of MLC 2006 in the Bahamas.

According to Information Bulletin 127 there are no substantive changes expected to the draft regulations attached here.

Port State Control inspections

This bulletin confirms that the Bahamas Maritime Authority's "Recognised Organisations" will undertake Port State Control inspection in accordance with the ILO Guidelines. These guidelines can be found under the 'ILO Resources' heading of the MLC 2006 section of the Club's website.

Liability of the shipowner

Further to the Club's FAQ Q7 these issues are covered under the draft regulation 25.

Repatriation

The draft of the MLC regulations closely follows the ILO on the repatriation requirements but there is no clear mention of the "specific circumstances" as mentioned under ILO guidelines B.2.5.1.b.

Some defences for owners are found in the draft under regulations - 19.2 & 19.4.

Regulation 19.4 states that where an owner might be responsible for the payment of the repatriation, it can be recovered "under third party contractual arrangements".

Financial security

The requirement for the financial security as per the Club's FAQ Q11 is mentioned under draft regulation 19.3, but there is no clear guidance whether a certificate of entry will suffice.

Regulation 25.3.b also requires a financial security regarding the compensation for death or injury.

Seafarer recruitment & placement services

Information Bulletin 147 ( see "Bahamas 147bulltn.pdf" attached above) relates to the provision of these services. Section 4.5 requires that SPRS (seafarer recruitment and placement service ) providers should have some protection, by means of insurance or equivalent to compensate seafarers for monetary loss that they may incur as a result of its failure to meet their obligations to them, or of the relevant shipowner under the seafarers' employment agreement. This is also mentioned in the draft for the shipping regulations ( Regulation 14.1.i)