Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
By Marine Notice MLC-001, Rev. 01/14, issued by the Liberian Maritime Authority concerning Implementation, Inspections and Certification under the Maritime Labour Convention (MLC), 2006, the Liberia Administration considers that the following persons will not generally be considered as seafarers for the purpose of the MLC, 2006:
- Professional Pilots;
- Port Workers;
- Guest entertainers;
- Ship Inspectors/Surveyors;
- Ship Superintendents;
- Repair and maintenance technicians; and
- Temporary riding crew such as Suez Canal crew.
Cadets and Trainees enrolled in a maritime university and sent on board to complete the sea time required for graduation, may upon application and satisfactory review of their contractual or similar arrangements, be exempted from Regulations 1.4 (Recruitment and placement); 2.1 (Seafarers’ employment agreements); 2.2 (Wages); 4.2 (Shipowners’ liability); 4.5 (Social Security); and Standards A 2.4 (Entitlement to leave); and A 2.5.2(b) of the Convention.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
By Marine Notice MLC-001, Rev. 01/14, issued by the Liberian Maritime Authority concerning Implementation, Inspections and Certification under the Maritime Labour Convention (MLC), 2006, the Liberian Administration has decided for the present time The Liberian Administration has decided not to apply the provisions of MLC, 2006 to Mobile Offshore Drilling Units (MODU), whose primary service is drilling operations for the exploration, exploitation, production of resources beneath the sea-bed and are not normally engaged in navigation or international voyages.
The Liberian Administration has also decided not to apply the provisions of MLC to Floating Production, Storage and Offloading facilities (FPSOs), Floating Storage Units (FSUs), and Self-Elevating Liftboats, whose primary service is neither underway nor engaged in an international voyage.
Application of MLC to Mobile Offshore Accommodation Units and other similar mobile offshore units, such as nonself-propelled barges, will be considered on a case by case basis.
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
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