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.
Under Circular No. 2014-003 concerning Maritime Labour Convention 2006 Guidance, issued by the Department of Marine Services and Merchant Shipping (ADOMS) of the Government of Antigua and Barbuda, the term "seafarer“ does not apply to persons whose work is not part of the routine business of the ship and whose principal place of business is ashore, for example, marine professionals such as harbour pilots, deep sea pilots, inspectors, superintendents, scientists, researchers, divers, specialist offshore technicians, and special purposes personnel.
Not included in the definition of seafarer are those persons working on a ship on an occasional and short term basis such as specialist fitters, guest lecturers, repair technicians, surveyors and port workers. Security personnel carried on a temporary basis are also not considered as Seafarers.
German students undertaking their shipboard training and sea service period and who are enrolled at a German maritime training university and on board purely for the period of shipboard service necessary to achieve their first certificate of competency may be regarded as Not Seafarers. This agreement covers only those students covered by the German law on this subject and who are not paid a salary by the shipowner and who have a training contract with the maritime university. Similarly German school pupils, who are occasionally carried on a ship for a short work familiarisation period as defined by German law, may be regarded as Not Seafarers.
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.
None
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.
For vessels of less than 200 GT not engaged in international voyages (in other words, operating only in domestic waters) the ADOMS has issued Local Circular 2012-010 exempting these ships from Regulation 1.3, Standards A2.1, A2.4, A2.5, A2.6, A3.1, A3.2, A4.4 and A4.5.
