F-33

(DCCM)
V.04

Panama Maritime Authority

General Directorate of Merchant Marine
Control and Compliance Department

MERCHANT MARINE CIRCULAR MMC-380

To: Recognized Organizations (RO’s), Ship-Owners/Operators, Company

Designated Person Ashore (DPA, Legal Representatives of Panamanian
Flagged Vessels, Panamanian Merchant Marine Consulates, Segumar
Regional Offices, ASI Inspectors, Port State Control Inspectors, Ship Shipping
Companies and other flag customers.

Subject: Measurements to Reduce PSC Detentions on Panamanian Vessels.

Reference: Resolution A.1138(31) - Procedure for Port State Control, SOLAS, Chapter I,
Rule 11, A y C.
Annex 1 - Tokyo MOU - Criteria for attribution of RO responsibility.
Annex 2 - Paris MOU - Guidance on detention and action taken.
Paris MOU - Criteria for the responsibility assessment of recognized
organizations.

1. This Merchant Marine Circular replaces MMC-172 and its formats.

2. Purpose

2.1 The propose of this Circular is to establish measurements to reduce Port State
Control (PSC) detentions of Panama flagged vessels, with the cooperation of
recognized organizations, shipowners and ship operators as well as other interested
parties.

3. Preamble

3.1 The reviews of the 2019 Panamanian vessels performance, shown an increased
number of detentions in some regions. Therefore, it is necessary to improve the
identification of any ship considered to be poorly maintained, or have reached, a
condition that could be judged as sub-standard, in order to reduce deficiencies and
detentions.
 This Administration would like to highlight that in order to complies with safety, security
and environmental regulations for a better maritime industry, there no place in our registry
for substandard vessels; which can affect directly our flag reputation in all the Port State
ControlMemorandum of Understanding (MoUs).

4. Definitions

4.1 Port State control officer (PSCO): A person duly authorized by the competent
authorityof a Party to a relevant convention to carry out port State control inspections,
and responsible exclusively to that Party.

4.2 Recognized Organization (RO): An organization which meets the relevant conditions
set forth in the Code for Recognized Organizations (RO Code) (MSC.349(92) and
MEPC.237(65)), and has been assessed and authorized by the flag State
Administration in accordance with provisions of the RO Code to provide the necessary
statutory services and certification to vessels entitled to fly its flag.

4.3 Deficiency: A condition found not to be in compliance with the requirements of the
relevant conventions.

4.4 Detention: Intervention action was taken by the port State when the condition of the
vessel or its crew does not correspond substantially with the relevant conventions to
ensure that the vessel will not sail until it can proceed to sea without presenting a
danger to the vessel or persons on board, or without presenting an unreasonable
threat of harm to the marine environment, whether or not such action will affect the
normal schedule of the departure of the vessel.

4.5 Initial inspection: A visit on board a vessel to verify the validity of the relevant
certificates and other documents, the overall condition of the vessel condition, its
equipment and its crew.

4.6 More detailed inspection: An inspection conducted when there are "clear grounds".

4.7 Clear grounds: Evidence that the vessel, its equipment, or its crew do not correspond
substantially with the requirements of the relevant conventions or that the master or
crew members are not familiar with essential shipboard procedures relating to the
safety of ships (vessel) or the prevention of pollution.

4.8 Stoppage of an operation: Formal prohibition against a vessel to continue operation

due to an identified deficiency or deficiencies which, singly or together, render the
 continuation of such operation hazardous.

4.9 Substandard vessel: A vessel whose hull, machinery, equipment or operational

safety is substantially below the standards required by the relevant convention or
whose crew is not in conformity with the safe manning document.

4.10 Nearest appropriate and available repair yard: A port where follow-up action
can be taken, and it is in, or closest to, the port of detention or the port where the ship
is authorized to proceed taking into account the cargo on board, that the Port State
Authority may allow the vessel concerned to proceed, as chosen by the Master or
vessel operator and agreed to by that Authority, provided that the conditions agreed
between the Port State Authority and the Flag State are complied with.

4.11 Valid certificates: A certificate that has been issued, electronically or on

paper, directly by a Party to a relevant convention or on its behalf by an RO, contains
accurate and effective dates, meets the provisions of the relevant convention and to
which the particulars of the ship, its crew and its equipment correspond.

5. Measurements to be applied as preventive-corrective actions to reduce PSC

detentions.

5.1 RO’s are responsible for a permanent verification of MoU´s websites to determine the
status of vessels under its supervision.

5.2 RO’s are responsible for the handling of detentions, including the investigation,
analysis and determination of deficiencies root-cause, recommendations including
preventive/corrective actions and follow actions to avoid future occurrence of major
detentions, all information shall be sent to the Port State Control Section [email protected];
as soon as possible to avoid delays to the vessel.

5.3 RO’s surveyors on board Panama flagged vessels shall be paid attention to the
following main items including on the “Top Deficiencies” (most frequent detainable
deficiencies) on MoU´s annual reports, but not limited to:

1. Validity of all Statutory Certificates (including annual/intermediateendorsements).

2. Life-Saving Appliances (LSA) in general.
3. Lifeboat falls (including renewal and reversal dates).
4. Liferafts servicing (dates).
5. Fire Fighting Systems & Equipment (in general).
6. Emergency Fire Pumps (last test).
7. Fire detention & alarm system (last service).
8. Pyrotechnics (expiry date or expiration date).
9. Records of weekly/monthly drills and equipment inspections (log book’s entries,
SMS records).
10. Nautical Publications & Charts (up to date).
11. Oil Record Book + Oil Filtering Equipment (MARPOL 73/78 Annex I).
12. Any outstanding statutory items and/or conditions of class (verify last class
survey).
13. Personnel Familiarization & Responsibility (ISM Code – Section 6).
14. Maintenance of the Ship and Equipment (ISM Code – Section 10).
15. Working & Living Conditions (MLC, 2006).

5.4 Ship-Owners, operators, technical manager and Company Designated Person Ashore
(DPA) together with Ship’s Master are responsible to establish on board a pre-arrival
verification, taken into account the items mentioned on the previous paragraph; which
must be verified at least 24 hours before arrival at ports in order to avoid detentions and
deficiencies. The objective evidence about these pre-arrival verifications conducted by the
vessel shall be maintained on board the vessel at all the time as evidence; which can be
presented at request of Flag State inspector during the Annual Safety Inspection (ASI).

5.5 If an extraordinariness issues, such as equipment failures or any others situations that
cannot be resolve on board of the vessel immediately; Ship-Owners, operators, technical
managers, DPA together or vessel´s Master, shall immediately coordinate the effective
corrective actions, together with the vessel Recognized Organization (R.O,) and Segumar
Offices. At the same time, PSC Authority shall be informed as requested by regulation 11
“Maintenance of conditions after survey”, SOLAS Chapter I.

5.6 In order to improve the information exchange regarding Port State Control (PSC)
Inspections to Panamanian Flagged vessels, this Administration requires that all Masters,
Ship-Owners, Operators, technical managers, DPA and Recognized Organization (RO)
send immediately to our Port State Control Section, all PSC inspections reports to
[email protected].

5.7 Relating to all deficiencies detected during a Port State Control Inspections; the
corrective actions taken by the vessel shall be sent as soon as possible and duly
documented, to Panama Port State Control Section using the format in Annex 1 of this
Merchant Marine Circular “Correction of Deficiencies Reports” Form (F-27).
 The PSC section also accepts as corrective actions:

1. The format used by the company safety management system; describing

the deficiencies, corrective actions, root cause analysis and preventive actions
taken.

2. The Occasional Survey (OS) report format issued by the RO (,) who performed
the visit of the vessel to verified the deficiencies raised and the corrective
actions.

6. Recognized Organization (RO) responsibility with the detention

6.1 This Administration accepts the RO responsibility criteria of the Tokyo MoU
(as apermanent member) and Paris MoU, define as follow:

A detainable deficiency is associated with the RO if it is:

1. a serious structural deficiency including corrosion, wastage, cracking and

buckling unless it is clear that the deficiency has occurred since the last survey
conducted bythe RO; or

2. a serious deficiency in equipment or non-structural fittings (such as fire main,

air pipes, cargo hatches, rails, masts, ventilation trunks/ducts, accommodation and
recreational facilities etc.) AND it is less than ninety (90) days since the last survey
conducted by the RO, unless it is clear that the deficiency has occurred since the
last survey conducted by the RO; or

3. a serious deficiency in equipment or non-structural fittings which clearly would

have existed at the time of the last survey; or

4. a serious deficiency associated with out-of-date equipment which was out-of-

date at the time of the last survey; or

5. a missing approval or endorsement of Plans and Manuals if required to comply

with the provisions for issuance of statutory certificates which clearly would have
existed at the time of the last survey; or
 6. a major non-conformity where there is clear evidence of a lack of effective and
systematic implementation of a requirement of the ISM Code AND there is clear
evidence that it existed at the last audit conducted by the RO provided that the
audit took place within the last ninety (90) days. It may also include operational
drills and operational control and there is clear supporting evidence of failure;

7. a detainable MLC-deficiency where there is clear evidence of a lack of

implementation of a requirement of the MLC Code with respect to the
accommodation and recreation facilities detailed in Regulation 3.1 in Title 3 and
that it existed at the last inspection conducted by the RO.

6.2 The RO must have established procedures for the cases where, as a result of PSC
inspection, there are deficiencies relating to RO responsibility and statutory certificates
issued by the organization, detailing the actions to be followed to prevent and avoid her
recurrence, including actions as Warning Note, Suspensions or Cancelation, to against
surveyors who survey conducted to issued or endorsed a statutory certificate affected.
The consult of RO responsibility criteria established by MOU’s (Tokyo, Paris) is
recommended. Refer to Annex 2, Annex 3 and RO Code, chapter 6: Performance
measurement, analysis and improvement.

6.3 This Administration may also be monitoring constantly the RO performance through
the result of PSC inspections and where RO responsibility has been detected; it could
be sanctioned on a case-by-case basis, according to the internal malpractice
procedures.

7. Contact information:

7.1 Port State Control Section, Monday to Fridays (according to Panama local time
and regular office hours).

Phone: (507) 501-5092 / 501-5094 / 501-5033

Fax: (507) 501-5083
Email: [email protected]

7.2 Segumar Offices In cases where assistance is required please contact:

7.2.1 SEGUMAR Panama Head Office (HO) for night time, weekends
and holidays (Panama local time)
Phone: (507) 501-5361/501-5362
Email: [email protected]; [email protected];
[email protected]
 7.2.2 For nearest Segumar Office, you can contact us as convenient on
Monday to Fridays (according to local time and regular office hours):

America:

Segumar Miami Segumar Houston

segumar.miami@segum
ar.com [email protected]

Asia:

Segumar Tokyo Segumar Imabari Segumar Shanghai

segumar@panaconsul- segumar.imabari@segu segumar.shanghai@segum
tokyo.com mar.com ar.com
rchacon@segumarimab
ari
.jp
Segumar Seoul Segumar Busan Segumar Singapore
segumarseoul@segumar segumarbusan@segum
.com ar.com [email protected]

Segumar Manila Segumar Dubai

segumar.manila@segum segumar.dubai@segum
ar ar.com
.com

Europe

Segumar Piraeus Segumar Istanbul Segumar London

[email protected] [email protected] [email protected]
m om m

In the cases above indicated, where assistance is requested to Segumar Office, please
submit the “Correction of Deficiencies Reports” Form (F-27), PSC Survey (inspection)
report, related Statutory Certificates copy, and RO survey report (i.e. Conditional or
Single Voyage authorization). Authorizations granted by Segumar Offices shall not be
considered as a “release letter” in case of a PSC detention.
8. Annexes:

• Annex 1-Correction of Deficiencies Reports Form (F-27).

• Annex 2-Tokyo MOU-Criteria for attribution of RO responsibility.
• Annex 3-Paris MOU-Criteria for the responsibility assessment of
recognized organization (RO).

February, 2022 – Change in paragraph 8 – “Annex 1-Correction of Deficiencies

Reports Form (F-27)”.
June, 2020 - This Merchant Marine Circular replaces MMC-172 and its formats.

Inquiries concerning the subject of this Merchant Marine Circular or any other request
should be forward to:

Navigation and Maritime Safety Department

Directorate General of Merchant Marine
Panama Maritime Authority

Phone: (507) 501-5031

E-mail: [email protected]
Website: https://panamashipregistry.com/circulars/