Home India Ministry of Ports, Shipping and Waterways E-Migrate system for seafarers -reg...
Date: 2020-02-14 Category: MS Notice State: Union Government Country: India

E-Migrate system for seafarers -reg

Issued by Ministry of Ports, Shipping and Waterways · Directorate General of Shipping

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Executive Summary & Key Takeaways

**Executive Summary** Merchant Shipping Notice No. 05 of 2020, issued by the Directorate General of Shipping on February 14, 2020, provides clarifications regarding the e-Migrate system for seafarers and certain other personnel. The notice addresses difficulties faced by individuals at immigration checkpoints, specifying who is required to use the e-Migrate system and who is exempt. Bureau of Immigration (BoI) is expected to issue further instructions/clarification to immigration authorities. **Key Points / Main Content** * **E-Migrate System Applicability:** * Indian seafarers recruited for foreign flag merchant vessels must use the e-Migrate system. * Seafarers are not required to show hard copies of CDC/CoC/STCW certificates or e-Migrate Form 1. * **Exemptions from E-Migrate System:** * Supernumeraries (spouse/children of seafarers) joining a ship. * Non-seafarers as defined and classified by the Directorate General of Shipping (reference M.S. Notice No. 2 of 2018). * Persons working on oil platforms/rigs, harbor ships, sailing/fishing vessels, inland vessels, pilot vessels, light house tenders, defense department vessels, trawlers, and yachts within Indian waters. * Foreign OEM technicians or Observers. * **Airline Guidance:** * Airlines should not insist on printouts of e-Migrate confirmations due to potential misuse through Photoshop. * **Port Verification:** * Minor Indian seaports must have resources to verify e-Migrate status of Indian seafarers. Seafarers attempting to join ship without proper e-Migrate registration should not be allowed to join/continue on ship. **Impact Analysis** **Stakeholder: Seafarers** * **Impact:** Clarification on documentation required for departure clearance and confirmation that passport is sufficient for non-seafarers. * **Action Required:** Comply with e-Migrate system requirements if applicable; ensure data is correctly submitted and reflects in the e-migrate system well before departure, and understand their rights regarding document presentation to airlines. **Stakeholder: Shipping Companies/RPSLs** * **Impact:** Need to ensure seafarers' data is correctly submitted to the e-Migrate system. * **Action Required:** Submit seafarer data well before the date and time of departure. **Stakeholder: Airlines** * **Impact:** Clarification on acceptable documentation for seafarers and guidance to avoid unnecessary document requests. * **Action Required:** Refrain from insisting on e-Migrate printouts from seafarers. **Stakeholder: Immigration Authorities** * **Impact:** Need to verify e-Migrate status at all ports and understand which personnel are exempt. * **Action Required:** Implement procedures to verify e-Migrate status; adhere to guidelines on exemptions. Bureau of Immigration (BoI) to issue suitable instructions/clarification to all immigration authorities at immigration check points at seaports & airports in India in accordance with these guidelines. **Stakeholder: Ministry of Home Affairs, Gol or the State Administration** * **Impact:** Need to provide resources to verify e-Migrate status * **Action Required:** Ensure the required resources are in place at all such Minor ports to verify e-migrate status of Indian seafarers. **Stakeholder: Shipping Agents** * **Impact:** To facilitate verification of E-Migrate status * **Action Required:** Facilitating Indian seafarers to sign on board Indian and foreign flag vessels from Minor Indian Seaports where there is no resource to verify the e-migrate status.

Key Entities Referenced

e-Migrate system: Online system for seafarers' immigration clearance Directorate General of Shipping: The issuing authority of the notice Merchant Shipping Notice: Refers to earlier notices and clarifies the applicability of the e-Migrate system Seafarers: Subject of this document, specifically Indian seafarers employed on merchant vessels Bureau of Immigration (BoI): Organization tasked with issuing instructions at immigration checkpoints
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TIr(iT TTG6K / GOVERNMENT OF INDIA Q-a cftd6{ {TIdq / MrNrsrRy oF sHrpprNc +df{ rerfrtqnsq, 5q{ DIRECTORATE GENERAL OF SHIPPING, MUMBAI Dated.14.02.2020 F No CR-2'1(1)/2010 Merchant Shiopino Notice No 05 of 2020 Directorate General of Shipping had vide its Merchant shipping Notice No. 7of2017(F.No.CR/GRW,\2l15-1dated11.08.2017)launchede.Migratesystem for seafarers keeping in view the difficulties faced by lndian seafarers who are recruitedandplacedonboardforeignflagvesselsbyunlicensedRecruitment &PlacementService(RPS).TheDirectoratehasalsotimeandagainafter|aunch of said e-Migrate system taken review/orientation sessions with the lndian ship owners/RPSls to address any difficulty for uploading the data of seafarers in the e-Migrate system, for smooth functioning of the said e-Migrate system' 2,ltisnotedthatSeafarers'supernumeraries(spouse/childrenofseafarer)'non- seafarers(SuchaSshipsurveyors,auditors,doctors,superintendents),seafarers working on harbor ships, lnland watemays ships and crafts' placed on board ship are still facing problems as they are being asked by the immigration authoritiestoproduceSTCWcertificateortheCDCortheprintoutofthee. Migrate Form 1 etc. for their departure clearance' 3'lnthisconnectiontheissuesareclarifiedasundertomitigatesuchproblems: 3,1'seafarers:lndianseafarerswhoarerecruited&placedonmerchantVessels of any flag are required to go through e-migrate system only lndian seafarers who work on cruise vessels still do not possess lndian CDC' because CDC is not a mandatory document for e-migrate and it is the passport which is the Page 1 of 4 Ui +a RfrT, eff rifrm, B{ri Ri6 2d Aq(,6tE(,Iiq t-s, 6iErcrt(54) S-moo+z gth Ftoor, BETA Buitding, l-Think Techno Campus, Kanjur Village Road, Kanjurmarg (E), Mumbai400042 $tyr8t No.: +9.1-22- 2s7s z!4ohru3 #fi/Fax.: +91-22-2 575 2o2gl35 {-tduEmall: dgshlp{gs@nic.ln tffif{Z/Web6lte: vwwv.dgr pphg.govlnidentification document for them ln the e-migrate system' a seafarer is not required to show any document in the hard form such as CDC/CoC/STCW course certificates or prlntout of Form 1 of e-Migrate system' as there is proven misuse through Photoshop by unscrupulous elements" 3.2. Supernumeraries (spouse/children of seafarers): The supernumeraries who are ioining ship are not required to go through e-migrate system They arenotrequiredtopossesscertificatessuchasCDC/CoC/STCWcertificates etc. 3-3.Non-seafarers:DirectorateGeneralofShippinghasdefinedandclassified non-seafarers and facilitated them into the e-Migrate system through the M S Notice No, 2 of 2o1B dated 16,01'2018. These persons may not be having CDC/CoC/STCW course certificate and are out of the purview of Maritime Labour convention and seafarers' employment agreement' ln the said e- for these persons is their Migrate system, the identification documents passport. As such, other documents like CDC/CoC/STCW course certificates or printout of Form 1 of e-Migrate system is not required' 4 Other persons: persons working on the following types of ships/crafts' in differentcapacitiesinlndianwaterSarealsofacingdifficultyattheimmigration checkpoints for their departure clearance as they are being asked to come - through e-Migrate system; i) oil Platforms/rigs ii) harbor ships/crafts plying in harbor limit iii) sailing vessels or fishing vessels iv) lnland vessels registered by state Governments v) vessels Pilot vi) light house/navaid tenders vii) defense dePartment vessels viii) trawlers ix) Yachts The person working on above types of vessels are not required to sign ArticlesofAgreementorholdCDC/CoC/STCWcertificates.Hence,these Page 2 ol 4 Wrpersons are outside of purview of Maritime Labour convention and they are not required to go through the e-Migrate system which is mandatory for seafarers working on Merchant shiPs. Further, it is also reported that before passing through the immigration departure clearance, the seafarers are also asked by the Airlines to show the printouts of the e-Migrate system. such instances are reported at the time when the airlines checked in the baggage of the seafarer at the check-in counter of the airlines and seafarer whose data is not found in the e-migrate system is disallowed by lmmigration Department. The exercise to off load the baggage from the aircraft by the airlines lead to delay the flight and hardship to the fellow passenger. The Rps/lndian ship-owners should ensure that the data of seafarer concerned is submitted and reflects in the e-migrate system well before the date and time of departure. The Airlines however should be guided that they should not insist printout of the e-migrate of the seafarer as there is a possibility of misuse by unscrupulous elements through Photoshop. Airlines may be guided suitably by the DGCA, Gol. 6 Shipping Agents are facilitating lndian seafarers to sign on board lndian and foreign flag vessels from Minor lndian seaports where there is no resource to verify the e-migrate status. seafarers who signed on without registering in the e- migrate portal are intercepted at subsequent lndian Ports while in transit by the lmmigration authorities of that Port. Ministry of Home Affairs, Gol or the state Administration, as the case may be, may ensure that the required resources are in place at all such Minor ports to verify e-migrate status of lndian seafarers. Since, as per e-migrate system every lndian seafarer leaving lndian SeaporUAirports for joining ship requires to go through e-migrate system, any seafarer, except those exempted as per these guidelines, who attempts to join or joined ship without e-migrate should not be allowed to join/continue on ship' 7. The oEM technician or observer, if happened to be a foreign national, are out of the purview of e-migrate system. As such, joining on ship of these foreign national oEM technician or observer will be as per usual channel of their Page 3 of 4 )ttplacement by the ship-owner and are not required to go through e-migrate system. B. Bureau of lmmigration (Bol) may issue suitable instructions/clarification to all the immigration authorities at immigration check points at seaports & airports in lndia in accordance with these guidelines. 9. This issues with the approval of the Director General of Shipping &Additional Secretary to the Government of lndia. ai (SubhashBarguzer) Deputy Director General of Shipping(Crew) Copy to. 1. All stakeholders through DGS website 2. Commissioner, Bureau of lmmigration 3 Chief Secretary, GujaraUMaharashtra/Goa/Karnataka/Kerala/Tamilnadu/Andhra Pradesh/OrisaMest Bengal and UT of A&N/Lakshdweep 4. Protector General of Emigrants 5 DGCA 6, AII FRROS 7. Computer Cel. DGS for placing this notice in DGS website. 8. Assistant Director (OL) for Hindi translation Page 4 of 4

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