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ALERT: NCoV ARD

Philippine Shipping Update – Manning Industry

By:  Ruben Del Rosario, President, Del Rosario Pandiphil Inc., 6 February 2020 (Issue 2020/02)

 

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ALERT:  2019 NCoV ARD
 
 Following the 30th January 2020 declaration by the World Health Organization that the 2019-nCoV ARD is a Public Health Emergency of International Concern, the Philippine Government has issued on 31 January 2020 a temporary travel ban for those coming from China including Hong Kong and Macau Special Administrative Regions.
 
The temporary travel ban covers non-Filipinos who are directly coming from China, including Hong Kong and Macau. It likewise covers those who travelled to said areas within the past fourteen (14) days. Exempt are Filipinos and those holding a Philippine permanent resident visa, said individuals are to undergo quarantine for 14 days.
 
There is also a temporary travel ban on Filipinos to travel from the Philippines to China including Hong Kong and Macau.

On 4 February 2020, the Department of Health issued Department Circular No. 2020-0034 (“DOH Circular No. 2020-0034). This circular modified Bureau of Quarantine’s Memorandum Circular 2020-04 dated 3 February 2020 that originally imposed a ban on the entry to Philippine ports of foreign vessels coming within the past 14 days from China including Hong Kong and Macau.
 
Based on DOH Circular No. 2020-0034, the following are the guidelines:
 

A.      For Cruise Vessel

A.1.  All Cruise Ships with passengers, regardless of nationality, from China, Macau and Hong Kong or had passed through these territories in the past 14 days are not allowed to dock at any Philippine port.
 
A.2.   All Cruise Ships not calling on the ports of China, Macau and Hong Kong SAR within the last 14 days are allowed to dock in Philippine ports.  They must undergo complete screening measures, submission of duly accomplished Maritime Declaration of Health , and other pertinent documents related to 2019 NCoV ARD.
 
A.3.  All Cruise Ships allowed to dock must declare all travel itineraries/excursions in the Philippines.
 
A.4.  The master of the vessel must report immediately any occurrence of flu-like symptoms (e.g. fever, cough, colds, body weakness and difficulty of breathing).  In an event of flu like manifestation arising, the master must immediately report to the Quarantine Maritime Officer (QMO) for guidance on implementing infection prevention and control protocols to minimize the spread of infection on board.
 

B.       For Cargo Vessels

B.1.  All vessels coming from China, including Hong Kong and Macau, in the past 14 days must be boarded at the quarantine anchorage.
 
B.2.  Upon arrival at quarantine anchorage, the master of the vessel must hoist at its foremast the yellow flag and inform immediately the Quarantine Station at the assigned port through ship agents.  Strictly no embarkation/disembarkation policy.
 
B.3.  Quarantine boarding formalities shall ensue – the master of the vessel shall submit a duly accomplished Maritime Declaration of Health and the Bureau of Quarantine shall issue free patique.  Other boarding formalities shall ensue.
 
B.4.  Vessels cleared at the first port of entry and calling another local port, which within the past 14 days travelled to China, Hong Kong and Macau, must be boarded at the designated Quarantine anchorage by the QMO, submit duly accomplished Maritime Declaration of Health and other pertinent documents.      
 
B.5.  The master of the vessel must report immediately any occurrence of flu-like symptoms (e.g. fever, cough, colds, body weakness and difficulty of breathing).  In an event of flu like manifestation arising, the master must immediately report to the Quarantine Maritime Officer (QMO) for guidance on implementing infection prevention and control protocols to minimize the spread of infection on board.
 
B.6.  The QMO will conduct triaging of cases/s using current Case Definition.
 
B.7.  Ship agent of the vessel with person under investigation (PUI) situated in a non-competent port will arrange the immediate diversion of the vessel to the nearest competent port (Manila and Cebu) in the Philippine territory.
 
B.8.  PUI in a competent port will be conducted in a dedicated hospital and the vessel will be declared as affected vessel.  A confirmed laboratory result of case will commence a 14 day quarantine at the anchorage and hoist the Lima flag.  Day zero starts at the conduction of the PUI.
 
     On the 14th day,  the QMO will board the vessel, examine the documents, muster the crew and issue a free patique.  The master of the vessel may then lower down the yellow flag, and other formalities will commence.
 

C.       General Preventive Measures

C.1.  Continue hygienic practices and sanitary measures at all times.
 
C.2.  Waste disposal of vessels coming in from China, including Hong Kong and Macau, in the past 14 days, are not allowed in Philippine ports.
 
DOH Circular No. 2020-0034 seems to be in line with the statement released by the Philippine Ports Authority on 4 February 2020 declaring that Philippine ports remain open to vessels coming from China and its Special Administrative Regions under specific conditions.
 
Further issuances may change the guidelines to be observed for foreign vessels entering Philippine ports depending on public health conditions. Subsequent alerts will be made should revised guidelines be issued by competent authorities but it is also highly recommended that coordination with ship agents be made on a regular basis to see if there will be new developments that may affect the ship’s operations.

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Areas of Specialization: Shipping, Labour, Transport, Corporate, Mergers & Acquisitions, Insurance, Immigration, Litigation, Arbitration, Intellectual Property
 
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This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation.  It is meant to be brief and is not intended to be legal advice.  To subscribe or for further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

 
 

 

 

Bulletin

TheAsia Business Law Journal has named Managing Partners Arturo Del Rosario, Jr. and Ruben Del Rosario and Senior Partner Joseph Rebano as one of the Philippines Top 100 Lawyers in their recently published list.

The Top 100 list of lawyers can be accessed as follows:

https://www.vantageasia.com/asia-business-law-journal/Philippines-lawyers/#INTRODUCTION

 

DelRosarioLaw welcomes Ruben Jose G. Del Rosario Jr., as a Junior Associate of the firm. He is a 2011 Bachelor of Science in Management, Major in Legal Management graduate of Ateneo de Manila and a 2017 Bachelor of Laws graduate of San Beda College - Alabang.

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Partner Charles Dela Cruz spoke on "Nuances of Retirement Law in the Philippines" at the 2nd HR Compliance Conference held on September 25-26, 2018 at SMX Aura Convention in Bonifacio Global City.

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Partners Charles Dela Cruz and Herbert Tria spoke on “Current Crew Claims Handling Issues related to the Data Privacy Act” at the 7th Annual Magsaysay Shipping and Logistics’ Marine Insurance Seminar held on 21 September 2018 at Robert Hall, Times Plaza Building, Manila.

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DelRosarioLaw Senior Partner Charles Jay Dela Cruz was elected as member of the Board of Trustees of the Philippine Bar Association (PBA) for the term 2018-2019.

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