DMW-MC-02-2023 — MC-02-2023

Bepartment of Aligrant MprheraEIVED Blas F.Ople Building.Ortigas Avenue cor.EDSA.Mandau Republic of the Philippines DEPARTMENT OF MIGRANT WORKERS Administrative Services BYy: MARTIN L REYESI

MEMORANDUM CIRCULAR NO. O 2Date: Marh 28.2023 me: 10:18 A.M.

Series of 2023

Amended List of the International Bargaining Forum (IBF)Warlike

and High-Risk Areas,Effective 01 January 2023

on 01 January 2023 with the following designations: of employers and the International Transport Workers'Federation(ITF),the amended International Bargaining Forum (IBF) List of Warlike and High-Risk Areas took effect Following the agreement reached between the Joint Negotiating Group (JNG)

A.DESIGNATION 1.IBF Warlike Operations Area (WOA-12 nautical miles (nm) off the Yemeni mainland Coast, including all ports Sea excluding the Maritime Security Transit Corridor (MSTC) in the Red

from the border of Yemen with Saudi Arabia in the Red Sea and the border Security Transport Corridor (MSTC) on the Red Sea where the lanes of this safe passage corridor overlap with this Warlike Area. This WOA includes Yemeni territorial waters extending up to the 12 nm limit of Yemen and Oman in the Gulf of Aden,with the exception of the Maritime

This Warlike Area applies to all vessels, whether underway or not, including all vessels at anchor and berthed"all fastwithin the Area

This designation is in force from 0001Z on 01 March 2018

Applicable benefits for seafarers include:

Bonus equivalent to basic wage,payable for 5 days minimum + per Right to refuse sailing, with repatriation at company's cost and day if longer Recommended to operate at ISPS Level 3. Doubled compensations for death and disability; compensation equal to 2 month's basic wage; and

B. DESIGNATION 2. "IBF Extended Risk Zone" - Gulf of Guinea including all ports, terminals and road anchorages and inland waterways

border to 00'N 005E, to the Angola/Namibia border. The coordinates of this area run in a direct line from the LiberialIvory Coast

This designation is in force from 0001Z on 01 January 2023

CONTROLLED AND DISSEMINATED Website: www.dmw.gov.ph EmaiDfeeback@dmw/govsphivisiHotlines:2h4,2/22-1159,8724-3665,8722-

Applicable benefits for seafarers include:

Bonus equal to basic wage,payable only on the day the vessel is Increased Best Management Practice (BMP) level. Doubled compensations for death and disability if they occur on the day the vessel is attacked; attacked in an act of piracy;

C. DESIGNATION 3.IBF Warlike Operations Area (WOA)-Sea of Azov, north of latitude 46'N

This designation is in effect from 01 March 2022 until 24 January 2023 unless extended by mutual consent.

Applicable benefits for seafarers include:

Bonus equal to basic wage,payable for 5 days minimum + per day if

Right to refuse sailing, with repatriation at company's cost and Doubled compensations for death and disability; Recommended to operate at ISPS Level 3. longer compensation equal to 2 month's basic wage; and

D.DESIGNATION 4.IBF Warlike Operations Area (WOA)-Northern Black

Sea Region

This Warlike Operations Area runs from the Ukrainian/Romanian border to position 4510'N 03100'E and to position 4525'N 03230'E

This designation is in effect from 01 March 2022 until 24 January 2023. unless extended by mutual consent.

Applicable benefits for seafarers include:

Bonus equal to basic wage, payable for 5 days minimum + per day if

Right to refuse sailing, with repatriation at company's cost and Doubled compensations for death and disability; Ionger

Recommended to operate at ISPS Level 3. compensation equal to 2 month's basic wage; and

E. DESIGNATION 5.IBF Warlike Operations Area (WOA)-AIl ports in Ukraine

not, including all vessels at anchor and berthed "all fast" within the Area This Warlike Operations Area applies to all vessels, whether underway or

This designation is in effect from 01 March 2022 until 24 January 2023 unless extended by mutual consent.

By DMW General Services Division on: March 28, 2023 CONTROLLED AND DISSEMINATED

Applicable benefits for seafarers include:

Bonus equal to basic wage, payable for 5 days minimum + per day if Right to refuse sailing, with repatriation at company's cost and compensation equal to 2 month's basic wage; and Ionger Doubled compensations for death and disability; Recommended to operate at ISPS Level 3.

Operations bonuses/additional compensation not covered by the above conditions shall remain unaffected by this Circular. In addition, the payment of Warlike Operations Area and of High-Risk Area

for overtime worked, bonuses, allowances, paid leave or any other additional computation of applicable benefits for seafarers whose vessels are transiting through the pay, however composed, for normal hours of work; it does not include payments Organization (ILO) Maritime Labour Convention,2006 (MLC,2006) guidelines in the areas with warlike and high-risk designations shall remain. Basic pay or wages means Moreover, the adoption of "basic wage based on International Labour

renumeration

effective 01 January 2023. The provisions provided in this Circular shall apply to all Filipino seafarers

charts and maps, are hereby attached as an integral part of this Circular for ready The complete amended list, which includes additional information as well as

reference.

This Circular supersedes previous issuances contrary thereto.

For the information and guidance of all concerned.

MARIA SUSANA V.OPLE Secretary

Enc.: als

CONTROLLED AND DISSEMINATED By DMW General Services Division on: March 28, 2023

MECCicuar (90 View this email in your browser

Gulf of Guinea Extended Risk Zone (ERz) coordinates correction

Members are advised that the List of IBF Risk Areas we shared in Circular (22)89 contained a rather material typo.

05 The correct coordinates of the outer limits of new ERZ should have been 00N/005E and not

The file on our website has now been corrected and the updated list can also be found here.

We apologise for any inconvenience this may have caused.

IBF LIST of designated risk areas,with applicable benefits (as of 1st January 2023):

1.IBF Warlike Operations Area -- 12 nm. off the mainland Yemeni Coast, including all ports,excluding Maritime

Security Transit Corridor (MSTC) in the Red Sea -Charts 1,2 and 3

bonus equal to basic wage,payable for5 days minimum + per day if longer doubled compensations for death and disability; right to refuse sailing, with repatriation at companys cost and compensation equal to 2 month's basic wage recommended to operate at ISPS Level 3

2 IBF Extended Risk Zone" -Gulf of Guinea, from the Liberia/Ivory Coast border to 00N 005W, to the

Angola/Namibia border-Chart 4

doubled compensations for death and disability if they occur on the day the vessel is attacked bonus equal to basic wage, payable only on the day the vessel is attacked in an act of piracy;

increased BMP level

3.IBF Warlike Operations Area -Sea of Azov,north of latitude 46'N Chart 5

bonus equal to basic wage,payable for 5 days minimum + per day if longer; doubled compensations for death and disability; right to refuse sailing, with repatriation at company's cost and compensation equal to 2 month's basic wage recommended to operate at ISPS Level 3

4.IBF Warlike Operations Area -Northern Black Sea Region-Chart 6

bonus equal to basic wage, payable for 5 days minimum + per day if longer; doubled compensations for death and disability; right to refuse sailing, with repatriation at company's cost and compensation equal to 2 month's basic wage recommended to operate at ISPS Level 3

5.Warlike Operations Area -- all ports in Ukraine

bonus equal to basic wage, payable for 5 days minimum + per day if longer; doubled compensations for death and disability; right to refuse sailing, with repatriation at company's cost and compensation equal to 2 month's basic wage recommended to operate at ISPS Level 3

Chart 1: Warlike Area 12nm off the Yemeni Mainland coast (west)

U

JAVIRATATTAIR BAB Warlike Area 12' off

Yemeni Coast

WARLIKE

ARE

C

(ttrnrrrtattrr rtriiutriirrittiiitrrr

G DOD PAPRRROAAS

Cetrtaitea Miniiiiiititr (Iint) rorrirt

Chart 3: Maritime Security Transit Corridor (MSTC) in the Red Sea and the Bab al-Mandeb Strait

Warlike Area 12' off Yemeni Coast

WARA T GOLFEDEADOUR BAB EL MANDEB

Maritime Security (STC) Transit Corridor

(Vessels transiting within the MSTC are NOT in the Warlike Area)

Chart 4: Gulf of Guinea ERZ

11o0 NAeBE USEDAn CONdnctTION WitH OREURSAMDPUBL

0 MARITIME SECURITY CHART GULF OF GUINEA WEST AFRICA INCLUDIN

Extended Risk Zone Gulf of Guinea

Chart 5:IBF Warlike Operations Area -Sea of Azov,north of latitude 46N

WLKE E

SEAF

Chart 6:IBF Warlike Operations Area -Northern Black Sea Region

CONSTANTA TOYALT

WALKE ARE

IBF list of Risk designations (details)

DESIGNATION 1 IBF Warlike Operations Area -12 n.m.off Yemeni mainland Coast

This Warlike Operations Area includes Yemeni territorial waters extending up to the 12 nautical miles limit from the border of Yemen with Saudi Arabia in the Red Sea and the border of Yemen and Oman in the Gulf of Aden, with the exception of the Maritime Security Transit Corridor (MSTC) in the Red Sea where the lanes of this safe passage corridor overlap with this Warlike Area. This Warlike Area applies to all vessels, whether underway or not, including all vessels at anchor and berthed "all fast" within the Area

During a vessel's transit of this Area,the protection of seafarers through the Isps Level3 measure should be adopted which may include the provision. of personnel or systems which appropriately reduce the vulnerability of a vessel. The sufficiency of such extra security measures should be determined depending on vessel type, size, freeboard during transit and speed, with consulting and seeking advice of respective ITF union(s) where necessary.

During the period of transit/stay within this Warlike Area, seafarers shall be entitled to compensation amounting to 100% of the basic wage and a doubled compensation payable in case of death and disability. This entitlement should be payable for a minimum of 5 days upon the entry into the Area and further for each day of the vessel's actual stay in the Area.

In the case of vessels transiting the IBF Warlike Area, seafarers have the right not to proceed with the passage. In such an event, the seafarer concerned shall be repatriated at the company's cost with benefits accrued until date of return to the port of engagement and with the payment of 2 months' basic wage as compensation.

This Area excludes the Maritime Security Transit Corridor (MSTC) in the Red Sea established by Combined Maritime Forces (CMF). This corridor is patrolled by international naval forces and therefore recommended for a safe passage.

This designation is in force from 0001Z on 1 March 2018.

DESGATIO 2

"IBF Extended Risk Zone" - Gulf of Guinea including all ports, terminals and road anchorages and inland Wate

Angola/Namibia border The coordinates of this area run in a direct line from the Liberia/Ivory Coast border to 00'N 005W, to the

During a vessel's transit of this area, protection of seafarers through the provision of increased security measures should be adopted.Such measures must be above the latest Best Management Practice (BMP West Africa)level and may include the provision of personnel or systems which appropriately reduce the vulnerability of a vessel. The sufficiency of such extra security measures should be determined depending on vessel type, size, freeboard during transit and speed, with consulting and seeking advice of respective ITF union(s) where necessary.

The adoption of Best Management Practice is required as a minimum standard of protection.

During the period of transit of the Extended Risk Zone,each seafarer shall be entitled to a bonus equal to 100% of the basic wage and a doubled compensation in case of injury or death on any day during which the vessel they are serving on is attacked. The proof of these entitlements shall be subject to a confirmed entry into the ship's logbook and a report of attack being lodged with recognised international reporting authorities,such as MDAT-GoG. The maximum period when these entitlements may apply shall not exceed the number of days of the vessel's transit of the IBF Extended Risk Zone.For the purpose of this article an attack means any unauthorised and obvious action taken by a third party in a willful attempt to board or damage the vessel or to harm the crew which leads to the activation of the relevant vessel contingency plans including the alerting of the whole crew. Individual random attempts (whether successful or not) of unarmed boarding for the purpose of unauthorized sale, begging, minor stealth and etc. leading to no harm/damage to the crew and posing no threat to seafarers' lives, health and safety shall not count as 'attacks' for the purpose of this article.

A vessel will not be considered to be in the Extended Risk Zone, once berthed "all fast within the area.

This designation is in force from 0001Z on 1st January 2023

DESIGNATION 3: Warlike Operations Area -- Sea of Azov, north of latitude 46'N.

During a vessel's transit of this Area, the protection of seafarers through the ISPS Level 3 measure should be adopted, which may include the provision of personnel or systems which appropriately reduce the vulnerability of a vessel The sufficiency of such extra security measures should be determined depending on vessel type, size, freeboard during transit and speed, with consulting and seeking advice of respective ITF union(s) where necessary.

During the period of transit/stay within this Warlike Area, seafarers shall be entitled to compensation amounting to 100% of the basic wage and a doubled compensation payable in case of death and disability.This entitlement should be payable for a minimum of 5 days upon the entry into the Area and further for each day of the vessel's actual stay in the Area

In the case of vessels transiting the IBF Warlike Area, seafarers have the right not to proceed with the passage. In such an event, the seafarer concerned shall be repatriated at the company's cost with benefits accrued until date of return to the port of engagement and with the payment of 2 months' basic wage as compensation.

The designation is in effect from 1st March 2022 until 24th January 2023, unless extended by mutual consent

DESIGNATION 4: Warlike Operations Area - Northern Black Sea Region

This Warlike Operations Area runs from the Ukrainian/Romanian border to position4510'N 03100'E and to position 45 25'N 032 30'E

The entitlements are the same as those listed in Designation 3 above (IBF WOA Sea of Azov,north of latitude 46N)

The designation is in effect from 1st March 2022 until 24th January 2023, unless extended by mutual consent

DESIGNATION 5: Warlike Operations Area - all ports in Ukraine

This Warlike Area applies to all vessels, whether underway or not, including all vessels at anchor and berthed "all fast" within the Area The entitlements are the same as those listed in Designation 3 above (IBF WOA Sea of Azov,north of latitude 46N)

The designation is in effect from 1st March 2022 until 24th January 2023,unless extended by mutual consent

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