Penalties for Submitting Fake Requirements in MISMO

by | Last updated Nov 24, 2023 | Training and Certification | 0 comments

Today, processing your Certificate of Proficiency and Competency (COP/ COC) is easy. You only need to complete the requirements in your MISMO account. Everything is done online.

If you compare it to more than seven years ago, everything in MARINA was a disaster. 

Imagine waiting for more than fifteen days just to get your COP! Many resorted to approaching “fixers” as this was the fastest and smoothest lane.

We didn’t like it and we all know that was history.

But despite the improvements, there are still a few seafarers who want to do it their way. They want to hack the system and submit falsified documents to speed up their application.

Don’t be that kind of person. It could get you into a lot of trouble.

Your dreams of becoming a Captain or Chief Engineer could go down the drain in an instant.

Why would someone falsify their requirements?

The obvious reason for this is that it’s quicker to get your COP or COC that way. This is a form of shortcut. However, we all know what happens if we do shortcuts like when we’re working on board.

Another reason could be frustration.

The applicant may have been trying really hard to submit the requirements but kept getting rejected. Hence, the temptation to submit false documents.

Or maybe someone successfully did it and inspired another applicant to do the same.

Lastly, he doesn’t have the sea service or other requirements and his company is pushing him to get the COP. Otherwise, he might miss the boat!

Whatever the reason, falsifying your way to success is not worth it. In many cases, the end doesn’t justify the means.

Here are punishments and penalties if the Maritime Industry Authority (MARINA) caught you doing one.

COP and COC applicants in MARINA before the online application and processing of those documents came into force.
There has been a drastic decrease in seafarers falling in line in the MARINA Office after they introduced printing the COP instead of claiming it in MARINA. Image Source: MARINA

PENALTY CLAUSE

The penalty is in accordance with Article XV of MARINA Memorandum Circular No. SC. 2021-04 Series of 2021.

Engaging in any act/s of misrepresentation for the purpose of securing a Certificate of Proficiency (COP) shall be meted with the following fines and penalties.

Such acts include but are not limited to the giving of false testimonies or falsified documents, or the use, submission, or presentation of falsified, fraudulent, or tampered documents.

1. Ratings (Support level)

  • First Violation- P50,000.00 and disqualification to Apply for Certificate of Proficiency (COP) for three (3) months. Penalty starts from the receipt of the decision/ order or resolution.
  • Second Violation– P100,000.00 and disqualification to Apply for Certificate of Proficiency (COP) for six (6) months. Penalty starts from the receipt of the decision/order or resolution.
  • Third Violation- Perpetual disqualification to apply for Certificate of Proficiency (COP). This signals the end of your career. You will be banned from applying for COP for life!

2. Officers

  • First Violation– P100,000.00 and disqualification to Apply for Certificate of Proficiency (COP) for three (3) months. Penalty starts from the receipt of the decision/order or resolution.
  • Second Violation- 200,000.00 and disqualification to Apply for Certificate of Proficiency (COP) for six (6) months. Penalty starts from the receipt of the decision/order or resolution.
  • Third Violation- Perpetual disqualification to apply for Certificate of Proficiency (COP). This means the end of your career. You will be banned from applying for COP for life!

Actually, the penalty for officers and ratings are similar. They differ only in the amount of fines to be paid.

3. Liaison Officers (LOs)

Liaison Officers are company employees who process COP or COC on behalf of the seafarers.

LOs shall be penalized with the following for submission of spurious/ tampered and/ or unauthorized documents.

  • First Violation– P50,000 and suspension for six (6) months of Certificate of Accreditation. Penalty starts from the receipt of the decision/order or resolution.
  • Second Violation– P100,000 and revocation of and perpetual disqualification to apply for Certificate of Accreditation. Penalty starts from the receipt of the decision/order or resolution.

4. Manning Agencies

Manning agencies shall be penalized for submission of false statements or misrepresentations, fraudulent, spurious, or tampered licenses, documents, and/or certificates.

They shall also be held liable if any of their accredited LOs have consented or participated in the tampering/ misrepresentation. This includes securing the questioned licenses, documents, and/ or certificates from any source.

  • First violation – P500,000 and suspension of the Certificate of Accreditation for one (1) year from the receipt of the decision/order or resolution.
  • Second violation – P1,000,000 and revocation of and perpetual disqualification to apply for the Certificate of Accreditation. Penalty starts from the receipt of the decision/order or resolution.

5. Maritime Training Institutions and Accredited Centers

MTIs and ACs shall encode certain documents to MISMO in order to streamline the system. This is why seafarers no longer need to submit TCROA and medical certificates to MISMO.

Thus, MARINA shall penalize MTIs or training centers and ACs for encoding false information into the MISMO System required in the processing of Certificate of Proficiency and/or Certificate of Competency

  • First Violation – P500,000.00 fine and suspension of Certificate of Accreditation involving the training course/ assessment applied for the COP for one (1) year from the receipt of the decision/ order or resolution.
  • Second Violation – P1,000,000.00 fine and revocation of and perpetual disqualification to apply for Accreditation involving the training course/assessment applied for COP from the receipt of the decision/ order or resolution.

The commission of the above violation is without prejudice to any civil and/or criminal liability that may be imposed under applicable laws.

Sample COP Basic Training (BT)

Grounds for Suspension/ Revocation of COP and COC

This is in accordance with Article XIII of MARINA Memorandum Circular No. SC. 2021-04 Series of 2021.

The COP may be suspended or revoked by the Administration, after due process, for any of the following grounds:

1) Declaration by a competent medical practitioner of permanent disability to be engaged onboard and receipt of payment for such disability. If the certificate of the concerned seafarer is still valid, the same shall be deemed revoked.

2) Falsification of seafarer’s certificates.

3) Final conviction of a crime involving moral turpitude; and

4) Any act of misrepresentation for the purpose of securing COP such as giving false testimonies or falsified documents.

The holder of a COP that is suspended or revoked shall promptly surrender it as directed by the Administration. Any suspended or revoked COP will not be reinstated.

The seafarer may apply for a new COP when he/she has been issued legal clearance by the Administration.

Do you think it’s worth a try to falsify documents relating to the issuance of COP and COC?

May the winds be in your favor

Gibi

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