Panama: Circular on definitions of the occupational groups

The Panama Maritime Authority issued a merchant marine circular on the definitions of the occupational groups.

This Circular serves to inform users of the Panamanian Registry about the criteria for identifying "Seafarers" and "Ship-owners" under the Maritime Labour Convention, 2006, as amended (MLC, 2006, as amended) once it becomes effective.

The term "Seafarer" or "Seaman" encompasses any person, including the master, who is employed, engaged, or works in any capacity on board a ship.

If there are any uncertainties regarding a person's seafarer status, the Panama Maritime Authority will resolve the matter through consultation with relevant ship-owners organizations and concerned seafarers.

According to national regulations, the following individuals or categories are excluded from the definition of seafarers: port pilots, port workers, ship surveyors, superintendents, workers subject to the special working regime of the Panama Canal Authority, technical staff operating offshore drilling platforms or MODU (excluding those covered by the provisions of the amended 1978 STCW Convention), armed personnel, scientists, researchers, divers, cadets, specialist offshore technicians, and others whose work does not fall within the routine operation of the ship. Additionally, the Administration may designate other individuals or categories as non-seafarers.

National regulations also provide a definition for a Cadet as an aspiring merchant marine officer undergoing a training program focused on enhancing academic and professional skills, as well as developing attitudes and behaviors in strict compliance with rules, regulations, and existing orders.

A Ship-owner is defined as a natural or legal person who owns a ship or assumes operational responsibility, including managers, agents, or bareboat charterers. Regardless of any delegation to other organizations or individuals, ship-owners are obligated to fulfill the duties and responsibilities outlined in the amended Maritime Labour Convention 2006 (MLC, 2006, as amended).

The employment relationships on Panamanian-flagged vessels exclusively operating within interior waters, irrespective of patent type, are regulated by the provisions of Decree Law No. 8, issued on February 26, 1998, which governs work at sea and in navigable waterways.

If there are any uncertainties regarding the requirements for personnel categories not classified as seafarers, please contact your nearest Panamanian Merchant Marine Consulate. They adhere to the guidance provided by the respective Regional Seafarer Documentation Offices and the General Directorate of Seafarers.

This circular was issued on 1 April 2023.