Barbados – Policy on electronic SEAs, CBAs, and digital signatures

Notice to: Ship Owners / Managers/ Operators / Surveyors :

C24044 | 27 August 2024

This Circular is issued to advise that the Barbados Maritime Ship Registry has revised its Bulletin B007 – Maritime Labour Convention 2006 to include Electronic Seafarers’ Employment Agreements (SEAs), Collective Bargaining Agreements (CBAs), and digital signatures.

The Bulletin states that BMSR has no objection to the use of electronic documents (SEAs and CBAs) and digital signatures, provided that, in all cases:

• both parties are content to accept such electronic versions;
• the seafarer must have time to read and take advice on the SEA before boarding the vessel; and
• both sides must have agreed on it.

As there are no specific guidelines from either IMO or ILO, the BMSR has outlined the following based on the principles of FAL.5/Circ.39/Rev.2 and Corr. 1.

Signatures on SEA:

1. Every SEA must be signed by all contracting parties.
2. All contracting parties shall have a fully signed authentic copy for their perusal, which is therefore deemed original, and all parties must constantly be in possession thereof.
3. The relationship between the parties involved must provide for the definite legal link between the Seafarer and the Shipowner(s), based upon evidence for any involved lawful authorisation (e.g., representation, acting as agents, subcontractors, etc.
4. The use of digital signatures and electronic documents is deemed to meet the authenticity requirements and therefore permitted, under the following conditions:
   1. Security:
      There are appropriate security measures for digital signatures in place, which require the use of a certificate issued by a Qualified Trust Services Provider to establish the identity of the signer;
      
   2. Procedure:
      The procedure for the use of digital signatures and electronic documents shall be outlined in the company management system(s) as per ISM Code Chapter 11;
   3. Authenticity:
      Each digital signature shall be unique to one individual and shall not be reused by, or reassigned to, anyone else.
   4. Traceability:
      Any alteration of electronic documents and any application of any digital signature shall be traceable in terms of its extent and origination;
   5. Reference:
      Reference shall be made that the document has been digitally signed by (or for/on behalf of) the Shipowner(s) and or Seafarer(s) etc;
   6. Identification:
      Each electronic document shall have a unique tracking number (a string of numbers, letters, or symbols);
   7. Verification:
      Instructions for allowing third parties (PSCO/MLC Inspectors) to verify the information contained in the electronic documents and the authenticity of digital signatures and shall be available onboard the vessel. This means a reliable, secure, and continuously available process to confirm the authenticity and validity of an electronic document using the unique tracking number and other data contained on or embedded in the electronic document such as a digital signature.

Act now

Ship Owners, Managers, Operators, and Surveyors should take note of the above requirements where electronic documents and digital signatures are used.