PHILIPPINES Law and Practice Contributed by: Valeriano Del Rosario, Daphne Ruby Grasparil, Patrick Sarmiento and Maria Francesca Bautista, VeraLaw
ing the obligation is manifestly beyond the par - ties’ contemplation. 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil MARINA is the body that monitors and enforces the IMO 2020 sulphur content limitation in fuel oil. It has been previously reported by MARINA that Philippine-flagged vessels that ply international routes are already compliant with IMO 2020. However, as regards vessels plying domestic waters, MARINA Memorandum Circular No SR 2020-06 gave these vessels until 1 January 2025 to comply with the 0.50% m/m fuel oil sulphur content, per IMO 2020. This Memorandum Cir - cular also provides for the penalty for using fuel oil with sulphur content above the limit. We are not aware of any proceedings before MARINA relating to the violation of the limit. 8.3 Trade Sanctions The Philippines has recognised international trade sanctions, but only those specific to anti- terrorism financing. The Philippines enacted Republic Act No 10168 specifically to make the financing of terrorism a crime against the Filipino people, against humanity and against the law of nations. The Philippines also follows the UN-mandated controls on export, transit and brokerage assis - tance of dual-use items related to proliferation of weapons of mass destruction. Republic Act No 10697, otherwise known as the “Strategic Trade Management Act”, was set in place to fulfil the Philippines’ international commitments and obligations, including those under United Nations Security Council Resolution (UNSCR) 1540 concerning the non-proliferation of weap - ons of mass destruction.
There are, however, no direct sanctions imposed by the Philippines against Russia. As a matter of fact, while not having any direct sanctions in place, the Philippines was adversely affected by trade sanctions on Russia imposed by the United Nations and other countries because it resulted in the replacement and repatriation of several Filipino seafarers. 8.4 International Conflict(s) Similar to the rest of the world, the Philippines has felt the negative impact of the Ukraine–Rus - sia war on the prices of fuel and commodities. The Philippine maritime labour sector was great - ly affected by the war in two ways. Consider - ing that the Philippines provides about 30% of the officers and crew on international ships, the ships that were trapped in the Black Sea employed numerous Filipino seafarers who had no easy way home. The Ukrainian seafarers were being repatriated to join the war, and the Russian seafarers were also affected by the sanctions imposed on the Russian government. These fac - tors created a short-term shortage of seafarers, and Filipinos were considered for replacement to respond to the shortage in marine personnel. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues The Philippines is one of the largest providers of seafarers and marine officers for international vessels. These seafarers make a substantial contribution to the Philippines’ economy. Prior to COVID-19, the Philippines deployed 507,730 seafarers internationally. During the pandemic, the number went down by almost 50%, but after the first year, the number steadily increased.
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