
DMW Urges Shipowners, Manning Agencies to Steer Clear of ‘High-Risk’ Areas
We would like to notify our members employing Filipino seafarers on board their vessels about the Department of Migrant Workers (DMW) Advisory No. 21, Series of 2025, dated 10 July 2025 on Manning agents and Shipowners’ obligations sailing in warlike and high-risk areas, especially in the Red Sea and the Gulf of Aden.
Please find below an explanatory update issued by our correspondents in Manila, Messrs Del Rosario on the contents of the above-mentioned Advisory.
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DMW issues advisory on the urgent re-routing of ships with Filipino crew in warlike and high-risk areas, right to refuse sailing and the appointment of Seafarers’ Welfare and Crisis Management Officer.
In response to recent armed attacks in the Red Sea and Gulf of Aden on ships manned by Filipino seafarers, the Department of Migrant Workers (DMW) issued Advisory No. 21, Series of 2025, dated 10 July 2025, reiterated its previous directives, and issued the following:
Ship Rerouting and Compliance with Existing Orders
All licensed manning agencies (LMAs) and their principals/shipowners must reroute or divert their ships manned by Filipino seafarers away from ITF/IBF-designated warlike and high-risk zones, particularly the Red Sea and the Gulf of Aden.
LMAs and foreign principals are reminded to strictly adhere to:
- Department Order No. 01, Series of 2024 which refers to the Guidelines on the Observance of the ITF/IBF High-Risk and War-Like Zone and Implementation of the Right to Refuse Sailing of Seafarers
- Department Order No. 02, Series of 2024 which refers to the Prohibition for Filipino Seafarers On-Board Passenger/Cruise Ships to Sail in the Red Sea and the Gulf of Aden
- Department Order No. 03, Series of 2024 which refers to Prohibition Against Deployment of Filipino Seafarers On-Board Ships Which Traversed Through the ITF/IBF Designated Warlike and High-Risk Zones and Have Been Attacked and
- DMW Advisory No. 16, Series of 2025 on the Amended List of IBF Warlike and high-Risk Areas.
Right to Refuse Sailing and Repatriation.
LMAs and principals must honour the right of Filipino seafarers to refuse sailing in the warlike and high-risk areas. Immediate and safe repatriation must be arranged for those invoking this right.
Mandatory Reporting
LMAs and principals must report to the Sea based Accreditation Bureau of the DMW (sbhighrisks@dmw.gov.ph) the names of principals/employers who have diverted their ships to safer routes, names of Filipino seafarers who refused to sail and names of Filipino seafarers who voluntarily continued with the voyage after being informed of the risks and their rights.
Prohibition on Deployment to Previously Attacked Ships
LMAs and principals are strictly prohibited from deploying Filipino seafarers to any ship that:
- was previously subjected to an attack
- is traversing or intends to traverse the same ITF/IBF designated warlike and high-risk zones
- has been targeted by Houthi rebel forces and/or other armed groups.
This prohibition applies regardless of whether the incident occurred in the past, is ongoing or is foreseeable in the designated zones.
Appointment of Seafarers’ Welfare and Crisis Management Officer (SWACO)
All LMAs must appoint a Seafarers’ Welfare and Crisis Management Officer (SWACO) to: coordinate with the proper authorities during maritime crises, monitor critical incidents and ensure timely corrective measures and accurate reporting to the DMW, assist in the conduct of incident investigations, ensure compliance with maritime safety and security regulations and company protocols and lead the safety and crisis-awareness training programs of seafarers.
The credential of the appointed SWACO must be submitted to the Sea based Accreditation Bureau and Licensing Regulation Bureau of the DMW within 5 days or up to 15 July 2025.
We recommend strict compliance with the above directives as violations may result in the suspension or cancellation of licenses and other penalties under the law.
For full advisory, click on link below.
DMW Advisory No. 21 Series of 2025 – High risk/war risk area
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Further, please find below a more extensive advice received by Messrs Del Rosario to our enquiry on the potential liabilities and other implications that may arise for shipowners and manning agents in the event of violations of the relevant directives.
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Legal Penalties
Under the Sea based Rules, the penalties are:
- fines and/or
- suspension or
- cancellation
These equally apply to violations of the Advisories / Orders. In cases of similar attacks or security crisis, DMW may place the local manning agency under immediate preventive suspension. This means that while under investigation, the local manning agency cannot process employment contracts, including those already pending, and cannot deploy onboard Filipino seafarers.
After investigation, the final penalties that may be imposed is suspension or cancellation of license. Serious effects thereof include immediate suspension or termination of all activities of the local manning agents.
Similarly, pending investigation, shipowners may be automatically disqualified (delisted/blacklisted from DMW list) unless cleared by the DMW or the penalty imposed is lifted.
Measures in place based on DMW Issuances:
Following the issuance of DMW Advisory No. 21, Series of 2025 due to recent armed attacks of 2 vessels in the Red Sea and Gulf of Aden, shipowners must reroute or divert their vessels manned by Filipino seafarers.
However, if the vessels are passing through the Red Sea, the Gulf of Aden, and surrounding areas/waters, DMW has issued the following guidelines for strict and faithful observance:
- Report to DMW within 24 hours from knowledge of the scheduled passage measure to reroute the voyage and the reasons for failure to successfully divert.
- Adherence to established security protocols and on-board safety drills and measures.
- Provide the mandated additional compensation and security measures for Filipino seafarers who have agreed to continue with the voyage in said areas.
- Afford all Filipino seafarers on-board ample time, opportunity, and means to signify their intent to either continue with the voyage or refuse to join the ship in its scheduled passage in said areas/zones.
- Report the scheduled passage of ships and those Filipino seafarers on-board in the said areas/zones as a significant event in the OFW Welfare Monitoring System (OWMS) upon their deployment or knowledge of such scheduled passage.
- Consider the provision of additional compensation/bonuses and security measures (maritime security escorts and/or security personnel on-board) on top of those mandated.
- Shipowners, through their local manning agent, must report within 24 hours the list of those Filipino seafarers on-board who decided to continue their voyage to DMW-Sea based Accreditation Bureau and OFW Welfare Monitoring System (OWMS), furnishing the latter copy of the Confirmation of Continued Voyage Onboard.
Moreover, the shipowners and local manning agents shall ensure the proper implementation of the decision of seafarers to invoke their “Right to Refuse Sailing”. They shall ensure that matters relative to current ITF/IBF declared High-Risk and Warlike Zones have been explained to the seafarers prior to their deployment. They shall provide Filipino seafarers on-board with the means to make informed decisions by informing them of the scheduled passage of the ship to the identified areas/zones and their rights and entitlements should they consent to continue with their voyage. They shall ensure the immediate and safe repatriation of seafarers who will invoke their right to refuse sailing in said areas/zones. They shall allow seafarers to freely decide to refuse sailing. They shall provide seafarers with the Confirmation of Refusal to Traverse the Red Sea to formalize their intent not to join the voyage. They shall inform seafarers that they may access said Confirmation Form through the official website of the DMW. They shall ensure seafarers will be able to freely submit said Confirmation Form directly to the DMW, copy furnished the local manning agency and the principal/employer. And, they shall report within 24 hours to the DMW-Sea based Accreditation Bureau the decision of the seafarer to not join the voyage, together with the accomplished Confirmation Form and updates relative to their repatriation.
And in the most recent advisory, DMW now requires every manning agent a Seafarer’s Welfare and Crisis Management Officer (SWACO) to be the designated focal person in cases of attacks.
Legal Obligations:
Under the DMW issuance (which echoes the IBF List), the Filipino seafarers are entitled to –
Applicable benefits for seafarers include:
- Bonus equal to basic wage, payable for 5 days minimum + per day if longer;
- Doubled compensation for death and disability;
- Right to refuse sailing, with repatriation at company’s cost and compensation equal to 2 month’s basic wage.
- Mandatory requirement to increase security arrangements equivalent to ISPS Level 3; and
DR Comments:
Based on the DMW issuances, there seems to be no absolute prohibition to pass through Red Sea/Gulf of Aden at this time (except for passenger ships). However, as mentioned above, there are very burdensome reporting, consent and reportorial requirements for shipowners who will do so.
Further, Filipino seafarers have absolute right to say NO. Even if they have given their consent, they can always change their minds and shipowners are obliged to send them home.
The passage in the Red Sea/Gulf of Aden is strongly discouraged. It is expected that the regulators will still point to the shipowners/principal/local manning agent and the legal liability would still attach even if there is full compliance should there be any untoward incident. For practical purposes, it would seem that shipowners with Filipino seafarers onboard should review option to reroute or divert their vessels.
This is a developing matter and we will provide further guidance should the DMW make clarificatory issuances on subject.
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Correspondent’s Contact details:
DEL ROSARIO PANDIPHIL Inc.
Office Address
14th Floor, Del Rosario Law Centre
21st Drive corner 20th Drive
Bonifacio Global City
1630 Taguig, Metro Manila
Telephone
+63 2 5317 7888; +63 2 8810 1791
Fax
+63 2 5317 7890
24/7 Mobile
+63 917 830 8384
Email
mail@delrosariolaw.com
mail@delrosario-pandiphil.com
The Swedish Club publishes member alerts as a service to members. While the information is believed correct, the Club or the Correspondent cannot assume responsibility for completeness or accuracy.