Myanma Port Authority

License for the distribution and sale of Petroleum within the port limit

Information to be included for application

To distribute and sell petroleum within the port limits, the application for a license must be submitted to the Managing Director, along with a confirmation of compliance with the regulations.
Information about the vessel (Ship Particular) and the following Plans/ Drawings must be submitted;
General Arrangement Plan
Watertight and Deep-tank Bulkheads
Tank Plan၊ Capacity Plan
Manhole, Hatch and Hatch-closing Arrangement
Ventilation System on Weather Deck
Valve, Piping & Pumping Arrangement
Safety Plan
Fire-fighting & Life Saving Appliance Arrangement
Anchor & Mooring Arrangement
Navigation Signal Light & Communication Equipment
Vessel Crew List must be submitted.
A valid tanker license issued by the Department of Marine Administration, load line certificates, a tank test certificate, a test certificate for a pressure vessel, and the most recent survey report must be submitted.
A copy of the Myanmar Fire Department’s inspection regarding fire safety must be submitted.
Lists detailing workplace safety and fire prevention devices, and workplace health care, emergency response plans to mitigate fire hazards and environmental damage resulting from fire-facilitation methods and mechanical oil leaks shall be submitted.
Certificates from the relevant authorities for transportation and distribution of petroleum and fire prevention certificates must be submitted.
The copy of the brochure paid for the petroleum license shall be submitted to the Account Department, Myanmar Port Authority.
To comply with current regulations, it is necessary to submit suitable insurance arrangements to protect oil tankers.

Regulations regarding this license

A one-year license is permissible for the distribution and sale of petroleum within the port limit. When seeking an extension for a work permit, the application must be submitted one month prior to the expiration date. If the stipulated period elapses, operations must terminate immediately.
Those authorized to operate the business of distribution and sale of petroleum within the port limit will be paid200,000 MMK to Myanma Port Authority per year, as long as this license continues to exist.
If the extension of the license for the distribution and sale of petroleum within the port limit is not completed in a timely manner, a specified fine must be paid. Should the extension exceed 30 days from the specified date, a fine of 30,000 MMK will be incurred. If the extension exceeds 60 days, the fine will be 60,000 MMK. If it exceeds 90 days, the fine will be 90,000 MMK. Should the extension exceed 120 days, the penalty will be 150,000 MMK and the license permit will be terminated.
Other firms beyond those approved by the license to distribute and sell petroleum inside the port limits are not permitted to operate. Do not transfer this license to someone else.
Individuals authorized for business within port boundaries must strictly adhere to existing laws established by the Government, Ministry, regional or state government, and Myanma Port Authority. This includes compliance with regulations, orders, instructions, and published laws governing vessels, especially those carrying petroleum products.
Oil tankers that operate without a license inside the port limits will be penalized under Myanma Port Authority Law Sections 17(g), 19(a), 36(a), 78,83, 86, 90, and 91.
Dumping waste water, waste oil, old oil, or garbage from oil tankers into the river is strictly prohibited. If caught, a fine must be paid in line with Section (19)(a) of the Myanma Port Authority Law. Moreover, waste materials must be disposed of properly and the area must be cleaned. Furthermore, the vessel owner or the licensed Port Reception Facilities are responsible for ensuring that this waste is properly discharged so as not to harm the environment.
Due to an oil tanker accident within the port limit, stranding, and other factors, special precautions must be taken to minimize engine oil spillage and waste. If a spill occurs, the company licensee (or vessel owner/representative) is liable for its management.
In the event that the spill of oil and waste from a vessel cannot be effectively removed by the owner, the Myanma Port Authority will undertake the cleaning, and the associated expenses will be charged to the owner or representative of the ship. Furthermore, the license will be revoked, and legal action will be taken in accordance with existing laws.
The Myanma Port Authority is responsible for overseeing international oil tankers that traverse the port limit and terminals to ensure compliance with the International Safety Guide for Oil Tankers and Terminals (ISGOTT) as well as pertinent laws and regulations.
MARPOL73 / 78 ANNEX published by IMO (1) Regulations set to be followed to prevent Oil Pollution must be followed.
Vessels transporting petroleum products must only load and discharge certified petroleum in the designated location within the port limits.
During petroleum loading or unloading, it is required to hoist the “B” flag on the fore masthead during the day and ensure that a red light is illuminated at night. For berthed petroleum tankers, it is necessary to position guards on unmanned tankers and implement measures such as managing communication tools and lighting berthing signal lights.
All preparatory activities, such as welding and electric riveting, that may present a fire hazard on board, require approval from the Myanmar Port Authority. Smoking on or near the vessel where petroleum is stored, as well as conducting hot work and activities that may initiate fires, are strictly prohibited. It is imperative to abstain from using any materials that could potentially contribute to a fire hazard.
Oil tankers entering/exiting the port limit and loading oil to vessels berthed at the port require prior consent from the Myanma Port Authority.
Operations inside the port limits require Permit to Ply from Myanma Port Authority.
Within the port limits, only qualified professional pilots may drive petroleum boats.
The transportation of petroleum must comply with the current regulations outlined by the Ministry of Electricity and Energy. It is imperative to adhere to the prescribed procedures and guidelines.
Licenses, permits, and certificates of identification Documents (originals) must be maintained and ready on the vessel for inspection at any time as needed.
Valve, Pipeline, Flexible Hose, Connection Petroleum supply and distribution fittings must be pressure-rated. It is necessary to take precautions to prevent leaks.
In the event of a fire or any other emergency, it is essential to have proper arrangements in place to ensure that employees can safely evacuate the premises at any time.
In the event of damage caused by a fire or explosion resulting from a vessel failure, the individual designated as the “person who has the right to operate” will bear responsibility for covering all associated damages.
Myanma Port Authority (headquarters) will issue licenses for the distribution and sale of petroleum within the port’s limit according to the type/ level of the vessel.
24. The person authorized to work must strictly follow the terms and conditions of the said work as long as the Myanma Port Authority does not receive a different permission in writing. Failure to comply will result in the termination of license.

License for Port Reception Facilities

Information to be included for application

The following information and plans/drawings related to the Port Reception Facility shall be submitted:

(a) Type of waste to be received

(b) Refinement methodology and standardization

An Emergency Plan designed to prevent environmental damage
Permission from the Environmental Conservation Department or relevant departments
Acceptable types and rates of waste
Company registration certificate
Tax Clearance Certificate

Regulations regarding this license

The business license for receiving and storing waste from ships within the port boundaries is only allowed for one (1) year. When applying for work permit extension, you must apply one (one) month before the expiration date.
The person who has the right to work must stop working immediately after the term of the right to work has expired.
If there is a change in the type and rate of waste that can be received and cleared, prior approval must be obtained.
It shall adhere in line with standardizations of international maritime organization and maritime organizations.
The list of waste received and cleared from ships must be submitted to the Myanma Port Authority every month.
Under this business license, there is no right to do business other than the business permitted and do not transfer it to another.

7.A person who has the right to do business is the state, Minister of the Union. Existing laws promulgated by the regional/state government and the Myanmar Port Authority; rules, directives, and instructions; the regulations must be strictly followed.

As long as the Myanmar Port Authority does not issue explicit approval to the contrary, the aforementioned firm must rigorously adhere to the given terms and conditions. If you fail to follow the guidelines, your business license will be revoked.
In transportation, maintaining and cleaning of waste materials, it shall be adhered the procedure, rules and regulation, order, advertisement and instructions which had been issued by the Ministry of Natural Resources and Environmental Conservation, in accordance with existing laws.
If any dispute arises, it shall be resolved by both parties through peaceful means. If this cannot be resolved, Myanma Port Authority, the decision of managing director is final and it must be followed by the two disputing parties.

Inland Container Depot (ICD) License

The application requires the following information to be included:

The letter of application (or) extension from the relevant port terminal
The dimensions and floor space of the port terminal and the area designated for storing the empty container
Location map or Conceptual Plan of the Yard Area to store the empty containers in the terminal (To provide more information about Container Truck entry/exit lane, cargo handling equipment and vehicle lane, Gatehouse, boundary wall (fence), office building, and maintenance workshop.)
Number of TEU to indicate the empty containers to be stored and TGS to describe the storage model in terms of Total Ground Slots
Other services related to storing empty containers are described in addition to the storage services (eg. Container Clearing Services, Container Repair Facilities, etc..)
The list and certificates of laborers are required to be provided if the aforementioned related services are included.
The rate of service fees for empty container services needs to be provided.
List of available cargo handling equipment to handle empty containers. (Please provide details regarding the type, capacity, and quantity.)
The description of the electrical appliances list and the Electrical Diagram for the Yard Lighting, Security Lighting System, and Sub-station, along with the necessary electrical inspection (EI).
The installed Location Tracking System is intended to facilitate the efficient storage and retrieval of empty containers.
List of operators for cargo handling equipment and vehicle mechanisms, along with their respective gang numbers, names, NRC numbers, father’s names, and expertise certificates.
The training curriculum encompasses handling equipment and automobile driving
Curriculum for Ensuring Worker Safety
Port Operator License Copy
A copy of the ICD License Fees has been thoughtfully submitted to the Account Department of the Myanmar Harbor Authority.

Regulations regarding this license

The empty container shall be stored in accordance with the specified quantity and within the prescribed storage parameters, ensuring it does not exceed the defined criteria.

The utilization right to store empty containers should be used by storing them within the related port terminals.
The ICD license is allowed for one year
The authorized ICD licensed operator must pay USD 1,500 per year to the Myanma Port Authority as long as this certificate is valid, according to the directives dated July 25, 2013, LT/1242/20.
If the license has expired, the service should be suspended immediately.
Since this ICD-authorized licensed operator terminated the services and cannot be transferred to the ownership of the license, whether it is discontinued or not, as previously stated, it must be presumed that this license has been discontinued.
It must be carried out in accordance with the Ministry of Labor’s Port Workers Act and the Workers’ Employment Inspection Act.
If the Authorized licensed operators violate any of the above regulations, the Myanma Port Authority reserves the right to suspend or cancel at any time, or the operator(s) must cancel immediately on their own terms.
Weekly and monthly reports in standardized format must be submitted for empty container storage services if the Myanma PortAuthority requests it.
It is necessary to follow the Myanma Port Authority inspection officers’ recommendations on empty container storage and workplace safety on a regular basis.
Compensation for injuries, mutilation, and death of licensed organization employees must be unrelated to the Myanmar Harbor Authority.
To apply for a license extension, you must apply at least one month before the expiration date.
If the license is not renewed in time, it will be punished for exceeding 100,000 MMK within 30 days (one month), 200,000 MMK for more than 30 days, 300,000 MMK in 60 days (two months), 1,000,000 MMK in 90 days (three months), and more than 120 days (four months), it will be permanently canceled.
It shall be followed by the designated forms (91) for receiving and (102) for storing and issuing empty containers from the Shipping Agency Department of the Myanma Port Authority.
A Location tracking system for smooth flow of receiving and issuing empty containers, a CCTV surveillance system, and high mast lighting and security lights must all be properly placed.
When the maximum capacity of 80% of the number of empty containers is reached, a contingency plan must be developed.
The criteria must be met using a computer system that is compatible with the Myanmar Port Authority’s Port EDI System.
Activities such as receiving, storing, and reissuing empty containers must be scheduled to ensure 24-hour service.
The public road and lane near the port terminal must be adequately managed to avoid traffic congestion caused by container trucks arriving and departing the port terminal.
The guidelines periodically promulgated by Myanma Port Authority on the storing of empty containers must be properly followed.
If the private port terminals offering ICD services are not licensed, they will be penalized under Sections 83 and 90 of the Myanmar Port Authority Law.

Port Operation License (International)

It must be applied after the construction of accomplished and ongoing international wharf which is located inside and outside the port limit areas, has been completed.

License Fee

Terms of the license shall be 5 years.

License fee shall be US $ 20,000 for the international wharf.

Required Documents

(1) Detailed Design Drawing of wharf ၊ Design Life and Sounding Chart in front of the wharf.

(2) Certificate for STATEMENT OF COMPLIANCE OF PORT FACILITY issued by the Department of Marine Administration (if an international wharf)

(3) Port Security Facilities Plan and Oil Spill Contingency Plan if it shall be wharf for loading/unloading of the oil.

(4) Operation Plan on the basis of wharf length, width, set-up machinery and cargo handling equipment list.

(5) Detailed information, performance and capacity of cargo handling equipment (attached with country of origin)

(6) Quantity of loading capacity according to categories (general cargo, container, other) and type of operation.

(7) System of port business model (B.O.T/ J.V/ own land) and its term.

Steps to apply

Step(1) – After the construction process, port operation license application shall be submitted to Myanma Port Authority with the required documents as mentioned above, for the port facility.

Step(2) – Myanma Port Authority shall conduct inspection to check whether the applications are conformed with regarded procedures.

Step(3) – If in-accordance with the said procedures, respective port shall pay port license fee to the Accountant Section, Myanma Port Authority, and then, the port operation license shall be issued to the applicants.

Port Operation License (Coastal / Domestic)

It must be applied after the constructions of accomplished and ongoing coastal terminal/ jetty, which located inside the port limit areas, have been completed.

Service Fee

Terms of license shall be 5 years.

License fee shall be MMK 5,000,000 kyats for the coastal terminal/ jetty.

Required Documents

(1) Detailed design drawing of terminal/ jetty ၊ Design Life and sounding chart in front of the terminal/ jetty.

(2) Operation Plan based on the terminal/ jetty length, width, set-up machinery and cargo handling equipment list.

(3) Detailed information, performance and capacity of cargo handling equipment (attached with country of origin)

(4) Quantity of loading capacity according to categories (general cargo, container, other) and type of operation.

(5) System of port business model (B.O.T/ J.V/ own land) and its term.

Steps to apply

Step(1) – After the construction process, port operation license application shall be submitted to Myanma Port Authority with the required documents as mentioned above, for the port facility.

Step(2) – Myanma Port Authority shall conduct inspection to check whether the applications are conformed with regarded procedures.

Issuance of permit to ply within port area

Permit to ply shall be issued with the purpose of ensuring waterway safety, and for systematic transport without restraint. Any ship shall be allowed to pass within the port area if there’s permit to ply issued by Myanmar Port Authority.

How to apply

For Gearless Carriers and Inland Vessels

Applicants who require permit to ply within port area must apply for temporary permit first.

Upon the expiry of the temporary permit after a period of one year, the permit to ply within the port area (for one year) will be issued

For Geared Carriers under 20 hp

Permit to ply within port area will be issued only after carrier license has already been registered by General Administrative Department of respective Township.

Fee

– Gearless Carriers and Inland Vessels – 8500 . 00 MMK

– one-ton weighed Geared Carriers under 20 hp – 34 . 000 MMK

Required Documents

Owner or representative

National ID Card and Housing Census (genuine/copy) – (1) pair

Passport Photo – (3) photos

Vessels Photo (front, back, side(left/right)) – (4) photos

Vessels structure (Drawing plan) – (1) photo

Shipyard recommendation – (1) pair

Service license issued by Central Supervising Body of Myanmar Inshore and Inland Water Transport – (1) pair

Petroleum Distribution License in port area