Ship registration is the process by which a ship is documented and given the nationality of the country to which the ship has been documented. The nationality allows a ship to travel internationally as it is proof of ownership of the vessel.[1]
International law requires that every ship be registered in a country, called its flag state.[2] A ship is subject to the law of its flag state.[1] It is usual to say that the ship sails under the flag of the country of registration.
A ship's flag state exercises regulatory control over the vessel and is required to inspect it regularly, certify the ship's equipment and crew, and issue safety and pollution prevention documents. The organization which actually registers the ship is known as its registry. Registries may be governmental or private agencies. In some cases, such as the United States' Alternative Compliance Program, the registry can assign a third party to administer inspections.[3]
A register that is open only to ships of its own nation is known as a traditional or national register. Registers that are open to foreign-owned ships are known as open registries and are sometimes called flags of convenience.
History
Ship registration has been done since business on the seas has been important. Originally meant to control ships carrying cargo in European seafaring countries,[1] it was used to make sure ships were being built in the local country, with crews predominantly of the local country.[4] Since then, ship registration has been used to document ships for ownership. Documentation provides definite evidence of nationality for international purposes and provides financing opportunities with the availability of preferred mortgages on documented vessels.[5]
Requirements for registration
Vessels that operate internationally or cross international borders are required to be registered. Some jurisdictions also require vessels that only operate in territorial waters to register on their national register, and some forbid foreign-flagged vessels from trading between ports within the country (a practice known as cabotage). The country of registration is a ship's flag state and determines its nationality as well as which country's laws govern its operation and the behavior of its crew.[1] A country will specify legal requirements for registration of a ship in its domestic laws, for example, in the UK, the Merchant Shipping Act 1995 details British law on entitlement for ship registration, including qualifications, pre-conditions and the machinery for registration.[6]
Each registry has its own rules as to the types of vessels that it will accept for registration. The Liberian Registry, for example, registers seagoing vessels of more than 500 net tons that conduct foreign trade. Vessels over the age of 20 require a waiver as well as the vessel's classification society being willing to issue statutory certificates to the vessel. Vessels 15 years or older must have a Status Report of the vessel's Special Survey to be reviewed by Marine Safety.[7] Registries charge a registration fee.
Link to flag state
There must be a "genuine link" between a vessel and its flag state. Article 5(1) of the Geneva Convention on the High Seas of 1958, which came into effect in 1962, requires that "the state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag."[8] There are 63 states party to that Convention. The principle was repeated in Article 91 of the United Nations Convention on the Law of the Sea of 1982 (UNCLOS), which came into effect in 1994.[2] That Convention has 167 parties.
In 1986, the United Nations Conference on Trade and Development attempted to solidify the genuine link concept in the United Nations Convention on Conditions for Registration of Ships.[9] The Convention on Conditions for Registration of Ships would require that a flag state be linked to its ships either by having an economic stake in the ownership of its ships or by providing mariners to crew the ships.[9] To come into force, the 1986 treaty requires 40 signatories whose combined tonnage exceeds 25% of the world total.[9] To date, only 14 countries have signed the treaty.[9]
National or closed registries typically require that a ship be owned by national interests, and at least partially crewed by its citizens. Open registries do not have such requirements; some offer on-line registration, and one guaranteed completion in less than a day.[10]
Unflagged vessels
Ships operated illegally, such as by pirates, or narco-submarines, are not normally registered by the operators (although a registered ship may be captured or used covertly for illegal purposes).
Neff, Robert (2007-04-20). "Flags That Hide the Dirty Truth". Asia Times. Asia Times Online. Archived from the original on 2007-04-27. Retrieved 2010-06-12.{{cite web}}: CS1 maint: unfit URL (link)
A Guide to Ship Registration(PDF). Wellington: Maritime New Zealand. September 2010 [2003]. Retrieved 2022-10-14. About the New Zealand Register of Ships
The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.
Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.
Freedom of the seas is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement.
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.
An aircraft registration is a code unique to a single aircraft, required by international convention to be marked on the exterior of every civil aircraft. The registration indicates the aircraft's country of registration, and functions much like an automobile license plate or a ship registration. This code must also appear in its Certificate of Registration, issued by the relevant civil aviation authority (CAA). An aircraft can only have one registration, in one jurisdiction, though it is changeable over the life of the aircraft.
Companies in the Republic of Liberia are regulated by a variety of laws. The corporate laws of Liberia were promulgated over 50 years ago to provide an offshore jurisdiction for ship owners and the international financial community. The LISCR has been appointed by the government of Liberia as its agent to manage corporate registry and to act as the sole entity for foreign companies registered in Liberia. The LISCR is headquartered in Dulles, Virginia, US and has an office located in Zurich, Switzerland.
Australian Maritime Safety Authority (AMSA) is an Australian statutory authority responsible for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations. The authority has jurisdiction over Australia's exclusive economic zone which covers an area of 11,000,000 square kilometres (4,200,000 sq mi). AMSA maintains Australia's shipping registries: the general and the international shipping registers.
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case.
A sea captain, ship's captain, captain, master, or shipmaster, is a high-grade licensed mariner who holds ultimate command and responsibility of a merchant vessel. The captain is responsible for the safe and efficient operation of the ship, including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance, and for the persons and cargo on board.
The Norwegian Ship Register is a domestic ship register for Norway. It is managed by the Norwegian Maritime Authority and is physically located in Bergen. The registry has about 12,000 ships, which include both commercial and non-commercial vessels. Ships exceeding 15 meters (49 ft) and mobile offshore installations must be registered, which smaller vessels are volunteer. The Norwegian Shipbuilding Register is a subordinate register.
The history of shipping in Cyprus traces back hundreds of years. Its geographical position at the crossroads of Europe, Asia and Africa as well as its proximity to the Suez Canal has historically favoured merchant shipping as an important industry for this European island state. As of 2005 Cyprus holds the 9th largest merchant navy in the world and the 3rd largest in the European Union.
United States Coast Guard activities Europe (ACTEUR) is a Coast Guard Marine Safety unit located in Schinnen, The Netherlands.
The subject of birth aboard aircraft and ships is one with a long history in public international law. The law on the subject is complex, because various states apply differing principles of nationality, namely jus soli and jus sanguinis, to varying degrees and with varying qualifications.
Net tonnage is a dimensionless index calculated from the total moulded volume of the ship's cargo spaces by using a mathematical formula. Defined in The International Convention on Tonnage Measurement of Ships that was adopted by the International Maritime Organization in 1969, the net tonnage replaced the earlier net register tonnage (NRT) which denoted the volume of the ship's revenue-earning spaces in "register tons", units of volume equal to 100 cubic feet (2.83 m3). Net tonnage is used to calculate the port duties and should not be taken as less than 30 per cent of the ship's gross tonnage.
The Foreign Ship Registry Act was a federal legislation that provided for the admission of foreign-built ships to the American registry.
The port of Hong Kong is a deep water port located in southern China. It is one of the hub ports serving the South-East and East Asia region, and is a gateway to mainland China. The city of Hong Kong began as a colony of the United Kingdom. It was a free port, and became an international trade center connecting land and sea transport between China and other countries. The port has mature infrastructure and well-developed air-sea-land transport. It helps Hong Kong maintain its position on international trade centre and transshipment hub.
Filipino seamen, also referred to as Filipino seafarers or Filipino sailors, are seamen, sailors, or seafarers from the Philippines. Although, in general, the term "Filipino seamen" may include personnel from the Philippine Navy or the Philippine Marine Corps, it specifically refers to overseas Filipinos who are "sea-based migrant Filipino workers".
Official numbers are ship identifier numbers assigned to merchant ships by their country of registration. Each country developed its own official numbering system, some on a national and some on a port-by-port basis, and the formats have sometimes changed over time. As an internationally recognized ship identifier, national official numbers have largely been superseded by the IMO number, though flag states still use national systems, which also cover those vessels not subject to the IMO regulations.
The MV Alam Pintar and FV Etoile des Ondes collision took place in the English Channel in 2009 and involved the Singapore bulk carrier Alam Pintar and the UK fishing vessel Etoile des Ondes. The fishing vessel sank and, although three of its four crew were rescued, one member, Chris Wadsworth, was never found. The bulk carrier continued on its passage although its crew knew of the collision and later made attempts to hide the fact of their knowledge. Three other vessels nearby did not respond to Etoiles' distress calls, even though these were also broadcast by the coastguards. The rescue was eventually carried out by the ferry MV Norman Voyager. The UK's Marine Accident Investigation Branch (MAIB) carried out a full investigation of the incident and issued a damning report. Safety recommendations were made but under maritime law national governments have no authority over foreign-flagged vessels more than 12 nautical miles (22 km) from their coasts. No country attempted any criminal prosecutions.
The MV Aquarius, formerly Aquarius Dignitus and Aquarius 2, is a 1977-built dual-flagged search and rescue vessel, which has been used to rescue refugees and migrants stranded in the Mediterranean Sea since 2016. It has been chartered and operated since February 2016 by the NGOs SOS Méditerranée and Médecins Sans Frontières as a rescue vessel for migrants and refugees making the Mediterranean crossing in makeshift craft from Libya to Italy as part of the European migrant crisis.
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