REGISTRATION OF SHIPS

Own a ship

A SHIP CAN BE OWNED BY;a)New building (Builder’s

certificate)b)Transfer ( Bill of Sale)c)Transmission ( Declaration of

Transmission & supporting documents)

What Ship’s need to Register?

Requirement of ships to be registered depending on Flag State Regulation but basically based on

a) if it is 24 metres and over in tonnage length

b) its purpose is to earn income by way of cargo,

c) passengers or other services.d) if it is engaged on International

voyage

What are the practical purposes of registering a ship?

(1)To enable the ship to trade internationally;

(2) to facilitate easier sale and purchase of the ship;

(3) to facilitate ship finance (mortgages may not be obtainable for unregistered ships).

What is required to Register a Ship?

Declaration of OwnershipIMO Number The seven digit

number assigned by Lloyd’s to commercial or trading ships. (constant throughout its operating life)

Hull Identification Number (HIN)Call sign of ship’s main radio

station-The application should be accompanied by the Ship Station licence.

Proposed Ship’s Name - Names that may not be approved

are: names that are the same as or similar to names of registered ships or of ships about to be registered,

-blasphemous or otherwise offensive names

Eligibility to own a vesselBill of Sale and Acceptance of Sale

Builder's Certificate and Acceptance of Delivery from the Shipowner (for new construction vessels).

Deletion Certificate from the previous Registry and Latest CSR (not required for new ships)

What is an 'IMO Number'?

The IMO number is a unique identifier for ships and for registered ship management companies. For ships, it consists of the three letters "IMO" followed by the seven-digit number assigned to all ships by IHS Fairplay when constructed. 

IMO number remains unchanged throughout its operating life regardless of Change of Ownership, Change of Flag or Transfer of Class.

IHS Fairplay, previously Lloyd's Register - Fairplay, is the originating source for the IMO Ship Number and is the sole authority with responsibility for assigning and validating these numbers on behalf of the IMO.

It is aimed at enhancing "maritime safety, and pollution prevention and to facilitate the prevention of maritime fraud". It aimed at assigning a permanent number to each ship for identification purposes. That number would remain unchanged upon transfer of the ship to other flag(s) and would be inserted in the ship's certificates. 

Company and Registered Owner Identification

Number

Every Company and Registered owner shall be provided with an Identification number which conforms to the IMO Unique Company and Registered Owner Identification Scheme adopted by the Organization.It consists of the three letters "IMO" followed by the seven-digit number

IMO unique company and registered identification number to be inserted in International Management Code (the SM Code) documents (DOC/SMC) and International ship and Port Facility Security (ISPS) Code (ISSC, CSR, SSP etc)

Information required for Registration

Ship’s NamePrincipal DimensionsGT/NTCall Sign, IMO numberPlace and Year of BuildName of BuildersNumber of decks, masts and funnels.

Type of service of the vessel.

Makers, type, KW, number of Engine, Generators and Boilers

Shipowner’s particulars ( number of shares) and address

Permanent markings 5.Section 17 of the Myanmar Registration

of Ships Act shall be substituted as follows:- 

17 .(a) Every ship shall, before registry, be marked permanently and conspicuously to the satisfaction of the registering-officer as follows:- 

( 1) its name shall be marked on each of its bows, and its name and the name of its port of registry shall be marked on its stem, on a dark ground in white or yellow letters or on a light ground in black letters, such letters to be of a length not less than one decimeter and of proportionate breadth; 

(2) its official number and NT shall be cut in on its main beam; and 

(3) a scale of decimeters, or of meters and decimeters, denoting its draught of water shall be marked on each side of its stern and of its stern post:- 

(i) in figures at two-decimeter intervals, if the scale is in decimeters; 

(ii) in figures at each meter interval and at intervening two-decimeter intervals. if the scale is in meters and decimeters; and 

(iii) the capital letter "M" being placed after each meter figure; the top figure of the scale showing both the meter and ( except where it marks a full meter interval) the .decimeter figure; the lower line .of figures, or figures and letters ( as the case may be ), coinciding with the draught line denoted thereby. the figures and letters being not less than one decimeter in length and being marked by being cut in and painted white or yellow on a dark ground. or in such other way as the Director-General of the Department of Marine Administration may approve. 

Carving Note

a document filled in by owner of a ship under construction giving ship's name,tonnage, official number, port of registry, etc. and signed by surveyor certifying that the ship particulars have been 'carved' on board

International law requires that every merchant ship be registered in a country, called its flag state.

 

A registry that is open only to ships of its own nation is known as a traditional or national or closed registry

Registries that are open to foreign-owned ships are known as open registries, and some of these are classified as flags of convenience.

there must be a "genuine link" between a ship's owners and its flag state

United Nations Convention on the Law of the Sea  required that "the state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

United Nations Convention for Registration of Ships. The Convention 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.

The flag State must demonstrate its connection with the ships – the genuine link – by exercising effective jurisdiction and control in administrative, technical and social matters over ships flying its flag.

Flag of convenience

The term flag of convenience describes the business practice of registering a merchant ship in a sovereign state different from that of the ship's owners, and flying that state's civil ensign on the ship. Ships are registered under flags of convenience to reduce operating costs or avoid the regulations of the owner's country.

Dual Registration of a Vessel

Although prohibited as a general rule Foreign registered vessels may obtain parallel or dual registration at some Flag State as a second Registry under the terms of a bareboat charter party provided that the First Registry grants its consent in writing.  Upon submission of an authenticated copy of the bareboat charter party, the consent from the First Registry and the corresponding fees, navigation and ship station licenses valid for up to two years will be issued. 

The duties of Flag State laid down under Article 94 UNCLOS 1982 :

Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a)maintain a register of ships

(b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.

3. to ensure safety at sea with regards, inter alia, to : (a)the construction, equipment and

seaworthiness of ships;

(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;

(c) the use of signals, the maintenance of communications and the prevention of collisions.

4. Such measures shall include those necessary to ensure :

(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship

(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;

(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea (SOLAS), the prevention of collisions (COLREG), the prevention, reduction and control of marine pollution (MARPOL), and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation. (PORT STATE CONTROL)

7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.”

UNCLOSThe United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982.

The Law of the Sea Convention defines the rights and responsibilities of nations;

in their use of the world's oceans establishing guidelines for businesses, the environment

the management of marine natural resources.

The Convention, concluded in 1982, replaced four 1958treaties.

UNCLOS came into force in 1994.

To date, 162 countries and the European Community have joined in the Convention.

UN has no direct operational role in the implementation of the Convention.

There is, however, a role played by organizations such as the  International Maritime Organization International Whaling Commission International Seabed Authority 

What is Certificate of Registry

A certificate of Registry is issued by Registrar of a Marine Administration stating the identity of a ship as recorded in the Register and provides evidence of title to ownership

Provisional Certificate of Registry

Provisional Certificate of Registry is the name given to the initial navigational document issued by Marine Administration of a Flag State to a vessel that is either a new-building, or is being transferred from another registry. An unexpired Provisional Certificate of Registry has the same validity and legal standing as a Permanent Certificate of Registry, and is prima facie evidence that the vessel to which it has been issued is duly registered. 

A Permanent Certificate of Registry, is the navigational document issued by the Marine Administration of a Flag State to a vessel that has previously received a Provisional Certificate of Registry, and that now has fulfilled all of the additional requirements. A valid Permanent Certificate of Registry constitutes prima facie authority that the vessel is registered under the laws of the Flag State.

TonnageThe International Convention on Tonnage Measurement of Ships, 1969 was adopted by IMO in 1969. The Convention mandated a transition from the former measurements of net register tons (nrt) and gross register tons (grt) to net tons (NT) and gross tons (GT)

One of the Convention's goals was to ensure that the new units "did not differ too greatly" from the traditional GRT and NRT units

Both NT and GT are obtained by measuring ship's volume and then applying a mathematical formula. Net tonnage is based on "the moulded volume of all cargo spaces of the ship“ where gross tonnage is based on "the moulded volume of all enclosed spaces of the ship". In addition, a ship's net tonnage is constrained to be no less than 30% of her gross tonnage.

Gross tonnage represents vessel sizeNet tonnage represents vessel’s Earning Capacity

Closure of Registration

The Flag State ‘s Shipping Registration Act may requires ship's owner to notify the Registrar of Ships immediately if a ship ceases to be entitled to be registered or if the ship is lost, broken up or taken by an enemy.

Ship Ceases to be EntitledNotice by the owner that the ship has ceased to be entitled to be registered, together with details of the circumstances (e.g. the name, address and nationality of the buyer), andA certified or notarised copy of the bill of sale or other document that transferred ownership.The COR must be returned to the Shipping Registration Office as soon as possible.

Ship is lost, etc.

Notice by the owner describing the event that has occurred.The COR must be returned to the Shipping Registration Office as soon as possible.

Deletion CertificatesUpon receipt of a written request together with the fee, a deletion certificate can be granted relating to a ship whose registration is closed. There is no provisional deletion certificate.The deletion certificate comprises three documents: a certificate stating that the ship is not registered with the Flag State concerned, and stating the circumstances of its closure of registration,

a statement of the registered ownership and mortgages in force at the time of closure, and

the registered description of the ship at the time of closure.

Deletion certificates can be granted immediately after closure of registration, if the Registrar has received a written request and the fee.

Some Flag State will require an owner wishing to close a vessel's registry must ensure that there is no: Undischarged mortgage. Court order prohibiting any dealing with the vessel or any share therein.

Outstanding annual tonnage tax or other fees.

Outstanding claims of the master or seamen.

What is Continuous synopsis record?

Continuous synopsis record is a special measure under Safety of life at sea (SOLAS) for enhancing the maritime security at the sea. According to SOLAS chapter XI-1, Regulation 5, all passenger and cargo ships of 500 gross-tonnage and above must have a continuous synopsis record on board.

The continuous synopsis record provides an onboard record of the history of the ship with respect to the information recorded therein.

Continuous synopsis record (CSR) is issued by the administration of the ship, which would fly its flag.

Following details should be present in the continuous synopsis record (CSR)1. Name of the ship2. The port at which the ship is

registered 3. Ship’s identification number4. Date on which ship was

registered with the state5. Name of the state whose flag the

ship is flying

6. Name of registered owner and the registered address7. Name of registered   bareboat charterers and their registered addresses8. Name of the classification society with which the ship is classed9. Name of the company, its registered address and the address from where safety management activities are carried out

10. Name of the administration or the contracting government or the recognized organization which has issued the document of compliance, specified in the ISM code, to the company operating the ship.

11.Name of the body which has carried out the audit to issue the document of compliance

12. Name of the administration or the contracting government or the recognized organization which has issued the safety management certificate (SMC) to the ship and the name of the body which has issued the document.

13. Name of the administration or the contracting government or the recognized organization which has issued the international ship security certificate, specified in the ISPS code, to the ship and the name of the body which has carried out the verification on the basis of which the certificate was issuedThe date of expiry of the ship’s registration with the state

What is Minimum Safe Manning Document?

To ensure that all vessels are sufficiently, efficiently and safely manned with properly trained and certified personnel Flag States issue a Minimum Safe Manning Document (Certificate) (MSMD) under provisions of Chapter V (Safety of Navigation) of SOLAS 1974 as amended, to all ships to which Chapter I of SOLAS applies.

Minimum Safe Manning

The following principles should be observed in determining the minimum safe manning of a ship: .1 the capability to: .1.1 maintain safe navigational, engineering and radio watches in accordance with regulation VIII/2 of the 1978 STCW Convention, as amended, and also maintain general surveillance of the ship; .

.1.2 moor and unmoor the ship safely;

.1.3 manage the safety functions of the ship when employed in a stationary or nearstationary mode at sea;

1.4 perform operations, as appropriate, for the prevention of damage to the marine environment; .1.5 maintain the safety arrangements and the cleanliness of all accessible spaces to minimize the risk of fire; .1.6 provide for medical care on board ship; .1.7 ensure safe carriage of cargo during transit;

.1.8 inspect and maintain, as appropriate, the structural integrity of the ship; .1.9 operate in accordance with the approved Ship’s Security Plan; and

.2 the ability to:

.2.1 Operate all watertight closing arrangement and maintain them in effective condition and also deploy a competent damage control party;

.2.2 operate all on-board fire-fighting and emergency equipment and life-saving appliances, carry out such maintenance of this equipment as is required to be done at sea, and muster and disembark all persons on board; and

.2.3 operate the main propulsion and auxiliary machinery. and maintain them in a safe condition to enable the ship to overcome the foreseeable perils of the voyage.

2. In applying such principles, Administrations should take proper account of existing IMO, ILO, lTU and WHO instruments in force which deal with: .1 watchkeeping; .2 hours of work or rest;.3 safety management; .4 certification of seafarers;

.5 training of seafarers;

.6 occupational health and hygiene; and

.7 crew accommodation.

3. The following on-board functions, when applicable, should also be taken into account: .1 on going training requirements for all personnel, including the operation and use of fire-fighting and emergency equipment, life-saving appliances and watertight closing arrangements;

.2 Specialized training requirements for particular types of ships; .3 provision of proper food and drinking water; .4 need to undertake emergency duties and responsibilities; and .5 need to provide training opportunities for entrant seafarers to allow them to gain the training and experience needed.

United Nations Convention on Conditions for Registration of Ships(Geneva, 7 February 1986)

For the purposes of this Convention:

"Ship" means any self-propelled sea-going vessel used in international seaborne trade for the transport of goods, passengers, or both with the exception of vessels of less than 500 gross registered tons;"Flag State" means a State whose flag a ship flies and is entitled to fly;"Owner" or "shipowner" means, unless clearly indicated otherwise, any natural or juridical person recorded in the register of ships of the State of registration as an owner of a ship;

"Operator" means the owner or bareboat charterer, or any other natural or juridical person to whom the responsibilities of the owner or bareboat charterer have been formally assigned;

"State of registration" means the State in whose register of ships a ship has been entered;

"Register of ships" means the official register or registers in which particulars referred to in article 11 of this Convention are recorded;

"National maritime administration" means any State authority or agency which is established by the State of registration in accordance with its legislation and which, pursuant to that legislation, is responsible, inter alia , for the implementation of international agreements concerning maritime transport and for the application of rules and standards concerning ships under its jurisdiction and control;

"Bareboat charter" means a contract for the lease of a ship, for a stipulated period of time, by virtue of which the lessee has complete possession and control of the ship, including the right to appoint the master and crew of the ship, for the duration of the lease;

"Labour-supplying country" means a country which provides seafarers for service on a ship flying the flag of another country.

1. Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.2. Ships have the nationality of the State whose flag they are entitled to fly.3. Ships shall sail under the flag of one State only.4. No ships shall be entered in the registers of ships of two or more States at a time, 5. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

Entry into force

1. This Convention shall enter into force 12 months after the date on which not less than 40 States, the combined tonnage of which amounts to at least 25 per cent of world tonnage, have become Contracting Parties to it . ( SO FAR ONLY RATIFIED BY 14 COUNTRIES)

EXAMINATION TYPE Q & AWhat are the practical purposes of registering a ship?

(1)To enable the ship to trade internationally;

(2) to facilitate easier sale and purchase of the ship;

(3) to facilitate ship finance (mortgages may not be obtainable for unregistered ships).

Where is the Official Number and net tonnage marked?

In the main beam. In a dry cargo vessel this might be in an athwartships hatch coaming; (the forward coaming of largest hatch). In a tanker it might be in a pumproom; In a ship with midships machinery it might be in the engine room on a transverse structural member.

What documents are required to be submitted to Registrar of Marine Administration when registering a ship ?

What is a flag of convenience?A flag under which there needs to be no genuine link between the flag state and the beneficial ownership of the vessel.

Who decides what flags are flags of convenience?The International Transport Workers Federation (ITF).

What is a second register?Registers which in some cases are established under separate legislation to the 'parent' register (as in the case of the NIS register of Norway), and in other cases are established in an offshore territory with legal links to the 'parent' country (e.g. the register of the Isle of Man, which is linked to the UK).

Is the IMO number the same as the Official Number?

In what way is a second register different from a flag of convenience?

While manning, taxation and other forma-lities are often simplified, there must still be some form of genuine link between the owners and the flag state (e.g. through a company established in the flag state)

What is an 'IMO Number'?

Which ships must have an IMO Number?Under Regulation 3 of SOLAS Chapter XI (Special Measures to Enhance Safety), all passenger ships of 100GT and over, and all cargo ships of 300GT and over.

THE END

PREPARED BY CAPTAIN THEIN WIN