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. International law requires that every
merchant ship be registered in a country, called its flag state. Ship
registration is similar to a person receiving a passport. A ship is bound to
the law of its flag state. 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.
A registry that is open only to ships of its own nation is known as a traditional
or national registry. Registries that are open to foreign-owned ships are
known as open registries, and some of these are classified as 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 seaborne
countries, it was used to make sure ships were being built in the local
country, with crews predominantly of the local country. 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. Requirements for Registration
Vessel registration is required for all vessels traveling internationally and
crossing international borders. Registration is not necessary for
vessels that travel in local waters, however some registries provide
nationality to such vessels as well. Registration provides the ability to
determine which country's laws govern the operation of a ship and the behavior
of the crew. What type of vessels can be registered
at a registry is dependent on the registry. For example, the Liberian
Registry 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 year or older must have a Status Report of the
vessel's Special Survey to be reviewed by Marine Safety.
Maritime law The principle that there be a "genuine
link" between a ship's owners and its flag state dates back to 1958, when
Article 5(1) of the Geneva Convention on the High Seas also required that "the
state must effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag." The
principle was repeated in Article 91 of the 1982 treaty called the United
Nations Convention on the Law of the Sea and often referred to as UNCLOS.
In 1986, the United Nations Conference on Trade and Development attempted to
solidify the genuine link concept in the 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. To
come into force, the 1986 treaty requires 40 signatories whose combined
tonnage exceeds 25% of the world total. To date, only 14 countries have signed
the treaty. National or closed registries typically
require that a ship be owned and constructed by national interests, and
at least partially crewed by its citizens. Open registries do not have
such requirements; some offer on-line registration, sometimes guaranteeing
completion in less than a day. = Unflagged vessels =
Ships operated illegally, such as by pirates, or narco submarines, are not
normally registered by the operators. See also
Flag state Flag of convenience
List of flags of convenience References and sources
References Sources
D'Andrea, Ariella. The "Genuine Link" Concept in Responsible Fisheries [Legal
Aspects and Recent Developments]. FAO Legal Papers Online 61. Rome: Food and
Agriculture Organization. Retrieved 2010-06-30.
International Confederation of Free Trade Unions; Trade Union Advisory
Committee to the OECD; International Transport Workers’ Federation;
Greenpeace International. More Troubled Waters: Fishing, Pollution, and FOCs.
Johannesburg: 2002 World Summit on Sustainable Development. Retrieved
2010-06-12. Neff, Robert. "Flags That Hide the Dirty
Truth". Asia Times. Asia Times Online. Retrieved 2010-06-12.
A Guide to Ship Registration. Wellington: Maritime New Zealand.
September 2010 [2003]. Retrieved 2012-12-12. About the New Zealand
Register of Ships "Question Listing for Vessel
Registration". LISCR, LLC. Retrieved 2012-12-12.
"Registration of merchant ships". The National Archives. Retrieved 2012-12-12.
"USCG National Vessel Documentation Center, FAQ Page". USCG National Vessel
Documentation Center. Retrieved 2012-12-12.