Ship registration
Encyclopedia
Ship registration is the process by which a ship is documented and authorised by some country; it is usual to say that the ship sails under the flag
of the country of registration (the registration, not the actual cloth flag, is the essential issue). International law requires that every merchant ship be registered in a country, called its flag state
. 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
.
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.
Ships operated illegally, such as by pirates, or narco submarine
s, are not normally registered by the operators (although a registered ship may be captured or used covertly for illegal purposes).
Maritime flag
A maritime flag is a flag designated for use on ships, boats, and other watercraft. Naval flags are considered important at sea and the rules and regulations for the flying of flags are strictly enforced...
of the country of registration (the registration, not the actual cloth flag, is the essential issue). International law requires that every merchant ship be registered in a country, called its flag state
Flag State
The flag state of a commercial vessel is the state under whose laws the vessel is registered or licensed.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...
. 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
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...
.
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
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , 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 , which took place from 1973 through 1982...
and often referred to as UNCLOS. In 1986, the United Nations Conference on Trade and Development
United Nations Conference on Trade and Development
The United Nations Conference on Trade and Development was established in 1964 as a permanent intergovernmental body. It is the principal organ of the United Nations General Assembly dealing with trade, investment, and development issues....
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.
Ships operated illegally, such as by pirates, or narco submarine
Narco submarine
A narco-submarine is a type of custom-made ocean-going self-propelled submersible vessel built by drug traffickers to smuggle drugs. They are especially known to be used by Colombian drug cartel members to export cocaine from Colombia to Mexico, which is often then transported overland to the...
s, are not normally registered by the operators (although a registered ship may be captured or used covertly for illegal purposes).