NATIONALITY

AND
REGISTRATION
OF A SHIP
MARITIME LAW CONVENTIONS
 THE SHIP IS LIKE AN INDIVIDUAL
THAT NEEDS TO BELONG TO A
NATION.
ITS BELONGINGNESS TO A STATE
IS COVERED BY A SET OF LAWS
THERE ARE CONDITIONS THAT ARE
PRESCRIBED BY A STATE TO
ACCEPT A SHIP IN THE STATES
REGISTRY
 A SHIP HAS TO OBTAIN A
NATIONALITY TO BE ENTITLED TO
CERTAIN RIGHTS, PRIVILEGES AND
PROTECTION FROM A STATE
AFTER SATISFACTION OF
REQUIREMENTS FOR
REGISTRATION, THE SHIP IS GIVEN
A NATIONALITY
 Without nationality, the ship
will be like an individual
without a nation, who is
wondering what rules and
regulations she will follow

- According to Chorley and

Giles Shipping Law
REGISTRATION
Relevance?
Purposes?
REGISTRATION Act of fulfilling the
state conditions for the grant of
nationality to a ship.
It is an official acknowledgment that a
ship has been able to comply with all the
requirements set by the state to be
accorded a nationality.

REGISTER- It refers to the official list

wherein all important necessary
information regarding the ships and their
owners or operators recorded and kept
by a competent state authority.
1. Documentary evidence of ownership
2. To know the exact measurement of
tonnage of the ship.
3. To establish the ships nationality
4. It controls and regulates ownership of
ship under a state flag
5. It makes transactions easy concerning
purchase, sale and mortgage of ships.

PURPOSES OF
REGISTRATION
6. Registration gives income to
countries where ships are
registered
7. Because small countries
consider large ship registration
as a kind of prestige thus give
them some strategic
importance
 No escape from duties,
forfeitures, payment of dues
and punishment for offenses
committed on board that may
be imposed by the country that
may discover this kind of
illegality.

Failure to register ship

The GENERAL 60%-40% ownership requirement
must be followed by conditions for registration.

60% must be owned by a citizen of the country.

40% must be owned by the foreign investor/s

There are some limitations with regard to

trading areas of the ship, manning of the ships
and terms of employment.

CAPITALIZATION
REQUIREMENT
 State obliges small ships
to register but NOT within
the requirements of the
bigger ships.
Separate registry system
in the country.
Small fishing boats
Yachts
Motorized bancas
How about small ships?
1. OPEN REGISTER State
welcomes a registry of foreign
vessels to any ship-owners
(regardless of nationality) as
long as they register their ships
with the states registry and
comply with the conditions
required by the subject state.
TWO KINDS OF
REGISTER
2. CLOSED REGISTER a
type of registry that gives
restriction to foreign
ship-owners to register in
another countrys registry.
 A registration of a ship in a country (offered by
that country) whose tax in the profits of trading
ships is usually low or whose requirements
concerning manning are not stringent.

RATIONALE:
More income (for the subject STATE)
Lower tax rates and flexible to many maritime
requirements (for the ship-owners)

FLAG OF CONVENIENCE
 Not all states that are offering
flag of convenience have cheaper
and rigid requirements. Many
countries also offer flag of
convenience but prescribe high
standards of requirements.

DISCLAIMER
1. Flag state shall maintain a
register of ships. This register
shall contain the names and
particulars of the ships flying its
flags.

EXEMPTION:

Ships that are too small and cannot be governed by international law

JURISDICTION OF THE
FLAG STATE
2. The flag state has to assume its
jurisdiction over:
- the ship
- the master
- the crew
NOTE: Only in relation to
administrative, technical and
social matter involving the ship.

JURISDICTION OF THE
FLAG STATE
3. Flag state shall take measure to ensure
that all ships entitled to its flag will ensure
safety at sea.

SAFETY:
- High standards of ship construction
- Equipment
- Manning
- Communication system

JURISDICTION OF THE FLAG STATE

4. Flag state shall ensure that the ships
entitled to fly in its flag follow registration
procedure:

Also ensure that the following are complied

with:
- Labor and competency requirements for
shipmaster, officers and even crew

JURISDICTION OF THE
FLAG STATE
5. In relation to IMO requirements
for the control and prevention of
marine pollution, it is within the
jurisdiction and control of the flag
state to see to it that ships given the
title to fly the states flag will observe
and follow the IMO regulations.
JURISDICTION OF THE
FLAG STATE
6. The flag state has the
jurisdiction to investigate any
incident or circumstances
reported by another state with
regard to any report of violation
against the laws of the flag
state that were committed by
the ship and her crew.
JURISDICTION OF THE
FLAG STATE
7. IN CASE OF MARINE INCIDENTS IN
THE HIGH SEAS INVOLVING THE FLAG
STATE AND ANOTHER SHIP FLYING THE
FLAG OF ANOTHER STATE, THE TWO
FLAG STATES SHALL CONDUCT
INDEPENDENT INQUIRY OR
INVESTIGATION;

STATE TO STATE FULL COOPERATION.

JURISDICTION OF THE
FLAG STATE
MARITIME INDUSTRY AUTHORITY
REGULATES AND CONTROLS THE
MERCHANT SHIPPING LAWS
INVOLVING REGISTRATION OF THE
VESSELS AND THEIR COMMERCIAL
OPERATIONS.

MARINA
 IT COVERS THE
IMPLEMENTATION,
MONITORING AND CONTROL
OF MARITIME SAFETY AND
POLLUTION PREVENTION.

PHILIPPINE COASTGUARD
They issue rules and regulations concerning the arrival and
departure of the ships in port.

BUREAU OF CUSTOMS AND

PHILIPPINE PORTS AUTHORITY
 Department of
Transportation and
Communication is the
mother agency which
exercises supervision and
control of all government
agencies in the country
that are providing
transportation (land, PCG, MARINA and PPA are under
water and air the umbrella of DOTC
transportation) and
communication services.

DOTC