REGISTRATION PROCEDURES
Ownership
The following are qualified to own a Jamaican ship:
o
Citizens of Jamaica
o
Commonwealth Citizens
Bodies
Corporate established in Jamaica and having a place of business,
managing owner or agent in Jamaica;
Partnerships
and Limited Partnerships established in Jamaica and has business
or managing owner or agent in Jamaica
Foreign
Maritime Entities and foreign companies established in a jurisdiction
other than Jamaica and having a managing owner or agent in Jamaica.
Foreign entity includes partnerships or limited partnerships established
on a jurisdiction J
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Types
of Registration
First
Time Ship Registration
REQUIREMENT FOR THE REGISTRATION OF SHIPS IN THE JAMAICA SHIP
REGISTRY - PROVISIONAL REGISTRATION.
For
clarification of terms used, click on definitions.
1.
Completion and submission of the following Forms :
i.
Application for Registration and Notice of Name of Ship (Form
JSR 01 Rev.02).
ii.
Declaration of Ownership - Body Corporate(Form
JSR-002 Rev. No. 01) - notarised
iii.
Application for Minimum Safe Manning Certificate (Form
JSR-011/Rev/No.01).
iv.
Application for Radio Licence (Form
JSR-014 Rev. No. 01).
vi.Declaration
of Information for Continuous Synopsis Record (Form
JSR-074 Rev. No. 01) .
vii.Declaration
of Company Security Officer (Form
JSR-075 No. 01) .
viii.Applications for Endorsements (Form
MAJ-008). The Application Form lists the supporting documentation
to be submitted to allow verification of the crew qualification.
ix.
Mortgage Form (where applicable).
2. Submission of the following Documentation :
i.
(a) Certificate of Incorporation, (b) Certificate of Good Standing,
(c) Notice of Directors and (d) Memorandum & Articles of Association
or similar document of Owning Company.
ii.
Power of Attorney (where applicable) executed by the Owning Company
in favour of the person(s) signing the various Forms for registration.
iii.
Title Documents, in the form of a Bill of Sale / or Builder's
Certificate /or Condemnation Order - notarised.
iv.
Deletion Certificate from previous Registry (where possible).
v.
Statutory Certificates issued under the previous Registry.
vi. International Tonnage Certificate (ITC) from previous Registry.
vii.
DOC and SMC of the Vessel, evidencing compliance with the ISM
Code.
3.
Other Requirements :
i. Class confirmation from the Classsification Society, also indicating
the validity and expiry dates of the Safety Certificates. Any
exemptions / conditions pertaining to the Certificates are to
be indicated.
ii.
Radio Accounting Authority's confirmation in respect of the management
of radio accounts, in the form of a Letter on the AAIC's Letterhead.
iii.
INMARSAT approved PSA (Point of Service Activation) Contractor
(ONLY in the event that the AAIC does not also serve as a PSA).
iv.
Payment of all applicable fees and costs.
Provisional Registration may be effected upon the submission of
faxed or e-mailed copies of all forms / documents. The original
documents must be submitted within 30 days of provisional registration
Statutory certificates issued under the previous Registry are
not required to be submitted in original.
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Previously
Registered Ships
A ship which has been registered in a foreign registry is not
eligible to be registered as a Jamaican unless evidence has been
supplied to the satisfaction of the Registrar that:
- The
ship has been de-registered on the day that the new registration
is to be effected or the ship’s foreign registration has
been cancelled or will be cancelled on the day that the new
registration is effected; and
- No
mortgages are outstanding against the ship or where there are
mortgages outstanding the holders of such mortgages have consented
in writing to the de-registration of the ship’s foreign
registration.
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Bare
Boat Charter Registration
The
Shipping act provides for bareboat registration which can be used
in cases where it is the charter’s wish to use a different
flag for a ship originally registered in Jamaica ( Bareboat Out).
During the period of the charter, mortgages may continue to be
recorded in the Jamaican register but, in other respects, the
Jamaican registration I suspended.
Reciprocally, provided that the law of the country of original
registration allow, ships may be bareboat chartered onto the Jamaican
register.
The basic conditions, which apply to Bareboat-In, are:
- The
charterer must have have complete management and operational
control of the ship including the employment of the master and
the crew;
- An
application for Bareboat Charter Registration must be made;
- The
written consent of the owner of the underlying registry of the
ship must be obtained;
- The
written consent of the authorised authority of the underlying
registry;
- The
written consent of any mortgage of the underlying registry of
the ship must be obtained;
- A
declaration of Bareboat Charter must be made by the charter
that the ship is subject to charter by demise, in lieu of a
declaration of ownership;
- A
certified copy of the Bareboat charter party must be rendered
to the Jamaican registrar;
- The
vessel is required to comply with the Shipping Laws and regulations
of Jamaica for the duration of the charter;
- The
vessel must fly the Jamaican flag during the period of Bareboat
charter
A
ship to be bareboat registered into the Jamaican registry shall
retain the name it is registered in the underlying registry, provided
that’s such name is not already that of a registered Jamaican
ship or a name so similar as to calculated to deceive. If change
of name is necessary or desired the consent of the owner, mortgagee
and underlying registry is required.
REQUIRED
DOCUMENTS FOR BAREBOAT CHARTER REGISTRATION
Bare
Boat In
1.
Consent of Shipowners, Underlying Registry and Mortgage
2. Application of Bareboat Charter
3. Declaration of Bareboat Charter indicating that the charterer
is qualified to own a Jamaican ship
4. Transcript of underlying registry
5. Bareboat Charter Party
6. Appointment of authorised Agent ( where appropriate)
7. Consent for change of name ( where applicable)
8. Written application for MMSI number and Radio Cal Sign
9. Certificate of Survey
10. Carving and Marking Note duly Completed
11. Consent of Mortgage for registration
12. Certificate of Company Incorporation and Certificate of Good
Standing
13. International Tonnage Certificate
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Bareboat
Out
1.
Application for Bareboat Charter Registration in a Foreign Registry
2. Consent in writing of mortgages ( where applicable)
3. Written undertaking by owner to surrender the Jamaican Certificate
of Registry
4. undertaking by charterer that the Jamaican flag shall not be
displayed during the period of bareboat charter registration.
5. Copy of the bareboat charter party
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Fees
and Discounts
The registration and annual fee for a Jamaican ship are determined
according to its gross tonnage and are outlined in the fee schedule.
Discounts are available to the shipowner on Initial Registration
or Annual Fees where:
- The
ship being registered is less than 8 years old
- More
than one vessel is being registered
- The
ship being registered is a passenger ship exceeding 10,000 gross
tonnes
- The
ship has, in the preceding 5 years, consistently met the requirements
of the Shipping Act and any regulations made thereunder relating
to the maritime safety and pollution prevention
- The
technical management or crewing of the ship is carried out by
an entity established and operating in Jamaica
- A
minimum of 20% or five members ( whichever is greater) of the
crew and including at least one officer, are Jamaican Nationals;
- In
the case of a passenger ship over 10,000 gross tonnes, the home
port during the 12 month period prior to the anniversary due
date, was in Jamaica.
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Taxation
& Concessions
Under the Shipping Act:
- No
tax shall be charged or payable on the income of a shipping
entity in respect of gains or profits derived from the ownership
or operation of a registered Jamaican ship, or on any dividend
paid to the shareholders or partners in this regard.
- No
tax shall be payable by any person on interest or other income
payable to him by any shipping entity registered in respect
of any loan raised or debt due by such shipping entity for the
purpose of acquiring the ownership of a Jamaican ship or for
the purpose of operation of such ship.
- No
tax shall be payable by any seafarer on income derived from
employment on a Jamaican registered ship.
- A
Jamaican registered ship is exempt from death or succession
duties and transfer tax, duty on documents.
- In
addition Jamaican has double taxation agreements with many countries.
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DEFINITIONS
OF TERMS
1.Notice
of the Name of the Ship
A notice indicating the name
of the ship must be sent to the Registrar for approval.
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2. Appointment of Authorised Agent
or Managing Owner
All bodies corporate, partnerships
or foreign maritime entities must appoint an authorised Agent
or Managing Owner to sign all documents required for registration.
An agent or Managing Owner must be appropriately authorised (for
example under a Common Seal where it is a body corporate).
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3.
Application to Register
Under section 21 of the Shipping
Act an application for registration in the prescribed form accompanied
by the prescribed fee, must be made either by the owner or through
the authorised agent or managing owner. Applications should be
forwarded to:
The Registrar
The Maritime Authority of Jamaica
4th Floor Dyoll Building
40 Knutsford Boulevard
Kingston 5. Jamaica
Application for registration may also be faxed to the Registrar
at the fax number (868)-968-1020
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4.
Declaration of Ownership
A person desiring to be registered, as the owner of a Jamaican
ship must complete a Declaration of Ownership in the prescribed
form, referring to the ship as described in the relevant certificate
of survey and containing the following details
- The
name and address of the owner
- The
owner’s citizenship or national status, or in the case
of a body corporate or other entity, the place of incorporation
or formation;
- The
time when, and the place where the ship was built if the ship
was been built outside Jamaica and the time and place of building
is not known a statement to that effect;
- In
the case of a ship previously registered outside Jamaica, the
name by which it was registered;
- The
name of the master an his citizenship;
- The
number of shares in the ship in respect of which such person
is entitled toe registered.
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5. Title Documents
In application for the first time registration of a ship the following
shall be produced in addition to the declaration of ownership:
- A
Builder’s Certificate, signed by the builder of the ship
and containing a true account of the proper denomination and
the tonnage of the ship as estimated by the builder
- A
description of the vessel and its machinery and the date and
place of build
- In
the case of any sale, the bill of sale under which the ship
or the share therein has become vested in the applicant for
registration unless the new owner (in the Declaration of Ownership)
is able to make a declaration that the time and the place of
building are genuinely unknown to him. In such case only the
bill of sale shall be required showing the majority of the shares
held in the ship.
- In
the case of a ship condemned by a competent authority, the official
copy of the condemnation order.
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