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Maritime Regulations Ch.03 |
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BAREBOAT CHARTER REGISTRATION
| 18. |
In this Chapter:- |
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"Charterer" means any
person identified as a charterer on a bareboat
charter; |
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"Bareboat Registry"
means the Vanuatu Bareboat Charter Registry; |
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"Foreign Bareboat
Registry" means the foreign jurisdiction in which the bareboat charter of a
Vanuatu Vessel is registered; |
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"Foreign Registry"
means the jurisdiction in which the ownership of the vessel is registered
immediately prior to and during the period when the bareboat chartered vessel is
registered in the Bareboat Registry; |
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"Mortgage" means any
mortgage, hypothecation or charge against a
vessel; |
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"Mortgagee" means any
person with an interest in or rights regarding a vessel arising pursuant to a
Mortgage; |
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"Owner" means (i) in
the case of a Vanuatu Vessel, any person identified as the owner on the vessel's
Certificate of Registry and (ii) in the case of any other vessel, any person
identified as an owner on the certificate of registry or similar document issued
by the Foreign Registry; and |
| 19. |
(1) |
Each vessel's
Certificate of Bareboat Registry shall state the name of the vessel, official
number, call sign, service and home port of Port Vila; the name of the person
making the required oath or declaration; the names, residences, citizenships and
proportion of each Charterer, the Foreign Registry of the vessel, the name and
official number of the vessel in the Foreign Registry; the year and place of the
build of the vessel, the name of the builder; the number of masts and decks; the
material of the hull, the type of her stern and stem; the type of propulsion;
her length, depth, breadth and height of the uppermost deck; her gross and net
tonnage or tonnages; the name of the person or agent who measured the vessel and
the number and date of the Certificate of Measurement issued by such person or
agent; the name of the persons who, as or on behalf of each of the Charterers,
countersigned the said Certificate of Measurement and agreed to the description. |
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(2) |
The Application to be
submitted pursuant to Section 31(1)(a) of the Act shall provide such information
as may be needed by the Commissioner or a Deputy Commissioner in order to
prepare the Certificate of Bareboat
Registry. |
| 20. |
During such period as a
vessel is registered in the Bareboat Registry the vessel shall fly the flag of
Vanuatu and shall not fly the flag of any Foreign Registry. During such time as
the vessel is registered in the Bareboat Registry, the vessel shall be manned,
equipped, navigated and otherwise maintained and operated according to the laws
of Vanuatu and such International Conventions to which Vanuatu is a party or has
acceded. |
| 21. |
All Mortgages to be
recorded in the Bareboat Registry must be in English or include an English
translation acceptable to the Commissioner or Deputy Commissioner; provided,
that for good cause shown, the Commissioner or Deputy Commissioner may waive
this requirement under such terms and conditions as he deems appropriate. It is
not necessary that these Mortgages meet all of the requirements of Chapter 5 of
the Act to quality as a Preferred Mortgage under the law of Vanuatu, provided,
that the Mortgages must qualify as Preferred Mortgages under Section 62 of the
Act. |
| 22. |
When a waiver of
recordation of Mortgages is sought under Section 31(3A) of the Act the parties
shall submit a request for waiver of recordation which shall be signed by all
Charterers, Owners and Mortgagees with respect to the vessel. The request for
waiver may be submitted in multiple identical counterparts provided that the
counterparts when taken as a whole include the signatures of all Charterers,
Owners and Mortgagees. Any such waiver granted shall extend to all Mortgages
with respect to the vessel. A copy of any notice of waiver shall be maintained
in the Bareboat Charter Mortgage book maintained in the office of the
Commissioner and each Deputy Commissioner. If, during the period in which a
vessel is registered on the Vanuatu Bareboat Registry, any additional Mortgage
is recorded in the vessel's Foreign Registry, the Commissioner or the Deputy
Commissioner concerned will withdraw his waiver unless all Mortgagees with
respect to such Mortgage indicate their consent to the waiver. A waiver may be
withdrawn any time upon the unanimous request of the Mortgagees with respect to
a vessel; provided written notice has been given to the Charterers and Owners
and the parties comply with requirements for recordation of Mortgages set forth
in the Act and these Regulations. In the even that a waiver is withdrawn all
Mortgages shall be recorded in accordance with Section 30A(2) of the Act. |
| 23. |
A Certificate of
Bareboat Registry shall remain valid only for such time as the bareboat charter
submitted in accordance with Section 31(1)(b) of the Act remains in effect.
Should such bareboat charter be terminated at any time for any reason the
Certificate of Bareboat Registry shall become null and void at the time of such
termination and must be surrendered for cancellation within 30 days or such
further time as may be allowed by the Commissioner or a Deputy Commissioner. The
Commissioner or a Deputy Commissioner shall promptly notify the Foreign Registry
of any such termination or
cancellation. |
| 24. |
(1) |
Before
issuing his consent to the registry of a bareboat chartered Vanuatu Vessel in a
Foreign Bareboat Registry the Commissioner or a Deputy Commissioner shall be
provided with information satisfactory to him
that: |
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(a) |
the law of the Foreign
Bareboat Registry provides that all questions regarding the validity and
enforceability of the interests of the Owners and Mortgagees of a vessel shall
be determined under the laws of the jurisdiction in which the ownership of the
vessel is registered immediately prior to and during the period when the
bareboat chartered vessel is registered in the Foreign Bareboat Registry; |
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(b) |
the law or procedures
of the Foreign Bareboat Registry provide for reasonable notice of the existence
or possible existence of Mortgages recorded in the ship registry of the
jurisdiction in which the vessel is registered in the Foreign Bareboat Registry;
and |
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(c) |
the law of the Foreign
Bareboat Registry provides that its certificate of bareboat registry (or similar
document) shall automatically terminate upon the termination of the bareboat
charter. |
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(2) |
While any
vessel is registered in any Foreign Bareboat Registry, the vessel shall not fly
the flag of Vanuatu. Upon registration with the Foreign Bareboat Registry, the
Master of the vessel shall forthwith surrender the Vanuatu Certificate of
Registry to the Commissioner or a Deputy Commissioner or a Special Agent and the
Commissioner or a Deputy Commissioner shall hold it and issue in its stead a
Restricted Certificate of Registry, which Certificate shall provide that the
vessel may not fly the flag of Vanuatu. Upon the termination of the registration
with the Foreign Bareboat Registry the Owner shall submit to the Commissioner or
a Deputy Commissioner documentation evidencing the termination of Foreign
Bareboat Registry and the Commissioner or a Deputy Commissioner shall reissue
the Certificate of Registry. |
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Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated July 03, 2008 |
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