Updates:Who can qualify to own a Cayman flag vessel

As per Shipping Notice 04/2010 Rev 3 of the Maritime Authority of the Cayman Islands, issued on the 1st of December 2016, the list of qualifying countries in which companies, other entities or individuals can qualify to own a Cayman Flag vessel has been revised to include the Principality of Monaco.

Accordingly, the list includes Countries which are either Members of the European Union (EU), the European Economic Area (EEA) or which are included in the Third Schedule of the Cayman Islands Money Laundering Regulations (2015 Revision) (Third Schedule Countries):

1.    Argentina 2.    Australia 3.    Austria
4.    Anguilla 5.    Aruba 6.    Bermuda
7.    British Virgin Islands 8.    Bahamas 9.    Bahrain
10.  Barbados 11.  Belgium 12.  Brazil
13.  Bulgaria 14.  Canada 15.  Canary islands
16.  Cyprus 17.  Czech Republic 18.  Denmark
19.  Estonia 20.  Faroe Islands 21.  Finland
22.  France 23.  French Guiana 24.  Germany
25.  Gibraltar 26.  Greece 27.  Guadeloupe
28.  Guernsey 29.  Hong Kong 30.  Hungary
31.  Iceland 32.  India 33.  Ireland
34.  Isle of Man 35.  Israel 36.  Italy
37.  Japan 38.  Jersey 39.  Latvia
40.  Liechtenstein 41.  Lithuania 42.  Luxemburg
43.  Malta 44.  Madeira 45.  Martinique
46.  Marshall Islands 47.  Mexico 48.  Monaco
49.  Netherlands 50.  Netherlands Antiles 51.  New Zealand
52.  Norway 53.  Panama 54.  Peoples Republic of China
55.  Poland 56.  Portugal 57.  Romania
58.  Singapore 59.  Slovakia 60.  Slovenia
61.  Spain 62.  Sweden 63.  Switzerland
64.  Turkey 65.  United Arab Emirates 66.  United Kingdom
67.  United states of America  
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GREECE: PLEASURE CRAFT TRAFFIC DOCUMENT (DE.K.P.A.)

NEW RULES REGARDING THE APPLICATION FOR THE PLEASURE CRAFT TRAFFIC DOCUMENT (DE.K.P.A.)

According to article 10 of Greek Law 4256/2014, private pleasure crafts (as defined by art. 1 of Law 4256 of 2014), under Greek flag or under the flag of another member- state of the EU, must obtain a Pleasure Craft Traffic Document (DE.K.P.A.).

A joint ministerial decision of the Minister of Finance and the Minister of Maritime Affaires and Insular Policy dated 8th September 2016 sets the new criteria of issuance, the conditions of attestation and renewal of the Pleasure Craft Traffic Document (DE.K.P.A.).

According to the aforementioned ministerial decision, for the issuance and attestation of the DE.K.P.A., the following supporting documents are submitted to the Port Authority:

  1. Document of the nationality of the vessel;
  2. General Inspection Certificate or Security Certificate (VERIFICATION) of the vessel;
  3. Insurance contract or insurance certification;
  4. Power of attorney, or authorisation or official declaration according to Law 1599/1986 of the shipowner or in case of a company of its legal representative, stating the appointment of the skipper and the appointment of a representative and user of the private pleasure craft in Greece;
  5. Proof of payment of the cruising tax (TPP) of art. 13 of Law 4211/2013, as applicable;
  6. Proof of the capability of the Skipper regarding the governance of the vessel;
  7. Document/ certificate showing the ownership or representation of the private pleasure craft;
  8. In case the legislation of the country where the private leisure craft is registered does not provide for the obligatory issuance of documents regarding the nationality, security and ownership or the representation of a), b) and g) for their size category, any shipping document showing the ownership, nationality and size of the vessel as well as the number, type and power of the engines should be provided.

The DE.K.P.A. is issued for an unlimited duration, and it must be submitted to an annual attestation by the Port Authority.

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Yacht Registration&Company Establishment Packages

One the features which make the Yacht Registration Centre, Y.R.C , unique is our ability to offer yacht registration & corporate services in various jurisdictions .

Hence , look no further…

Belize, Caymans , Cyprus, Malta, Marshall Islands, Netherlands, Seychelles …

We provide:

  • advice as to the corporate ownership structure;
  • company establishment services ;
  • trust services;
  • yacht registration services;
  • administrative support;
  • legal and tax advice;

 

We are a One Stop Shop to your Yacht Registration Requirements

 

Please contact us for any questions as to potential corporate structures, flag ownership requirements, costs and time frame involved.

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Caymans: Pleasure yachts operating in US waters and limited commercial use in the Caribbean cruising area

The Shipping Notice 02/2016 Rev 2  issued by the Maritime Authority of the Cayman Islands is divided into two parts:

Part A – Requirements for Pleasure Yachts operating in U.S. Navigable Waters; and

Part B – Requirements for Pleasure Yachts in Limited Commercial Use in the ‘Caribbean Cruising Area’

Annexes 1 to 4 to the Notice, set out the technical requirements necessary to comply with Parts A & B.

 

PART A

PLEASURE YACHTS OPERATING IN U.S. NAVIGABLE WATERS

1.0 For the purposes of the U.S. Coast Guard all yachts with gross tonnage of 300 or more (as measured under the ITC-1969) are now required to be certificated, regardless of registration type. This requirement in U.S. waters supersedes the previous understanding that for yachts with a gross tonnage of 300 or more a vessel safety certificate is not mandatory if registered as a ‘Pleasure Yacht’.

In response to this, the Cayman Islands Shipping Registry will issue a Cayman Islands National Certificate (SOC-US) in order to meet with these requirements.

No changes are required for yachts that are registered as a ‘Commercial Vessel’ or voluntarily hold certification demonstrating compliance with SOLAS or Large Commercial Yacht Code (LY3), these yachts can use their existing certificates to comply with the new requirements.

Eligibility of yachts to be issued a SOC-US

2.1 The yacht must be registered as a ‘Pleasure Yacht’ of any gross tonnage, carrying 12 or fewer passengers.

2.2 The yacht must be surveyed and certified in accordance with Section 2.5 of Part A of the relevant Shipping Notice.

2.3 As a minimum, yachts will meet the applicable requirements of LY3 set out in Annex 1 (USCG) for foreign flagged vessels in U.S. navigable waters.

Safe Manning

2.4 Prior to being surveyed under Section 2.5 of Part A, the yacht must apply for, and be issued with, a Manning Statement, which will specify the agreed manning levels and qualifications required for safe operations.

Survey and certification

2.5 For yachts to receive a SOC-US they must:

2.5.1 Be surveyed by the Cayman Islands Shipping Registry to confirm:

2.5.1.1    There is a record of safety equipment for the yacht which accurately describes the yacht and its equipment; and

2.5.1.2   That the applicable safety equipment and pollution prevention requirements set out in Annex 1 of this Shipping Notice have been complied with.

2.5.2 On satisfactory completion of the survey, the yacht will be issued with a SOC-US valid for 5 years.

2.5.3 The SOC-US will contain the following limitation:

No commercial registration or commercial operations are permitted

2.5.4 The Vessel will be subject to Annual Surveys, not more than 3 months before or no later than 3 months after the anniversary of the expiry date, in order to maintain the validity of the SOC-US, and will be subject to a Renewal Survey every 5 years.

2.6 Fees will be subject to the scope of the survey.

 

 

 

PART B

PLEASURE YACHTS IN LIMITED COMMERCIAL USE IN THE ‘CARIBBEAN

CRUISING AREA’

1.0 Where a ‘Pleasure Yacht’, with a gross tonnage of less than 500 is certificated and compliant with the applicable parts of Annex 1 (CISR-CCA) for Pleasure Yachts operating in the ‘Caribbean Cruising Area’ the Cayman Islands Shipping Registry has no objections to the vessel engaging in commercial activities in the Caribbean Cruising Area.

Yachts meeting the requirements of this Annex will be issued with a Cayman Islands National Certificate for use in the Caribbean Cruising Area (SOC-CCA).

The Caribbean Cruising Area is defined as follows:

Up to 60 nautical miles from a safe haven in the following countries and territories in the Wider Caribbean Region:

Antigua & Barbuda

Aruba

Bahamas

Barbados

Belize

Colombia

Costa Rica

Cuba

Dominica

Dominican Republic

Grenada

Guatemala

Guyana

Haiti

Honduras

Jamaica

Mexico

Nicaragua

Panama

St. Kitts and Nevis St. Lucia

St. Vincent & Grenadines Suriname Trinidad & Tobago Venezuela

France Caribbean Territories (incl. Guadeloupe, Martinique, St. Martin, French Guiana) Netherlands Caribbean Territories (incl. Sint Maarten, Netherlands Antilles) United Kingdom Caribbean Territories (incl. Cayman Islands, Anguilla, British Virgin Islands, Turks and Caicos Islands, Montserrat)

Any yacht wishing to engage in commercial activities is required to be in compliance with the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002. These regulations apply regardless of the duration, frequency, or location of any commercial activities being undertaken.

Regulation 6 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002, allows for the acceptance of “Equivalent Provisions” if these can be considered at least as effective as those required by the Regulations.

Yachts holding a SOC-CCA issued in accordance with the regional alternative requirements of Annex 2 to this Shipping Notice will be considered as complying with regulation 6 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002, and shall be permitted to engage in limited commercial activities in the Caribbean Cruising Area.

Eligibility of yachts for operation in limited commercial use

2.1 Yachts with a gross tonnage of 300 and above and less than 500 must be classed by a Classification Society recognized by the Cayman Islands Shipping Registry; and

2.1.1 Must have a documented planned maintenance system for all identified critical equipment; and

2.1.2 Must have documented operational procedures covering all aspects of yacht operations.

2.2 Yachts with a gross tonnage of less than 300 need not be classed provided that:

2.2.1 The yacht is built to the rules of a recognised Classification Society; or

2.2.2 Built to a recognised National or International standard; and

2.2.3 Must have a documented planned maintenance system for all identified critical equipment; and

2.2.4 Must have documented operational procedures covering all aspects of yacht operations.

2.3   The yacht must hold a valid International Load Line Certificate issued in accordance with LY3 for at least a short range yacht.

 

Limitations on commercial use.

3.1 Commercial operations under a SOC-CCA are limited to a maximum distance of 60 nautical miles from a safe haven.

3.2 Commercial operations are limited to a maximum of 120 days in a 365 day period.

3.3 A maximum of 12 passengers, or guests, may be carried whilst the yacht is at sea.

3.4 A signed Master’s Limited Charter Declaration confirming points 3.1, 3.2 & 3.3 shall be provided and retained for inspection on board.

3.5 The yacht must apply for, and be issued with, a Manning Statement, which will specify the agreed manning levels and qualifications required for safe operations.

Seafarer Welfare

4.1 The Maritime Labour Convention 2006 (MLC 2006) applies to all vessels in commercial use of any size, and all seafarers working on such vessels. For the duration of any commercial activity covered by this Shipping Notice –

4.1.1 Seafarers employed on the yacht must be employed under a contract of employment which meets the minimum requirements of MLC 2006 for a Seafarers Employment Agreement. A model agreement can be found on the MLC section of the Cayman Registry website.

4.1.2 There must be an onboard complaints procedure complying with the latest revision of Shipping Notice 04/2014.

4.1.3 There must be insurance, or other financial security, in place to cover the costs associated with long term sickness or injury, death, and repatriation of seafarers.

4.1.4 There is no requirement for MLC Certification, including DMLC Parts 1 & 2, for any vessel with a gross tonnage of less than 500.

4.1.5 Existing vessels constructed before 20th August 2013 need not comply with the construction requirements of MLC 2006. Vessels built after this date will be considered on a case by case basis.

4.2 Compliance with the above requirements will be confirmed during the surveys required by Section 5 of Part B of this Shipping Notice.

Survey and certification

5.0 For yachts to receive a SOC-CCA they must:

5.1.1 Be surveyed by the Cayman Islands Shipping Registry to confirm –

5.1.1.1 That a record of safety equipment for the yacht, which accurately describes the yacht and its equipment, has been issued; and

5.1.1.2 The applicable requirements of LY3, as required by Annex 1 and as amended by the regional requirements contained in Annex 2, are complied with; and

5.1.1.3 Seafarer welfare conditions are in accordance with section 4 of this Annex; and

5.1.1.4 The signed Master’s declaration required by section 3.4 is on board; and

5.1.1.5 That yachts with a gross tonnage of 300 or above holds a valid Certificate of Class from a Classification Society recognised by the Cayman Islands Shipping Registry; and

5.1.1.6 The yacht holds a valid International Load Line Certificate, issued in accordance with LY3 for at least a short range yacht; and

5.1.1.7 All other statutory certification as applicable is on board.

5.1.1.8 On satisfactory completion of the survey, the yacht will be issued with a SOC-CCA valid for 5 years.

5.2 The SOC-CCA will contain the following limitations:

This yacht is restricted to operating in forecast or actual wind of up to, and including, Beaufort Force 6 and significant wave height up to, and including, 2 metres within 60 nautical miles of a safe haven.

Commercial operations are limited to the ‘Caribbean Cruising Area’ as defined in the Shipping Notice 02/2016

5.3 The Vessel will be subject to Annual Surveys not more than 3 months before or no later than 3 months after the anniversary of the expiry date to maintain the validity of the SOC-CCA, and will be subject to a Renewal Survey every 5 years.

MARPOL Annex I Survey and Certification

MARPOL Annex IV Survey and Certification

MARPOL Annex VI Survey and Certification

 

 

For more information please download the relevant Shipping Notice   SN 2016-02 CYC REV2 24AUG2016

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