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Registration of a Vessel in the Bareboat Charter Register.

      As follows from para 1, Article 38 of the Merchant Shipping Code of RF, one of the documents submitted in the course of registration is the certificate of clearance of the vessel for navigation. The Code does not require to submit other documents confirming technical condition of the vessel.

      A similar approach is used in the Order of the Fishing Committee of RF dated April 4, 1996, No. 62 On Approval of Provisional Regulations of Vessel Registration in Sea Fishing Ports and the Instruction On the Procedure for Entering to the State Ship’s Register the Foreign Vessels Taken by Shipowners of Fish Industry Enterprises in Russia on a Long-Term Lease (Bareboat Charter) and Registered with a Russian Sea Fishing Port approved by the Order of the Fish Industry Committee of RF dated June 11, 1992, No. 131.

      Para 1.8 of Provisional Regulations stipulates that «The right to navigate under the State Flag of the Russian Federation may be temporarily granted to a foreign vessel chartered by a Russian shipowner on bareboat charter conditions. The decision to transfer such vessel under the State Flag of the Russian Federation and to register it with a Russian sea fishing port is taken by the Fishing Committee of RF». At the same time the procedure for temporary transfer of the foreign vessel under the State Flag of the Russian Federation and its registration with one of the sea fishing ports is defined by a special instruction.

      In compliance with para 1.12, 1.14 the vessels registered with the sea fishing ports are the vessels intended for catching, processing, and transportation of fish and fish products, the vessels providing fuel, etc. for fish catching process, ensuring protection of raw materials and safe work of fishing flotillas, providing repair of vessels, as well as training and research vessels of the fish industry system.

      Upon request of shipowners and with approval of the Fishing Committee of RF other vessels may be registered with the sea fishing ports, too, irrespective of their departmental affiliation and types of ownership, provided these comply with the requirements of the Regulations of service on the fishing fleet vessels of the Russian Federation and other normative documents of the Fishing Committee of RF. The decision to transfer a vessel under a foreign flag is taken by the Fishing Committee of RF. The requirements to the documents submitted in the course of registration are defined in section 3 of the Provisional Regulations. In order to enter the vessel in the State Ship’s Register or in a sea log the ship- owner presents, inter alia, to the Captain of the port the following:
-      a copy of the classification certificate;
-      a copy of the current certificate of the vessel’s clearance for navigation;
-      a copy of the measuring certificate (for the vessels to which the measuring certificate is to be issued in accordance with the Sea Register regulations).

      As regards the terms and conditions for operating a foreign vessel specified in the above Instruction, it is necessary to note the provisions which stipulate that the foreign vessel to be registered in the bareboat register must have, in accordance with international treaties signed by the Russian Federation, the following documents: a certificate of the safe construction of the cargo vessel, a certificate of the safe equipment and supply of the cargo vessel, etc. The period of validity of the certificates issued to the vessel by a foreign qualification agency should be about 4 years before the next qualification examination.

David E. Tiagai,
Doctor of Law,
General Director & partner

Vladimir P. Sumin,
Chief expert, associate lawyer


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