Circular letter
MSC/Circ.1140-MEPC/Circ.424

TRANSFER OF SHIPS BETWEEN STATES

(adopted on 9 December 2004)

 

 

1. The Maritime Safety Committee, at its seventy ninth session, and the Marine Environment Protection Committee, at its fifty-second session, approved the procedure against which the transfer of ships between flags States might be considered, developed by the Sub-Committee on Flag State Implementation, as set out at Annex.

 

2. The procedure aims at increasing transparency in the relationship between flag States in the interest of maritime safety. The issue of transfer of ships between flag States is covered in a number of IMO conventions and instruments. Currently, these place the obligation for providing information relating to ships on the former flag State at the voluntary request of the new flag State. The recommended procedure, outlined in the Annex, attempts to encourage the new flag State to actively seek information.

 

3. Member Governments are invited to bring this circular and Annex to the attention on all parties concerned.

 

Annex.
TRANSFER OF SHIPS BETWEEN STATES

 

Recommended procedure

 

For a ship engaged on international voyages to enjoy the benefits and privileges, that may be bestowed upon it, it must be under the jurisdiction of a flag State, the flag of which it is entitled to fly. To facilitate transfer of ships between flag States and to increase transparency in the relationships between former and new flag States in the interest of maritime safety, the following procedure is recommended:

 

.1 upon the registration of a ship new to their registries, flag States should endeavour to ensure that the ship in question complies with the applicable international rules and regulations and, if necessary, liaise with the previous flag State;