Registration of Merchant Ships (Amendment) Act, 1996 (No. 5 of 1996)

No. 5 of 1996 I assent, (DR. COLVILLE N. YOUNG) (C,overnor-Genera/) 30th March, 1996 AN ACT to amend the Regis1ration of Merchant Ships Act, Chapter 196 C of the Laws of &lize, ReviEed Edition 1980 • 90, to provide for the better regulation and control of the International Merchant Marine RcgMry of Belize; to provide for the appointment of Senior Deputy Registrar at the Head Office of the Regis1ry; to increase the powers of the Head Office with respect to Deputy Registrars at designated offices outside Belize; to prescribe the qualiffcations and requirements for appointment as shipping agents; to streamline the technical operations of the Registry; to strengthen the powers of the Regis1rar to deregister vessels or impose penalties on shipowners for violating the provisions of the Act or any international conventiom or United Nations sanctions; and to provide fur maUen cuuneded therewith or iucilleut.al lhe1·eto. (Gazetted 30th March, 1996.) BE IT ENACTED, by und with the adFke a,id cousent o/tl,e House of RepresenJalives and the Senate of Belu.e and by the audwrily of the same, as follows: !. This Act may be citoo as the REGiliTRATlON OF MERCHANT SHIPS /AMENDMENT\ ACT. 1996 St.ortdtk,, CAP.196C Am.embnem 1tf 1.etion:t, and shall be read and construed as one with the Registration ot" Merchant !>hips Act, which 1sheremafter referred to as the principal Act. 2. Section 2 of the principal Act is hereby a,mended by the addition of the following new definitions in their proper alphabetieal order: "Head Office' means the office designated by the Registrar from time 1o time under section 3 of this Act to house the main operations of IMMARBE.; "Senior Deputy Registrar" means the Senior Deputy Registrar of Merchant Shipping appointed under sec­ tion 4 of this Act. 3. Section 4 of the principal Act is hereby amended by the repeal of subsection (2) thereof and the substitution therefor of the following new subsections: "(2) The Registrar may appoint Deputy Registrars of Merchant Shipping to facilitate the operations of IMMARBE. both within and outside Beltre. (3) The Registrar may appoint a Senior Deputy Regis­ trar of Merchant Shipping to assume responsibility for the operations of the Head Office. ( 4) The Senior Deputy Registrar shall have all the powers of the Registrar except the powers contained in this section or in section 3 (2). (5) A Deputy Registrar shall have such powers as may be assigned tn the instrument of appointment or as may from time to time be del"!lated to him by the Senior Deputy Registrar. (6) The day-to-day operations of!MMARBE shall be conducted by the Head Office and the Senior Deputy Registrar, who shall have authority to pass resolutions and issue cin::ular letrers IO racilitate the implem<>1ca­ tion of the provisions of this Act and any regulations made thereunder. (7) All Deputy Rcgistnirs shall comply with and assist in the implementation of the resolutions and ciroulo.r letters referred to in subsection (6) above and follow all instructions and directives. given to them by the Regis­ trar or by the Senior Deputy Registnir. • 4. Section 6 of the principal Act is hereby repealed and replaced by the following: "6. (1) Every vessel accepted for registration in IMMARBE shall first be granted a provisional registra· tion which shall be valid for six months. (2) Notwithstandin¥ subsection (1) above, an appli­ cant may apply immediately for permanent registration of a vessel in accordance with section 7 (3). (3) Pnorto the expiration of the period of provisional registration, an applicant shall apply for the permanent registration of the vessel in accordance with the provisions of this Act or any regulations made thereunder. (4) Notwithstanding subsection (2) above, an appli­ cant may apply for up to two quarterly extensions of the period ufpruvisional registr.:1.tion upon payment of the prescribed fees.• 5. Section 7 of the principal Act is hereby repealed and replaced by the lollowing: •7. (I) Every application for provisional registration of a vessel in IMMARBE shall be submitted to the Head Office or a designated office in the prescribed form which shall be duly completed and signed by the shipowner or his authorised representative or the ship­ ping agent of the vessel. Such application shall be a,;companled by a duly norarlzed power of arwrney in favour of the vessel's agent. (2) Every application for permanent registration of a vessel in IMMARBE shall be p1c:ccdcd by tht: pct ma~ nent registration of the title thereto at the Head Office. (3) Subject to subsection (2) above, every applica­ tion for permanent registration shall be submitted to the Rtp,eal ud N!placemeut of •«tiou6. Repeal 1t11cl np1M:emm1 01 a«tioaT, R., .. d ~(I.Utot 1«1ion9. Head Office, and shall be a<:companied, where appli­ ooble, by the following documents: (a) a duly notarised bill of sale, or a duly notarised builder's certificate, if the vessel is a new building; (b) an original deletion certificate or a certified copy of the extract of registry from the previous flag administration. (c) a duly notarised power of attorney in favour of the shipping agent of the vessel; and (d) in the case of a vessel which is over twenty years old, an inspection report prepared by an authorised Government Safety Inspec­ tion (GS!) Surveyor stating that the vessel has passed an inspection to determine sea~ worthiness." (e) an original or a certified true copy of a tonnage certificate issued by a survey com­ pany authorised by IMMARBE. 6. Section 9 of the principal Act is hereby repealed and replaced by the tollowing: "9. (1) There shall be maintained at the Head Office of IMMARBE a register to be known as the "International MerchantMartneReglsterofBellze", containing infor­ mation concerning all vessels registered in IMMARBE and such particulars as the Registrar may specify from time to time. (2) All Deputy Registrars operatin~ in designated offices shall maintain a record comprismg of informa­ tion concerning the vessels registered in IMMARBE through them and such particulars as the Rcgfatrar may specify from time to time. (3) On the completion of the registration of a vessel and upon payment of the prescribed fees, the Registrar, the Senior Deputy Registrar, or the Deputy Registrar, as the case may be, shall grant a certificate of registry (provisional or permanent) comprising the particulars re1:.pecting the vessel entered in the Register, (4) Where registration is effected by a Deputy RcgistrdJ, he shall furlhwith mrnsmit a cupy of the certificate of registration and of all official receipts to the Head Office.' 7. Section IO or the principal Act IS hereby amended by repealing subsections (2) and (3) thereof and substituting therefor the following: '(2) The execution by the purchaser of a protocol of delivery and acceptance shall be deemed sufficient evidence that the vessel has been delivered to the purchaser. (3) The signatures on the bill of sale and protocol of delivery and acceptance shall be authenticated by a noLary public ur a Deputy Registmr of IMMARBE in the place where such documents are issued before they can be registered at the Head Office. (4 J The registration of the title to the vessel at the Head Office shall be necessary to complete the vessel's registration and the permanent registration of a mort• gage thereon.• 8. Section 11 of the principal Act is hereby amended by renumbering subsection (4) as subsection (5) and by inserting the following as new subsection (4)'.~ "(4) The signature(s) on the deed of mortgage shall be authenticated in like manner as prescribed in section I 0 (3) of this Act before the deed can be registered at the Head Office.• 9. Section 13 of the principal Act is hereby amended by repealing s.uhsection (2) thereof and replacing the~mehy the following: "(2) The preliminary registration of documents shall be \lalld fm :.ix munU1:,, a.mJ lihall have Lhesamc legal effocl as permanent registration, provided that permanent registration, is effected within the six months' validity period of preliminary registration, failing which the pteliminai:y n:gisUalmn shall lap~." Aol.11aduieut of llfdioalO. Ameodmeui of secl.ioull. Amendment or !IH'tlOn 14. Rep(!l\l ud replacemetot of soctioa 15. 10. Section 14 of the principal Act is hereby amended as follows: (a) by repealing subsection (1) thereof and replacing the same by the followin2> "(l) The preliminary registration of documents shall be effected at the Head Office through IMMARBE's Deputy Registrars and their designated offices on the basis of the applications submitted to them for that purpose"; (hi hy repealing suhse,etion (4). ('I) and (6) and replacing the same by the fol!owing: "(4) With every application for preliminary registra­ tion, the applicant shall deliver, in duplicate and duly authenticated in like manner as provided in section 10(3) and 11 (4) of this Act, the documents desired k> be so registered. (5) Upon verification that the application complies with all the necessary requirements, and upon payment of the prescribed fees, the Head Office shall effect the preliminary registration and shall issue or authorise the corresponding designated office to issue the certificate of preliminary registration. (6) After the completion of the preliminary registra­ tion, one set of documents delivered by the applicant under subsection (4) above shall be filed at the desig­ nated office through which the preliminary registration Wii.S effCl.'.u:.d, am.I Lil!! uthe1 ~t 31Jall be 1eturncd to the applicant with a special seal affixed thereto confirming that preliminary registration was effected by the said documents ... 11, Section 15 of the principal Act is hereby repealed and replaced by the following: " 15. (l )The permanent registration of titles, mortgages, assignments of mortgages, discharges of mortgages, supplements or addenda thereto, or any other documents rcluting to vessels which nre subject to this Act shall be effected at the Head Office provided that such documents art! in tht: prescribt'.U form aflll cumply wilh all the requirements of this Act or any regulations made thereunder. (L) lt the documents presente.d tor permanent regis­ tration have been preliminarily registered at IMMARBE in accordance with section 14 of this Act, the applicant shall resubmit the same set of documents returned to him pursuant to subsection (o) ot that section. (3) Where a document for permanent registration is in a language other than the Enalish lan2u~e. it shall be transiated into the English language, by a competent and qualified translator. (4) ThPrloc:11m('nt,;: r,;.hllll then he-.officially filed at the Head Office and shall be permanently registered in the corresponding record book provided that they are in the prescribed form and comply with all the requirements nf thi~ Act nr :my rPg11llltinm m:ide thereunder. (5) After permanent registration has been completed, one registered certified true copy of the ftled documents, duly 300lcd, together with a certificate of permanent registration containing the official date and time of permanent registration, shall be delivered to the aw\i<U1\, and the original oocumenti u""'1 fm ~ registration shall be kept on the vessel's file at the Head Office." 12. Section 17 oflhe principal Act is hereby repealed and replaced by the following: " 17. (I) Every vessel registered in IMMARBE shall h:ave at all time a shipping agent in Beliz.e appointl:'d by the shipowner. (2) Only (i) an attorney-at-law who holds a current practicing certificate issued in accordance with section 11 of the Legal Profession Repelllaud r,:pLu:-eat or fli:dM>R 11, ACt. CAP,"4i. CAP,)56A, CM.J06. N(i. lJ/1995. (ii) an accountant who possesses a current practising certifi('ate in ac.cordanc-.e with section 9 of the Accountancy Profession Act; (Ui) a company registered under the Companies Act which is a licensed bank or a financial institution within the meaning of the Banks and Financial Institutions Act; or (iv) a person designated for the purpose by the Attorney General may act as a shipping agent, (3) The Attorney General shall, after consultation with such persons and interest groups as he may consider appropriate, prescribe qualifications for per­ sons who may be designated as shipping agents under par.graph· (iv) of subsection (2) above. ( 4) Notwithstanding the provisions of subsection (2) ahove, the At.tnmt>-y GP.nf'n:i.1 may, ,after ~nn,;:11lt-1tion with such persons and lnterest groups as he may consider appropriate, disqualify any person or com pan>'. from acting or continuing to act as a shipping agent 1f he is satisfied that sur.h per.r.on or r..nmpany is engage-.Il in undesirable or unscrupulous activities or is otherwise not a fit and proper person or company to act as a shipping agent." (5) Every formal application submitted to IMMARBE shall be signed by the shipping agent of the vessel as well as by the shipowner or his duly authorised representative. 13. Section 18 of the principal Act is hereby amended by repealing subsection (2) thereof and replacing the same by the following:~ "(2) For the purpose of subsection (I) above, the applicant shall submit a formal application to IMMARBE giving foll details of the c.ontract, includ~ ing the name and address of the charterer and date of expiration of the said contract. If the vessel has a mortgage recorded on it, a notarised letter of consent from the mortg~gee s;h:i.ll .also be submitted." 14, Section 19 of the principal Act is hereby repealed and replaced. by the following: " 19 (1) For the duration of the dual registration provided for in section 18, the vessel shall continue to make all the relevant annual payments and other duu, and its title and any mortgage or other documents shall be registered exclusively at the Head Office. (2) Notwithstanding subsection (I) above, theappl!­ cant may deliver certified true copies of the documents registered at the Head Office to the authorities of the second Registry in order to render such dcx;uments a matter of public record at such Registry. Res-]aad replac11meat o( .uo .. u. 15. Section 20ofthe principal Act is hereby amended by ..., ........ ,, repealing subsections (2). (3) and (4) thereof and replacing """"''°· the same by the following: "(2) IMMARBE shall, upon payment of the fees spec ifierl in the Fin.t Schedule, i:1.s.11~ a special navigation Fin11Sched11le. and radio licence to the vessel which shall be valid for two years, but may be extended from time to time for like periods as and when necessary. (3) In every case of registration under this section, a notarised copy of the charter contract and a certificate of freedom from registered encumbrances or a regis­ tered Iienholder' s letter of consent shall be delivered bv the applicant to IMMARBE's designated office for record. (4) During the period of dual registration of a vessel at IMMARBB under this section, no title, deed1 mortgage or other document relating to such vessel, shall be registered at IMMARBE, and all such documents shall be registered at the vessel's mother registry," 16. Section 21 of the principal Act is hereby amended by rq,ealing paragraph (b) thereof and replacing the same by the following: "(b) salaries and any other labourpatmentsowed to the captain and other crew members for the last voyage of the vessel." Am&IMlmtat of aettlou21. 17. Section 22 of the principal Act is hereby amended as fulluws: (I) by repealing paragraph (b) of subsection (1) and replacing the same by the following: • (b) after three calendar months following the perma• nent registration of a change of ownership of the vessel:" (2) by repealing subsection (3) thereof and replacing the same by the following: '(3) Notwithstanding subsection (l) above, the regis­ tered ship mortgaie shall continue in full force and effect until such Orne as the discharge has been duly executed by the mongnge and registered at the Head Office or the mortgage is cancelled as a result of the sale of the vessel pursuant to a court order." 18. Se,,tloo 24 of the principal Act is hereby amended by renumbering that section as subsection (I) thereof and by adding the following as subsection (2): '(2) Such regulations may provide that any contraven­ tion or breach thereof shall be punishable by Order of the Registrar to a fine not exceeding ten thousand dollars. or on summary conviction before a Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. • 19. Section 25 of the principal Act is hereby repealed and replaced by the following:· "25. Where a vessel registered in IMMARBE infringes, violates or engages in an activity in breach of this Act, or any regulations, resolutions or circular notes or letters made or issued thereunder. or any international convention to which Belize is a party, or any United Nations sanctions, the Registrar may revoke the regis­ tration of such vessel from IMMARBEor impose a fine not exceeding fifty thousand dollars." 20, Section 26 of the principal Act is hereby amended by deleting all the word~ after the wutds "not exceeding five years' and replacing the same by the following: 11or to a fine not exceeding fifty thousand dollars, or to both such fine and imprisonment, and in every such case the ship in respect of which the offence was committed shall be forfeited." 21. The amendment made by section 12 of this Act to section 17 of the Principal Act shall be without prejudice to the position of shipping agents existing at the date of commencement of the said amendment who may continue to perform their functions as if this Act had not been passed, and all vessels registered in IMMARBE at the date of such commencement may in like manner (;Ontinuc to employ existing shipping agents, 22. This Act shall come into force on a day to be appointed by the Attomey General by Order published in the Gazette, and different days may be appointed for different provisions of this Act or for different purposes of the same provision. AmendwMt d Ml(ti(1nl6, Saving In tl'liiJWd of uisth1g •hipping •g~nL,.