Maritime (Amendment) Act 2012 (P.L. 2012-4)

1 2 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 18 19 20 21 22 NITIJELA OF THE REPUBLIC OF THE M SHALL ISLANDS 33RD CONSTITUTIONAL REGULAR SES ION,2012 BILL NO.: 17 .l· '2D\1. AN CT to amend 102, 107, 109, 112,203,211,303 of he Republic of the Marshall Islands Maritime Act (the "Act") and to add a new section 214 to the Act. BE IT ENACTED BY THE NTTIJELA Of THE REPUBLIC OF THE MARSHALL IsdNDS: Section I. Shol·t Title This Act may be cited as the Maritime (1 mendment) Act, 201 2. Section 2. Amendments 1 Section 102 2 of the Act is amended to ead as follows: §102. Statement of policy; application. (I) This Title is intended, and shall be c nstmed, to encourage and foster the growth and development of the foreign and domestic conml rce; to promote and protect the national defense and security of the Republic of the Marshall rs. ands (hereinafter sometimes referred to as "the Republic"); to preserve and protect the marine nvironment; and to regulate a uniform national program of marine safety, inspection and docum ntation. (2) Vessels engaged in foreign trade d vesse ls under const.ruction not exclus ively under Chapters 1 through 8 of this Title. (3) Chapter 9 of this Title shall apply to any vessel operating exclusively within the 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BILL NO.:17 V. \.. ~l'l..-Y (4) All matters affecting the internal oJer and economy of vessels registered under the laws of the Republic engaged in foreign trade I d domestic commerce, including labor relations, shall be governed by thi s Title. 2 Section 107 d of the Act is amended to ead as follows: §107. Records relating to vessels. There shall be maintained at the centrr l office of the Maritime Administrator in the United States of America a public register consist ing of appropriate indexes where there shall be recorded or fil ed, in properly allocated and a cessible fonn, all documents of the following nature: (a) bills of sale and other inst uments of conveyance of vessels; (b) mortgages of vessels ; (c) assignments of mortgage ; (d) certificates of permane t and provisional registry and construction certificates of registry; (e) licenses and certificates 0 officers and members of ship ' s crew; (f) all other documents relating t vessels and which are entitled to recordation. 19 ..,(3'-')'------'S"-'e"'c"'ti"'o"'n-'I'-"0"'9'-'0~f' 't"'h"'eC!A"'c"'t' 'i" s.'"arn""'ee!n",d",e",d-,t",o-"r-",eaT--",as"-",fo",I",lo,,,w~s: 20 21 22 §109. Authority to issue licenses, certificates and other documents. (1) The Commissioner, each Deputy Commissioner or tlleir duly authorized agents on behal[ of the Maritime Administrator are authL ized to issue all such licenses, certificates, or r BILL NO.:17 other documents for officers and ship 's perso I p.L.WI~-q 2 trade that are subject Lo the International Conve tion on Standards of Training, Certification and 3 Watchkeeping, 1978, as amended and revised fi om time to time (STCW Convention), necessary 4 or proper for carrying out the purposes of tllis Title, and any Rule or Regulation promulgated in 5 fUltherance hereof or of any International Conv ntion, Code or Agreement to which the Republic 6 is or may become a party. 7 (2) In aid of licensing, certificating and up-grading of ship's officers and personnel, the 8 Maritime Administrator shall, from time to tim establish such standards, Rules and Regulations 9 as shall be deemed by it to be necessary and ap ,ropriate to carry out such purposes and maintain 10 the high standards of the Merchant Marine oftb Republic. 1\ (3) Fai lure of an owner of a vessel of t e Republ ic to file any required report relating to 12 officers and other ship 's personnel employed n the vessel shall result in an automatic fine of 13 one thousand five htmdred dollars (US$J,500) for each offense, and until paid each such fine 14 shall constitute a maritime lien on the vessel. 15 (4) Failure of an owner of a vessel, ther than a vessel under construction, of the 16 Republic to ensure that eacb officer employed on the vessel is the holder of a valid license of 17 competence of the Republic to fi ll the position held by him shall subject the owner (0 a fine of 18 seven hundred fifty dollars (US$750) for each fficer so employed who is not the holder of such 19 license of the RepUblic. Where such failure is dmitted or is established by any required report, 20 the fine shall be automatic. If, however, a prop r license of the Republic for each such officer is 21 obtained within thirty (30) days of notice ITom he Maritime Administrator, the fine with respect BrLL NO.:l7 2 vesseL 3 4 4 Section 112 of the Act is amended b adding the followin definitions in al habetical 5 order in relation to the current definitions and anv other amendments to th is section. 6 renumberin the subsections accord in I 7 §1l2. Definitions. 8 0) The words "construction contrac ", as used t11roughout this Title, shall mean a 9 contract for the building, construction, or other brication of a vessel. 10 I I 12 13 14 15 16 17 18 19 20 (2) The words "vessel under constructi n", as used throughout this Title, shall mean a hull or one or more other structures, assembl es , components, modules, or other property on which physical construction or assembly w rk has begun or commenced pursuant to a construction contract to which the applicant for registration is a party as evidenced by the laying of the keel or similar act as may be deterrninr in Ru les and Regulations promulgated by the Maritime Administrator, which hull, structure(sl, assembly(ies), component(s), modules, or other property is or are designed and intended cumul tively to become and be, upon completion, one single vessel, and shall also mean and include all materials, parts, components, equipment, or other property (l) incorporated therein or attac ed thereto, or (2) in the possession or control of the builder and either (i) identified thereto or 0 the vessel construction contract by markings, physical segregation, records, or otherwise, or (ii) otherwise intended to be incorporated in or 2 1 attached to the completed vessel pursuant to le terms of the vessel c.Oonstruction contract 22 collectively comprising the whole of the vessel. BILL NO.:17 e· L. '2on.- q 2 "f S~)L---,S",e",c,,-t ,,,,' 0",n,-,2",0,,-,,3~0 f,---"fh"eO-'A=ctC.!i",s-,am"-'..ee",n...,d"e",d,-,t",02r",e",ad"--,,a,,-s -'Cf 0",1",1 o"-w"'-"'-s : 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 §203. Vessels eligible to be documented and ( e-documentcd. Vessels of the following classes are elig ible to be documented or re-documented under the provisions of this Chapter: (a) any sea-going vessel engaged in foreign trade, wherever built, oWlled by a citizen or national of the Republic, or a foreign maritime Jntity qualified in the Republ ic. (b) any deoked commercial fishing ve1sel of 24 meters or more in length, engaged in foreign trade, wherever built, owned by a citizen or national of tbe Republic, or a foreign maritime entity qualifi ed in the Republic . ( c) any oommercial yacht of 24 meters or more in length owned by a citizen or national of the Republic, or a foreign maritime entity qualified in the Republic. (d) any private yacht of 12 meters or mdre in length owned by a citi zen or national of the Republic, or a foreign mari time entity qualified in (he Republic. (e) vessels referred to in paragraphs (a\ (b), (c) or (d) of this Section wiilnol be eligible for initial documentation or re-documentation if, on January 1 of the year in which initial documentation or re-documentation is sought, such vessels are over 20 years of age, computed from completion of first construction. (f) any vessel lmder construction provii ed, that, a vessel under construction may only be registered in the name of the party making application for such registration provided that: I 5 BILL NO.:17 1 recordation of instruments under Chapter 3, and for good cause shown, permit such vessels to be 2 documented under this Chapter or cause such instruments to be recorded under Chapter 3. 3 4 ~(6~)~~S~e~c~ti~0~n~2~1~1~(~I)~of~tll~e~A~ct~J~'s~a~n~le~n~d~e~d~t~o~r~e~ad~a~s~fo~I~lo~w~s: 5 §211. Forms of documents. 6 (1) The Maritime Administrator or its duly authorized agent may prescribe and furnish 7 forms of Provisional and Pernlanent Certificates of Registry and Construction Certificates of 8 Registry. A vessel's documents shall be in the form prescribed by the Maritime Administrator. 9 (2) Thc Maritime Administrator or its duly authorized agent may prescribe endorsements 10 that may be made on vessel documents from time to time, with or without issuance of a new 11 document or surrender of the old document. 12 13 (7) A new section 214A is added immediately following current section 214 of the Act to 14 read as follows: 15 §214A. Conditions precedent to issuance of Construction Certificate. 16 (1) Upon receipt by the office of the Maritime Administrator of the written application of 17 an owner of a vessel under construction eligible for documentation under ilie laws of the 18 Republic and requesting the issuance of a Construction Certificate of Registry for the vessel and 19 upon payment of the prescribed fees to the officer receiving said application, the Maritime 20 Administrator or any issuing official listed in Section 213 of this Chapter, may issue a 21 Construction Cel1ificate of Registry for the vessel, provided the owner shall furnish proof 22 satisfactory to the Maritime Administrator or officer receiving said application: 7 BILL NO.:!? p. L. 101'1-9 CERTIFICATE 2 I hereby certify: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I. That Nitijela Bill No.ll was passed by the Nitijela of the Republic of the Marshall Islands on the Sih day of Oo\oVW ,2012; and 2. That I am satisfied that Nilijela Bill No.l1 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshal l Islands and the Rules of Procedures of the Nitijela. 1 hereby place my signature before the Clerk this t l. -t\-l day of Oc--\o\?..I/Y 2012. Attest: Speaker Nitijela of the Marshall Island II Tadashi Lometo Clerk Nitijela of the Marshall Islands