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Old 19-01-2017, 20:36   #91
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Re: Best country to flag

Lou, there are a number of factors to consider.

1. What are your actual cruising plans?....(Home waters or mostly International)?

2. Is Flag state yacht friendly or are they mostly Commercial in how they handle their registered yachts?

3. Do they have Duty Free ports which can become your port of registration to avail of tax free imports and fuel plus minimize any taxes at purchase or eventual sale of yacht ?

4. Are their Registration rules becoming top heavy in costs requiring local companies to be formed and exorbitant annual agency fees to renew annually?
(A common trend)

5. Does the Flag State have a good reputation in supporting their registered vessels if in distress?

6. Are they ratified signatories to International protocols such as SOLAS yet allowed to exempt pleasure yachts from non practical regulations?

7.Are you living in a Foreign country, where your immigration rights and resident status is only temporary?

8 Annual costs to register elsewhere other than your place of residence?...(it can vary dramatically! )

It is always good to compare costs between Agents

Many have asked who I have used in Langkawi.....
Company called Eden Bay Enterprises

Contact Marlisa for comparative details at:

operations.edenbay@gmail.com
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Old 20-01-2017, 10:42   #92
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Re: Best country to flag

Thank you for the information and taking the time to post it. Fair winds ,Lou
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Old 25-01-2017, 08:54   #93
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Re: Best country to flag

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Originally Posted by RPZ View Post
I am not a bureaucrat, but I do know about jurisdiction having several years worked for a U.S. Department of Defense law enforcement agency in a foreign country. There were areas of U.S. jurisdiction (U.S. Forces bases and facilities), areas of concurrent jurisdiction (overlapping), and areas of foreign jurisdiction (host nation).

Your example of two U.S. flagged private yachts detained for lack of safety equipment is a common occurrence. If you fail to carry such equipment in compliance with the host country's marine safety laws in their waters it can happen.

I challenge you to find a single documented example of a private noncommercial sailboat's master being cited, fined or having their boat seized as a result of failing to comply with the SOLAS regulations on the high seas.

Secondly, called the U.S. State Department and ask them who has jurisdiction onboard any registered U.S. flagged vessel on the high seas.

Thirdly, call the government of Langkawi and ask them just out of curiosity if you can carry firearms on your Langkawi flagged private sailboat. I will say they will tell you, NO. Why? Because on board a Langkawi flagged vessel is Langkawi sovereign territory.

Now, when you enter the waters of any other country you will be subject to their sovereign laws and jurisdiction. For example in some countries a flare gun ( legal in the U.S. as a distress signal) is illegal.

International laws are the result of treaties between nations for national defense and trade. Codes and regulations for air and sea traffic apply to commercial flagged vessels.

Try and find a single documented example of a U.S. citizen being fined, imprisoned or having their noncommercial U.S. flagged sailboat "violating a SOLAS regulation under international law" on the high seas. You will not find one.
Hi!

We have all our yachts armed at-least with a pistol to protect life and property on-board. Below is an email from our agent back in 2007.

Joe Abdullah <joabdullah@rocketmail.com>
To Elise Harper Jan 02 at 2:56 PM
Dear Mrs.Harper,

Good day.

Reference to your email earlier refer.

Thank you for the last and noted.

You or anyone can carry firearm in Malaysia provided that they must first obtained a license from the Home Ministry.

There is no issue for your mega-yachts to be armed. All LIYR yacht either commercial or private can be armed to protect the property and life on-board, but Owners for the yacht MUST obtained a license from the Authority and/or if no license issued the Owners must declare the fire arms to the Authorities (Home Ministry, Custom and Police) before arrival and shall be kept by the authority while yacht berth in port.

For your info., we have yachts armed with arms drone, early warning missiles detection system, lethal sonar, canon, AK-47, M-16, pistols and others. They all need to complied with SOLAS' rules and Regulations for fire arms.

Please do not hesitate to contact us if you need further clarification.

Thank you and best regards.

Ms.Layla Avila Shariff,
Licensing and Registration Executive,
Malaysian Marine Supplies Sdn. Bhd.
Tel:+607-3321260. Fax:+607-3332261.
Email: Info.Marine@rocketmail.com
Web: Malaysian Marine Supplies Sdn. Bhd.


image

You are a real funny guy. Talking about "High Seas". Who's care about high seas, Trump or Putin?. There are lots of good maritime academy in US, such as State University of New York Maritime College, US Merchant Marine Academy, California Maritime Academy, Great Lakes Maritime Academy and more and I personally suggested you to attend for some good courses there.

Please surf www.facebook.com/LangkawiRegistry and you will find one being arrested.
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Old 25-01-2017, 09:07   #94
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Re: Best country to flag

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Originally Posted by Pelagic View Post
Welcome to CF Helise.

Please read the 'be nice' rules as it will help you make more sales as an Agent for Langkawi. Registry.

I agree that Langkawi is a good choice but I noticed your costs were considerably higher than the Agent I use.

Are you able to give us a break down of your charges?
Hi! Pelagic,

Sorry, we are not an agent, but an owner and charter company. An agent must obtained a certificate from the Ministry of Transport Malaysia.

Quality and service are the most important for us. Advised you to check with your Agent either they obtained the certificate from the MOT Malaysia. If no, it will make your yacht registration null and void. This is written clearly in the Act 630 of Langkawi International Yacht Registry 2003.

Cheers.....
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Old 25-01-2017, 09:18   #95
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Re: Best country to flag

Helise,

Yes, and the license required to even own a firearm is almost impossible for ordinary folk to obtain.

The more exotic equipment you mention is pretty much limited to the super wealthy and their superyachts.

My point was that there are differences between the laws of nations, and that is why, for instance, a U.S. citizen on a U.S. flagged yacht may carry any legal (in the U.S.) firearm on the high seas. Whether SOLAS, the U.N., or anyone else says otherwise.

That jurisdiction actually extends into territorial waters of other nations on a foreign flagged vessel. With the exception of carrying prohibited items, and some crimes where a host nation will claim what is called primary jurisdiction.

Read the thread entitled " More problems with Australian customs", note the post # 15 by Pelagic. The extent to which any host nations recognizes that a foreign flagged vessel is foreign sovereign territories varies of course.
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Old 25-01-2017, 13:02   #96
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Re: Best country to flag

Quote:
Originally Posted by helise View Post
Hi! Scotty,

Yes, we do. Before registration you need to form an IBC, Vanuatu local registration office, local director and secretary etc and yearly fees. Costs between USD2,800.00 to USD3,500.00/annum.

Attached below for your info.

Pleasure yachts registered under the flag of Vanuatu are subject to the maritime laws of the Republic of Vanuatu.

What is needed?

1. Application for Registration of Pleasure Yacht.
2. Declaration of Pleasure Yacht Owner.
3. Notarized proof of vessel ownership.
4. Certified copy of any foreign marine document or registration of vessel
5. Proof that vessel is seaworthy. This may include survey documents of inspection reports not greater than three months from date of receipt of application.
6. Insurance, proof that registered owner has and continues to hold public liability, pollution clean-up, and wreck removal insurance coverage for amounts appropriate to size of vessel.
7. Two 4 x 8 inch colour photographs of the vessel. One taken from portside bow to stern and one taken from starboardside stern towards the bow.
8. Required fees.
9. If Vanuatu is to be the home port of the vessel, you will also require a Radio Station License.

FEE SCHEDULE

Yacht Registration
To provide Vanuatu registration for your private vessel including; compulsory Call Sign issued by the Vanuatu Maritime Authority and minimum 5 year Vanuatu Maritime Authority annual registration fee:
US$ 800.00

Vanuatu IBC & Yacht Registration
To incorporate a Vanuatu International Company and provide:

Registered Office in Vanuatu, Nominee Shareholder, Nominee Director, Secretary, Standard Constitution, Certificate of Incorporation, Share Register, Common Seal, Minute Book, First Resolutions, filing of statutory returns, B&W letterhead with use of post office box, fax number, email address & all Government charges for 12 months.

To provide Vanuatu registration for your private vessel including; compulsory Call Sign issued by the Vanuatu Maritime Authority and minimum 5 year Vanuatu Maritime Authority annual registration fee.



The total cost in year one:

US$ 1,550.00

The total cost annually for years 2,3,4 & 5:

US$ 800.00.

Goodluck....
This is all outdated by a few years. The VMA no longer exists and you cannot register any vessel less than 500 tonnes under the international registry.
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Old 25-01-2017, 15:52   #97
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Re: Best country to flag

Quote:
Originally Posted by helise View Post
Hi! Pelagic,

Sorry, we are not an agent, but an owner and charter company. An agent must obtained a certificate from the Ministry of Transport Malaysia.

Quality and service are the most important for us. Advised you to check with your Agent either they obtained the certificate from the MOT Malaysia. If no, it will make your yacht registration null and void. This is written clearly in the Act 630 of Langkawi International Yacht Registry 2003.

Cheers.....
Hi Helise,
Thanks for the heads up!
Just like here in the Philippines, we often have to watch out for 'fixers'

I am guessing that the company I use probably works directly with MOT for registry or thru a licensed Agent....but I will check and discuss that privately with you....the original documents received appear authentic.

As I have been involved in the Superyacht industry for many years as Captain & owners rep, I did steer a few big yachts their way and they also seemed satisfied.

I noticed from your website that you handle yacht insurance?

Are you able to provide just Third Party Liability cover for Marina needs ?

If yes, I will email you with my details for a quote.

Kind regards
nick
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Old 27-01-2017, 09:21   #98
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Re: Best country to flag

Quote:
Originally Posted by RPZ View Post
Helise,

Yes, and the license required to even own a firearm is almost impossible for ordinary folk to obtain.

The more exotic equipment you mention is pretty much limited to the super wealthy and their superyachts.

My point was that there are differences between the laws of nations, and that is why, for instance, a U.S. citizen on a U.S. flagged yacht may carry any legal (in the U.S.) firearm on the high seas. Whether SOLAS, the U.N., or anyone else says otherwise.

That jurisdiction actually extends into territorial waters of other nations on a foreign flagged vessel. With the exception of carrying prohibited items, and some crimes where a host nation will claim what is called primary jurisdiction.

Read the thread entitled " More problems with Australian customs", note the post # 15 by Pelagic. The extent to which any host nations recognizes that a foreign flagged vessel is foreign sovereign territories varies of course.
Hello RPZ,

The point was all Langkawi registered yachts can carry fire arms on-board. If the owner do not obtained a license from the authority, they should declare it before arrival on every ports.

These apply to all merchant vessels of the world, regardless of her flagged. I was a Mate on-board British, American, Australian, Panama, Monrovia, Kuwaiti, Singapore and Bahamas flagged ships. You can search the Logbook of Mv.Latitia Lykes of American Lykes Line in mid eighty-one for my name as a First Mate.

These apply to Australian Territorial waters and Australian Customs too. Declaration of having any type of fire arms on-board is a MUST before arrival. You must understand the sailing direction and port regulations for every ports you gonna visit.

Secondly, no one care what you gonna do on the high seas. You complied with all the SOLAS, COLREG, MARPOL, MLC 2006, UNCLOS, CLC etc. but once crossed the territorial waters and/or EEZ you throw everything overboard and no one care lol......that's the rule on the high seas.

So, you can write whatever you like but please do not confuse the readers and much better not to write at all if know nothing!. Be an American does not means you know everything and nothing great about it.

Cheers.....
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Old 27-01-2017, 09:39   #99
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Re: Best country to flag

Quote:
Originally Posted by Pelagic View Post
Hi Helise,
Thanks for the heads up!
Just like here in the Philippines, we often have to watch out for 'fixers'

I am guessing that the company I use probably works directly with MOT for registry or thru a licensed Agent....but I will check and discuss that privately with you....the original documents received appear authentic.

As I have been involved in the Superyacht industry for many years as Captain & owners rep, I did steer a few big yachts their way and they also seemed satisfied.

I noticed from your website that you handle yacht insurance?

Are you able to provide just Third Party Liability cover for Marina needs ?

If yes, I will email you with my details for a quote.

Kind regards
nick
Hello Nick,

For your info, there are only four Minister Authorized Agents for LIYR and you can search it from the Marine Department of Malaysia's website.

Insurance! No, we do not handle any insurance policy. We insured all our Langkawi registered yachts through our Langkawi Agent, You may contact him, Captain Joe Abdullah (STCW 1st Class Unlimited Master Mariner and LLB in Maritime Laws) directly at mobile number +6019-7990170 or email address at Joabdullah@rocketmail.com.

Thank you and have a nice weekend.....
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Old 27-01-2017, 09:46   #100
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Re: Best country to flag

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Originally Posted by NoTies View Post
This is all outdated by a few years. The VMA no longer exists and you cannot register any vessel less than 500 tonnes under the international registry.
Hi! NoTies,

Ok, that's new! Thanks for the info.
We have a yacht (355 grt) registered under VMA back in 2009 - 2012.

Regards.
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Old 27-01-2017, 10:09   #101
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Re: Best country to flag

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Originally Posted by helise View Post
Hello RPZ,

The point was all Langkawi registered yachts can carry fire arms on-board. If the owner do not obtained a license from the authority, they should declare it before arrival on every ports.

These apply to all merchant vessels of the world, regardless of her flagged. I was a Mate on-board British, American, Australian, Panama, Monrovia, Kuwaiti, Singapore and Bahamas flagged ships. You can search the Logbook of Mv.Latitia Lykes of American Lykes Line in mid eighty-one for my name as a First Mate.

These apply to Australian Territorial waters and Australian Customs too. Declaration of having any type of fire arms on-board is a MUST before arrival. You must understand the sailing direction and port regulations for every ports you gonna visit.

Secondly, no one care what you gonna do on the high seas. You complied with all the SOLAS, COLREG, MARPOL, MLC 2006, UNCLOS, CLC etc. but once crossed the territorial waters and/or EEZ you throw everything overboard and no one care lol......that's the rule on the high seas.

So, you can write whatever you like but please do not confuse the readers and much better not to write at all if know nothing!. Be an American does not means you know everything and nothing great about it.

Cheers.....
Nothing new to me. No one need to be confused, my original point was, and is, that private boats need not comply with SOLAS etc. Only with the rules of their flag, and the rules of any host country whose waters they enter. And that "international law" is a non secateur when it comes to private vessels on the high seas. My place of birth nor nationality has nothing to do with it. And people should not be confused about the realities when they choose a flag. If they are Mr Joe Average with a 50 foot boat flagged in Langkawi they will not get a license for firearms. It wont happen. That's a fact.
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Old 27-01-2017, 10:21   #102
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Re: Best country to flag

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Because on board a Langkawi flagged vessel is Langkawi sovereign territory.
That is not true unless the boat is in Langkawi territorial waters. Try claiming that boat is Lanhkawi/Malaysia sovereign territory when inside territorial waters of another country and let me know how it goes.
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Old 27-01-2017, 11:08   #103
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Re: Best country to flag

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That is not true unless the boat is in Langkawi territorial waters. Try claiming that boat is Lanhkawi/Malaysia sovereign territory when inside territorial waters of another country and let me know how it goes.
You didn't read my whole posts. Check the thread about problems with Australian Customs and post #15 by Pelagic. The extent to which hosts countries recognize this will vary.

Reid, the so-called shoe bomber is in a U.S. Federal prison after being tried in a U.S. Federal Court. Muse was tried in a U.S. Federal court, and is in a U.S. Federal prison for his part in the MV Maersk Alabama incident. Why? Because the plane was a U.S. flag carrier, and the ship was a U.S. flagged vessel.

And spell checker correction for my last post re: international law, the correct spelling is non sequitur.
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Old 27-01-2017, 17:01   #104
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Re: Best country to flag

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Originally Posted by RPZ View Post
You didn't read my whole posts. Check the thread about problems with Australian Customs and post #15 by Pelagic. The extent to which hosts countries recognize this will vary.

Reid, the so-called shoe bomber is in a U.S. Federal prison after being tried in a U.S. Federal Court. Muse was tried in a U.S. Federal court, and is in a U.S. Federal prison for his part in the MV Maersk Alabama incident. Why? Because the plane was a U.S. flag carrier, and the ship was a U.S. flagged vessel.

.
Your are confusing sovereignity and jurisdiction, which are two different (even if related) concepts. Your points on Reid and Muse backup the statement that US courts have jurisdiction over certain things that affected those two US ships, but they do not support your claim that a "Langkawi flagged vessel is Langkawi sovereign territory. or that a US-flagged vessel is US sovereign territory".
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Old 27-01-2017, 20:10   #105
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Re: Best country to flag

All flagged vessels as sovereign territory; the extent to which nationss honor that vary.

I'm not confusing anything. Sovereignty is intrinsic to jurisdiction. The United States government exercised its jurisdiction over crimes under laws of the United States because the aircraft was a U.S. flag carrier, and the ship, a U.S. flagged vessel. Its as simple as that.
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