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Web alert: Nairobi International Convention on the Removal of Wrecks – The issue of bareboat charterparties
News & Insights 17 February 2015
The club has received a number of enquiries from members who have ships registered in one state party but also bareboat-registered in another state party to the Nairobi Convention. The question then becomes, from which registry should the Nairobi Convention certificate be sought?
The club refers to its recent circular dated 28 January 2015, as well as its most recent web alert, dated 13 February 2015, on the Nairobi International Convention on the Removal of Wrecks ('the Nairobi Convention') which comes into force on 14 April 2015.
The club has received a number of enquiries from members who have ships registered in one state party but also bareboat-registered in another state party to the Nairobi Convention. The question then becomes, from which registry should the Nairobi Convention certificate be sought? The correct answer is either state can be approached.
The Nairobi Convention provides at Article 12.2 that “…such certificate shall be issued by…..the State of the ship’s registry”. So where a ship is registered with an underlying registry (e.g. Germany) and the ship is also bareboat-registered in another registry (e.g. Liberia), as both states have acceded to the Nairobi Convention, the registered owner may obtain their certificate from either state party. Furthermore, in such circumstances the Nairobi Convention certificate must be accepted by all state parties, in accordance with Article 12.9 of the Convention.
However, where this situation arises, i.e. underlying and bareboat registration of ships are both in state parties to the Nairobi Convention, it would be prudent for the registered owner to check the procedures and rules applicable in the underlying registry and the bareboat registry in order to ensure that they are not in breach of either registry’s rules on registration.
For information we attach IMO Resolution A.1028(26), dated 18 January 2010 in relation to the International Convention on Civil Liability for Bunker Oil Pollution Damage (‘the Bunkers Convention’) regarding ships that are bareboat-registered. The principles set out in this Resolution apply equally to the Nairobi Convention.
The club will continue to keep members informed of developments as to the Nairobi Convention through the issuance of regular publications, all of which can be found on the club’s website here.
The Standard Club is always on hand to assist. If a member has any queries in relation to this issue, they should not hesitate to call their usual club contact, or the author of this article.