Marine Insurance is as vast as the expanse
of the sea – practitioners or anybody dealing with insurance of cargo whilst
they are in transit from places, would sure have heard of the term ‘Flag of
Convenience’. In earlier days, when
there was tariff, there were many extras charged – which include Overage,
Undertonnage, non-classification, non-approval and of these Overage again
depended on whether the carrying vessel was flag of convenience.
Heard of
Tuvalu , formerly known as the
Ellice Islands, is a Polynesian island nation located in the Pacific Ocean,
midway between Hawaii and Australia . It comprises four reef
islands and five true atolls. Its nearest neighbours are Kiribati , Nauru ,
Samoa and Fiji .
In terms of physical land size, at just 26 square kilometres (10 sq mi) Tuvalu is the
fourth smallest country in the world. Tuvalu became
fully independent in 1978 and in 2000 became 189th member of the United
Nations.
Kilikiti is one of several forms of the game of
cricket. Originating in Samoa , this game is
popular in areas with strong Polynesian populations. The game is the national
sport of Samoa, is played in Tuvalu ,
and is particularly popular in New
Zealand . The ball is made of a very hard
rubber wrapped in pandanus. Players are not protected by any padding or masks.
The tiny-tot Tuvalu has acquired a fleet of
super-tankers, yes. The vision statement of Tuvalu
Ship Registry aims at elevating Tuvalu 's
Maritime status to world standards and claims of a wide range of advantages and
benefits that owners of Tuvalu
flagged vessels. They offer special
discounted fees for first-time Owners / Operators who flag their vessels under
Tuvalu; fleet discount for two (2) or more vessels registered at the same time
or within a period of 12 months; vessels below the age of 15 years – discount
increases as age decreases; vessels
above 20,000 GT – discount increases as GT increases. Their website further claims of fast and convenient
service coupled with efficient telecommunications, financial and legal services
readily available to owners. More importantly,
there is no restriction on the nationality of ownership and there is no
restriction on the nationality of officers or crew. Three is tax exemption as well.
Now read that statement again ‘Tuvalu has acquired a
fleet of super-tankers’ but in flag name only. Reuters Freight Fundamentals
reported that National Iranian Tanker Company had flagged 11 of its tankers,
including seven large crude carriers, to Tuvalu . They have also renamed the Tuvalu tankers, switching VLCC Hoda to Precious,
and other ships to European sounding names: Pioneer, Lena ,
Truth, Motion, Brawny and Blossom.
Arising out of the European Union ban on all Iranian
oil imports due to international sanctions citing Iranian failure to allow
international inspectors to verify its nuclear programmes, Merchant ships need
a flag from national ship registries to gain access to most of the world's
ports. Flags of convenience (FOC) allow shippers to avoid more stringent
maritime and employment regulations of major nations. In the case of the
tankers if any are involved in accidents, Tuvalu one of the world's poorest
states, would be powerless to pay compensation or help clean up.
There are reports of Tuvalu and Kiribalti offering registration
of vessels at low fees. It has had its repercussions
and reportedly a prominent US lawmaker asked the small South Pacific island nation Tuvalu to stop
reflagging Iranian oil tankers and warned its government of the risks of
running afoul of US sanctions. Primarily the reflagging of ships could make it easier for Iran to obtain insurance and financing for the
cargoes, as well as find buyers for the shipments without attracting attention
from the United States
and European Union.
In Marine parlance, the flag state of a commercial vessel is the state
under whose laws the vessel is registered or licensed. The flag state has the
authority and responsibility to enforce regulations over vessels registered
under its flag, including those relating to inspection, certification, and
issuance of safety and pollution
prevention documents. As a ship operates under the laws of its flag state,
these laws are used if the ship is involved in an admiralty case. The term "flag of convenience"
describes the business practice of registering a merchant ship in a sovereign
state different from that of the ship's owners, and flying that state's civil
ensign on the ship. Ships are registered under flags of convenience to reduce
operating costs or avoid the regulations of the owner's country. The term
"flag of convenience" has been in use since the 1950s and refers to
the civil ensign a ship flies to indicate its country of registration or flag
state.
With regards – S. Sampathkumar .
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