SHIP DOCUMENTS

Vessel Registration and

Documentation

Purpose of ship registry are to establish

nationality and title of the ship (the right to
fly the registering state), transfer of
ownership, protection against any
threatening parties, and signify the
jurisdiction of the state over the ship.
It establishes who holds the current
registration of the vessel.
Registration system does not protect good
faith purchasers from the acquisition of
stolen or lien burdened vessels because no
chain of title is provided.

REGISTRATION PROCEDURES

Application for registration by the owner or

authorized representative
A copy of the ships International Tonnage
Certificate,
Proof of qualification to own the ship,
The vessel conforms to all the standards
required by the relative international
conventions
Evidence of seaworthiness

DOCUMENTS REQUIRED

Copy of Certificate of Incorporation (If

owner/charterer is a body corporate)
Certificate of Survey for Tonnage &
Measurement
International Tonnage Certificate (ITC69)
Builders Certificate (for new builds)

SHIP DOCUMENTS
Ships documents are the total of various
files that can prove ship ownership,
performance, technology status and
necessary working conditions.
Ships documents can be categorized into:
Shipping documents
Administrative documents
Classification Certificates
Miscellaneous Documents
Other documents

DOCUMENTS CATEGORIES
A. Certificates and documents issued by a
certifying authority who could confirm that
they have been issued to a ship.
B. Documents and manuals that are
necessary for the operation of the ship.
Some of these are issued by authorities
and the authority could confirm their issue.
However, they must be kept on board.
C. Documents recording various aspects of
ship operation. These must be kept on
board.

OTHER DOCUMENTS

Ship Security Plan (SSP)

Continuous Synopsis Record (CSR) document
Document of Compliance and Safety
Management Certificate
Certificate of class
Cargo ship safety equipment certificate
Cargo ship safety construction certificate
International oil pollution certificate
Minimum safe manning certificate
Load line certificate
GMDSS safety radio certificate
Declaration of transfer
Bill of sale

Carriage of Goods

The most important document is the

bill of lading.
A bill of lading is basically a contract
of carriage but a very special one.
The bills control possession of the
goods and allow for the financing of
the movement of merchandise and
commodities around the world
The good faith purchaser of a bill of
lading, or holder in due course, is
given privileged status.

Carriage of Goods

Cont..

The most important mercantile shipping terms

for the sale of goods are: F.O.B., C.I.F. and
F.A.S.

F.O.B. (Free on Board) shipment, the risk passes to

buyer at the F.O.B. point. The F.O.B. point can be the
seller's factory or warehouse
C.I.F. stands for Cost, Insurance, Freight, a term
followed by the port of destination
F.A.S. (Free Alongside) followed by "vessel" at some
specific port. The sale is consummated when the
seller delivers the goods alongside the vessel. The
difference between "F.O.B. vessel" and "F.A.S.
vessel" is that in the F.O.B. the seller bears the risk
until the loading has been completed.

Carriage of Goods

1)
2)
3)

cont.

One of the most important issues dealt with

by maritime law is the loss for lost or
damaged goods.
to prevent shipowners from contracting out
of the duty to use care to put his vessel in
good shape for the voyage, or the duty to
properly care for the goods aboard
Among the duties of a carrier are the
exercise of due diligence to
make the vessel seaworthy;
properly equip, supply and man the vessel;
make the holds, cooling compartments and all
other areas where the goods are to be stored, fit
and safe for their reception, preservation and
carriage.

Marine Insurance

The assured or insured agrees to pay a

premium and the insurer agrees that, if
certain losses or damage occurs to certain
interests of the insured, the insurer will
indemnify the insured.
The marine policy may cover the risks of a
single voyage, or may insure for a certain
period of time
Hull insurance, or vessel insurance, may
cover a ship or a whole fleet.

Marine Insurance cont

The marine insurance contract is one which

requires the highest degree of good faith. Any
misrepresentation of a fact which is material
to the underwriter will void the policy.
Under a marine policy a loss can be partial or
total. Total losses can be actual or
constructive.
Most marine insurance policies are "agreed
value" policies which means that the insured
and the underwriter have already set a value
for the insured vessel

INSURANCE RELATED
MARINE RELIABILITY

VARIOUS ASPECTS OF MARINE

LIABILITY

Cargo Owners Legal Liability

to protect cargo owners for any legal liability and
defense costs they might attract through the
properties of their cargo whilst in the ordinary
course of transit and in its customary packaging, or
its incorrect handling by others.

Carriers Legal Liability

provides cover for actual and contractual carriers for
liabilities imposed by the Carriage of Goods Act
1979.
Liability for loss or damage to goods imposed on the
carrier under the Carriage of Goods Act for goods
carried on a Limited Carriers Risk basis.
in a situation where property loss occurs by the act
of saving or attempting to save life

VARIOUS ASPECTS OF MARINE

LIABILITY

Charterers Legal Liability

provide protection for the various charter types
from bareboat, or demise charters, to voyage and
time charters, this includes:
Liability of the charterers for loss, damage or shortage of
cargo on the vessel;
Liability of the charterer for loss or damage to the vessel;
Liability for misdirection or inadvertent wrongful release of
cargo;
Removal of wreck;
Liability of the charterer for unrecoverable General Average
or salvage contributions;
Diversion expenses to land sick or injured crew or
passengers;
Liability for personal injury to passengers, crew or other
persons on the vessel;
Collision liabilities;
Fines, certain legal and associated costs.

VARIOUS ASPECTS OF MARINE

LIABILITY

Freight forwarders Legal Liability

Liability for damage to cargo under international

conventions such as the Hague Visby Rules, the
Warsaw Convention and its Protocols and
amendments
Liability for misdirection or delay in cargo delivery
due to an error on the part of the forwarder;
Fines and / or penalties imposed for breaches by the
forwarder of customs, GST or import regulations;

VARIOUS ASPECTS OF MARINE

LIABILITY

Port Operation Liability

encompassing all aspects of their operations from
vessel berthing and cargo handling, this includes:
Loss or damage to third party property, including cargo
and vessels, arising out of cargo handling/storage
operations;
Liabilities assumed under contract rising out of port
operations;
Removal of wreck;
Loss or damage to vessels due to incorrect navigational
information given or lack of navigational aids;
Loss or damage to vessels as a result of inadequate
berthing facilities provided;
Loss or damage to third party property as a result of
repair operations;
Liability for personal injury to persons other than staff