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REGISTRATION OF SHIPS UNDER PANAMANIAN FLAG
The Republic of Panama is well known for its merchant fleet, the largest in the world. Since 1925, Panama has offered its flag of convenience through its open registry, to the international shipping community. Since then, many improvements have been made to keep the pace of the technological progress and bring a modern and adequate service. All started with the enactment of Law No. 8 of 1925. The Office of the Merchant Marine of Panama (OMM) is the entity in charge of issuing Navigation Patents or Licenses, call letters and radio licenses to vessels, following official application for their registration under Panamanian flag. The services provided by the OMM extends and reach every part of the world through the Panamanian consulates, authorized as agencies for the Merchant Marine, located in the most important shipping centers of the world. This system allows the OMM to bring an expedite and effective service to all Panamanian flag vessels. We
can enumerate some of the advantages of registering a vessel under Panamanian
flag: II. HOW TO REGISTER A VESSEL UNDER PANAMANIAN FLAG. A.
Provisional Registration 1. Name of the vessel. 2. Vessel owners and domicile. 3. Former name of the vessel 4. Previous nationality of the vessel. 5. Entity in charge of the radio account and address (please see the detailed list of Radio Account Entities recognized by the Republic of Panama, in the Appendix). 6. Hull´s material. 7. Length of the vessel. 8. Breadth. 9. Depth (9, 10 and 11 in meters). 10. Type of service provided by the vessel (i.e. cargo, tanker, passenger, ferry, fishing, research, pleasure, drilling). 11. Country of building. 12. Year of building. 13. Name of builders. 14. Type and number of engines. 15. Number and type of cylinders. 16. Name of engine´s manufacturers. 17. Speed of vessel. 18. Horse power. 19. Classification Entity. (please see the list of entities recognized by the Republic of Panama). Important Notice: *
As a first requirement for the provisional registration of vessels under
Panamanian flag, the ISM Code is compulsory, for the following types
of them: *
The vessels exempted for ISM Code are: The
ISM Code consists of two documents: *
The International Ship & Port Security Code (ISPS Code) is also
in force in Panama. The following ships are subject to this code: They must have the following documents: *
A Ship's Security Plan, approved through the ship's class company. For registration of vessels in Panama coming from other registries, these documents issued by said registries will be accepted. Once registered under Panamanian flag, the ship must be furnished with these new ISPS documents, under Panama format. ( In the case of the ship's security plan, only a copy of the first and last pages will be needed for registration purposes ). Pleasure yachts carrying twelve (12) or more passengers will be subject to the ISPS Code. The same applies to the ISM Code. A fax copy of the valid Document of Compliance (DOC) and of the Safety Management Certificate (SMC) will be sufficient for registration purposes. The DOC and SMC under the present registry are sufficient for provisional registration in Panama, but new ones, under Panamanian registry must be produced immediately after provisional registration. Without copies of the ISM and ISPS Codes above listed, registration can not be obtained. However, if the ship does not have ISM or ISPS documents under the current registry, we can obtain assignation of call letters and navigation patent number upon payment of the registration fees only. That way, the class company can produce interim SMC and DOC, ISSC and CSR under Panama flag. Important Notice: * For the registration of oil tankers, specially those built prior to July 6, 1993, of a deadweight equal or superior to 600 tons, and in compliance with rule 13 (F) of MARPOL 73 / 78, must provide the following additional documents: 1.
Builder’s Certificate indicating the date of keel laying and the
date of delivery.
The navigation areas are classified as: A
1: Is the area within range of shore-based VHF stations ( 20 - 50 n
miles ). Following the registration proceeding, the vessel will be given a Provisional Navigation Patent (Patente Provisional de Navegación) valid for six (6) months and a Provisional Radio License (Licencia Provisional de Estación de Radio) valid for 3 months. The issuance of both, Provisional Navigation Patent and Radio License can be made in Panama or at any authorized Panamanian Consulate, at the request of the client, according to his convenience. This registration procedure can be done in 24 hours. B. Permanent Registration Once the vessel has been provisionally registered under Panamanian flag, the client must send the final documentation to our office so we can obtain the regular or statutory Navigation Patent and Radio License, valid for 4 years. The required documents are: 1. International Ship Security Certificate (ISSC) / ISPS Code, issued under Panama format by a Recognized Security Organization (RSO). 2. Continuous Synopsis Record (CSR) / ISPS Code, issued under Panama format by a Recognized Security Organization (RSO). 3. Safety Management Certificate (SMC) / ISM Code, issued under Panama format by a Recognized Security Organization (RSO). 4. Document of Compliance (DOC) ) / ISM Code, issued under Panama format by a Recognized Security Organization (RSO). 5.
Bill of sale and Acceptance of Sale. Note: If the vessel is registered under Panamanian flag without changing her ownership, that is, belonging to the same owner, then the Deletion Certificate of Previous Registry detailed hereunder, will serve as title of ownership and therefore no Bill of Sale will be required. If it is a new built, a certificate from the builder will be required, showing the dimensions of the ship and certifying that the ship was built by order of the owner ( indicating its name ) and that the cost of same has been paid. An acceptance of sale by the owner / buyer will have to be attached too. Any of the above documents must be legalized by a Panamanian consul or with Apostille, always indicating that the person signing the document is empowered to do so. 6. Power of attorney in favor of Vives y Asociados, legalized by a Panamanian Consulate or with Apostille. The Apostille is a standard legalization adopted at The Hague Convention of October 5, 1961. 7. Deletion Certificate from previous registry, duly legalized by a Panamanian Consulate or with Apostille. 8.
International Tonnage Certificate The tonnage certificate must be issued with the actual name of the vessel (or new name if applicable) and under the name of the actual owner (new owner if applicable). This tonnage certificate has to be a final one (not provisional) and must be issued by a classification entity recognized by the Republic of Panama, in accordance with the London Convention of 1969. Please see the list at the end of this brochure, in the Appendix. 9.
Application for Statutory or regular Radio License Notice:
1. Ships of less than 300 GRT or ships operating in areas A1 and A2 are exempted from carrying Inmarsat system. 2.If the vessel has no self propulsion or is under 300 gross tons, it will not be required to carry a GMDSS equipment on board. 3. Only Mini M equipments can be activated in any country other than Panama, but information about its make, model / type, radiated power, frequency range and emission, as well as its identification number (I.D.) and name of the country in which it is activated must be included in the application form. 4. MMSI is not mandatory for ships under 300 gross tons. 10. Annual Safety Inspection Report (A.S.I.) and last report of dry dock inspection, if the ship is 20 years old or more. Important Notice: If the vessel is 20 or more years old, she must be subject to an A.S.I. inspection which has to be requested to the Maritime Authority of Panama. The appointment of a recognized surveyor near to the ship’s location can be coordinated through our office. The
following documents should be sent by fax to my office in advance, in
order to save time: III.
REGISTRATION OF THE BILL OF SALE AT THE PUBLIC REGISTRY OFFICE Once the Bill of Sale and Acceptance of Sale in due form have been received by our office, insertion of them in a notarial deed is made and said deed is brought to the Public Registry for registration. This proceeding is made by scanning the deed containing the Bill of Sale and Acceptance of Sale. Only
after the above registration is made and the rest of the documents mentioned
in paragraphs II, B. ( 1, 2, 3 and 4 ) above have been received by our
office, we can apply for the regular GMDSS Radio License valid for 4
years. For the obtention of the regular or statutory navigation patent,
we will need the rest of the documents indicated in paragraph II, B.
and regular IV. EXPEDITION OF NEW STATUTORY OR REGLAMENTARY PATENT AND RADIO LICENSE DUE TO CHANGES IN THE VESSEL. Any vessel registered under Panamanian flag has to apply for re-issuance of Navigation Patent and Radio License in all of the following cases: a.
Change of ownership b. Change of tonnage due to modification of the vessel´s structure. c. Change of structure d. Change of name of the vessel and/or name of the owner. e. Change in any of the facts or data contained in the Navigation Patent or in the Radio License. V. REGISTRATION OF FISHING VESSELS. Prior to registration under Panamanian flag, fishing vessels have to obtain a license called "International Fishing License" from the Directorate General of Marine Resources of the Ministry of Commerce and Industries of Panama. The application for the license must contain the following information: 1. The name, nationality and address of the ship owner. 2. Shall include copy of a Tonnage Certificate or of the title of ownership or of the navigation license and other documents that show the characteristics and specifications of the vessel (a fax copy of these documents shall be sufficient). 3. Detail of the marine species to be fished, the area of fishing, including the coordinates (degrees of latitude and longitude). 4. Detail of the fishing method and the characteristics of the handling and cleaning process and storage. 5. Names of the ports and areas of discharge. The
cost of the International Fishing Licenses is: International Fishing Licenses will be renewed every year, at the same cost, plus our fees and office expenses. All
fishing vessels must be subject of satellite tracking under the ARGOS
system. Therefore they will have to keep a MAR GE device on board. The
entity authorized to provide installation and service is CLS Collecte
Localization Satellite; e-mail sylvle.mouquot@cls.fr; phone 33 (0) 561
394 724; fax 33 (0) 561 394 797; http//www.CLS.fr. It will be necessary
to bring a copy of the Argos contract in order to obtain the International
Fishing License. Pleasure
yachts can be registered in Panama. VII. SPECIAL THREE MONTH PERIOD REGISTRATION The
Panamanian legislation has established a special registration for a
non-renewable period of three (3) months for vessels destined to be
scrapped or for vessels to be delivered or any other reason for which
a special temporary registration is needed. Vessels
can be registered in two different jurisdictions, under charter party.
A Panamanian registered vessel can be registered in any other country
for a period of two (2) years, under charter party, without loosing
her Panamanian registry status. Vessels
registered under Panamanian flag can be deleted from the Registry at
any time, by the vessel owner, through the Resident Agent or Legal Representative
of the vessel in Panama. In order to obtain said cancellation, the ship
must be free of mortgages and liens or encumbrances and all duties,
taxes and fees must have been paid. X.
TAXES AND FEES REGISTRATION
FEE 2.
In case of non-self propelled vessels and those vessels dedicated to
scientific research or to other non-profit or non-commercial type of
activities, including supply boats, research vessels and submarines,
crew boats, exploration vessels and floating dry docks: c.
Inspection tax d.
Investigation of Accidents and Government Participation in International
Treaties and Conference Tax. 1.
In the case of tankers, drilling rigs, passenger vessels, gas carriers
and chemical transports: US$ 850.00 plus US$ 0.03 per net tons. SPECIAL DISCOUNT IN THE REGISTRATION FEE AND ANNUAL TAX FOR A FLEET OR GROUP OF VESSELS: A group of three (3) or more vessels or fleet belonging to the same owner or economic group can request and obtain from the Panamanian authorities a discount in the registration fee, as follows: 1. Group of three (3 ) or more vessels representing from 30,000 to 50,000 gross tons, up to 20%. 2.
Group of three (3 or more) vessels representing from 50,000 to 100,000
gross tons, up to 30%. Also, one single vessel of more than 100,000 gross tons may obtain a 50% reduction in the registration fee. A group of four (4) or more newly built ships representing together at from 50,000 to 100,000 gross tons, can receive a 25% reduction in the "annual tax" and a 50% reduction in the “annual fee” for a period of four (4) years, provided that the ship owner keeps the fleet under Panamanian flag for at least said period of time. If the tonnage represented by the fleet is of more than 100,000 gross tons, the reduction in the “annual tax” will be of 35%. The Panamanian authorities may also recognize the registration fees paid in other jurisdictions by a group of vessels representing more than 100,000 gross tons, during the current Panamanian fiscal period, for registration under Panamanian flag. These registration fees would be applied to the enrollment, provided that said group of vessels guarantee its permanence under the Panamanian flag for at least four (4) years. Special periods for partial payment of taxes can be also arranged by groups of at least fifteen (15) vessels representing more than 500,000 gross tons. OTHER TAXES AND FEES Various
taxes in connection with the amendment of the navigation patent and
other administrative acts. Ship mortgages upon Panamanian flag vessels are subject to registration at the Ships´ Section of the Public Registry Office of the Republic of Panama. Registration of a mortgage can be made "preliminary" as a first step and then "permanently", or directly registered in the "permanent" form. 1.
PRELIMINARY REGISTRATION OF SHIP MORTGAGES. 2. PERMANENT REGISTRATION OF SHIP MORTGAGES Permanent registration of a mortgage can be made at any time, after the execution of it, or within six (6) months, following the preliminary registration. Mortgages can be executed in any language, must be in writing and either in public or private document. The document of ship mortgage must contain the following information: a.
Complete names and addresses of both, mortgagor and mortgagee. IMPORTANT NOTICE: a. Legalization of mortgage deed. The deed containing the mortgage has to be signed by both, the mortgagor and mortgagee. Then, the signatures of both parties have to be legalized by a Panamanian consul. In such legalizations, the consul has to state not only the authenticity of the signatures but also that the persons signing it, have the power to act on behalf of the mortgagor and mortgagee, respectively. These legalizations and statements of powers can also be made by any Notary Public but at the end, the Notary's signature must be legalized by a Panamanian consul or with Apostille. b. If the mortgagor and/or the mortgagee is a Panamanian registered corporation, it must be in good standing. Copy of the annual franchise tax receipt is required for registration. c. The registration of a mortgage can not be made if the Bill of Sale or title of ownership is not previously registered. Both, Bill of Sale and mortgage can be registered simultaneously, that is together, at the same time. d.
Loan Agreement: Registration of the loan agreement along with the mortgage
is optional. If the mortgage contains all the information required in
paragraph 2 above, then registration of the loan agreement is not necessary.
Despite this, some mortgagees prefer to have the loan agreement also
registered. The registration fees payable to the National Treasury of Panama depend on the vessel's net tonnage. It is: US$ 0.12 (12 cents U.S. dollar) per net ton up to a maximum fee of US$ 600.00 (US$ SIX HUNDRED). The fees for a preliminary registration of a mortgage will be: US$ 450.00 for the first two million dollars (US$ 2,000,000) of the amount of the mortgage plus US$ 150.00 for each extra million with a maximum registration fee of US$ 1,200.00. The
cost of registration of a mortgage also involves translation fees, notary
fees, and office expenses and fees, which depend on the length of the
document of mortgage. Ship mortgages can be discharged or cancelled by registering a deed or document of release of mortgage, issued by the mortgagee. The deed of discharge has to be signed by the mortgagee or its representative and legalization of the signature must be made, stating not only the authenticity of the signature, but also that the signor has power to act on behalf of the mortgagee. This legalization can be made either by a panamanian consul or by a Notary Public with his signature then legalized with Apostille. After the above steps are completed, the document of discharge has to be sent to a lawyer or law firm in Panama, for registration. After this, the vessel will be considered free of mortgages. Ship mortgages can also be preliminary cancelled at the Panamanian Merchant Marine Consulates and said registration will last for six (6) month, during which period the final registration of the cancellation of mortgage must be effected. APPENDIX BILL
OF SALE AND ACCEPTANCE OF SALE Signed by , in his capacity as of the Transferors. NOTARIAL
CERTIFICATE OF THE BILL OF SALE: The undersigned, , acting in my capacity
of Notary Public, duly authorized and sworn, practicing in , hereby
CERTIFY that: Notary's signature: Legalization
with Apostille: Notary's signature: Legalization
with Apostille or by a Panamanian Consul: DISCHARGE OF MORTGAGE The undersigned (the Mortgagee), hereby discharge and release a ship mortgage dated and granted by (the Mortgagor), upon the vessel , and which was recorded at the Public Registry Office of the Republic of Panama at micro jacket , film , frame , on . The law firm of Messrs. VIVES Y ASOCIADOS, of Panama City, Republic of Panama are hereby authorized and empowered to obtain the registration of this document at the Public Registry of the Republic of Panama. For
and on behalf of the Mortgagee (Notary’s
legalization or authentication by a Panamanian Consulate must follow.) IMPORTANT
NOTICE: The legalization must certify not only the authenticity of the
signature of the person signing of behalf of the mortgagee, but also
that said person is authorized and empowered to execute said document
on behalf of it. 1. AMERICAN BUREAU OF SHIPPING (ABS) 2. BUREAU VERITAS (BV) 3. CHINA CLASSIFICATION SOCIETY (CCS) 4. CHINA CORPORATION REGISTER OF SHIPPING (CRS) 5. DET NORSKE VERITAS (DNV) 6. GERMANISHCER LLOYD (GL) 7. HELLENIC REGISTER OF SHIPPING (HRS) 8. HORIZON INTERNATIONAL OF NAVAL SURVEYING AND INSPECTION BUREAU S.A. 9. INTERNATIONAL REGISTER OF SHIPPING (PANAMA) INC. 10. ISTHMUS BUREAU OF SHIPPING (IBS) 11. KOREAN REGISTER OF SHIPPING (KRS) 12. LLOYD'S REGISTER OF SHIPPING (LRS) 13. NATIONAL SHIPPING ADJUSTERS, INC. 14. NIPPON KAIJI KYOKAI (NKK) 15. PANAMA BUREAU OF SHIPPING (PBS) 16. PANAMA MARITIME SURVEYOR BUREAU INC. 17. PANAMA REGISTER CORPORATION 18. PANAMA MARINE SURVEY & CERTIFICATION SERVICES, INC. 19. PANAMA MARITIME DOCUMENTATION SERVICES INC. 20. PANAMA SHIPPING REGISTRAR INC. 21. POLSKI REJESTR STATKOW 22. REGISTRO ITALIANO NAVALE (RINA) 23.
RINAVE – REGISTRO INTERNACIONAL NAVAL, S.A. 25. RUSSIAN MARITIME REGISTER OF SHIPPING 26. UNIVERSAL SHIPPING BUREAU INC. 27. OVERSEAS MARINE CERTIFICATION SERVICE, INC. 28.
CENTRAL BUREAU SHIPPING (PANAMA) S.A. 2.
(PG02) PANAMA SHIPPING CONSULTANTS, INC. 3.
(PG03) MARITIME SATELLITE COMMUNICATIONS, INC. 4.
(PG04) INTER-MAR RADIO, INC. 5.
(PG05) INTERNATIONAL MARITIME COMMUNICATIONS CO. 6.
(PG06) SHIPPING RADIO AND MANAGEMENT INTERNATIONAL INC. 7.
(PG07) RADIOTEL INC. 8.
(PG08) OFFSHORE SATELLITE INTERNATIONAL (O.S.I.) S.A. 9.
(PG09) PANAMA MARINE COMPANY INC. 10.
(PG10) CABLE & WIRELESS PANAMA, S.A. 11.
(PG11) LANDER WORLD CORPORATION, INC. 12.
(PG12) ISTHMIAN REGISTER BUREAU, INC. 13.
(PG13) INTERNATIONAL REGISTRIES & DOCUMENTATION INC. 14.
(PG14) MARINE ELECTRONICS AND SERVICES 15.
(PG15) SATLINK PANAMA INC. 16.
(AA01) AWA ECTRONIC SERVICES 17.
(BE02) MARLINK S.A. 18.
(BN01) BATELCO 19.
(CYP03) TELACCOUNT OVERSEAS LTD. 20.
(DP02) DEBEG GMBH 21.
(DP03) DETEMOBIL DEUTSCHE TELEKOM MOBILNET GmbH (T-Mobil) 22.
(GB05) ANDtelco 23.
(GB06) PENINSULAR ELECTRONICS, LTD. 24.
(GB08) SELENIA COMMUNICATIONS LIMITED 25.
(GB11) NERA SATELLITE SERVICES LIMITED 26.
(GK12) ANDGATE INTERNATIONAL LIMITED 27.
(GR01) HELLENIC TELECOMMUNICATION ORGANIZATION, S.A. (O.T.E.) 28.
(GR12) PIRAEUS MARITIME TELECOMMUNICATIONS SERVICES, S.A. 29.
(HO01) HONDURAS RADIO ACCOUNTING SERVICES, S.A. 30.
(HX05) OCEAN TRAMPING COMPANY, LTD. 31.
(HX08) MARINE RADIO SYSTEMS, LTD. 32.
(IA14) P.T. ADMIRAL LINES 33.
(IU02) TELECOM ITALIA S.p.A. 34.
(IU03) COMPAGNIA GENERALE TELEMAR 35.
(JP02) JAPAN RADIO CO., LTD. 36.
(JP03) KYORITSU RADIO SERVICE CO., LTD. 37.
(JP04) B.S. JAPAN CO., LTD. 38.
(JP05) MOCOS JAPAN CO. LTD. 39.
(NL02) RADIO HOLLAND B.V. 40.
(RS27) SHIPPING ASSISTANCE PTE. LTD. 41.
(US02) MACKAY COMMUNICATIONS, INC. 42.
(US03) RADIO HOLLAND U.S.A., INC. 43.
(YU02) USTANOVA ZA ODRZAVANJE POMORSKIH PLOVNIH PUTOVA, (PLOVPUT) Click here to view the printable page of the POWER OF ATTORNEY.
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