Flag of convenience
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A ship is said to be flying a flag of convenience if one believes it was registered in a particular country to avoid taxes and ease the process of registration. The term comes from the fact that ships fly a flag showing their country of registration. Under conventions of international law, this flag determines the source of law to be applied in admiralty cases, regardless of which court has personal jurisdiction over the parties.
The International Transport Workers' Federation (ITF) maintains a list of countries that they consider "flag of convenience" countries.
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[edit] Opposition
The use of a flag of convenience in order to take advantage of another nation's laxer registration standards is frowned upon for two reasons: The practice causes nations with stricter requirements to lose income and safety/work conditions of shipboard employees may suffer. However, many nations under the International Ship and Port Facility Security Code (ISPS) require minimum standards for vessels entering their national waters. In the case of the United States, the Coast Guard requires inspections on at least an annual basis and may deny entry to American waters based on defects not corrected.
Cheap registration fees, low taxes, and freedom from labor laws or safety standards are motivating factors for many flags of convenience. Fishing boat owners who use a flag of convenience can also ignore their home countries' conservation agreements. To quote William Langewiesche's The Outlaw Sea:
- "No one pretends that a ship comes from the home port painted on its stern, or that it has ever been anywhere near. Panama is the largest maritime nation on earth, followed by bloody Liberia, which hardly exists. No coastline is required either. There are ships that hail from La Paz, in landlocked Bolivia. There are ships that hail from the Mongolian desert. Moreover, the registries themselves are rarely based in the countries whose names they carry: Panama is considered to be an old-fashioned "flag" because its consulates handle the paperwork and collect the registration fees, but "Liberia" is run by a company in Virginia, "Cambodia" by another in South Korea, and the proud and independent "Bahamas" by a group in the City of London."
[edit] Support
Supporters of flags of convenience argue that where a vessel is engaged in international trade it should be free to register in the jurisdiction which best suits its commercial model.
Jurisdictions which are criticised as offering flags of convenience also often have relatively sophisticated maritime codes, and courts which are versed in maritime law and admiralty matters.
Registering vessels in such jurisdictions where they can be mortgaged effectively and the mortgagee's property rights respected facilitates the financing of such vessels. Forcing vessels to register in jurisdictions with unsophisticated maritime laws or where mortgaging the vessel is difficult to do effectively, or worse yet, where the vessel becomes vulnerable to compulsory acquisition causes unnecessary disruption and increased expense in an already volatile international shipping market.
Supporters note that similar criticisms are rarely raised with regard to aircraft registrations, to which similar considerations apply, but which employ fewer people, and form part of a less unionised industry.
[edit] List of flags of convenience
According to the ITF[2]:
- Antigua and Barbuda,
- * Bahamas,
- Barbados,
- Belize,
- Bermuda (UK),
- Bolivia,
- Cambodia,
- Cayman Islands,
- Comoros,
- Cyprus,
- Equatorial Guinea,
- French International Ship Register (FIS),
- German International Ship Register (GIS),
- Georgia,
- Gibraltar (UK),
- Honduras,
- Jamaica,
- Lebanon,
- Liberia,
- Malta,
- Marshall Islands,
- Mauritius,
- Mongolia,
- Myanmar,
- Netherlands Antilles,
- North Korea,
- Panama,
- São Tomé and Príncipe,
- Saint Vincent and the Grenadines,
- Sri Lanka,
- Tonga,
- Vanuatu.
[edit] Trivia
- The shipping magnate Aristotle Onassis, who married Jacqueline Kennedy is supposed to have invented the flags of convenience.
[edit] See also
- Flag State and Port State
- List of merchant marine capacity by country
- United States Merchant Marine
- Canadian Merchant Navy
[edit] References
- ^ Eitzen page
- ^ FOC Countries according to the ITF.
[edit] External links
- International Transport Workers Federation Flag of Convenience Information
- FAO Fisheries Report on Illegal Fishing
- Report on Prestige disaster
- Flag of Convenience Cyprus: Prestige Oil Spill
- Defending Our Oceans-facts about Flag of convience and its role in pirate fishing
- Alderton, A.F. and Winchester, N. (2002) Globalisation and De-Regulation in the Maritime Industry. Marine Policy V26, Issue 1, pp 35.43
- Alderton, A.F. and Winchester, N. Regulation, (2002) Representation and the Flag Market. Journal of Maritime Research. Sept 2002 http://www.jmr.nmm.ac.uk/server.php?navId=009
- Alderton, A.F. and Winchester, N. (2002) Flag States and Safety, 1997-1999. Maritime Policy and Management. Volume 29, Number 2, pp151-162
- Merchant capacity ranking at The CIA World Factbook