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- Bareboat Charter Registry In A Foreign State.
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An application for permission
to obtain foreign bare boat charter registry
shall be submitted to the Registrar of Ships
and the bareboat charter registration, under
the flag of a foreign state, of a vessel registered
in Pakistan shall be allowed submitting and
application for permission to obtain foreign
state, of a vessel registered in Pakistan shall
be allowed submitting an application for permission
to obtain foreign bare boat charter Registry,
shall be submitted to the Registrar of Shipping
(No application form is required) containing.
- The name and official number of vessel.
- The name, address, fax and telephone numbers
of the bareboat chartterer;
- The vessels intended service, the nature
of the cargo and geographical regions in
which it will navigate; and
- The dates contemplated for commencement
of the charter party and for its earliest
termination.
-
If the vessel is already
subject to one or more mortgages, the written
consent of each mortgage to the proposed foreign
bareboat charter registration, usually in the
form of a letter, shall presented.
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The owner shall produce and
undertaking containing the following namely:
-
- To deposit the existing certificate of
Pakistan registry to the Registrar of Ships
within thirty days of the issuance of certificate
of permission for foreign bareboat charter
registration or within thirty days of the
date of commencement of the charter party,
whichever is earlier;
- To notify the Registrar, immediately whenever
the charter party has terminated for whatsoever
reason, or when the owner has otherwise
retaken the possession of the vessel.
- The Registrar shall have evidence in his
possession that both the owner and bareboat
chartterer are aware that the Pakistan's
jurisdiction over the vessel has been withdrawn
during the period of foreign bareboat charter
registration and that as soon as the period
ends, the safety equipment standards required
under Pakistani law, in accordance with
applicable International Conventions and
agreements to which Pakistan is a party,
shall be immediately and fully implemented
and observed by the owner.
- The agreement between the owner and bareboat
chartterer shall contain the following namely:
-
- During the period of foreign bareboat
charter registration, the owner and
bareboat chartterer shall neither permit
the vessel to fly the flag of Pakistan
now show Karachi as her home port while
the vessel remains in the service of
the bareboat chartterer under the charter
party and that the owner and bareboat
chartterer shall acknowledge and agree
that the vessel shall immediately revert
to the jurisdiction and control of Pakistan
when the charter party is terminated
or expires, or possession and control
of the vessel is retaken by the owner;
and
- At all times pending the vessel's
return to Pakistan flag it shall be
equipped, maintained and navigated to
standards which shall not be less than
those laid down in the Maritime Law,
Pakistani rules & regulations including
the relevant International Conventions
to which Pakistan is a party.
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The charter party having
foreign bareboat charter registration shall
submit the following namely: -
- The charter party and any amendments thereto,
shall be accompanied by proof of due execution
which is a statement that charter party
was signed in accordance with the laws of
the country or state in which it was signed
and the signature, name and title of the
notary public or other official shall be
legible.
- A copy of the bareboat charter party acknowledged
or with proof of due execution, together
with all annexure or addenda thereto and
any bareboat sub-charter parties, with English
translation if in any other language, shall
be filed with Registrar of Ships.
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The certificate of Pakistan
Registry shall be retained in the custody of
Registrar of Ships during the period of foreign
bareboat charter registration together with
the mobile radio station license. Subsequent
amendments or addenda to the bareboat charter
party, with an English translation, if they
are in any other language, shall also be filled
together with a letter noting which parts, if
any, have been altered, together with consent(s)
thereto by the mortgages(s) of the vessel.
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A certificate of permission
for foreign bareboat charter registration shall
be issued when all requirements this rule shall
have been satisfied.
- Certificate Of Registry After Termination Of
Bareboat Charter.
-
Upon termination of bareboat
charter or when the vessel's owner retakes possession,
the following documents shall be submitted to
the Registrar of Ships, namely: -
- A letter of application to restore certificate
of registry together with the prescribed
fee;
- An affidavit of the owner acknowledged
in accordance with rule-7 advising that
the bareboat charter has been terminated
or that the owner is in possession and control
of the vessel; and
- Evidence of satisfactory completion of
the following;
- Change of flag survey by the classification
society, and
- Safety inspection of the vessel conducted
by the surveyor of the Mercantile Marine
Department, under instructions of the
Principal Officer, shall also be produced.
- Upon receipt of the foregoing, the original certificate of registry shall be restored.
- Tonnage of Ships.
-
All vessels shall have their
tonnages determined in accordance with the provisions
of the Merchant Shipping (Tonnage) Rules, 2002
giving effect to the International Convention
on Tonnage Measurement of Ships, 1969 (TM-69).
A tonnage certificate may be issued by the Mercantile
Marine Department or any of the classification
societies authorized by the Government of Pakistan.
-
A TM 69 Certificate issued
by the Government of a contracting state to
TM 69 may be accepted for registration. Provided
that an undertaking is given by the owner that
no alteration or modification has been carried
out after issuance of TM 69 Certificate. The
vessel must have a tonnage certificate re-issued
by the Mercantile Marine Department or one of
the classification societies authorized by the
Government of Pakistan.
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The tonnage of Pakistani
Ship may not be re-determined except in accordance
with the provision of regulation mentioned above,
if the intention is to convert or modify the
vessel after registration, before it is put
into service.
- Marking of ships:
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Every Pakistani ship shall,
before registry, be marked permanently and conspicuously
to the satisfaction of the Registrar as follows,
-
- Its name shall be marked on each of its
bows, and its name and the name of its port
of registry shall be marked on its stern,
on a dark ground in white or yellow letters,
or on a light ground in black letters, such
letters to be of length not less than hundred
and fifty mille-meters and of proportionate
breadth;
- Its official number and the number denoting
its registered tonnage shall be cut in on
its main beam; and
- A scale in meters denoting its draught
of water shall be marked on each side of
its stern and of the stern post in Roman
capital letters or in figures, not less
than hundred & fifty millimeters in length,
the lower of such letters or figures to
coincide with the draught line denoted thereby
and those letters and figures shall be marked
by being cut in and painted white or yellow
on a dark ground, or in such other way as
the Federal Government may approve.
-
The Federal Government may
exempt any class of ships from all or any of
the requirements of this rule.
-
If the scale of meters showing
the ship's draught of water is in any respect
inaccurate so as to be likely to mislead, the
owner of the ship shall be liable to a fine
not exceeding Rupees Two Hundred Thousands.
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The marks required by this
section shall be permanently continued and no
alteration shall be made therein except in the
event of any of the particulars thereby denoted
being altered in the manner provided by the
ordinance or rules made there under.
-
If an owner or master of
a Pakistani ship neglects to cause his or her
ship to be marked as required by the section,
or to keep her so marked, or if any person conceals,
removes, alters, defaces, or obliterates or
suffers any person under his or her control
to conceal, marks, except in the event aforesaid,
or except for the purpose of escaping capture
by any enemy, that owner master, or person shall
for each such offence, be liable to fine not
exceeding Rupees Two Hundred Thousands and on
a certificate from a surveyor under the ordinance
and rules, that a ship is insufficiently or
inaccurately marked the ship may be detained
until the insufficiency or inaccuracy has been
remedied.
- Closure of Registry. -
-
Deletion or closure of registry
of a vessel from Pakistan registry shall be
made for one of the following reason namely:
-
- Sale of vessel for trading;
- Sale of a vessel for scrap;
- Loss of vessel;
- Auction of vessel by the Court;
- Where the owner or chartterer of a bareboat
chartered vessel requires so.
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Registrar of ships of the
Mercantile Marine Department under Directorate
General of Ports and Shipping, Ministry of Ports
and Shipping is solely responsible for deleting
a ship from Pakistan registry. He shall require
the following documents or proofs prior to deletion
of a vessel from Pakistan registry, namely:
-
- When a vessel is being sold for trading,
a no objection certificate from Ministry
of Ports and Shipping to ascertain any claims
or liabilities on the vessel;
- When a vessel is being sold for scrap
in Pakistan a no objection certificate from
the Customs authorities in Pakistan;
- When a vessel is lost for any reason,
a credible proof of such loss such as insurance
company's certification, etc.
- When a vessel is sold through auction
by the Court, proof of auction i.e. certified
copy of Court orders. In case the auction
has been done in another country, the certified
copy of court order shall be attested by
the respective Pakistani Counsel.
- When and owner or chartterer of a bareboat
chartered vessel requires such deletion,
a request form the owner and chartterer
shall be the only document required. In
case there is a difference of opinion between
the chartterer and the owner, the owner's
request shall be accepted to; and
- Surrender of following original vessel
documents namely: -
- The current certificate of registry;
- The Pakistan Mobile Radio Station
License; and
- Two copies of bill of sale and transferring
title to the purchaser, where a change
of ownership has occurred.
-
After completion of the formalities
under the rules to the satisfaction of Registrar
and the ship being free from all encumbrances,
the vessel be deleted form the register and
a deletion certificate willbe issued.
- Entry of Record and Discharge of Mortgage.
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A ship or share when made
a security for a loan or other valuable consideration
upon production of instrument creating the security
such as a mortgage, the Registrar, shall record
it in the register. The instrument creating
security shall have a summary attached in the
prescribed from to be recorded by the Registrar.
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Mortgages shall be recorded
by the Registrar in order of time in which they
are produced before him for that purpose, and
the Registrar shall by a memorandum on his own
hand notify on each mortgage that it has been
recorded by him stating the day and hour of
that record.
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When a registered mortgage
is discharged, the registrar shall, on the production
of the mortgage deed with receipt for the mortgage
money endorsed thereon duly signed and attested,
make an entry in the register book to the effect
that mortgage has been discharged.
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