Which Statement About Service Review Meetings Is False?

Transport registration

Registration of a ship plays an imperative function towards safety and security of the maritime ship and significantly contributes towards the protection and preservation of the marine environs.

The general machinery for establishing a ship's nationality and for regulating shipping is registration of the send in a detail State. By linking a ship to a State, the arrangement of ship registration indicates that that State has the correct to protect that ship in international law.

Legal framework

A core principle in public international law is the freedom of the loftier seas, as laid out in article 87 of UNCLOS. To balance this freedom with the need to avert disorder and misuse, international law has provided a framework for the regulation of shipping. This framework rests upon 2 core rules:

1. each State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag (article 91 of UNCLOS); and
2. the State must effectively do its jurisdiction and control in authoritative, technical and social matters over ships flying its flag (article 94 of UNCLOS).

Article 91(1) of UNCLOS acknowledges the correct of every Country to "fix the conditions for the grant of nationality and for the right to fly its flag." The same commodity provides that in that location "must exist a genuine link between the State and the ship." The purpose of the "genuine link" requirement in UNCLOS is to secure more constructive implementation of the duties of the flag State under commodity 94 of UNCLOS.[1]

There is currently no binding international framework to regulate the registration procedure itself. The 1986 UN Convention on Conditions for Registration of Ships[2] establishes international standards for the registration of vessels in a national registry, including references to the genuine link, buying, management, registration, accountability and the office of the flag Country. Withal, the Convention has not entered into force.[three]

Open registry/closed registry

Each country sets its own laws and regulations on the registration of ships [four]. Some countries only register vessels with ties to the state through ownership or crewing ("closed registries"). Other countries allow foreign-owned or controlled vessels to use their flag through an "open registry." Others simply choose not to allow the utilise of their flag for international merchandise at all.

Since open registries are now widely used around the world, IMO has focused on a strategic approach to ensuring that flag States fairly assume jurisdiction and command over shipowners and ships that are flying their flags in accord with article 94 of UNCLOS.

IMO initiatives with regards to strengthening flag Land and port Country jurisdiction and control

IMO has adopted and implemented a number of measures to support and enhance flag (and port) State jurisdiction and enforcement. These include:

• IMO Member Country Audit Scheme;
• IMO Ship Identification Number Scheme[5] and IMO Unique Company and Registered Owner Identification Number Scheme [half-dozen]: these 2 schemes have been made mandatory under SOLAS regulation 11-one/3 and Xi-ane/three-ane, respectively (Link to IMO webpage);
• continuous Synopsis Record (CSR): security-related requirements;
• resolution to prevent registration of "phantom" ships[7];
• recommended procedure to enhance the transparency of the condition of the ship on the occasion of the transfer of ships between flag States[viii];
• Greatcoat Boondocks Agreement of 2012 and the STCW-F Convention: flag Country responsibilities in relation to fishing vessels and fishers;
• collection of data: the Port State Control (PSC) module in GISIS aims at improving transparency and accountability with respect to standards on ships and angling vessels;
• piece of work of the Sub-Committee on Implementation of IMO Instruments (III); and
• IMO/ILO work on seafarer bug: database on abandoned vessels created by the Joint ILO/IMO Advertising Hoc Good Working Group on Liability and Bounty Regarding Claims for Decease, Personal Injury and Abandonment of Seafarers.

In July 2005, an advert hoc Consultative Meeting of Senior Representatives of International Organizations on the "18-carat Link" highlighted the obligations imposed upon flag States past UNCLOS[nine]. The meeting stressed the need to strengthen flag State jurisdiction and highlighted the subsequent improvement in flag States' enforcement of their international legal obligations equally a result of the work of IMO.

Fraudulent registration and fraudulent registries of ships

Fraudulent registration and related unlawful practices include the registration of vessels without the noesis or approval of the relevant national maritime administration. Such fraudulent registrations are achieved through a combination of tactics that may include the following:

• Terminated registry: where a vessel, formerly entitled to fly the flag of a given State, continues to fly that flag after the vessel's registration with the flag Land has expired or has otherwise been terminated.
• Fraudulent representations to IMO: the submission of fraudulent documentation to IMO, without the knowledge of the cognizant flag State potency, in lodge to obtain IMO documentation and ship identification numbers. Fraudulent registration companies may operate with authentic‑looking websites and claim to be the official registration offices authorized to grant to ships the nationality of the State concerned.
• Dissemination falsified Automatic Identification System (AIS) data: this tactic involves the intentional manipulation of AIS information to materially alter the ship's identifying data or to reflect the AIS data of an entirely different vessel.

Legal Committee work on fraudulent registration of ships and fraudulent operation of registries

Thursday east problem of fraudulent registration of ships and fraudulent functioning of registries was beginning raised at IMO by the Democratic Republic of the congo (DRC) in 2017 during the 104th session of the Legal Committee. The DRC reported that approximately 73 vessels had been fraudulently using its flag and that illegal fishing was being carried out in its waters to its economic detriment.

Fraudulent registration of ships prevents lawful registries from exercising constructive jurisdiction and control over vessels at sea, deprives lawful registries from obtaining legitimate acquirement while unjustly enriching fraudulent actors and exacts unjustified reputational harms on States when vessels engage in illicit activities under the cloak of a fraudulent registration. Furthermore, fraudulently registered ships may not exist in compliance with safety and environmental protection standards, endangering the vessels' coiffure and posing an increased threat of damage to the marine environment.

In 2018, the Legal Commission recognized the demand for a multi-pronged approach and that the solution would involve making accurate information about the condition of a nation'south registry widely, quickly and accurately available to shipowners and insurers, also as public officials. Following that, the Secretariat reported on several cases related to the fraudulent use of a country's flag, and/or to the fraudulent operation of a registry without the purported flag state'south permission or noesis. These cases concerned, in addition to DRC, the Federated States of Federated states of micronesia, Fiji, the Maldives, Nauru, Samoa, the United Democracy of Tanzania and Vanuatu. [10]

The Secretariat has been studying the cases received reporting on fraudulent use of a flag or of a registry and collaborating with IHS Markit to improve the display in GISIS of information on a transport which was confirmed by an Assistants as non legally registered under that Administration's flag.[11]

Enhancing contact points database

Following the 106th session of the Legal Commission, in 2019, the Secretariat has adult a new function in the Contact Points module in GISIS that would be a comprehensive database of registries of ships, where data for all flags could exist available in ane place. The Commission besides agreed that IMO should work with the United nations Security Council to establish an easily searchable database, past IMO number and vessel proper noun, of vessels currently the subject of, or designated pursuant to, UNSC resolutions.

IMO has as well taken steps to thoroughly review the authenticity of requests to access IMO web accounts.

Resolution - Measures to forbid the fraudulent registration and fraudulent registries of ships

In club to establish even more than robust procedures for the communication of data to IMO, the Assembly adopted a resolution on Measures to prevent the fraudulent registration and fraudulent registries of ships (A.1142(31)).

The Assembly resolution includes a process for communicating information on transport registries to IMO, including information on the name of national governmental trunk(ies) and authorized or delegated entities in charge of ship registration. Its aim is to allow the IMO Secretariat to verify the information, through the appropriate channels

Recommended best practices

The Commission has also approved a LEG circular on Recommended best practices to assist in combating fraudulent registration and fraudulent registries (LEG.1/Circ.ten).

Notes:

1. Co-ordinate to the International Tribunal on the Police force of the Sea (ITLOS) in the 1999 case, M/V Saiga (No. ii).
2. (1987) 26 ILM 1229. https://treaties.united nations.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XII-vii&affiliate=12&clang=_en
3. The Convention requires 40 signatories whose combined tonnage exceeds 25% of the world total. As of March 2020, xv States had ratified or acceded to the Convention (Republic of albania, Bulgaria, Côte d'Ivoire, Arab republic of egypt, Georgia, Ghana, Republic of haiti, Republic of hungary, Iraq, Liberia, Great socialist people's libyan arab jamahiriya, Mexico, Kingdom of morocco, Oman, and Syria) and the Convention had been signed, subject to ratification, credence, or approval, by further nine States (Algeria, Bolivia, Cameroon, Czech republic, Republic of indonesia, Poland, Russian federation, Senegal, and Slovakia).
4. Encounter Nigel P Gear up, Nationality, Registration, and Ownership of Ships in The IMLI Manual on International Maritime Law: Book 2: Shipping Police force.
5. A.1078(28), IMO ship identification number scheme.
6. MSC.160(78), Adoption of the IMO unique visitor and registered possessor identification number scheme.
7. A.923(22), Measures to prevent the registration of "phantom" ships.
8. Come across MSC/Circ.1140-MEPC/Circ.424.
9. The report of the Meeting was forwarded to the United Nations Secretary-General in pursuance of United nations General Assembly resolutions 59/24 and 59/25 and subsequently submitted to the General Associates at its 61st session (A/61/160).
10. Documents LEG 106/vii and LEG 106/7/Add.i and Circular Letter Nos.3717, 3798, 3840 and 3855.
11. In such a case, a "imitation flag" for the particular ship is shown in the module on Ship and company particulars in GISIS. This status would change as and when the transport would be registered nether a new flag.
    

IMLI/WMU Symposium on flag State responsibilities and the future of commodity 91 of the United Nations Convention on the Law of the Bounding main co-hosted past IMO and ITLOS ' IMO Headquarters, 5 March 2020

A Symposium on flag State responsibilities and the future of article 91 of the United Nations Convention on the Law of the Sea (UNCLOS) was organized on Thursday 5 March 2020 by the International Maritime Constabulary Institute (IMLI) and the World Maritime University (WMU) and co-hosted past the International Tribunal for the Law of the Sea (ITLOS) and the IMO.

The Symposium was attended past delegates from IMO Member States, representatives from international organizations, maritime lawyers and academics.

The programme included presentations and Q&A console sessions
The bachelor presentations can be found beneath.

Championship	Date
UNCTAD - Animation on trends in vessel registration
Negotiating history of article 91 of UNCLOS - Mr. David H. Anderson, ITLOS, former Guess
The right of the flag Land to make claims in respect of its vessels - Judge Tomas Heidar, ITLOS
UNCTAD - Trends and developments in ownership and the registration of the earth armada - Mr. Jan Hoffmann, Chief, Merchandise Logistics Branch, Division on Technology and Logistics, UNCTAD
Update on the work of IMO on Measures to prevent unlawful practices associated with the fraudulent registration and fraudulent registries of ships - Mr. Frederick J. Kenney, Director, Legal Affairs and External Relations Division, IMO
Transport registration and compliance with the United Nations Security Council Resolutions Mr. Neville Aquilina, Chair, Sanctions Monitoring Board and Manager General, Global Issues, International Development & Economic Diplomacy, Ministry for Foreign and Europ
The structure and operation of the Marshall Islands Registry - Mrs. Elizabeth Bouchard, Deputy Commissioner, Maritime Diplomacy, Marshall Islands
The structure and functioning of the Liberian Registry - Mr. Kostas Ladas, Full general Manager, Liberia International Ship and Corporate Registry (LISCR), London

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Source: https://www.imo.org/en/OurWork/Legal/Pages/Registration-of-ships-and-fraudulent-registration-matters.aspx

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