Bareboat charter registration is a legal mechanism enabling vessels to operate under the Cameroon flag while retaining ownership and operational flexibility. Ships registered under this system enjoy the same rights, privileges, and obligations as other vessels under the Cameroonian registry. This guide explores the procedures, requirements, and applicable laws governing bareboat charter registration in Cameroon.
Applicable Laws Governing Bareboat Charter Registration in Cameroon
Bareboat charter registration in Cameroon is regulated under the following legal frameworks:
- Cameroon Merchant Shipping Code (Law No. 95/12 of 1995):
This foundational maritime law governs the registration, operation, and management of vessels under the Cameroon flag. It provides the legal basis for ship registration, including bareboat charter registrations. - CEMAC Merchant Shipping Code:
As part of the Economic and Monetary Community of Central Africa (CEMAC), Cameroon adheres to the CEMAC Merchant Shipping Code, which harmonizes maritime laws across member states. This code establishes unified regulations for ship registration, safety standards, and operational requirements within the CEMAC region. - Decree No. 2014/331:
This decree establishes detailed guidelines for maritime operations, including ship registry procedures and compliance requirements for vessels operating under the Cameroon flag. - International Conventions:
Cameroon is a signatory to various international maritime treaties, such as:- The United Nations Convention on the Law of the Sea (UNCLOS).
- The International Convention for the Safety of Life at Sea (SOLAS).
- The International Maritime Organization (IMO) regulations.
These conventions ensure that Cameroonian-registered ships adhere to global safety, environmental, and operational standards.
- Cameroon Civil Code:
Relevant for contract and property agreements, the Civil Code governs charter party agreements, ownership rights, and mortgage arrangements related to vessels. - Cameroon Tax Code:
Governs the tax implications of ship registration and operation under the Cameroon flag, including bareboat charter arrangements.
Bareboat Charter Registration of a Foreign Ship in Cameroon
Foreign-registered vessels may be listed under the Cameroon Ship Registry for a maximum period of two (2) years, subject to the following conditions:
- The registration period aligns with the consent of the foreign registry.
- The charter agreement must cover the entire period of registration.
Extensions may be granted if the agreement is renewed.
Bareboat Charter Registration of a Cameroonian Ship in a Foreign Registry
For Cameroonian-registered vessels to be listed in a foreign registry, the Consent of the Registrar of Shipping is required. This consent is granted upon satisfying the following requirements:
- Evidence of Compatibility of Foreign Registry (if applicable).
- Consent of Registered Owners: A formal agreement from the ship’s owners.
- Application to the Registrar: Owners must apply for permission to register the vessel in a foreign registry.
- Surrender of the Certificate of Cameroon Registry: Owners must surrender this certificate within 30 days of the vessel’s foreign registration.
- Charterer’s Undertaking: A formal commitment from the charterers that the Cameroonian maritime flag will not be hoisted during the foreign registration period.
- Mortgagees’ Consent (if applicable): Approval from mortgage holders.
- Copy of the Charter Party Agreement: A complete copy of the agreement is required.
Post-Registration Obligations for Foreign Bareboat Charter
After registering a Cameroonian vessel in a foreign registry, the following obligations must be met:
- Carving and Marking Note: Return the note issued by the Cameroon Registry, indicating the foreign registry’s home port, within 15 days.
- Certificate of Cameroon Registry: This must be surrendered within 30 days of the foreign registration.
- Transcript of Registry or Extract: Provide evidence of the foreign charter registration within 30 days.
Why Choose Prime Time Law Offices?
Prime Time Law Offices specializes in providing comprehensive legal services for maritime and shipping operations in Cameroon. Here’s why we are the preferred choice:
- Expert Knowledge of Maritime Law: We understand the intricacies of the Cameroon Merchant Shipping Code, the CEMAC Merchant Shipping Code, and related international conventions.
- Streamlined Processes: Our team simplifies registration and compliance, ensuring efficiency.
- Tailored Guidance: We provide personalized legal support for bareboat charter registrations, whether for foreign or Cameroonian vessels.
- Comprehensive Services: From drafting charter agreements to obtaining regulatory approvals, we manage all aspects of the process.
Conclusion
Bareboat charter registration offers operational flexibility for vessels under the Cameroon flag or in foreign registries. By adhering to the legal requirements and fulfilling post-registration obligations, shipowners and charterers can ensure smooth operations while enjoying the benefits of dual registration.
For expert guidance on bareboat charter registration in Cameroon, contact Prime Time Law Offices today. Let our experienced maritime lawyers help you navigate the complexities of Cameroonian, regional (CEMAC), and international maritime laws with confidence.
To talk to a lawyer for legal assistance, Contact PRIME TIME LAW OFFICES