SHIP REGISTRY AND SHIP OWNERSHIP: TYPES OF REGISTRIES AND LEGAL REGULATIONS IN Türkiye

Ship Registry and Ship Ownership:

A ship registeris an official ledger that keeps records of a ship's ownership, identity, technical specifications, and other legal status. The ship register is created to determine the legal status of a ship, secure ownership rights, and ensure compliance with international maritime regulations.

Types of Ship Registrations in Türkiye

There are essentially three types of registries in Türkiye:

1. National Ship Registry (NSR):
   • It was established in accordance with the Turkish Commercial Code and the Ship Registry Regulations.
   • Definition: The National Ship Registry is Turkey's national registry, and all types of vessels flying the Turkish flag are required to be registered in it. This registry documents the national identity and ownership of the vessel.
   • Scope: Any type of vessel, regardless of tonnage, whether commercial, private, passenger or cargo transported, can be registered in the National Ship Registry.
   • Registration Requirements: For a vessel to fly the Turkish flag, the owner must be a citizen of the Republic of Turkey or registered under a Turkish legal entity. Registration with the National Ship Registry is carried out when the vessel's construction is completed or when it is purchased.

 

2. Turkish International Ship Registry (TUGS)

• Definition: The Turkish International Ship Registry (TUGS) is a type of registry in which commercial vessels operating in international waters and sailing under the Turkish flag are registered.
• Scope: This type of registration ensures the vessel's compliance with international maritime activities and its right to fly the Turkish flag in accordance with international law.
• Registration Requirements: Ship owners must be Turkish citizens or legal entities established in Turkey. Ships registered with TUGS benefit from tax advantages and certain cost reduction opportunities.

3. Registration Log (Boat Registry):

The vessel registryis a type of register in which ships, marine vessels, and inland waterway craft, especially those of smaller size and used in coastal activities, are recorded. Vessels registered in this registry are generally smaller-scale and privately used vessels that do not meet the requirements for registration in the national ship registry or the Turkish international ship registry.

Why is registration done in the Vessel Registry?

• Identification: The registration record is used to identify the vehicle and determine its ownership.
• Tax Procedures: Register records are used as the basis for calculating and paying certain local taxes.
• Security: The vehicle registration log is important for tracking vehicles and preventing potential security issues.
• Statistical Information: The mooring log is used to obtain statistical data on maritime traffic and the number of vessels in coastal areas.

Is registration in the Vessel Registry mandatory?

Yes, registration in the mooring register is legally mandatory for ships, marine vessels, and inland waterway craft that meet certain conditions. This requirement may vary depending on factors such as the size of the vessel, its intended use, and its location.

Requirements for Registering in the Binding Registry

To register your vessel in the registry, the following documents and information are generally required:

• Vehicle technical specifications (length, width, engine power, etc.)
• Photos of the vehicle
• Owner's identification information
• The intended use of the vehicle
• port or pier to which it will be moored

Functions of the Ship Registry:

1. Ownership Determination: The ship registry determines who owns the vessel and protects ownership rights. Transfers of ownership become valid only after being recorded in the ship registry.
2. Flag State Determination: The country where the ship is registered is considered the flag state of the ship. The flag state determines the legal status of the ship at sea and the rules of law to which it is subject.
3. Security and Guarantee: The ship registry is also used to record securities such as liens and mortgages on the vessel. This ensures a secure credit and lending system in maritime trade.

Ship Ownership:

Definition of Ownership

Ship ownership refers to a complete right of ownership over a vessel. It is a fundamental legal concept that determines who uses the ship and how. Based on their ownership rights, the ship owner has the rights to use, sell, lease, and mortgage the vessel.

Legal Protection of Property

1. Protection of Property Rights: Ship ownership is protected by national and international law. The ship owner can pursue legal remedies against actions that infringe upon their property rights.
2. Disputes: Disputes arising in relation to ship ownership are generally resolved through courts or arbitration. These disputes may involve matters such as transfer of ownership, mortgages, and liens.

International Regulations Relating to Ship Registration and Ownership

1. UNCLOS (United Nations Convention on the Law of the Sea):
   • It establishes internationally accepted rules regarding ship registration and ownership. It mandates that every ship be registered under a flag state.
2. CEMAC (International Convention on Ship Registration and Ownership):
   • This convention establishes international regulations and standards relating to ship registration and ownership. It ensures the mutual recognition of ship ownership rights among member states.

Conclusion

Ship registration and ownership are fundamental legal cornerstones of maritime trade and activities. Ship registration determines the identity and legal status of a vessel, while ship ownership regulates the ownership rights of the vessel. Regulations concerning ship registration and ownership, within the framework of international and national law, ensure that maritime activities are conducted in a safe, transparent, and fair manner.

 

Law Student Intern Nursena İbanoğlu