Ship Registry, Registration Process in Türkiye

Generally 

In the maritime world, owning a ship is more than simply operating a vessel launched into the water. Just like a land deed, ships have official documents and records that ensure their recognition. This is where ship registration and titling procedures come into play.

Turkey, being a country surrounded by seas on three sides, possesses significant potential in maritime trade, transportation, and tourism. To utilize this potential and provide legal protection for maritime vessels, a ship registry is a crucial system. A ship registry is like an identity card for a vessel; its ownership status, technical specifications, and legal status are recorded in this registry.

What is a Ship Registry and why is it important?

A ship registry is an official record maintained by the state that represents the legal identity of a ship. It is the most fundamental element determining "which country's flag a ship will fly" and under which law it is subject. A ship is assigned a registration number, much like an identification number. Ship registration is not only a legal requirement but also provides many advantages. Ships not registered can face serious legal problems in both national and international waters. Thanks to this registration:

• The ship is recognized and legally protected in international waters.
• The vessel can be safely mortgaged or pledged.
• The ownership rights of the ship are registered.
• Ship buying and selling transactions become secure.

What are the different types of ship registries in Türkiye and where are they kept?

In Turkey, ship registries are maintained by the Port Authorities under the Ministry of Transport and Infrastructure . There are also several different types of registries where ships can be registered. These are determined according to the ship's purpose and field of activity.

1. Registration Register : This is kept for boats that are not used for commercial purposes, such as yachts and pleasure boats.
2. National Ship Registry (MGS) : For Turkish ships engaged in commercial activity.
3. Turkish International Ship Registry (TUGS) : Provides advantages for ships of companies with foreign partners operating in international waters.

Documents Required for Ship Registration Procedures

The following documents must be prepared by an individual or company wishing to register a ship:

1. Ship Construction or Sale Certificate (Notarized audit report or document obtained from the shipyard that built the ship)
2. Tonnage Certificate
3. Flag Raising Certificate (Permission to raise a flag on foreign vessels)
4. Seaworthiness Certificate
5. Insurance Policy 
6. Tax Certificate and Chamber of Commerce Registration Certificate 
7. Identity Documents  (Turkish Republic Identity Number for individuals, trade registry gazette and signature circular for companies)

Vehicles Required to be Registered in the Ship Registry

Not every vessel is registered in the ship registry. According to the Turkish Commercial Code, vessels of 15 gross tons and above. For vessels under 15 gross tons, a certificate of seaworthiness may suffice.

What is the Ship Registry Application Process?

Preliminary

• All technical documentation for the vessel must be completed.
• The vessel's tonnage measurements and classification society documents must be obtained.

Application to the Port Authority

• The ship owner or their representative must apply to the relevant port authority with the necessary documents
• During the application process, a technical inspection of the vessel is carried out, and any missing documents are requested to be completed.

Registry Registration and Ship Certificate

• Once the application is approved, the vessel will be registered.
• A Ship Certificate  is issued. This document serves as the official identification of the vessel.

Registry Announcement

• In some cases, the registration process is announced at the relevant registry office. This ensures that the rights over the vessel remain valid against third parties.

Advantages of the Turkish International Ship Registry (TUGS) 

• More flexible rules are applied in international trade.
• It facilitates the employment of foreign personnel.
• It offers tax advantages.

Common Mistakes in Ship Registry Procedures

• Having the tonnage certificate prepared incorrectly or incompletely.
• Submitting an application with missing or incorrect documents.
• Failure to properly process ship mortgage and lien records.
• Bypassing the flag hoisting permit on foreign-flagged vessels.
• The ship sale contract is not notarized.

Such errors lead to both longer process times and increased costs.

Ship Registry Fees

In ship registration procedures;

• Registration fee,
• Tonnage measurement fee,
• There are fees for flag-raising ceremonies. These fees are determined annually by the Ministry of Treasury and Finance.

Conclusion

Ship registration is an indispensable element of a vessel's legal identity. This process, conducted within the framework of the Turkish Commercial Code and related regulations, safeguards the rights of shipowners and lays the groundwork for international maritime transport.

Gozdenur TURNA