A BEGINNER’S GUIDE TO SHIP REGISTRATION ON ANGUILLA

Anguilla, the most northerly of the North Eastern Caribbean islands is famous for being a sophisticated tourist destination with extravagant attractions for the well heeled and discriminating traveler.  Traditionally, this British overseas territory has been known throughout the region for the natives’ love for the sea - their national past-time is boat racing.  Nonetheless, ship registration is relatively new business on island. 

WHY ANGUILLA?

Anguilla is a British overseas territory with a stable democratically elected government, state-of-the-art telecommunication services, a rapidly developing tourism sector and a burgeoning off-shore banking industry.  Anguilla’s recent growth as a significant player in Caribbean tourism, has established the island as a premiere destination for visitors seeking a relaxing and exclusive Caribbean experience.

For yachtsmen, the expansion of Anguilla’s main docking areas on island at Sandy Ground and Blowing Point are evidence of the island’s commitment to accommodate sailing travelers to the Eastern Caribbean.  Sailors will choose to extend their stop-over in Anguilla to enjoy the island’s miles of unspoiled white sand beaches that are widely reputed to be amongst the best in the world. 

Anguillians are well known for their friendliness and hospitality.  The island’s relatively low crime rate continues to be one of its premier selling points.   The BBC Caribbean news report on October 5, 2006, cited Anguilla as having the best ship safety record in the O.E.C.S sub-region within the last year.

In the recent years, Anguilla has attracted many people because of the island’s flexibility for international investors as a financial services jurisdiction.  A local company or international company can be incorporated in minutes and the island imposes no personal income tax nor income tax on profit.  Additionally, Anguilla imposes no taxes on capital gains or wealth.

WHO CAN APPLY?

The registration of ships is governed by the Merchant Shipping Act, Revised Statutes of Anguilla, Chapter M82.  The Act gives an extensive definition of those persons who are qualified to be owners of Anguilla ships.  The definition encompasses the following:

1. Anguillian citizens;

2. citizens or subjects of Britain or any of its overseas territories

3. persons who would be defined as British nationals (overseas) under the Hong Kong (British Nationality) Order 1986

4. companies incorporated in any of the member states of the European Union or European Economic Area including the United Kingdom and having place of business in any such member state and registered in Anguilla;

5. companies incorporated in any relevant British possession including Anguilla or any overseas territory of any of the member states of the European Union or the European Economic area and having a place of business in any such possession or territory and registered in Anguilla;

6. companies incorporated in any member state of the Caribbean Community or the Organisation of Eastern Caribbean States which have been registered in Anguilla.

Persons who do not fit into this criteria may own Anguillian ships if the majority interest (at least 51.6% of the shares) is owned by a person or body corporate which fulfils the criteria outlined above. 

United States citizens can easily take advantage of the registration process by incorporating a local Anguillian company.

Where a ship is 24 metres in length or longer or if the person or persons who own the majority interest in the ship is not resident in Anguilla, the ship is entitled to be registered in Anguilla only if a representative person resident in Anguilla is appointed in relation to the ship.  The representative person can be a body corporate incorporated in Anguilla which has a place of business there.

REGISTRATION PROCESS

Application Forms:

The application forms can be obtained from the Ministry of Infrastructure on the payment of EC$10.00 to the Treasury.  Applicants must complete a “Notice of name proposed for British ship” so that a search can be undertaken to ensure that there is no other ship by that name and for the name to be approved by the Registrar of Ships.

A form prescribed in the Regulations must be completed by the applicant giving the applicant’s details and the identifying features of the ship.

Survey:

A certificate of survey must be done by a surveyor recognized by the Registry of ships here on Anguilla.  If the ships are in Europe, a Lloyds of London survey is acceptable to local authorities.

Title:

If the application concerns a ship which does not qualify as a small ship under the Registration of Ships Regulations, a builder’s certificate would be required if the boat has just been built.  In the case of a ship which is not new, a previous bill of sale or bills of sale stamped by a Justice of the Peace or Notary Public must be produced to the Registrar showing ownership of the ship for at least 5 years previous to the application.  If the ship has been registered with full registration any time within five years prior to the application, a bill of sale or bills of sale evidencing all transfers of ownership during that period must be produced to the Registrar.  This assures the Registrar that proper title has been passed to the Applicant.

If the ship has been previously registered in another jurisdiction, a certificate of deletion from that Registry must be obtained and presented with the application form. 

Carving and Marking Note:

When these forms are completed and presented to the Registrar, the applicants are required to pay a registration fee of EC$1000.00 or US$372.00 to the Treasury.  The Registrar upon receiving the Treasury receipt showing payment of the fees will issue the applicant with a carving and marking note as well as a Caribbean ship number.   The ship must be carved and marked in accordance with the Regulations and to the satisfaction of the Inspector of Marks.

After the carving and marking note and the Caribbean ship record is returned to the registry, a certificate of British registry is prepared.  This certificate must always be kept on board the ship.  The registration of a ship is valid for five years and there is an annual licence fee of EC$100.00.

Radio Licence:

The applicant must thereafter apply for a radio licence and secure a radio licence so that a frequency number and call sign is issued to the applicant.

Conclusion:

Lisa M Bass is an Attorney-at-Law on Anguilla. She invites any questions which you may have in respect of this article and may be contacted at Summit Chambers, Caribbean Commercial Centre, The Valley, Anguilla at Telephone No: (264)497-5905;
Fax No: (264) 497-3057
Email: summitchambers@anguillanet.com