The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed , and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case .
30-634: SS Mayaguez was a U.S.- flagged container ship that is best known for its 12 May 1975 seizure by Khmer Rouge forces of Cambodia, which resulted in a confrontation with the United States at the close of the Vietnam War . The Mayaguez was first launched in April 1944 as SS White Falcon , a U.S. Maritime Commission C2-S-AJ1 freighter built by North Carolina Shipbuilding Company of Wilmington, North Carolina . After World War II ,
60-627: A month after the Khmer Rouge took control of the capital Phnom Penh ousting the U.S.-backed Khmer Republic . After the Khmer Rouge seized the ship in a disputed maritime area, the U.S. mounted a hastily-prepared rescue operation. U.S. Marines recaptured the ship and attacked the island of Koh Tang where it was believed, in error, that the crew were being held as hostages. Encountering stronger than expected defenses on Koh Tang, three United States Air Force helicopters were destroyed during
90-622: A number of states have since 1982 established port state controls of foreign-registered ships entering their jurisdiction. As at January 2010, Panama was the world's largest flag state, with almost a quarter of the world's ocean-going tonnage registered there. The United States and the United Kingdom had only about 1% each. Until World War II nations were able to maintain their dominance, or in some cases, even improve their position in maritime trade by offering vessels exclusive protection for flying their flags, which would in turn give
120-487: A vessel complies with relevant standards and carry out regular surveys in service to ensure continuing compliance with the standards. Currently, more than 50 organizations describe their activities as including marine classification, twelve of which are members of the International Association of Classification Societies . A classification certificate issued by a classification society recognised by
150-565: Is in compliance with the required codes. This is in part related to legal liability of the classification society. However, each of the classification societies has developed a series of notations that may be granted to a vessel to indicate that it is in compliance with some additional criteria that may be either specific to that vessel type or that are in excess of the standard classification requirements. See Ice class as an example. There have always been concerns that competitive pressure might lead to falling standards – as expressed for example by
180-408: Is the case of England, which restricted the import of Asian goods only to American and British vessels. England only opened its ports after it had maneuvered itself into a position of strength, and then most like only to gain access to other continental ports. Similarly, France imposed a trade monopoly on its colonies which remained in place until 1869. Ships must be registered in the ship register of
210-488: Is the origin of the well-known expression 'A1', meaning 'first or highest class'. The purpose of this system was not to assess safety, fitness for purpose or seaworthiness of the ship. It was to evaluate risk. Samuel Plimsoll pointed out the obvious downside of insurance: The first edition of the Register of Ships was published by Lloyd's Register in 1764 and was for use in the years 1764 to 1766. Bureau Veritas (BV)
240-681: The European Commission . To counteract class hopping, in 2009, the International Association of Classification Societies ( IACS ) implemented the Transfer of Class Agreement (TOCA), whereby no member would accept a ship that had not carried out improvements demanded by its previous class society. Currently, more than 50 organizations worldwide describe their activities as including marine classification, some of which are listed below. Twelve of these are members of
270-522: The International Association of Classification Societies . The largest are DNV , the American Bureau of Shipping , Nippon Kaiji Kyokai (ClassNK) and Lloyd's Register . Classification societies employ naval architects , ship surveyors , material engineers , piping engineers, mechanical engineers and electrical engineers , often located at ports and office buildings around the world. Marine vessels and structures are classified according to
300-618: The Mayaguez being one of many Sea-Land ships employed. In 1975 the Mayaguez was sailing a regular route: Hong Kong – Sattahip, Thailand – Singapore. On 7 May 1975, about a week after the fall of Saigon, Mayaguez left Hong Kong on what was said to be a routine voyage. The " Mayaguez incident" took place between Democratic Kampuchea (today known as the Kingdom of Cambodia ) and the United States from 12 to 15 May 1975, less than
330-467: The Register Society published the first Rules for the survey and classification of vessels, and changed its name to Lloyds Register of Shipping. A full-time bureaucracy of surveyors (inspectors) and support personnel was put in place. Similar developments were taking place in the other major maritime nations. The adoption of common rules for ship construction by Norwegian insurance societies in
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#1732781028234360-498: The UN's International Maritime Organization ( IMO ), on matters of safety, navigation, crewing etc. Part XII entail special provisions on protecting the marine environment, which includes placing special obligations on flag states to ensure compliance with international environmental legislation such as MARPOL . Failure to do so, can result in the flag state losing its jurisdiction over ships under its flag, also when these commit violations on
390-399: The business practice of registering a merchant ship in a state other than that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be registered under flags of convenience to reduce operating costs, or else to avoid the regulations of, or inspection and scrutiny by, the country of the original owner. Normally the nationality (i.e., flag) of the ship determines
420-408: The classification profession evolved, the practice of assigning different classifications has been superseded, with some exceptions. Today a ship either meets the relevant class society's rules or it does not. As a consequence, it is either 'in' or 'out' of 'class'. Classification societies do not issue statements or certifications that a vessel is 'fit to sail' or 'unfit to sail', merely that the vessel
450-410: The condition of the ship's hull and equipment. At that time, an attempt was made to classify the condition of each ship on an annual basis. The condition of the hull was classified A, E, I, O or U, according to the state of its construction and its adjudged continuing soundness (or lack thereof). Equipment was G, M, or B: simply, good, middling or bad. In time, G, M and B were replaced by 1, 2 and 3, which
480-402: The high seas. Each flag state has set up its own flag state control system: Classification society A ship classification society or ship classification organisation is a non-governmental organization that establishes and maintains technical standards for the construction and operation of ships and offshore structures . Classification societies certify that the construction of
510-461: The initial assault and the Marines fought a desperate day-long battle with the Khmer Rouge before being evacuated. Mayaguez ' s crew were released unharmed by the Khmer Rouge shortly after the attack on Koh Tang began. Duly retrieved from Khmer Rouge forces, the Mayaguez was taken out of service and eventually scrapped in 1979. Flag state The term " flag of convenience " describes
540-592: The jurisdiction whose flag it is flying. Flag registers in many countries are open to ships with foreign owners. Normally, each flag state has only one ship register, but several countries have more than one register: Flag states must, in accordance with the United Nations Convention on the Law Of the Sea ( UNCLOS ) ensure that ships under their flag comply with international regulations, often adopted by
570-530: The late 1850s led to the establishment of Det Norske Veritas (DNV) in 1864. RINA was founded in Genoa, Italy in 1861 under the name Registro Italiano Navale , to meet the needs of Italian maritime operators. Germanischer Lloyd (GL) was formed in 1867 and Nippon Kaiji Kyokai (ClassNK) in 1899. The Russian Maritime Register of Shipping (RS) was an early offshoot of the River Register of 1913. As
600-410: The nation exclusive control over the vessels. Shipowners during this time needed protection from pirates and privateers which was provided by naval vessels of the flag state. In some cases states offered subsidies to the shipbuilding industries. In addition to these incentives, states might impose restrictions based on flag state, closing ports to other ships. One well known example of how this was applied
630-482: The only classification society to do so. Classification surveyors inspect ships to make sure that the ship, its components and machinery are built and maintained according to the standards required for their class. In the second half of the 18th century, London merchants, shipowners, and captains often gathered at Edward Lloyd's coffee house to gossip and make deals including sharing the risks and rewards of individual voyages. This became known as underwriting after
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#1732781028234660-538: The practice of signing one's name to the bottom of a document pledging to make good a portion of the losses if the ship didn't make it in return for a portion of the profits. It did not take long to realize that the underwriters needed a way of assessing the quality of the ships that they were being asked to insure. In 1760, the Register Society was formed — the first classification society and the one which would subsequently become Lloyd's Register — to publish an annual register of ships. This publication attempted to classify
690-488: The process of construction and commissioning, and periodically survey vessels to ensure that they continue to meet the rules. Classification societies are also responsible for classing oil platforms , other offshore structures, and submarines . This survey process covers diesel engines, important shipboard pumps and other vital machinery. Since the 1950s, the USSR (now Russian) Register of Shipping has classified nuclear ships,
720-424: The proposed ship register is required for a ship's owner to be able to register the ship and to obtain marine insurance on the ship, and may be required to be produced before a ship's entry into some ports or waterways, and may be of interest to charterers and potential buyers. To avoid liability, classification societies explicitly disclaim responsibility for the safety, fitness for purpose, or seaworthiness of
750-702: The ship was sold in 1964 to the American container line Sea-Land Service and renamed SS Sea , and then SS Mayaguez (named after the city of Mayagüez on the west coast of Puerto Rico ) in 1965. Her sister ship was renamed Land and then Ponce (after the city of Ponce on the south coast of Puerto Rico). In 1967, Sea-Land began regular container service under contract to the Military Sea Transportation Service (MSTS) in support of American forces in Southeast Asia, with
780-733: The ship was sold to Grace Line and renamed the SS Santa Eliana . Seeking to containerize its coffee bean traffic from Venezuela, in 1960 Grace had the Santa Eliana and her sister ship Santa Leonor lengthened and widened by the Maryland Shipbuilding and Drydock Company and converted into the first U.S.-flagged, all-container ships devoted to foreign trade, with a capacity of 382 containers below-deck plus 94 on-deck. With Grace Line's plans repeatedly frustrated by longshoremen opposition in both Venezuela and New York,
810-619: The ship, but is a verification only that the vessel is in compliance with the classification standards of the society issuing the classification certificate. Classification societies also issue International Load Line Certificates in accordance with the legislation of participating states giving effect to the International Convention on Load Lines (CLL 66/88). Classification societies set technical rules based on experience and research, confirm that designs and calculations meet these rules, survey ships and structures during
840-440: The soundness of their structure and design for the purpose of the vessel. The classification rules are designed to ensure an acceptable degree of stability, safety, environmental impact, etc. In particular, classification societies may be authorised to inspect ships, oil rigs, submarines, and other marine structures and issue certificates on behalf of the flag state . As well as providing classification and certification services,
870-493: The taxing jurisdiction. Since the Flag Right Declaration of 1921, it has been recognised that all states—including land-locked countries —have a right to maintain a ship register and be a ship's flag state. Because of the failure of some flag states to comply with their survey and certification responsibilities, especially flag-of-convenience states that have delegated their task to classification societies ,
900-637: Was founded in Antwerp in 1828, moving to Paris in 1832. Lloyd's Register reconstituted in 1834 to become 'Lloyd's Register of British and Foreign Shipping'. Where previously surveys had been undertaken by retired sea captains, from this time surveyors started to be employed and Lloyd's Register formed a General Committee for the running of the Society and for the Rules regarding ship construction and maintenance, which began to be published from this time. In 1834,
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