For a while, I’ve noticed the ads for the various Cruise Lines include a bit of fine print:
“Ship’s Registry ___________”, usually ending in either the Bahamas, Liberia, or Panama. The Cruise companies are, as far as I can tell, American and Dutch companies.
Questions:
What does “Ship’s Registry” mean?
Why are ships registered mostly with these four nations?
Why don’t they just register with America or the Netherlands?
With whom do non-Cruise line ships (freighters, etc.) register? What was the registration on the Exxon Valdez, for example?
I suspect that it’s like living in Arizona but filing for incorporation in Deleware. Or maybe a tax thing. Or maybe something else; beats the hell out of me, so I’m sending it to GQ!
In business school, our finance teacher told us that anytime you encounter something weird in business (and he used the example of a ship’s registry from a jerk-water country) you can bet it’s the tax and regulatory advantages that are behind it.
This brings up another interesting point. When in the high seas a ship is subject to the laws and jurisdiction of the country whose flag it is flying.
So suppose I am on a cruise on a Liberian-registered ship and I do something which is a crime under Liberian law (eg sleep with your wife). Would (or could) Liberia try me and sentence me to whatever punishment they see fit?
As I mentioned in an earlier thread, if you commit a crime in international waters, you will be tried in a court in your own country. If you committed a crime that was illegal in one country, but not your own, I would imagine you would only be on the hook if you did it in that country’s territorial waters.
Military members aboard U.S. Naval ships are of course subject to the articles of the Uniform Coade of Military Justice.
Oft, when crimes are committed aboard a ship by a national not from the country the ship is registered under, there is a big bruhaha when it comes to jurisdiction.
Take the “Achille Laro” incident. Liberia flagged ship owned by Italians, where an Israeli was murdered by Mid-east terrorists in international waters.
Who gets to prosecute, in what country, under what laws?
IIRC, Admiralty Laws cover some of this stuff, while treaties between countries where their citizens are involved cover some more, but not all.
The laws of the country where the ship is registered are rarely the yardsticks used to determine prosecutability.
Voted Best Sport
And narrowly averted the despised moniker Smiley Master
This reminds me of a question I meant to ask you on another thread where you were asking about cigar etiquette. You mentioned that you obtained some Cuban cigars for this particular shindig. Having traveled a bit myself, I know that they are readily available from any tobacanist outside the USA. Since it is illegal to import Cuban cigars into the US or its territorries, doesn’t that also apply to US registered merchantmen and warships?
Also, I’m assuming there’s nothing stopping a cruise ship of Dutch registry on the high seas from including drugs and prostitutes as part of its onboard entertainment.
The laws which support US shipping entities also make it hard for shippers based in other locations to work here. The US commercial shippers have trouble competing with other companies ships on a world-wide basis (mostly because - IMO - other companies are willing to operate at substandard levels.) The Jones Act was supposed to keep American jobs in American hands, but it has reached a level of complexity that is almost amusing… unless you work with it
Good point. Sounds good to me! On the other side of the coin, if you are accused of a crime on a ship of the Republic of Norights, would you be–for lack of a better word–fucked?
Yes, it is illegal to sell Cuban cigars on the ship.
No, it is not illegal to have them aboard, because they haven’t been imported to the U.S. That said, don’t get caught with them when we return to the states. Like any arriving ship, U.S. Customs Inspectors fly out the day before (or the morning of) our arrival to check for contraband and all servicemembers are subject to U.S. import laws. This is a common occurance. In fact, the Dept. of Agriculture also comes aboard to make sure no foreign fruits, vegetables, seeds, milk, meat and other consumables are brought into the country also.
Now, the skipper can ban, if he so chooses, anything he wants from coming aboard his ship. In fact, some skippers have banned tobacco altogether – cigars, cigarettes, chew, dip.
Luckily, my skipper can appreciate a good smoke procured through the Chiefs’ Mess.
Voted Best Sport
And narrowly averted the despised moniker Smiley Master
Of course, the Dutch ship carrying those narcotics couldn’t come to port in the United States to pick up passengers, since doing that would be in breach of U.S. drug laws.
I suppose you could have a tender boat stay outside of U.S. waters, loaded with narcotics, while the ship goes into port.
Interesting sidenote with regards to the whole ship’s registry question. Apparently there is a law out there called the “Passenger Vessel Services Act” which “restricts carriage of passengers between U.S. ports to American-flag ships.” In other words, a foreign-registered ship can’t cruise from NY City to Miami directly without going through a foreign port. There is a movement out there (by foreign cruise lines) to repeal this which some people (US cruise interests) are fighting. For more info, check out http://www.worldcity.com for a look at a honkin’ big MF of a ship (which will be US registered when built).
Take the “Achille Laro” incident. Liberia flagged ship owned by Italians, where an Israeli was murdered by Mid-east terrorists in international waters.
Cheif, wasn’t that the ship where the man in the wheelchair was pushed overboard? IIRC he was an American Jew and the hijackers were those lovely friends of Bill, the Palestinians.
Yeah. That was the incident I was referring to. I may have gotten the particulars a bit wrong, but it still proves my point – under who’s laws do you prosecute.
Starfish –
Your first assumption is correct, sir.
Sorry, but your second is wrong. We eat the fruits, drink the milk and grill the meat on the Atlantic passage! Usually the Supply Officer under orders, so frozen or canned food is used the last few days before returning to the States.
Have you ever seen a crew debark after a six-month cruise? Any given sailor will a) kiss SO, b) drink a beer and c) eat fresh food.
In that order.
Voted Best Sport
And narrowly averted the despised moniker Smiley Master