| Department | Department for the Economy |
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| Start date | 18/04/2024 |
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| End date | 16/05/2024 |
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| Type of consultation | White paper |
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| Deadline for comments | 16/05/2024 |
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About the consultation
This consultation is on proposing amendments to the
Shipping (Registration) (Jersey) Regulations 2004 which are intended to enhance responsibilities on Representative Persons for Jersey-registered ships.
These amendments will strengthen Jersey’s Representative Persons policy, and allow the Government to enhance the link between Jersey-registered ships and Jersey as the Flag State.
Background
Ship registration is the mechanism by which a ship is documented and given the nationality of the country.
International law requires every ship to be registered in a country, called its Flag State, and a ship is subject to the laws and regulations of its Flag State.
Jersey’s Ships’ Registry operates in accordance with:
- statutory and international obligations
- Government policy
- the expectations of:
- the UK Maritime
- Coastguard Agency
- the broader Red Ensign Group of British Registries
The United Nations Convention on the Law of the Sea (UNCLOS) requires the existence of a genuine link between the Flag State and any ships that the Flag State registers.
There are various ways that different jurisdictions that are party to UNCLOS have addressed the need for such a link. Jersey, in keeping with what the UK and the other British Islands have done, chose to allow people to be eligible to own a Jersey ship provided that they were resident or constituted in certain countries or territories that are approved by being listed in Jersey’s legislation, the Shipping (Registration) (Jersey) Regulations 2004.
In Jersey, if a vessel is wholly owned by a Jersey resident or Jersey resident legal entities, there is no need for a Representative Person, as the link between owner and flag has been met. However, if the vessel is not owned by a Jersey resident, then a Representative Person, based in Jersey, must be chosen by the owner, thereby providing a link between Jersey and the owner.
The increased focus on coordinated international sanctions in the past few years has shone a light on the need for Jersey to adopt a more robust Representative Persons policy, as in its current form it could prevent the Government from tracing owners of suspect vessels.
Proposed amendments
These draft regulations (set out in Annex A of the consultation paper) address the need to ensure better regulation of Representative Persons.
The amendments include ensuring Representative Persons:
- cannot resign from their position without giving sufficient notice to the Registrar
- remain in office until the expiry of a notice of resignation or the appointment of a successor Representative Person taking effect
- hold information which identifies a ship’s owner, and provide said information to the Registrar within 7 days of a request to do so
The amendments allow for offences and the termination of a ship’s registration if there is non-compliance with the new obligations placed upon a Representative Person or upon an owner of a ship in respect of the appointment of a Representative Person.
Consultation paper: Amendments to Shipping (Registration) (Jersey) Regulations 2004
How to submit comments to the consultation
This consultation is now closed.
Data Protection
The information you provide will be processed in compliance with the Data Protection (Jersey) Law 2018.
Find more information in the
Department for the Economy privacy notice.
The Government of Jersey may quote or publish responses to this consultation but will not publish the name and addresses of individuals without consent.
Types of publishing may include:
- sending to other interested parties on request
- sending to the Scrutiny Office
- quoting in a published report
- reporting in the media
- publishing on the Government website
- listing on a consultation summary
Confidential responses will still be included in any summary of statistical information received and views expressed.
Under the Freedom of Information (Jersey) Law 2011, information submitted to this consultation may be released if a Freedom of Information request requires it, but no personal data may be released.
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