OFFICIAL GUIDE TO SHIP & YACHT REGISTRIES

Mauritius

Shipowner Eligibility 

In this Section and elsewhere in this publication:

"Act" means The Merchant Shipping Act 2007;

"Director" means the Director of Shipping, referred to in section 4 of the Act;

"Minister" means the Minister to whom responsibility for the subject of shipping is assigned;

"Proper Officer" means a person whose duty it is to perform, in a foreign country, any duty carried out in Mauritius by the Director, the Registrar, the Superintendent of Shipping or a Surveyor;

"Register" means the register for the registration of Mauritius ships;

"Registrar" means the Registrar of Ships who exercises the functions and powers conferred on him by the Act and performs such other duties as the Director may direct;

"Regulations" means The Merchant Shipping (Registration of Ships) Regulations 2008;

"SOLAS 1974" is the International Convention for the Safety of Life at Sea adopted by the International Conference on Safety of Life at Sea on 1 November 1974;

"Superintendent" means the Superintendent of Shipping who exercises the functions and powers conferred on him by the Act and performs such other duties as the Director may direct;

"Surveyor" means either a person designated as such by the Director under the Act or a surveyor appointed by one of the approved classification societies listed in Vessel Eligibility and Survey Requirements.

A person is qualified to be the owner of a Mauritius registered ship where he is:

(a) a citizen of Mauritius; or

(b) a body corporate incorporated in Mauritius and the place where meetings of its directors are regularly held is in Mauritius; or

(c) a maritime entity including a partnership, société, association or other body of persons which is a business entity; or

(d) where the holders of the majority interest in the ship are not resident in Mauritius but they are represented by an individual or body corporate which is resident in Mauritius in relation to the ship and who may be the managing owner of that ship so nominated for that purpose. For this purpose "majority interest" means where the person or persons hold legal title to 51 or more of the shares of the ship.

Non-Mauritius interests wishing to register a ship on the Mauritius ships register may either:

(i) appoint a representative person who is resident in Mauritius in relation to the ship; or

(ii) take advantage of the offshore company legislation to incorporate a Mauritius company licensed by the Financial Services Commission to hold a Category 1 Global Business License (a "GBC1 Company") or a Category 2 Global Business License (a "GBC2 Company"). The procedure for incorporation of such a company is explained on the Company Formation page.

Special Cases

The Minister is given power under the Act to exempt any class of ship from any of the requirements of the Act so shipowners are encouraged in special cases to make application for registration in cases which do not fall strictly within the requirements set out in this listing.

Shares in a Mauritius Ship

The property in a Mauritius Ship is divided into 100 shares.

About the Flag

Mauritius is an island of volcanic origin estimated to have been formed some 70 million years ago. It is situated in the West of the Indian Ocean between latitudes 19°58' and 20°32' South and longitudes 57°17' and 59°46' East. Its land area of 1865 square kilometers also has jurisdiction over the islands of Rodrigues, Agalega and St. Brandon.

On account of the island's remoteness from large land masses and the influence of the Southeast Trade Winds which bring marine air throughout the year, the climate is sub tropical and warm and pleasant all year round. Cyclones occur during the summer months (October to March). They may be disruptive but an efficient weather system provides forecasts, information and advice. Mauritius Standard Time is GMT +4.

Formerly uninhabited, Mauritius was discovered in the early 16th century by the Portuguese who, however, made no serious attempt at settlement. In 1688, the Dutch occupied the island but abandoned it in 1710. The Dutch named Mauritius after the Dutch prince, Maurice Van Nassau. The French took possession of the island and called it Isle de France. They developed the island rapidly until 1810 when it was handed over to the British and officially became a British colony in 1815. It became an independent country within the Commonwealth in 1968.

The population of Mauritius stands at slightly above 1 million. The rate of growth of the population is estimated at 0.8 % per annum and population density is 616 persons per square kilometer. Notwithstanding its size, the country embraces a great diversity of people of Indian, African, Chinese and European origin. The result is a mosaic of racial groups, cultures and religions which co-exist in a peaceful and enviable harmony. Not surprisingly, the languages spoken are as varied as the people, while English is the official language, French is commonly used in everyday life. However, Creole is the lingua franca and is understood by one and all.

Mauritius is internationally recognized as one of the few open and stable democracies among the developing countries. The Republic of Mauritius has a presidential democracy. The President is the Head of the State and Commander in Chief. The Prime Minister acts as Head of Government, with full executive power.

Internal transport is entirely dominated by vehicle traffic. Cheap public transport is provided by bus and taxi services which operate in all areas. The focal point of sea transport is Port Louis harbor that is situated in the Northwest of the island. It is a modern and efficient port which provides a wide range of cargo handling and harbor facilities including the handling of containers, petroleum products, fertilizers, cement, edible oil, etc. Transhipment facilities with a free storage period of 14 calendar days are available. In 2006, over 5 million tons of cargo were handled through the port.

There are regular sailings of cargo vessels between Mauritius and the United Kingdom, Europe, Africa, the Far East, Australia, the U.S.A. and Canada. Air traffic operates from Sir Seewoosagur Ramgoolam international airport, which is situated in the Southeast of the island and is about an hour's drive from Port Louis. The continuing rapid growth of cargo and passenger traffic has necessitated the extension of the cargo terminal and the construction of a new terminal building.

The major airlines serving the island are Air Mauritius, Air France, British Airways, Lufthansa, Air India, Singapore Airline, Cathay Pacific, Zambia Airways, South African Airways, Emirates and Virgin Atlantic Airways.

The island is covered by a telephone network that is fully digitalized with computer controlled electronic exchanges. A network of optical fiber cable has been installed. The system provides International Direct Dialing (IDD) facilities to all subscribers and access to the Internet. Mauritius is able to provide international gateway facilities to many countries. Mauritius is not just a tourist paradise. A ride inside the country will show you a nationwide beehive of industries with thousands of skilled men and women busily engaged in a spectacular industrial revolution.

Several key factors have contributed to our industrial development. These are: political stability within a democratic framework on the Westminster model, excellent air and sea connections, sophisticated communication facilities plugged into the world network, an educated workforce, bilingual in English and French. Mauritius is now embarking on the second phase of its industrial program in order to diversify its economy.

Apart from the industrial revolution, Mauritius has established sector services such as a centre for offshore business and a free port authority. The centre for offshore activities is providing a variety of schemes that can use Mauritius as a base to be involved in investment around the world. The Free Port Authority is becoming a platform to serve the Indian Ocean regions and the African countries with goods not only from Mauritius but also from any part of the world.

The Merchant Shipping Act has recently been amended to make the registry most attractive. The salient features of the Register of Mauritius Ships are described in this directory.

Company Formation

Applicable Law

Where a resident corporation, which is a body corporate formed or registered in Mauritius, proposes to conduct business outside Mauritius, it may be eligible to apply for a Category 1 Global Business License (a "GBC1") or a Category 2 Global Business License (a "GBC2"). The legal framework for the Global Business sector is embodied in Financial Services Act 2007 and falls within the purview of the Financial Services Commission (the "FSC").

In addition to a GBC1, a corporation proposing to conduct a business for which a separate license, authorization, registration or approval is required must hold the relevant permission before commencing business.

Method of Incorporation for a Company

Name of Company: The name of the company must be reserved at the Registrar of Companies. An application to incorporate together with the constitution of the company (if required) must then be submitted to the Registrar of Companies. A parallel application has to be made to the FSC for GBC1 or a GBC2 license.

GBC1: In relation to a GBC1, once the name approval has been obtained, two copies of the constitution of the company shall be submitted, together with the application for incorporation and notice of directors, secretary and shareholders. The officers of the company must execute consent forms and these must be filed with the Registrar of Companies.

An application for a GBC 1 license must be made to the FSC on the prescribed form (Form FS 4.1). The application form must be accompanied by:

(a) Relevant documents/information as per Guide to Completing the Application Form for a Category 1 Global Business License;

(b) Processing fee;

(c) Annual/License fee;

(d) Legal certificate from a law practitioner certifying that the application complies with the laws of Mauritius;

(e) Business plan of the proposed activities to be carried out by the applicant;

(f) Supporting certified copies of Customer Due Diligence documentation; and

(g) Incorporation documents including a copy of the constitution of the applicant and certified copies of the relevant statutory forms required upon incorporation of the company.

GBC2: In relation to a GBC2, the applicant must apply for incorporation with the Registrar of Companies.

An application for a GBC 2 license must be made to the FSC on the prescribed form (Form FS4.2). The application form must be accompanied by:

(a) Processing fee;

(b) Annual/License fee;

(c) Legal certificate from a law practitioner certifying that the application complies with the laws of Mauritius; and

(d) Incorporation documents including a copy of the constitution of the applicant and certified copies of the relevant statutory forms required upon incorporation of the company.

Who may Incorporate

A resident corporation may apply for Global Business Licenses. Applications should be channeled to the FSC through a Management Company. With regards to an applicant for a GBC1, a resident corporation includes a trust, société, partnership or any body of persons governed by the laws of Mauritius.

An applicant for a GBC2 can only be a private company proposing to conduct business other than banking or other financial services or any fiduciary services.

Directors and Secretary

When considering an application for a GBC1 the FSC will determine whether the conduct of business is or will be managed and controlled from Mauritius by having regard to the corporation matters such as having two directors, resident in Mauritius. The company shall at all times have a Management Company as secretary.

A GBC2 must have at least one director, who can be corporate or an individual and need not be resident in Mauritius. The company does not need to have a secretary.

Registered Office

All companies must have a registered office in Mauritius.

Meetings

Meetings can be held anywhere, but to determine that the conduct of business is or will be managed and controlled from Mauritius a GBC1 must provide for at least 2 directors from Mauritius to participate in meeting.

Filing Requirements

A GBC1 must:

(i) file its annual audited financial statements with the FSC within six months of the close of the financial year; and

(ii) notify the FSC whenever a person becomes the holder of 20% or more of the shares or voting powers of the company.

A GBC 2 is not required to file annual audited financial statements with the FSC unless the FSC considers it is required.

Migration

A company incorporated outside Mauritius can be continued in Mauritius. It has though to be de-registered or discontinued in the country of original incorporation. Continuation out of Mauritius into another jurisdiction is also allowed.

Exchange Control

There is no foreign exchange control in Mauritius.

Capital Requirements

There is no limit to the number of shares that can be issued by Global Business Companies, and the minimum issued share capital is one share of par value – except in case where an unimpaired stated capital is applicable and unless required under a license, registration, approval or authorization held under any other enactments.

Restriction on Activity

A GBC1 must at all times be administered by a Management Company. A GBC1 that seeks to carry out financial services activities need to hold the necessary authorization, registration, approval or license as required under relevant enactments. A GBC1 will still be held to be conducting business outside Mauritius although the GBC1 have the following dealings and transactions with residents of Mauritius:

(i) opening and maintaining a bank account in Mauritius currency for the purpose of its day to day transactions arising from its ordinary operations in Mauritius;

(ii) leasing, holding, acquiring or disposing of an immovable property or any interest in immovable property situated in Mauritius, subject to the relevant laws;

(iii) investing in securities listed on a securities exchange in Mauritius;

(iv) opening and maintaining an account in foreign currency;

(v) having interest in or dealing and transacting with other corporations holding a GBC license;

(vi) entering into a business relationship with a Management Company or a law practitioner or qualified auditor in Mauritius;

(vii) employ staff resident in Mauritius.

A GBC2 must at all times have a registered agent in Mauritius who shall be a Management Company. A GBC2 may not conduct any financial services activities, provide fiduciary services or engage in insurance or fund-related activities. It will still be held to be conducting business outside Mauritius although the GBC2 have the following dealings and transactions with residents of Mauritius:

(i) opening and maintaining an account in foreign currency;

(ii) having interest in or dealing and transacting with other corporations holding a GBC license;

(iii) entering into a business relationship with a Management Company or a law practitioner or qualified auditor in Mauritius

Taxation

A GBC1 is taxed at the rate of 15% on its income, with a deemed tax credit of 80% on foreign source income making an effective rate of 3%.

A GBC2 does not benefit from Mauritius' double taxation agreements.

Registration and Documentation

It is obligatory for every 'Mauritius' ship of 24 meters in length or more to be registered under the Merchant Shipping Act 2007.

Every ship seeking registration must carry insurance against risks of loss or damage to third parties.

The Port of Registry is Port Louis.

The Register of Mauritius Ships (the "Register") is under the responsibility of the Director. The Register is divided into the following 6 Parts:

Part One Ships that are not bareboat chartered may be registered under this Part.
Part Two Bareboat chartered ships may be registered under this Part.
Part Three Ships under construction may be registered under this Part.
Part Four Fishing vessels. Fishing vessels of 24 meters or more in length may be registered after a fishing license has been obtained in relation to the fishing vessel from the Ministry of Agro Industry and Fisheries in accordance with the requirements of the Fisheries and Marine Resources Act 2007.
Part Five Pleasure vessels. If it is intended that a pleasure vessel that is registered under this Part will be operated within Mauritius waters, a license to do so should be obtained from the Ministry of Tourism, Leisure and External Communications in accordance with the requirements of the Tourism Authority Act 2008.
Part Six Submersible craft may be registered under this Part.
A ship shall only be registered under one Part but registration may be transferred from one Part to another as may be appropriate according to the particular circumstances.

Types of Registration

'First registration' Where a ship is being registered for the first time in Mauritius whether provisional or permanent registration
'Permanent registration' Where a ship is permanently registered after fulfillment of all of the registration procedures
'Provisional registration' Where a ship is at a port outside of Mauritius at the time of application for first registration and this is covered under Section 8 below. Provisional registration is valid for a period not exceeding the earlier of the expiration of 3 months from the date of the certificate of provisional registration or the date of arrival of the ship at the Port of Port Louis.
'Registration Anew' Where the ownership of a ship is changed and the owner applies to the Registrar to register the ship anew. The Registrar follows the same procedure as in the case of a first registration and upon surrender of the existing certificate of registration and compliance with all the other requirements for registration, the Registrar registers the ship anew and issues a new certificate of registration.
'Interim registration' Where there is a written contract for the transfer of a ship or a share in a ship and it is intended that on execution of the relevant bill of sale the ship will be entitled to be registered in Mauritius. The Registrar may register the ship on an interim basis and issue a certificate of registration which is valid for 21 days from its date of issue.
In order to obtain permanent registration of the ship, the transferee of the ship shall deliver the relevant documents required for permanent registration together with the bill of sale executed under the contract to the Registrar within 21 days of the date of issue of the interim certificate. The Registrar shall then make the relevant entries in the Register and issue a certificate of registration.

How to obtain Provisional Registry of a Ship

The requirements in respect of age, class, proof of liability insurance and international conventions (see Vessel Eligibility) also apply to any ship seeking provisional registration.

A provisional registration is valid until the earlier of the expiration of 3 months from the date of the provisional certificate or the date of arrival of the ship at the Port of Port Louis and under the Act has the same effect as a certificate of registration.

The Act provides for a provisional registry certificate to be issued where a ship becomes entitled to be registered whilst at a port outside Mauritius. It can be issued by a Proper Officer if the Proper Officer is satisfied as to the ownership of the ship which he will normally be on production of application to register (together with the relevant documents of title and declaration of ownership.

The requirements for survey and carving and marking (that are needed for Permanent Registry) need not be fulfilled for provisional registration.

On receipt of the above documents and payment of fees, the Proper Officer issues a provisional certificate of registry (Provisional Certificate of Mauritius Registry). The Proper Officer is required to forward a copy of the provisional certificate to the Registrar at the first convenient opportunity.

How to obtain Permanent Registration of a Ship

The requirements to be observed before 'permanent registration' can be effected are as follows:

Application for Registry

Every application for the registration of a ship must be made to the Registrar on the prescribed form. If the owner is a body corporate the Regulations also require production of:

(a) a copy of certificate of incorporation certified to be a true copy by a director or its company secretary;

(b) a copy of resolutions of its board of directors, certified to be a true copy by a director or its company secretary, authorizing a director or the company secretary, or an original power of attorney signed by a director authorizing one or more named persons, to effect registration of the ship in Mauritius.

Declaration of Ownership

Every application for registration must be accompanied by a declaration of ownership. The declaration must be made by the person who is to be registered as owner of the ship or a share in the ship, or the person authorized to make the declaration on behalf of the relevant body corporate or maritime entity. The declaration must:

(a) refer to the ship as described in the certificate of a builder or a surveyor;

(b) contain a statement of the number of shares in the ship the legal title to which vests in the party making the declaration and whether the shares are held alone or jointly with any other person;

(c) state that the ship is seaworthy;

(d) state the name of the ship's master and particulars of his certificate of competency number;

(e) where the ship was previously registered in another country, to state that the ship has been deleted from such register free and clear of registered encumbrances and provide evidence of same by way of production of a deletion certificate.

Evidence of Title to Ownership

The evidence of ownership normally to be produced consists of:

(a) for a new ship, the builder's certificate; or

(b) for a ship which is not new, the bill of sale or other equivalent document acceptable to the Registrar, evidencing the most recent transfer of ownership.

There is no form of builder's certificate prescribed by the Act.

Foreign Registry: An application in respect of a ship which has immediately before the application been registered in the registry of a foreign state shall be accompanied by a certified extract of the register of the foreign registry pertaining to that ship.

Name, Carving and Marking

(a) Name: A ship must be described only by the name under which it is registered. A change in the name of a ship can only be made with the written permission of the Registrar.

(b) Carving and Marking: An official number will be allocated and the ship must be carved. Before registration a ship shall be marked permanently and conspicuously to the satisfaction of the Director in the following manner:

(i) Its name shall be marked on each of its bows and its name and port of registration shall be marked on its stern;

(ii) Its official number and net tonnage shall be marked on a main part of the ship's permanent structure that is readily visible and accessible in a manner specified by a Surveyor;

(iii) A scale of meters (if the ship was built after 1 May 1998) or feet (if the ship was built before 1 May 1998) denoting its draught of water shall be marked on each side of its stem and its stern post.

Once the ship has been carved and marked in accordance with the requirements of the Act a Surveyor shall inspect the carving and marking of the ship. The Surveyor shall sign the prescribed form (Ship's Carving and Marking Note) and return it to the Director.

The Director has the power to exempt a ship or class of ships from any carving and marking requirements subject to such conditions as he may impose.

Survey: Before registration, a ship shall be surveyed and have its tonnage ascertained by a Surveyor. The Surveyor shall thereafter grant a Certificate of Survey for delivery to the Registrar specifying the ship's tonnage and build and other particulars required by the Director.

Where a ship intended to be registered in Mauritius has already been measured according to the International Convention on Tonnage Measurement of Ships 1969 in a foreign country, the Director may treat the ship as being of the tonnage denoted in its previous certificate of registration without the ship being re-measured if such a ship is in possession of a valid International Tonnage Certificate.

A Surveyor may determine that a ship should be re-measured and issued with a new tonnage certificate.

Additional Documents to be produced for Registration (See Vessel Eligibility)

Copies of:

(a) Certificate of Class Maintenance issued by a classification society recognized by Mauritius;

(b) Proof of liability insurance;

(c) Mauritius Load Line Certificate issued under the provisions of the International Load Line Convention 1966;

(d) Mauritius Cargo Ship Safety Equipment Certificate issued under the provisions of SOLAS 1974;

(e) Mauritius Cargo Ship Safety Radio Certificate under the provisions of SOLAS 1974;

(f) (In case of a passenger ship) Mauritius Passenger Ship Certificate under the provisions of SOLAS 1974;

(g) Mauritius Cargo Ship Safety Construction Certificate under the provisions of SOLAS 1974;

(h) Mauritius Oil Pollution Prevention Certificate under the International Convention for the Prevention of Pollution from Ships 1973 (as modified by the Protocol of 1978 relating thereto);

(i) Any other certificate under any other further convention to which Mauritius has acceded at the time of first registration.

If Mauritius accedes to any further Convention after the date of first registration, the ship shall comply with that additional Convention and procure the issue of the relevant certificates under the additional Convention.

Existing certificates issued by a foreign state which is a party to the Convention to which Mauritius has acceded at the date of first registration may be accepted by the Director for issue of a provisional registration certificate of the ship. New Mauritian certificates issued under the Conventions must be submitted to the Director before expiry of existing certificates and not later than 90 days of issue of the provisional or permanent certificate of registration, whichever shall first occur.

On completion of the above requirements, the form of permanent certificate of registry is issued by the Registrar.

On registration of the ship, the Registrar will retain in his possession a copy of any builder's certificate or bill of sale or other evidence of title produced on registration, as well as any certificate of measurement or survey, and all declarations made in connection with the registration.

If at any time a change occurs in relation to a registered ship and that change affects the eligibility of the ship to be registered, the owner of the ship must notify the Registrar as soon as practicable after the change occurs. The notification must be in writing, signed by the owner and must specify the nature of the change and the name and the official number of the ship.

How to change the Name of a Mauritius Ship

Any change in name requires the approval of the Registrar. If the Registrar approves the proposed change of name he shall issue a marking note to the owner. On receipt of the marking note the owner shall cause the ship to be marked with the new name in the prescribed manner. Once the ship has been marked in the prescribed manner the owner shall complete the marking note and return it to the Registrar.

On receipt of the duly completed marking note the Registrar shall record the change of name in the Register, cancel the existing certificate of registry and issue a new certificate of registry to the owner showing the new name and particulars of the change of name.

Registration forms are available on the Registry website.

Bareboat Charter Registration

Bareboat Charter into the Registry
Mauritius permits parallel registration in Mauritius of a ship which is registered in a foreign register. Where a ship:
(a) is registered under the laws of a foreign country;
(b) is chartered by the owner or by a charterer with the owner's consent to a person who is qualified to own a Mauritius ship;
(c) is operated under a bareboat charter for a period of 2 years or more (or such shorter period as may be authorized by the Director); and
(d) is authorized by the Proper Officer of the foreign country to be registered in a bareboat registry of another jurisdiction and an application for registration is made under the Act,

The Registrar may register the ship and issue a certificate of registration.

In order to obtain parallel registration in Mauritius of a foreign ship, application must be made to the Registrar by the Mauritius citizen or body corporate established under the laws of Mauritius and having its registered office in Mauritius who is the bareboat charterer. Every application for registration of the ship must be in a form approved by the Registrar and must be accompanied by:
(a) a statement that the ship is subject to a bareboat charter;
(b) a copy of the charter party;
(c) the certificate of registry, or other document, issued by the authority responsible for the registration of ships of the country of primary registration showing the ownership of the ship;
(d) where the charterer is a body corporate:
(i) a copy of the certificate of incorporation, certified a true copy by a director or its company secretary; and
(ii) a copy of resolutions of its board of directors, certified to be a true copy by a director or its company secretary, authorizing a director or the company secretary, or an original power of attorney signed by a director authorizing one or more named persons, to effect registration of the ship in Mauritius;
(e) consent in writing of the registered owner of the foreign ship;
(f) consent in writing of the maritime authorities of the country of foreign register and a certificate of ownership and mortgages of that foreign register;
(g) consent in writing of all the mortgagees; and
(h) the prescribed fee.

The applicant is also required to produce all other documents required by the Act and the Regulations for a first permanent registration.
If the application for parallel registration in Mauritius is approved then, on payment of the prescribed fees for the whole period for which the parallel registry is to be in force, the Registrar will enter the particulars of the ship in the Register and issue a Certificate of Mauritius Parallel Registry (Certificate of Mauritius Parallel Registry).

During the period for which the status of Mauritius parallel registry is in force, the ship will fly the Mauritius flag and is not permitted to use the flag of the foreign country. The port of Port Louis should be marked on the ship.

During the status of parallel registry the ship will keep the name that it had when application for registration was made. In case of change of name, application for approval must be made by the charterer to the Registrar for approval.

Registry of mortgages on a ship subject to parallel registration will be effected in accordance with the law of the foreign register, but details should be sent to the Registrar for entry in the relevant part of the Register.

The Registrar may terminate the registration of the bareboat chartered ship where:
(a) the ship ceases to be operated under the bareboat charter; or
(b) the charterer transfers his rights and obligations under the bareboat charter which causes the registration of the ship to cease; or
(c) the registration of the ship in the foreign country is closed or annulled; or
(d) the authorization previously granted by the Proper Officer to register the ship in the bareboat registry of another jurisdiction is revoked; or
(e) there is any other reason for deletion of the ship under the Act (e.g. non-payment of fees).
Upon such deletion the Registrar may issue a certificate confirming that the ship has been deleted from the Register and notify the responsible authority for registration of ships in the country of primary registration.

Bareboat Charter out of the Registry
Mauritius permits a Mauritius ship to have parallel bareboat registry in a foreign register subject to satisfaction of certain conditions (see below). The Registrar may, with the approval of the Minister and on application to that effect made in the prescribed manner (Application for Approval of the Registrar for Parallel Registration of a Mauritius Ship in a Foreign Register), permit the owner of a Mauritius ship to register the ship in the bareboat charter registry of another jurisdiction. The registration of the ship in the Mauritius Registry shall be suspended whilst the ship is registered in a bareboat charter registry of another country.

The Registrar may grant permission for parallel registration of a Mauritius ship in a foreign register where:
(a) the ship is subject to a bareboat charter pursuant to which the owner is not responsible for the management, operation or control of the ship for the period of the charter;
(b) every mortgagee of the ship has consented to the permission being granted;
(c) the owner has delivered to the Registrar:
(i) a certified copy of the bareboat charter;
(ii) the certificate of registration of the ship in the Register; and
(iii) any other certificate issued in respect of the ship under the Act; and
(d) the Registrar has received confirmation of acceptance of bareboat charter registration from the
Proper Officer of the country where the ship is intended to be registered.
If the application for parallel registry of the Mauritius Ship is approved by the Registrar, he will issue his approval.

The status of parallel registry is revoked if:
• the ship ceases to be registered in the bareboat charter registry at which it is registered;
• the bareboat charter is terminated;
• on an application from the owner or mortgagee of the ship; or
• on the request of the Proper Officer of the other country.

During the status of parallel registry the ship shall:
(a) be suspended in the Mauritius Register of Ships;
(b) no longer have the Port of Port Louis as its port of registration;
(c) cease to pay any fee that may be prescribed and to be subject to the same financial obligations as other Mauritius ships, except for payment of crew fees and radio fees; and
(d) fly the foreign flag and shall not fly the national colors of Mauritius.

Any mortgages on the Mauritius ship at the time of parallel registration in the foreign register will continue to exist and be a charge on the ship and are not affected by the parallel registration. During the status of parallel registry in the foreign register, transfers of ownership and mortgaging of the ship will continue to be effected on the Mauritius ship register only and will be notified by the Registrar to the appropriate maritime authorities of the foreign register. Under Mauritius law, any purported transfer of ownership or mortgaging on the foreign register of a Mauritius Ship subject to parallel registry will be treated as null and void.

Sale of a Vessel Remaining on a Mauritius
How to Transfer a Mauritius Ship Remaining on the Register
A transfer of a Mauritius ship or a share in it is effected by a bill of sale (Body Corporate) or (Individuals or Joint Owners) containing a description of the ship as in the surveyor's certificate, or some other description sufficient to identify the ship to the satisfaction of the Registrar. The bill of sale must be executed by the transferor in the presence of, and attested by a witness.

Where there is a transfer of a registered ship the new owner must, within 30 days of the transfer, apply to the Registrar for the transfer to be registered. The application for the registration of the transfer must be accompanied by a duly executed bill of sale together with a declaration to the effect that the transferee is qualified to own a Mauritius ship and that, to the best of his knowledge and belief, the ship is otherwise entitled to be registered (Declaration of Ownership). The Registrar will enter the name of the transferee as owner of the ship or share in the Register, endorse the bill of sale indicating the date and time of endorsement and issue a new certificate of registration.

How to transfer out of Mauritius Flag
If title to a Mauritius Ship or any share therein is transferred to persons other than a Mauritius citizen or body corporate established under the laws of Mauritius, the ship will cease to be a 'Mauritius Ship'. The Mauritius certificate of registry must be surrendered

Vessel and Yacht Eligibility & Survey Requirements

It is obligatory for every 'Mauritius' ship of 24 meters in length or more to be registered under the Act.
Ships
Every type of vessel, including a barge, lighter, dredger, mobile dredging unit, high speed craft or air-cushion vehicle however propelled, intended for use in navigation is eligible for registration, but under the Regulations in order to be registered, whether provisional or permanent registration, it must also satisfy the following:
(a) Age: At the time of first registration, it must not be more than 15 years of age from completion of first construction. The Registrar may, on such conditions as he thinks fit, accept a ship of more than 15 years.
(b) Class: Every ship of 500 gross tons or more seeking registration must maintain class with one of the following recognized classification societies:
• American Bureau of Shipping
• Bureau Veritas
• Det Norske Veritas
• Hellenic Register of Shipping
• Lloyds Register of Shipping
• Nippon Kaiji Kyokai
• Indian Register of Shipping
• Korean Register of Shipping

Crewing

What Officers and Crew may be Employed on a Mauritius Ship

There is no requirement that the officers or crew of a Mauritius Ship must be citizens of Mauritius.

The Act provides for the approval by the Director of foreign certificates of competency, where appropriate.

A crew agreement shall be entered into between each person employed as a seafarer in a Mauritius ship and the person employing him. The crew agreement must be signed by each party. The terms and form of a crew agreement must be approved by the Director.

Mortgages

How to Register a Mortgage on a Mauritius Ship

A registered or provisionally registered ship, a ship under construction or a share in any such ship may be made security for the repayment of a loan or the discharge of any other obligation by means of a deed of mortgage in such form as may be prescribed. The execution of the mortgage shall be attested.
The form of mortgage in "account current" form has been prescribed by The Merchant Shipping (Registration of Ships) Regulations 2008. There is one form to be used where the mortgagor is a "body corporate" and another where the mortgagor is/are "individuals or joint owners".

The "account current" form of mortgage follows exactly the British model, except that the Act requires there to be attached to the mortgage form a Deed of Covenants agreed between the parties dealing with any matter relating to the mortgage.

The Registrar shall register deeds of mortgage in the order in which they are produced to him. The Registrar shall sign on each deed of mortgage a statement to the effect that it has been registered.
The method of registration of the mortgage depends on whether the mortgage is being executed in Mauritius or abroad:

In Mauritius: On presentation of the mortgage to the Registrar and payment of the appropriate fee, it is recorded by the Registrar who endorses on the mortgage the day an hour of recordation.

Outside Mauritius: The mortgage deed may be deposited with a Proper Officer who shall upon payment of the appropriate fee immediately notify the Registrar, indicating the date and hour of the deposit of the mortgage. Upon receipt of the notice the Registrar shall record the mortgage in the Register as from the date and hour of its deposit with the Proper Officer. The Proper Officer shall forthwith forward the original deed of mortgage to the Registrar who shall endorse it.

Priority of mortgages – Where two or more mortgages are registered in respect of the same vessel, the priority of the mortgages between themselves shall be determined by the order in which the mortgages were registered.

However, the Registrar may give an intending mortgagee a priority notice which, when recorded in the Register, shall determine the priority of the interest to which the notice relates.

Every registered mortgagee has under the Act a statutory power to sell the ship or share of which it is the registered mortgagee.

How to discharge a Mauritius Ship Mortgage
The prescribed forms of 'account current' mortgage, both the 'body corporate' form and the `individuals or joint owners' form, has on the reverse side a memorandum of discharge which is itself given in two forms:
• 'Discharge of Mortgage - By Individuals or Joint Mortgagees'
• 'Discharge of Mortgage - By Body Corporate'

The appropriate form should be completed by the mortgagee and attested and then produced to the Registrar in Port Louis for registration.

In order to discharge a mortgage the deed of mortgage, with a receipt for any sum due endorsed on it, must be produced to the Registrar. The Registrar will then make an entry in the Register to the effect that the mortgage has been discharged. The Registrar has a discretion to record the discharge of a mortgage without sight of the deed of mortgage if he is satisfied that the original deed of mortgage cannot be produced to him for a good reason.

Fees

Incorporation Costs and Fees: Payable to the authorities as follows in US$:
GBC1 Company GBC2 Company
Registrar of Companies Incorporation Fee 250
Registrar of Companies Annual Fee 250
FSC - License Processing Fee 500 100
FSC - License Annual Fee 1500 235
Under the Merchant Shipping (Fees) Regulations 2008: Fees in US$:
(1) Yachts
(i) Initial registration fee 500.00
(ii) Annual fee 300.00
(2) Fishing Vessels
(i) Initial registration fee
(a) Up to 1500 GT 300.00
(b) For each GT in excess of 1500 GT 0.20
(ii) Annual Fee
(a) Up to 1500 GT 300.00
(b) For each GT in excess of 1500 GT 0.20
(3) Other Vessels
(i) Initial registration fee
(a) For each GT up to 20,000 GT 0.25
subject to a minimum of 300.00
(b) For each GT in excess of 20,000 GT 0.15
(ii) Annual fee (Tonnage Tax)
(a) For each GT up to 20,000 GT 0.20
subject to a minimum of 300.00
(b) For each GT in excess of 20,000 GT 0.15
(c) Marine Investigation and International Participation 700.00 + 0.02 per GT
(d) Marine Inspection 500.00
(4) Other Fees
Fishing Vessels Other Vessels
Issue of Provisional Certificate of Registration 100 200
Issue of Permanent Certificate of registration 100 200
Change of Name 100 200
Mortgage Recording 200 400
Assignment Fee 100 200
Issuance of a Transcript of Register 25 50
Issuance of an Extension to a Provisional Certificate of Registry 100 200
Where a ship is first registered after 31 January in any year, the annual fees payable shall be calculated for every month or part of a month at the rate of one-twelfth of the annual fee.

Contact

The Director General
Maurituis Ports Authority
H. Ramnarain Building
Mer Rouge
Port Louis
Republic of Mauritius

Email: info@mauport.com
Tel: + 203-206-5400
Fax: + 203-240-0856

Website: http://www.mauport.com/
Furthermore, any Mauritius consul is authorized to act for the Government of Mauritius in respect of registration of ships under the flag.

Stockholm Agreement 96
IMO Convention 48
* IMO amendments 91 
* IMO amendments 93
SOLAS Convention 74
SOLAS Protocol 78
SOLAS Protocol 88
LOAD LINES Convention 66
LOAD LINES Protocol 88
TONNAGE Convention 69
COLREG  Convention 72
CSC Convention 72
CSC amendments 93
SFV Protocol 93
STCW  Convention 78
STCW-F Convention 95
SAR  Convention 79
STP Agreement 71
STP Protocol 73
IMSO Convention 76
INMARSAT OA 76
INMARSAT amendments 94
INMARSAT amendments 98
IMSO amendments 2006
IMSO amendments 2008
FACILITATION Convention 65
MARPOL 73/78 (Annex I/II)
MARPOL 73/78 (Annex IV)
MARPOL 73/78 (Annex V)
MARPOL Protocol 97 (Annex VI)
London Convention 72
London Convention Protocol 96
INTERVENTION Convention 69
INTERVENTION Protocol 73
CLC Convention 69
CLC Protocol 76
CLC Protocol 92
FUND Convention 71
FUND Protocol 92
FUND Protocol 2003
NUCLEAR Convention 71
MARPOL 73/78 (Annex III)
PAL Protocol 76
PAL Protocol 90
PAL Protocol 02
LLMC Convention 76
LLMC Protocol 96
SUA Convention 2005
SUA Protocol 2005
SALVAGE Convention 89
OPRC  Convention 90
HNS Convention 96
OPRC/HNS 2000
BUNKERS CONVENTION 01
ANTI FOULING 01
BALLASTWATER 2004
NAIROBI WRC 2007
HONG KONG CONVENTION
HNS PROT 2010
Cape Town Agreement 2012
SUA Convention 88
SUA Protocol 88

IMO Conventions

Status of Conventions Mauritius

IMO Convention 48 x
SOLAS Convention 74 x
SOLAS Protocol 78
SOLAS Protocol 88 x
SOLAS Agreement 96
LOAD LINES Convention 66 x
LOAD LINES Protocol 88 x
TONNAGE Convention 69 x
COLREG Convention 72 x
CSC Convention 72
CSC amendments 93
SFV Protocol 93
Cape Town Agreement 2012
STCW Convention 78 x
STCW-F Convention 95
SAR Convention 79 x
STP Agreement 71
Space STP Protocol 73
IMSO Convention 76 x
INMARSAT OA 76 x
IMSO amendments 2006
IMSO amendments 2008
FACILITATION Convention 65 x
MARPOL 73/78 (Annex I/II) x
MARPOL 73/78 (Annex III) x
MARPOL 73/78 (Annex IV) x
MARPOL 73/78 (Annex V) x
MARPOL Protocol 97 (Annex VI) x
London Convention 72
London Convention Protocol 96
INTERVENTION Convention 69 x
INTERVENTION Protocol 73 x
CLC Convention 69 d
CLC Protocol 76 x
CLC Protocol 92 x
FUND Protocol 76 x
FUND Protocol 92 x
FUND Protocol 2003
NUCLEAR Convention 71
PAL Convention 74
PAL Protocol 76
PAL Protocol 90
PAL Protocol 02
LLMC Convention 76 x
LLMC Protocol 96
SUA Convention 88 x
SUA Protocol 88 x
SUA Convention 2005
SUA Protocol 2005
SALVAGE Convention 89 x
OPRC Convention 90 x
HNS Convention 96
HNS PROT 2010
OPRC/HNS 2000 x
BUNKERS CONVENTION 01 x
ANTI FOULING 2001
BALLASTWATER 2004
NAIROBI WRC 2007
HONG KONG CONVENTION

x= ratification
d=denunciation

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