OFFICIAL GUIDE TO SHIP & YACHT REGISTRIES

South Africa

Shipowner Eligibility 

Qualifying Ownership Requirements:

(a) South African citizen

(b) A body corporate established in terms of a law of the Republic with a place of business in the
Republic

(c) A trust in which -
(i) The majority of the trustees having the controlling power at any given time are South African
Nationals as in (a) and (b) above;
(ii) A majority of the beneficial interests are held by such South African Nationals;

(d) The Government of the Republic.

About the Flag

South Africa is located on the southernmost tip of the African continent bordering on Botswana, Namibia, and Zimbabwe to the north and Mozambique and Swaziland to the east. It surrounds Lesotho. A member of the Commonwealth, the UN and the IMO, South Africa is a republic with a bicameral legislature. The Chief of State and Head of Government is the Executive President. The legal system is based on Roman-Dutch law and English common law. South Africa's capital is Pretoria, and there are eleven official languages including English.

The highly-developed economy is based on rich mineral resources, and major exports include gold and other metals, food, and chemicals. South Africa's chief ports are Durban, Cape Town, East London, and Port Elizabeth and the currency is the rand. Principal trading partners are Italy, Japan, the United States, Germany, and the United Kingdom.

The prevailing legislation for Ship Registration in South Africa is the Ship Registration Act 58 of 1998
(as amended) and the Ship Registration Regulations, 2002 (as amended).

Company Formation

Company registration in South Africa is done by the Companies and Intellectual Property Commission (referred to as CIPC) and the necessary forms and fees payable as well as further information relating to the different types of entities that can be registered can be found on the CIPC website at www.cipc.co.za
Formation of Trusts is dealt with by the Master of the High Court which is a division of the Department of Justice and Constitutional Development. The procedure for registration as well as fees and contact details can be found on their website at www.justice.gov.za/master/index.html

Taxation

The tax regime - Section 12Q of the Income Tax Act of 1962 was recently amended by the Tax Laws Amendment Act of 2013. For ease of reference and understanding, I have copied the section below:
‘‘Exemption of income in respect of ships used in international shipping"
12Q. (1)
For the purposes of this section— ‘international shipping’ means the conveyance for compensation of passengers or goods by means of the operation of a South African ship mainly engaged in international traffic; ‘international shipping company’ means a company that is a resident that holds a share or shares in one or more South African ships that are utilised in international shipping; ‘international shipping income’ means the receipts and accruals of a person derived from international shipping; ‘South African ship’ means a ship which is registered in the Republic in accordance with section 15 of the Ship Registration Act, 1998 (Act No. 58 of 1998).
(2)
a) There must be exempt from normal tax any international shipping income of any international shipping company.
b) Any capital gain or capital loss in respect of any year of assessment of any international shipping company determined in respect of a South African ship engaged in international shipping must be disregarded in determining the aggregate capital gain or aggregate capital loss of that international shipping company.
(3) The rate of dividends tax contemplated in section 64E that is paid by an international shipping company on the amount of any dividend derived from international shipping income must not exceed zero per cent of the amount of that dividend.’’.
(4) Subsection (1) comes into operation on 1 April 2014 and applies in respect of years of assessment commencing on or after that date.

Amendment of section 12Q of Act 58 of 1962, as inserted by section 41 of this Act 42. (1) Section 12Q of the Income Tax Act, 1962, is hereby amended by the addition after subsection (3) of the following subsection:

(5) There must be exempt from the withholding tax on interest any amount of interest if that amount is paid to any foreign person, as defined in section 50A, by an international shipping company in respect of debt utilised to fund the acquisition, construction or improvement of a South African ship utilised for international shipping.’’.

(6) Subsection (1) comes into operation on 1 January 2015 and applies in respect of interest received or accrued on or after that date.

Registration and Documentation

DOCUMENTARY REQUIREMENTS FOR FULL SHIP REGISTRATION
Qualifying Ownership Requirements:
(a) South African citizen
(b) A body corporate established in terms of a law of the Republic with a place of business in the Republic
(c) A trust in which -
(i) The majority of the trustees having the controlling power at any given time are South African Nationals as in (a) and (b) above;
(ii) A majority of the beneficial interests are held by such South African Nationals; and
(d) The Government of the Republic.

DOCUMENT REQUIREMENTS:
1. Application for Registration - Bareboat Charter (OP-1109/1)
1.1 Form to be completed and signed by a representative of the Chartering Company.
1.2 Note: This form requests the Call Sign and Radio Station Licence details from ICASA but this will not yet have been issued and therefore this block can be left blank.
2. Declaration of Ownership & Nationality (OP-1108/3)
2.1 To be signed in the presence of a Commissioner of Oaths and by a duly authorized
representative of the Chartering Company.
3. Builders Certificate
4. Copy of the Foreign Bill of Sale
5. Deletion Certificate from Current Registry
6. Pre-Registration Survey Report

Pre-Registration Surveys are mandatory for all vessels wanting to register their vessel under the South African Flag including vessels registered under a bareboat charter agreement. The purpose of this survey is to determine the suitability of the vessel to come onto the South African Register.

The survey will be carried out by a SAMSA surveyor. If the vessel is not at a South African Port, then the costs of transport and subsistence for getting one of the SAMSA surveyors to the port where the vessel is, will be for the account of the shipowner/ charterer.

In certain instances, SAMSA may exercise its discretion and delegate the responsibility of carrying out the pre-registration survey to one of the Recognised Organizations on behalf of SAMSA. In this case, copies of all survey reports/documentation and/or certificates issued by these Recognized Institutions on
SAMSA's behalf shall be forwarded to SAMSA for our records.

7. Proof of the International Maritime Organization Number
8. Ship Radio Requirements
8.1 Radio Station Licence
Independent Communications Authority of South Africa (ICASA)
Ground Floor, Knowledge Park III, Heron Crescent, Century City, Cape Town
Contact Person: Ms Jackie Le Roux
Email: jleroux@icasa.org.za / Tel.: +27 (0) 21 561 6800
Procedure:
Complete the ICASA Radiocommunication Application Form and attach copy of Shipowner Registration Documentation together with the proof of payment of R 600.00 (R 480-00 for the application and R 120-00 for the issuing of the licence) and scan & email it to:
hdiedericks@icasa.org.za
evanloggerenberg@icasa.org.za
jkoae@icasa.org.za
krapulana@icasa.org.za

If the Shipowner is a Company, the following must be submitted:
• Memorandum of Incorporation/Certificate of Incorporation
• Companies and Intellectual Property Commission (CIPC) confirmation
• Directors Resolutions

If the Shipowner is a Close Corporation, the following must be submitted:
• Founding Statement and List of Members
• Copies of the Identity Documents of the Members

If the Shipowner is a Trust, the following must be submitted:
• Title Deed of the Trust
• Statement of the Nationality of each Beneficiary and Description of each Person's beneficial interest in the Trust.

If the Charterer is an Individual
• A copy of his/her Identity Document
• Once the MMSI Number Allocation has been issued by ICASA, a copy must be provided to SAMSA.

The original Radio Station Licence will be sent directly to the client by ICASA and a copy of this document must also be provided to SAMSA to be kept on record.

2. Inmarsat Registration and Activation
• The registration and activation of the Inmarsat is done by Inmarsat in the United Kingdom.
• Inmarsat "Registration for Service Activation" Application Form to be completed and submitted and thereafter Inmarsat will issue a South African Inmarsat Mobile Number.
• The shore based service provider contracted to reprogramme the GMDSS equipment will normally liaise and assist the shipowner with the completion of the forms necessary for the registration/activation process.
• The Global Customer Support Office at Inmarsat in the United Kingdom can be contacted for further assistance, if necessary:
Tel: +44 207 728 1020
Email: GlobalCustomerSupport@inmarsat.com

3. Accounting Authority Identification Code (AAIC)
• All Maritime Earth Stations on board vessels which form part of a Global Maritime Distress Safety System (GMDSS) installation must have an officially approved AAIC.
• South Africa has two approved AAIC's - GB01 and GB08
GB01: NAVIBULGAR SERVICES LTD & A-N-D GROUP PLC
Navibulgar Services Ltd
1 Primorski Blvd, Varna 9000
Bulgaria.
Contact Person: Zhana Karagyozova
Email: mss@navibulgar-services.com) / Tel.: +359 (0) 52 683 481
Request Agreement for PSA/AAIC services between Navibulgar Services Ltd and the Shipowner/Charterer.

Copies of the following documentation is required:
• Certificate of Good Standing of Shipowners;
• Name of authorised person who will sign the agreement for the shipowners. If he is a proxy, please send a copy of the POA;
• Certificate of Good Standing of Ship Managers;
• Name of Authorised Person who will sign the Agreement for the Ship Managers. If he is a proxy, please send a copy of the POA.
A-N-D Group PLC
Tanners Bank, North Shields
Tyne and Wear NE30 1HJ
United Kingdom
Contact Person: Jayne Heslop
Email: jayne.heslop@and-group.net / Tel.: +44 (1) 91 258 1635
GB08: SELEX COMMUNICATIONS LIMITED
Selex Communications Limited
Marconi House, New Street
Chelmsford Essex CM1 1PL
United Kingdom
Email: airtime.support@selex-es.com / Tel.: +44 (0) 1268 823 924
Note: Additional ICASA Fee for the registration and licensing of the Inmarsat C is R 120.

4. Emergency Position Indicating Radio Beacon (EPIRB) Registration Form
• Complete the 406 MHZ EPIRB Registration Form and fax it to MRCC Office
• Email address: mrcc.ct@samsa.org.za/ fax number: +27 (0) 21 938 3309
• Contact Person: Jared Blows
• Submit a copy of the MRCC confirmation to the Office of the Registry at SAMSA

5. Authority to Operate GMDSS
Foreign Certified GMDSS radio operators, serving on South African registered vessels, require a South African "Authority to Operate" ("ATO"). The ATO authorises the holder to operate a ship station or a ship earth station established in a ship under a licence issued by the Independent Communications Authority of South Africa.

The Application for a Certificate of Equivalent Competency includes the application for an ATO, as applicable. Copies of the foreign issued COC, the GMDSS GOC as well as the STCW Endorsement should be attached to the application. The crew member, provided that the SAMSA Senior Examiner is satisfied with the application, will be issued with an A4 South African Authority to Operate and a STCW Endorsement.

Reference can be made to the Marine Notice 14/15 of 2015 for more information on Recognition of Foreign Seafarer Certificates of Competency in terms of the STCW Convention.

9. ISM & ISPS DECLARATIONS/SAFE MANNING DOCUMENT
9.1 ISM Code Declaration of Company
SAMSA form to be completed and signed by the Chairman or CEO of the Shipowner
9.2 ISM Code Declaration of Designated Person Ashore
SAMSA form to be completed and signed by the Designated Person Ashore
9.3 ISPS Code Declaration of Company Security Officer
SAMSA form to be completed and signed by the Company Security Officer & Director of the Owning Company.
9.4 Safe Manning Document
The Safe Manning Document will be issued by the Principal Officer of the respective Port of Registry.
(Refer Contact Details for SAMSA Principal Officers)

10. SHIP PLANS
For vessels registering under Bareboat Charter the following ship plans must be submitted to SAMSA:
• General Arrangement Drawing;
• Lines Plan;
• Construction Plan(s);
• Shaft and Rudder Drawing;
• Shell Expansion Drawing;
• Bilge System Schematic;
• Sea Water System Schematic;
• Fuel System Schematic;
• Tank/Capacity Plan;
• Engine Room Layout;
• Cargo Refrigeration System Schematics;
• Load Line Plan;
• Safety Plan;
• Particulars;
• SOPEP Manual; and
• Stability Book
SAMSA Naval Architect - Cape Town
Contact Person: Mrs Emina Dzinic
Email: EDzinic@samsa.org.za / +27 (0) 21 421 6170
SAMSA Naval Architect - Durban
Contact Person: Mr Mlungisi Nkabinde
Email: mnkabinde@samsa.org.za / +27 (0) 31 307 3006

11. CERTIFICATE OF EQUIVALENT COMPETENCY
STCW parties whose certificates of competency for ships' officers have been accepted by SAMSA, in terms of regulation 98 of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, and whose certificates of proficiency can be used for revalidation purposes only are listed in the appendix of Marine Notice No. 22 of 2015, or its successor should the notice be withdrawn on amendments. Copies of all SAMSA Marine Notices can be found on our website at www.samsa.org.za
The Application form for the endorsement of a foreign Certificate of Competency as well as the Procedure and documentation required is laid out in SAMSA Marine Notice 15 of 2015 ("Amendments to OPS 517 - Application for the Endorsement of a Foreign Certificate of Competency").
(Kindly take note that the reference to Supporting Documentation for "Deck Department" refers to Deck nd Engineering Department for Merchant Vessels).

12. MANNING OF BAREBOAT CHARTERED OR FULLY REGISTERED SHIPS
In respect of the registration of vessels in South Africa, whether bareboat chartered or fully registered, the South African Maritime Safety Authority encourages at least 50% of the ship officers to be South African.

This, however, is currently not a compulsory requirement for the registration of these vessels. In order to drive the South African training of cadets, we would strongly encourage the owners/ charterers of vessels that are coming onto our SA register to consider entering into training agreements with our South African cadets to be trained on board these vessels.

13. DECLARATION OF MARITIME LABOUR COMPLIANCE PART I
The DMLC Part I will be issued to the specific vessel by the SAMSA Principal Officer at the Home Port at which the vessel is to be registered. The contact details for all Principal Officers are listed in the Contact section of this entry.

14. CONTINUOUS SYNOPSIS RECORD (CSR)
SAMSA issues the CSR document (Form 1) to the ship. Any amendments to the CSR document must be completed on Form 2 by the relevant Company and thereafter sent to the Administration together with the current CSR document. The administration will then issue a revised and updated form. When an amendment form is attached to the current CSR document, details of the amendment must also be entered in the Index of Amendments (Form 3) and attached to the current CSR document in date order.

15. TONNAGE AND LOAD LINE CERTIFICATION
Tonnage Certification for Vessel Registration:
For vessels wanting full vessel registration in South Africa, a tonnage certificate in terms of the 1969 Tonnage Convention, with relevant tonnage computation, will be accepted by SAMSA. If the tonnage certificate is not issued in terms of the 1969 Convention, the vessel will have to be remeasured for vessel registration purposes.

Load Line Certification for Vessel Registration:
A 'load line ship' means any ship of 14 metres or more in length, which is not solely engaged in fishing and is not a pleasure yacht.

For vessels wanting full vessel registration in South Africa, a load line certificate, with relevant computation, must be provided to SAMSA. If there is no computation for load line, then the vessel will have to be remeasured.

Kindly take note that notwithstanding the above, our SAMSA Naval Architects
reserve the right to request a tonnage and/or load line computation for any
applicable vessel irrespective of whether the vessel is bareboat chartered or fully
registered on the South African Ship Registry.

16. CARVING AND MARKING NOTE
The Carving and Marking Note for the vessel registration (including tonnage) details on the ship will only be issued by SAMSA once all the documentation for Bareboat Charter registration/ship registration has been lodged with the Registrar of Ships. The Carving and Marking of the vessel must be inspected and signed off by a SAMSA/Class surveyor (as applicable) as soon as one becomes available. As an interim measure, the Registrar will accept photographic evidence clearly showing the correctly carved and marked ship. This applies to vessels laying in South African Ports which will be inspected by a SAMSA surveyor as well as vessels in foreign ports where a Class Surveyor has been duly authorised to inspect on SAMSA's behalf. The Registrar will then open the ship register for the vessel and issue the Registration Certificate and the South African Foreign Tonnage Certificate accordingly.

Load Line Carving & Marking Note
If the load line is accepted by SAMSA or following re-measurement of the vessel (as may be required), SAMSA will then issue a Load Line Carving and Marking Note in respect of the load line which must be attended to by the owner/charterer accordingly. As a general guide, the load line marking will have the letters "S" and "A" above whilst the relevant classification society (example Class NK) will appear "N" and "K" below. Once a SAMSA or class surveyor has signed off on such, a South African Load Line Certificate will be issued accordingly.

Bareboat Charter Registration

DOCUMENTARY REQUIREMENTS FOR BAREBOAT CHARTER REGISTRATION
Qualifying Vessel Criteria: Vessels that may be bareboat chartered:
Vessels other than fishing vessels;
Vessels over 500 gross tons;
Vessels that are mechanically propelled; and
Vessels where the charter agreement is no less than two years.

Qualifying Ownership Requirements:
(a) South African citizen
(b) A body corporate established in terms of a law of the Republic with a place of business in the Republic
(c) A trust in which -
(i) The majority of the trustees having the controlling power at any given time are South African Nationals as in (a) and (b) above;
(ii) A majority of the beneficial interests are held by such South African Nationals; and
(d) The Government of the Republic.

DOCUMENT REQUIREMENTS:
1. Application for Registration - Bareboat Charter (OP-1109/1)
1.1 Form to be completed and signed by a representative of the Chartering Company.
1.2 Note: This form requests the Call Sign and Radio Station Licence details from ICASA but this will not yet have been issued and therefore this block can be left blank.

2. Declaration of Ownership & Nationality (OP-1108/3)
2.1 To be signed in the presence of a Commissioner of Oaths and by a duly authorized
representative of the Chartering Company.

3. Builders Certificate

4. Pre-Registration Survey Report
Pre-Registration Surveys are mandatory for all vessels wanting to register their vessel under the South African Flag including vessels registered under a bareboat charter agreement. The purpose of this survey is to determine the suitability of the vessel to come onto the South African Register.

The survey will be carried out by a SAMSA surveyor. If the vessel is not at a South African Port, then the costs of transport and subsistence for getting one of the SAMSA surveyors to the port where the vessel is, will be for the account of the shipowner/ charterer.

In certain instances, SAMSA may exercise its discretion and delegate the responsibility of carrying out the pre-registration survey to one of the Recognised Organizations on behalf of SAMSA. In this case, copies of all survey reports/documentation and/or certificates issued by these Recognized Institutions on
SAMSA's behalf shall be forwarded to SAMSA for our records.

5. Letter of Consent from Primary Registry

6. Letter of Consent from the Owner of the Vessel for Bareboat Registration

7. Copy of the signed Bareboat Charterparty Agreement

8. Proof of the International Maritime Organization Number

9. Contact details of Registering Authority (Primary Registration)
10. Copy of Foreign Certificate of Registry

11. Ship Radio Requirements
11.1. Radio Station Licence
Independent Communications Authority of South Africa (ICASA)
Ground Floor, Knowledge Park III, Heron Crescent, Century City, Cape Town
Contact Person: Ms Jackie Le Roux
Email: jleroux@icasa.org.za / Tel.: +27 (0) 21 561 6800
Procedure:
Complete the ICASA Radiocommunication Application Form and attach copy of Charterer Registration Documentation together with the proof of payment of R 600.00 (R 480-00 for the application and R 120-00 for the issuing of the licence) and scan & email it to:
hdiedericks@icasa.org.za
evanloggerenberg@icasa.org.za
jkoae@icasa.org.za
krapulana@icasa.org.za

11.2. If the Charterer is a Company, the following must be submitted:
• Memorandum of Incorporation/Certificate of Incorporation
• Companies and Intellectual Property Commission (CIPC) confirmation
• Directors Resolutions

11.3. If the Charterer is a Close Corporation, the following must be submitted:
• Founding Statement and List of Members
• Copies of the Identity Documents of the Members

11.4. If the Charterer is a Trust, the following must be submitted:
• Title Deed of the Trust
• Statement of the Nationality of each Beneficiary and Description of each Person's beneficial interest in the Trust.

If the Charterer is an Individual
• A copy of his/her Identity Document

Once the MMSI Number Allocation has been issued by ICASA, a copy must be provided to SAMSA. The original Radio Station Licence will be sent directly to the client by ICASA and a copy of this document must also be provided to SAMSA to be kept on record.

12. Inmarsat Registration and Activation
The registration and activation of the Inmarsat is done by Inmarsat in the United Kingdom.
Inmarsat "Registration for Service Activation" Application Form to be completed and submitted and thereafter Inmarsat will issue a South African Inmarsat Mobile Number.
The shore based service provider contracted to reprogramme the GMDSS equipment will normally liaise and assist the shipowner with the completion of the forms necessary for the registration/activation process.

The Global Customer Support Office at Inmarsat in the United Kingdom can be contacted for further assistance, if necessary:
Tel: +44 207 728 1020
Email: GlobalCustomerSupport@inmarsat.com

13. Accounting Authority Identification Code (AAIC)
All Maritime Earth Stations on board vessels which form part of a Global Maritime Distress Safety System (GMDSS) installation must have an officially approved AAIC. South Africa has two approved AAIC's - GB01 and GB08
GB01: NAVIBULGAR SERVICES LTD & A-N-D GROUP PLC
Navibulgar Services Ltd
1 Primorski Blvd, Varna 9000
Bulgaria.
Contact Person: Zhana Karagyozova
Email: mss@navibulgar-services.com) / Tel.: +359 (0) 52 683 481
Request Agreement for PSA/AAIC services between Navibulgar Services Ltd and the Shipowner/Charterer.

Copies of the following documentation is required:
• Certificate of Good Standing of Shipowners;
Name of authorised person who will sign the agreement for the shipowners. If he is a proxy, please send a copy of the POA;
• Certificate of Good Standing of Ship Managers;
• Name of Authorised Person who will sign the Agreement for the Ship Managers. If he is a proxy, please send a copy of the POA.

A-N-D Group PLC
Tanners Bank, North Shields
Tyne and Wear NE30 1HJ
United Kingdom
Contact Person: Jayne Heslop
Email: jayne.heslop@and-group.net / Tel.: +44 (1) 91 258 1635
GB08: SELEX COMMUNICATIONS LIMITED
Selex Communications Limited
Marconi House, New Street
Chelmsford Essex CM1 1PL
United Kingdom
Email: airtime.support@selex-es.com / Tel.: +44 (0) 1268 823 924
Note: Additional ICASA Fee for the registration and licensing of the Inmarsat C is R 120.

14. Emergency Position Indicating Radio Beacon (EPIRB) Registration Form
Complete the 406 MHZ EPIRB Registration Form and fax it to MRCC Office
Email address: mrcc.ct@samsa.org.za/ fax number: +27 (0) 21 938 3309
Contact Person: Jared Blows
Submit a copy of the MRCC confirmation to the Office of the Registry at SAMSA

15. Authority to Operate GMDSS
Foreign Certified GMDSS radio operators, serving on South African registered vessels, require a South African "Authority to Operate" ("ATO"). The ATO authorises the holder to operate a ship station or a ship earth station established in a ship under a licence issued by the Independent Communications Authority of South Africa.

The Application for a Certificate of Equivalent Competency includes the application for an ATO, as applicable. Copies of the foreign issued COC, the GMDSS GOC as well as the STCW Endorsement should be attached to the application. The crew member, provided that the SAMSA Senior Examiner is satisfied with the application, will be issued with an A4 South African Authority to Operate and a STCW Endorsement.

Reference can be made to the Marine Notice 14/15 of 2015 for more information on Recognition of Foreign Seafarer Certificates of Competency in terms of the STCW Convention.

16. ISM & ISPS DECLARATIONS/SAFE MANNING DOCUMENT
16.1. ISM Code Declaration of Company
SAMSA form to be completed and signed by the Chairman or CEO of the Shipowner
16.2. ISM Code Declaration of Designated Person Ashore
SAMSA form to be completed and signed by the Designated Person Ashore
16.3. ISPS Code Declaration of Company Security Officer
SAMSA form to be completed and signed by the Company Security Officer & Director of the Owning Company.
16.4. Safe Manning Document
The Safe Manning Document will be issued by the Principal Officer of the respective Port of Registry.
(Refer Contact Details for SAMSA Principal Officers)
17. SHIP PLANS
For vessels registering under Bareboat Charter the following ship plans must be submitted to SAMSA:
• General Arrangement Drawing;
• Lines Plan;
• Construction Plan(s);
• Shaft and Rudder Drawing;
• Shell Expansion Drawing;
• Bilge System Schematic;
• Sea Water System Schematic;
• Fuel System Schematic;
• Tank/Capacity Plan;
• Engine Room Layout;
• Cargo Refrigeration System Schematics;
• Load Line Plan;
• Safety Plan;
• Particulars;
• SOPEP Manual; and
• Stability Book

SAMSA Naval Architect - Cape Town
Contact Person: Mrs Emina Dzinic
Email: EDzinic@samsa.org.za / +27 (0) 21 421 6170
SAMSA Naval Architect - Durban
Contact Person: Mr Mlungisi Nkabinde
Email: mnkabinde@samsa.org.za / +27 (0) 31 307 3006

17. CERTIFICATE OF EQUIVALENT COMPETENCY
STCW parties whose certificates of competency for ships' officers have been accepted by SAMSA, in terms of regulation 98 of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, and whose certificates of proficiency can be used for revalidation purposes only are listed in the appendix of Marine Notice No. 22 of 2015, or its successor should the notice be withdrawn on amendments. Copies of all SAMSA Marine Notices can be found on our website at www.samsa.org.za

The Application form for the endorsement of a foreign Certificate of Competency as well as the Procedure and documentation required is laid out in SAMSA Marine Notice 15 of 2015 ("Amendments to OPS 517 - Application for the Endorsement of a Foreign Certificate of Competency").
(Kindly take note that the reference to Supporting Documentation for "Deck Department" refers to Deck nd Engineering Department for Merchant Vessels).

18. MANNING OF BAREBOAT CHARTERED SHIPS
In respect of the registration of vessels in South Africa, whether bareboat chartered or fully registered, the South African Maritime Safety Authority encourages at least 50% of the ship officers to be South African.

This, however, is currently not a compulsory requirement for the registration of these vessels. In order to drive the South African training of cadets, we would strongly encourage the owners/ charterers of vessels that are coming onto our SA register to consider entering into training agreements with our South African cadets to be trained on board these vessels.

19. DECLARATION OF MARITIME LABOUR COMPLIANCE PART I
The DMLC Part I will be issued to the specific vessel by the SAMSA Principal Officer at the Home Port at which the vessel is to be registered. The contact details for all Principal Officers are listed in the Contact section of this entry.

20. CONTINUOUS SYNOPSIS RECORD (CSR)
SAMSA issues the CSR document (Form 1) to the ship. Any amendments to the CSR document must be completed on Form 2 by the relevant Company and thereafter sent to the Administration together with the current CSR document. The administration will then issue a revised and updated form. When an amendment form is attached to the current CSR document, details of the amendment must also be entered in the Index of Amendments (Form 3) and attached to the current CSR document in date order.

21. TONNAGE AND LOAD LINE CERTIFICATION
Tonnage Certification for Bareboat Charter:
For vessels registering under Bareboat Charter, a tonnage certificate in terms of the 1969 Tonnage Convention will be accepted by SAMSA. If the tonnage certificate is not issued in terms of the 1969 Convention, the vessel will have to be remeasured for bareboat charter registration purposes.

Load Line Certification for Bareboat Charter
A 'load line ship' means any ship of 14 metres or more in length, which is not solely engaged in fishing and is not a pleasure yacht

For vessels registering under Bareboat Charter, a load Line Certificate issued by a Classification Society (duly authorised as one of the SAMSA Recognised Organizations) will be accepted by SAMSA.

Kindly take note that notwithstanding the above, our SAMSA Naval Architects
reserve the right to request a tonnage and/or load line computation for any
applicable vessel irrespective of whether the vessel is bareboat chartered or fully
registered on the South African Ship Registry.

22. CARVING AND MARKING NOTE
The Carving and Marking Note for the vessel registration (including tonnage) details on the ship will only be issued by SAMSA once all the documentation for Bareboat Charter registration/ship registration has been lodged with the Registrar of Ships. The Carving and Marking of the vessel must be inspected and signed off by a SAMSA/Class surveyor (as applicable) as soon as one becomes available. As an interim measure, the Registrar will accept photographic evidence clearly showing the correctly carved and marked ship. This applies to vessels laying in South African Ports which will be inspected by a SAMSA surveyor as well as vessels in foreign ports where a Class Surveyor has been duly authorised to inspect on SAMSA's behalf. The Registrar will then open the ship register for the vessel and issue the Registration Certificate and the South African Foreign Tonnage Certificate accordingly.

Load Line Carving & Marking Note
If the load line is accepted by SAMSA or following re-measurement of the vessel (as may be required), SAMSA will then issue a Load Line Carving and Marking Note in respect of the load line which must be attended to by the owner/charterer accordingly. As a general guide, the load line marking will have the letters "S" and "A" above whilst the relevant classification society (example Class NK) will appear "N" and "K" below. Once a SAMSA or class surveyor has signed off on such, a South African Load Line Certificate will be issued accordingly.

Vessel and Yacht Eligibility & Survey Requirements

There is no restriction on the size or age of the ship with the following qualifications. However, the ship will be subjected to a pre-registration survey.
• Vessels of over 25 gross tons that have a commercial fishing licence must be registered.
• Under 100 gross ton sport and recreation vessels that require a maritime bond to be registered or are going into international waters must be registered.
• Small vessels that are under 25 gross tons that are going into international waters or require a maritime bond to be registered over them must be registered.

Pre-Registration Survey Report
Pre-Registration Surveys are mandatory for all vessels wanting to register their vessel under the South African Flag including vessels registered under a bareboat charter agreement. The purpose of this survey is to determine the suitability of the vessel to come onto the South African Register.

The survey will be carried out by a SAMSA surveyor. If the vessel is not at a South African Port, then the costs of transport and subsistence for getting one of the SAMSA surveyors to the port where the vessel is, will be for the account of the shipowner/ charterer.

In certain instances, SAMSA may exercise its discretion and delegate the responsibility of carrying out the pre-registration survey to one of the Recognised Organizations on behalf of SAMSA. In this case, copies of all survey reports/documentation and/or certificates issued by these Recognized Institutions on
SAMSA's behalf shall be forwarded to SAMSA for our records.

The list of Classification Societies that SAMSA has entered into agreements with for such societies to be Recognised Organisations, are the following. This list is contained in SAMSA Marine Notice No. 12 of 2014.
• American Bureau of Shipping (ABS)
• Bureau Veritas (BV)
• DNV
• Indian Register of Shipping (IRS)
• Korean Register of Shipping (KRS)
• Lloyds Register of Shipping (LR)
• Nippon Kaiji Kyokai (Class NK)
• Registro Italiano Navale (RINA)
• Russian Register of Shipping (RS).

Note: Copies of all survey reports, documents and/or certificates issued by any of the Recognised
Organizations on behalf of the South African Maritime Safety Authority must be forwarded to SAMSA for our records.

Crewing

MANNING OF FULLY REGISTERED OR BAREBOAT CHARTERED SHIPS
In respect of the registration of vessels in South Africa, whether bareboat chartered or fully registered, the South African Maritime Safety Authority encourages at least 50% of the ship officers to be South African.

This, however, is currently not a compulsory requirement for the registration of these vessels. In order to drive the South African training of cadets, we would strongly encourage the owners/ charterers of vessels that are coming onto our SA register to consider entering into training agreements with our South African cadets to be trained on board these vessels.

CERTIFICATE OF EQUIVALENT COMPETENCY
STCW parties whose certificates of competency for ships' officers have been accepted by SAMSA, in terms of regulation 98 of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, and whose certificates of proficiency can be used for revalidation purposes only are listed in the appendix of Marine Notice No. 22 of 2015, or its successor should the notice be withdrawn on amendments. Copies of all SAMSA Marine Notices can be found on our website at www.samsa.org.za
The Application form for the endorsement of a foreign Certificate of Competency as well as the Procedure and documentation required is laid out in SAMSA Marine Notice 15 of 2015 ("Amendments to OPS 517 - Application for the Endorsement of a Foreign Certificate of Competency").

(Kindly take note that the reference to Supporting Documentation for "Deck Department" refers to Deck and Engineering Department for Merchant Vessels).

Mortgages

Mortgages over vessels are registered by our Registrar of Ships at SAMSA. Ship Mortgages are governed by the provisions of the Ship Registration Act of 1998 as well as the Admiralty Jurisdiction Regulation Act of 1983.

There is a prescribed form that needs to be completed in order for the mortgage to be registered on the ships register. In order for a mortgage to be registered over any vessel, it does have to be registered on the South African Ship Registry.

Mortgages will be registered in the order in which they are lodged and permission will be sought from existing bondholders before any subsequent bonds will be registered.

No transfer of any vessel will be permitted until written proof of discharge of the mortgage has been provided to the satisfaction of the Registrar.

Priority of the mortgages are determined in accordance with the ranking provisions as set out in the AJRA of 1983.

In respect of enforcement of mortgage bonds, the South African High Courts have admiralty jurisdiction so action would have to be commenced in that forum.

Fees

FEE STRUCTURE
Kindly take note that the fee structure will differ for each vessel and will therefore be calculated on a case by case basis. The fees will depend on the Gross Tonnage, the Registered Length as well as the Recognized Organization appointed to undertake the surveys for the particular vessel.

Contact

SAMSA Pretoria (Head Office)
154 Lunnon Rd, Hillcrest, Pretoria, 0083
South Africa
Tel: +27 (0) 12 366 2600
Fax: +27 (0) 12 366 2601
Executive Team
Acting Chief Executive Officer
Ms Zama Chonco
Email: zchonco@samsa.org.za
Chief Operations Officer
Mr. Sobantu Tilayi
Email: stilayi@samsa.org.za
Deputy Chief Operations Officer
Mr. Vernon Keller
Email: vkeller@samsa.org.za

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 South Africa

IMO Convention 48 x
SOLAS Convention 74 x
SOLAS Protocol 78 x
SOLAS Protocol 88
SOLAS Agreement 96
LOAD LINES Convention 66 x
LOAD LINES Protocol 88
TONNAGE Convention 69 x
COLREG Convention 72 x
CSC Convention 72 x
CSC amendments 93
SFV Protocol 93
Cape Town Agreement 2012 x
STCW Convention 78 x
STCW-F Convention 95 x
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
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 x
London Convention Protocol 96 x
INTERVENTION Convention 69 x
INTERVENTION Protocol 73 x
CLC Convention 69 d
CLC Protocol 76
CLC Protocol 92 x
FUND Protocol 76
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
LLMC Protocol 96
SUA Convention 88 x
SUA Protocol 88 x
SUA Convention 2005
SUA Protocol 2005
SALVAGE Convention 89
OPRC Convention 90 x
HNS Convention 96
HNS PROT 2010 x
OPRC/HNS 2000
BUNKERS CONVENTION 01
ANTI FOULING 2001 x
BALLASTWATER 2004 x
NAIROBI WRC 2007 x
HONG KONG CONVENTION

x= ratification
d=denunciation

Subscribe to Newsletter

Stay up-to date with the latest news and updates

Thanks for submitting!

Company Info

Social

  • Facebook
  • Twitter