The rapid development of infrastructure projects and other activities in the field of merchant shipping in the Russian Federation often require the involvement of ships that are absent or missing in the composition of the merchant fleet under the Russian flag.
One of the means of promptly attracting foreign-flagged vessels for the implementation of domestic projects, with minimizing the cost of customs clearance, is transferring vessels under the Russian flag by providing them to Russian shipowners under a bareboat charter agreement and registering the vessel on the basis specified Capiatans of seaports.
The purpose of transferring a ship under the Russian flag is usually to obtain the right to call on inland waterways, make cabotage flights, call at ports that are closed to ships under a foreign flag, and conduct activities in unequipped territories.
The main conditions for the temporary granting of the right to fly the flag of the Russian Federation
The vessel in respect of which registration under the Russian flag is requested must be properly registered in the register of vessels of a foreign state, but at the time of registration of the vessel flying the Russian flag, registration in a foreign register must be suspended. The vessel must be seaworthy, have classification documents and be provided from a properly registered and valid foreign owner of the vessel to a Russian person under a bareboat charter agreement.
Special advantages in customs and tax aspects are obtained by charterers who register vessels in the ports of Crimea.
Legal assistance in the temporary transfer of vessels under the Russian flag:
- Advising on the existence of grounds and legal consequences of registering a vessel under a foreign flag in the bareboat charter registry of the Russian Federation;
- Advising on differences between the state ship registry, bareboat charter registry and Russian international registry;
- Drafting, amending and legal examination of the contract bareboat charter;
- Formation of an application for registration of the vessel in the bareboat charter registry of the Russian Federation with annexes;
- Representation of the charterer and the owner of the vessel in the service of the harbor master regarding the registration of the vessel in the bareboat-charter registry of the Russian Federation, including the preparation, filing and receipt of documents, the resolution of controversial issues;
- Representation and protection of the interests of the charterer and the owner of the vessel in relations with the customs and border services of Russia, other authorized authorities;
- Registration of encumbrances on the ship in the bareboat charter registry of the Russian Federation;
- Obtaining extracts from the bareboat charter registry of rights to the court.
Examples of cases on the temporary transfer of ships under a foreign flag to the bareboat charter registry of the Russian Federation (under the Russian flag):
- Advising on the existence of grounds and legal consequences of registering a vessel under a foreign flag in the bareboat charter registry of the Russian Federation;
- Counseling Reederei M. Lauterjung GmbH & amp; Co. KG, BBC Chartering GmbH & amp; Co.KG, NAVALIS Shipping GmbH & amp; Co. KG on the registration of ships flying the German flag in the bareboat charter registry of the Russian Federation (the term for granting the right to fly the flag, tax, customs and migration aspects);
- Registration of the vessel EMERALD-1 in the bareboat charter registry of the Russian Federation;
- Advising and registering foreign passenger ships and ferries in a bareboat charter registry in the interests of a large state-owned company;
- Advising UECC on the differences between registering a vessel in the bareboat charter registry and permission for cabotage.
If you or your partners are faced with the need to temporarily transfer a ship flying a foreign flag under the Russian flag through a bareboat charter register, contact legal assistance by the means of communication indicated by the contact on the website.