South Africa

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.