Types of Ship Registration Recognized Under the Iranian Legal System
In general, ship registration under maritime law is carried out in two forms.
- The first is permanent registration of a ship, which the shipowner must complete.
- The second is temporary registration, conducted for specific purposes by authorized persons approved under each country’s legal system.
The Iranian Maritime Law, enacted in 1964, and the Regulations on Registration of Ships and Vessels, enacted in 1965, have formally recognized these two types of registration.
Temporary registration of ships constitutes an exception to the general rule. This means that the conditions governing permanent registration apply to all ships, and the legislator permits temporary registration only in specific cases, such as ships under construction or chartered vessels.
For this reason, many of the rules and procedures applicable to permanent ship registration also apply to temporary registration. Accordingly, the rules governing permanent registration are explained in detail, followed by a discussion of temporary registration and the specific rules applicable to it.
Types of Ship Registration in Iran
Permanent Registration
As stated, under the Iranian Maritime Law of 1964, the general principle is permanent registration of ships. Only in Articles 16 and 18 of the said law has the legislator, by way of exception, referred to the conditions for temporary registration of ships.
Note: Permanent registration of a ship does not mean lifelong registration in the registry of a single country. A ship may voluntarily or compulsorily be removed from the permanent registry of one country and entered into the registry of another. Therefore, permanent registration means registration without a fixed expiration date in a country’s registry system.
Note: The shipowner must carry out permanent registration. In contrast, temporary registration may be completed by the holder of the ship, including a charterer or the shipbuilder, depending on the circumstances.
Conditions for Permanent Ship Registration in Iran
An examination of the provisions of the Iranian Maritime Law of 1964 shows that certain conditions must be met for a ship to be permanently registered. The following outlines the conditions considered necessary under the Iranian maritime legal system for registration of owned ships.
Submission of Technical and Safety Certificates
Pursuant to Article 1 of the Iranian Maritime Law of 1964, a ship may be registered in Iran only if its technical certificates have been issued by the Ports and Maritime Organization or by an internationally recognized competent authority whose qualifications are accepted by the Ports and Maritime Organization.
Technical certificates are documents evidencing that the ship meets the required technical and safety standards for maritime service. In other words, they confirm the seaworthiness of the ship.
Seaworthiness of the Ship
Seaworthiness means that the ship must not only be capable, in terms of design, construction, structural condition, and equipment, of facing the ordinary risks of maritime navigation, but must also, taking into account its tonnage and the nature of its voyage, whether coastal, intercontinental, or unrestricted, be staffed with a qualified master and crew in sufficient numbers across the required ranks.
Aspects of Seaworthiness
Seaworthiness has two aspects. The first concerns the ship’s structure and equipment, and the second concerns the personnel and crew. Just as the ship’s structure must possess adequate strength, comply with international standards, and be equipped with the necessary navigational equipment, the master and crew must also be experienced and possess sufficient knowledge for international navigation.
As noted by some legal scholars, charter party agreements often contain a clause stating that the ship is delivered to the charterer in a condition suitable in all respects for the ordinary service of cargo carriage. If, at the time of delivery, the engine room personnel are unqualified or insufficient, it cannot be said that the ship is fit in all respects for ordinary cargo service. In such a case, the ship is considered unseaworthy.
The principle of sovereignty and supervision of the flag state over registered ships requires each country to define and announce the conditions for ship registration within its maritime legal system. This is why international regulations expressly recognize both the right and the obligation of states in this regard.
However, it must be noted that states do not enjoy absolute freedom in determining these conditions. Rather, they are required to establish registration rules and requirements in accordance with the international standards applicable to maritime navigation.
Frequently Asked Questions Regarding Types of Ship Registration Recognized in Iran
Ship registration in Iran is conducted in two forms: permanent and temporary registration. The shipowner conducts permanent registration and is generally without a fixed expiration date. In contrast, temporary registration is typically used in exceptional cases such as ships under construction or chartered vessels.
Permanent registration refers to registration without a specified duration. The owner must carry it out. Temporary registration may be completed by a charterer or shipbuilder and is generally reserved for exceptional circumstances.
Conditions include submission of technical and safety certificates, confirmation of the ship’s seaworthiness in terms of structure and equipment, and employment of qualified and competent crew and master.
Seaworthiness includes two aspects: the ship’s structure and equipment, and the qualifications and competence of the master and crew.
This principle requires each state to define and enforce registration conditions within its maritime system while complying with international standards governing maritime safety and navigation.
No. Permanent registration means registration without a fixed expiration date, but a ship may be transferred voluntarily or compulsorily from the registry of one country to another. What types of ship registration exist in Iran?
What is the difference between permanent and temporary ship registration?
What are the conditions for permanent ship registration in Iran?
What aspects does seaworthiness cover?
Why is the principle of sovereignty of the registering state important in ship registration?
Does permanent registration mean that a ship is registered for life in one country?
