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26. kenya ship registration - Kenya Maritime Authority

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26. kenya ship registration - Kenya Maritime Authority Powered By Docstoc
					INAUGURAL HEADS OF AFRICAN MARITIME
 ADMINISTRATIONS AND SHIP REGISTRAR’S
   CONFERENCE-3-5TH OCTOBER 2012


  KENYA SHIP REGISTRATION
          WILFRED J. KAGIMBI
     HEAD OF MARITIME SAFETY AND
   REGISTRAR OF SHIPS AND SEAFARERS
   KENYA MARITIME AUTHORITY
            (KMA)
• KMA WAS ESTABLISHED BY HIS EXCELLENCY, PRESIDENT
  MWAI KIBAKI ON 21 JUNE 2004, BY LEGAL NOTICE NO 79

• THIS WAS IN EXERCISE OF POWERS CONFERRED BY
  SECTION 3(1) OF STATE CORPORATION ACT CAP.446 LAWS
  OF KENYA.

  KMA IS NOW ENTRENCHED BY THE KMA ACT NO.5 OF
  2006 WHICH ALSO REPEALED THE EARLIER ORDER.

• THE ACT CAME INTO EFFECT ON 1ST JANUARY 2007.

• THE MANDATE OF KMA IS TO REGULATE, CO-ORDINATE
  AND OVERSEE ALL MARITME AFFAIRS IN KENYA.


                                                   2
     KENYA SHIP REGISTRATION
KENYA SHIP REGISTRATION FOLLOWED THE
  BRITISH SYSTEM.
THE MERCHANT SHIPPING SUPERINTEDENT
  WAS THE REGISTRAR OF SHIPS.
PRIOR TO SEPTEMBER 2009, SHIPS WERE
  REGISTERED UNDER SECTION 3 OF THE
  MERCHANT SHIPPING ACT , CAP 389 LAWS OF
  KENYA
  REGISTRY UNDER MSA CAP 389
• WAS A TOTALLY CLOSED REGISTER
  - Open only to residents of Kenya
  -Body corporate, incorporated in Kenya and
  having the principal place of business in Kenya
• WAS BASED ON NRT (25)
• EXCLUDED SHIPS IN INLAND WATERS
• SHIPS BELOW 25 NRT REFERRED TO AS
  ‘UNREGISTERED’
           REGISTRY UNDER MSA, 2009
•   PARTIALLY OPEN REGISTER
•   REGISTRATION BASED ON LENGTH (24M)
•   SHIPS BELOW 24 M REFERRED TO AS ‘SMALL SHIPS’
•   INCLUDED SHIPS IN INLAND WATERS
•   REGISTRATION OPEN TO:
    –   KENYA NATIONALS
    –   GOVERNMENT
    –   CORPORATIONS REGISTERED IN KENYA
    –   BAREBOAT CHARTERED BY KENYA NATIONALS
    –   INDIVIDUALS WITH JOINT VENTURES WITH NATIONALS OF KENYA
    –   OTHER PERSONS WHICH BY ORDER MINISTER MAY DETERMINE
  REQUIREMENT FOR A REGISTER OF
        SHIPS( SECTION 25)
• THERE SHALL BE A REGISTER OF ALL SHIPS
  REGISTERED IN KENYA

• THE REGISTER BOOKS TO DISTINGUISH
  BETWEEN SMALL SHIPS, LEISURE VESSELS AND
  SUBMERSIBLES
REQUIREMENT FOR A REGISTER
BOOK FOR SHIPS UNDER
CONSTRUCTION(SECTION 50)
• SHIP UNDER CONSTRUCTION TO BE ENTERED
  AFTER THE SIGNING OF THE CONTRACT UNTIL
  TRANSFERRED TO ANOTHER REGISTER AFTER
  COMPLETION
   RESTRICTION ON TRADING
        ( SECTION 14)



ONLY KENYA REGISTERED SHIPS
MAY ENGAGE IN ANY LOCAL
TRADE IN KENYAN WATERS.
  DECLINE OF THE KENYAN FLEET
• KENYAN REGISTRY HAS HAD ONLY A FEW
  SHIPS OF HIGH GROSS TONNAGE.
• EXAMPLE HARAMBEE-6168 GRT
• MOST SHIPS 500 GT AND BELOW
• FROM 1980 THE REGISTER HAS BEEN GOING
  DOWN
             CURRENT FLEET


• Comprise of 27 of 100 ships of 100 GT and
  above with total gross tonnage of 11,940
    REASONS FOR THE DECLINE
• VIGOROUS INSPECTIONS ESPECIALLY IN OLDER
  TONNAGE TO REDUCE SUB- STANDARD
  SHIPPING IN ORDER TO ENHANCE SAFETY,
  SECURITY AND THE PROTECTION OF THE
  MARINE ENVIRONMENT
• NO TAX EXEMPTION FOR:
  – FUEL OIL
  – SPARE PARTS
  – OTHER ISSUES
 HOW TO ATTRACT SHIP OWNERS TO
            FLAG IN
• ADDRESS ALL THEIR CONCERNS INCLUDING
  THE TAXATION REGIME
• EFFICIENCY IN REGISTRATION
• ADDRESS SHIP SAFETY AND SECURITY
  CONCERNS
• HAVE FREQUENT CONSULTATION AND
  DIALOGUE BETWEEN ADMINISTRATION AND
  SHIPOWNER
           WAYFORWARD
THE GOVERNMENT IS CONCERNED ABOUT THE
  LOW TONNAGE AND DISCUSSION ON
  OPENING THE REGISTRY IS ON GOING.
CAUTION IS ALSO CALLED FOR TO AVOID THE
  REGISTRY BEING USED TO ABET
  INTERNATIONAL CRIME FOR EXAMPLE
  MONEY LAUNDERING
           WAYFORWARD

THE CONFERENCE TO LOOK AT ISSUES WHICH
  HAVE CONTRIBUTED TO THE GENERAL
  DECLINE OF THE AFRICAN FLEET AND
  SUGGEST SOLUTIONS
THANK YOU FOR YOUR ATTENTION

				
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posted:3/19/2013
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