Flagging (shipping)
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Flag of convenience (FOC) refers to a business practice whereby a ship's owners register a
merchant ship A merchant ship, merchant vessel, trading vessel, or merchantman is a watercraft that transports cargo or carries passengers for hire. This is in contrast to pleasure craft, which are used for personal recreation, and naval ships, which are ...
in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state.Bernaert, 2006, p. 104. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious. Each merchant ship is required by
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
to be registered in a registry created by a country,ICFTU et al., 2002, p. 7. and a ship is subject to the laws of that country, which are used also if the ship is involved in a case under
admiralty law Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and conflict of laws, private international law governing the relations ...
. A ship's owners may elect to register a ship in a foreign country so as to avoid the regulations of the owners' country, which may, for example, have stricter safety standards. They may also select a jurisdiction to reduce operating costs, avoiding higher taxes in the owners' country and bypassing laws that protect the wages and working conditions of
mariner A sailor, seaman, mariner, or seafarer is a person who works aboard a watercraft as part of its crew, and may work in any one of a number of different fields that are related to the operation and maintenance of a ship. While the term ''sailor' ...
s.Kemp, 1976. The term "flag of convenience" has been used since the 1950s. A registry which does not have a
nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...
or residency requirement for ship registration is often described as an open registry. Panama, for example, offers advantages such as easier registration (often online), the ability to employ cheaper foreign labour, and an exemption on income taxes. The modern practice of registering ships in a foreign country began in the 1920s in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
when shipowners seeking to serve alcohol to passengers during
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...
registered their ships in Panama. Owners soon began to perceive advantages in terms of avoiding increased regulations and rising labor costs and continued to register their ships in
Panama Panama, officially the Republic of Panama, is a country in Latin America at the southern end of Central America, bordering South America. It is bordered by Costa Rica to the west, Colombia to the southeast, the Caribbean Sea to the north, and ...
even after Prohibition ended. The use of open registries steadily increased, and in 1968,
Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
grew to surpass the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
with the world's largest ship register. Traditional maritime nations, mainly from Europe, responded to this practice with creation of so-called "second registers": open registries, using national flags or flags of semi-sovereign offshore dependencies. That process begun in 1984 with the Isle of Man registry created as a second UK register. Soon after Norway and the Netherlands followed this practice adopting Norwegian International Ship Register (NIS) and Netherlands Antiles respectively. France established in 1989 Kerguelen Islands Register (replaced by International French Register (''Registre International Français'' - ''RIF'' in 2005) and Germany (Federal Republic of) created German International Register (GIS) in the same year. The last two registries are still (in 2024) considered as flags of convenience. , more than half of the world's merchant ships in terms of
deadweight tonnage Deadweight tonnage (also known as deadweight; abbreviated to DWT, D.W.T., d.w.t., or dwt) or tons deadweight (DWT) is a measure of how much weight a ship can carry. It is the sum of the weights of cargo, fuel, fresh water Fresh water or ...
are registered in open registries.


Background

Open registries have been criticised, mainly by
trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
organisations based in developed countries, especially those in the European Union, United States, Japan, Canada, or the United Kingdom. One criticism is that shipowners who want to hide their ownership may select a flag-of-convenience jurisdiction which enables them to be legally anonymous. Some ships with flags of convenience have been found engaging in crime, offering substandard working conditions, and negatively impacting the environment, primarily through
illegal, unreported and unregulated fishing Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries. Illegal fishing takes p ...
. Prior to the implementation of the International Convention on Tonnage Measurement of Ships, 1969, shipowners may have selected a jurisdiction with measurement rules that reduced the certified gross register tonnage of a ship, to reduce subsequent port of call dock dues. Such was a consideration when
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changed the flag of the RMS '' Empress of Canada'' in 1972 to that of Panama. In 2011,
Cunard Line The Cunard Line ( ) is a British shipping and an international cruise line based at Carnival House at Southampton, England, operated by Carnival UK and owned by Carnival Corporation & plc. Since 2011, Cunard and its four ships have been r ...
registered all its ships in
Bermuda Bermuda is a British Overseas Territories, British Overseas Territory in the Atlantic Ocean, North Atlantic Ocean. The closest land outside the territory is in the American state of North Carolina, about to the west-northwest. Bermuda is an ...
, which, besides other considerations, enabled its ship captains to marry couples at sea. Weddings at sea are described as a lucrative market. Maritime industry practitioners and seafarers from other countries contend that this is a natural product of globalisation. Supporters of the practice, however, point to economic and regulatory advantages, and increased freedom in choosing employees from an international labour pool. Publications from as early as 1962 argue that shipowners from developed countries use the practice to be competitive in a global environment. In 2010 in a message connected to the World Maritime Day, the Secretary-General of the
International Maritime Organization The International Maritime Organization (IMO; ; ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations responsible for regulating maritime transport. The IMO was established following agreement at a ...
gave recognition to the present status of the open registries and noted that the seafarers from some developing countries are providing major source of foreign currency to their home economies:
"The development of open registries for ships has given the shipping industry the flexibility to recruit its manpower from alternate sources, with the result that developing and newly industrialized countries now provide the majority of seafarers for the entire global fleet – not just for the ships flying their own country's flag."


Legal context

International law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
requires that every merchant ship be registered in a country. The country in which a ship is registered is its flag state, and the flag state gives the ship the right to fly its civil ensign.That the flag state gives the right to fly its flag, see United Nations, 1982, Article 91. That this flag is called a civil ensign, see De Kleer, 2007, p. 37. A ship operates under the laws of its flag state, and these laws are used if the ship is involved in an admiralty case.Hamzah, 2004, p.4. A ship's flag state exercises regulatory control over the vessel and is required to inspect it regularly, certify the ship's equipment and crew, and issue safety and pollution prevention documents. The organization which actually registers the ship is known as its registry. Registries may be governmental or private agencies.


Reasons for adopting a flag of convenience

The reasons for choosing an open register are varied and include
tax avoidance Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable. A tax shelter is one type of tax avoidance, and tax havens are jurisdictions that facilitate reduced taxe ...
, the ability to avoid national labor and environmental regulations,Dempsey and Helling, 1980. and the ability to hire crews from lower-wage countries.Working, 1999. National or closed registries typically require a ship be owned and constructed by national interests, and at least partially crewed by its citizens. Conversely, open registries frequently offer on-line registration with few questions asked.Richardson, 2003. Neff, 2007. The use of flags of convenience lowers registration and maintenance costs, which in turn reduces overall transportation costs. The accumulated advantages can be significant, for example in 1999, 28 of the American company
SeaLand The Principality of Sealand () is a micronation on HM Fort Roughs (also known as Roughs Tower), an offshore platform in the North Sea. It is situated on Rough Sands, a sandbar located approximately from the coast of Suffolk and from the coa ...
's fleet of 63 ships were foreign-flagged, saving the company up to US$3.5 million per ship every year.


Accidents and reform

The environmental disaster caused by the 1978 sinking of the , which flew the Liberian flag, spurred the creation of a new type of maritime enforcement. Resulting from strong political and public outcry over the ''Amoco Cadiz'' sinking, fourteen European nations signed the 1982 Paris Memorandum of Understanding on Port State Control or Paris MOU. Under
port state control Port state control (PSC) is an inspection regime for countries to inspect foreign-registered ships in port other than those of the flag state and take action against ships that are not in compliance. Inspectors for PSC are called PSC officers ( ...
, ships in international trade became subject to inspection by the states they visit. In addition to shipboard living and working conditions, these inspections cover items concerning the safety of life at sea and the prevention of pollution by ships. In cases when a port state inspection uncovers problems with a ship, the port state may take actions including detaining the ship. In 2015, member states of the Paris MOU conducted 17,858 inspections with deficiencies, which resulted in 595 detained vessels and 11 banned. Member states of the Tokyo Memorandum of Understanding conducted 17,269 ship inspections in 2015, recording 83,606 deficiencies which resulted in 1,153 detentions. The principle that there be a genuine link between a ship's owners and its flag state dates back to 1958, when Article 5(1) of the
Geneva Convention on the High Seas The Convention on the High Seas is an international treaty which codifies the rules of international law relating to the high seas, otherwise known as international waters. The convention was one of four treaties created at the United Nations C ...
also required that "the state must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag."D'Andrea 2006, p.2. The principle was repeated in Article 91 of the 1982 treaty called the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. , 169 sov ...
and often referred to as UNCLOS. In 1986, the
United Nations Conference on Trade and Development UN Trade and Development (UNCTAD) is an intergovernmental organization within the United Nations Secretariat that promotes the interests of developing countries in world trade. It was established in 1964 by the United Nations General Assembl ...
attempted to solidify the genuine link concept in th
United Nations Convention on Conditions for Registration of Ships
D'Andrea 2006, p.6. The Convention for Registration of Ships would require that a flag state be linked to its ships either by having an economic stake in the ownership of its ships or by providing mariners to crew the ships. To come into force, the 1986 treaty requires 40 signatories whose combined tonnage exceeds 25% of the world total. , only 14 countries have signed the treaty.


History

Merchant ships have used
false flag A false flag operation is an act committed with the intent of disguising the actual source of responsibility and pinning blame on another party. The term "false flag" originated in the 16th century as an expression meaning an intentional misrep ...
s as a tactic to evade enemy warships since antiquity, and examples can be found from as early as the
Roman era In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...
through to the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
.Wiswall 1996, p. 113. Following the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
, merchantmen flying the flag of the fledgling
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
quickly found it offered little protection against attack by
Barbary pirates The Barbary corsairs, Barbary pirates, Ottoman corsairs, or naval mujahideen (in Muslim sources) were mainly Muslim corsairs and privateers who operated from the largely independent Barbary states. This area was known in Europe as the Barba ...
– many responded by seeking to transfer their registry back to Great Britain. The use of false flags was frequently used as a ''
ruse de guerre The French language, French , sometimes literally translated as ruse of war, is a non-uniform term; generally what is understood by "ruse of war" can be separated into two groups. The first classifies the phrase purely as an act of military decept ...
'' by the British during the
Napoleonic Wars {{Infobox military conflict , conflict = Napoleonic Wars , partof = the French Revolutionary and Napoleonic Wars , image = Napoleonic Wars (revision).jpg , caption = Left to right, top to bottom:Battl ...
and the United States during the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
. During the mid-19th century,
slave ship Slave ships were large cargo ships specially built or converted from the 17th to the 19th century for transporting Slavery, slaves. Such ships were also known as "Guineamen" because the trade involved human trafficking to and from the Guinea ( ...
s flew various flags to avoid being searched by British anti-slavery fleets. The '' Belen Quezada'', in August 1919, was the first foreign ship to be re-registered in the Panamanian registry, and was employed in running illegal alcohol between Canada and the United States during
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...
.DeSombre 2006, p. 76. The modern practice of registering ships in foreign countries to gain economic advantage originated in the United States in the era of
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
, though the term "flag of convenience" did not come into use until the 1950s. Between 1915 and 1922, several laws were passed in the United States to strengthen the
United States Merchant Marine The United States Merchant Marine is an organization composed of United States civilian sailor, mariners and U.S. civilian and federally owned merchant vessels. Both the civilian mariners and the merchant vessels are managed by a combination of ...
and provide safeguards for its mariners.DeSombre 2006, p. 75. During this period, U.S.-flagged ships became subject to regular inspections undertaken by the
American Bureau of Shipping The American Bureau of Shipping (ABS) is an American maritime classification society established in 1862. Its stated mission is to promote the security of life, property, and the natural environment, primarily through the development and verific ...
. This was also the time of Robert LaFollette's Seamen's Act of 1915, which has been described as the "''
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
'' of American sailors' rights". The Seamen's Act regulated mariners' working hours, their payment, and established baseline requirements for shipboard food. It also reduced penalties for disobedience and abolished the practice of imprisoning sailors for the offense of desertion. Another aspect of the Seamen's Act was enforcement of safety standards, with requirements on lifeboats, the number of qualified able seamen on board, and that officers and seamen be able to speak the same language. These laws put U.S.-flagged vessels at an economic disadvantage against countries lacking such safeguards, and ships started to be re-registered in Panama's open registry from 1919. In addition to sidestepping the Seamen's Act, Panamanian-flagged ships in this early period paid sailors on the Japanese wage scale, which was much lower than that of western merchant powers. In the early phase of World War II the transfer of American-owned ships to the Panama registry was sanctioned by the United States government so that they could be used to deliver materials to Britain without dragging the United States, as a neutral, unintentionally into war. The Liberian open registry, founded in 1948, was the brainchild of Edward Stettinius, who had been
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
's Secretary of State during World War II.DeSombre 2006, p. 74. Stettinius created a corporate structure that included The Liberia Corporation, a joint-venture with the government of Liberia. The corporation was structured so that 25% of its revenue would go to the Liberian government, another 10% went to fund social programs in Liberia, and the remainder returned to Stettinius' corporation. The Liberian registry was created at a time when Panama's registry was becoming less attractive for several reasons including its unpopularity with the U.S. labor movement and European shipping concerns, political unrest in Panama, and increases in its fees and regulations. On 11 March 1949, Greek shipping magnate
Stavros Niarchos Stavros Spyrou Niarchos (, ; 3 July 1909 – 15 April 1996) was a Greek billionaire shipping tycoon. Starting in 1952, he had the world's biggest supertankers built for his fleet. Propelled by both the Suez Crisis and increasing demand for oil, ...
registered the first ship under the Liberian flag, ''World Peace''. When Stettinius died in 1949, ownership of the registry passed to the
International Bank of Washington International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * International (Kevin Michael album), ''International'' (Kevin Michael album), 2011 * International (New Order album), ' ...
, led by General George Olmsted.Pike, 2008. Within 18 years, Liberia grew to surpass the United Kingdom as the world's largest register. Due to Liberia's 1989 and 1999 civil wars, its registry eventually fell second to Panama's flag of convenience, but maritime funds continued to supply 70% of its total government revenue. After the civil war of 1990, Liberia joined with the
Republic of the Marshall Islands The Marshall Islands, officially the Republic of the Marshall Islands, is an island country west of the International Date Line and north of the equator in the Micronesia region of the Northwestern Pacific Ocean. The territory consists of 29 ...
to develop a new maritime and corporate program. The resulting company, International Registries, was formed as a parent company, and in 1993 was bought out by its management. After taking over the Liberian government,
Americo-Liberian Americo-Liberian people (also known as Congo people or Congau people),Cooper, Helene, ''The House at Sugar Beach: In Search of a Lost African Childhood'' (United States: Simon and Schuster, 2008), p. 6 are a Liberian ethnic group of African Am ...
warlord Charles Taylor signed a new registry contract with the Liberian International Ship and Corporate Registry, commonly known as LISCR. LISCR was one of the few legal sources of income for Taylor's regime. Liberia's registry is operated from Virginia, United States. To counteract ''class hopping'', in 2009 the
International Association of Classification Societies The International Association of Classification Societies (IACS) is a technically based non-governmental organization that currently consists of twelve member marine classification societies. More than 90% of the world's cargo-carrying ships’ ...
(IACS) established a Transfer of Class Agreement (TOCA). Ships of the Russia's shadow fleet, that transport sanctioned cargo, especially crude oil are frequently change their flag registrations. Because of this previously tiny ship registries including Gabon,
Eswatini Eswatini, formally the Kingdom of Eswatini, also known by its former official names Swaziland and the Kingdom of Swaziland, is a landlocked country in Southern Africa. It is bordered by South Africa on all sides except the northeast, where i ...
, the
Comoro Islands The Comoro Islands are a group of volcanic islands in the Mozambique Channel, an arm of the Indian Ocean lying between Madagascar and the African mainland. Three of the islands form the Union of the Comoros, a sovereign nation, while Mayotte bel ...
, and Guinea-Bissau since 2022 gain significant participants in global shipping. According to a report of the
Atlantic council The Atlantic Council is an American think tank in the field of international affairs, favoring Atlanticism, founded in 1961. It manages sixteen regional centers and functional programs related to international security and global economic prosp ...
"They are so permissive that virtually any vessel can register, even ones turned down by other flag-of-convenience-states." , the open registries of Panama, Liberia, and Marshall Islands accounted for more than 46% of the entire world fleet by
deadweight tonnage Deadweight tonnage (also known as deadweight; abbreviated to DWT, D.W.T., d.w.t., or dwt) or tons deadweight (DWT) is a measure of how much weight a ship can carry. It is the sum of the weights of cargo, fuel, fresh water Fresh water or ...
, maintaining roughly the same proportion for over a decade.


Extent of use

The
International Transport Workers' Federation The International Transport Workers' Federation (ITF) is a democratic global union federation of transport workers' trade unions, founded in 1896. In 2017 the ITF had 677 member organizations in 149 countries, representing a combined membership o ...
(ITF) is the biggest campaigner against FOC since 1948, and maintains a list of registries it considers to be flags of convenience. In developing the list, the ITF takes into account "ability and willingness of the flag state to enforce international minimum social standards on its vessels," the "degree of ratification and enforcement of ILO Conventions and Recommendations," and "safety and environmental record". , the list includes 43 registries. , Liberia, Panama and the Marshall Islands are the world's three largest registries in terms of deadweight tonnage (DWT). These three nations registered 17,752 ships of and above, for a total of : more than 46% of the world's shipborne carrying capacity. The following table gives the distribution between the 10 largest world registries in terms of tonnage (millions dwt): Source:
UNCTAD UN Trade and Development (UNCTAD) is an intergovernmental organization within the United Nations Secretariat that promotes the interests of developing countries in world trade. It was established in 1964 by the United Nations General Assembl ...
(estimates based on data supplied by Clarkson Research Services). The data refer to the beginning of an indicated year.
In comparison, the total capacity of ships in the U.S. and U.K. registers as of 1 January 2024 is 13.2 mil. dwt and 11.1 mil. dwt respectively.


Merchant marine fleet by country

This list provides the total and the number of each type of privately or publicly owned commercial ship for each country; military ships are not included.


Criticism

There are a number of common threads found in criticisms of the flag of convenience system. One is that these flag states have insufficient regulations and that those regulations they do have are poorly enforced. Another is that, in many cases, the flag state cannot identify a shipowner, much less hold the owner civilly or criminally responsible for a ship's actions. As a result of this lack of flag state control, flags of convenience are criticized on grounds of enabling tax avoidance, providing an environment for conducting criminal activities, supporting terrorism, providing poor working conditions for seafarers, and having an adverse effect on the environment. David Cockroft, former general secretary of the ITF, says: Panama has the largest maritime register, followed by Liberia. Landlocked Mongolia also has a major registry, as does Bolivia. Also, some registers are based in other countries. For example, Panamanian overseas consulates manage the documentation and collect registration fees, Liberia's registry is managed by a company in Virginia and Bahamas' from the City of London.


Concealed ownership

A ship's
beneficial owner Beneficial may refer to: Organizations * Beneficial Corporation, a consumer finance company founded in 1914 that was ultimately bought by HSBC Corporation ** Beneficial Loan Society, the former name of Beneficial Corporation ** Beneficial Finance, ...
is legally and financially responsible for the ship and its activities.OECD 2003, p. 4. For any of a number of reasons, some justifiable and some suspicious, shipowners who wish to conceal their ownership may use a number of strategies to achieve that goal. In jurisdictions that permit it, actual owners may establish shell corporations to be the legal owners of their ships,Gianni 2008, p. 20. making it difficult, if not impossible, to track who is the beneficial owner of the ship. The 2004 Report of the UN Secretary General's Consultative Group on Flag State Implementation reported that "It is very easy, and comparatively inexpensive, to establish a complex web of corporate entities to provide very effective cover to the identities of beneficial owners who do not want to be known."Gianni 2008, p. 19. According to a 2003 report by the
Organisation for Economic Co-operation and Development The Organisation for Economic Co-operation and Development (OECD; , OCDE) is an international organization, intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and international trade, wor ...
(OECD) report entitled "Ownership and Control of Ships", these corporate structures are often multi-layered, spread across numerous jurisdictions, and make the beneficial owner "almost impenetrable" to law enforcement officials and taxation. The report concludes that "regardless of the reasons why the cloak of anonymity is made available, if it is provided it will also assist those who may wish to remain hidden because they engage in illegal or criminal activities, including terrorists." The OECD report concludes that the use of
bearer share A bearer instrument is a document that entitles the holder of the document to rights of ownership or title to the underlying property. In the case of shares (bearer shares) or bonds ( bearer bonds), they are called bearer certificates. Unlike no ...
s is "perhaps the single most important (and perhaps the most widely used) mechanism" to protect the anonymity of a ship's beneficial owner.OECD 2003, p. 8. Physically possessing a bearer share accords ownership of the corporation. There is no requirement for reporting the transfer of bearer shares, and not every jurisdiction requires that their serial numbers even be recorded. Two similar techniques to provide anonymity for a ship's beneficial owner are "nominee shareholders" and "
nominee director A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulations ...
s". In some jurisdictions that require shareholder identities to be reported, a loophole may exist where the beneficial owner may appoint a nominee to be the shareholder, and that nominee cannot legally be compelled to reveal the identity of the beneficial owner.OECD 2003, pp. 8–9. All corporations are required to have at least one director, however many jurisdictions allow this to be a nominee director.OECD 2009, p. 9. A nominee director's name would appear on all corporate paperwork in place of the beneficial owners, and like nominee shareholders, few jurisdictions can compel a nominee director to divulge the identity of beneficial owners. A further hurdle is that some jurisdictions allow a corporation to be named as a director.


Crime

Flag of convenience ships have long been linked to crime on the high seas. For example, in 1982, Honduras shut down its open registry operations because it had enabled "illegal traffic of all kinds and had given Honduras a bad name". Reuters, 1982. Ships registered by the Cambodia Shipping Corporation (CSC) were found smuggling drugs and cigarettes in Europe, breaking the Iraq oil embargo, and engaging in human trafficking and prostitution in Europe and Asia. In response to these activities, in 2000, Ahmad Yahya of the Cambodian Ministry of Public Works and Transport told industry publication ''Fairplay'' "We don't know or care who owns the ships or whether they're doing 'white' or 'black' business ... it is not our concern." Less than two years later, French forces seized the Cambodian-flagged, Greek-owned MV ''Winner'' for cocaine smuggling. Shortly after the seizure, Cambodian Prime Minister
Hun Sen Samdech Hun Sen (; , Romanization of Khmer#UNGEGN, UNGEGN: ; born 5 August 1952) is a Cambodian politician and former military officer who currently serves as the List of presidents of the Senate (Cambodia), president of the Senate. He previous ...
closed the registry to foreign ships, and Cambodia canceled its contract with CSC shortly thereafter.Brooke, 2004. The North Korean flag of convenience has also garnered significant scrutiny. In 2003, the North Korean freighter ''
Pong Su The ''Pong Su'' incident began on 16 April 2003 when heroin was smuggled from the ''Pong Su'', a North Korean cargo ship, onto an Australian beach. Australian military special forces subsequently boarded the ''Pong Su'' in Australian territorial ...
'' reflagged to
Tuvalu Tuvalu ( ) is an island country in the Polynesian subregion of Oceania in the Pacific Ocean, about midway between Hawaii and Australia. It lies east-northeast of the Santa Cruz Islands (which belong to the Solomon Islands), northeast of Van ...
in the middle of a voyage shortly before being seized by Australian authorities for smuggling
heroin Heroin, also known as diacetylmorphine and diamorphine among other names, is a morphinan opioid substance synthesized from the Opium, dried latex of the Papaver somniferum, opium poppy; it is mainly used as a recreational drug for its eupho ...
into that country. That year, thirteen nations began monitoring vessels under the North Korean flag for "illicit cargos like drugs, missiles or nuclear weapon fuel". Following the US 2018 withdrawal from the
Joint Comprehensive Plan of Action The Joint Comprehensive Plan of Action (JCPOA; (, BARJAM)), also known as the Iran nuclear deal or Iran deal, is an agreement to limit the Iranian nuclear program in return for sanctions relief and other provisions. The agreement was finalize ...
,
Iran's ghost fleet Iran's ghost fleet refers to a network of oil tankers, shell companies, and covert logistical operations used by the Islamic Republic of Iran to secretly export oil in defiance of international sanctions, primarily those imposed by the United States ...
is known to use flag hopping in order to smuggle oil out of the country.


Working conditions

In the accompanying material of the ILO's Maritime Labour Convention of 2006, the International Labour Organization estimated that at that time there were approximately 1,200,000 working seafarers across the world.International Labour Organization, "Maritime Labour Convention 2006, Frequently Asked Questions", p. 5. This document goes on to say that when working aboard ships flagged to states that do not "exercise effective jurisdiction and control" over their ships that "seafarers often have to work under unacceptable conditions, to the detriment of their well-being, health and safety and the safety of the ships on which they work."International Labour Organization, "Maritime Labour Convention 2006, Frequently Asked Questions", pp. 4–5. The International Transport Workers' Federation goes further, stating that flags of convenience "provide a means of avoiding labor regulation in the country of ownership, and become a vehicle for paying low wages and forcing long hours of work and unsafe working conditions. Since FOC ships have no real nationality, they are beyond the reach of any single national seafarers' trade union." They also say that these ships have low safety standards and no construction requirements, that they "do not enforce safety standards, minimum social standards or trade union rights for seafarers", that they frequently fail to pay their crews, have poor safety records, and engage in practices such as abandoning crewmen in distant ports.


Environmental effects

While flag of convenience ships have been involved with some of the highest-profile oil spills in history (such as the Maltese-flagged , the Bahamian-flagged , the Marshallese-flagged ''
Deepwater Horizon ''Deepwater Horizon'' was an ultra-deepwater, Dynamic positioning, dynamically positioned, Semi-submersible platform, semi-submersible offshore drilling Oil platform, rig owned by Transocean and operated by the BP company. On 20 April 2010, ...
'', and the Liberian-flagged , and ), the most common environmental criticism they face regards
illegal fishing Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries. Illegal fishing takes pl ...
. These critics of the flag of convenience system argue that many of the FOC flag states lack the resources or the will to properly monitor and control those vessels. The
Environmental Justice Foundation The Environmental Justice Foundation (EJF) is a non-governmental organisation (NGO) founded in 2001 by Steve Trent and Juliette Williams that promotes the non-violent resolution of human rights abuses and related environmental issues in the Globa ...
(EJF) contends that
illegal, unreported and unregulated fishing Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries. Illegal fishing takes p ...
(IUU) vessels use flags of convenience to avoid fisheries regulations and controls. Flags of convenience help reduce the operating costs associated with illegal fishing methods, and help illegal operators avoid prosecution and hide beneficial ownership. As a result, flags of convenience perpetuate IUU fishing which has extensive environmental, social and economic impacts, particularly in developing countries. The EJF is campaigning to end the granting of flags of convenience to fishing vessels as an effective measure to combat IUU fishing. According to
Franz Fischler Franz Fischler (born 23 September 1946) is an Austrian politician from the Austrian People's Party (ÖVP). He was the European Union's Commissioner for Agriculture, Rural Development and Fisheries (1995–2004). He also was President of the Euro ...
, European Union Fisheries Commissioner,


Port state control

In 1978, a number of European countries agreed in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
to audit labour conditions on board vessels ''vis-a-vis'' the rules of the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
. To this end, in 1982 the " Paris Memorandum of Understanding on Port State Control" (Paris MOU) was established, setting port state control standards for what is now twenty-six European countries and Canada. Several other regional Memoranda of Understanding have been established based on the Paris model, including the " Memorandum of Understanding on Port State Control in the Asia-Pacific Region", typically referred to as the "Tokyo MOU", and organizations for the Black Sea, the Caribbean, the Indian Ocean, the Mediterranean, and Latin America. The Tokyo and Paris organizations generate, based on deficiencies and detentions, black-, white-, and grey-lists of flag states. The
US Coast Guard The United States Coast Guard (USCG) is the maritime security, search and rescue, and law enforcement service branch of the armed forces of the United States. It is one of the country's eight uniformed services. The service is a maritime, mi ...
, which handles port state control inspections in the US, maintains a similar target list for underperforming flag states. , it could be said that the 6 major FOC registries in terms of tonnage (representing more than half of the world tonnage) are performing pretty well in respect of PSC inspections: Sources: International Chamber of Shipping (ICS), Paris MoU, Tokyo MoU, USCG Both Paris and Tokyo MoU-s maintain black lists of low performing flags, but there are FOC and non-FOC registries among them. Panama has a policy to reduce PSC detentions and to improve performance on Panamanian vessels. The effectiveness of the port state control regime in correcting deficiencies is mitigated in some part by the practice of flag-hopping, in which shipowners and operators will rename their ships and acquire new vessel registrations in other jurisdictions in order to avoid detection and reduce the likelihood of being selected for port state control inspections.


Ratification of maritime conventions

International regulations for the maritime industry are promulgated by agencies of the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, particularly the International Maritime Organization and
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
. Flag states adopt these regulations for their ships by ratifying individual treaties. One common criticism against flag of convenience countries was that they allow shipowners to avoid these regulations by not ratifying important treaties or by failing to enforce them. Recent surveys (table on right side) shows that major FOC administrations comply with the international conventions. Only small percent of FOC tonnage belongs to flags, which are out of this process. The
International Chamber of Shipping The International Chamber of Shipping is one of the world's principal shipping organisations, representing around 80% of the world's merchant tonnage through membership by national shipowners' associations. It is concerned with maritime regulatory ...
(ICS) issues an annual report entitled the ''Shipping Industry Flag State Performance Table'' identifying the six "core" conventions representing a minimum level of maritime regulation, from the viewpoint of shipowners, as SOLAS, MARPOL, LL 66, STCW, MLC, and CLC/FUND92. Of these, all 43 flag of convenience countries listed by ITF have ratified the
STCW Convention International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) sets minimum qualification standards for masters, officers and watch personnel on seagoing merchant ships and large yachts. STCW was adop ...
, concerning standards of training, certification and watchkeeping for seafarers, and 23 of them have ratified all six. However, at least fifteen listed countries have not ratified all the remaining five conventions. To put this in context, over 50 flag states have not ratified all six conventions, including China and United States of America. The
Safety of Life at Sea The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organizat ...
(SOLAS) and Load Line (LL 66) conventions focus on shipboard safety issues. Originally developed in response to the sinking of RMS ''Titanic'', SOLAS sets regulations on lifeboats, emergency equipment and safety procedures, including continuous radio watches. It has been updated to include regulations on ship construction, fire protection systems, life-saving appliances, radio communications, safety of navigation, management for the safe operation of ships, and other safety and security concerns. LL 66 sets standards for minimum buoyancy, hull stress, and ship's fittings, as well as establishing navigational zones where extra precautions must be taken. The International Labour Organization Maritime Labour Convention, 2006 provides comprehensive rights and protection at work for seafarers, including requirements for minimum age, qualifications, hours of work and rest, medical care, complaint procedures, wage payments, and onboard living arrangements. The MLC replaced a number of earlier ILO Conventions including ILO147. MARPOL and CLC/FUND92 relate to pollution. The International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL), as modified by the Protocol of 1978, including Annexes I–VI" regulates pollution by ships, including oil and air pollution, shipboard sewage and garbage. The Civil Liability for Oil Pollution Damage (CLC) and International Fund for Compensation for Oil Pollution Damage (FUND92) together provide mechanisms to ensure compensation for victims of oil spills.


Wages

The
United Nations Conference on Trade and Development UN Trade and Development (UNCTAD) is an intergovernmental organization within the United Nations Secretariat that promotes the interests of developing countries in world trade. It was established in 1964 by the United Nations General Assembl ...
, in its 2009 ''Report on Maritime Trade'', states that shipowners often register their ships under a foreign flag in order to employ "seafarers from developing countries with lower wages". The Philippines and China supply a large percentage of maritime labor in general, and major flags of convenience in particular. In 2009, the flag-states employing the highest number of expatriate-Filipino seafarers were Panama, the Bahamas, Liberia and the Marshall Islands. That year, more than 150,000 Filipino sailors were employed by these four flags of convenience. In a 2006 study by the
United States Maritime Administration The United States Maritime Administration (MARAD) is an Government agency#United States, agency of the United States Department of Transportation. MARAD administers financial programs to develop, promote, and operate the United States Maritime ...
(MARAD), sailors from the People's Republic of China comprised over 40% of the crews on surveyed ships flying the Panamanian flag, and around 10% of those flying the Liberian flag.Maritime Administration, 2006, p. 14. The MARAD report referred to both China and the Philippines as "low cost" crewing sources.Maritime Administration, 2006, p. 13-14. The seafaring industry is often divided into two employment groups: licensed mariners including
deck officer The deck department is an organisational team on board naval and merchant ships. Seafarers in the deck department work a variety of jobs on a ship or vessel, but primarily they will carry out the navigation of a vessel from the bridge. Howeve ...
s and
marine engineers Marine engineering is the engineering of boats, ships, submarines, and any other marine vessel. Here it is also taken to include the engineering of other ocean systems and structures – referred to in certain academic and professional circ ...
, and mariners that are not required to have licenses, such as able seamen and cooks, but are required to be certified. The latter group is collectively known as unlicensed mariners or ratings. Differences in wages can be seen in both groups, between "high cost" crewing sources such as the United States, and "low cost" sources such as China and The Philippines. However, salaries on flag of convenience ships are still far higher than median salaries of non-seafarers in these countries, in addition to income tax exemption of some seamen, particularly those from the Philippines. For unlicensed mariners, 2009 statistics from the American
Bureau of Labor Statistics The Bureau of Labor Statistics (BLS) is a unit of the United States Department of Labor. It is the principal fact-finding agency for the government of the United States, U.S. government in the broad field of labor economics, labor economics and ...
give median earnings for
able Able may refer to: * Able (1920 automobile), a small French cyclecar * Able (rocket stage), an upper stage for Vanguard, Atlas, and Thor rockets * Able (surname) * ABLE account, a U.S. savings plan for people with disabilities * Able UK, British s ...
and ordinary seamen as US$35,810, varying from $21,640 (at the 10th percentile) to $55,360 (at the 90th percentile). This can be compared with 2006 statistics from the International Labour Organization, giving average yearly earnings for Filipino and Chinese able seamen around $2,000 to $3,000 per year (
PHP PHP is a general-purpose scripting language geared towards web development. It was originally created by Danish-Canadian programmer Rasmus Lerdorf in 1993 and released in 1995. The PHP reference implementation is now produced by the PHP Group. ...
9,900 per month and
CNY The renminbi ( ; symbol: ¥; ISO code: CNY; abbreviation: RMB), also known as the Chinese yuan, is the official currency of the People's Republic of China. The renminbi is issued by the People's Bank of China, the monetary authority of China ...
3,071 per year).From . Expand "Wages" tab. Select "Wages and hours of work in 159 occupations." Select "China" and click "Go." Click "view." Data under "Able seaman". Among licensed mariners, American
chief engineer A chief engineer, commonly referred to as "Chief" or "ChEng", is the most senior licensed mariner (engine officer) of an engine department on a ship, typically a merchant ship, and holds overall leadership and the responsibility of that departmen ...
s earned a median $63,630, varying from $35,030 to $109,310 while their Filipino counterparts averaged $5,500 per year (PHP21,342 per month).From . Expand "Wages" tab. Select "Wages and hours of work in 159 occupations." Select "Philippines" and click "Go." Click "view." Data under "Ship's chief engineer" and "Able seaman".


See also

* Declaration recognising the Right to a Flag of States having no Sea-coast *
Tax haven A tax haven is a term, often used pejoratively, to describe a place with very low tax rates for Domicile (law), non-domiciled investors, even if the official rates may be higher. In some older definitions, a tax haven also offers Bank secrecy, ...


Footnotes


References

* * * * * * * * * * * * * * * * * * * * *


News stories

* * * * * *


Fishing references

* *


Port state control organisations

* * * * * * * *


Further reading

* * * *Carlisle, Rodney. (1981). ''Sovereignty for Sale: The Origin and Evolution of the Panamanian and Liberian Flags of Convenience''. Annapolis, MD: Naval Institute Press. *Carlisle, Rodney. (2009). Second Registers: Maritime Nations Respond to Flags of Convenience, 1984–1998. ''The Northern Mariner'', 19:3, 319–340. * * * * *


External links


Database on reported incidents of abandonment of seafarersFlag of Convenience Cyprus: Prestige Oil Spill
* {{Authority control 1920s establishments in the United States 1950s neologisms Business terms Flag practices International taxation International trade Law of the sea Offshore finance Offshoring Ship registration *Flag of convenience Illegal, unreported and unregulated fishing