Recently the US press has been reporting on the long stalled and overdo vote
on the proposed "Law of the Sea" ratification. There are pros and cons put
forth by various US interests and that's not the subject here.
What this "law" proposes to do is make a single all encompassing source of
the Law of the Sea as opposed to the various mix that one encounters today
from one country to the next. It has been ratified by many countries to date
and I believe there are only a few to go such as the US.
http://tinyurl.com/rnlza
Much of it is nothing that we need to concern ourselves with in the
operation of private boats on the high seas. However some of the Articles
apply to everyone.
If you pop down to Article 91 on page 52 and work down thru a few of them
you'll see the flag/State relationship. BTW the term State in this document
relates to a Country not a State al la New York, etc.
Article 110 page 57 paragraph 1 (d & e) and paragraph 2 certainly make me
want to be properly State Flagged and showing the correct one!
Article 111 "Hot Pursuit" is interesting. The US DEA has agreements with
most of the Caribbean countries that allow them and the USCG/Navy to pursue
into territorial waters and right onto the sovereign land of these
countries....ouch. I think the US would have a bit of a issue if the
Antiguan Swat team was pursuing some drug runners right up the Potomac and
into DC!
Perhaps you can see why the US isn't too keen on signing this "Law of the
Sea" which is good for everyone but "US" ;-)
So until this either gets signed and individual countries bring their
maritime laws into compliance with it we'll continue to have the hundreds of
different laws in different jurisdictions that we might visit with our
boats. Better to have them at least up to snuff with regards to Flagging,
licensing of operators/equipment and gear required of whatever country you
choose to Flag in.
Scott feels that offshore jurisdictions and registrations are used to avoid
the tax man. This may or may not be true.
Swan Song is US Duty Paid and US Documented. Both Nancy and I are US
Citizens and have the appropriate licenses, FCC station licenses, etc.
Initial cost of $300 or so and an annual of nearly zero. As a US Flag boat &
US Citizens we are freer of the visa and some other requirements that other
flagged vessels might not be. On the other hand because we are we can't get
unlimited fuel here in Venezuela that some other Flags can. Our friends just
had to pay $3.00 gal for AVGAS for their plane as it has an "N" letter vs.
$.10 for others.
Swan Song is also BVI duty paid but we chose not to register in the BVI.
Simple....an offshore company costs about $1500 with an annual $300 to $500
fee. Flagging the boat there is another $1500 plus an annual fee of around
$500. So for a few BU's up front and another BU annually we get to fly the
BVI flag? No thanks.
With the rapid increase in rules/laws/procedures driven by the state of the
world today one can only expect them to become more onerous of the cruising
lifestyle. From anchorages that now prohibit anchoring, only mooring. To 24
hour or greater arrival notices that you need to meet within a very short
time frame. To visa requirements which keep increasing and are hard to get
for many folks.
So again the playing field changes once you leave the womb and what you
might think is fact or the law really isn't. Some places have there laws
deeply rooted while others seem to make them as the situation arises ;-)
Just our observations from the recent visit of 14 countries in the
Caribbean.
As always YMMV....
Dave & Nancy
Swan Song
Roughwater 58