ALERTS
New guidelines for the granting of navigation passport for vessels and naval artifacts
The Directorate General of Coast Guard and Coast Guard (DICAPI) has issued Directorial Resolution No. 107-25 MGP/DICAPI, which approves the “Guidelines for the granting of navigation passport to vessels and naval artifacts”, which modifies the applicable regulatory framework and repeals Directorial Resolution No. 0134-2012 MGP/DCG.
The passport is a temporary certificate that allows the navigation of vessels and naval artifacts acquired or leased abroad while they carry out the procedure for their definitive registration in Peru.
Main provisions:
Scope of application: applies to natural and legal persons acquiring, financially leasing or under the bareboat modality a foreign vessel or naval artifact, new or used of foreign flag, which require to obtain from the National Maritime Authority a navigation passport.
Definition of passport: the “certificate granted by the General Directorate of Captaincy and Coast Guard or Peruvian consul accredited abroad, to the vessel or naval artifact, acquired or subject to financial leasing or bareboat leasing modalities, whose complete registration files are in process”.
Conditions of the passport:
- Issuance of the navigation passport: Issued to vessels and naval artifacts acquired or built abroad, as well as to those obtained under financial lease or bare hull with purchase option.
- Rights and obligations: Allows to fly the Peruvian flag provisionally and operate under the national regulatory framework, for which a navigation passport will be issued, granted by the Director General of Captains and Coast Guard or the Peruvian Consul, duly accredited abroad, as appropriate.
- Certification: All vessels under Law No. 28583 (Law for the Reactivation and Promotion of the National Merchant Marine) must have a class certificate issued by a classification society member of the IACS (International Association of Classification Societies).
- Recognition of previous certificates: The operation of the vessel will depend on the recognition of statutory certificates issued in its previous registry and must comply with the International Conventions of the International Maritime Organization (IMO).
- Regulatory Compliance: In order to complete their flagging, vessels must comply with the requirements of Articles 60 and 61 of the Regulations of Law No. 28583, except for specific exceptions for vessels under financial lease or bareboat.
- Age limits and lease contract: In order to fly the Peruvian flag, vessels acquired under financial lease or bareboat with purchase option must: (i) be less than 10 years old since its construction; (ii) have a lease contract of no more than 15 years; (iii) have a class certificate in force; and (iv) prove the cancellation or suspension of its previous registration.
- Duration of the passport: It will be up to 120 calendar days, but if any statutory or class certificate expires before that term, the passport will be granted until the expiration date of such document.
Requirements for obtaining the Passport:
- Procedure: the General Directorate of Captaincy and Coast Guard grants the passport according to the model in Appendix 1 of Annex A “Navigation Passport, which in turn must comply with the requirements established in Article 594 of the Regulations of Legislative Decree No. 1147 that “Regulates the strengthening of the Armed Forces in the competencies of the National Maritime Authority, General Directorate of Captaincy and Coast Guard”, in accordance with: (i) application addressed to the Director General, indicating the data of the vessel or naval artifact (such as port of location, class, gross tonnage, name, type and scope of operation); (ii) simple copy of the document evidencing the cancellation or suspension of the previous registration record of the country of origin (as applicable); and (iii) copy of proof of payment.
- Optional additional documentation: The applicant may submit complementary documents to support its application, such as the Purchase and Sale Agreement or Memorandum of Understanding (MOU), current Class Certificate issued by an IACS and statutory certificates of the previous registration.
- Regulatory compliance: The issuance of the passport does not exempt the vessel from compliance with regulations on navigational safety, environmental protection and pollution prevention.
- Specific requirements for the acquisition of fishing vessels: Those operating in Peruvian jurisdictional waters must have prior authorization to increase the fleet, granted by the Ministry of Production.
- Definitive registration process: During the validity of the passport, the owner or shipowner must complete the documentation for the definitive registration and obtain the statutory certificates from DICAPI (document issued by the competent authority of a vessel’s flag or authorized institution that certifies compliance with international standards and national legislation).
- Loss of passport: If the vessel is sold or flagged in another country, it will automatically lose the right to fly the Peruvian flag, without prejudice to the obligations previously contracted.
- Minimum safety equipment: The owner, shipowner or representative must propose to DICAPI a minimum safety equipment for provisional approval.
For further information, please contact Omar Córdova (ocordova@estudiorodrigo.com).
