1. DOCUMENTS AND CERTIFICATES REQUIRED BY LAW
CHAP 3
DOCUMENTS AND CERTIFICATES REQUIRED BY LAW

2. Ship Documents Onboard DOCUMENTS AND CERTIFICATES REQUIRED BY LAW

3. ALL SHIPS passenger ships, cargo ships,
The following documents must be carried by all ships, that is:
passenger ships,
cargo ships,
Ships carrying noxious liquid substance in bulk,
chemical tankers,
gas tankers,
special purpose ships,
offshore supply vessels,
dynamically supported crafts and
mobile offshore drilling units.

4. Certificate of Registry
The Certificate of Registry attests the nationality of a ship.
To obtain a Certificate of Registry, the owner of the ship must enter his ship in the official register of ships of the State of Registration.
Only than, the ship is allowed to fly the flag of the State of Registration.
Following "Key Clauses" were published by the United Nations on "Conditions for Registration of Ships".

5. Ship Registration Open Registry Flag of convenience
Flag of convenience is the business practice of registering a merchant ship in a sovereign state different from that of the ship's owners, and flying that state's civil design on the ship.

6. Flag of Discrimination
Flag discrimination consists of a wide variety of acts and pressures exerted by governments designed to direct cargoes to ships of the national flag, regardless of the commercial considerations which normally govern the routing of cargoes.
Restrictions are either imposed on all foreign vessels or discriminate against ships which are registered in certain countries.
Flag discrimination thus places impediments in the path of the free flow of international trade, disturbing trade between all countries and all sectors of the economy.
Developing countries see the growing use of 'flags of convenience' by shipowners in developed countries as a substantial impediment to their efforts to expand their own merchant fleets

7. Unctad Convention – Key Clauses
5.1
The flag State shall have a competent and adequate national maritime administration, which shall be subject to its jurisdiction and control.  
5.2
The flag State shall implement applicable international rules and standards concerning, in particular, the safety of ships and persons on board and the prevention of pollution of the marine environment.  
9.6
The State of Registration shall ensure:  
(a)
that the manning of ships flying its flag is of such a level and competence as to ensure compliance with applicable international rules and standards, in particular those regarding safety at sea;  
(b)
that the terms and conditions of employment on board ships flying its flag are in conformity with applicable international rules and standards

8. International Tonnage Certificate (1969)
The International Tonnage Certificate (see also back of document) gives the gross and net tonnage of a ship, determined in accordance with the 1969 Tonnage Convention (Article 7).
Duration and validity:
permanent except in case of alterations or upon transfer of the ship to the flag of another State.

9. NOTES
Besides the International Tonnage Certificate, Administrations may also issue Tonnage Certificates, which do not comply with the 1969 International Tonnage Convention.
The 1969 International Tonnage Convention does not apply to ships of less than 24 meters (79 feet) in length. These ships will be issued with a Tonnage Certificate. (see also back of document)
Some countries may issue Tonnage Certificates based on their own rules like the Britis Tonnage Certificate (see also back of document)

10. GT, NT, GRT & NRT
Gross tonnage (GT) is a function of the volume of all of a ship's enclosed spaces (from keel to funnel) measured to the outside of the hull framing.
Net tonnage (NT) is based on a calculation of the volume of all cargo spaces of the ship. It indicates a vessel's earning space and is a function of the moulded volume of all cargo spaces of the ship.
Gross register tonnage (GRT) represents the total internal volume of a vessel, where one register ton is equal to a volume of 100 cubic feet (  m3), a volume that, if filled with fresh water, would weigh around 2,800 kg or 2.8 tonnes.
Net register tonnage (NRT) is the volume of cargo the vessel can carry—that is, the gross register tonnage less the volume of spaces that do not hold cargo (e.g., engine compartment, helm station, and crew spaces, again with differences depending on which port or country does the calculations)

11. International Load Line Certificate
The International Load Line Certificate (see also back of document )is issued to ships which are engaged on international voyages and which have been surveyed and marked in accordance with the International Convention on Load Lines, 1966 (LL 66). (LL 66, Article 4, par. (2) and Article 16, par. (1)) or the Protocol of 1988 relating to the International
Convention on Load Lines, 1966 as appropriate.
* The main purpose of the Convention is to ensure that ships, after loading, maintain a minimum freeboard. This is materialized by applying "Load Line Marks" also called "Plimsoll Marks" on each side of the hull, allowing the ship to maintain a minimum "Reserve Buoyancy".

12. The International Convention on Load Lines 1966 is not applicable to:
* ships of war;
* new ships less than 24 meters (79 feet) in length;
* existing ships of less than 150 tons gross tonnage;
* pleasure yachts not engaged in trade;
* fishing vessels. (LL 66, Article 5 (1)).
To these ships a National Load Line Certificate (see also back of document) is issued.
* The main purpose of the Protocol of 1988 relating to the International Convention on Load Lines, 1966 is to bring the 1966 Rules in agreement with the International Conference on the Harmonized System of Survey and Certification.

13. International Load Line Exemption Certificate
An International Load Line Exemption Certificate (see also back of document) may be issued to:
* ships which embodies features of a novel kind;
* ships which, in exceptional circumstances, are required to undertake a single international voyage (LL 66, Article 6, par. (2) and (4) and Article 16, par.
* Ships which are engaged on international voyages between near neighbouring ports of two or more States, may be exempted by the Administration from the provisions of the LL 66 (LL 66, Article 6, par (1)).

14. Minimum Safe Manning Document
A Document of Safe Manning is delivered to a ship to which Chapter I of the SOLAS Convention applies when it is considered to be safely manned whenever it proceeds to sea (SOLAS 74 – 1989 Amendments, Regulation V/13 (b)). See Document of Safe Manning – front and Document of Safe Manning – back.

15. Certificates for masters, officers or ratings
* Every master, officer or rating must, to the satisfaction of the Administration, meet with the necessary requirements of service, age, medical fitness, training, qualifications and examination in accordance with the provisions of the Annex to the Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978 (STCW 78). (See also the 1995 amendments)
The Certificates of Masters, officers and ratings which comply to the STCW 95 shall be endorsed by the Administration in the form prescribed in Regulation II/2 of the Annex. See Endorsement as Master. See also Certificate of Service for a engineer officer and its Endorsement.
* Crew members sailing on certain types of ships such as oil tankers, chemical tankers, gas tankers and others, also need specific qualifications to sail on these ships. These qualifications also need to be endorsed by the Administration. See Special Certificate of Competency for a deck officer and for a deck rating and the  Endorsement for Crude Oil Washing + Inert Gas and Endorsement for Chemical Tanker

16. Cont..
The Certificates of Masters, officers and ratings which comply to the STCW 95 shall be endorsed by the Administration in the form prescribed in Regulation II/2 of the Annex. See Endorsement as Master. See also Certificate of Service for a engineer officer and its Endorsement.
Crew members sailing on certain types of ships such as oil tankers, chemical tankers, gas tankers and others, also need specific qualifications to sail on these ships.
These qualifications also need to be endorsed by the Administration. See Special Certificate of Competency for a deck officer and for a deck rating and the  Endorsement for Crude Oil Washing + Inert Gas and Endorsement for Chemical Tanke

17. BILL OF LADING – MBL & HBL
Difference between House Bill of Lading and Master Bill of Lading
A Bill of Lading maybe issued as a House Bill of Lading or a Master Bill of Lading..
A House Bill of Lading (HBL) is issued by an NVOCC operator, or a Freight Forwarder to their customers..
A Master Bill of Lading (MBL) is issued by the Shipping Line (Carrier) to the NVOCC Operator, or Freight Forwarder..
- Title
- contract of Carriage
- Doc of Transfer

18. BILL OF LADING
When issued for a FCL shipment (non-groupage), a HBL should always be issued on a back to back basis with a MBL which means that the HBL should be an EXACT replica of the MBL issued by the actual Shipping line in respect of all details except the shipper, consignee and notify party details which will be different in the HBL and MBL..

19. BILL OF LADING In the HBL
the Shipper will usually be the actual shipper/exporter of the cargo (or as dictated by the L/C)
the Consignee will usually be the actual receiver/importer of the cargo (or as dictated by the L/C)
the Notify could be the same as Consignee (or any other party as dictated by the L/C)
In the MBL
the Shipper will usually be the NVOCC operator, or their agent or the Freight Forwarder..
the Consignee will usually be the destination agent or counterpart or office of the NVOCC operator, or the Freight Forwarder
the Notify could be the same as Consignee or any other party.. LC

20. BILL OF LADING
In the interest of the NVOCC operator and their insurance coverage/exposure, it is recommended that:
“ all the details on the HBL and MBL like vessel/voyage information, cargo description, number of containers, seal numbers, weight, measurements should remain the same..”
* The only difference should be in the shipper, consignee and notify details..

21. BILL OF LADING
Unless disallowed by the L/C, the HBL is also used/treated as a negotiable document and can be considered to fulfill the roles of a bill of lading.. But due care must be taken when using HBL as a negotiable document as I have come across a counter-productive and dangerous practice of consigning the HBL and MBL exactly the same which means that there are two sets of bills of lading issued by two different entities for the same cargo..!!!!!!

23. Group Work Bintulu Port awards RM38m Crane Job.
PETALING JAYA: Bintulu Port Holdings Bhd’s wholly-owned subsidiary Samalaju Industrial Port Sdn Bhd has awarded a RM million contract to Senari Machinery Sdn. Bhd.
In a filing with the stock exchange, it said the contract is for the design, construction, delivery, installation, testing and commissioning of three units of level luffing cranes complete with a hopper and conveyor belt feeder. The duration for the contract is 14 months.
Meanwhile, Bintulu Port said a sum of RM 2,779.86, being % of cost per unit price per day, shall be imposed as liquidated and ascertained damages for non-performance of the above works.