Resolution A.1142(31)

Adopted on 4 December 2019

(Agenda item 11)

 

MEASURES TO PREVENT THE FRAUDULENT REGISTRATION AND FRAUDULENT REGISTRIES OF SHIPS

 

THE ASSEMBLY,

 

RECALLING Article 15 of the Convention on the International Maritime Organization regarding the functions of the Assembly,

 

NOTING the duties of the flag State under the international law of the sea, including the provisions of articles 91 and 94 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS),

 

NOTING ALSO the increase in the number of cases of fraudulent registration and related practices and fraudulent registries of ships received by the Organization,

 

RECALLING the Legal Committee's discussions about measures to prevent such unlawful practices,

 

RECOGNIZING that the fraudulent registration of ships and the operation of fraudulent registries endanger the integrity of maritime transport, and undermine the legal foundation of the Organization's treaty and regulatory regime,

 

ACKNOWLEDGING that the consequences of not addressing the issues could contribute to the proliferation of fraudulent registries and may lead to adverse impacts on maritime safety, security and protection of the environment,

 

BEING DEEPLY CONCERNED that some ships have been registered on the basis of false or forged documentation,

 

RECOGNIZING the undesirability of the registration of ships through unlawful practices,

 

BEARING IN MIND that existing instruments of IMO or the United Nations do not adequately address the fraudulent registration and fraudulent registries of ships,

 

BELIEVING that these issues could be better prevented if accurate and complete information on the legitimate bodies authorized to register ships for Governments is available to all maritime users at all times,

 

RECOGNIZING that the Global Integrated Shipping Information System (GISIS) could be used as a centralized repository of this information,

 

RECOGNIZING ALSO that the information regarding the legitimate registries should be transmitted securely to the Secretary-General,

 

CONVINCED that the efforts of Governments and the Secretary-General will be assisted by procedures of communication designed to secure the transmission of information between Governments and the Secretary-General,

 

HAVING CONSIDERED the recommendations made by the Legal Committee at its 106th session,

 

1          ADOPTS the Procedure for the communication of information to the Organization on registries of ships in the Contact Points module in GISIS, as set out in the annex to the present resolution;

 

2          URGES Governments to submit information on their registries of ships to the Organization using the procedure in the annex;

 

3          REQUESTS the Legal Committee to keep the procedure under review and to take further action as it may consider necessary in light of developments;

 

4          REQUESTS the Secretary-General to bring this Assembly resolution to the attention of the Secretary-General of the United Nations for information.

 

Annex

 

PROCEDURE FOR THE COMMUNICATION OF INFORMATION TO THE ORGANIZATION ON REGISTRIES OF SHIPS IN THE CONTACT POINTS MODULE IN GISIS

 

1          Governments should transmit to the Secretary-General the name of their national governmental body(ies), or authorized/delegated entities in charge of registration of ships, together with the list of any field offices maintained by that/those body(ies) or entities, accompanied by the name(s), address(es), telephone/fax numbers and email(s) of the person(s) and/or entities authorized to register ships, as well as the website(s) of the national and field office(s).

 

2          Governments may provide additional information, such as the date from which authority to register ships for the country concerned has been given to an entity and the date from which withdrawal of authority to register ships for the country concerned takes effect, as well as information on an entity that has tried to fraudulently register ships, or has actually fraudulently registered ships.

 

3          The complete information shall be communicated to the Secretary-General in writing. It should be communicated through the Embassy/High Commission or Permanent Mission of the Government concerned in the United Kingdom, if so established.

 

4          If the Government concerned does not have an Embassy or High Commission in the United Kingdom or a Permanent Mission, the information should be communicated through the Embassy/High Commission in another country or the Permanent or Accredited Representation to the Organization. If none of these exists, the Secretariat shall liaise directly with the Government concerned.

 

5          The Secretariat shall verify the information received, through direct communication with the Ambassadors, Permanent or Accredited Representatives, Members of Permanent Missions or Liaison Officers to ensure its accuracy before accepting it. If none of these exists, the Secretariat shall liaise directly with the Government concerned.