Belize: Merchant Ships (Registration) Act, 2010 NO. 22 OF 2010 Arrangement of Sections Preliminary

BELIZE:
MERCHANT SHIPS (REGISTRATION) ACT, 2010
NO. 22 OF 2010
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Establishment of International Merchant Marine Registry of Belize
4. Belizean ships
5. Registrar of Merchant Shipping
6. Deputy Registrars and Senior Deputy Registrar
PART II
REGISTRATION OF SHIPS
7. Application for registration of ships

8. Type of registration
9. Documents necessary for registration
10. Registration in special circumstances
11. Vessels under construction
12. Schedule of fees
13. International Merchant Marine Register of Belize
14. Port of Registry
15. Measurement and survey of ships
16. Change or rebuilt of ships after survey
17. Computation of fees in case of varying particulars
18. Use of certificate of registry
19. Unlawful use of certificate of registry
20. Loss of certificate of registry
21. Change of ownership of ship
22. Loss, etc., of a registered ship
23. Transfer of Belizean ship to foreign registry
24. Grant of temporary permit
25. Forms of Certificate of Registry
PART III
NAME AND FLAG OF SHIPS
26. Name of ships

27. Marking of ship after registration
28. Flag of Belize
29. Unlawful use of Belize Flag
PART IV
TRANSFERS AND TRANSMISSIONS
30. Transfer of ownership of a ship

31. Death, bankruptcy, etc. of registered owner
32. Sale of ship by order of Court
PART V
REGISTRATION OF PARTICULARS
33. Registration of titles and other documents

34. Registration of title of vessel necessary for permanent registration
35. Procedure for preliminary registration
36. Procedure for permanent registration
37. Fees for registration of documents relating to ships
38. Shipping agents
PART VI
MORTGAGES
39. Mortgage of a vessel

40. Instruments of mortgage
41. Registration of mortgage by Head Office
42. Priority of recorded mortgages
43. Prohibition to create further mortgage
44. Mortgage on a provisionally registered ship
45. Mortgage to remain registered after termination of provisional registration
of vessel
46. Mortgage over vessel under construction
47. Mortgage in favor of security trustee
48. Priority notices
49. Discharge of mortgage
50. Validity of mortgage after the termination of vessel’s registry
51. Mortgagee not owner of the ship
52. Mortgagee’s power to sell the vessel
53. Procedure to sell vessel
54. Mortgage not affected by bankruptcy
55. Transfer of registered mortgage
56. Vessels subject to mortgage in previous registry
57. Mortgagee’s consent for issue of new certificate of registry
58. Priority of undischarged mortgage of vessel’s previous registry
PART VII
MARITIME LIENS
59. Explanation of Maritime Liens

60. Maritime Liens extend to vessel’s appurtenances and accessories
61. Vessel as security for a debt
62. Sale of vessel subject to a maritime debt
63. Maritime liens
64. Execution of maritime liens
65. Maritime liens in respect of salvage
66. Priority between maritime liens in respect of salvage
67. Extinguishment of maritime liens
68. Calculation of time for maritime liens
69. Mortgagee’s liens to expire only upon discharge of mortgage
70. Computation of time for expiry of maritime liens
PART VIII
BAREBOAT CHARTER REGISTRATION
71. Dual registration

72. Payment during period of dual registration
73. Registration of vessels under a charter contract.
PART IX
LIMITATION OF LIABILITY FOR MARITIME CLAIMS
74. Interpretation of terms in this Part

75. Persons entitled to limit liability
76. Claims subject to limitation
77. Invoking limitation not an admission of liability
78. Claims excepted from limitation
79. Conduct barring limitation
80. Counter claims
81. Limitation calculations for smaller vessels
82. Calculation of limits of liability for larger vessels
83. Limit of liability of salvors
84. Limitation of calculation
85. Measurements of ship tonnage
86. Belize Port Authority Exempted
87. Limits of passengers’ claims
88. Conversions of units of account
89. Aggregation of claims
90. Constitution of limitations fund
91. Distribution of fund
92. Bar to other actions
93. Governing law
94. Apportionment of liability for damage or loss
95. Loss of life or personal injuries; joint and several liability
96. Right of contribution for loss of life or personal injuries
97. Time limits for proceedings against owner or ship
98. Scope of application of this Part
99. Exclusion of liability
PART X
REVOCATION OF REGISTRATION OF A VESSEL
100. Revocation of registration for illegal activities

101. Revocation of registration of a vessel for drug trafficking, etc.
102. Offence and penalty
PART XI
FORGERY AND FALSE DECLARATIONS
103. Penalty for forgery, etc.

104. Penalty for false statements, etc.
PART XII
FORMS
105. Prescribed forms

106. Instructions to Deputy Registrars
PART XIII
MISCELLANEOUS
107. Regulations
108. Application of International Conventions
109. Contracts to manage IMMARBE abroad
110. Powers of Inspector
111. Suspension of Certificate of Registry
112. Application of this Act
113. General Maritime Law of England to apply
114. Commencement and repeal
FIRST SCHEDULE
SECOND SCHEDULE
APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4
APPENDIX 5
__________ . __________
No. 22] Merchant Ships (Registration) 391
No. 22 of 2010
I assent,
(SIR COLVILLE N. YOUNG)

Governor-General
19th October, 2010.
AN ACT to make new and improved provisions for

the registration of merchant ships to meet the
demands of the present-day shipping industry; and
to provide for matters connected therewith or
incidental thereto.
(Gazetted 23rd October, 2010.)
BE IT ENACTED, by and with the advice and consent

of the House of Representatives and the Senate of
Belize and by the authority of the same, as follows:-
PART I
PRELIMINARY
1. This Act may be cited as the Short title.
MERCHANT SHIPS (REGISTRATION) ACT, 2010.

392 Merchant Ships (Registration) [No. 22
Interpretation. 2. (1) In this Act, unless the context otherwise

requires -
“Act” means this Act;
“approved” means approved by the Registrar;
“Belizean ship” means a ship for the time being registered

as a Belizean ship under the Act;
“certificate of registry”, in relation to a Belizean ship,

means the certificates granted under the Act in respect of that
ship and includes the Patent of Navigation (Provisional or
Appendix 2. Permanent) as defined in Appendix 2 hereof;
“Deputy Registrar” means a Deputy Registrar of Merchant

Shipping appointed under section 6 of the Act;
“designated office” means any office designated by the

Registrar for the operation of IMMARBE, whether within
or outside Belize;
“dollar” or “$” means a dollar in the currency of the United

States of America;
“foreign country” means any country or place other than

Belize and “foreign port” shall be construed accordingly;
“gross tonnage” is the gross tonnage stated in the certificate

of registry of a ship, or, where a ship is not registered, the
figure found in accordance with the rules for the time being
in force for the measurement of ships in respect of tonnage;
“Head Office” means the office designated by the Registrar

from time to time under section 3 of the Act to house the main
operations of IMMARBE;
“IMMARBE” means the International Merchant Marine

Registry of Belize established under section 3 of the Act;
“inspector” means a surveyor or a Nautical Inspector

appointed under the Act;
“legal age” means the age of 18 years or over;
“Manager” means the person who is appointed by contract

by the owner to have responsibility for the management of
the ship;
“master” includes every person (except a pilot) having

command or charge of a ship, seaplane or other craft when
it is on or in close proximity to the water;
“Merchant Marine notices” or “notes” are circulars issued

by the Registrar or the Senior Deputy Registrar of
IMMARBE to implement or give full effect to the provisions
of international conventions or instruments acceded to by
Belize;
“Minister” means the Minister to whom the responsibility

for IMMARBE is for the time being assigned by the
Governor-General under Section 41 of the Belize Cap. 4.
Constitution;
“owner” as applied to an unregistered vessel means the

actual owner, and as applied to a registered ship, means the
registered owner;
“ownership title” means a bill of sale over a ship in the name

of its owner or any other document attesting to such
ownership over a ship;
“permanent registration” or “permanent certificate of

registry” means that form and status of registration which
indicates that a vessel is registered in IMMARBE as a
Belizean ship in full compliance with the documentation or
requirements for registration under the Act;
“provisional registration” or “provisional certificate of

registry” means that form and status of registration which
has a duration of up to six (6) months under which a vessel
is regarded as registered in IMMARBE and authorized to fly
the Belize flag while it completes the full documentation for
registration as required under the Act;
“Recognized Organization” or “R.O.” means any technical

organization authorized by IMMARBE, pursuant to the
International Maritime Organization Resolution A739(18)
of 4 November, 1993, 1/8, to act on its behalf in the surveys,
certification and determination of tonnages and other
particulars of vessels registered under the flag of Belize, as
required by international conventions;
“Registrar” means the Registrar of Merchant Shipping

designated under section 5 of this Act;
“Register” means the International Merchant Marine

Register of Belize maintained under section 13 of this Act;
“Senior Deputy Registrar” means the Senior Deputy

Registrar of Merchant Shipping appointed under section 6
of this Act;
“ship” or a “vessel” means and includes every description

of vessel, boat or other craft used in navigation including but
not limited to, for the avoidance of doubt, oil rigs, submarines,
floating docks, vessels under construction, any hull made
from any floating material and intended for the maritime
trade and any structure capable of use in a marine environment
which the Registrar may consider appropriate for its
registration as a ship;
“shipping agent” means the person who acts as an

intermediary between the ship owner or his representative
and IMMARBE;
“shipowner” as applied to an unregistered ship, means the

actual owner, and as applied to a registered ship, means the
registered owner;
“surveyor” means a person appointed or authorized by the

Registrar to survey and measure ships.
“the Court” means the Supreme Court of Belize exercising

its admiralty jurisdiction;
“year”, in relation to the compulsory inspection of a ship,

means a period of twelve calendar months from the date of
the latest certificate of inspection, and in relation to all other
matters means the calendar year.
3. (1) There is hereby established an “International Establishment

of
Merchant Marine Registry of Belize” (hereinafter called International
“IMMARBE”) for the registration under the flag of Belize Merchant
of vessels of any type, class, size or weight engaged in any Marine
Registry of
kind of trade, service or international maritime activity, Belize.
including pleasure vessels.
(2) The Registrar shall designate the Head office of

IMMARBE in Belize to house the main operations of
IMMARBE.
4. (1) A ship which is not registered under the Act shall Belizean ship.
not be recognized for the purposes of the Act or any
regulations made thereunder as a Belizean ship or as being
entitled to the rights and privileges accorded to Belizean
ships.
(2) Notwithstanding sub-section (1) above, the

Minister may in special circumstances by Order grant the
status of Belizean ship to other vessels not registered under
the Act.
5. The Director General of the International Financial Registrar of

Merchant
Services Commission, for the time being, shall be the Registrar Shipping.
of Merchant Shipping for the purpose of the Act.
6. (1) The Registrar may appoint Deputy Registrars of Deputy

Registrars and
Merchant Shipping to facilitate the operations of IMMARBE Senior Deputy
both within and outside Belize. Registrar.
(2) The Registrar may appoint a Senior Deputy

Registrar of Merchant Shipping to assume responsibility for
the operations of the Head Office.
(3) The Senior Deputy Registrar shall have all the

powers of the Registrar, except those under this section.
(4) A Deputy Registrar shall have such powers as

may be assigned in the instrument of appointment or as may
from time to time be delegated to him by the Registrar or
the Senior Deputy Registrar.
(5) The day-to-day operations of IMMARBE shall

be conducted by the Registrar and the Senior Deputy
Registrar, who shall have authority to pass resolutions and
issue circulars, letters, notices or notes to facilitate the
implementation of the provisions of this Act or any
regulations made thereunder or any formalities and
requirements to be complied with by vessels or users of
IMMARBE on the basis of vessel type, and size, technical
conditions, service provided, country of origin, navigational
area and any imposition of administrative fees, licences or
penalties as may be authorized under this Act.
(6) The Registrar may authorize one or more

Recognized Organizations in compliance with international
conventions to facilitate the technical operation of
IMMARBE.
(7) All Deputy Registrars shall comply with and

assist in the implementation of the resolutions and circular
letters referred to in subsection (5) above and follow all
instructions and directives given to them by the Registrar
or the Senior Deputy Registrar.
PART II
REGISTRATION OF SHIPS
7. (1) Any person of legal age and capacity or the duly Application
for
authorized representative of such person, or a body corporate registration of
(whether established in Belize or elsewhere), may either ships.
directly or through a shipping agent apply to register a vessel
in IMMARBE by submitting an application in the prescribed
form as contained in Appendix I, of the Act, to any of the Appendix I.
offices of IMMARBE, whether within or outside Belize.
(2) Every such application, as is referred to in

subsection (1) shall be accompanied by the appropriate fee
as set out in the First Schedule of the Act and the documents First
Schedule.
as specified in section 9 of the Act.
8. (1) Every vessel accepted for registration in Type of

registration.
IMMARBE shall first be granted a provisional registration
by way of a certificate of registry for navigation purposes
which shall be valid for six months. Such document may
also be referred to as a Provisional Patent of Navigation.
(2) Every vessel accepted for registration in

IMMARBE shall first be granted a provisional radio license
which shall be valid for six months.
(3) Prior to the expiration of the provisional

registration, an applicant may obtain a permanent registration
upon compliance with the conditions set out in the Act.
(4) The applicant may, in lieu of permanent

registration, apply for quarterly extensions of the provisional
certificates of registry and/or the provisional radio license,
upon payment of the appropriate fee as set out in the First First
Schedule.
Schedule to the Act.
Documents 9. (1) Every application for provisional or permanent

necessary for
registration.
certificate of registry or radio license of a vessel in IMMARBE
shall be submitted to the Head Office or a Designated Office
in the prescribed form which shall be duly completed and
signed by the shipowner or his authorised representative
or the shipping agent of the vessel. Such application shall
be accompanied by a duly notarized power of attorney in
favour of the shipping agent and/or any other documents
as may be required by Head Office as provided by resolutions
and circular notes.
(2) Every application for a permanent certificate of

registry of a vessel in IMMARBE shall be preceded by the
permanent registration of the ownership title thereto at the
Head Office.
(3) Subject to subsection (2) above, every application

for provisional or permanent registration of a vessel in
IMMARBE shall be accompanied by the following
documents:
(a) a duly notarized bill of sale, or a duly notarized

builder’s certificate, if the vessel is a new
building;
(b) an original deletion certificate or a certified

copy of the extract of registry from the previous
flag administration;
(c) a duly notarized power of attorney in favour

of the shipping agent of the vessel;
(d) in the case of a vessel which is over twenty

years’ old, an inspection report prepared by
an authorised General Safety Inspection (GSI)
Surveyor stating that the vessel has passed an
inspection to determine seaworthiness;
(e) an original or a certified true copy of a tonnage

certificate issued by a survey company
authorised by IMMARBE; and
(f) such other documents as may be required by

Head Office.
10. (1) Where at the time of a vessel’s provisional Registration in

special
registration, the applicant is unable to deliver the documents circumstances.
specified in sub-section (3) of section 9 above, provisional
registration may be granted on the production of a duly
authenticated affidavit by the applicant undertaking to deliver
all such documents within a period not exceeding ninety
calendar days, and the applicant’s failure to comply with
this obligation may result in the cancellation of the vessel’s
registration.
(2) The Registrar may direct that, upon being shown

to his satisfaction that the owner has endeavoured to obtain
the documents referred to in this Act but that due to exceptional
and abnormal circumstances beyond his control, he has been
unable to do so, then the applicant’s failure to comply will
not result in the cancellation of the ship’s registration provided
that the foregoing direction may be subject to any further
direction as to the production of such other like document
as the Registrar may further direct.
(3) In order for the applicant to be issued permanent

registration, he shall have his ownership title permanently
registered and such registration must be done by the applicant
or the corresponding Deputy Registrar at the Head Office.
(4) In order for the applicant to be issued the

permanent radio license, he shall present the appropriate
application before the corresponding Deputy Registrar in
the Designated Offices or to the Head Office.
11. (1) All vessels under construction may be registered Vessels under
construction.
in IMMARBE in the same manner as provided in Section
7. A vessel under construction shall be granted a provisional

registration by means of a provisional certificate of registry,
call letters and such data as shall be necessary for the
identification and processing of its documents. If and when
the permanent registration of such a vessel is to be made,
a Tonnage Certificate must be presented, as well as the
pertinent documentation for a Permanent Certificate of
Registry, as set out in Section 9. For the purpose of this
subsection and Section 34, the certificate issued by the
shipyard, as provided in subsection (3) below, shall be
considered as the ownership title to the vessel under
construction.
(2) In case of registration of vessels under

construction, other taxes and charges besides registration
fees, will be paid from the time that vessel is launched.
(3) A vessel shall be regarded as under construction

for the purpose of this section once its keel has been laid
or earlier, so long as a certificate from the shipyard where
the vessel is being built shall attest to the following:
(a) the name of the person for whom the vessel is

being built;
(b) the hull, IMO and Registration number of the

vessel;
(c) the dimensions, tonnage and type of vessel;
(d) the place, name and domicile of the shipbuilder;

and
(e) the undertaking by the builder to transfer

ownership of the vessel under construction to
the applicant and by the applicant to accept
the transfer of the vessel.
(4) The grant of provisional registration and data,

as provided in subsection (1) above, shall entitle the owner
to use the said data in the documentation to be prepared
for the vessel during its construction, and in connection with
any relevant financing or for any other technical or
commercial purpose concerning the vessel.
(5) The shipowner of a vessel under construction

whose vessel has been granted provisional registration at
IMMARBE shall be required to:
(a) complete the permanent registration of the

vessel at IMMARBE as soon as possible; and
(b) notify IMMARBE of any changes in the

vessel’s particulars submitted at the time of
provisional registration.
12. (1) There shall be paid to IMMARBE the several Schedule of

Fees.
fees set out in the First Schedule to the Act for the registration
First
of vessels and thereafter at annual intervals for the continued Schedule.
maintenance of such vessels as Belizean vessels.
(2) Applicants for registration of yachts, pleasure

crafts or house boats shall only be required to pay an initial
registration fee, an annual tax and any other fee as may be
prescribed in the Regulations issued from time to time. In
addition, such Regulations may establish technical standards
of construction, equipment, crewing and maintenance
pertaining to the safety of such crafts and prevention of
pollution. Such crafts shall be exempt from the payment
of annual service tax and the annual inspection tax specified
in the First Schedule to the Act. First
Schedule.
(3) The Minister may from time to time by Order

published in the Gazette, amend the First Schedule to the First
Schedule.
Act
International 13. (1) There shall be maintained at the Head Office of

Merchant
Marine IMMARBE a register to be known as the “International
Register of Merchant Marine Register of Belize,” containing information
Belize.
concerning all vessels registered in IMMARBE, namely:
(a) name of the ship;
(b) official number and call letters of the ship;
(c) name and address of owners;
(d) operational address of the managers of the

vessel (if different from the address of the
owners);
(e) name of the manager;
(f) type of vessel;
(g) gross and net tonnage;
(h) name of Shipping Agent;
(i) date of entry into the register;
and such other particulars as the Registrar may specify from

time to time.
(2) All Deputy Registrars operating in designated

offices shall maintain for those Belizean ships registered
through their designated office a record comprising the
information required for the vessels registered in IMMARBE
as stated in subsection (1) above, and such other particulars
as the Registrar may specify from time to time.
(3) For the purposes of the Act, entries in the Register

(whether by the Registrar or by any Deputy Registrar) shall
be in accordance with the following provisions:-
(a) any person of legal age and capacity or the

duly authorized representative of such person
may be registered as the owner of a ship;
(b) a body corporate, whether established in

Belize or elsewhere, may be registered by its
corporate name as the owner of a ship;
(c) any number of persons or bodies corporate or

any combination thereof may be registered as
joint owners of a ship.
(4) On the completion of the registration of a vessel

and upon payment of the prescribed fees, the Registrar, the
Senior Deputy Registrar or the Deputy Registrar, as the case
may be, shall issue a certificate of registry (provisional or
permanent) in the form contained in Appendix 2 showing Appendix 2.
the particulars respecting that vessel entered in the Register.
(5) Where registration is effected by a Deputy

Registrar, he shall forthwith transmit a copy of the certificate
of registration and of all official receipts to the Head Office.
(6) Before a certificate of registry is issued by the

Designated Offices, the written confirmation from the Head
Office (by email, facsimile or other means of communication)
that the name of the vessel(s) is available must first be
obtained.
14. The Port of Registry of every Belizean ship shall Port of

Registry.
be Belize City.
15. (1) Every ship, after being provisionally registered, Measurement

and survey of
shall be surveyed by a surveyor appointed in accordance ships.
with the Act, and its tonnage ascertained, and the surveyor
shall grant a certificate specifying the ship’s tonnage, and
such other particulars descriptive of the identity and marking
of the ship as may for the time being be required by the
Registrar or Senior Deputy Registrar, and such certificate

shall be delivered to the Head Office.
(2) Where a ship which is not registered as a Belizean

ship has been measured and registered as a foreign ship,
the requirements of subsection (1) above may be fulfilled
by delivery of a photocopy of the ship’s existing tonnage
certificate to the appointed surveyor.
(3) Where a ship which is not registered as a Belizean

ship has been measured without having been so registered,
the appointed surveyor may, for the purposes of subsection
(1) above, accept and use any suitable figures of measurement
contained in the latest register relating to that ship, or, in
the case of an unregistered ship, in the latest certificate of
measurement relating to that ship.
Change or 16. The owner or manager of a Belizean ship shall advise

rebuilt of ships
after survey.
the Registrar of any alteration, change or reconstruction of
the ship which could affect its classification, measurement,
tonnage or load line, within thirty days from the completion
of the alteration, change or modification, setting forth the
details thereof.
Computation 17. Where, in the surveyor’s certificate or the tonnage

of fees in case certificate of a ship, more than one net registered tonnage
of varying
particulars. is specified, the registration fees and the annual taxes shall
be calculated by reference to the highest of those tonnages.
Use of 18. The certificate of registry shall be used only for the
certificate of
registry. lawful navigation of the ship, and shall not be subject to
detention by reason of any title, lien, charge, or interest
whatsoever.
Unlawful use 19. If the master or owner or manager of a ship uses

of certificate
of registry.
or attempts to use for its navigation a certificate of registry
not legally granted in respect to that ship, he shall be guilty
of an offence and shall be liable to the penalties prescribed
in section 102 of the Act.
20. Where a certificate of registry of a ship is mislaid, Loss of

certificate of
lost or destroyed, the Registrar or any Deputy Registrar may registry.
grant a new certificate of registry on payment of the prescribed
fee.
21. (1) Whenever a change occurs in the ownership of Change of

ownership of
a ship, the Registrar shall be notified accordingly and a new ship.
certificate of registry shall be applied for by the new owner.
(2) The new owner or owners, operators or the

master shall, for the purpose of obtaining a new certificate,
deliver the certificate of registry to any Deputy Registrar
as soon as practicable after the change occurs.
22. In the event of a registered ship being either actually Loss, etc., of a
registered
or constructively lost, taken by the enemy, burnt or broken ship.
up, or ceasing to be a Belizean ship, the owner of the ship
shall, immediately on becoming aware of the event, give
notice thereof to the Registrar, and the Registrar shall make
an entry thereof in the Register, and the registration of the
ship shall be considered as closed, except insofar as it relates
to any unsatisfied mortgages entered therein.
23. (1) The owner of a Belizean ship who wishes to Transfer of

Belizean ship
transfer the ship to a foreign registry may do so if there are to foreign
no claims outstanding in favour of the Government of Belize registry.
and shall submit to the Registrar:
(a) a written application specifying the name of

the ship;
(b) the reason for the proposed transfer;
(c) the name and nationality of the proposed new

owner, if any;
(d) the name of the country to whose registry the

proposed transfer is desired; and
(e) the cancellation or written consent of every

registered mortgage or mortgagee.
(2) Having satisfied the Registrar by the provision

of the above documents, the owner shall, if he requests,
be issued with a “permission to transfer” certificate to assist
with the transfer of the vessel to its new registry, and after
the transfer of the vessel has been effected, the Registrar
shall issue a deletion certificate on payment of the appropriate
fees whereupon the Belize registry of the vessel will be
considered as closed.
Grant of 24. Where it appears to the Registrar that by reason of

temporary
permit.
any special circumstances it would be desirable that
permission be granted to a ship to pass, without being
previously registered, from a port in Belize to a port outside
Belize, the Registrar may grant a temporary permit to such
a ship, and that permit, for the time being, and within the
limits therein mentioned, shall have the same effect as a
certificate of registry.
Forms of 25. Unless otherwise ordered by the Registrar, the

Certificate of
Registry.
prescribed forms of certificate of registry (provisional and
Appendix 2.
permanent) shall be as set out in Appendix 2 hereto.
PART III
NAME AND FLAG OF SHIPS
Name of ships. 26. (1) The Registrar shall refuse the registration of a
ship by the name by which it is proposed to be registered,
if it is already the name of a registered ship or a name which
is so similar to the name of a registered ship as to be likely
to deceive or mislead.
(2) No change shall be made in the name of a

Belizean ship without the prior written permission of the
Registrar, and such permission shall not be granted unless
the Registrar is satisfied that all registered mortgagees have
given their consent to the proposed change of name.
(3) Application for such permission shall be in

writing, and if the Registrar is satisfied that the application
is reasonable, he may grant it and thereupon the ship’s name
shall forthwith be altered in the Register, in the ship’s
certificate of registry, and on its bows and stern.
(4) Where it is shown to the satisfaction of the

Registrar that the name of a ship has been changed without
permission, he shall direct that its name be altered to that
which the ship bore before the change.
(5) If any person acts or permits any person under

his control to act in contravention of this section, or omits
to do, or permits any person under his control to omit to
do, anything required by this section, the Registrar may
impose a fine not exceeding one thousand dollars and in
addition, the Registrar may suspend the certificate of registry
of the ship until this provision has been complied with.
27. (1) Every ship, after being registered, shall be marked Marking of
ships after
permanently and conspicuously to the satisfaction of the registration.
Registrar as follows:
(a) its name shall be marked on each of its bows,

and its name and its port of registry shall be
marked on its stern, on a dark ground in white
or yellow letters, or on a light ground in black
letters;
(b) if the Registrar is of the opinion that a ship is

insufficiently or inaccurately marked, he may
suspend the certificate of registry of the ship
until the insufficiency or inaccuracy has been
remedied to his satisfaction.
28. (1) The national colour of a Belizean ship shall be Flags of

the national flag of Belize and such ship shall wear no other Belize.
flag.
(2) Belizean ships shall hoist the national colours at

all times.
Unlawful use 29. (1) If any person uses or permits any person to use
of Belize Flag. any flag of Belize on board a foreign ship wherever located
for the purpose of making that ship appear to be a Belizean
ship he shall be guilty of an offence and shall be liable on
summary conviction to the penalties prescribed in Section
102 of the Act.
(2) In any proceedings under this section, the burden

of proving the right to use the flag and assume the character
of a Belizean ship shall be upon the person using and
assuming the same.
PART IV
TRANSFERS AND TRANSMISSIONS
Transfer of 30. (1) Save as otherwise provided in Section 11 for

ownership of a vessels under construction, the ownership of a registered
ship.
vessel shall be transferred by the handing over of a bill of
sale followed by the physical delivery of the vessel to the
purchaser.
(2) For the purpose of sub section (1) above, a bill

of sale shall contain the IMO number of the ship and such
description of the ship as is contained in a surveyor’s
certificate issued by a duly authorized surveyor or some
other description sufficient to identify the ship to the
satisfaction of the Registrar.
(3) The execution by the seller and the purchaser

of a protocol of delivery and acceptance shall be deemed
sufficient evidence that the vessel has been physically
delivered to the purchaser.
(4) The signatures on the bill of sale and protocol

of delivery and acceptance shall be authenticated by a notary
public or a Deputy Registrar of IMMARBE in the place

where such documents are issued before they can be registered
at the Head Office.
(5) In addition to the document referred to in

subsection (3) above, the Registrar may accept any evidence
he considers appropriate as evidence of delivery for the
purpose of subsection (1).
31. (1) Where the property in a registered ship is Death,

bankruptcy,
transmitted to another person on the death or bankruptcy etc., of
of a registered owner, or by any lawful means other than registered
owner.
by a voluntary transfer-
(a) that person shall authenticate the transmission

by making and signing a declaration (in this
section called a declaration of transmission)
identifying the ship and a statement of the
manner in which, and the person to whom,
the property has been transmitted;
(b) if the transmission is consequent on

bankruptcy, the declaration of transmission
shall be accompanied by such evidence as is
for the time being receivable in a court as
proof of the title of persons claiming under a
bankruptcy;
(c) if the transmission is consequent on death, the

declaration of transmission shall be
accompanied by the instrument of
representation or an official extract therefrom.
(2) The Registrar shall, on receipt of the declaration

of transmission and the accompanying documents, enter in
the Register the name of the person entitled under the
transmission to be registered as owner of the ship, the
property which has been transmitted, and where there is
more than one such person, the names of all such persons.
Sale of ship by 32. Where a court of competent jurisdiction orders the

order of
Court.
sale of any ship, the order of the Court shall contain a
declaration of vesting in some person named by the Court
the right to transfer that ship, and that person shall thereupon
be entitled to transfer the ship in the same manner and to
the same extent as if he were the registered owner thereof,
and the Registrar shall give effect to the request of the person
so named in respect of any such transfer and/or to the request
of any person deriving title to the vessel under a bill of sale
executed by the person so named, to the same extent as if
such named person or transferee were the registered owner,
as the case may be.
PART V
REGISTRATION OF PARTICULARS
Registration of 33. (1) The registration of ownership titles, mortgages,

titles and
other
assignments and other documents relating to vessels which
documents. are governed by this Act shall be of the following kinds:-
(a) preliminary registration; and
(b) permanent registration.
(2) The preliminary registration of such documents

shall be valid for six calendar months and shall have the
same legal effect as permanent registration, provided that
permanent registration is effected within the six months’
validity period of preliminary registration failing which the
preliminary registration shall lapse.
Registration of 34. The registration of the ownership title at the Head

title of vessel
necessary for
Office shall be necessary to complete the vessel’s permanent
permanent registration and to register a mortgage thereon.
registration.
Procedure for 35. (1) The preliminary registration of documents relating

preliminary to vessels referred to in Section 33 above shall be effected
registration.
at the Head Office through IMMARBE’s Deputy Registrars
and their designated offices on the basis of the applications

submitted to them for that purpose.
(2) The applications for preliminary registration shall

be in the prescribed form and shall contain all the requisite
information stated in section 13(1) and/or section 15(1), as
appropriate.
(3) Where any such application is received and

processed at one of IMMARBE’s designated offices abroad,
it shall be promptly transmitted to the Head Office by e-
mail, facsimile or courier service.
(4) With every application for preliminary registration

of documents referred to in Section 33 above, the applicant
shall deliver, in duplicate and duly authenticated in like
manner as provided in section 30 (4) of this Act, the
documents required to be so registered.
(5) Upon verification that the application complies

with all the necessary requirements, and upon payment of
the prescribed fees, the Head Office shall effect the
preliminary registration of such documents, and shall issue
or authorise the corresponding designated office to issue
the certificate of preliminary registration.
(6) After the completion of the preliminary

registration, one set of documents delivered by the applicant
under subsection (4) above shall be filed at the designated
office through which the preliminary registration was effected,
and the other set shall be returned to the applicant with a
special seal affixed thereto confirming that preliminary
registration was effected by the said documents.
36. (1) The permanent registration of ownership titles, Procedure for

mortgages, assignments of mortgages, discharge of permanent
registration.
mortgages, supplements or addenda thereto, or any other
documents relating to vessels which are subject to this Act
shall be effected at the Head Office, provided that such

documents are in the prescribed form and comply with all
the requirements of this Act or any regulations made
thereunder.
(2) If the documents presented for permanent

registration have been preliminarily registered at IMMARBE
in accordance with section 35 of this Act, the applicant shall
resubmit the same set of documents returned to him pursuant
to subsection (6) of that section.
(3) Where a document for permanent registration is

in a language other than the English language, it shall be
translated into the English language, by a competent and
qualified translator.
(4) The documents will then be officially filed at the

Head Office and shall be permanently registered in the
corresponding record book, provided that they are in the
prescribed form and comply with all the requirements of
this Act or any regulations made thereunder.
(5) After permanent registration has been completed,

one registered certified true copy of the filed documents,
duly sealed, together with a certificate of permanent
registration containing the official date and time of permanent
registration, shall be delivered to the applicant, and the
original documents used for permanent registration shall be
kept on the vessel’s file at the Head Office.
Fees for 37. (1) There shall be paid to IMMARBE the several
registration of
documents
fees set out in the Second Schedule to this Act for the
relating to preliminary and permanent registration of every document
ships.
pursuant to sections 35 and 36 above.
Second
Schedule.
(2) The Minister may from time to time by Order
Second published in the Gazette amend the Second Schedule.
Schedule.
38. (1) Every vessel registered in IMMARBE shall have Shipping

agents.
at all times a shipping agent in Belize appointed by the
shipowner.
(2) Only:-
(i) an attorney-at-law who holds a current

practising certificate issued in
CAP. 320 accordance with section 11 of the Legal
Profession Act;
(ii) an accountant who possesses a current

practising certificate in accordance with
CAP. 305 section 9 of the Accountancy Profession
Act;
(iii) a company registered under the

CAP. 250 Companies Act which is a licensed
bank or a financial institution within the
CAP. 263 meaning of the Banks and Financial
Institutions Act; or
(iv) a person designated for the purpose by

the Minister,
may act as a shipping agent.
(3) The Minister shall, after consultation with such

persons and interest groups as he may consider appropriate,
prescribe qualifications for persons who may be designated
as shipping agents under paragraph (iv) of subsection (2)
above.
(4) Notwithstanding the provisions of subsection (2)

above, the Minister may, after consultation with such persons
and interest groups as he may consider appropriate, disqualify
any person or company from acting or continuing to act
as a shipping agent if he is satisfied that such person or
company is engaged in undesirable or unscrupulous activities

or is otherwise not a fit and proper person or company to
act as a shipping agent.
(5) Every formal application submitted to

IMMARBE shall be signed by the shipping agent of the
vessel as well as by the owner or his duly authorised
representative.
(6) Persons who were shipping agents prior to 20th

May, 1996, may continue to be shipping agents after that
date notwithstanding that they do not possess the
qualifications of shipping agents specified in this section
and a vessel registered in IMMARBE may continue to
employ such shipping agents.
PART VI
MORTGAGES
Mortgage of a 39. (1) The owner of a registered vessel in respect of

vessel. which the ownership title has been registered, either
preliminary or permanent, may mortgage it as security for
a loan or other valuable consideration whether or not related
to the vessel, or to meet any lawful obligation, present or
future.
(2) It shall be lawful for a mortgage to be executed

and registered in favour of a security trustee appointed or
acting under a trust for the benefit of persons to whom a
debt or other obligation is due. Such security trustee shall,
in any such case, be recognized as the mortgagee of the
particular mortgage and shall be entitled to exercise all the
rights in relation to that mortgage as are accorded to
mortgagees by this Act.
(3) A registered mortgage shall attach to the vessel

in respect of which it is registered until it is discharged:
Provided that:
(a) where a vessel has been sold pursuant to an

order made by or under the supervision of a
competent court within the jurisdiction in
which the vessel is lying at the time of sale, the
interest of the holder of a registered mortgage
in the ship shall pass on to the proceeds of the
sale of the vessel and the extent of the interest
of the holder of the registered mortgage in
such proceeds of sale as well as the ranking of
its interest in order of priority with respect to
such proceeds relative to that of other creditors
shall be a matter for the determination of such
competent court in accordance with the laws
of Belize; and
(b) where a vessel has been sold by a mortgagee

pursuant to his rights under section 53 (2)
below and it is stated in the bill of sale that the
ship is being sold free from such encumbrances,
then the rights arising from such registered
mortgage shall no longer be exercisable in
relation to that vessel.
(4) A mortgage registered under this Act may be

drawn up to secure the payment of a principal sum and
interest, an account current, as well as the performance of
any other lawful obligation.
(5) For the purposes of this Part, the term “account

current” means any indebtedness of a mortgagor in favour
of a mortgagee arising and determinable in accordance with
the loan agreement, guarantee, deed of covenant or other
form of contract which gives rise to the relevant underlying
obligations and to which reference is made in the relevant
mortgage.
Amendment. (6) Where a registered mortgage is amended, the

Deputy Registrar at the Head Office shall, on the production
of the instrument of mortgage executed in accordance with
the provisions of section 40 of this Act containing the
amendment, together with the written consent on the said
instrument of the mortgagee whose mortgage has been
amended, make a note thereof in the Register to the effect
that the mortgage has been amended. Any such amendment
shall, with effect from the time and date of such note, form
an integral part of the registered mortgage which it amends
and such mortgage, as amended, shall continue to have the
same priority as it had before the amendment was noted.
(7) Subject to the provisions of this section, an

amendment of a mortgage may be effected for any lawful
purpose, such as, but without limitation...
(i) to increase the amount secured by such

mortgage; and
(ii) to extend such mortgage to secure any other

obligation of the mortgagor, whether as
principal or as surety for any other person, in
favour of the mortgagee.
(8) An amendment of a mortgage may not be effected

after the obligations secured by the registered mortgage have
been satisfied.
(9) Where any mortgages other than the mortgage

that it is intended to amend are entered in the register of
the ship, an amendment shall not be noted unless the consent
in writing of all the other mortgagees is produced to the
Registrar.
(10) The consent to an amendment to a mortgage

shall be signified by means of a declaration executed by
the mortgagee in accordance with the provisions of section
40 of this Act.
40. (1) The instrument creating any such security Instruments of

mortgage.
(referred to in this Part as a “mortgage”) shall be in the form
prescribed in Appendix 3 hereof or in such other form as Appendix 3.
the Senior Deputy Registrar at the Head Office may approve.
The signature(s) on the mortgage shall be authenticated in
like manner as prescribed in section 30(4) of the Act.
(2) Mortgages executed in the manner prescribed by Act 32/1989.

the Registration of Merchant Ships Act, 1989, as amended, 5/1996.
and the Registration of Merchant Ships (Registration and
Miscellaneous Provisions) Regulations, 1991 prior to the S. I. 111 of
1991.
enactment of this Act shall remain valid until they are
discharged. Notwithstanding the above, the new provisions
of this Act shall apply to all such previously executed
mortgages.
41. Where a mortgage executed by the owner or his Registration

authorized representative in accordance with section 40 is of mortgage
by Head
produced to the Deputy Registrar at the Head Office, he Office.
shall record it in the register at the Head Office thereby
creating a right in rem against the vessel.
42. Mortgages shall be registered in the order in which Priority of

recorded
they are produced to the Deputy Registrar at the Head Office mortgages.
for the purpose of registration in the Register and he shall
enter and sign on each mortgage a statement to the effect
that it has been registered by him, stating the date and time
of the registration. Mortgages shall rank in the order in
which they are registered save always that two or more
mortgagees may agree to vary such priority and any agreement
for such purpose may be presented for noting by the Registrar
and will have legal effect from the date of having been noted
in the register of the ship.
43. (1) Where it is stated in the mortgage or in the Deed Prohibition to

create further
of Covenant or loan agreement or guarantee or other mortgage.
document appended thereto that it is prohibited to create
further mortgages over a vessel without the prior written
consent of the mortgagee, any other mortgage registered in

violation of this provision shall be null and void.
(2) IMMARBE shall not record a transfer of

ownership of the vessel or any change of name of the vessel
or terminate the ship’s registration at the request of the
owner, as the case may be, unless the appropriate consent
in writing of the mortgagee is produced, failing which any
recording in the Register of a transfer of ownership or a
termination of the ship’s registration at the request of the
owner shall be null and void.
(3) IMMARBE shall not approve any application by

the registered owner for the registration of a Belize registered
vessel in another Registry under a bareboat charter without
the prior consent in writing of each mortgagee. Mortgages
on a Belize registered ship which are also registered in
another Registry under a bareboat charter may only be
recorded at the Head Office.
Mortgage on 44. A mortgage may be registered at the Head Office

a provisionally in respect of a provisionally registered vessel, and where
registered
ship. a mortgage is so registered, it shall be subject to all relevant
provisions relating to mortgages under this Act and the
registration regulations.
Mortgage to 45. Subject to section 50 (2) of this Act, a mortgage

remain
registered
registered pursuant to section 44 shall continue to be a
after registered mortgage until it is discharged, even if the
termination of
provisional
provisional registration of the vessel in respect of which the
registration of mortgage was registered, ceases to be effective.
vessel.
Mortgage over 46. For the purpose of section 39 (1) of this Act, “vessel”
vessel under
construction.
includes a vessel under construction and the provisions of
this Part shall apply to such a vessel.
47. It shall be lawful for a mortgage to be executed and Mortgage in

favour of
registered in favour of a security trustee appointed or acting security
under a trust for the benefit of persons to whom a debt or trustee.
other obligation is due. Such security trustee shall, in any
such case, be recognized as the mortgagee for enforcement
and for all other purposes of the particular mortgage and
shall be entitled to exercise all the rights in relation to that
mortgage as are accorded to mortgagees by this Act.
48. (1) Notwithstanding the provisions of section 43 Priority

notices.
above, priority notices may be given to the Head Office
by the intending mortgagees with the written consent of each
prior ranking mortgagee in a form approved by IMMARBE,
and such priority notice shall, when recorded in the Register,
determine the priority of the interest to which the notice
relates.
(2) Registration regulations may provide for the

giving to Head Office by intending mortgagees of priority
notices in a form prescribed by or approved under the
regulations which, when recorded in the Register, determine
the priority of the interest to which the notice relates.
49. Where a registered mortgage is discharged, the Discharge of

mortgage.
Deputy Registrar at the Head Office shall, on the production
of the instrument of Discharge of Mortgage in the form
prescribed in Appendix 4 hereof, duly signed and attested, Appendix 4.
make an entry in the Register to the effect that the mortgage
has been discharged, and upon such entry having been
made, the interest which passed to the mortgagee shall vest
in the person in whom, having regard to intervening acts
and circumstances, if any, it would have vested if the
mortgage had not been made.
50. (1) Where the registration of a vessel terminates by Validity of

virtue of any provision of this Act or any regulations made mortgage after
the
thereunder, such termination shall not affect any entry in termination of
the Register of any undischarged registered mortgage of that vessel’s
registry.
vessel or any share therein. Notwithstanding the above,

IMMARBE shall give 60 days’ prior notice in writing to
the registered mortgagee(s) of a vessel in the event that it
decides to cancel the registration of a vessel, whether
provisional or permanent, in the exercise of the powers
conferred upon it by Regulation 8 of the Registration of
S.I. 56/99. Merchant Ships (Disciplinary) Regulations, 1999 or
otherwise. In such circumstances, the registration of a
vessel, whether provisional or permanent, shall be suspended
until such time as the mortgage is discharged or the expiration
of the 60 days’ notice, whichever is the earlier, at which
time the registration will be cancelled, so however that such
cancellation shall not affect any entry in the Register of any
undischarged registered mortgage over that ship.
(2) Subsection (1) shall not apply to an entry in the

Register in a case where the Deputy Registrar at IMMARBE’s
Head Office is satisfied that any person appearing on the
Register to be interested as a mortgagee under the mortgage
in question has consented to the entry ceasing to have effect
or whose existence as a legal entity has ceased by operation
of law or otherwise.
(3) In the case referred to in subsection (1) above,

the mortgagee shall have absolute power to dispose of the
vessel in respect of which he is registered as mortgagee in
the register, notwithstanding that the mortgagor has fully
complied with any other requirements of the mortgage
instrument.
Mortgagee not 51. The mortgagee shall not by reason of the mortgage
owner of the be deemed to be the owner of the ship.
ship.
Mortgagee’s 52. (1) Subject to subsection (1) of section 53 below,

power to sell every registered mortgagee shall have power, if an event
the vessel.
of default occurs under the mortgage or the deed of covenant
or other contractual document appended thereto, to sell the
vessel or share in respect of which he is registered, by private
sale, or to arrest the vessel and request a competent court

to dispose of it at a public auction and to give effectual
receipts for the purchase money.
(2) Where two or more mortgagees are registered in

respect of the same vessel or share, a subsequent mortgagee
shall not, except under an order of a court of competent
jurisdiction, sell the vessel or share without the concurrence
of every prior mortgagee. In the event of default, the
mortgagee may take possession of the vessel either directly
or through the appointment of a third party or entity, subject
to having given to the mortgagor such notice (if any) as
the mortgage or deed of covenant or relevant contractual
document requires.
53. (1) Notwithstanding the admiralty jurisdiction of the Procedure to

Supreme Court under the Supreme Court of Judicature Act, sell vessel.
CAP. 91.
a registered mortgage may be enforced in Belize by a suit/
action in rem in the Supreme Court, sitting in admiralty
jurisdiction, upon default of any term or condition of such
mortgage.
(2) A registered mortgage may also be enforced by

a suit/action in rem in Admiralty or otherwise in any foreign
country in which the vessel shall be found, pursuant to the
procedure of such country for the enforcement of ship
mortgages on vessels prescribed under the laws of such
country, provided that the priorities of maritime liens will
always be subject to Belize law, to the extent that the
competent court in such country permits.
(3) Where the Court, whether under the Act or

otherwise, orders the sale of any vessel, the order of the
Court shall contain a declaration vesting in some person
named by the Court the right to transfer that vessel, and
that person shall thereupon be entitled to transfer the vessel
in the same manner and to the same extent as if he were
the registered owner thereof, and the Registrar shall deal
with any application relating to the transfer of the vessel

made by the person so named or by any person deriving
title to the vessel under a bill of sale executed by the person
so named as if that person or transferee were the registered
owner.
Mortgage not 54. In the absence of fraud, a registered mortgage of a

affected by
bankruptcy.
vessel shall not be affected by any act of bankruptcy
committed by the mortgagor after the date of the registration
of the mortgage, notwithstanding that the mortgagor at the
commencement of his bankruptcy had the ship in his
possession, order, or disposition, or was reputed owner
thereof, and the mortgage shall be preferred to any right,
claim, or interest therein of the other creditors of the bankrupt
or any trustee or assignee on their behalf.
Transfer of 55. (1) A registered mortgage over a vessel may be

registered transferred to any person and, on production of the instrument
mortgage.
Appendix 5. of Transfer of Mortgage in the form prescribed in Appendix
5 hereof, the Deputy Registrar at IMMARBE’s Head Office
shall record it by entering in the register the name of the
transferee as mortgagee of the vessel, and shall enter and
sign on the instrument of transfer a statement to the effect
that it has been registered by him, stating the date and time
of the registration.
(2) Where the mortgage interest in a ship is

transmitted to any person by any lawful means, other than
by a transfer under subsection (1), that person shall produce
to the Deputy Registrar at IMMARBE’s Head Office a
statement of the manner in which and to whom the property
has been transmitted, and shall be accompanied by the like
evidence as is by this Act required in case of a corresponding
transmission of the ownership of a vessel.
(3) The Deputy Registrar at IMMARBE’s Head

Office, on the receipt of the documents, and the production
of the evidence referred to in subsection (2), shall enter the
name of the person entitled under the transmission in the

register as mortgagee of the ship.
56. Not later than the time of first registration at Vessels subject
to mortgage in
IMMARBE, whether provisional or permanent, the owners previous
of vessels which are subject to registered mortgages in their registry.
previous foreign registry shall deliver evidence in the form
of each mortgagee’s written consent to the transfer of the
vessel from the previous Registry to IMMARBE and for
the registration of such mortgages at IMMARBE. Every
such document of consent shall be attested by a notary
public. On the production of the prescribed instruments of
Mortgage of a Vessel and the Deeds of Covenant or other
contractual documents appended thereto, if available, those
mortgages on being registered at IMMARBE, shall be
recorded in the same order of precedence as was indicated
in the previous foreign registry irrespective of whether or
not they have been cancelled in the previous registry.
57. Each mortgagee’s written consent, duly notarized, Mortgagee’s

consent for
shall also be required for the issue of a new certificate of issue of new
registry due to the transfer of ownership, or the change of certificate of
registry.
name of the vessel or the owner, as well as for the vessel’s
deregistration or bareboat charter registration as provided
under Part VIII of this Act.
58. In the case of foreclosure, the holder of a mortgages Priority of

undischarged
registered in Belize will be subordinate to the mortgage lien mortgage of
and priority status of any undischarged mortgage in the vessel’s
previous
previous registry if such mortgage has been registered in registry.
Belize according to the procedure prescribed in section 56.
PART VII
MARITIME LIENS
59. Vessels constitute a particular class of moveables Explanation of

Maritime
which form separate and distinct assets within the estate of Liens.
their owners for the security of actions and claims to which

they are subject. In the event of the bankruptcy of the owner
of a vessel, all actions and claims to which a vessel may
be subject shall have preference on the said vessel over all
other debts of the estate.
Maritime 60. A vessel shall include, together with the hull, all
Liens extend
to vessel’s
equipment, machinery and other appurtenances or accessories
appurtenances belonging to it, which are on board or which have been
and
accessories.
temporarily removed therefrom.
Vessel as 61. A vessel shall constitute a security for a debt or other

security for a obligation either by agreement or by operation of law.
debt.
Sale of vessel 62. A vessel subject to a maritime debt callable on it

subject to a may be arrested and be judicially sold at the port where
maritime debt.
it is lying, at the instance of a legitimate creditor. The Master
may represent the owner in the respective legal proceedings.
Maritime 63. Each of the following claims against the owner,

liens.
bareboat charterer, manager or operator of the vessel shall
be secured by a maritime lien on the vessel, and shall rank
in the order listed below:
(a) judicial costs and expenses arising out of the

arrest and subsequent sale of the vessel, and
such costs and expenses will include, inter
alia, the costs for the upkeep of the vessel and
the crew as well as wages and other sums and
costs referred to herein, incurred from the
time of arrest as well as any sums due to
IMMARBE such as, but not limited to, unpaid
taxes and fees;
(b) claims for reward for salvage of a vessel;
(c) claims for wages and other sums due to the

Master, officers and other members of the
vessel’s complement in respect of their

employment on the vessel, including costs of
repatriation and social insurance contributions
payable on their behalf;
(d) the registered ship mortgage;
(e) claims in respect of loss of life or personal

injury occurring, whether on land or on water,
directly connected with the operation of the
vessel;
(f) claims for port, canal and other waterway

dues and pilotage dues;
(g) claims based on tort arising out of the physical

loss or damage caused by the operation of the
vessel other than loss of or damage to cargo,
containers and passengers’ effects carried on
the vessel;
(h) claims for general average;
(i) the sums due under obligations incurred for

the supply, maintenance, repair and operation
of the vessel;
(j) sums due under the terms of any charter or

cargo contracts;
(k) the unpaid price of the last purchase of the

vessel and any interest owed thereon during
the last 24 months.
64. No maritime lien shall attach to a vessel to secure Execution of

maritime
claims set out in section 63 (b) and section 63 (f) which liens.
arise out of or result from:
(i) damage in connection with the carriage of oil

or other hazardous or noxious substances by
sea for which compensation is payable to the
claimants pursuant to international
conventions or national law providing for
strict liability and compulsory insurance or
other means of securing the claims; or
(ii) radioactive properties or a combination of

radioactive properties with toxic, explosive
or other hazardous properties of nuclear fuel
or of radioactive products or waste.
Maritime liens 65. The maritime liens set out in section 63 above shall
in respect of
salvage.
rank in the order listed, provided however that maritime
liens securing claims for reward for the salvage of the vessel
shall take priority over all other maritime liens which have
attached to the vessel prior to the time when the salvage
operations giving rise to the said liens were performed.
Priority 66. The maritime liens securing claims for reward for
between the salvage of the vessel shall rank in the inverse order of
maritime liens
in respect of the time when the claims secured thereby accrued. Such
salvage. claims shall be deemed to have accrued on the date on which
each salvage operation was terminated.
Extinguishment 67. All maritime liens against a vessel shall be

of maritime
liens.
extinguished-
(a) by the judicial sale of the vessel; or
(b) after three calendar months following the

permanent registration of a change of
ownership of the vessel; or
(c) after a period of one year, unless such period

expired before the expiry of the period
mentioned in subsection (b) above.
68. For the purpose of section 67(b), the period of three Calculation of
time for
calendar months shall commence from the date on which maritime
the title of ownership is registered at IMMARBE´s Head liens.
Office.
69. Notwithstanding section 67(b) or (c) above, the Mortgagee's

liens to expire
registered ship mortgage shall continue in full force and only upon
effect until such time as the discharge has been duly executed discharge of
mortgage.
by the mortgagee and registered at IMMARBE’s Head
Office or the mortgage is cancelled as a result of the sale
of the vessel pursuant to a court order.
70. The one year period referred to in section 67(c) shall Computation
of time for
commence: expiry of
maritime
liens.
(i) with respect to the maritime liens set out in
section 63(c), upon the claimant’s discharge
from the vessel;
(ii) with respect to the maritime liens set out in

section 63 (b) and section 63 (e) to 63 (i),
when the claims secured thereby arise.
PART VIII
BAREBOAT CHARTER REGISTRATION
71. (1) The vessels registered in IMMARBE may, in Dual

registration.
order to comply with the terms of a charter contract, obtain
a second registration at the registry of another country
without affecting their registration at IMMARBE.
(2) For the purpose of subsection (1) above, the

applicant shall submit a formal application to IMMARBE
giving full details of the contract, including the name and
address of the charterer and date of expiration of the said
contract. If the vessel has a mortgage recorded on it, a
notarized letter of consent from the mortgagee shall also
be submitted.
(3) IMMARBE shall, if satisfied that all formalities

have been complied with by the applicant, authorise the
vessel’s dual registration for a period of two years in the
first instance. This period may be extended from time to
time for like periods as and when necessary upon cause
being shown to IMMARBE.
(4) In every case of dual registration, it shall be the

responsibility of the applicant to obtain the necessary approval
of the competent authority of the country in which second
registration is being sought.
Payment 72. (1) For the duration of the dual registration provided
during period for in section 71, the vessel shall continue to make all the
of dual
registration. relevant annual payments and other dues, and its title or
any mortgage or other documents shall be registered
exclusively at the Head Office.
(2) Notwithstanding subsection (1) above, the

applicant may deliver certified true copies of the documents
registered at the Head Office to the authorities of the second
Registry in order to render such documents a matter of public
record at such Registry.
Registration of 73. (1) Foreign vessels may be registered in IMMARBE

vessels under a under the terms of a charter contract.
charter
contract.
(2) IMMARBE shall, upon payment of the fees
First specified in the First Schedule, issue a special navigation
Schedule.
and radio license to the vessel which shall be valid for two
years, but may be extended from time to time for like periods
as and when necessary upon cause being shown to
IMMARBE.
(3) In every case of registration under this section, a

notarized copy of the charter contract and a certificate of
freedom from registered encumbrances or a registered
lienholder’s letter of consent shall be delivered by the
applicant to IMMARBE’s Head Office for record.
(4) During the period of dual registration of a vessel

at IMMARBE under this section, no title, deed, mortgage
or other document relating to the said vessel shall be registered
at IMMARBE, and all such documents shall be registered
at the vessel’s original registry.
PART IX
LIMITATION OF LIABILITY
FOR MARITIME CLAIMS
74. For the purposes of this Part, unless the context Interpretation
of terms in
otherwise requires- this Part.
“environmental damage” means any injury, harm, break,

scratch, alteration, spoil, impairment, mutilation or destruction
to the natural environment that reduces or threatens its ability
to maintain the processes essential to life and/or which
reduces its aesthetic appeal; and includes damage to the
Belize Barrier Reef System and critical habitat;
“IMO” means the International Maritime Organization;
“ship” includes any structure (whether completed or in the

course of completion) launched and intended for use in
navigation as a ship or part of a ship;
“shipowner” includes charterer, manager or operator of a

ship;
“salvage services” means services rendered in direct

connection with salvage operations;
“salvor” means any person rendering salvage services;
“salvage operation” means any act or activity undertaken

to assist a vessel or any other property in danger in navigable
waters or in any other waters and includes the operations
referred to in paragraphs (iv), (v) and (vi) of section 76

below.
“Special Drawing Right” or “SDR” means a unit of account

as established by the International Monetary Fund (IMF).
Persons 75. (a) Shipowners and salvors may limit their

entitled to liabilities in accordance with this Part.
limit liability.
(b) An insurer of liability for claims subject to

limitation under this Part shall be entitled to
the benefit of limitation to the same extent
as the assured.
(c) A person for whose act, neglect or default

the shipowner or salvor is responsible may
limit his liability under this Part.
Claims subject 76. (1) Subject to sections 77 and 78 below, the following
to limitation. claims shall be subject to limitation of liability regardless
of the basis of liability-
(i) claims in respect of loss of life or personal

injury or loss of or damage to property,
including damage to harbour works, basins
and waterways and aids to navigation,
occurring on board or in direct connection
with the operation of the ship or with salvage
operations, and consequential loss resulting
therefrom;
(ii) claims in respect of loss resulting from delay

in the carriage by sea of cargo, passengers or
their luggage;
(iii) claims in respect of other loss resulting from

infringement of rights other than contractual
rights, occurring in direct connection with the
operation of the ship or salvage operations;
(iv) claims in respect of the raising, removal,

destruction or the rendering harmless of a ship
which is sunk, wrecked, stranded or
abandoned, including anything that is or has
been on board such ship;
(v) claims in respect of the removal, destruction

or the rendering harmless of the cargo of the
ship;
(vi) claims of a person other than the person liable

in respect of measures taken in order to avert
or minimise loss for which the person liable
may limit his liability in accordance with this
Part, and further loss caused by such
measures.
(2) The claims referred to in subsection (1) above

shall be subject to limitation of liability even if brought by
way of recourse or for indemnity under a contract or
otherwise, but the claims referred to in paragraphs (iv), (v)
and (vi) of subsection (1) shall not be subject to limitation
to the extent that they relate to remuneration under a contract
with the person liable.
77. For the purposes of this Part, the liability of a Invoking

limitation not
shipowner shall include liability in an action against his ship, an admission
and the act of invoking limitation shall not constitute an of liability.
admission of liability.
78. Limitation of liability under this Part shall not apply Claims
excepted from
to the following claims- limitation.
(a) claims for salvage and corresponding claims

under a contract;
(b) claims for contribution in general average;

(c) claims by servants of the shipowner or salvor

whose duties are connected with the ship or
the salvage operations, including claims of
their heirs, dependants or other persons entitled
to make such claims, if under the contract of
service between the shipowner or salvor and
such servants, the shipowner or salvor is not
entitled to limit his liability in respect of such
claims, or if he is under such contract only
permitted to limit his liability to an amount
greater than that provided for in section 80
below;
(d) claims for oil pollution damage;
(e) claims subject to any law applicable in any

country governing or prohibiting limitation of
liability for nuclear damage;
(f) claims against the shipowner of a nuclear ship

for nuclear damage;
(g) claims for damage in connection with the

carriage of hazardous and noxious substances;
and
(h) claims for environmental damage to Belize’s

environment, including the Belize Barrier
Reef System and critical habitat.
Conduct 79. A person liable shall not be entitled to limit his

barring
limitation.
liability if it is proved that the loss resulted from his personal
act or omission, committed with the intent to cause such
loss, or recklessly and with knowledge that such loss would
probably result.
80. Where a person entitled to limitation of liability Counter

under this Part has a claim against the claimant arising out claims.
of the same occurrence, this Part shall only apply to the

balance, if any.
81. (1) The limits of liability for claims other than those Limitation
referred to in section 78 above, arising on any distinct calculations
for smaller
occasion, shall be calculated as follows- vessels.
(a) in respect of claims for loss of life or personal

injury-
––166,667 special drawing rights for a ship

with a tonnage not exceeding 300 tons;
(b) in respect of any other claims-
––83,333 special drawing rights for a ship

with a tonnage not exceeding 300 tons.
(2) The Minister may make regulations for the limits

of liability for ships of less than 300 tons and shall inform
the IMO of any such limits of liability.
82. Subject to (b) below, the limits of liability for claims Calculation of
other than those referred to in section 78, arising on any limits of
liability for
distinct occasion, shall be calculated as follows- larger vessels.
(a) in respect of claims for loss of life or personal

injury -
(i) 2,000,000 special drawing rights for a

ship with a tonnage not exceeding 2,000
tons;
(ii) for a ship with a tonnage in excess of

2,000 tons, the following amounts in
addition to that mentioned in
subparagraph (i) -
(A) for each ton from 2,001 to 30,000

tons, 800 special drawing rights;
(B) for each ton from 30,001 to

70,000 tons, 600 special – drawing
rights; and
(C) for each ton in excess of 70,000

(b) in respect of any other claims:-
(i) 1,000,000 special drawing rights for a

ship with a tonnage not exceeding 2,000
tons; and
(ii) for a ship with a tonnage in excess of

2,000 tons the following amount in
addition to that mentioned in sub-
paragraph (i) -
(A) for each ton from 2,001 to 30,000

(B) for each ton from 30,001 to

70,000 tons, 300 special drawing
rights; and
(C) for each ton in excess of 70,000

tons, 200 special drawing rights.
Limit of 83. The limits of liability for any salvor not operating
liability of
salvors.
from any ship or for any salvor operating solely on the ship
to, or in respect of which, he is rendering salvage services,
shall be calculated according to a tonnage of 1,500 tons.
Limitation of 84. Where the amount calculated in accordance with

calculation.
sections 81(a) and 82(1)(a) above is insufficient to pay the
claims mentioned therein in full, the amount calculated in

accordance with sections 81(b) and 82 (1)(b)(i), above,
respectively, shall be available for payment of the unpaid
balance of claims under sections 81(a) and 82(1)(a) above
and such unpaid balance shall rank rateably with claims
mentioned under sections 81(b) and 82(1)(b)(i).
85. For the purposes of this Part, a ship’s tonnage shall Measurement
of ship
be its gross tonnage. tonnage.
86. This Part does not apply to the Belize Port Authority Belize Port
Authority
and the owners of any dock in Belize exempted.
87. (1) In respect of claims arising on any distinct occasion Limits of

passengers’
for loss of life or personal injury to passengers of a ship, claims.
the limit of liability of the shipowner thereof shall be an
amount of 175,000 special drawing rights multiplied by the
number of passengers which the ship is authorised to carry
according to the ship’s certificate.
(2) For the purpose of this section, “claims for loss

of life or personal injury to passengers of a ship” shall mean
any such claims brought by or on behalf of any person
carried in that ship-
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is

accompanying a vehicle or live animals which
are covered by a contract for the carriage of
goods.
(3) In the case of a ship for which there is in force

a Passenger Ship Safety Certificate or Passenger Certificate,
as the case may be, issued under or recognised by this Act,
the ship’s certificate mentioned in subsection (1) above shall
be that certificate.
Conversions of 88. For the purpose of converting the amounts mentioned

units of
account.
in sections 81, 82, 83, 84 and 87 from special drawing
rights into dollars, one special drawing right shall be treated
as equal to such a sum in dollars as the International Monetary
Fund has fixed as being the equivalent of one special
drawing right for-
(a) the date the limitation fund shall have been

constituted, payment is made, or security is
given under section 90 below; or
(b) if no sum has been so fixed for that date, the

last preceding date for which a sum has been
so fixed.
Aggregation of 89. (1) The limits of liability determined in accordance

claims.
with sections 81, 82, 83, 84 and 87 shall apply to the
aggregate of all claims which arise on any distinct occasion-
(a) against the shipowner and any person for

whose act, neglect or default he or they are
responsible; or
(b) against the shipowner of a ship rendering

salvage services from that ship and the salvor
or salvors operating from such ship and any
person for whose act, neglect or default he or
they are responsible; or
(c) against the salvor or salvors who are not

operating from a ship or who are operating
solely on the ship to, or in respect of which,
the salvage services are rendered and any
person for whose act, neglect or default he or
they are responsible.
(2) The limits of liability determined in accordance with

section 87 above shall apply to the aggregate of all claims
subject thereto which may arise on any distinct occasion

against the shipowner in respect of the ship referred to in
section 87 above and any person for whose act, neglect or
default he may be responsible.
90. (1) Any person alleged to be liable and seeking to Constitution

limit his liability under this Part may constitute a fund by of limitations
fund.
depositing with the Court an amount at least equivalent to
the limit provided for in sections 82 or 87 above as appropriate,
or by producing a guarantee acceptable to the Court, together
with interest thereon from the date of the occurrence giving
rise to the liability until the date of the constitution of the
fund, and the fund so constituted shall be available only
for the payment of claims in respect of which the limitation
of liability can be invoked.
(2) A fund constituted by one of the persons

mentioned in section 89(1)(a) or section 89(1)(b) above or
his insurer; or by a person or his insurer in respect of section
89(2) shall be deemed to have been constituted by all
persons mentioned in sections 89(1)(a) and 89(1)(b) above,
or all persons in respect of section 89(2) above, as the case
may be.
(3) The Court may determine the rate of interest to

be applied for the purposes of subsection (1) above.
(4) Where a fund is deposited with the Court in

accordance with this section for the payment of claims
arising out of any occurrence, the Court may stay any
proceedings relating to any claim arising out of that occurrence
which are pending against the person by whom the fund
has been constituted.
91. (1) Subject to sections 81, 82 and 87, the fund shall Distribution of
fund.
be distributed among the claimants in proportion to their
established claims against the fund.
(2) The Court may proceed in such manner as to the

exclusion of any claimants who do not make claims within
a certain time and as to payment of costs, as the Court thinks
just.
(3) No lien or other right in respect of any ship or

property shall affect the proportions in which any amount
is distributed among several claimants.
(4) All sums paid for or on account of any loss or

damage in respect whereof the liability of owners is limited
under the provisions of this Part and all costs incurred in
relation thereto may be brought into account among part
owners of the same ship in the same manner as money
disbursed for the use thereof.
(5) Where, before the fund is distributed, the person

liable, or his insurer, has settled the claim, such person shall,
up to the amount he has paid, acquire by subrogation the
rights which the person so compensated would have enjoyed
under this Part.
(6) In making any distribution in accordance with

subsection (2), the Court may, if it thinks fit, postpone the
distribution of such part of the amount to be distributed as
it deems appropriate having regard to any claims, subrogated
or otherwise, that may be established later.
Bar to other 92. (1) Where a limitation fund has been constituted in
actions.
accordance with section 90, any person having made a claim
against the fund shall be barred from exercising any right
in respect of such claim against any other assets of a person
by or on behalf of whom the fund has been constituted.
(2) Where a ship or other property is attached or

arrested in connection with a claim which appears to the
Court to be founded on liability to which limitation is
applicable under this Part, and in respect of which a fund
has been constituted or a security or guarantee has been

deposited, the Court shall order the release of the ship or
property if the limitation fund has been constituted in the
countries of any of the following ports -
(i) the port where the occurrence took place, or,

if it took place out of port, at the first port of
call thereafter;
(ii) the port of disembarkation in respect of claims

for loss of life or personal injury; or
(iii) the port of discharge in respect of damage to

cargo, but where the release is ordered, the
person on whose application it is ordered
shall be deemed to have submitted to the
jurisdiction of the Court to adjudicate on the
claim for which the ship or property was
arrested or attached.
(3) Subsections (1) and (2) above shall apply only

if the claimant brings a claim before the Court and the
limitation fund is actually available and freely transferable
in respect of that claim.
93. Where a limitation fund is constituted in any of the Governing

countries of the ports referred to in section 92 (2) above, law.
the rules relating to its constitution and distribution, and all

rules of procedure in connection therewith, shall be governed
by the law of the country governing the contract of carriage.
94.(1) Where, by the fault of two or more ships, damage Apportionment

or loss is caused to one or more of those ships, to their of liability for
damage or
cargoes or freight, or to any property on board, the liability loss.
to make good the damage or loss shall be in proportion to
the degree in which each ship was at fault.
(2) Where, in any such case, having regard to all

the circumstances, it is not possible to establish different
degrees of fault, the liability shall be apportioned equally.
(3) This section applies to persons other than the

owners of ships who are responsible for the faults of the
ships, as well as to the owners of ships and where, by virtue
of any charter or demise, or for any other reason, the owners
are not responsible for the navigation and management of
the ship in question, this section applies to the charterers
or other persons for the time being so responsible instead
of the owners.
(4) Nothing in this section shall operate so as to

render any ship liable for any loss or damage to which the
fault of the ship has not contributed.
(5) Nothing is this section shall affect the liability

of any person under a contract of carriage or any contract,
or shall be construed as imposing any liability upon any
person from which he is exempted by any contract or by
any provision of law, or as affecting the right of any person
to limit his liability in the manner provided by law.
(6) In this section, “freight” includes passage money

and hire.
(7) In this section, references to damage or loss

caused by the fault of a ship include references to any
salvage or other expenses, consequent upon that fault,
recoverable at law by way of damages.
Loss of life or 95. (1) Where loss of life or personal injuries are suffered
personal
injuries; joint
by any person on board a ship owing to the fault of that
and several ship and of any other ship or ships, the liability of the owners
liability.
of the ships shall be joint and several.
(2) Section 94 (3) also applies to this section.
(3) Nothing in this section shall be construed as

depriving any person of any right of defence on which, apart
from this section, he might have relied in an action brought
against him by the person injured, or any person or persons

entitled to sue in respect of such loss of life, or shall affect
the right of any person to limit his liability in the manner
provided by law.
(4) Section 94 (7) applies also for the interpretation of

this section.
96. (1) Where loss of life or personal injuries are suffered Right of
contribution
by any person on board a ship owing to the fault of that for loss of life
ship and any other ship or ships, and a proportion of the or personal
injuries.
damages is recovered against the owners of one of the ships
which exceeds the proportion in which the ship was in fault,
they may recover by way of contribution the amount of the
excess from the owners of the other ship or ships to the
extent to which those ships were respectively at fault.
(2) Subsection 94 (3) applies also to this section.
(3) Nothing in this section authorises the recovery

of any amount which could not, by reason of any statutory
or contractual limitation of, or exemption from, liability, or
which could not for any other reason, have been recovered
in the first instance as damages by the persons entitled to
sue therefor.
(4) In addition to any other remedy provided by law,

the persons entitled to any contribution recoverable under
this section shall, for the purposes of recovering it, have
the same rights and powers as the persons entitled to sue
for damages in the first instance.
97. (1) This section applies to any proceedings to enforce Time limits for
proceedings
any claim or lien against a ship or its owners- against owner
or ship.
(i) in respect of damage or loss caused by the
fault of that ship to another ship, its cargo or
freight or any property on board it; or
(ii) for damages for loss of life or personal injury

caused by the fault of that ship to any person
on board another ship.
(2) The extent of the fault is immaterial for the

purposes of this section.
(3) Subject to subsections (5) and (6) below, no

proceedings to which this subsection applies shall be brought
after the period of two years from the date when -
(i) the damage or loss was caused; or
(ii) the loss of life or injury was suffered.
(4) Subject to subsections (5) and (6) below, no

proceedings under any of sections 93 to 95 to enforce any
contribution in respect of any overpaid proportion of any
damages for loss of life or personal injury shall be brought
after the period of one year from the date of payment.
(5) The Court may, in accordance with the rules of

court, extend the period allowed for bringing proceedings
to such extent and on such conditions as it thinks fit.
(6) The Court, if satisfied that there has not been

during any period allowed for bringing proceedings, any
reasonable opportunity of arresting the defendant ship within-
(i) the jurisdiction of the Court, or
(ii) the territorial sea of the country to which the

plaintiff’s ship belongs or in which the plaintiff
resides or has his principal place of business,
shall extend the period allowed for bringing proceedings to

an extent sufficient to give a reasonable opportunity of so
arresting the ship.
98. (1) This Part shall apply whenever any person Scope of
application of
referred to in section 75 seeks to limit his liability before this part.
the Court or seeks to procure the release of a ship or other
property, or the discharge of any security given.
(2) In the event of a conflict between the provisions

of this Part and any other law or international convention
to which Belize is a party, the provisions of this Part shall
prevail.
99. (1) Subject to subsection (3) below, the owner of Exclusion of

a Belize registered ship shall not be liable for any loss or liability.
damage in the following cases, namely-
(i) where any property on board the ship is lost or

damaged by reason of fire on board the ship;
or
(ii) where any gold, silver, watches, jewels or

precious stones on board the ship are lost or
damaged by reason of theft, robbery or other
dishonest conduct and their nature and value
were not at the time of shipment declared by
their owner or shipper to the owner or master
of the ship in the bill of lading or otherwise in
writing.
(2) Subject to subsection (3) below, where the loss

or damage arises from anything done or omitted by any
person in his capacity as master or member of the crew or
(otherwise than in that capacity) in the course of his
employment as a servant of the owner of the ship, subsection
(1) above shall also exclude the liability of-
(i) the master, member of the crew or servant;

and
(ii) in a case where the master or member of the

crew is the servant of a person whose liability
would not be excluded by that subsection

apart from this paragraph, the person whose
servant he is.
(3) This section does not exclude the liability of any

person for any loss or damage resulting from any such
personal act or omission of his as is mentioned in section
79 above.
(4) In this section “owner”, in relation to a ship,

includes any part owner and any charterer, manager or
operator of the ship.
PART X
REVOCATION OF REGISTRATION OF A VESSEL
Revocation of 100. Where a vessel registered in IMMARBE, whether

registration
for illegal
in Belize or elsewhere, infringes, violates or engages in an
activities. activity in breach of this Act, or any regulations, resolutions
or circular notes or letters made or issued thereunder, or
any international convention to which Belize is a party, or
any United Nations sanctions, the Registrar may, subject
to the provisions of this Act with regard to ship mortgage,
revoke the registration of such vessel from IMMARBE, or
impose a fine not exceeding fifty thousand dollars,
Revocation of 101. The Registrar in accordance with section 100 above

registration of shall have the right to revoke the registration of a vessel
a vessel for
drug registered in IMMARBE, if it is established in any court
trafficking, of law (whether in Belize or elsewhere) that such a vessel
etc.
is engaged in the transportation of drugs or is involved in
other illegal activities.
Offence and 102. Every person who, with intent to evade the
penalty. provisions of this Act or any other law, forges any certificate
of registry or other documents relating to a ship, or with
like intent flies the flag of Belize on a ship, commits an
offence and shall be liable on summary conviction to
imprisonment for a term not exceeding five years or to a

fine not exceeding fifty thousand dollars, or to both such
fine and term of imprisonment, and in every such case the
ship in respect of which the offence was committed shall
be forfeited.
PART XI
FORGERY AND FALSE DECLARATIONS
103. Any person who forges or fraudulently alters any Penalty for
forgery, etc.
register, builder’s certificate, surveyor’s certificate, tonnage
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage, or any entry or endorsement made
in or on any of those documents, shall be guilty of an offence
and shall be liable on summary conviction to the penalties
prescribed in section 102 of the Act.
104. Every person who, in the case of a declaration Penalty for

false
made in the presence of or produced to the Registrar under statements,
the Act or any regulations made thereunder or in any etc.
document or other evidence produced to the Registrar-
(a) wilfully makes any false statement concerning

the title to, or ownership of, or the interest
existing in, any ship; or
(b) utters, produces or makes use of any

declaration or document containing any such
false statement knowing the same to be false,
shall be guilty of an offence and shall be liable on summary

conviction to a fine not exceeding five thousand dollars.
PART XII
FORMS
Prescribed 105. (1) The several instruments and documents

forms.
specified in the Act and its appendices and in any other
regulations for the time being pertaining to the Act shall
be the prescribed forms for the purposes of the Act and shall
be utilized for those purposes in that form or as nearly thereto
as circumstances permit.
(2) The Registrar shall cause the prescribed forms

to be supplied to all Deputy Registrars for distribution to
persons required to use the same.
(3) The Registrar may from time to time by Order

published in the Gazette amend any of the forms prescribed
in the appendices to this Act or in any regulations made
thereunder, or prescribe any new forms as he may consider
fit.
Instructions to 106. The Registrar may, for the purpose of carrying into
Deputy
Registrars.
effect the Act, give such instructions to Deputy Registrars
as to the manner of making entries in the registers, the
execution and attestation of powers of attorney, any evidence
required for identifying any person, or the referring to him
of any question involving doubt or difficulty, and generally
as to any act or thing to be done in pursuance of the Act
or the regulations made thereunder, as he thinks fit.
PART XIII
MISCELLANEOUS
Regulations. 107. (1) The Minister may make regulations for the
better carrying out of the provisions of this Act, including
the prescribing of fees, forms and other things that need
to be prescribed.
(2) Such regulations may provide that any

contravention or breach thereof shall be punishable by
Order of the Registrar to a fine not exceeding ten thousand
dollars, or on summary conviction before a Magistrate to
a fine not exceeding twenty thousand dollars or to
imprisonment for a term not exceeding two years, or to both
such fine and term of imprisonment.
108. (1) When an international Convention or other Application of

International
international instrument has been ratified, acceded or adhered Conventions.
to by the Government of Belize, the Registrar or the Senior
Deputy Registrar of IMMARBE is hereby empowered to
issue Merchant Marine Notices in order to give full effect
to the implementation of its provisions onboard IMMARBE
registered ships.
(2) In the event that any Merchant Marine Notice

conflicts in any manner with a provision of that Convention
or instrument, the provisions of the Convention or instrument
shall prevail.
(3) Any legal instrument issued by the International

Maritime Organization (IMO) or the International Labour
Organization (ILO) comprising International Conventions,
Protocols or Codes pertaining to merchant shipping, shall,
as far as practicable, be submitted for consideration to a
technical committee consisting of the Belize Port Authority,
the Belize National Coast Guard Service (BNCG) and
IMMARBE, who shall advise and make recommendations
to the Government of Belize prior to accession, adhesion
or ratification by Belize of such legal instrument.
109. (1) For the more efficient operation of IMMARBE, Contracts to

manage
the Minister may, if he thinks fit, engage the services of IMMARBE
a person or a body corporate possessing the qualifications abroad.
and expertise necessary to manage IMMARBE’s business
abroad.
(2) Any such contract as is referred to above may

authorize the person or body corporate with whom it is made
to do all things necessary for IMMARBE’s operations,
including the designation of worldwide representatives of
IMMARBE, approval of classification societies and radio
accounting authorities, appointment and approval of
worldwide inspectors, and establishment of IMMARBE’s
offices abroad.
(3) Every such contract as is referred to in this

section shall contain a provision that the Auditor-General
shall be entitled to audit the accounts of the person or body
corporate who is contracted to manage IMMARBE’s
operations.
Powers of 110. (1) For the purpose of ensuring that the provisions
Inspector.
of the Act and Regulations made thereunder, or of any
international convention, are duly observed and complied
with, and for the effective carrying out of his powers and
duties under the Act and such regulations, an inspector in
Belize may:
(a) go on board any ship and inspect the same or

any part thereof, or any of the machinery,
boats, equipment or articles on board thereof
to which the said provisions apply;
(b) require answers or returns to be given or made

by the master or any other member of the crew
of a ship to any inquiries he is required or
thinks fit to make;
(c) require the production of any books, papers

or documents; and
(d) administer oaths for obtaining sworn

testimony.
(2) The powers conferred upon an inspector by

subsection (1) above may be exercised by a Deputy Registrar
or his designate on or in respect of a Belizean ship outside
Belize.
(3) Powers conferred by this section shall not be

exercised so as to unnecessarily detain or delay any ship.
(4) Any person who:
(a) obstructs the Registrar or his designate in the

exercise of his powers under this Act or under
any other power conferred by the Act or any
regulations made thereunder; or
(b) without reasonable excuse, fails to comply

with any requirement made under this Act; or
(c) knowingly gives a false answer to any question

put to him by an inspector or Registrar or his
designate,
shall be guilty of an offence and liable on summary conviction

to a fine not exceeding one thousand dollars.
111. (1) Where under any of the provision of the Act Suspension of
Certificate of
or any Regulations made thereunder, the certificate of registry Registry.
of a Belizean ship is suspended, the person by whom the
suspension is made shall give to, or cause to be served on,
the master of the ship a written notice of the suspension,
and thereupon the ship shall not proceed to sea and the
master shall forthwith deliver up the certificate of registry
to the person by whom it was suspended or, if such person
not immediately available, to a Deputy Registrar or consular
officer.
(2) In the case of any contravention of this Act, the

master of the ship shall be guilty of an offence and shall,
unless a higher penalty is otherwise prescribed, be liable

to a fine not exceeding one thousand dollars by the Registrar.
Application of 112. This Act shall not, except as specifically provided

this Act.
by order of the Minister, apply to any ship that is owned
by and is in the service of the Government of Belize, other
than for commercial purposes.
General 113. Insofar as it does not conflict with any provisions

Maritime law
of England to of this Act or any regulations made thereunder, or any other
apply. law of Belize, the non-statutory general maritime law of
England is hereby declared to be and is adopted as the
general maritime law in respect of all vessels registered
under the Act.
Commencement 114. (1) This Act shall come into force on a day to be
and repeal. appointed by the Minister by Order published in the Gazette.
CAP. 236. (2) Upon the coming into force of this Act, the
Act 14/03. Registration of Merchant Ships Act, as amended, the
S. I. No. 111/ Registration of Merchant Ships (Registration and
1991.
Miscellaneous Provisions) Regulations, and the Registration
S.I. 56/2010. of Merchant Ships (Variation of Fees) Order, 2010, shall
stand repealed.
__________ . __________
Printed in Belize by the Government Printer

#1 Power Lane, Belmopan City

Belize: Merchant Ships (Registration) Act, 2010 NO. 22 OF 2010 Arrangement of Sections Preliminary

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Belize: Merchant Ships (Registration) Act, 2010 NO. 22 OF 2010 Arrangement of Sections Preliminary

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BELIZE:

MERCHANT SHIPS (REGISTRATION) ACT, 2010

7. Application for registration of ships

26. Name of ships

30. Transfer of ownership of a ship

33. Registration of titles and other documents

39. Mortgage of a vessel

59. Explanation of Maritime Liens

71. Dual registration

74. Interpretation of terms in this Part

100. Revocation of registration for illegal activities

103. Penalty for forgery, etc.

105. Prescribed forms

(SIR COLVILLE N. YOUNG)

19th October, 2010.

AN ACT to make new and improved provisions for

(Gazetted 23rd October, 2010.)

BE IT ENACTED, by and with the advice and consent

1. This Act may be cited as the Short title.

MERCHANT SHIPS (REGISTRATION) ACT, 2010.

Interpretation. 2. (1) In this Act, unless the context otherwise

“Act” means this Act;

“approved” means approved by the Registrar;

“Belizean ship” means a ship for the time being registered

“certificate of registry”, in relation to a Belizean ship,

“Deputy Registrar” means a Deputy Registrar of Merchant

“designated office” means any office designated by the

“dollar” or “$” means a dollar in the currency of the United

“foreign country” means any country or place other than

“gross tonnage” is the gross tonnage stated in the certificate

“Head Office” means the office designated by the Registrar

“IMMARBE” means the International Merchant Marine

“inspector” means a surveyor or a Nautical Inspector

“legal age” means the age of 18 years or over;

“Manager” means the person who is appointed by contract

“master” includes every person (except a pilot) having

“Merchant Marine notices” or “notes” are circulars issued

“Minister” means the Minister to whom the responsibility

“owner” as applied to an unregistered vessel means the

“ownership title” means a bill of sale over a ship in the name

“permanent registration” or “permanent certificate of

“provisional registration” or “provisional certificate of

“Recognized Organization” or “R.O.” means any technical

“Registrar” means the Registrar of Merchant Shipping

“Register” means the International Merchant Marine

“Senior Deputy Registrar” means the Senior Deputy

“ship” or a “vessel” means and includes every description

“shipping agent” means the person who acts as an

“shipowner” as applied to an unregistered ship, means the

“surveyor” means a person appointed or authorized by the

“the Court” means the Supreme Court of Belize exercising

“year”, in relation to the compulsory inspection of a ship,

3. (1) There is hereby established an “International Establishment

(2) The Registrar shall designate the Head office of

(2) Notwithstanding sub-section (1) above, the

5. The Director General of the International Financial Registrar of

6. (1) The Registrar may appoint Deputy Registrars of Deputy

(2) The Registrar may appoint a Senior Deputy

(3) The Senior Deputy Registrar shall have all the

(4) A Deputy Registrar shall have such powers as

(5) The day-to-day operations of IMMARBE shall

(6) The Registrar may authorize one or more