The Republic of Liberia has responded to the needs of shipowners and the ship financing and legal community by amending Liberian maritime law to allow lease financing structures to be recorded as mortgages. As a result, Liberia is the only flag state with preferred status in China able to record financing charters.

应利比里亚船东、船舶融资人和律师的需求,利比里亚共和国通过了对海事法的修正案,使得船舶融资租赁可作为抵押进行登记。至此,利比里亚是唯一能在中国以优先权登记融资租赁的船旗国。

The advantages offered to the shipping industry by Liberia as a result of the changes made to the country’s maritime law are by no means limited to leasing houses in China, but rather are available to all stakeholders, worldwide. Lease structures for ship financing are, however, increasing in popularity in Asia, in particular, and the inability to record a financing charter to perfect security hinders access to this kind of financing.

此次利比里亚海事法修正案为业界带来的好处绝非仅惠于中国的租赁公司,而是全球的利益相关者,因为租赁结构的船舶融资正日渐风行,尤其在亚洲,而无法通过融资租赁登记来完善抵押无疑会使这种融资途径受阻。

With that in mind, the Liberian Government has introduced amendments to provide for the recordation of financing charters similar to ship mortgages. In addition, the amendments to Liberian maritime law clarify that it is not necessary for evidence of mortgage debt to be provided or recorded together with mortgage instruments. They also make provision for a de finitive definition of the term ‘vessel’ under Liberian law that includes permanently moored watercraft. Moreover, the amendments embrace several other administrative improvements such as a reduction in the number of original mortgage instruments required to record a Liberian mortgage and clarifications related to the physical marking of the vessel.

正是考虑到这点,利比里亚政府对海事法作出修订,以便对融资租赁进行类似于 船舶抵押的登记。此外,修正案还说明抵押负债的证明无需提交或随抵押文件一 同登记、并增加利比里亚法律下定义“船舶”(包含永久系泊船只)的条文。修正

案还包含一些行政方面的改进,比如减少抵押登记文件原件的数量、以及有关船 体标记的进一步明确。

Scott Bergeron, CEO of the Liberian International Ship & Corporate Registry (LISCR), the US-based manager of the Liberian Registry, says, “The recent legislative initiative by the Republic of Liberia to amend its maritime law is yet another example of Liberia identifying the needs of shipowners and operators as well as those of their ship financing and legal advisers.

利比里亚海事主管当局,即总部位于美国的利比里亚国际船舶与公司登记处(LISCR)首席执行官Scott Bergeron先生说道,“此次利比里亚共和国修订海事法的创举,是又一次对船东、船舶运营人、及船舶融资人和法律顾问的诉求的认同和支持。

“The Liberian Registry has experienced tremendous growth in Asia over a number of years. Most recently, that growth has accelerated following enactment of the historic Agreement on Maritime Transport between the People’s Republic of China (PRC) and the Republic of Liberia, under which Liberian-flag vessels are charged a preferential rate for tonnage dues when visiting any port in China. The added ability to record a financing charter as a mortgage enshrined in the recent maritime law amendments will strengthen still further the high level of mutually beneficial co-operation which exists between Liberia and its Chinese partners.”

“利比里亚登记处近年来在亚洲市场获得了极大的发展,此发展在最近历史性的中国-利比里亚海运协定(利比里亚籍船舶靠挂任何中国港口可享受优惠的港口吨税税率)生效后尤为更盛。这次把融资租赁登记载入海事法修订案,将会进一步加强当前利比里亚同中国伙伴之间的高层次互惠合作。”

The text of the Liberian maritime law amendment is available on the Liberian Registry’s website at www.liscr.com/liberian-maritime-law. Queries regarding the amendments should be addressed to legal@ycfmaritime.com.

利比里亚海事法修正案的内容可在登记处官网获取 http://www.liscr.com/liberian-maritime-law 。关于修正案的疑问亦可发送邮件至 legal@ycfmaritime.com 。

The Liberian Registry has a long-established track record of combining the highest standards of safety for vessels and crews with the highest levels of responsive and innovative service to owners. Moreover, it has a well-deserved reputation for supporting international legislation designed to maintain and improve the safety and effectiveness of the shipping industry and protection of the marine environment. www.liscr.com

利比里亚登记处素来将船舶与海员安全的最高标准与最积极、创新的船东服务相结合,且因支持就维持和改善航运安全与效能、及海洋环境保护的国际立法,使得登记处一直拥有良好的声誉。

参与评论

分享到微信朋友圈

x

打开微信,点击底部的“发现”,

使用“扫一扫”即可将网页分享至朋友圈。