Title
Amendment of MARINA rules on bareboat charter
Law
Marina Memorandum Circular No. 111
Decision Date
Jul 13, 1995
MARINA Memorandum Circular No. 111 amends guidelines for bareboat chartering and vessel registration, allowing accredited overseas shipping companies to increase their chartered vessels and facilitating investments in ship acquisition through Lease-Irrevocable-Purchase arrangements, while imposing penalties for non-compliance.
A

Questions (EXECUTIVE ORDER NO. 470)

The purpose is to amend Memorandum Circular No. 42-A to encourage investments in acquiring vessels for overseas operations through importation and local purchase, stimulating the development and growth of bonafide shipowning.

A MARINA-accredited overseas shipping company can bareboat charter an additional seven (7) vessels on top of its existing chartered ships for every owned vessel.

Yes, a shipowning company has the option to allocate its quota of chartered vessels to qualified subsidiary companies.

The company must have a paid-up capital of at least P 7.0 Million, the vessel to be acquired must be at least 2,500 dwt, and the company or its affiliates must pay at least 50% of the total purchase price before bareboat chartering up to five additional vessels.

The company shall pay a 4.5% withholding tax on the vessel's bareboat charter hire to the Bureau of Internal Revenue and submit proof within 60 days, and pay a penalty of P 500,000.00. Bonus vessels under LIP scheme shall not have their charter parties extended nor be replaceable.

An existing bareboat chartering company without owned tonnage may replace a previously deleted bareboat chartered vessel deleted after December 31, 1985, subject to the necessary incremental increase in paid-up capitalization per MC No. 42.

Applicants must submit documents stipulated under MC No. 85 and implementing rules of PDs 760/866/1711, notarized certification from the seller or mortgagee bank attesting 50% payment for LIP arrangements, and other documents deemed necessary by the MARINA Administrator.

Memorandum Circular Nos. 33-A, 38, and 42 and the Rules and Regulations implementing PDs 760/866/1711 that are not inconsistent with this Memorandum Circular remain in full force and effect.

Memorandum Circular No. 42-A is repealed by MARINA Memorandum Circular No. 111.

It took effect fifteen (15) days after its publication once in a newspaper of general circulation.


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