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

Penalties and Sanctions for Revocation of LIP Schemes

  • If an LIP arrangement is revoked and reverts to a pure bareboat charter:
    • The company must pay a 4.5% withholding tax on the bareboat charter hire from delivery date to re-delivery or deletion date to the Bureau of Internal Revenue.
    • Proof of tax remittance must be submitted to MARINA within 60 days from revocation.
    • A penalty of P 500,000.00 will be imposed.
    • Charter party for bonus vessels under LIP will not be extended or replaceable.

Replacement of Deleted Vessels

  • Bareboat chartering companies without owned tonnage may replace previously deleted bareboat chartered vessels if:
    • The deleted vessel was removed after December 31, 1985.
    • Incremental increase in paid-up capitalization as per MC No. 42 is complied with.

Pre-Approval Documentary Requirements

  • Applicants must submit documents required under MC No. 85 and Rules Implementing PDs 760/866/1711.
  • For LIP arrangements applying to bareboat charter additional vessels, a notarized certification from the seller or mortgagee bank demonstrating at least 50% payment of the purchase price is required.
  • MARINA Administrator may request other relevant documents.

Saving Clause

  • Provisions of Memorandum Circular Nos. 33-A, 38, and 42, and the Rules Implementing PDs 760/866/1711 remain valid if not inconsistent with this Circular.

Repealing Clause

  • Memorandum Circular No. 42-A is repealed.

Effectivity Clause

  • The Circular takes effect 15 days after publication in a newspaper of general circulation.

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