What Laws Apply On Us Flagged Yacht?

The Passenger Vessel Service Act (46 U.S.C § 55103) is a law that restricts the use of foreign-built vessels for passenger transport between US ports. Most yachts larger than 300 gross tons are not built to the standards required by U.S. documented inspected seagoing motor vessels, so most must choose foreign registration. Foreign flagged yachts cruising in US waters are also subject to inspection by the Coast Guard.

The Trump administration has recently passed legislation to close a Jones Act loophole that allows foreign-flagged offshore supply vessels operating in US waters. This amendment reversed a 1920 law that defined a yacht as a vessel with a maximum volume of 300 GT. Foreign-flagged yachts must apply for and obtain a Certificate of Financial Responsibility (COFR) at least 21 days before arrival in the US. A cruising license exempts foreign-flagged yachts from certain countries from formal entry and clearance procedures.

The biggest difficulty for yachts registered under the US flag is the restrictions it places on what crew can be employed on board. Patriotic yacht owners are now able to fly an American flag and register their yachts (over 300 GT) in the US after a nearly-century-old law. Owners of foreign-flagged yachts also need a permit to use them for recreational cruising in US waters. They get a cruising permit for a year.

The rules and regulations surrounding the B1B2 visa can seem complex, but it includes the Admiralty laws of the Flag State and all international conventions regarding shipping to which that state is a member.

What is the flag state rule?

The state chosen by merchant ships to be registered in, so that the vessel is bound to carry the flag of that state and comply with its rules and regulations. The flag state is responsible for enforcing regulations over these vessels in accordance with the international maritime rules and stipulations. For a country to be included in the list of flag states, it must have the necessary maritime infrastructure —both financial and technical—and should adhere to all the norms and regulations established by the International Maritime Organization (IMO). However, the flag state of a vessel does not necessarily correspond to the country of origin of the ship owner.

Who can work on a U.S.-flagged yacht?

Perhaps the biggest difficulty for yachts registered under the US flag is the restrictions it places on what crew can be employed on board. As Barrett explains, “The captain and officers on a US-flagged yacht are required to be citizens or naturalised citizens of the United States, so they must carry a US passport. There’s also a 75/25 rule whereby only 25 per cent of the unlicensed crew can be permanent US residents, but 75 per cent are required to be US passport holders.”

As a result, Hill Robinson USA has found finding crew for the US-flagged yachts under its management a real challenge, with some yachts in its fleet deciding to drop their American flags in favour of a less limiting foreign flag. “It’s really difficult to find quality US crew with the right qualifications and it’s very frustrating,” adds Barrett. “And this means that the limited pool of quality US crew out there are in the driving seat with regards to salary demands and compensation. Oftentimes, we find these yachts are having to pay higher than market rate to secure the good crew because they are in such high demand.”

Furthermore, the US flag necessitates that the crew working on board must be employed by a US employer, thereby requiring them to pay federal withholding tax, Social Security and Medicare in the United States. This stipulation further reduces the number of candidates available to work on US-flagged yachts due to many crew preferring to lessen their tax burden by conducting their financial affairs offshore.

Why are yachts not available to U.S. residents in U.S. waters?

You will see this term next to many yachts advertised for sale or charter. Any non-USA built vessel which has never paid USA Customs duty, or a USA built vessel that has been exported and is currently foreign flagged, can not be offered for sale or charter to US citizens while in USA waters until making a formal USA entry. USA duty, assessed at 1.5% of the appraised value, is a one time taxable event. A duty free formal entry can be made if duty had previously been paid and can be proven with a receipt or a returning USA built vessel.

What does the U.S. yacht flag mean?

US Yacht Ensign This flag is similar to the U.S. Ensign except a circle of 13 stars surrounding an anchor replaces the 50 stars. It was established by Congress in 1848 to identify yachts that do not have to clear customs when entering ports; licensed yacht were required to fly it.

Yachts and yacht clubs are great users of flags. They are colorful, festive and informative. Every yacht owner should be familiar with the customs that apply to all the types of flags typically flown on a vessel.

Unlike buildings and houses ashore, a vessel has a limited number of places from which to fly flags, and thus the yachtsman must be selective in the flags that he or she flies afloat. A yacht will ordinarily display three flags: one announcing her nationality, one announcing her owner’s club affiliation, and one announcing her owner’s status (private signal or club officer’s flag).

National Ensign (50-Star US flag). The familiar 50 star “stars and stripes” flag is also known as the national ensign afloat. It is the most important flag on board and identifies her national character. A vessel’s character is determined by her registration, which may differ from that of her owner. This is especially important abroad and on the high seas.

Can you travel internationally with a yacht?

It is important to be aware that regulations may “kick-in” before you even enter Territorial Waters. Some countries require you to notify your intentions to the authorities by VHF before you proceed to a designated port of entry. You may need to have arranged a visa in advance and you may have to buy a permit for the boat. An inventory of the items onboard may be needed, as may a crew list. It may be necessary to present the passports and ships papers in every port you visit, just at the ports of entry and departure or only if requested.

Even in countries where yacht tourism is commonplace, the rules for yachts can be difficult to establish. For the less frequented countries, someone who has been there before can be an invaluable source of information and may be able to offer contacts within the country to help with customs and immigration procedures, either informally with translating or as a formal agent, which can be required.

Knowledge. There are numerous cruising forums and websites which offer information and can be used to make contact with other cruisers, to allow you to build a picture of what may be expected before your arrival. Some of these are detailed under “Related Links”. If you find other ones to be particularly useful, please email us so we can spread the word.

Can a foreign flagged vessel charter in the US?

6) Both U.S. flag and foreign vessels may be char- tered. However, foreign flagged vessel cannot carry passengers for hire between U.S. ports and must be chartered and /or operate as a recreational vessel (per coastwise trade laws enforced by CBP).

Can a non-US citizen work on a US flag vessel?

Subsection (a) reads “Only a citizen of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel.” This subsection is straight forward; you must be a U.S. citizen to hold any one of the above positions on a documented vessel; …

What is a U.S. flagged vessel?

Privately owned U.S.-flag commercial vessel means a vessel- Registered and operated under the laws of the United States, Used in commercial trade of the United States, Owned and operated by U.S. citizens, including a vessel under voyage or time charter to the Government, and.

(a) The policy of the United States regarding the use of U.S.-flag vessels is stated in the following acts:

The Cargo Preference Act of 1904 ( 10 U.S.C. 2631), which requires the Department of Defense to use only U.S.-flag vessels for ocean transportation of supplies for the Army, Navy, Air Force, or Marine Corps unless those vessels are not available at fair and reasonable rates.

The Merchant Marine Act of 1936 ( 46 U.S.C. 1101), which declares it is the policy of the United States to foster the development and encourage the maintenance of its merchant marine.

Who can fly a blue ensign on a yacht?

Members of certain clubs are entitled to wear the plain blue ensign at the stern of their yachts, provided that they have a permit issued by that Club. Those certain clubs include the Royal Cruising Club (RCC) the Royal Naval Sailing Association (RNSA) and the Royal Naval Volunteer Reserve Yacht Club (RNVRYC).

Jimmy Green Sewn Blue Ensigns, all panels individually cut and stitchedtogetherfrom top quality 100% woven polyester bunting.

3/4 yard up to 2 yard are kept in stock, 2 1/2yard and 3 yard are made to order.

• Component panels cut out from top quality UV resistant 100% polyester woven bunting
• Colourfast and fade resistant
• All panels stitched together with top stitched fell seams to form the full ensign pattern
• Hoist reinforced with special flag webbing tape
• Braided line sewn into the integral hoist tape creating a loop at the top and a tail at the bottom
• Finished with twin stitched hems (outside edges)

Is it legal to live on a boat in the US?

Your location will determine the specific licensure and permits necessary to reside in your vessel legally. Different states have varying requirements for the safety equipment that must always be on your boat.

In most cases, you’ll also need to register your boat with the U.S. Coast Guard and pay the associated fees before living aboard full-time.

There are some other important legal requirements to consider before living on your boat, including:

Start Block: core/list-item Insurance: Good boat insurance is one of the most important essentials for living on a boat. You’ll likely want full coverage in case of an emergency or incident.; End Block: core/list-item Start Block: core/list-item Taxes: As long as your boat has all the required permanent cooking, sleeping and bathroom accommodations, you can report it as your home to the Internal Revenue Service (IRS).; End Block: core/list-item Start Block: core/list-item Mailing address: Living on a boat can complicate how you receive your mail. You’ll likely need to set up a P.O. Box at your local post office or have one assigned by the marina where you stay, depending on your unique situation.; End Block: core/list-item.

In which situation should the US yacht ensign flag be flown?

The appropriate time to fly the ensign is from sunrise to sunset, except when racing. However, whenever a boat is taken into international or foreign waters, the 50-star U.S. national flag is the proper flag to fly and the yacht ensign should not be displayed. In other words, if you own a US boat in the British Virgin Islands, you should not fly the Ensign, but the National Flag.

Boats today fly the Yacht Ensign from the stern, which provides the best visibility or at the lower third of your mizzen sail (generally from the mizzen’s topping lift). When flown from the stern, it should be on a staff (pole) that is sufficiently long and angled, and that is offset to one side (traditionally the starboard side), so the flag flies clear of engine exhaust and rigging.

Courtesy Flag & “Q” (Quarantine) Flag. If you are in foreign waters, a courtesy flag should be flown from your main mast’s starboard spreader. Once out of foreign waters, the courtesy flag should be removed.

Who owns the yacht flag?

Frequently Asked Questions (FAQ) About the Flag Yacht. Who is the Owner of the Flag Yacht?. The Flag yacht is owned by none other than the renowned fashion designer, Tommy Hilfiger. Known for his iconic fashion brand, Tommy Hilfiger brings his sense of style and sophistication to the world of luxury yachting.

Why Do Yachts Fly Flags?. The tradition of flying flags on yachts has deep roots in maritime culture. Flags serve multiple purposes in the world of seafaring. They are used for communication, signaling a vessel’s nationality or registration, and paying homage to different territories. Flying flags on yachts is a way to showcase the vessel’s identity and adhere to nautical customs.

Where Can I Find the Flag Yacht?. For the most up-to-date information regarding the current location of the Flag yacht, you can visit the following link: Flag Yacht Location. This will provide you with real-time updates on the whereabouts of this remarkable vessel.