The purchase of a yacht is a pinnacle moment. But a yacht is no ordinary luxury asset and, just as with any vehicle, there are a range of factors owners must consider beyond buying and equipping the vessel itself. One of those, the choice of flag state, is one of the final steps in the purchasing journey, but absolutely critical.
The flag determines whose jurisdiction and laws the craft operates under (although local port and state laws may also apply when in dock), and who is therefore responsible for regulating and inspecting it.
Various jurisdictions have different benefits and drawbacks, and since every yacht owner’s situation is unique, selecting the right one is a decision that should be made carefully, based on appropriate advice.
Understandably, most yacht owners prefer to register their vessels in jurisdictions that have streamlined registration and taxation procedures, to minimise bureaucracy, as well as mitigate potential taxation exposure. Those that allow for multiple registrations of vessel names and owner anonymity are also popular, in order to maintain privacy.
The appeal of the Red Ensign Group
The constituent members of the “Red Ensign Group” (made up of the United Kingdom, the Crown Dependencies and British Overseas Territories) are among the top choices for yacht registration.
By flying the Red Ensign flag from one of these countries, vessels are provided most of the rights and privileges that the UK merchant fleet enjoys. This can include additional help with port inspections and detentions, consular support, and even protection by the Royal Navy.
Furthermore, these jurisdictions are appealing for their ease of administration, their tax rates (including favourable local corporate tax laws), and their adherence to the Paris Memorandum of Understanding on Port State Control (Paris MoU).
The Paris MoU is an international agreement for managing port access by ships, to which a total of 27 countries are signatories. It governs safety rules and inspections and standardises port procedures across member states. Other MoUs around the world cover different regions and countries.
Every vessel has a risk profile, which determines what inspections are required on arrival at a foreign port, and the flag the vessel is flying forms a major part of that risk profile.
It is therefore best to flag in a low-risk country which has good standing with the Paris and other MoUs, not least because, effectively, the lower the risk profile accorded to a yacht, the fewer inspections that are needed.
Another important factor is that flag registers for states signed up to MoUs allow yachts to operate under the Temporary Import Regime. This enables non-European-owned vessels to operate for 18 months without being subject to custom duties or the EU’s Value Added Tax (VAT).
Spotlight on the Cayman Islands – why register your yacht there?
Within the REG, there are a number of advantages to registering a vessel in the Cayman Islands.
- First and foremost it is a neutral, politically-stable and highly-regarded jurisdiction that has been white-listed under both the Paris and Tokyo MOUs, an REG member, and is as a transparent and well-regulated offshore finance centre. Vessels benefit from being marked with a neutral port of registry, and one which enjoys a strong reputation for quality that is familiar with port authorities around the world.
- A wide range of global citizens are entitled to register their vessels under the Cayman Islands flag, which can help to avoid the need for company formation (which otherwise can be a useful mechanism for accessing flag registries which have certain restrictions such as nationality, but which can also add complexity for owners). If the owner of the vessel is not a Cayman resident, or the owning company is not incorporated in the Cayman Islands, then a Cayman Representative Person must be appointed to represent the owning party with respect to the serving of required documents and/or instructions under Cayman law.
- Cayman Island-registered yachts are not required to physically visit the Cayman Islands – ever. It has a network of international offices to facilitate transactions across different time zones, and Cayman Islands registration is valid worldwide. Documentation is issued in English, and is widely understood and accessible – reducing friction when dealing with port authorities.
- The Cayman Islands Register of Ships provides proof of title and enables the owner to register a mortgage on the vessel. Yachts can be coded and operated as commercial charter yachts. ‘Ship Under Construction’ registration is also available, allowing yachts to be registered while they are still being built, to provide owners with greater security during the construction process.
- The Cayman Islands’ ship registry is funded, operated, backed and staffed by the government. It therefore has excellent levels of service, driven by a customer-first ethos, resulting in a quick turnaround of applications. With so many yachts on the register, its staff have a wealth of experience. Registry fees are competitive, while the Cayman Islands does not levy insurance premium tax (which, for example, stands at 6% in the UK).
In summary, there are several material considerations which all have a bearing on the ease with which yacht owners can enjoy their craft, and the administrative and financial burden they might incur along the way. Selecting the most appropriate flag state, in consultation with suitable maritime counsel and your yacht broker, is fundamental to this.