Cook Islands vessel operating in Australia

ABOUT US

KIA ORANA,

Maritime Cook Islands (MCI) operates an open registry for ships and yachts through a network of Deputy Registrars and Agents around the world. As the flag state administration, we perform all flag state responsibilities under a delegated authority by the Cook Islands Ministry of Transport.

Our headquarters are based in Rarotonga, Cook Islands and are supported by our international offices in Italy, Monaco, Croatia and Denmark.

MCI is comprised of a team of professionals dedicated to ensuring that our clients have a hassle free vessel registration experience through the delivery of prompt and efficient services with a primary focus on safeguarding the interests of our shipowners, mortgagees, charterers and the welfare of all crew aboard our Cook Islands flagged vessels.

Moeroa Matheson

Co-CEO

& Registrar of Ships

MCI ADVANTAGES

Maritime Cook Islands is committed to continuous sustainable improvements of our people, our services and our systems, to ensure safe and secure shipping on clean oceans.

SERVICES

PRIVATE YACHT REGISTRATION

Private use means the yacht being used for personal voyages or excursions, with no involvement in commercial activities such as transporting goods or carrying passengers for payment. MCI provides a straightforward registration process to facilitate a seamless and efficient combination of safety and registration procedures.

All yachts under 24 meters must comply with the Cook Islands Small Yacht Code and all Yachts over 24 meters must comply with the LY3 or Cook Islands Large Yacht code regulations.

COMMERCIAL YACHT REGISTRATION

Commercial Yacht means, a yacht engaged in trade or commerce or on charter for hire. All yachts under 24 meters must comply with the Cook Islands Small Yacht Code and all Yachts over 24 meters must comply with the LY3 or Cook Islands Large Yacht Code. All yachts over 500GT are required to be classed and surveyed by an IACS Class.

NEW BUILDS / UNDER CONSTRUCTION

In new yacht construction, the involved parties comprise the Client, Shipyard, Classification Society, and Flag Administration. Such parties will agree upon Construction standards and specifications as well as the division of responsibilities

DUAL REGISTRATION

PRIVATE /COMMERCIAL

Dual registration allows a vessel to operate under two different categories: private yacht and commercial yacht. When operating under private registration (with the lowest safety standards), the vessel must comply with all safety standards of commercial registration, except for minimum safe manning.

DEMISE CHARTER IN

A Demise Charter for a vessel involves the transfer, lease, or delivery of the vessel to the Charterer, granting them full possession and control, along with the right to appoint the vessel's master and crew. Please note that once the Demise Charter comes to an end, the vessel automatically reverts to the underlying flag.

WORLD WIDE SURVEYORS

COOK ISLANDS APPROVED SURVEYORS

Maritime Cook Islands has established a global network of inspectors and Auditors. The extensive network enables the representatives of MCI to effectively address the needs of shipowners in the majority of major ports worldwide. Their presence and expertise provide valuable assistance and support to shipowners, ensuring compliance with regulations and facilitating seamless operations in various international ports.

CLASSIFICATION SOCIETIES

Maritime Cook Islands has established formal agreements with members of the International Association of Classification Societies (IACS). These agreements signify a strong partnership and collaboration between Maritime Cook Islands and IACS members. Through these arrangements. Maritime Cook Islands can leverage the expertise and resources of IACS members to enhance services and support provided to ship owners. This collaboration ensures adherence to international maritime standards and promotes safety, compliance, and quality within the maritime industry.

SURVEY SERVICES

PRE-CODING INSPECTION

Yachts looking to transition from private to commercial status require a pre-inspection survey and code analysis. Many Private yachts adhere to CE certification and ABYC Standards (USA) during construction. However, the Cook Islands Technical Department must assess compliance with the Small Yacht Code or Large Yacht Code regulations before considering eligibility for commercial registration.

ISM, ISPS, MLC AUDITS

The Marine Operation and Compliance Department supervises the survey and certification process concerning ISM (International Safety Management), ISPS (International Ship and Port Facility Security Code), and MLC (Maritime Labour Convention). MCI adopts a close coordination approach with the approved Recognised Organisations acting on its behalf, providing instructions and concurrence as necessary. In some selected cases MCI can perform direct audits and issue relevant certification.

HOW TO REGISTER?

COOK ISLANDS REGISTRATION

SUPPORTING DOCUMENTS

Bill of Sale / Builders Certificate

Evidence of Shareholding of Owners

Cook Islands Certificate of Incorporation

Copy of current P&I (including MLC) under the previous flag

Classification Certificates under the previous flag

Copy of Charter Agreement (if charter registration)

Written consent from the underlying flag to charter to Cook Islands Flag (if charter registration)

All copies of previous CSR. CSR Form 2, CSR Form 3 (as per SOLAS Chapter XI-I Regulation 5-8) (all vessels over 500GT)

Vessels’ last Port State Control Reports (in the last 3 years) (Merchant and Commercial yachts over 300GT)

All officers onboard must apply for STCW Endorsement

Pre-registration Inspection / Pre Coding (if applicable) rving and Markings Note, including current photo of vessel.

Proof of Deletion from previous flag (if applicable)

Proof of suspension from previous flag (if charter registration)

Completed copies of all previous closed CSR (as per SOLAS Chapter XI-1 Regulation 5-8) (all vessels over 500GT)

Copy of Long Range Identification Tracking (LRIT) Conformance Test Report (CTR)

Classification Certificates under previous flag (vessels > 500GT)

Copy of P&I Policy evidencing financial security for MLC regulation 2.5 and 4.2 (applicable to all commercial vessels; MCI requires that the MLC financial security is maintained and will require evidence that it is maintained).

Maritime Cook Islands is committed to continuous sustainable improvements of our people, our services and our systems, to ensure safe and secure shipping on clean oceans.

SERVICES OWNERSHIP

INTERNATIONAL COMPANY INCORPORATION

The Cook Islands International Companies Act 1981-82 governs the formation and activities of international companies. The structure of the International Companies Act allows companies to be formed and operated with both flexibility and administrative ease. An International Company must be incorporated through a licensed trustee company, which will handle the registration process and administrative duties.

MORTGAGE REGISTRATION

MORTGAGE REGISTRATION

The Cook Islands has embraced the British legal tradition, positioning itself as one of the most efficient jurisdictions worldwide for legal proceedings. Notably, it offers robust safeguards for mortgagees’ rights, which appeals to banks seeking to support vessel owners who intend to register their ships under the Cook Islands flag. The Cook Islands’ registered mortgages benefit from the protection provided by its Common Law legal system.

INSURANCE

Nairobi International Convention on the Removal of Wrecks, 2007

Registered owners of ships above 300GT will need insurance cover arrangements, which meet the requirements of the Convention. The Convention provides a strict liability, compensation and compulsory insurance regime for States affected by a maritime casualty.

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001

The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of States Parties. This applies to vessels over 1,000GT

International Convention on Civil Liability for Oil Pollution Damage (CLC), 1992

The Convention applies to all seagoing vessels carrying oil in bulk as cargo, but only ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil pollution damage.

FAQS

Q 1. What should be considered when importing a vessel into Australia with a foreign flag and no intention of departing?

A: When importing a Commercial vessel to Australia it is important to comply with the Australian Special Recreational Act. The legislation offers a 12-month temporary license that exempts the owner from Goods and Services Tax (GST). Additionally, there is an option to extend the license for up to 18 months.

Q 2: Is there any specific guidance regarding tax advice for vessels imported to Australia under a foreign flag?

A: Maritime Cook Islands does not provide tax advice about Commercial vessels imported to Australia. For enquiries regarding tax matters, it is recommended to consult professionals from Price Waterhouse Coopers or Pacific Maritime Lawyers. These professionals can offer specialised guidance on tax-related concerns.

Q 3: Can I operate a Cook Island-flagged vessel in Australia?

A: Yes. To operate a vessel in Australia on a long-term basis, it must undergo the ‘import’ process, which involves payment GST and Dutỵ Once this procedure is completed, no legal obstacles are preventing a foreign flag from operating the Australia. For more information contact Pacific Maritime Lawyers.

Q 4: Is it possible to provisionally register my vessel under the Cook Islands flag?

A:If the vessel is currently Australian flagged it will need to be deleted from the Australian flag before registering with the Cook Islands flag. The change of flag process can happen simultaneously and the vessel will be required to complete the Cook Islands Permanent registration and survey requirements prior to CI registration.

Q 5: Can I have a Demise Charter registration with the Cook Islands if I am flagged with Australia?

A: You will need to apply for an exemption/deletion from the Australian flag to enable the charter into Cook Islands flag. The change of flag process can happen simultaneously and the vessel will be required to complete the Cook Islands Permanent registration and survey requirements prior to CI registration.

Q 6: Does the Cook Islands accept MCA/RYA qualifications for service aboard a Cook Islands-flagged vessel?

A: The Cook Islands accepts MCA/RYA qualifications for endorsement and service aboard a Cook Islands flagged vessel. The qualification must be valid for service in accordance with the intending vessel type, length and or tonnage, the trade area and nature of operation.

Q 7: Does the Cook Islands accept AMSA Near Coastal (NC) CoCs for service aboard a Cook Islands flagged vessel trading within Australia?

A: The Cook Islands accepts AMSA issued NC CoCs for service within the Australian EEZ. For international voyages, crew must hold STCW issued certificates or equivalent appropriate to the vessel they are serving on.

Q 8: If the crew hold AMSA NC CoCs, which online endorsement application form are we required to apply through?

A: All endorsement applications for CoCs issued out of the STCW Convention (RYA/AMSA NC CoCs) can be applied for via our Non-STCW application form available on our Maritime Cook Islands website.

Q 9: For private trade, is there a requirement to have the crew serving to hold endorsement certificates issued by the Flag?

A: Private yachts are exempt from the STCW Convention, as amended and therefore the crew are not required to apply nor hold Flag Endorsement Certificates.

FLEET HIGHLIGHTS

Superyachts (6)

New Builds (3)

Superyachts (3)

TOTAL

Superyachts (5)