ARTICLE
10 September 2014

The New Agreement On Merchant Shipping Between Cyprus And Georgia

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Elias Neocleous & Co LLC

Contributor

Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The new agreement on merchant shipping between Cyprus and Georgia, which was signed on 5 February 2014, entered into force on 24 May 2014.
Cyprus Wealth Management

The new agreement on merchant shipping between Cyprus and Georgia, which was signed on 5 February 2014, entered into force on 24 May 2014. Its main provisions are as follows.

Equivalent treatment

Each country will treat vessels of the other in the same way as it treats its own vessels engaged in international voyages in respect of free access to ports, use of ports for loading and unloading of cargoes and for embarking and disembarking passengers, payment of dues and taxes based on the tonnage or otherwise, in accordance with the national legislation, exercising normal commercial operations and use of services related to navigation (Article 4).

Parallel registration

Vessels of one country may be registered in parallel for a specified period of time in the register of ships of the other and fly that country's flag, provided that the vessel is bareboat chartered by a national of the second country or by a corporation registered there which is qualified to own a vessel flying its flag (Article 5).

Crew facilities

Each country will recognise the identity documents issued by the competent authorities of the other contracting party to members of the crew who are its nationals (Article 9).

Crew members holding the seafarer´s identity documents specified in Article 9 of the Agreement, together with any members of their families embarked on the same vessel, are permitted to stay for temporary shore leave during the stay of the vessel in a port of the other contracting party, without any requirement for a visa, provided the Master of the vessel has submitted the list of persons on board the vessel to the appropriate authorities, in accordance with the national legislation in force in that port (Article 10).

Shipowners of one country may engage, in accordance with its relevant legislation in force, qualified nationals of the other country for the safe manning of merchant vessels (Article 13).

Shipwrecks and accidents

If a vessel of one country is shipwrecked, runs aground, is cast ashore or suffers any other accident off the coast in the territorial sea of the other, the vessel and the cargo will be given the same benefits and privileges and be subject to the same liabilities as a vessel of the second country and its cargo (Article 16).

Remittance of income

Shipping companies of either country may use income and other revenue obtained in freely convertible currency within the territory of the other contracting party and deriving from maritime transport operations for the purpose of making payments in the territory of that contracting party. Any surpluses, after settlement of all amounts due locally, including tax, if any, are freely remittable abroad (Article 18).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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