Liberia: Shipping Comparative Guide

1 Legal framework

1.1 Which legislative and regulatory provisions govern the shipping sector in your jurisdiction?

• The Liberian Maritime Law, Title 21 of the Liberian Code of Laws of 1956, as amended;
• The Liberian Maritime Regulations (Liberian Maritime Law 108);
• The Liberian Maritime Fees Regulations (Liberian Maritime Law 108A);
• Marine notices and policy letters published by the Liberian International Ship & Corporate Registry, LLC (LISCR); and
• Vessel Registration Requirements and Mortgage Procedure (Liberian Maritime Law 100).

1.2 Which bilateral and multilateral instruments on shipping have effect in your jurisdiction?

Liberia has entered into bilateral and multilateral agreements with a number of countries, including the United States, China, the United Arab Emirates, Belgium, France, Switzerland and Germany.

Liberia and China have entered into a reciprocal agreement under which shipowners and charterers enjoy favourable treatment at Chinese ports. Liberian flag vessels receive a preferential rate for tonnage dues when calling at any port in China; the savings from this preferential rate equate to a 28% discount for each vessel's tonnage dues.

Further, according to Marine Notice INT-001, Liberia is a party to the following:

• the International Maritime Organization (IMO) Constitution and its amendments;
• the International Convention for the Safety of Life at Sea 1974 (as amended);
• the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol;
• The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended;
• The International Regulations for Preventing Collisions at Sea 1972, as amended;
• the International Convention of Facilitation of International Maritime Traffic 1965, as amended;
• the Load Line Convention 1966, as modified by the 1988 Protocol;
• the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 and the 1973 Protocol;
• the International Convention on Civil Liability for Oil Pollution Damage 1969, as amended by the 1976 and 1992 Protocols;
• the Special Trade Passenger Ships Agreement 1971 and the 1973 Protocol;
• the Fund Convention 1971, as modified by the protocols;
• the Convention for Safe Containers 1972;
• the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, as modified by the protocol;
• the Convention on the International Maritime Satellite Organization (INMARSAT) 1976, as amended;
• the INMARSAT Operating Agreement 1976, as amended;
• the Convention on Limitation of Liability for Maritime Claims 1976, as modified by the protocol;
• the International Convention on Maritime Search and Rescue 1979 and the International Cospas-Sarsat Programme Agreement 1988;
• the Convention for the Suppression of Unlawful Acts against the Safety of Fixed Platforms 1988, as modified by the protocol;
• the International Convention on Salvage 1989;
• the International Convention on Oil Pollution Preparedness, Response and Cooperation 1990 (OPRC) and the Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances 2000;
• the International Convention for the Safety of Fishing Vessels 1977, as modified by the protocols;
• the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as modified by the protocol;
• the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;
• the International Convention on the Control of Harmful Anti-fouling Systems in Ships 2001;
• the International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004;
• the International Wreck Removal Convention 2007;
• International Labour Organization conventions and protocols, as amended;
• United Nations Conference on Trade and Development and United Nations Commission on International Trade Law conventions, including the Hamburg Rules;
• 1920 COLLISION
• the International Convention on Arrest of Ships 1952/1999;
• the Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea 1910, as modified by the protocol;
• the Hague Rules, the Hague-Visby Rules and the Hague-Visby Special Drawing Rights Rules;
• the International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation1952; and
• the United Nations Convention on the Law of the Sea 1982.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

The Liberian Maritime Authority is the body that enforces the applicable laws and regulations, and the commissioner and deputy commissioners act on its behalf.

In accordance with Section 10 of the Liberian Maritime Law, the commissioner of the Liberia Maritime Authority, appointed by the president, is in charge of all matters pertaining to domestic and foreign waterborne commerce of the republic. The commissioner may also issue regulations and rules for enforcing the Liberian Maritime Law and ensuring the seaworthiness of Liberian ships and proper manning conditions on board (Section 11 of the Liberian Maritime Law).

Section 12 of the Liberian Maritime Law provides that deputy commissioners of maritime affairs, appointed periodically by the president, may perform the administrative duties of the commissioner.

Pursuant to an Act of the Liberian legislature, the Maritime Programme is administered by LISCR - the designated and appointed agent of the government of Liberia for the purpose of aiding the commissioner in the effective administration of the Liberian Maritime Law (Section 13). There is also provision for the appointment of special agents to assist LISCR in this duty.

LISCR is a privately owned US company that operates globally to administer Liberia's ship and corporate registry.

1.4 What is the regulators' general approach in regulating the shipping sector?

According to Section 1 of the Liberian Maritime Law, the law aims to:

• encourage and foster the growth and development of foreign and domestic commerce; and
• promote and protect national defence and security.

The law also governs the rationale behind rules and regulations promulgated by the commissioner pursuant to the Liberian Maritime Law.

2 Registration

2.1 What types of vessels may be registered in your jurisdiction? What requirements and restrictions apply in this regard? Is dual registration permitted?

Section 51 of the Liberian Maritime Law provides that the following vessels are eligible for registration:

• any self-propelled or sailing vessel of 20 net tons or more owned by a Liberian citizen or national, engaged in trade within Liberia and between Liberia and other West African nations;
• any seagoing vessel of more than 500 net tons engaged in foreign trade, which is owned by a citizen or national of Liberia;
• any yacht over 24 metres which is used exclusively for pleasure and which is owned by a citizen or national of Liberia;
• any vessel under construction, which may be registered subject to approval; and
• any vessel to be used situations of international, civil, political or military crisis.

The strength of the Liberian registry is based on the number of international shipowners engaged in international trade that fly the Liberian flag outside of Liberia. Accordingly, the Liberian International Ship & Corporate Registry (LISCR) focuses on:

• seagoing vessels of more than 500 net tons engaged in foreign trade, which are owned by citizens or nationals of Liberia; and
• vessels under construction.

Regarding dual registration, the Liberian Maritime Law provides for bareboat charter registration out of and into Liberia, and recognises the recording of the bareboat charter by a Liberian entity or a foreign entity (qualified in Liberia). Such registration is provisional and is valid for a period not exceeding two years or until the date of termination of the bareboat charter, whichever occurs first.

2.2 What entities may register a vessel in your jurisdiction? What requirements and restrictions apply in this regard?

• Any corporate entity formed under the laws of Liberia may register a vessel in Liberia; and
• Any corporate entity formed under a foreign law may register a vessel in Liberia once it files to qualify as a foreign maritime entity registered in Liberia.

2.3 What body administers the shipping register in your jurisdiction?

The shipping register is administered by the deputy commissioner of maritime affairs, as delegated to LISCR.

2.4 What information is included in the shipping register? Is this publicly accessible?

The records of each vessel are maintained in a public register in the form of a separate index for the various types of certificates and documents, such as:

• certificates of provisional registry;
• certificates of permanent registry;
• bills of sale; and
• preferred ship mortgages (Section 14 of the Liberian Maritime Law).

2.5 What are the formal and documentary requirements for registration of a vessel? What is the process for registration? What is the effect of registration? What is the effect of deregistration?

Under Section 66 of the Liberian Maritime Law, all eligible vessels (see question 2.1 and 2.2) must complete the request for issuance of a certificate of registry which includes:

• a written application for registration;
• proof of ownership;
• consent to transfer from the previous registry if applicable;
• proof of payment of the relevant fees; and
• a declaration of seaworthiness of the vessel.

On receipt of the above to the satisfaction of the commissioner, a provisional certificate of registration will be issued for the vessel.

The effect of registration is that from the time of issuance of a certificate of registry until its expiration, termination, revocation or cancellation, the vessel:

• will be granted and will enjoy the right to fly the flag of Liberia exclusively; and
• will be subject to the exclusive jurisdiction and control of Liberia as the flag state.

2.6 What are the formal and documentary requirements for registration of a shipping mortgage? What is the process for registration? What is the effect of registration? What is the effect of deregistration?

Preferred ship mortgage: In accordance with Section 103 of the Liberian Maritime Law, a mortgage is recordable when it states the mortgagor's interest and the interest in the vessel. The documentary requirements and process include submission of the mortgage documents with a Hague Convention apostille or other proof of execution to the commissioner, the deputy commissioner or another appointed person, stating the mortgagor's interest and the interest in the vessel.

The effect of registration is that, upon request and payment of the prescribed fee, a certified extract of the relevant index (Preferred Mortgage Index) showing the recordal of the mortgage can be issued. Also, under Liberian law, the preferred mortgage constitutes a lien on the mortgaged vessel in the sum of the mortgage indebtedness.

Deregistration - which is evidenced by an instrument of release, satisfaction or discharge bearing the apostille of a competent state party or other proof of execution - will release the vessel from recognition of the prior mortgage and obligations thereto.

Also, the certificate of registry of a vessel that is subject to this type of mortgage will not be accepted for surrender without the mortgagee's consent, except where a provisional certificate is substituted for a permanent one.

Financing charters: In case of financing charters, the Liberian Maritime Law states that either party to the charter may file with the commissioner or deputy commissioner a true copy of the charter for recordal in the relevant index in respect of that vessel. This charter must:

• be signed by the documented owner and the finance charterer;
• be acknowledged as may be required by regulation, rule or notice; and
• include the details of the vessel, among other things.

A security interest in a vessel in favour of a documented owner evidenced by a recorded financing charter will be regarded for all purposes as a preferred mortgage on the vessel in favour of the documented owner, effective as of the date and time of filing. A documented owner has the power to grant one or more preferred mortgages encumbering the whole of a vessel and any supplements, amendments, assignments or other instruments related thereto. The mere filing or recordal of a contract as a financing charter does not constitute evidence that such contract is in fact a financing charter or that it creates a security interest.

The effect of registration is that:

• the documented owner party thereto will be deemed a mortgagee under a preferred mortgage; and
• the finance charterer will be deemed the mortgagor for all purposes under Liberian law.

Foreign mortgage: A foreign mortgage is registered in Liberia through a process called 'notation', whereby the existence of a mortgage on a ship is noted in respect of that ship in the relevant index. Essentially, this process applies only where a ship mortgage, hypothecation or similar charge or instrument has been validly executed and registered in the foreign state of registration of the vessel – this is called the 'underlying registration'.

According to the regulations, the relevant index must show:

• the name of the vessel;
• the names of the parties;
• the time and date of receipt of the instrument;
• the interest in the vessel transferred or affected;
• the amount;
• where specified, the date of maturity of any mortgage, hypothecation or similar charge;
• the foreign state of registration of the vessel; and
• the date, book and page or other identification of the registration of the instrument in that foreign state.

The documents to be filed essentially include all evidence of encumbrances and mortgages, such as the mortgage documents (eg, loan agreements, certificate of registration). This is without prejudice to any further requirements as stipulated by regulations, rules or notices issued.

Notation allows for the continued foreign legal status of the ship mortgage as made and registered in the foreign state, and terminates on the date the bareboat charterparty is terminated.

3 Port state control

3.1 Which body is responsible for port state control? What powers does it have?

The Liberian Fleet Port State Control Performance Department, under the Liberian Ship Registry, is responsible for oversight of operational, manning, training and safety management issues in Liberia.

The Liberian Ship Registry is ranked among those international ports with the best reputation worldwide, as reflected in the records of the Paris Memoranda of Understanding (MOUs), the Tokyo MOU and the United States Coast Guard. In 2021, Liberia and China signed an MOU to expand their existing working relationship which covers port state control, among other issues.

The Liberian International Ship & Corporate Registry (LISCR) also maintains and trains a worldwide network of over 450 nautical inspectors to conduct annual safety inspections and assist with port state inspections, which complement surveys conducted by the classification societies on Liberian-registered ships. These nautical inspectors are active in every major port in the world.

3.2 What penalties may be imposed for breach of the applicable laws and conventions?

Liberia is a signatory to all major safety, security and environmental protection conventions and treaties; and is an active member of the International Maritime Organization. Breach of a duty is determinable only if the duty itself is standardised.

In addition, Section 40 of the General Construction Law directs the Liberian courts to follow the common law of the United States and England where insufficient local precedent exists.

In accordance with the regulations issued pursuant to the Maritime Law, failure of ship owners and masters to ensure compliance will result in:

• the suspension or cancellation of the vessel's certificate of registry; and/or
• the imposition of a monetary penalty not exceeding $500,000.

This is in addition to any conditions necessary to bring about compliance. Until it is discharged, such penalty will constitute a maritime lien on the vessel, which in turn will subject the certificate of registry to suspension; as a result, clearance from the Liberian port will be denied.

3.3 Can decisions of the port state control authority be appealed? If so, what is the process for appeal?

Yes, decisions of the port state control authority can be appealed. Decisions of the commissioner of the Liberia Maritime Authority may appealed to the circuit courts, sitting in admiralty. Decisions of the deputy commissioner may be appealed to the commissioner. However, it is only once the administrative remedies have been exhausted that appeals can be made to the circuit courts sitting in admiralty.

An appeal of a decision of the deputy commissioner is initiated by filing exceptions to the decision with the commissioner of the Maritime Authority by registered mail within 60 days of publication of the decision. A copy of the exceptions and supporting memoranda must also be sent to the deputy commissioner. Only after this has been exhausted can an appeal be made to the courts.

The Liberian registry, through LISCR, assists owners in appealing decisions of the port state control authorities outside Liberia and will impose a flag state detention where appropriate.

4 Marine casualty

4.1 What key domestic and international provisions apply to marine casualties in your jurisdiction, and what specific considerations should be borne in mind with regard to the following? (a) Collisions; (b) Pollution; (c) Wreck removal; and (d) Salvage.

Please see question 1.2.

The following instruments are also applicable:

• the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident; and
• the Liberian Maritime Law Requirements for Marine Investigations and Hearings.

The Liberian Maritime Law and the regulations pursuant thereto include provisions on marine casualty investigations and the relevant reporting protocols. The latter include prompt reporting to the commissioner or deputy commissioner of the Liberia Maritime Authority by the ship owner or master where the casualty involves:

• loss of life;
• stranding/grounding;
• material damage affecting the vessel's seaworthiness;
• property damage of over $100,000;
• injury causing incapacitation for over 72 hours;
• correction of unsafe conditions; or
• occupational accidents onboard, as provided in Regulation 10.296(9).

4.2 Which parties may bring a marine casualty claim in your jurisdiction, and against whom?

All persons directly affected by the casualty can bring a claim against the owner of the vessel(s) that caused the casualty. Parties that are interested or indirectly affected may have a claim where its basis can be established.

These claims are subject to limitation of liability provisions as provided in the Liberian Maritime Law.

4.3 What limitation of liability regime applies to marine casualty claims and who may avail of it? What types of claims may be limited?

Section 161 of the Liberian Maritime Law sets out the claims that will be subject to limitation of liability. These include situations that are or can be categorised as marine casualties, such as death, personal injury and property damage.

Persons that may avail themselves of this right include:

• the ship owner, which includes the owner, charterer, manager and operator of a seagoing ship or agents thereto;
• salvors; and
• liability insurers.

General limits for claims are detailed in Section 165 of the Liberian Maritime Law.

4.4 How is the limitation fund constituted? What requirements and restrictions apply in this regard?

According to Section 170 of the Liberian Maritime Law, any person alleged to be liable may constitute a fund with the court in respect of claims that are subject to limitation.

The fund will comprise the sum total of the amounts being claimed together with interest from the date of occurrence until the date of the fund's constitution. A fund may be constituted either by depositing the relevant sum or by producing a guarantee considered to be adequate by the court.

4.5 Under what circumstances is the limitation of liability unavailable?

Under the Liberian Maritime Law, a carrier, its servant or agent has no right to limit liability where it is proved that the damage resulted from an act or omission of the carrier done:

• with the intent to cause such damage; or
• recklessly and with knowledge that such damage would probably result.

However, this is subject to the provisions of the international conventions to which Liberia is a signatory.

4.6 What defences are available to marine operators in the event of a marine casualty claim?

• Limitation of liability;
• Lack of personal act or omission with intent to cause the casualty;
• Lack of reckless conduct with knowledge that the casualty will result; and/or
• Time bar, as prescribed in Sections 155 and 360 of the Liberian Maritime Law.

4.7 Which bodies are responsible for investigating and responding to marine casualties? What powers do they have?

The Liberian Maritime Law gives the commissioner and/or deputy commissioner of the Liberia Maritime Authority the power to investigate and issue decisions in respect of marine casualties.

4.8 What reporting requirements apply in relation to marine casualties and what are the consequences of non-compliance?

Upon the occurrence of a marine casualty, the master must:

• immediately notify the commissioner or deputy commissioner; and
• submit a casualty report within 30 days in accordance with such regulations as the commissioner may make from time to time.

The report must be signed by the master or the highest available officer or ship's representative, detailing:

• the name and official number of the vessel;
• the type of vessel;
• the name and address of the owner;
• the date and time of the casualty;
• the exact locality of the casualty;
• the nature of the casualty; and
• the circumstances under which it took place.

Where there is a failure to execute and file a report as required hereunder, the master and vessel will each be liable to a fine of $1,000 upon notice from the commissioner.

4.9 What remedial measures may be ordered in the event of a marine casualty (eg, wreck removal, clean-up)?

The purpose of marine administrative proceedings is essentially remedial. The measures that may be ordered include better training for the purpose of enhancing safety of life at sea and protection of the marine environment.

4.10 Who may conduct salvage operations in your jurisdiction and what other requirements and restrictions apply in this regard?

According to Section 250 of the Liberian Maritime Law, the president is authorised to enter into international agreements with governments interested in the reporting, marking and removing of dangerous wrecks, derelicts and other menaces to navigation in the Atlantic Ocean outside the coastal waters bordering Liberia.

Claims for salvage operations are subject to limitation of liability.

5 Cargo claims

5.1 What key domestic and international provisions apply to cargo claims in your jurisdiction?

Please see question 1.2.

This is in addition to the provisions of the Liberian Maritime Law.

5.2 Which parties may bring a cargo claim in your jurisdiction, and against whom?

Please see question 4.2.

5.3 What limitation of liability regime applies to cargo claims and who may avail of it? What types of claims may be limited? What is the procedure for limiting liability?

Please see question 4.3.

5.4 Under what circumstances is the limitation of liability unavailable?

Please see question 4.5.

5.5 What defences are available to (a) carriers and (b) shipowners in the event of a cargo claim?

Please see question 4.6.

6 Passenger claims

6.1 What key domestic and international provisions apply to passenger claims in your jurisdiction?

Please see question 1.2.

6.2 What limitation of liability regime applies to passenger claims and who may avail of it? What types of claims may be limited? What is the procedure for limiting liability?

Please see question 4.3.

6.3 Under what circumstances is the limitation of liability unavailable?

Please see question 4.5.

7 Ship arrest

7.1 What key domestic and international provisions apply to ship arrest in your jurisdiction?

Please see question 1.2.

Liberia is a party to and has ratified UNCITRAL.

7.2 For which types of claims is ship arrest available? What requirements and restrictions apply in this regard?

Ship arrests are available for claims that create a maritime lien, such as:

• liens for maritime tort damages;
• crew wages;
• unpaid annual taxes/fees/penalties/charges under the Liberian Maritime Law and its regulations;
• liens of necessaries;
• lack of licence of seafarers;
• general average; and
• salvage.

The claims are subject to the limitation of liability provisions in the Liberian Maritime Law. Once a limitation fund has been constituted in accordance with Section 170, any ship belonging to a person on whose behalf the fund has been constituted which has been arrested in Liberia for a claim which may be raised against the fund, or any security given, may be released by order of the court.

7.3 Are maritime liens recognised in your jurisdiction? If so, what claims give rise to maritime liens? What is the difference (if any) between arrest of a ship for a maritime claim and a maritime lien?

Yes. Maritime liens are special property rights - usually privilege claims arising in favour of the creditor by operation of law as a security for a debt or claim.

Please also see question 7.2.

The essential difference is that the maritime lien may not necessarily arise from a general maritime claim, as some statutory violations can give rise to maritime liens.

7.4 Under what circumstances is the arrest of sister ships and associated ships available? What requirements and restrictions apply in this regard?

The arrest of sister ships and associated ships is not available.

7.5 Under what circumstances can bareboat and time-chartered vessels be arrested?

Please see questions 7.2 and 7.3.

7.6 What are the formal and documentary requirements for arresting a vessel? What is the procedure and how long does this take? Must a countersecurity be provided? What other costs are incurred?

In applying for an arrest, the petitioner must present its case to the appropriate court in a 'petition' or a 'complaint', verified under oath by either the seafarer or his or her attorney. The court will review this pleading and will then enter an order instructing the clerk of the court to issue a warrant of arrest. The warrant of arrest is then served on the ship by the US marshal. A guard is placed on board the ship and the ship cannot leave the port until the court issues another order releasing the ship.

Countersecurity (upon a counterclaim) or a limitation action (with a limitation fund) can be filed by the ship or its owner. Other costs incurred include:

• the normal deposit required by the US marshal and clerk of court for the arrest of the ship;
• the costs of maintaining the ship while it is under arrest (custodia legis); and
• potentially, attorneys' fees.

7.7 What is the procedure to release a ship from arrest and how long does this take? What security must be provided and how is this calculated?

Upon the filing of a countersecurity or the constitution of a limitation fund, an order of the court releasing the vessel may be granted upon application by the ship owner.

Please also see question 7.6 and Section 170 of the Liberian Maritime Law, which provides that the fund to be constituted in the case of a limitation fund for claims subject to limitation should be of the same amount as the claim, together with interest thereon from the date of occurrence to the date of constitution.

7.8 What is the test for wrongful arrest in your jurisdiction?

The onus is on the party challenging the arrest. This issue is brought before the court for its consideration through a counterclaim filed by the ship owner (ie, party challenging the arrest).

7.9 Are any alternatives to ship arrest available in your jurisdiction?

• Quasi-in rem actions; and
• Attachment of property.

8 Judicial sale of a vessel

8.1 What key provisions apply to the judicial sale of vessels in your jurisdiction?

Please see question 1.2.

The Liberian Maritime Law also provides for judicial sale as any sale of a vessel of a competent authority:

• by way of public auction or private treaty; or
• by any other appropriate ways provided for by the law of the state of judicial sale by which title to the vessel, free of mortgages and any other encumbrances, is issued to the purchaser and the proceeds of sale are made available to the creditors

8.2 What is the procedure for judicial sale of an arrested vessel and how long does this take? What costs are incurred?

If the vessel goes to a marshal's sale, it normally takes at least three to four months from arrest of the vessel to appraisal, advertisement and actual sale of the vessel. Thereafter, each party makes a claim to the court for the amount of its maritime lien.

8.3 How are the proceeds of sale distributed?

The order for the distribution of the proceeds of sale is as follows:

• the costs of maintaining the ship while it is under arrest;
• unpaid wages; and
• any mortgage(s) on the vessel.

8.4 What is the legal effect of the judicial sale of a vessel?

The legal effect of the judicial sale of a vessel is essentially settlement, deregistration and recordal in the Liberian Corporate Registry.

9 Environmental issues

9.1 What key domestic and international provisions apply to shipping emissions in your jurisdiction?

Please see question 1.2.

While Liberia has signed up to the International Maritime Organization (IMO) regulations on shipping emissions, it has rejected the EU regulations on emissions in international shipping.

9.2 What key domestic and international provisions apply with regard to the sulphur content of marine fuel in your jurisdiction?

All regulations and protocols of the IMO in respect of sulphur content apply to Liberia, including the IMO 2020 Global Sulphur Limit.

9.3 What key domestic and international provisions apply with regard to ship recycling in your jurisdiction?

Please see question 1.2.

All regulations and protocols of the IMO in this respect apply to Liberia, including Marine Notice POL-013 Rev 02/18, which implemented the Revised Annex V Regulations for the Prevention of Pollution by Garbage from Ships of the International Convention for the Prevention of Pollution from Ships.

9.4 What other environmental issues and concerns should shipowners and operators be aware of in your jurisdiction? What best practices should they follow?

In relation to the global race to net zero, Liberia has clearly signalled its support for the 2018 IMO Strategy as opposed to the EU Emissions Trading System.

Also, in Liberia's 2020 First Biennial Update Report to the United Nations Framework Convention on Climate Change, the arrangements of related climate change institutions in Liberia were outlined together with their functions, which include:

• providing policy guidelines for climate change-related activities; and
• coordinating interministerial collaboration between line ministries and agencies involved in climate change.

The National Policy and Response Strategy on Climate Change has been prepared by Liberia's Environmental Protection Authority and aims to tackle the impact of climate change in Liberia. It is based on national demand from the climate impact on social, economic and environmental assets.

10 Employment issues

10.1 What key domestic and international provisions apply to the health and safety of maritime workers in your jurisdiction?

Please see question 1.2. The Liberian Maritime Law and its attendant regulations also apply.

10.2 What other employment issues should shipowners and operators be aware of with regard to maritime workers in your jurisdiction?

According to Section 320 of the Liberian Maritime Law, prior to any Liberian vessel of 75 net tons or more sailing from any port, there must be shipping articles (sometimes referred to as 'articles') for every seafarer on board the vessel, except those not deemed to be seafarers. The shipping articles must:

• be written or printed;
• be subscribed by every seafarer shipping on the vessel; and
• state:
• • the period of engagement or voyage or voyages and the term or terms for which each seafarer shall be shipped;
  • the rate of pay for each; and
  • such other items as may be required by regulation.

Also, Section 327A empowers the Liberia Maritime Registry to enact regulations to ensure that seafarers have access to an efficient and appropriately regulated seafarer recruitment and placement system.

On an international scale, Liberia has ratified a total of 25 conventions. Out of 25 conventions ratified by Liberia, of which 14 are in force:

• eight conventions have been denounced;
• three have been abrogated; and
• none have been ratified in the past 12 months.
• Fundamental conventions: six of eight.
• Governance conventions (priority): two of four.
• Technical conventions: 17 of 178.

11 Disputes

11.1 In which forums are shipping disputes typically heard in your jurisdiction?

Shipping disputes can be brought before the circuit courts of Liberia, sitting in admiralty. However, disputes are typically brought outside of Liberia, where the incident occurred or where the parties are conducting business.

11.2 What issues do such disputes typically involve? How are they typically resolved?

Please see question 11.1.

11.3 Have there been any recent cases of note?

Please see question 11.1.

12 Trends and predictions

12.1 How would you describe the current shipping landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Proposed legislation includes an amendment to Chapter 3 of Liberian Maritime Law 107 on preferred ship mortgages and maritime liens on Liberian vessels, which would remove the requirement for loan documentation or other forms of instruments evidencing a debt to be attached to a preferred ship mortgage.

13 Tips and traps

13.1 What are your top tips for shipowners and operators in your jurisdiction and what potential sticking points would you highlight?

Liberia is home to one of the most efficient and safest ship registries in the world, which is used by the highest-quality owners.

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.