A kind of it’s own

IT is not possible to truly understand the relationship between Holland and the Netherlands Antilles without looking at its history. While Indonesia and Surinam were being granted their independence from Holland in 1948 and 1975 respectively, the Netherlands Antilles opted to remain in the Kingdom of the Netherlands. It gained autonomy in 1954, laid down in the Charter of the Kingdom of the Netherlands. The charter is considered to be a constitution “sui generis” - a kind of its own.

Responsibilities of the nation are divided between the kingdom government and the national governments. The group of islands which make up the Netherlands Antilles (Aruba until 1986, Bonaire, Curaçao, Saba, St Eustatius and St. Maarten) formed a federation headed by an elected prime minister as the political head of the government.

Responsibilities for maritime law within the kingdom have also been divided in a similar way. Setting the rules for the nationality of ships and the regulations regarding safety of life at sea are tasks of the kingdom government. All other legislation in the maritime field is dealt with by the national governments. Home to busy ports such as Willemstad, Phillipsburg and Oranjestad (St Eustatius) and a reasonable-sized ship registry, the Netherlands Antilles wisely chose to internationalise its maritime law.

Using the autonomy created for the Netherlands Antilles, it managed to shape its Dutch-oriented registry into something of its own. A striking example is the fact that a Netherlands Antilles ship is, in fact, a Dutch ship registered in the Netherlands Antilles. Flagging a ship in the Netherlands Antilles gives the right to fly the flag of the Kingdom of the Netherlands, with the Dutch red/white/blue ensign serving as the kingdom flag. The ship, therefore, enjoys the protection of the Dutch flag yet still benefits from the advantages offered by an open registry. Companies such as Holland America Line, Shell Tankers, Dammers & van der Heide, Van Ommeren Shipping and Anthony Veder are just a few of the companies which have taken advantage of this special twist of nationality

The very attractive tax incentives, freedom in the choice of crew, including the master of the ship (unlike the Dutch), extended involvement of classification societies and application of international regulations (IMO and ILO conventions) has opened the door to the world shipping community. In fact, many of the incentives developed by the Netherlands Antilles register have been adopted by the traditionally less flexible Dutch registry such as the tonnage tax, bareboat charter registration, and employment of foreign crew.

Over the years the register has developed to become a flexible, reliable and high-quality register with a good safety record. This is partly because both Holland and the Netherlands Antilles are responsible for the safety of the ships flying the Dutch flag. The Netherlands Shipping Inspectorate controls quite a number of ships registered in the Netherlands Antilles. At the request of a shipowner, the flag state control of its Netherlands Antilles ships may be exercised by Holland, but it is only safety issues which may be part of this delegation of authority.

Today, ship registry in the Netherlands Antilles is relatively easy. The ship should have Netherlands Antilles nationality. The owning company could be a limited liability company incorporated in the Netherlands Antilles, Holland or Aruba. In addition, companies established in one of the member countries of the European Union may register a ship in the Netherlands Antilles without the need to incorporate a local company. In this case, a resident representative should be appointed.

The ship itself should be classed with one of the major classification societies, which have far-reaching authorisation to act on behalf of the Shipping Inspectorate of the Netherlands Antilles (SINA), and to carry out mandatory surveys on board Netherlands Antilles ships.

Approval of stability information, manuals, documents of authorization (grain, dangerous cargoes), shipboard oil pollution prevention plans, and other documents that need approval by the flag state may be carried out by class surveyors, without prior authorisation by the SINA. Vessels should also comply with all IMO conventions such as SOLAS, Marpol, STCW, Colregs, Load lines, London Tonnage Convention, ISM, Civil Liability Convention, Fund Convention etc. The costs of registration are comparable to other open registries. SINA employs a number of flag state surveyors who are constantly available to shipowners for assistance and advice. This personal touch has proved very valuable when ships need assistance in foreign ports.

It can be said that the tropical Dutch Antilles ship registry “sui generis” is something of a unique experience for shipowners.