CDP – 200 Vessel Registration and Mortgage

Total Page:16

File Type:pdf, Size:1020Kb

CDP – 200 Vessel Registration and Mortgage Table of Contents 1 ..................................................................................................................................................................................... 7 Overview: The Commonwealth of .............................................................................................................................. 7 Dominica International Ship Registry ....................................................................................................................... 7 1.1 Dominica Maritime Registry, Inc. ................................................................................................................... 7 1.2 Vessels Eligible for Registration in the Commonwealth of Dominica ............................................................ 8 1.2.1 VESSEL CLASSIFICATION .................................................................................................................. 8 1.2.2 VESSEL AGE .......................................................................................................................................... 8 1.2.3 VESSEL NAME ....................................................................................................................................... 9 1.2.4 VESSEL OWNERSHIP ........................................................................................................................... 9 1.2.5 FISHING VESSELS ................................................................................................................................. 9 1.3 Vessel Registration and Mortgage Recordation............................................................................................... 9 1.3.1 CLOSINGS ............................................................................................................................................... 9 1.3.2. REGISTRATION FORMS .................................................................................................................... 10 1.3.3 FACSIMILES ......................................................................................................................................... 10 1.3.4 AUTHENTICATIONS .......................................................................................................................... 10 1.3.5 MEMORANDUM OF AGREEMENT ................................................................................................... 11 1.3.6 CLOSING AGENDA ............................................................................................................................. 11 2 ................................................................................................................................................................................... 13 Vessel Ownership .................................................................................................................................................... 13 2.1 Foreign Maritime Entities .............................................................................................................................. 14 2.1.1 CREATION ............................................................................................................................................ 14 2.1.2 FEES ....................................................................................................................................................... 15 2.2 Commonwealth of Dominica International Business Companies.................................................................. 15 2.3 Commonwealth of Dominica National Owned Business Organizations ....................................................... 16 3 ................................................................................................................................................................................... 17 Vessel Registration .................................................................................................................................................. 17 3.1 Newbuilding Under Construction .................................................................................................................. 17 3.1.1 APPLICATION FOR INTENDED REGISTRATION OF NEWBUILDING ....................................... 17 3.1.2 SHIPBUILDER’S LETTER ................................................................................................................... 18 3.1.3 DELIVERED VESSEL NOT REGISTERED UNDER THE COMMONWEALTH OF ...................... 18 DOMINICA FLAG ......................................................................................................................................... 18 3.2 Provisional Registration ................................................................................................................................. 18 3.2.1 APPLICATION FOR REGISTRATION............................................................................................... 19 3.2.2 REQUIRED DOCUMENTS TO BE SUBMITTED WITH APPLICATION FOR REGISTRATION . 19 3.2.4 ISSUANCE OF CERTIFICATE OF REGISTRY .................................................................................. 22 3.3 The Permanent Certificate of Registry .......................................................................................................... 23 3.3.1 APPLICATION FOR PERMANENT CERTIFICATE OF REGISTRY ............................................... 23 3.3.1.2 REQUIRED DOCUMENTS TO BE SUBMITTED WITH APPLICATION ..................................... 23 3.3.3 Permanent Certificate of Registry .......................................................................................................... 27 3.4 Renewal of Permanent Registration.............................................................................................................. 27 3.5 Re-registration of a Commonwealth of Dominica Vessel ............................................................................ 27 3.5.1 CERTIFICATE OF PERMISSION FOR SALE .................................................................................... 27 3.5.2 APPLICATION FOR RE-REGISTRATION OF VESSEL.................................................................... 27 3.5.3 REQUIRED DOCUMENTS TO BE SUBMITTED WITH APPLICATION FOR RE- REGISTRATION ............................................................................................................................................ 28 3.5.4 RE-REGISTRATION FEES AND SERVICE FEES ............................................................................. 32 CDP 200 Rev04 VESSEL REGISTRATION & MORTGAGE RECORDATION 2 DOMIINICA MARITIME REGISTRY 3.5.5 ISSUANCE OF CERTIFICATE OF REGISTRY .................................................................................. 32 3.6 Failure to Renew Vessel Registration ............................................................................................................ 32 3.7 Change of Name of Vessel ............................................................................................................................ 32 3.7.1 Procedure for Vessel Name Change ....................................................................................................... 33 3.7.2 CHANGE OF VESSEL NAME FEE ..................................................................................................... 33 3.7.3 CERTIFICATES ISSUED ...................................................................................................................... 33 3.8 Change of Name of Owner ............................................................................................................................ 33 3.8.1 PROCEDURE FOR CHANGE IN NAME OF OWNER ....................................................................... 34 3.8.2 FEE FOR CHANGE IN NAME OF OWNER ...................................................................................... 34 4 ................................................................................................................................................................................... 35 Bareboat Charter Registration ................................................................................................................................ 35 4.1 Bareboat Charter Registration into the Commonwealth of Dominica Flag ................................................... 36 4.1.2 Application for Bareboat Charter Registration ....................................................................................... 36 4.1.3 Required Documents to be submitted with Application ......................................................................... 36 4.1.4 RECORDATION OF CHARTERPARTY ............................................................................................ 38 4.1.5 REGISTRATION AND SERVICE FEES ....................................................................................... 39 4.1.6 ISSUANCE OF CERTIFICATE OF BAREBOAT REGISTRY..................................................... 39 4.1.7 Mortgage on Vessel Under Commonwealth of Dominica Bareboat Charter Registration .............. 40 4.2 Bareboat Registry in a Foreign State ............................................................................................................. 41 4.2.1 Application for Permission to Bareboat Out of the Commonwealth of Dominica .......................... 41 4.2.2 Required Documents to Accompany Letter of Application ............................................................. 42 4.2.3 Filing of Charterparty
Recommended publications
  • A Review of the Preferred Ship Mortgage
    Fordham Law Review Volume 31 Issue 2 Article 1 1962 Security at Sea: A Review of the Preferred Ship Mortgage Richard Gyory Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Richard Gyory, Security at Sea: A Review of the Preferred Ship Mortgage, 31 Fordham L. Rev. 231 (1962). Available at: https://ir.lawnet.fordham.edu/flr/vol31/iss2/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Security at Sea: A Review of the Preferred Ship Mortgage Cover Page Footnote The author wishes to acknowledge the helpful suggestions of Martin Gold, Esq. and Lloyd Reed, Esq. of the New York Bar. *Member of the New York Bar This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol31/iss2/1 SECURITY AT SEA: A REVIEW OF THE PREFERRED SHIP MORTGAGEt RICHARD GYORY* IN JU TE 1920, Congress climaxed a burst of legislative activity directed to the Merchant Marine by passing the Ship Mortgage Act.' Its purpose was to furnish realistic financing for the maritime field, and to help the Government dispose of three billion dollars' worth of tonnage acquired during World War I.2 Entering its fifth decade, the preferred ship mortgage is the subject of extensive economic activity on the part of the Government and pri- vate investors.3 At the same time, the preferred ship mortgage is under- going the most intense litigational period in its history." This litigation I The author wishes to acknowledge the helpful suggestions of Martin Gold, Esq.
    [Show full text]
  • Duties Owed by Mortgagees of Ships When Exercising Their “Power of Sale” September 2018
    BRIEFING DUTIES OWED BY MORTGAGEES OF SHIPS WHEN EXERCISING THEIR “POWER OF SALE” SEPTEMBER 2018 ● ENGLISH ADMIRALTY COURT SUMMARISES MORTGAGEE’S DUTIES UNDER ENGLISH LAW ON SALE OF A SHIP ● LIBERIAN AND MARSHALL ISLANDS FLAG SHIPS WILL LOOK TO US LAW AND UNIFORM COMMERCIAL CODE ● BEST GUIDANCE OF MARKET VALUE IS EVIDENCE OF ACTUAL SALES OF SIMILAR VESSELS In the recent case of Close Brothers v (1) AIS (Marine) 2 Limited and (2) Paul Chandler1, the English Admiralty Court has reviewed and provided a helpful summary of a mortgagee’s duties under English law on sale of a ship. The decision is a useful reminder that a mortgagee will need to consider more than its own interests in such a situation. Background Ship mortgages registered in many flag states (including the UK, Singapore, Hong “‘SELF-HELP’ REMEDIES, Kong, Gibraltar, Cyprus, Malta, the Marshall Islands and Liberia) entitle the MAY GIVE MUCH QUICKER mortgagee, when the mortgage becomes enforceable to sell the mortgaged ship by using its ‘power of sale’ in the mortgage and/or its appointment as the owner’s AND MORE COST- attorney under the general power of attorney granted in the mortgage. These rights, EFFECTIVE RELIEF THAN sometimes known as ‘self-help’ remedies, may give much quicker and more cost- FORMAL COURT ARREST effective relief than formal court arrest and sale processes, which can take many months or even years in some parts of the world. AND SALE PROCESSES.” A mortgagee who enforces its security by exercising its ‘power of sale’ must not, however, overlook its defaulting owner’s interest in the ship, sometimes called the ‘equity of redemption’, when concluding such a sale.
    [Show full text]
  • 1963 REGISTRATION of SHIPS UNDER CONSTRUCTION 2 .Pdf 195.65 KB
    (iNTERNATIONALMARITIME COMMITTEE J International Subcommittee on REGISTRATION OF SHIPS UNDER CONSTRUCTION 2. REPLIES TO QUESTIONNAIRE ITALY RSC 4 SWEDEN RSC 5 DENMARK RSC 6 NETHERLANDS RSC 7 GERMANY RSC8 FEBRUARY 1963 RSC -4 11 - 62 ITALIAN MARITIME LAW ASSOCIATION REGISTRATION OF SHIPS UNDER CONSTRUCTION REPLY TO THE QUESTIONNAIRE I. The questionnaire. Registration of ships under construction in an official register is compulsory in Italy, pursuant to article 233 of the navigation code which reads as follows 233. (Declaration of construction). Whoever undertakes the con- struction of a vessel or craft shall previously file with the competent office of the place where the construction of the hull is going to be carried out a declaration thereof indicating the yard and the factory where the hull and the propelling machinery will be constructed. and the names of the persons who will be in charge of such construction. The office shall register such declaration in the register of ships under construction. The changement of the persons in charge of the constructions shall likewise be notified to the office and endorsed on the registrar. Registration of ships under construction must be effected, as stated in article 233 of the navigation code, prior to the commencement of the construction. The following instruments may be registered, when they refer to ships under construction: Shipbuilding contracts (article 238 of the navigation code). Contracts of sale (art. 2684 n. i of the civil code). Contracts which constitute or modify rights of usufruct or of use on a ship or which transfer such rights (article 2684 n. 2 of the civil code).
    [Show full text]
  • A Study of American Merchant Marine Legislation Clarence G
    A STUDY OF AMERICAN MERCHANT MARINE LEGISLATION CLARENCE G. MORSE* The main body of our national merchant marine legislation is found in the Merchant Marine Act of 1936, as amended.' However, that Act was preceded by other acts, some of whose provisions are still in effect as important parts of our merchant marine policy. THE FIRST COMPREHENSIVE PROGRAI-TE SHIPPING AcT OF 1916, AS AM'[NDD The Shipping Act of 1916,2 was designed to secure an American merchant marine which would be adequate for the needs of our national defense and our commerce, and to regulate competitive practices in ocean shipping for the protection of shippers, importers, exporters, carriers, and the public. The United States Shipping Board set up by the Act was authorized, with the approval of the President,' to have constructed and equipped in American shipyards and navy yards or elsewhere, giving preference, other things being equal, to domestic yards, or to purchase, lease, or charter, vessels suitable, as far as the commercial requirements of the marine trade of the United States may permit, for use as naval auxiliaries or Army transports, or for other naval or military purposes, and to make necessary repairs on and alterations of such vessels. The Board was further authorized, if unable to charter, lease, or sell to American citi- zens these and other vessels acquired by it, to form a corporation "for the purchase, construction, equipment, lease, charter, maintenance, and operation of merchant ves- 4 sels in the commerce of the United States."1 Another important feature of the Shipping Act of 1916 is its regulatory pro- visions, 5 which are operative today and are exercised by the Federal Maritime Board.
    [Show full text]
  • 2019 Marshall Islands
    Ship Finance 2019 Ship Finance Ship Finance 2019 Contributing editor Lawrence Rutkowski © Law Business Research 2019 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Ship Finance [email protected] Senior business development managers Adam Sargent 2019 [email protected] Dan White [email protected] Contributing editor Published by Law Business Research Ltd Lawrence Rutkowski 87 Lancaster Road Seward & Kissel LLP London, W11 1QQ, UK Tel: +44 20 3780 4147 Fax: +44 20 7229 6910 The information provided in this publication is general and may not apply in a specific Lexology Getting The Deal Through is delighted to publish the sixth edition of Ship Finance, which situation. Legal advice should always is available in print and online at www.lexology.com/gtdt. be sought before taking any legal action Lexology Getting The Deal Through provides international expert analysis in key areas of based on the information provided. This law, practice and regulation for corporate counsel, cross-border legal practitioners, and company information is not intended to create, nor directors and officers. does receipt of it constitute, a lawyer– Throughout this edition, and following the unique Lexology Getting The Deal Through format, client relationship. The publishers and the same key questions are answered by leading practitioners in each of the jurisdictions featured. authors accept no responsibility for any Our coverage this year includes a new chapter on Switzerland. acts or omissions contained herein. The information provided was verified between Lexology Getting The Deal Through titles are published annually in print. Please ensure you May and June 2019.
    [Show full text]
  • Maritime Attachment and Vessel Arrest in the US
    View the online version at http://us.practicallaw.com/w-001-8160 Maritime Attachment and Vessel Arrest in the US BRUCE PAULSEN AND JEFFREY DINE, SEWARD & KISSEL LLP, WITH PRACTICAL LAW LITIGATION A Practice Note on attaching and arresting Rule C is used to enforce a maritime lien or certain statutory rights against a vessel or other property in rem. Under Rule C, vessels and other property in the US. the property of the defendant that is subject to a maritime lien is Specifically, this Note explains the grounds for subject to arrest regardless of whether the defendant can be found in the district. Sister or associated ship arrest is not available. attachment and arrest under the Supplemental Federal statutes exempt vessels and other property owned or Rules for Admiralty or Maritime Claims and operated by or for the US or a federally owned corporation from arrest. They also limit the circumstances under which vessels Asset Forfeiture Actions of the Federal Rules of or property of foreign states is subject to arrest or attachment Civil Procedure, the procedure for obtaining an (46 U.S.C. § 30908; 28 U.S.C. § 1605). order of attachment and the arrest of vessels. When a Claimant May Obtain an Order of Maritime Attachment or Arrest Ships are by their nature transitory property. and shipowners are Under Rule B, a claimant must have a prima facie valid maritime located worldwide. The laws of the US and other nations recognize claim against a defendant not present in the district for jurisdictional that enforcement of judgments against shipowners, the enforcement or service of process purposes.
    [Show full text]
  • Article 9 and Security Interests in Instruments, Documents of Title and Goods EUGENE H
    Article 9 and Security Interests In Instruments, Documents of Title and Goods EUGENE H. FREEDHmI* A-zm EI GOLDSTON** INTRODUCTION AND DEFINITIONS A previous paper has compared the provisions of Article 9 of the Uniform Commercial Code (hereinafter called the "Code") with existing Ohio law relating to security interests in accounts, contract rights, and chattel paper.1 This paper continues the com- parison with respect to (a) the remaining two subclassifications of intangible personal property (i.e., "documents of title" and "instru- ments") and (b) tangible personal property (called "goods" by the Code and subclassified into "inventory," "equipment," "consumer goods" and "farm products"). The reader is referred to the previous paper for an introduction to Article 9 and a discussion of its major policies; this paper will be concerned with detail rather than with perspective. The Code in § 1-201 (15) defines "document of title" as includ- ing a "bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the current course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible por- tions of an identified mass." This is substantially the same defini- tion used in the Uniform Sales Act and in Omo REV.
    [Show full text]
  • Tulane Law Review 1054 May 2017 Pages Tln91-5 Cv Tln91-5 Cv 4/26/2017 12:32 PM Page 2 TULANE LAW REVIEW VOLUME 91 MAY 2017 NO
    tln91-5_cv_tln91-5_cv 4/26/2017 12:32 PM Page 2 Vo l . 9 1 , N o . 5 Tulane Law Review Devoted to the Civil Law, Comparative Law, and Admiralty Law Tulane Law Review SYMPOSIUM: GOLDEN RULES: TULANE ADMIRALTY LAW INSTITUTE AND MARITIME LAW ASSOCIATION’S 50-YEAR REUNION A FIFTY YEAR RETROSPECTIVE ON THE AMERICAN LAW OF MARINE INSURANCE Harold K. Watson GILDING THE LILY: THE GENESIS OF THE LONGSHOREMEN’S AND HARBOR WORKERS’ COMPENSATION ACT IN 1927, THE 1972 Kathleen Krail Charvet AMENDMENTS, THE 1984 AMENDMENTS, Heather W. Angelico AND THE EXTENSION ACTS Michael T. Amy THE LAW IN THE UNITED STATES OF MARITIME PERSONAL INJURY AND DEATH SINCE LeRoy Lambert 1981: AN UPDATE Rebecca Hamra THE LAST HALF CENTURY OF FINANCING VESSELS Francis X. Nolan, III Pages THE FIFTY YEAR WAYPOINT: COLLISION, 855 IMITATION AND ALVAGE AW IN to L , S L Thomas D. Forbes 1054 THE UNITED STATES Laura Beck Knoll EVOLUTION OF MARINE POLLUTION Antonio J. Rodriguez LAW, 1966-2016 Joshua S. Force Michael A. Harowski David A. Freedman RECENT DEVELOPMENT BORROWED EMPLOYEES & PERIOD OF EMPLOYMENT ANALYSIS IN THE SEAMAN STATUS INQUIRY: THE FIFTH CIRCUIT’S REJECTION OF A BRIGHT-LINE May 2017 May RULE IN WILCOX V. WILD WELL CONTROL, INC. Christopher A. Hebert VOLUME 91 NUMBER 5 MAY 2017 TULANE LAW REVIEW VOLUME 91 MAY 2017 NO. 5 CONTENTS SYMPOSIUM: GOLDEN RULES: TULANE ADMIRALTY LAW INSTITUTE AND MARITIME LAW ASSOCIATION’S 50-YEAR REUNION A FIFTY YEAR RETROSPECTIVE ON THE AMERICAN LAW OF MARINE INSURANCE ................................... Harold K. Watson 855 GILDING THE LILY: THE GENESIS OF THE LONGSHOREMEN’S AND HARBOR WORKERS’ COMPENSATION ACT IN 1927, THE 1972 AMENDMENTS, THE 1984 AMENDMENTS, AND THE EXTENSION ACTS ..............................
    [Show full text]
  • The Foreclosure of Vessel Mortgages in Admiralty
    THE FORECLOSURE OF VESSEL MORTGAGES IN ADMIRALTY. The Supreme Court has long sanctioned substantive legis&- tion by Congress designed to bring our maritime law abreast of the Congressional idea of the needs of maritime commerce. For- merly the source of Congressional authority was held to be derived from the power to regulate interstate and for- eign commerce.1 This is the basis of decisions sustaining the Vessel Sales and Mortgage Recording Act of 185o,2 and the Sea- men's Acts prohibitions upon the payment of wages in advance,- and of the early cases arising under the Limited Liabil- ity Act of 185I.4 In later cases, however, the court turned to the doctrine of a Congressional power to legislate upon maritime matters within admiralty jurisdiction implied from the Constitutional grant of that jurisdiction to the federal courts and the "necessary and proper" clause.5 Thus the more recent cases under the Limited Liability Act of 1851,6 the Limited Liability 'The Lottawanna (1874), 21 Wall. 558, 577. 2White's Bank v. Smith (1868), 7 Wall. 646, 655-6; Aldrich v. Aetna (1869), 8 -" 1' 6, 496. 'Pat. on v. Bark Eudora (903), 190 U. S. 169, 176. Cf. Strathearn S. S. Co. v. Dillon (I92O), 252 U. S. 34. 'Providence & New York S. S. Co. v. Hill (883), lo9 U. S..578, 58g; In re Vessel Owners' Towing Co. (D. C., 1886), 26 Fed. i6g, i7o. "'The judicial Power shall extend . .. to all cases of admiralty and maritime Jurisdiction. .. ."-Const. Art. III, See. 2. "The Congress shall have Power .
    [Show full text]
  • 2021 Edition of Lexology Getting the Deal Through: Shipping 2021
    Shipping 2021 Contributing editors Kevin Cooper and Kirsten Jackson © Law Business Research 2020 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Shipping [email protected] Senior business development manager Adam Sargent 2021 [email protected] Published by Law Business Research Ltd Contributing editors Meridian House, 34-35 Farringdon Street London, EC4A 4HL, UK Kevin Cooper and Kirsten Jackson The information provided in this publication MFB Solicitors is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. This information is not intended to create, nor does receipt of it constitute, a lawyer– Lexology Getting The Deal Through is delighted to publish the thirteenth edition of Shipping, client relationship. The publishers and which is available in print and online at www.lexology.com/gtdt. authors accept no responsibility for any Lexology Getting The Deal Through provides international expert analysis in key areas of acts or omissions contained herein. The law, practice and regulation for corporate counsel, cross-border legal practitioners, and company information provided was verified between directors and officers. June and July 2020. Be advised that this is Throughout this edition, and following the unique Lexology Getting The Deal Through format, a developing area. the same key questions are answered by leading practitioners in each of the jurisdictions featured. Our coverage this year includes new chapters on Angola, Ecuador, Mozambique, Portugal, Russia © Law Business Research Ltd 2020 and United Arab Emirates. No photocopying without a CLA licence. Lexology Getting The Deal Through titles are published annually in print.
    [Show full text]
  • Mi-100 Notice
    REPUBLIC OF THE MARSHALL ISLANDS VESSEL REGISTRATION AND MORTGAGE RECORDING PROCEDURES MARITIME ADMINISTRATOR Jun/2018 MI-100 NOTICE This MI-100 publication is intended to provide vessel owners, operators, charterers, lending institutions and their representatives with a useful source of information needed to register vessels in the Republic of the Marshall Islands (RMI) and record ship mortgages, financing charters, and related instruments under its laws. While these procedures have their basis in the RMI Maritime Act 1990, this publication is only intended as a guide and should not be construed as legal advice, nor be used as the basis of a legal opinion. The link to the updated version of this publication may be found at www.register-iri.com on the MI-300 dedicated webpage. Requests to be included in the email notification updating service, MI-300 Updates, may be sent to [email protected] VESSEL REGISTRATION AND MORTGAGE RECORDATION under the provisions of the Republic of the Marshall Islands Maritime Act 1990, as amended, and the Republic of the Marshall Islands Associations Law 1990, as amended This booklet is intended to provide vessel owners, operators, charterers, lending institutions and their representatives with a useful source of information needed to register vessels in the Republic of the Marshall Islands and record ship mortgages, financing charters, and related instruments under its laws. While the following chapters focus on questions often asked by members of the maritime community, our personnel are available to deal with other issues as well. Our staff is available to consult with you to ensure that your documents qualify for recordation under Republic of the Marshall Islands law, and to assist with respect to other features of the Republic of the Marshall Islands Maritime Act 1990, as amended (hereinafter referred to as the “Maritime Act” or the “Act”).
    [Show full text]
  • Priority of Maritime Liens in the Western Hemisphere: How Secure Is Your Claim? Ivon D'almeida Pires-Filho
    University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 4-1-1985 Priority of Maritime Liens in the Western Hemisphere: How Secure Is Your Claim? Ivon d'Almeida Pires-Filho Follow this and additional works at: http://repository.law.miami.edu/umialr Part of the Admiralty Commons Recommended Citation Ivon d'Almeida Pires-Filho, Priority of Maritime Liens in the Western Hemisphere: How Secure Is Your Claim?, 16 U. Miami Inter-Am. L. Rev. 505 (1985) Available at: http://repository.law.miami.edu/umialr/vol16/iss3/3 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Inter- American Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. PRIORITY OF MARITIME LIENS IN THE WESTERN HEMISPHERE: HOW SECURE IS YOUR CLAIM?* IVON D'ALMEIDA PIRES-FILHO** I. INTRODUCTION 506 I. PERSONIFICATION OF THE VESSEL 507 III. THE "IN REM" PROCEDURE 510 IV. PRIORITY OF MARITIME LIENS IN NATIONAL SYSTEMS 511 A. Canada 512 B. The United States of America 514 C. Argentina 516 D. Brazil 519 E. Mexico 520 F. Panama 521 G. Venezuela 523 V. APPLICABLE INTERNATIONAL CONVENTIONS 524 A. The Brussels Convention of 1926 524 B. The Bustamante Code 525 C. Conflict of Laws 526 * Revision of this manuscript was supported by the William H. Donner Foundation, the Pew Memorial Trust, the Johnson Endowment, and the Woods Hole Oceanographic Institution's Marine Policy and Ocean Management Center (W.H.O.1.
    [Show full text]