Introduction:

Only Tanzanian ships or foreign ships with a certificate of foreign registry are allowed to trade in or from Tanzanian waters. Local trade in Tanzanian waters is reserved exclusively for Tanzanian ships, except as allowed by regulations or international agreements. The Minister has the authority to regulate conditions under which foreign ships may engage in local trade within Tanzanian waters.

Requirement for insurance cover

Every Tanzanian ship must have insurance that covers:
• • Any claims from crew members if they get hurt or face issues while working on the ship.
• • Any damage or loss to the cargo being carried.
• • Any passengers on board.

Every foreign ship that anchors, trades, or enters a port in Tanzania must also have insurance to cover damage or loss to other people or property.

The insurance must be enough to cover all these responsibilities as required by the law.

If the ship’s owner, captain, agent, or representative allows the ship to sail without this insurance, they are breaking the law and can be fined at least $10,000 (in Tanzanian Shillings), or face up to five years in prison, or both.

Registration

A ship cannot be registered in Tanzania unless it is completely owned by people or companies who are allowed to own Tanzanian ships. These include:
• • Tanzanian citizens,
• • People or companies that own ships which they lease out completely (bareboat charter) to Tanzanian citizens,
• • People or companies that have genuine joint business partnerships with Tanzanian citizens in shipping,
• • And any other owners the Minister approves by official order.
Any ship that is 50 Gross Tonnage (GT) or more and is owned by people who qualify to own Tanzanian ships must be registered as a Tanzanian ship, unless it is exempted. However, government service ships do not have to be registered under this rule.

Obligations to register Tanzanian ship

Tanzania keeps an official list called the Register of Ships, where all ships registered in the country are recorded.

Different Types of Registers:

The register may be divided into separate books to organize different types of vessels, such as:
• • Small ships
• • Pleasure boats (used for recreation)
• • Submersible craft (like submarines)
The ship register is managed according to specific rules and instructions from the Registrar (the official in charge). This ensures the register is accurate and up to date. The register is open for anyone to look at, so the public can check information about registered ships.

Ownership Details in the Register:

When it comes to recording who owns a ship, there are some important rules:
• • A ship’s ownership is divided into 64 equal parts or shares.
• • No more than 64 owners can be registered for a single ship at the same time. However, this does not limit how many people or companies may actually benefit from owning the ship — some owners can represent groups or companies.
• • Owners cannot be registered for less than a full share. But up to five people can jointly own a single share.
• • Joint owners are treated as one owner in the register and cannot individually sell or transfer their part of the ship without agreement.
• • Companies or organizations that own ships are registered under their official corporate names.

NOTE:

An application for registration must be made by:
• • The person who wants to be registered as the owner, if it’s an individual; or
• • One or more of the people who want to be registered as owners, if there are several; or
• • Their authorized agent.
If the owner is a company or organization, the application must be made by their authorized agent.

The agent’s authority must be proven in writing:
• • For individuals, the agent’s authority should be signed by the person or people who appointed them.
• • For a company, the agent’s authority should be shown by the company’s official seal or a signed legal document following company law.

Ship Survey and Tonnage Before Registration

Before a ship can be officially registered, it must be inspected by a qualified ship surveyor.
The surveyor measures the ship’s size (called “tonnage”) according to specific rules set by the law.
After measuring, the surveyor issues a certificate that shows the ship’s tonnage, type of build, and other important details needed to identify the ship.
This certificate must be given to the Registrar (the official who handles ship registrations) before the ship can be registered.
Once the ship’s tonnage is recorded in the official register, that measurement is considered the ship’s official size. However, if certain conditions arise, the ship may need to be measured again, and the register updated to reflect any changes.

Marking of ship

Before a ship (except small ones) can be officially registered, it must have certain permanent and clear markings as required by the law. These markings help identify the ship and ensure safety and transparency. Here’s what every ship owner needs to know:

1. Name Markings:

• • The ship’s name must be painted on both front sides (called bows) in letters that stand out.
• • The ship’s name and the name of the port where it is registered must be painted on the back (stern) in clear, visible letters at least 10 centimeters tall.

2. Official Number and Size:

• The ship’s official registration number and net tonnage (size) must be permanently marked on a main part of the ship’s structure where it can be easily seen and reached. This marking must follow the instructions of a qualified ship surveyor.

3. Water Draft Scale (How Deep the Ship Sits in Water):

• • For ships built before the switch to metric measurements, a scale showing the ship’s draft (how deep it sits in the water) must be marked on both sides of the stern using Roman numerals or numbers at least 6 inches tall. These markings must be cut into the ship and painted in a contrasting color.
• • For ships built after the metric system was adopted, a metric scale (in meters and decimeters) must be marked on both sides of the stern at intervals of 20 centimeters. The numbers must be at least 10 centimeters tall and clearly visible.
• • Older ships may also choose to follow the metric marking system if they wish.

4. Pleasure Vessels:

• For recreational boats 24 meters or longer, it’s enough to have the name and port of registry marked on the stern as described above.

5. Keeping Markings Accurate and Permanent:

These markings must be permanent and cannot be changed unless the ship’s details change.

If the draft scale is inaccurate and likely to mislead, the ship owner can be fined at least $1,000 (in Tanzanian Shillings), or face up to six months in jail, or both.

6. Penalties for Not Following Marking Rules:

If the owner, captain, or anyone responsible:

Fails to keep the ship properly marked,

Removes, alters, or damages the markings without permission,

Allows the ship to sail without proper markings,

They can be fined at least $1,000 (in Tanzanian Shillings), or jailed for up to six months, or both.

Also, if a ship is found to be improperly marked by a surveyor, it may be detained until the problem is fixed.

Why Are These Rules Important?

These marking rules help everyone easily identify ships, ensure safety on the water, and prevent fraud or confusion. Proper markings also help authorities manage and regulate shipping effectively.

Refusal of registration

Even if a ship meets the basic requirements to be registered, the Registrar can refuse to register it if they believe that:

The ship’s condition poses safety risks or could cause pollution,

The safety, health, or welfare of people working on the ship could be at risk,

Or the ship might be used for illegal activities.

If the Registrar decides the ship should not be registered for these reasons, they will inform the applicant or their representative, and the ship will not be registered.

Termination of registration

The Registrar (the official in charge of ship registrations) can cancel a ship’s registration for several important reasons:

1. If the ship poses risks or problems:
• • The ship’s continued registration might harm Tanzania’s interests or international shipping.
• • The ship owner has been fined for breaking the law but hasn’t paid the fine for over three months, and there is no appeal in process.
• • The ship owner was summoned to court for breaking the law but didn’t show up, and three months have passed since the court date.

2. If the ship owner hasn’t paid the required annual fees for more than two years.

3. If the owner asks to cancel the registration.

4. If the ship is completely lost or destroyed for example, by shipwreck, fire, sinking, or demolition.

What Ship Owners Must Do

• • If the ship is lost or destroyed, the owner or anyone who owns part of the ship must tell the Registrar immediately. The Registrar will officially note this in the records.
• • When registration is cancelled, the Registrar will inform anyone who holds a mortgage (loan) on the ship.
• • If the owner asked to cancel the registration or the ship was lost/destroyed, the Registrar will quickly issue a “closure transcript” (official document confirming the registration is closed).
• • Once the owner receives this closure transcript, they must immediately give back the ship’s registration certificate to the Registrar so it can be officially cancelled.

What If There Are Questions About the Ship’s Registration?

• • If the Registrar thinks the ship might still have problems (like unpaid fees or safety concerns), they can send a notice to the owner asking for proof that the ship should stay registered.
• • The owner has 21 days to provide this proof.
• If the Registrar is not satisfied after this period, they can either:
  • Give the owner more time to provide additional information, or
  • Send a final notice that the ship’s registration will end in 7 days.
• • If the ship has a mortgage, the mortgage holder will also be informed when such notices are sent.

Important Legal Responsibilities

• It is illegal for anyone to give false information when responding to the Registrar’s requests. If caught, they can be fined at least the Tanzanian Shilling equivalent of $10,000 or face up to 2 years in prison, or both.

• Also, if an owner refuses to return the registration certificate when asked, they face the same penalties.

Why Is This Important?

These rules help ensure that ships registered in Tanzania are safe, legally compliant, and properly managed. They protect Tanzania’s interests, the safety of people working on ships, and the wider shipping community.

About the Author.

Mkama M. Kalebu is a seasoned legal professional specializing in corporate compliance within Tanzania. With extensive experience in company registration, regulatory adherence, and enforcement of corporate laws, he has successfully guided numerous businesses through complex legal frameworks. Advocate Kalebu is well versed in navigating Tanzanian corporate regulations, ensuring organizations meet statutory requirements while mitigating legal risks. His expertise encompasses compliance strategies, regulatory filings, and enforcement actions, making him a trusted advisor for businesses aiming to operate lawfully and efficiently in Tanzania’s dynamic legal environment.

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