american flag

[samthomas]

i wonder if any one out ther knows the answers to my questions. I am very shortly , to buy an american flag boat in europe, with the intention of heading to the carribean.she is registered in Deleware USA . does anyone know how i go about changing the ownership, and do i necessarily have to change it to a british flag ? I dont plan on returning to uk for a few years anyway. What should i do ???????????any answers to my questions are gratefully recived thanks ,sam .

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[Mike_Martin]

I for one would be interested to hear the outcome of this, as it is unusual for non-US residents to own US flagged vessels.

I'd also be interested to hear how you get on applying for the radio licence, assuming that you are not taking her straight back into US T/Waters. The info is here http://wireless.fcc.gov/marine/fctsht14.html

Mike


<hr width=100% size=1>Manager,
Aeronautical & Maritime Services Section,
Radiocommunications Agency

 

[ccscott49]

I do believe you have to be a mercan to have a US flagged vessel and fly the flag, not sure, but I heard it somewhere

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[AndrewB]

If you are a UK citizen you will not be permitted to keep her registered in the US. It will be straightforward for you to get UK (SSR) registration for her.

Note that in theory a US yacht cannot be sold in the EC under temporary import relief restrictions. That means she must be formally imported, have VAT and import duty paid, and be CE marked. This can be onerous if you don't intend to keep her here, and you may find it advisable to arrange the transaction, and keep her in somewhere like the Channel Islands. Or if you plan to leave soon after buying, approach UK Customs now, as they should be willing to grant you a grace period of a month or two.

 

[jbate]

I think you need to be careful in ascertaining original ownership. Registration is to a state in the US (I think) and therfore a possibly stolen vessel could be re-registered in a different state. Following this through to ensure that you don't 'own' a hot boat could be difficult and expensive. I would be interested to hear how this is normally checked - anyone had experience of this process?

Not much help for your question, but you will have to watch the CE marking requirement if you bring a vessel into European Economic Area. The issue is 'putting into service', not just putting on the market.

JB



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[gasax]

I do not have detailed knowledge of the boat situation, but I do of the situation with American aircraft.

You can only only an American registered aircraft if you are an American citizen. The N registered aircraft operated in the EU are owned by 'beneficial trusts' where an they are wholly under the control and charge of an American register trust company which legally must have a majority of American directors.

In aircraft these legal arrangements are usually referred to as "Delaware Trusts". That is simply because of the ease with whcih they can be set up in that place.

Which would make this vesel's place of registery natural if it was subject to such a trust. When these N registered aircraft are sold the trust (which actually owns and controls the aircraft) has to be modified or wound up and a new one started.

So the caveat must be to check out the actual ownership very carefully. There are aircraft in the UK which have notionally been sold by UK citizens when neither the 'seller' or 'buyer' actually owned the thing!

Happy landfalls!

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[kdf]

In the US boats are registered to a state, not federally. This means that this boats owner went to the local county hall, paid his money and got his sticker - you see this on the front of all us boats. A letter or letter denoting the state followed by the reg number. Any resident of any US state can register a boat- you do not have to be a citizen.

Flying the US flag is another matter. Far as I know you have to be a US citizen to fly the flag and they are quite fussy about this.


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[johnsomerhausen]

kdf is wrong ! there are two possibilities ffor registration in the US: federal documentation with the Coast Guard (reserved for US citizens) and state registration (which can be used by any foreign legal resident, as is my case). You don't have to be a US citizen to fly the American flag as long as the boat is registered;' the flag shows that the boat is registered in a US state (my boat has been boarded and checked by the US Coast Guard and they certainly did not raise any issue with my flying the US flag after they had seen my New York registration).
I wouldn't advise you to try and get an American state regiustration as that automatically would make you liable for US taxation on your income; why not try one of the Cahnnel Islands ?
john

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[jimboaw]

My understanding of the state registration system would lead me to believe that if you have a state "Title" document then as far as prior liens are concerned you are OK. With regards to your entitlement to fly a US flag I have to disagree with a previous post.A Cuban 10 yr resident of Miami was pulled by the coasties for the same thing. IMHO your best bet is to go SSR but register the change of ownership with the state authority by returning the title and paying any sales tax due. You will need to get a cruising permit when you hit US waters but that is not a problem. FLY THE FLAG. Jim , SV. "Moonlighting" Annapolis. Md.

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