Legal Status yachts on passage stopping to anchor

[Jobs a good un]

Hi All

Can the panel tell me the legal status of a yacht stopping for the night while on passage elsewhere.

In other words if you dont go ashore is there any hastle ?

Im thinking of Dominican Republic ,Haiti in particular ,will be on route to Jamiaca

Thanks

 

[Downsman]

Legal status..Haiti ??..Once you're in their waters whether you stop or not you're in play mate..

 

[Ludd]

Legal status..Haiti ??..Once you're in their waters whether you stop or not you're in play mate..[/QUOTE

Sounds right to me ---Duvalier rules ,OK? or one o his disciples! Should be interesting though!




Serious,sober hat on. Once you are in the territorial waters of a nation state ,you are fair game. Possibly better to roll up to tjhe frony door,so to speak ,and be the wide eyed innocent. Works in Portugal---

 

[Roberto]

if you just need to anchor for one or two days:

you have the possibility of anchor there (a late Friday afternoon helps), if authorities come to check your papers you say "I have just arrived I'll go through customs, immigration etc tomorrow, or on Monday", then the following day you leave


I have known people having remained up to 10 years in Brazil with this method, where a tourist visa is 90+90 days, followed by a compulsory 180 days outside of the country

As others have said, not sure I'd try this in Haiti..

good luck
r

 

[Salty John]

I tried it in Sosua, which wasn't a port of entry. We anchored to await nightfall and the diminuation of the trades and a pick-up in the moderating offshore breeze in order to continue flogging along the north coast.

We were boarded, as were a couple of other boats in the anchorage. They were chucked out into the daytime trades but we were saved by handing out a couple of tee shirts as gifts. Another boat came in later in the afternoon and he got away with it by claiming his engine was broken down but he'd have it fixed by nightfall. He didn't have to part with any gifts!

This was DR some years ago, but I understand they are still pretty hot. Haiti I don't know much about - personally I'd give it a miss.

 

[KellysEye]

>you have the possibility of anchor there (a late Friday afternoon helps), if authorities come to check your papers you say "I have just arrived I'll go through customs, immigration etc tomorrow, or on Monday", then the following day you leave

I wouldn't do that anywhere. All customs rules I've seen is you must clear in immediately you arrive. There some serious fines for not doing so in places like Trinidad and the BVI's.

The only exception is if you arrive at night and customs is closed, but you must go to customs when they open and you must anchor as close to customs as possible. Not in a different bay for example, if you are found there at night you will be fined. I've seen that happen.

 

[Roaring Girl]

There have been various bits of correspondence about how if you're in their waters you're subject to their jurisdiction. Whoever, wherever they/you are. There is some debate about a vessel only passing through, but little about once you drop an anchor or tie up.

The further debate is then about whether your vessel must meet their requirements eg for safety kit or only those of the flag country. We are seeing more inspections based on the latter assumptions, eg as reported off Portugal.

 

[capnsensible]

>you have the possibility of anchor there (a late Friday afternoon helps), if authorities come to check your papers you say "I have just arrived I'll go through customs, immigration etc tomorrow, or on Monday", then the following day you leave

I wouldn't do that anywhere. All customs rules I've seen is you must clear in immediately you arrive. There some serious fines for not doing so in places like Trinidad and the BVI's.

The only exception is if you arrive at night and customs is closed, but you must go to customs when they open and you must anchor as close to customs as possible. Not in a different bay for example, if you are found there at night you will be fined. I've seen that happen.

I got a free night in Trinidad by mooring on the customs berth overnight and clearing in the following morning!

That is the only time in 15 years of wandering I have chanced it with customs though....

 

[KellysEye]

I don't think you were chancing it, it was a shrewd move. They do allow that and indeed want boats to do it, we often used to see boats rafted in the early morning. If you are caught anchored in the bay on the left before turning to port heading to customs, then if you haven't cleared in you will be fined.

 

[peterb]

Innocent passage

As one might expect, it’s in the United Nations Convention on the Law Of the Sea (UNCLOS), Section 3, Article 19

Article 19

Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:

(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;

(b) any exercise or practice with weapons of any kind;

(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence or security of the coastal State;

(e) the launching, landing or taking on board of any aircraft;

(f) the launching, landing or taking on board of any military device;

(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;

(h) any act of wilful and serious pollution contrary to this Convention;

(i) any fishing activities;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;

(l) any other activity not having a direct bearing on passage.