Ownership and control of ships
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2003-03-01
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Abstract:This paper examines how the beneficial (or ultimate) ownership and control of vessels can be cloaked by owners who for one reason or another wish to remain anonymous. It is beneficial ship owners that decide how their vessels will be used, or at least remain responsible for the uses to which their vessels are put, even if this is done without their knowledge or consent. The premise of this paper is that an increase in transparency in the ownership and control of ships must enhance security, and if potential terrorists find it more difficult to hide their activities then this would greatly assist security forces in the detection and prevention of terrorist attacks, as well as the apprehension of perpetrators. The paper examines not only to specific ship registration procedures that exist in flag states, but also by examining more general corporate instruments that provide the principal means of effectively cloaking beneficial ownership. No analysis has been attempted of the reasons why shipowners would want, or indeed why they should be granted anonymity in the first place. It is the place of governments to balance amongst their many priorities whether or not security has become of paramount importance in their regulation of ship registration and ownership. Appendices, 39 p.
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