JAPAN Law and Practice Contributed by: Jumpei Osada, Masaaki Sasaki, Takuto Kobayashi and Hiroshi Ideyama, TMI Associates
authority that has jurisdiction over the registered port (including cases outside Japan), a provi - sional certificate of nationality may be issued. Any such certificate will expire in one year or less if the certificate is issued in a foreign country, and six months or less if it is issued in Japan. In any case, however, it will expire upon arrival of the vessel at the registered port. Dual Registration Dual registration is not allowed for Japanese vessels (including in cases of both charter-out and charter-in). However, in Japan, a special system called “maru-ship” is permitted, and when a Japanese vessel is bareboat-chartered to a foreign company, and the bareboat-charter - er leases back the vessel to the original Japa - nese owner in the form of a time charter, foreign seafarers are allowed to be on board. 1.6 Registration of Mortgages Competent Authority for Registration of Mortgages Mortgages on Japanese vessels are recorded in a commercial registry and maintained by the branch office of the Legal Affairs Bureau, which has power over the location of the registered port (in the case of the vessels under construc - tion, and the location of the manufacturer). Documentary Requirements for Registration of Mortgages The registration of a mortgage shall be applied to be recorded in the commercial registry with the original or certified copy of the ship mort - gage agreement. In Japan, there is no designat - ed form of the agreement. The registration of a mortgage on a ship under construction shall also be recorded in the registration after the delivery of the vessel without any additional application. The maturity date is not required to be stated, but the amount or the maximum amount of the
principal must be specified. The secured claim must be owed by the registered mortgagee itself, and an agent or trustee for the benefit of lenders may not be registered as the mortga - gee. Mortgages on several vessels securing the same single claim are also permitted. A registra - tion and licence tax of four thousandths of the amount of the secured claim will be imposed in order to register the mortgage. 1.7 Ship Ownership and Mortgages Registry Certificate of Administratively Registered Matters and Registered Book The certificate of administratively registered matters of a vessel can be obtained by anyone. Regardless of the location of the registered port, any District Transport Bureau or Shipping Bureau is available for inquiries. The certificate describes the status of ownership, but not the status of the mortgage. Certificate of Commercially Registered Matters The certificate of commercially registered mat - ters can also be obtained by anyone. Not only the status of ownership but also the status of mortgages is described thereon. Such a request for issuance may be made only to the compe - tent branch office of the Legal Affairs Bureau. However, only interested parties are allowed to inspect collateral documents such as mortgage agreements. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Japan has ratified major maritime conventions covering pollution, such as the 1992 CLC Con -
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