Merchant Shipping Act, 2021
The Merchant Shipping Act, 2021 (the “Act”) came into force on 1 April 2026, bringing the maritime legal framework in The Bahamas in line with modern international standards. The Act modernizes and consolidates the country’s shipping laws, strengthens regulatory oversight, and ensures compliance and alignment with key international maritime conventions, including:
- International Convention for the Safety of Life at Sea, 1976;
- International Convention for the Prevention of Pollution from Ships, the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978; and
- Maritime Labour Convention 2006.
The Act is structured with a clear separation of the primary legislation and detailed regulations for specific areas covered by the respective international maritime conventions improving regulatory clarity in The Bahamas.
Merchant Shipping (Registration) Regulations, 2026
The new registration structure under the Merchant Shipping (Registration) Regulations, 2026 is more streamlined compared to the previous regime with the registration categories and procedures clearly defined with standardized documentation requirements and improved guidance to provide a more predictable and efficient registration process.
Merchant Shipping (Tonnage) Regulations, 2026
The Merchant Shipping (Tonnage) Regulations, 2026 aim to ensure full compliance with the International Convention on Tonnage Measurement of Ships, 1969, fully integrating measurement formulas and principles, standardize how gross tonnage and net tonnage are determined and reduce reliance on outdated or transitional measurement systems to ensure greater global consistency and acceptance of Bahamian tonnage certificates.
While the Bahamas Maritime Authority as a matter of practice has shifted to more digital processes, the Merchant Shipping Act, 2021 and the accompanying regulations codify the digital transformation with the recognition of electronic submissions and records, facilitation of online registration processes and the allowance of electronic certificates and documentation.
In summary, the Merchant Shipping Act, 2021 and the suite of regulations introduced thereunder mark a significant milestone in the evolution of The Bahamas’ maritime sector. The new framework modernizes shipping laws, promotes alignment with international conventions and best practices, and provides greater certainty for shipowners, operators, financiers and other maritime stakeholders doing business under the Bahamian flag.
AUTHOR
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