In Emergency Situations
04 Feb, 2025

Information Note on Crew Regulations as per the Turkish International Ship Registry Law

What is the Turkish International Ship Registry and How Was It Established?

The first law to be considered regarding maritime transport in Turkish waters is the 815th Cabotage Law. Under this law, the right to carry goods and passengers in Turkish waters and to provide services in ports and seas can only be performed by vessels that have the right to fly the Turkish flag. This law introduces the concept of the “National Ship Registry.” The National Ship Registry was established in line with the provision in the Turkish Commercial Code No. 6102, which refers to the establishment of a registry for the registration of ships, alongside the “Ship Registry Regulation.” The Turkish International Ship Registry (“TISR”) is an international open registry created to enable Turkey’s commercial fleet to operate on equal terms with competing international maritime fleets. In other words, Turkey, like many European countries, has adopted the second registry application to prevent domestic shipowners from favoring flag-of-convenience countries. The Turkish International Ship Registry Law, along with the Law Amending the Decree-Law No. 491, offers fiscal incentives as its primary aim. The law aims to reduce cost factors by introducing tax incentives for the maritime industry, thereby developing and strengthening the sector.

The objectives of the Turkish International Ship Registry Regulation and the Turkish International Ship Registry Law are stated in the first articles of the law and the related decree.

Objective
Article 1 – The purpose of this Regulation is to establish the principles and procedures regarding the registration of ships, yachts, and special-purpose, specially-built ships under the Turkish International Ship Registry Law No. 4490 dated 16/12/1999 and ensure its implementation.

(Turkish International Ship Registry Regulation)

Objective and Scope
Article 1 – The purpose of this Law is to accelerate the development of Turkish maritime transport by facilitating the procurement and operation of ships registered under the Turkish International Ship Registry, including commercial yachts listed in tourism company inventories, and to increase its contribution to the economy. The provisions related to yacht tourism in Law No. 2634 on Tourism Encouragement remain valid.

(Law Amending the Turkish International Ship Registry Law and Decree-Law No. 491)

Upon examining the justification of Law No. 4490, the following definition is encountered: “It has been implemented to eliminate the heavy tax burdens on vessels in the National Ship Registry, enable competitiveness in international markets, and encourage foreign-flagged ships to re-register under the Turkish Ship Registry.”

Additionally, Article 2 of Law No. 4490 defines the concept of “Ship” as any vessel, including cargo, passenger, offshore fishing vessels, and special-purpose, specially-built ships, used for commercial purposes in cabotage and/or non-cabotage waters. This indicates that the distinction between whether a ship operates in cabotage or not may vary based on different regulations.

What Are the Crew Restrictions for Ships Registered under the Turkish International Ship Registry?

The ships and yachts that are to be registered under the Turkish International Ship Registry are listed in Articles 4 and 5 of Law No. 4490. Article 9 of this law contains the provisions regarding the crew. According to this article, for foreign-flagged ships to change to the Turkish flag, regardless of whether the shipowner is Turkish or foreign, the captain must be a Turkish citizen. If the shipowner is Turkish, at least 51% of the ship’s crew must also be Turkish citizens.

Nationality and Employment of Ship Personnel

Article 9 – Unless otherwise specified in the second paragraph of Article 7 of this Law, it is essential that the captain of any ship or yacht registered under the Turkish International Ship Registry be a Turkish citizen, regardless of whether the shipowner is Turkish or foreign. If the shipowner is Turkish, at least 51% of the ship and yacht personnel must be Turkish citizens.

(Law Amending the Turkish International Ship Registry Law and Decree-Law No. 491)

Similarly, Article 21 of the Turkish International Ship Registry Regulation states that captains of ships to be registered under the Turkish International Ship Registry must be citizens of the Republic of Turkey. If the shipowner is a citizen of the Republic of Turkey or if the ship is eligible to fly the Turkish flag under Article 823 of the Turkish Commercial Code, then at least 51% of the crew must be Turkish citizens, unless the ship operates outside the cabotage zone.

A) Right to Fly the Turkish Flag and Its Obligations:

Article 823 – (Amended: 20/4/2004 – Article 5136/2) Every Turkish ship flies the Turkish flag. A ship owned by Turkish citizens is a Turkish ship. Ships owned by multiple persons under the principle of joint ownership are considered Turkish ships if the majority of shares belong to Turkish citizens. Ships owned by corporate entities such as foundations, associations, or Turkish commercial companies are considered Turkish ships if the majority of the board members or representatives of the entity are Turkish citizens, and if the company’s bylaws give a majority voting power to Turkish partners.

Personnel Crew

Article 21- a) The captain must be a Turkish citizen. b) If the shipowner is a Turkish citizen or if the ship falls under the provisions of Article 823 of the Turkish Commercial Code, at least 51% of the personnel must be Turkish citizens if operating outside the cabotage line.

(Turkish International Ship Registry Regulation)

Conclusion:

It is essential that the captain of any ship or yacht to be registered under the Turkish International Ship Registry be Turkish. Additionally, if the shipowner is Turkish and the vessel flies the Turkish flag, at least 51% of the crew must be Turkish citizens, regardless of whether the ship performs cabotage services or not, as explicitly stated in the relevant legislation. Should you require further details on this matter, please feel free to contact us using the contact numbers below at any time.

Esenyel Partners | Crew arrangement in accordance with the Turkish International Ship Registry Law
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