Bermuda: 'To Satisfaction of Administration' instructions

The Bermuda Shipping and Maritime Authority has published the merchant shipping notice regarding instruction on arrangements 'To the Satisfaction of the Administration'.

The notice was published on 20 October 2023.

This notice is for the Ship Owners, Managers, and Recognised Organisations of Bermuda Registered ships.

Flag States are mandated by the IMO Instruments Implementation Code (III Code) to enforce relevant international rules and regulations while also developing and offering guidance on these requirements.

The purpose of this Shipping Notice is to furnish guidance or instructions regarding arrangements specified in the IMO Conventions (SOLAS, MARPOL, Load Line, and COLREGs). These arrangements are not explicitly prescribed but are expected to be in accordance with the satisfaction of the Administration.

The document contains a table that details the arrangements.

This Notice was issued on October 20, 2023, and supersedes the shipping notice issued on May 5, 2021.

(1) IMO Conventions and the resolutions and circulars of the IMO, which give effect to those Conventions, are incorporated into Bermudian law through the Merchant Shipping Act and Statutory Instruments (SI's). The Bermuda Merchant Shipping Act 2002 and Merchant Shipping SI's can be found at: Bermuda Laws Portal.

(2) Some IMO Conventions include rules and regulations described as 'to the satisfaction of the Administration.' Annex 1 provides a table outlining the acceptable arrangements in such cases, as determined by the Bermuda Shipping and Maritime Authority (BSMA).

(3) In cases where it is not suitable to provide specific guidance, acceptance will be evaluated on a case-by-case basis. The BSMA collaborates with other Red Ensign Group (REG) members through the REG Technical Forum to establish unified guidance and instruction in such cases, as well as in other areas where Administrations are required to provide guidance on terminology defined in the Conventions.

(4) Some documents referenced in Annex 1 are UK Merchant Shipping Notices, recognized and accepted by the BSMA. They can be accessed through the following link: UK Merchant Shipping Notices.

(5) Bermuda Merchant Shipping Notices are accessible at: BSMA Merchant Shipping Notices.

(6) Certain documents referred to in Annex 1 are UK Statutory Instruments, which have been adopted into Bermuda Law through reference in the 12th Schedule to the Merchant Shipping Act. These SI's have been consolidated on the BSMA website and can be accessed here: BSMA Legislation.

(7) The Bermuda Shipping and Maritime Authority (BSMA) acknowledges the Unified Interpretations (UI’s) of the International Association of Classification Societies (IACS) as aligning with the intent of the IMO Conventions. Access the UI’s here: IACS Unified Interpretations.

For more information, please see the document below (available only to subscribers):