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BOAT
PURCHASE
Attention : Before signing any purchase document, verify with
Customs and Affaires Maritimes that the boat is within regulation
(no debts).
For information about particular cases, contact the relevant
office :
> Affaires Maritimes :
- registration
- change
in district
- boat operator's
licenses
- marine safety
and regulations
> Customs :
- registration
of boat as French
- various taxes
and fees
The administrative status of French vessels strictly defined
as such carries the following conditions :
- an
inspection
upon purchase or sale
- a name
- a nationality
- a
registration as French
-
an immatriculation
For
documents required, click here :
DOCUMENTS
REQUIRED
- external identification
Boat Purchase
:
For non-commercial vessels belonging to French citizens residing
abroad, French registration is done at the main Customs office (Recette
des Douanes) of the port at Nantes.
For foreign boats or non-commercial vessels belonging to
French citizens residing abroad, the registration application must
be stamped by the French consulate. This stamp will prove both the
applicant's rights of ownership and the legality of his/her situation
abroad.
Foreign citizens whose main residence is France may have
boats flying foreign flags. However, they must pay all applicable
local taxes and instead of the boat having a certificate of French
nationality it must have a passport issued by the Customs tax collector
at the port of registry.
Documents required for this passport include :
- 1 tonnage certificate issued by the foreign authorities
-
1 official document indicating the main characteristics of the vessel (specification sheet or equivalent)
- 1 form of identification
in addition to payment of taxes.
Applying for a name (new or modified) :
The owner must apply for the name at the office of Affaires Maritimes
by turning in a name certificate application and proposing 3 names
in order of preference.
The first name on the list will be
registered unless :
- it has the potential to disrupt public
order or conflicts with standards of good behavior
or national interest.
- it may be confused with the radio distress
signal "MAYDAY."
- if another boat in the same Affaires Maritimes subdistrict already has the
same name. For boats over 25 T, refer to the national list.
Safety Surveys :
-
Periodical Surveys (*) :
Navigation permits are valid for 1 year.
One month prior to the
expiration date, the ship's owner (or manager) should indicate to
the appropriate safety department the safety certificate(s) that
need to be renewed or validated and the port where s/he plans to
have the survey done. The annual survey is obligatory for all commercial
vessels regardless of length.
The radio installations must be surveyed and validated every
year by the telecommunications inspector.
Navigation permits are
not issued or renewed unless the validation of all other safety
certificates is in progress.
Yachts must be in order with local regulations (including obligatory
safety equipment), as they may be inspected at any time.
-
Exceptional and Special Surveys (*) :
The head of the department of safety may carry out an exceptional
survey on board a particular vessel in response to verbal and written
complaints registered by the crew.
The special survey applies to vessels whose safety certificate
was temporarily revoked following serious damage, reconstruction,
or major repairs.
(*) Applies to commercial navigation only.
PURCHASE OF A NEW, IMPORTED BOAT
- Because the French Antilles are export territories (even for
French merchandise), vessels may be imported duty-free.
Upon a vessel's
arrival, the owner/resident is required to pay VAT, the Octroi de
Mer tax, and the "Droit Additionel," which consists of additional
fees based on the value of the boat and on the cost of transport
even if the boat arrived under its own power. In addition, there
is a customs tax of 2.9% for boats under 12 m coming from outside
the EC and a tax for French registration of the boat calculated
at the same rate as the annual tax but prorated according to the
time remaining until the end of the year.
- Boats that have not been certified by the National Safety Commission
must pass a commissioning inspection before the boat may be put
into service.
- Importation of a boat over 12 m purchased abroad in a non-EC
countryrequires an import license (type AC). Certification and
issue of the license must be requested from the prefecture.
PURCHASE OF A SECONDHAND BOAT
Local taxes for all boats purchased in Guadeloupe or Martinique
should have been paid by the previous owner prior to sale of the
boat. (See preceding §)
- How to pay foreign vendors :
Payment may be effected through banks only. Acting as certified
intermediary, the bank may carry out this transaction by the following
means :
- Purchase of foreign exchange in an amount sufficient for lump
sum payment.
For this option the bank must be provided with :
- the bill of sale,
- the Customs export declaration or a provisional
"acte de francisation" indicating that the boat's French nationality
has been established by a French consulate in a foreign port if
the boat is returning to France by its own means, or the shipping
documents if the boat is being transported by a shipping company.
Provisional French registration may also be obtained prior to importation
by putting in a request to the tax officer at the Customs office
of the port of registry.
- Purchase of foreign exchange for a down payment in an amount
equivalent to 10% of the total price of the boat. This option requires
presenting the bank with an invoice for the deposit and a purchase
agreement.
- Buyer's authorization for an advance from disposable funds
in foreign exchange, or for borrowing foreign exchange on his/her
own account if unable to provide the documents necessary for the
purchase of foreign exchange. In this case, providing the bank with
a purchase agreement for the boat is sufficient.
Boats Owned by Associations
In theory, members of an association that owns a boat are joint
owners and may use the vessel as a group or as individuals.
To avoid
misuse of these boats, the administrative organizations concerned
(including Affaires Maritimes) verify the legitimacy of the associations
that own them and are strictly opposed to all publicity.
Boats Owned by Boat Rental Agencies
Purchase of a boat for rental purposes in the French overseas
departments is classified as profitable investment (in the tourism
industry) and benefits from tax exemptions (except for cruiseships).
Reminder : Rental boats are still subject to regulations for
yachts.
They are exempt from VAT in both Martinique and Guadeloupe,
from the Octroi de Mer tax in Guadeloupe only (must be based in
Guadeloupe to qualify), but are required to pay an additional 1%
tax in both islands.
(St. Barthelemy and St. Martin are a special
case).
Boats may be rented out:
- bare boat
-
with a crew (skipper, sailor, or both)
Rental contracts established by agencies should clearly define
the renter's responsibilities in both cases.
It is important to
note that even when a skipper is provided as part of the rental
agreement, the renter is still considered responsible for the boat.
The skipper is responsible for nautical decisions only.
The crew of all such yachts must be comprised of professionals
appearing on the crew's list or company register.
