Ship registration in Myanmar is currently governed by the Myanmar Registration of Ships Act, 1841 (“Act”), which has been amended from time to time. Most recently, the Amendment to the Myanmar Registration of Ships Act, 2025 (SAC Law No. 37/2025) (“Amendment”) was enacted on 5 May 2025 by the State Administration Council (“SAC”) under Section 419 of the Constitution. This Amendment will take immediate effect and introduce certain reforms to the ship registration framework, enhancing compliance requirements and clarifying ownership qualifications. The key changes introduced by the Amendment are summarized below.
Terminology and definitions
The Amendment modernizes key terminology to reflect institutional changes: “Ministry of Transport” is now “Ministry” (referring to the Ministry of Transport and Communications), “Magistrate” and “Magistrate of the first class” are replaced with “Court”, and “Department of Marine Administration” is simplified to “Department”. Definitions of terms such as “Myanmar ship”, “Department”, and “Court” have been updated accordingly.
Requirements for Certificate of Registry
Section 1A, introduced by the new Amendment, provides that no ship will be considered registered unless it is registered by the registering officer of a Myanmar port and holds a valid Certificate of Registry. This certificate is a formal legal document that establishes a ship’s registration status and Myanmar nationality. It details the owners’ names and shares, ship specifications, port of registration, and other structural and operational attributes. The Ministry is authorized to prescribe the form, validity, and associated fees of these certificates.
Sworn declaration requirements
Section 5 of the Act has been substituted to require owners to submit a sworn declaration containing detailed particulars, including the ship’s name and tonnage; when and where it was built (or a statement if these are unknown); the owner’s name, citizenship, and ownership shares; the master’s name and citizenship; confirmation that no other person holds any legal or beneficial interest; the operator’s name and citizenship (if different from the owner); and any other prescribed particulars. The registrar may also require satisfactory proof of ownership before proceeding with registration.
Temporary registration provision remains unchanged
Section 5A of the Act remains unchanged under this Amendment. It allows temporary registration of ships that are bareboat chartered by authorized organizations or used for similar purposes, with the approval of the relevant authorities and in line with international practice.
Ownership qualifications
The ownership criteria are set out in the newly inserted Section 5B, which limits ownership of Myanmar-registered ships to:
- Citizens of Myanmar, or
- Companies or bodies established in Myanmar that are:
- Incorporated in Myanmar;
- Principally based and managed in Myanmar;
- Predominantly owned and controlled by Myanmar citizens both in terms of shareholding and directorship, in the percentages prescribed by the Ministry.
The Ministry may issue further requirements by notification and companies must prepare shareholding documentation as required by the registrar.
Enforcement and penalties
The new Section 5C introduces enforcement provisions. The Department is empowered to take administrative action and impose a fine of up to 10% of the ship’s value for failure to register without reasonable cause. Additionally, any person failing to comply may, upon conviction before a Court, be imprisoned for up to twelve months, and the ship may be confiscated. The Ministry may seize the vessel as state property if ownership cannot be determined.
Conclusion
The Myanmar Registration of Ships Bill, issued in 2016, allows foreign-owned and joint venture ships to be registered as Myanmar ships, subject to certain conditions. Although the Bill can potentially boost Myanmar’s economic development, it has yet to be enacted into law. In the meantime, as noted in the Amendment, several provisions—such as the form, validity, fees for the Certificate of Registry, and ownership thresholds—are to be prescribed by the Ministry through future notifications. Therefore, Stakeholders should remain alert for upcoming issuances and regulatory updates and be prepared to adapt swiftly as the new framework continues to take shape.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
