DETAILED PROVISIONS ON LOCAL TRADE OPERATION

The Shipping Act 1998; Shipping (Local Trade) Regulations (2003)

Trade in Jamaican Waters 

The conduct of trade in Jamaican waters by any vessel is governed by the Shipping Act, 1998 (hereinafter referred to as “The Act”). Under the Act (Section 15), all ships are prohibited from engaging in trade in or from Jamaican waters unless they are Jamaican Ships or hold a certificate of foreign registry orother document similar or equivalent to that required by The Act. The prohibition is subject to provisions of any regulation made under the section, any international agreement in force in relation to Jamaica and to the charter of the vessel (if chartered) or the person so engaging the vessel for local trade in Jamaican waters, being qualified under The Act to own a Jamaican ship; except under and in accordance with such conditions as the Minister may direct or prescribe. 
The Shipping (Local Trade) Regulations, 2003 (hereinafter called “Local Trade Regulations”), which is prescribed in accordance with Section 15 of the Act, stipulates the condition under which a vessel may be engaged in Local Trade in Jamaican waters.  It also prescribes the form of application and certification applicable. 

What is Local Trade? 

“Local Trade”, which under The Act means “Local Trade in Jamaican Waters”, is the transport (locally) of passengers or goods or the carrying out of any other operation or activity locally, within Jamaican waters, for the purposes of trade, profit or reward. Simply put, it is the conduct of any activity in Jamaican waters for direct or indirect commercial gain. Local Trade activities are unlimited inrange covering areas from, for example, dredging and cable-laying to the carriage of passengers and provision of live maritime exhibitions. It is however not interpreted to include the direct import or export of cargo; the picking-up of cargo at several points in Jamaica for discharge exclusively at a port outside of Jamaica or the discharge of cargo imported, at several ports in Jamaica.