FINAL REPORT DECISION ANALYIS TOPIC SELECTING SHIP REGISTRY CLOSED OR OPEN

zs 동명대학교 TONGMYONG UNIVERSITY FINAL REPORT DECISION ANALYIS TOPIC SELECTING SHIP REGISTRY CLOSED OR OPEN Students 레튀축리 – 19330110 응웬응옥프엉타오 – 19330123 레응웬이엔쑤안 – 19330109 Instruc.zs 동명대학교 TONGMYONG UNIVERSITY FINAL REPORT DECISION ANALYIS TOPIC SELECTING SHIP REGISTRY CLOSED OR OPEN Students 레튀축리 – 19330110 응웬응옥프엉타오 – 19330123 레응웬이엔쑤안 – 19330109 Instruc.

zs 동명대학교 TONGMYONG UNIVERSITY FINAL REPORT DECISION ANALYIS TOPIC: SELECTING SHIP REGISTRY: CLOSED OR OPEN Students: 레튀축리 – 19330110 응웬응옥프엉타오 – 19330123 레응웬이엔쑤안 – 19330109 Instructor: PhD Enrio Dagostini Submission date: 16th June 2022 ABTRACT Ship registration is an official procedure that puts on a flag for the ship and allows it to trade commercially This study is aimed at figuring out whether a ship owner should register his ship in a closed registry or an opened registry and which factors are the most important in the deliberation process There are alternatives which are open registry and closed registry and criteria that were selected by researching previous studies in the ship registration field, by using Best – Worst Method (BWM), we have found that ships should be registered in opened registries Shipbuilding standard is the most important factor to be deliberated followed by taxation Key words: ship registration, open registry, closed registry, best – worst method Table of Contents ABTRACT LIST OF FIGURE LIST OF TABLE LIST OF ABBREVIATIONS I INTRODUCTION II LITERATURE REVIEW III METHODOLOGY 14 IV DATA COLLECTION 16 V DATA ANALYSIS 17 STEP Formulation of the problem 17 STEP Find the best and the worst criterion 18 STEP Find the preference of the best criterion over all other criteria 20 STEP Find the preference of all other criteria over the worst criterion 21 STEP Estimate optimal weights 21 STEP Final scores of alternatives 23 VI RESULTS 27 VII CONCLUSION 28 REFERENCES 30 LIST OF FIGURE Figure Top 10 flag States in 2019 LIST OF TABLE Table Overview of respondents 16 Table Other to Most Vector 19 Table Other to Worst Vector 20 Table Optimal weights 22 Table Importance of alternatives under each criterion (respondent 7) 23 Table Normalized Values for respondent 24 Table Priority of alternatives (respondent 7) 24 Table Priorities for ship registration 25 Table Priority of alternatives under each criterion (full sample aggregate level) 26 LIST OF ABBREVIATIONS IMO International Maritime Organization UNCLOS United Nations Convention on the Law of the Sea, 1982 BWM Best worst method FOC Flag of Convenience ILO International Labour Organization AHP Analytic Hierarchy Process STCW International Convention on Standards of Training, Certification and Watchkeeping SOLAS International Convention for the Safety of Life at Sea, 1974 MARPOL Marine Pollution - International Convention for the Prevention of Pollution from Ships IOPP International Oil Pollution Prevention Certificate MCDM Multi-criteria decision-making method ANP Analytic network process SWOT Strengths, Weaknesses, Opportunities and Threats analysis I INTRODUCTION The concept of freedom of navigation prevails in the high seas, according to the UNCLOS, which implies that the high seas are accessible to all states There are state-specific issues addressing the concept of freedom under this agreement, which involves the development of topics such as freedom of navigation and overflight Within the high seas, States cannot assert sovereignty or authority This unfettered access to the high seas applies to all vessels However, in terms of freedom of navigation, the UNCLOS of the Sea and public international law establish a framework that forbids conditions aboard vessels That is a reason why every vessel should have a nationality because of its registration under a state, which can allow the vessel to be registered under its regulations and utilize the high seas Significantly, a national flag is an official signature proving that a country assigns and authorizes a vessel or vehicle, which is under its jurisdiction and control in the administrative, technical, and social spheres of that country With the increasing demand of economic development, the purpose of our country's ships flying foreign flags for transportation and circulation purposes has led to the fact that many goods and exploitation at sea have also become bustling and developed Therefore, the registration and flying foreign flags is only a form as well as a measure to make circulation and anchoring much more convenient at international ports The laws of States regarding the registration of ships are divided into two categories include open registry and closed registry For the closed registry, it is administered by an individual country as a national registry for the registration of their own ships flying their own flag, owned, operated and manned by nationals of that country In this field, the owner of the ship should necessarily be from the country of registration and the place of business should be in the country of registration This registration also means that these ships may be requisitioned at time of war for the transportation of goods and people in the service of the nation On the other hand, it is common for maritime registries to display open registries in certain countries, although the owners of vessels can register their vessels under that country's flag despite the fact that there is no genuine relationship between the flag state and the vessel Open registers allow ship owners of other nationalities to flag and operate ships under their flag It is generally the case that the flag of that country will appear on the vessel Moreover, the laws of that country will generally apply to the vessel and its crew while on the high seas To be specific, a ship could be traded more easily than the others if it registered with any registry mentioned above The second one is that registering the vessel in a different country than the one where the owner lives help them save money and reduce operating costs Moreover, it helps achieving lower administrative costs; in some cases, it also allows the ship to operate under less stringent regulations of the owner’s country As importantly, the ship owners are beneficial from tax incentives (tonnage tax), certification and security To be clearer, tonnage tax is a special tax regime for shipping companies under which a notional profit is calculated based on the number and size of ships operating and in which a standard corporate income tax rate is applied It is sometimes argued that open registers are associated with comparatively liberal tax regulations, labor rules, and environmental protection legislation, which are often lax and easily circumvented Panama and Liberia are the most popular open registry countries because they not require citizenship or residency requirements for ship owners The registration process in these countries is comparatively simple, largely online based, and offers ship owners tax-free money and inexpensive labor Registration providing ownership for a ship is very important for it to be able to participate in international trade relations, bringing benefits to the nation However, besides the benefits, there are still disadvantages that need to be mentioned to choose the best option for ship owners On the contrary, sailing a ship under the flag of convenience could have serious repercussions for seafarers working on the vessel Initially, ships sailed under open registry have been claimed to have more catastrophic working conditions than the others since such kinds of ships are operating under less stringent regulation There is a disagreement existing between the jurisdiction and the appropriate regulations of ship operations under the flag of convenience The next one is that seafarers are more at risk of being forced to work in severely hazardous situations with inadequate insurance and compensation in money Moreover, the disastrous drawback of sailing a ship is that it does not mandate fundamental seafarers' rights, such as the right of free creations or trade union organizations, the demand of achieving adequate salaries, health and safety workplace conditions, wage scales and so on The privileges mentioned above are reserved for sailors and may not be available on ships Finally, seafarers may not be allowed to take a nap between consecutive transportation duties as per standard guidelines Figure Top 10 flag States in 2019 This figure above illustrates that this is top 10 flag states in 2019 It is not surprising that Panama remains at the top of the list by far, with the highest tonnage and boats registered under the flag, followed by Liberia and Marshall Islands According to the (ListLloyd's, 2019) Panama has 9,367 vessels flying its flag, some 4,486 ships ahead of China, the next-biggest in terms of number of vessels On the other hand, only countries including China, Hong Kong and Greece still apply closed registry, the remaining are open registry Although there have been a lot of research on selecting ship registry ships, our research is one of the first to use the best-worst method to find out which criteria are most important and least important It is highlight that some researchers applied various methodologies, e.g fuzzy, SWOT, and AHP, to investigate ship flag choice problems in the past Few used ANP method to study ship flag selection problems (Celik & Kandakoglu, 2012) used a fuzzy quantified Strength, Weakness, Opportunity and Threat (SWOT) to analyze the case of the flagging-out dilemma in Turkey Perepelkin, et.al (2010) proposed an improved methodology to measure flag performances for the shipping industries of various maritime countries in the world Kandakoglu, et.al (2009) introduced a multi-methodological approach for shipping registry selection in maritime transportation industry Lua, Fan & Li (2013) used individual ship registration data to analyze flag choice behavior, used a binary choice model to analyze flagging-out decision, and used a nested logit model to analyze final flag choice From a ship owner’s point of view, they need to understand what factors influence the decision to register a ship Because when competing in the international shipping market, it is imperative for ship owners to come up with cost-effective strategies to operate their ships, choosing a flag is a key step for a shipping operation in success That is a reason why two questions arise here: “Which registry should the ship owner register their ship in?” and “How important are the factors that affect the ship registration decision?” Having researched previous studies, our team identified criteria for alternatives of open and closed registry: ship building standards, standard living and working conditions, crew’s wage, availability of well – trained seafarers, ship’s type, trading routes, tax, and bureaucratic control This study solves the above problems by applying the Best-Worst Method to find out what are the factors affecting the ship owner’s decision to register a ship A key advantage of this study is that it uses data from leading professors in the shipping industry with highly specialized knowledge In the next section, we will first discuss the existing documents on closed registry and open registry, thereby identifying the factors that influence the decision to register ships as well as the purpose of the ship Section will introduce our methodology, including an explanation of the methods, who developed them, and the areas in which it has been applied This study design process will also be detailed in this section Section describes data processing Section reports on the estimated outcome model and data analysis, followed by section is result of the research and section concludes this paper II LITERATURE REVIEW Ship registration is the first step for the ship to be able to trade commercially Without a flag hanging on top of the ship, she is not accepted by any ports around the world So that, choosing the type of registry is the first and foremost strategy in operating a ship There are main types of ship registry: closed registry and open registry Closed registration is the fundamental type of ship registration in the maritime industry After that, the open registration Table Other to Worst Vector Standard of living and working conditions Bureaucratic control Crew's wage Tax Trading routes Availability of well – trained seafarers Ship's type Respondent Worst Ship building standards Crew's wage 7 8 Tax 7 8 Ship's type 6 Availability of well – trained seafarers 7 7 Tax 8 8 Crew's wage 4 Ship building standard 7 Ship's type 9 8 Ship's type 7 9 In this step, the respondents were asked to determine the preference ratio of all criteria over the least important criterion via a questionnaire, again using a measurement scale of to The least important criteria are scaled as The most common worst are ship’s type and crew’s wage STEP Find the preference of the best criterion over all other criteria To obtain the scores in table 2, respondents ranked the importance of the best criterion over all other criteria using a 1–9 scale Hence, we can express the best to others vector as: 𝐴𝐵 = (𝑎𝑏1, 𝑎𝑏2 , … , 𝑎𝑏𝑛 ) (1) 20 Here, 𝑎𝑏𝑗 indicates the preference of the best criterion B over the criterion j STEP Find the preference of all other criteria over the worst criterion In the next step, respondents were asked to rank the importance of all other criteria over the worst criterion on a scale from to Hence, we can express the others to worst vector as: 𝐴𝑤 = (𝑎1𝑤, 𝑎𝑤2 , … , 𝑎𝑛𝑤 ) (2) Here, 𝑎𝑗𝑤 indicates the preference of the criterion j over the worst criterion W STEP Estimate optimal weights In this stage, we minimize the maximum absolute differences (|𝑤𝑏 − 𝑎𝑏𝑗 𝑤𝑗 |, |𝑤𝑗 − 𝑎𝑗𝑤 𝑤𝑤 |) for all j to find the optimal weights of a criterion The minimization problem can be expressed as follow: [max(|𝑤𝑏 − 𝑎𝑏𝑗 𝑤𝑗 |, |𝑤𝑗 − 𝑎𝑗𝑤 𝑤𝑤 |)] 𝑗 s.t ∑𝑗 𝑤𝑗 = (3) 𝑤𝑗 ≥ 0, 𝑓𝑜𝑟 𝑎𝑙𝑙 𝑗 The, we can solve (3) as a liner optimization model shown in (4) 𝛿 𝐿 𝛿 𝐿 s.t |𝑤𝑏 − 𝑎𝑏𝑗 𝑤𝑗 | ≤ 𝛿 𝐿 , 𝑓𝑜𝑟 𝑎𝑙𝑙 𝑗 |𝑤𝑗 − 𝑎𝑗𝑤 𝑤𝑤 | ≤ 𝛿 𝐿 , 𝑓𝑜𝑟 𝑎𝑙𝑙 𝑗 (4) 21 ∑ 𝑤𝑗 = 𝑗 𝑤𝑗 ≥ 0, 𝑓𝑜𝑟 𝑎𝑙𝑙 𝑗 A solution to (4) gives the optimal weights ( 𝑤1∗ , 𝑤2∗ , … , 𝑤𝑛∗ ) as well as the optimal value of 𝛿 𝐿 𝛿 𝐿∗ is the consistency ratio of the pair-wise comparison procedure in BWM The optimal weights of each of the criteria and consistency ratio 𝛿 𝐿∗ of each respondent are presented in table Table Optimal weights Respondent Ship building standards Standard of living and working conditions Bureaucratic control Crew's wage Tax Trading routes Availability of well – trained seafarers 0.45104 Ship's type 𝜹𝑳 0.093354 0.081684 0.081684 0.035515 0.081684 0.081684 0.093354 0.2024 0.426359 0.090847 0.090847 0.105988 0.036132 0.090847 0.079491 0.079491 0.2096 0.11927 0.11927 0.095416 0.095416 0.294668 0.159027 0.079514 0.037418 0.1824 0.408708 0.098315 0.08427 0.117978 0.08427 0.037921 0.08427 0.310622 0.064291 0.056254 0.064291 0.024458 0.056254 0.064291 0.359539 0.1394 0.078212 0.130354 0.130354 0.037244 0.195531 0.232775 0.130354 0.065177 0.1583 0.035817 0.08596 0.075215 0.120344 0.120344 0.390401 0.08596 0.08596 0.095506 0.095506 0.448666 0.095506 0.074282 0.074282 0.083568 0.032684 0.2199 0.448666 0.083568 0.095506 0.095506 0.074282 0.095506 0.074282 0.032684 0.2199 Mean 0.224 0.094 0.129 0.085 22 0.08427 0.151 0.141 0.080 0.097 0.1812 0.2113 0.1916 To find the weights of the criteria, we interviewed nine experts in the field of industrial and academic via questionnaire, collecting comparison data needed for BWM Next, we determined the weights using BWM for these experts Finally, we used aggregation (based on a simple average) to determine the overall weights for the criteria Table shows the aggregated weights of the eight criteria based on the input provided by the experts The consistency ratios are not really close to zero ranging from 0.13 to 0.21, however we read other documents, researches and studies, they show that it can be accepted the high reliability of the results From Table 4, “ship building standards” has the highest social sustainability criterion weight of 0.224 This was followed by “trading routes” and “Bureaucratic control”, with criterion weights of 0.141 and 0.129 respectively “Availability of well – trained seafarers” has a weight of 0.080 and is ranked as the least important criterion, which is not surprising, and "Crew's wage", which ranked second, is closely linked to this criterion STEP Final scores of alternatives We need to calculate the scores for each of the alternatives Respondents were asked to rate the different alternatives using a 1-9 scale where refers to not important at all and to extremely important Table Importance of alternatives under each criterion (respondent 7) Alternative/Criteria Ship building standards Standard of living and working conditions Bureaucratic control Crew's wage Tax Trading routes Open Registry Closed Registry 9 23 Availability of well – trained seafarers Ship's type Table presents the responses from respondent number as an example The values were normalized by dividing each values by their column-wise maximum value following a linear normalization approach Table Normalized Values for respondent Alternative/ Criteria Ship building standards Standard of living and working conditions Bureaucra tic control Crew's wage Weights 0.03581 6619 0.08595 9885 0.07521 49 Open Registry 0.71428 5714 Closed Registry 0.85714 2857 Tax Trading routes Availabili ty of well – trained seafarers Ship's type 0.1203 4384 0.1203 4384 0.3904 011 0.08595 9885 0.08595 9885 0.88888 8889 0.75 1 0.88888 8889 1 0.7777 778 0.85714 2857 Table shows the normalized values in relation to respondent number Table Priority of alternatives (respondent 7) Alternative /Criteria Ship building standard s Standard of living and working conditio ns Bureaucr atic control Crew's wage Open Registry 0.0255 83299 0.0859 59885 0.0668 57689 Closed Registry 0.0358 16619 0.0736 79902 0.0752 149 Tradin g routes Availabi lity of well – trained seafarers Ship's type OVER ALL 0.1203 0.0902 4384 5788 0.390 4011 0.0859 59885 0.0764 08787 0.941 7724 0.1203 0.1203 4384 4384 0.303 6453 0.0736 79902 0.0859 59885 0.888 6842 Tax Table presents the priority of alternatives for respondent number The values are calculated for each of the eight criteria under each of the two alternatives by multiplying the normalized values 24 as obtained in table by their respective weights Finally, a row-wise total is taken to obtain the final priority score for each of the two alternatives The process can be expressed as follow: 𝑛 𝑛𝑜𝑟𝑚 𝑍𝑖 = ∑ 𝑤𝑗 𝑥𝑖𝑗 𝑗=1 𝑛𝑜𝑟𝑚 Where, 𝑍𝑖 is the final priority value of the alternative i and 𝑥𝑖𝑗 expresses the normalized values of criterion j under alternative i Following the same procedure, it is possible to calculate the priorities of ship registry for all respondents as shown in table Table Priorities for ship registration Respondent Open Registry Close Registry Respondent Open Registry Close Registry 0.875771 0.827214 0.941772 0.888684 1 0.880158 0.849077 0.874366 0.935765 0.955208 0.823619 0.991964 0.955058 0.883613 0.709264 Mean 0.93149 0.889792 25 Koreans Academic NonKoreans Industry In the initial stage of the questionnaire, we asked respondent about their field, just only one respondent in Industrial-commercial and other in academic He/she choose open registry is better, which is not much different from the final result We also inquired about the respondents' country of residence and discovered that four out of nine live in Korea After calculating, the average score of open registration for respondents living in Korea is 0.924, while the average score of closed registry is 0.891 Non-Koreans' results are similar to those of those who not live in Korea They are all of the opinion that open register is better than closed registry Table Priority of alternatives under each criterion (full sample aggregate level) Alternative/Criteria Ship building standard Standard of living and working conditions Bureaucratic control Crew's wage Open registry 0.1784 0.0891 0.1288 Close registry 0.1854 0.0928 0.1256 Tax Trading routes Availability of well – trained seafarers Ship's type Average 0.0810 0.1360 0.1449 0.076 0.1027 0.1085 0.0723 0.1445 0.109797 0.07111 0.093206 0.101352 The final results of the study can be found in Table The results provide some insight to choose ship registration Base on the average rate of each respondent, we calculate the final result that open registry with 0.1085 point is higher than close registry so open registry is the best choice for ship owners to register their ships It is easy to understand because with open registry ship owner has more option of choosing the country which they think it suitable without constraint on complying with their nation’s rules Furthermore, ship owners can cut costs due to lower taxes in the registered nation and a cheaper labor market Shipbuilding standards and Tax are the most important criteria needed to be considered One of the most crucial aspects to consider while shipping at sea is the ship's quality All agreed-upon requirements for safety and durability must be met by the ship The first thing that must be transported for a successful journey is a reliable mode of transportation Moreover, vessels which make efforts to environmental preservation is offered annual tax discounted up to 50% for years (Services Merchant Marine) The second most important creation is tax, which has a direct impact on the ship owner's earnings Ship registration 26 is taxed differently in each nation Ship owners are mainly interested about selecting a jurisdiction with a low tax rate VI RESULTS It can be referred from the data analysis that opened registry is a better choice for ship owner with out selections It is completely understandable when looking at the top 10 flag states in the world where flag states are open registries With the benefit of tax and regulations, ship owner often finds it more commercially comfortable to operate a ship under an open registry’s flag Looking from the respondents’ nationalities point of view, both Korea and Vietnamese respondents chose open registry The data shows that open registry is more preferable compared to closed registry with higher mean in out of responses Shipbuilding standards is the most important criterion when selecting the ship’s flag with the mean that completely outweighs other criteria (0.224) The second place goes to tax with 0.151 Generally, it is thought that open registries usually have easier standard requirements for shipbuilding compared to closed registries that it is harder to register a ship in closed registries However, as mentioned before, some registries (for example Hong Kong) nowadays stated that once the ship is complied with IMO’s conventions, it is deemed to be complied with their shipbuilding standards Other countries (such as China - a closed registry or Panama – an opened registry) have a list of certificates belong to IMO in safety and technical as requirements for ship registration So that there is not much difference in shipbuilding standards between the kinds of ship registration However, some closed registries such as China requires that the vessel shall not only be owned by but also be constructed in China As a result, ship owner cannot register his ship if it was constructed in Korea or Japan, or he has to pay “27.53% in import duties and value-added tax” if the ship owner is insisted on register his ship in China Making shipbuilding the most important criterion to be considered Each country has its own taxing system with different basic fees and discounting policy That is how open registries such Panama or Marshall Islands encourage ship owners to register ships in those countries So that, taxation ranking in the second place is reasonable and unsurprising 27 The results also show that availability of well – trained seafarers and crew's wage are the least important factors in ship registration Seafarers who want to work on board of the ship need to have certificates in his desired position based on STCW So that, basically, seafarers all have specific knowledge to work on board of the ship The crew’s wage is a more significant factor as crew’s salaries vary from country to country The problem is that not all nations allow the ship’s seafarers to be outsourced from countries with cheap labor cost such as Philippines or China Therefore, ship owner should consider carefully between the crew’s wage and nationality Looking in table – the optimal weights and table – priorities for ship registration, Korean respondents chose differently in the most important criterion but chose nearly the same (3/4) the least important criterion – ship’s type Meanwhile, most Vietnamese respondents selected shipbuilding standard to be the best criterion Tax and crew’s wage share the same amount of choices as the least important criteria There are results have the consistency ratio between 0.1 and 0.2 and with that between 0.2 and 0.22 Overall these numbers are acceptable As mentioned before, results from using BMW are always consistent and those numbers only show the level of reliability So that with the consistency below 0.22, we are confident that our data is reliable VII CONCLUSION A ship's registration reflects its acquisition of nationality Once a vessel includes a nationality and therefore the right to fly a state’s flag, it also has the proper to cruise on the high seas it's critical to emphasize here that freedom of navigation on the high seas implies that the ocean is on the market to all or any States However, every ship must have a legal and national character This legal personality will primarily safeguard the vessel under law of nations The objective of this dissertation was to find out a multiple-criteria decision making for shipping registry selection by ship owners The Best – Worst Method (BWM) is utilized to find out the influencing factors in the decision-making procedure of shipping registry selection by ship owners This is done in a fashion that provides objective assessment of the issues that arise in the highly specialized knowledge’s professors in the shipping industry 28 The results show that the practical experts think that ship building standards is the most important factor Availability of well – trained seafarers is the least important factor The practical experts think that related taxes, trading routes, and bureaucratic control are important sub-criteria And open registry is the best alternative as the shipping registry system According to research results, shipbuilding standards are one of the most important criteria for selecting a ship's registry for ship owners However, the shipbuilding standard linked to IMO, which is a common convention to be followed, which leads to every state that enables ships to enter its register is required to approve IMO treaties and International Conventions It is also responsible for ensuring that the ship owners follow these norms and tools Besides, taxes also play an indispensable role in generating profits That will be an equally important criterion that ship owners need to consider To be more specific, revenue earned by Liberia's marine register, the world's second biggest Open Registry State, was projected to be roughly $18 million per year, accounting for 25% of national income (SchoenJohn, 2003) Similarly, while Panama Flag operates over 21.5 percent of all boats trading in the world's oceans now, compared to only 12.2 percent for Liberia (UNCTAD, 2013), Panama's income from open registry services is plainly far greater That is a reason why ship owner should consider significantly on tax because of economic benefit that all ship owners want to aim for This research specifically is examined and identify factors affecting the ship owner’s decision to register a ship However, the empirical results reported herein should be considered in the light of some limitations The research uses data gather from selected samples which includes level of knowledge to avoid of having bias data and maintain quality of the data besides to cooperates with time constraints First, research need to be done in longer period, unfortunately this study might only have one month given to complete and to be completed Ample of time is needed to complete this study properly The second limit is about the data limit Because this article is highly academic, we can only find a handful of professionals relevant to the shipping industry with a master's or higher degree within our reach More specifically, we sent a survey to 10 people, one respondent was removed With a small number of respondents to the survey, the results given will be subjective in the opinion of experts In addition, the next limitation that we have to face to is theoretical Because this is a highly academic topic with many complex theories and requires understanding of international law of the sea, so that with the limited ability to access knowledge 29 in this regard, this study has not really studied much in depth There are some modifications we would make if we were to design this study again Most crucially, we would use a longer time frame in order to collect participation across the whole study 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