Dear Editor,
Recent revelations in the press concerning vessels flying the Sint Maarten flag with falsified documentation have attracted the attention of Dutch Members of Parliament and have elicited grave concerns across the Kingdom of the Netherlands. It is reported that a minimum of 77 vessels have obtained counterfeit registration certificates in the name of Sint Maarten, including ships subject to international sanctions.
As a graduate in Port Management and Maritime Affairs from the World Maritime University in Malmö, Sweden, I consider it essential to address this matter not only as a legal and political priority but also from the perspective of international maritime law and globally recognized best practices.
Fake flagging risks
The illicit utilization of a flag, especially one associated with a constituent nation of a sovereign Kingdom, presents significant risks. These encompass potential infringements of United Nations Security Council sanctions as well as more extensive maritime criminal activities, including money-laundering, illegal fishing, and smuggling.
The damage inflicted upon Sint Maarten is both reputational and economic in nature. Our maritime identity is now associated, in international circles, with issues of non-compliance and potential complicity. This association undermines the credibility of Sint Maarten’s maritime institution, which may subsequently lose legitimacy and invite further instances of non-compliance. For the Kingdom of the Netherlands, which bears international responsibilities under UNCLOS and IMO conventions, the issue of fictitious flagging compromises flag-state control and could result in diplomatic or legal consequences. Such implications further tarnish the reputation of the kingdom’s flag state and may lead to sanctions from entities such as the IMO or port-state control regimes.
An additional complication arises from the fact that the Kingdom Act formally consolidates authority over vessel registration within the Netherlands. As a result, Sint Maarten is devoid of the legal capacity to operate an independent, internationally recognized maritime registry. Consequently, all vessels seeking recognition under Kingdom jurisdiction must be registered through systems administered by the Netherlands.
This prevents Sint Maarten from issuing internationally recognized ship registration certificates, establishing a national flag registry with IMO-recognized authority, and exercising direct flag-state control over seagoing vessels.
Own maritime registry authority
The issue also underscores a longstanding structural deficiency. Despite our maritime heritage, Sint Maarten lacks an internationally recognized authority to register seagoing vessels, primarily owing to restrictions imposed by the Kingdom Charter and existing Dutch legislation. Nonetheless, should Sint Maarten establish a properly regulated ship registry, the benefits for the island would be substantial. As demonstrated by Panama, Liberia, the Marshall Islands, even landlocked Mongolia, and San Marino, revenue generated from vessel registration can be considerable. Sint Maarten could enforce standards set by the IMO and ILO, thereby enhancing safety, labor conditions, and environmental compliance – not only for its vessels but also contributing to the disruption of illicit registry activities. A credible registry would bolster local governance, augment legal capacity, and elevate credibility across the Kingdom. Furthermore, it would attract maritime services, crewing agencies, certification organizations, and insurers, thereby fostering the growth of a Blue Economy hub.
Nonetheless, examples from across the globe demonstrate how small nations and territories have effectively established credible and autonomous registries.
* Norway’s International Ship Register (NIS) has enabled the nation to maintain its competitiveness on the global stage while upholding rigorous standards.
* Hong Kong, now one of the world’s largest registries, established its autonomous system while still under British sovereignty in the 1990s.
* Tuvalu and San Marino, despite their limited size, manage registries via strategic alliances and have swiftly adapted to international standards.
These cases demonstrate that a small country or territory can establish a reputable and profitable registry, provided that international standards are adhered to and adequate oversight is maintained.
Legal path forward
To address the current issue and prevent future misconduct, Sint Maarten should undertake the necessary legal groundwork to establish an internationally recognized Maritime Authority, which will be responsible for registering vessels and enforcing flag-state obligations.
This would involve two parallel legal tracks:
* Kingdom-Level Reform – The amendment to the Kingdom Act on Ship Registration (Staatsregeling or other constitutional frameworks), effective from July 1, 2025, establishes a centralized legal framework for the registration of seagoing vessels within the Kingdom of the Netherlands.
While the Act simplifies the process of ship registration and delineates vessel nationality under a unified jurisdiction, it also entails significant legal and economic constraints for Sint Maarten, a constituent country within the Kingdom. This necessitates cooperation from the Kingdom Council of Ministers and legislative approval in accordance with the Charter for the Kingdom of the Netherlands (Articles 38 and 43).
Or – Formulate a Memorandum of Understanding between the Netherlands and Sint Maarten to delegate registry powers, outlining oversight, dispute resolution, international representation, and ensuring adherence to international law. Furthermore, secure Sint Maarten’s separate accession or participation in UNCLOS 1982, IMO conventions, and the 1986 Conditions for Registration of Ships, establishing a “genuine link.”
* Local legal infrastructure – Establish a Maritime Authority of Sint Maarten by national ordinance in accordance with the national reform at the kingdom level. – Enact a Ship Registration Act aligned with SOLAS, MARPOL, STCW, and the Maritime Labour Convention (MLC 2006). – Develop institutional capacity to issue ship certificates, perform inspections, and de-register non-compliant vessels.
Such reforms would necessitate foresight and collaboration with maritime experts; however, they are completely achievable and significantly overdue.
Cost of inaction
In the absence of definitive measures to resolve this issue, Sint Maarten risks being blacklisted within international maritime communities. If the nation is perceived as a refuge for convenience flagging or vessels evading international oversight, there is a potential threat of losing legitimate maritime commerce and becoming subject to sanctions or inspections.
More importantly, we overlook a significant opportunity to cultivate a strategic maritime sector that has the potential to generate revenue, create employment opportunities, and enhance Sint Maarten’s visibility within the Caribbean region and internationally.
Scandal to strategy
The recent exposure of fraudulent ship registration serves as a wake-up call and highlights the ease with which reputations can be compromised. Instead of responding defensively, Sint Maarten ought to utilize this opportunity to reaffirm its stance as a reputable maritime entity within the Kingdom and on the global stage.
While the Kingdom Act on Ship Registration safeguards the unity and reputation of the Kingdom of the Netherlands in maritime affairs, it concurrently impedes Sint Maarten’s ambitions for maritime autonomy and economic advancement within the sector. In the absence of legal acknowledgment or authority to register vessels, Sint Maarten remains susceptible to the misuse of its national symbols and is deprived of legitimate maritime economic opportunities.
To safeguard its identity and unlock potential in the blue economy, Sint Maarten must advocate for a measured legal pathway to establish a recognized registry, supported by legislative reforms across the Kingdom and robust local governance.
With the appropriate legal framework, strategic partnerships, and a steadfast commitment to international compliance, Sint Maarten is positioned to establish a reputable and sustainable ship registry. The moment has arrived to transition from scandal to strategic development, doing so with ambition, professionalism, and determination.
Romain Laville
Port Management, Maritime Affairs Graduate
World Maritime University, Malmö, Sweden
