IMO instruments are implemented by the Kingdom of the Netherlands as an IMO member. The Kingdom charter dictates how this is done. Based on article 3, the nationality and safety of sea-going vessels is implemented on the Kingdom level. This includes also the investigations related to safety and nationality issues. The Kingdom Shipping Act is equally applicable to all flag states of the Kingdom, including Curaçao. The implementation of shipping act instruments is done at the national level.
Other IMO instruments, including Maritime Pollution (Marpol), manning regulations and maritime labor issues, are regulated on the national level by Curaçao ordinances. Another difference is that Curaçao is an autonomous overseas territory and therefore not a (full) member of the EU. EU shipping directives therefore do not apply to the Curaçao register.
- The Kingdom Shipping Act regulates safety issues for all SOLAS vessels:
- The Curaçao Manning Decision regulates STCW and the recognition of local and foreign crew endorsement;
- The Temporary Ship Security Decision regulates ship and port security issues;
- The new Safety Regulation for Aruban, Curaçao and St. Maarten vessels regulates the safety of smaller non-SOLAS vessels; Regeling veiligheid zeeschepen
- The Curaçao Ordinance on Prevention of Ship Pollution regulates MARPOL issues; Landsverordening voorkoming van verontreiniging door schepen
- The Curaçao Ordinance on Maritime Labor regulates MLC issues.
The Kingdom Shipping Act institutes the Curaçao Shipping Inspection, which is included in the Maritime Authority of Curaçao and oversees the implementation of the mandatory IMO instruments of the Kingdom and of Curaçao. This includes accident & incident investigation on Curaçao vessels and the vessels in the territorial waters of Curaçao. Appointed MAC surveyors need to comply with the high standards of the Kingdom Shipping Act. The act also assigns the duties of recognizing organizations for flag state mandates to the Kingdom. These recognitions are handled by the Dutch Shipping Inspection, based on Kingdom and EU regulation.