¹ Swiss yachts sailing at sea are sports and pleasure boats, which are registered in the Swiss yachts register.

² Basel is the only port for the registration of Swiss yachts.

³ Swiss yachts fly the Swiss pavilion according to art. 3 of the Marine Navigation Act. The Swiss Maritime Navigation Office may allow yacht owners who are members of nautical associations of a Swiss character to join the emblem of their association with the Swiss flag, provided that it does not Confusion with the flag of another State.

¹ The Swiss Office for Maritime Navigation maintains the Swiss yachts register.

² The general provisions of the federal procedure apply to appeals against decisions of the Swiss Agency for Marine Navigation. ¹

³ The Federal Department of Foreign Affairs may establish performance requirements and instructions for the establishment and maintenance of the Swiss Yachts Register.

¹ Each yacht registered in the Swiss yachts register is placed on a special sheet bearing an order number.

² The following information is shown on the slip:

A.

The surname, given name, date of birth, place of origin and domicile of the owner, and, in the case of associations, the name and seat of the association;

B.

Name of the yacht;

C.

The time and place of construction of the yacht and the name of the manufacturer;

D. ¹

The length, width, draught or hollow on keel and the displacement of the yacht;

E.

The type of yacht and construction equipment;

F.

For sailing yachts, the velic surface at the near and the number of masts, for the mechanical propulsion yachts, the number, nature and power of the engines;

G.

For yachts equipped with radiotelephone installations, the call sign.

³ Every change affecting the facts entered in the register must be communicated without delay by the owner of the yacht to the Swiss Agency for Marine Navigation. Art. 149 of the Marine Navigation Act applies mutatis mutandis.

¹ Registered yachts are subject to the provisions of Art. 1, 4, 7, 14, para. 2 and 3, 15 and 16 of the Marine Navigation Act, as well as the other provisions of this Act and its Implementing Order of November 20, 1956 ¹ In respect of the application of these provisions, they shall be placed on the same footing as the Swiss vessels.

² The registration of a yacht in the Swiss yachts register affects only his nationality and has no effect on the real property and rights on the yacht.

¹ Only in the Swiss register of yachts, sports boats and yachts can be registered:

A.

To be used at sea in view of their size, the nature of their construction and their equipment;

B.

For which the conditions laid down in this order are met in respect of the nationality of the owner, the liability insurance, the name and the procedure;

C.

Which are not registered in any public register of the alien.

² ... ¹

³ To ⁵ ... ²

¹ The owners of a Swiss yacht must be Swiss citizens or be a Swiss association whose purpose is to encourage water sports and boating. When the owner has dual nationality, he cannot register his yacht if he resides in the State of which he is also a national.

² An association shall be regarded as Swiss within the meaning of this order when it has been established under Art. 60 and 61 of the Swiss Civil Code ¹ , that it has been registered in the Swiss Trade Register, that at least two-thirds of its members are Swiss citizens having their domicile in Switzerland, that all members of the Committee or other bodies of the association are Swiss citizens Having their domicile in Switzerland, and there is no risk that foreign members will have a decisive influence on the association.

³ The Swiss Agency for Shipping may require the owner to give indications as to the manner in which he financed the purchase of the yacht and whose operation it is financed.

⁴ The owner must state in writing that he/she is not concealing or doing anything related to a foreign influence on the yacht.

¹ The yacht must be able to hold the sea, be properly constructed and equipped. The Swiss Agency for Shipping may require the presentation of a certificate of airworthiness established by a recognised authority or body. After hearing the circles concerned, it lays down guidelines on the equipment of yachts, the requirements of which must, at the very least, correspond to those prescribed for sports and pleasure craft sailing on the waters Swiss interior.

² The requirements of telecommunications law apply to the establishment and operation of telecommunications facilities. ¹

¹ The owner of a Swiss yacht must conclude and maintain with an insurance company authorized by the Federal Council to carry on business in Switzerland, a liability insurance for his yacht, which covers his liability for the Conduct and operation of this yacht.

² The insurance must cover the civil liability of the owner and the driver of the vessel as well as the persons for whom the owner is responsible.

³ It is possible to exclude from insurance:

A.

The owner's civil claims in respect of persons for whom he or she responds;

B.

The civil claims of the spouse, inbred parents in ascending and descending line of the owner and the driver of the yacht, as well as their brothers and sisters living in common household with them.

⁴ The insurance shall cover the rights to compensation of injured persons at least up to the following amounts:

A.

There is a legal limitation of liability, at least up to the limit set;

B. ¹

In the other cases, at a rate of 5 million francs per event, for all tangible and material damages.

¹ Every yacht in Switzerland bears a name, which must be clearly inscribed and in the usual way on the boat.

² The name of a yacht must be clearly distinguished from those of Swiss ships and other yachts when they are not vessels belonging to the same owner.

³ The name of the port of registration must be indicated on the yacht in one of the three official languages of the Confederation (Basel, Basel, Basilea).

¹ The registration of a yacht in the Swiss yachts register shall take place on the written request of the owner, against payment of the required fees.

² The application must contain the particulars required under s. 3.

³ In support of the application, please contact:

A.

For natural persons, the original act or passport of the owner;

B.

For associations, the statutes, the extract from the register of commerce, the list of members with an indication of their nationality and domicile, the composition of the bodies of the association with an indication of the place of origin and domicile of the persons Constituting these bodies;

C.

Title of ownership;

D.

A certificate proving that the yacht, if it is registered in a public register abroad, has been deleted from that register, or that the cancellation will take place at the time of registration in Switzerland;

E.

A written statement from the owner stating that it did not require and does not propose to require the yacht to be registered in a public registry outside Canada;

F.

A written statement from the owner stating that he has equipped the yacht according to art. 7 of this order, and that this equipment will be maintained in perfect condition;

G.

An attestation from the insurance company that the required liability insurance has been entered into;

H.

A declaration under s. 6, para. 4, of this Order.

¹ After registration of the yacht in the Swiss yachts register, the Swiss Maritime Navigation Office issues a Swiss flag certificate to the yacht owner, which determines the form and content of the yacht.

² The flag certificate, which must always be kept on board the yacht, certifies that it has the right and obligation to sail under the flag of Switzerland.

³ The flag certificate is used to designate the yacht; it contains the data required under s. 3, indicates the port of registration and reproduces, where applicable, the authorization given under Art. 1, para. 3.

¹ The flag certificate is valid for three years.

² As long as the conditions on the registration of a yacht in the Swiss yachts register are fulfilled, the flag certificate may, as the case may be, be extended, amended or replaced. The provisions of paras. 2, 3 (1 ^Re Sentence) and 4 of Art. 43 of the Marine Navigation Act shall apply mutatis mutandis.

³ The flag certificate shall cease to be valid with the cancellation of the yacht in the Swiss yachts register; it shall be immediately returned to the Swiss Maritime Navigation Office or to the nearest Swiss consulate. Art. 147 of the Marine Navigation Act is applicable.

¹ The Swiss flag attestation certifies that a vessel which is not in a state of readiness to hold the sea has the right and obligation to sail under the flag of Switzerland.

² The Swiss Agency for Marine Navigation shall, at the request of the owner of the vessel, issue a flag certificate if:

A.

The owner meets the nationality requirements;

B.

The vessel does not fulfil the conditions on which the registration in the Swiss yachts register depends, and

C.

The boat:

1.

Is registered in a register in Switzerland in accordance with the requirements of the Federal Act of 3 October 1975 on inland navigation ² , and is for the benefit of a valid navigation permit, or

2.

Is permanently stationed abroad and is for the benefit of an appropriate security certificate.

³ The provisions relating to yachts shall apply mutatis mutandis to vessels which are in favour of a flag attestation.

¹ The yacht is removed from the Swiss yachts register at the request of the owner. The latter must immediately request the cancellation and return the flag certificate when it alienates the yacht or is permanently deprived of its power of disposition or when the yacht is no longer able to hold the sea. ¹

² The Swiss Agency for Maritime Navigation orders the cancellation of a yacht in the Swiss yachts register where:

A.

The conditions of registration are no longer fulfilled;

B.

It appears that the owner has given false indications or concealed important facts;

C.

The owner did not request the cancellation in cases falling under para. 1.

³ The cancellation may also be ordered when:

A.

The modification of a fact required to be announced has not been communicated;

B.

The owner or operator of the vessel has repeatedly or severely violated the requirements of this order or the applicable provisions of the Marine Navigation Act or its enforcement order ² , or where an act contrary to the general interests of the Confederation has been committed.

Art. 6, para. 1, let. A , and 145, para. 2, of the Law on Shipping is applicable to Swiss yachts. In addition to the measures taken under s. 6, para. 2, the Federal Council may close the Swiss yachts register and order the cancellation of the yachts registered there.

¹ The owner of a Swiss yacht is simultaneously shipowner of his yacht within the meaning of the Law on Shipping; where the provisions of the law applicable to yachts apply to shipowners, they also apply to the owner of the yacht.

² The owner of a Swiss yacht responds to damage caused to third parties by the operation of the vessel according to the provisions of the art. 48, 49 and 121 of the Marine Navigation Act, as well as ss. 41 and following of the code of obligations ¹ ; however, the maximum amount up to which it responds is calculated in each case given a tonnage of at least 300 gross tons of the yacht. Art. 45 to 62 and 70 to 72 of the Enforcement Order of 20 November 1956 of the Marine Navigation Act ² Apply to the limitation of liability procedure. ³

¹ The owner of a Swiss yacht must drive the yacht himself or entrust the driving to a driver. An association must in particular appoint a responsible driver. A foreigner may be appointed as a driver only to the extent that his appointment does not amount to evading the nationality requirements.

² When they concern the master of a ship, the provisions of the Law on Marine Navigation which apply to Swiss yachts also apply to the driver and the owner of the vessel when the vessel drives the yacht itself or does not Designated driver.

³ The provisions of international conventions, rules and practices of maritime navigation ratified by Switzerland or declared applicable shall apply to the conduct and operation of a Swiss yacht when they also apply to such vessels. Boats.

The professional transport of persons or goods is prohibited on Swiss yachts.

¹ A Swiss yacht may exceptionally be entrusted to third parties where this does not amount to evading the requirements concerning the nationality of the owner. Assignment in a professional capacity is prohibited. ²

² The owner remains responsible for the operation of the yacht. It shall respond to the damage caused by this operation in accordance with the provisions of the Law on Shipping and this Order.

¹ Every driver of a Swiss yacht must, in order to drive it, be in favour of a certificate of capacity.

² The examination must take place before a nautical association or a marine navigation school recognized by the Swiss Maritime Navigation Office as the examination body. ¹

³ The Swiss Agency for Maritime Navigation establishes rules for the examination of boat drivers and the recognition of examination bodies. ²

⁴ The examination body shall establish the certificate of capacity after the tests have been successfully tested. No distinction should be made between members and non-members. ³

¹ The provisions of Art. 51, para. 1 and 2, 52, 53, 54, para. 1, 55, para. 1 and 3, 58, 71 and 119, para. 1, of the Law on Shipping, shall apply mutatis mutandis to the driver of a Swiss yacht.

² The Swiss Agency for Marine Navigation shall determine, taking into account the nature, size and type of construction of a yacht, the documents to be kept on board in addition to the flag certificate, and that the driver of the vessel shall Ensure that you keep up to date.

¹ When the owner of a Swiss yacht incurs, for driving, a chief of flight, officers or seafarers with whom service reports are established, the provisions of the art. 82 to 86 and 162 of the Marine Navigation Act, as well as ss. 16, 33, 34, 41, para. 1, 42, para. 2, and 43 of the Order ¹ Apply by analogy. For the rest, the provisions of the Code of Obligations ² Concerning the contract of employment shall apply.

² All provisions of the Marine Navigation Act and the related Order ³ Concerning working conditions apply to yachts with 300 barrels of gross tonnage or more.

¹ This order shall enter into force on 1 ^Er April 1971.

² Art. 143, para. 3, of the Federal Law of 14 December 1965 on Shipping under the Swiss flag, comes into force on the same date.