How America’s Cup Act 2011 Affects Superyachts
The Act will for the first time enable foreign-flagged superyachts and other boats to operate as support vessels in conjunction with the races held in US waters.…
President Obama last week signed into law The America’s Cup Act of 2011, which waives certain Jones Act and other restrictions on foreign-flagged vessels operating in conjunction with the 34th America’s Cup. The Act will for the first time enable foreign-flagged superyachts and other boats to operate as support vessels in conjunction with the races held in US waters. US-flagged yachts will be able to charter as normal.
Hamish Ross, Chief Counsel for America’s Cup Race Management (ACRM), worked on the specific language of the Act, and says the legislation was the result of “major effort to secure an exemption to the US coastwise laws (of which Jones Act is one) for the America’s Cup. This was only possible with the support of key people with the various US America’s Cup venues.”
Ross is quick to point out, however that the Act doesn’t kick off an open-season for foreign-flagged superyachts attending the US races. The law only allows “permitted vessels to be designated by ACRM and approved by The Department of Transportation for America’s Cup use to be used in a limited manner in connection with the America’s Cup.”
Specifically, the law enables two classes of vessels: competing vessels (the racing catamarans themselves) and “support vessels”—tow vessels, chase and support boats transporting equipment and materials. It also permits boats transporting individuals who have not purchased tickets or directly paid for passage and who are part of the event as officials, competitors, media or event sponsors. No boat operating under this Act can carry more than 25 persons plus crew.
Under these terms, an America’s Cup corporate sponsor will be able to apply for a foreign-flagged yacht to be a “support vessel” for up to 25 corporate hospitality guests.
The process for certification is two-stage. First, the owner or yacht’s representative will need to apply to ACRM for certification as a support vessel. ACRM then needs to certify that the yacht is needed as part of the event. “There needs to be a link with a sponsor or a team,” Ross says. “You can’t be a yacht owner for example, and say, ‘I want certification,’ and then look for a customer. Once you have a customer, you can seek approval.” Once ACRM provides their certification, a second stage of approval is required by the US Department of Transport.
ACRM is working with the US Department of Transport this week to clarify and finalize the process for these applications. With the next race in US waters set for June 2012, ACRM and the Department of Transport have a bit of time to hammer out a clear and simple process and issue a notice to interested owners, captains, management and charter companies.
Ross did comment that the scope of the ACT is restricted to only the 34th America’s Cup event. “We would have liked wider coverage and a longer term,” Ross said, “but at this stage we had to accept what was going to be realistically possible to allow AC34 to proceed as planned.
In a press release, Richard Worth, Chairman and CEO of America’s Cup Event Authority said, “We thank President Obama for the passage the America’s Cup Act of 2011 into law, and applaud the tremendous bipartisan efforts of members of the U.S. Senate and U.S. House of Representatives in making this legislation a reality. The America’s Cup will not just swell civic pride, it will also provide a wave of economic benefit into the United States.”
Image: Gilles Martin-Raget / www.americicascup.com
Related Links
America's Cup Website |
Hamish Ross, Chief Counsel for America’s Cup Race Management (ACRM), worked on the specific language of the Act, and says the legislation was the result of “major effort to secure an exemption to the US coastwise laws (of which Jones Act is one) for the America’s Cup. This was only possible with the support of key people with the various US America’s Cup venues.”
Ross is quick to point out, however that the Act doesn’t kick off an open-season for foreign-flagged superyachts attending the US races. The law only allows “permitted vessels to be designated by ACRM and approved by The Department of Transportation for America’s Cup use to be used in a limited manner in connection with the America’s Cup.”
Specifically, the law enables two classes of vessels: competing vessels (the racing catamarans themselves) and “support vessels”—tow vessels, chase and support boats transporting equipment and materials. It also permits boats transporting individuals who have not purchased tickets or directly paid for passage and who are part of the event as officials, competitors, media or event sponsors. No boat operating under this Act can carry more than 25 persons plus crew.
Under these terms, an America’s Cup corporate sponsor will be able to apply for a foreign-flagged yacht to be a “support vessel” for up to 25 corporate hospitality guests.
The process for certification is two-stage. First, the owner or yacht’s representative will need to apply to ACRM for certification as a support vessel. ACRM then needs to certify that the yacht is needed as part of the event. “There needs to be a link with a sponsor or a team,” Ross says. “You can’t be a yacht owner for example, and say, ‘I want certification,’ and then look for a customer. Once you have a customer, you can seek approval.” Once ACRM provides their certification, a second stage of approval is required by the US Department of Transport.
ACRM is working with the US Department of Transport this week to clarify and finalize the process for these applications. With the next race in US waters set for June 2012, ACRM and the Department of Transport have a bit of time to hammer out a clear and simple process and issue a notice to interested owners, captains, management and charter companies.
Ross did comment that the scope of the ACT is restricted to only the 34th America’s Cup event. “We would have liked wider coverage and a longer term,” Ross said, “but at this stage we had to accept what was going to be realistically possible to allow AC34 to proceed as planned.
In a press release, Richard Worth, Chairman and CEO of America’s Cup Event Authority said, “We thank President Obama for the passage the America’s Cup Act of 2011 into law, and applaud the tremendous bipartisan efforts of members of the U.S. Senate and U.S. House of Representatives in making this legislation a reality. The America’s Cup will not just swell civic pride, it will also provide a wave of economic benefit into the United States.”
Image: Gilles Martin-Raget / www.americicascup.com
Related Links
America's Cup Website |
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