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Rules for foreign flag vessels in US

Discussion in 'General Yachting Discussion' started by Pascal, Mar 20, 2008.

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  1. Capt Bill11

    Capt Bill11 Senior Member

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    Good idea. She would be a good person to talk with first.
  2. dennismc

    dennismc Senior Member

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    I will have an update on this issue in about 3 weeks, there is supposedly a recent change in requirements for foreign flagged vessels customs/immigration paperwork. Will post when I have gone through the process.
  3. Capt Bill11

    Capt Bill11 Senior Member

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    Looking forward to see that. Thanks for the follow up.
  4. JWY

    JWY Senior Member

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    ...A customer of mine is looking at a floreign flagged boat in the 1M price range...

    Pascal: I know you are Miami based. Be careful you are not crossing lines into brokering. Florida Dept. of Business and Professional Regulations has definitions of brokering that might differ from yours. There's some pretty sharp employees in DBPR and the penalties are steep.

    Judy
  5. Pascal

    Pascal Senior Member

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    no problem... this is a year old thread anyway... by customer I meant owner... I have no intention of getting into brokering or anything close to that. Like most captains, when I assist an owner or prospective owner it's stricly from a technical point of few (construction, systems, layout, etc...) to ensure they get the right boat for their needs and dont' spend money surveying something that's going to fail survey. There is also a buyers broker in the loop as well.
  6. JWY

    JWY Senior Member

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    We've been on the same forums long enough that I assumed you weren't diversifying, but I was passing along a helpful hint for those who might not know what they don't know.

    Judy
  7. NYCAP123

    NYCAP123 Senior Member

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    Over the years I've had many owners and brokers offer to give me fees for helping to sell a boat or steer my people their way. I'm happy to direct a client to a broker I respect or a boat that I think would be good for them, but have a strict policy of never taking money for it because (besides legalities) I feel it would deminish my recommendations. A salesperson can be a captain, but a captain should never be a salesperson.
  8. JWY

    JWY Senior Member

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    According to Fl DBPR, you don't even need to take money to be considered brokering. The Dept. has been known to send agents disguised as buyers to boat shows, and when they ask the boarding gal or captain the price of the vessel, they're busted for brokering.

    Nuff said, just trying to shed some light on potential problems.

    Judy
  9. Ken Bracewell

    Ken Bracewell Senior Member

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    Not that I'd welcome the challenge, but I wouldn't shy away from fighting that one. How could it possibly be considered brokering to answer a question with an answer that is published and could be found in any number of public domains?
  10. rocdiver

    rocdiver Senior Member

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    Crew arrested for brokering?

    Come on, if the yacht is actively for sale there is usually a price on the sign and at the very least on the broker's website (if not every other broker in town).

    So if a Stew, or any other crew for that matter, is graciously giving someone a tour of the vessel and honestly answers a very basic question, it is considered illegal? Where do we stop answering questions? Horsepower? Number of staterooms?

    What sort of penalty might be levied against someone for stating what is already posted? Has this actually happened or is it a "could possibly happen" sort of scenario?

    I'm just curious as I have apparently violated this rule many times in the past . . .

    EDIT: Ken beat me to the obvious questions as I was typing. Sorry Ken.
  11. NYCAP123

    NYCAP123 Senior Member

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    I'd refuse bail and use a legal aid on that one. I'd save my attorney for the suit. That would mean that the new salesperson a broker hires has to refuse to even give the listing price of a boat until they've aquired their brokers license. Paid to twiddle thumbs for how long? Sounds like a good gig. In fact that would make it technically illegal for a magazine or website to post a price on a boat someone was selling unless they held a brokers license.
  12. K1W1

    K1W1 Senior Member

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    Hi,

    I wonder how this affects the boats listed on this website for sale by non brokers? Part of the Rules is the price must be posted.
  13. NYCAP123

    NYCAP123 Senior Member

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    I've been to a lot of boat shows and never saw anyone dragged off in cuffs for telling someone how much a boat was listed for. I'd be interested if anyone can come up with any case law on this.
  14. NYCAP123

    NYCAP123 Senior Member

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    The 2008 Florida Statutes

    Title XXIV
    VESSELS Chapter 326
    YACHT AND SHIP BROKERS View Entire Chapter

    326.002 Definitions.--As used in ss. 326.001-326.006, the term:

    (1) "Broker" means a person who, for or in expectation of compensation: sells, offers, or negotiates to sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the purchase, sale, or exchange of, yachts for other persons
    Guess we can cancel our reservations at the gray bar hotel.

  15. Paid to twiddle thumbs? I will take it. Brokers usually do not get paid until they sell something or one of their listings sells.

    There are only two states that require licensing of brokers, Florida and California, in all other states anyone can be a broker. Also in Florida you do not need a license to sell new boats or boats less than 32 feet.
  16. dennismc

    dennismc Senior Member

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    Foreign Flagged "UPDATE"

    I own a US built yacht, Canadian flagged and am Canadian resident.

    Miami office of Homeland security renewed my annual cruising permit without the requirement of foreign port visit and 15 day gap.

    Ft lauderdale office insists on the foreign visit.Miami does not.

    Miami says the key to the non foreign visit is the boat being US built otherwise, go foreign.

    Apparently each office has differing rules.
  17. Capt J

    Capt J Senior Member

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    I've gone over to the Bahamas for only 1 day and checked back in, in Fort Lauderdale and was issued a new cruising permit everytime on different vessels. I would walk in and check with them first, to find out the specifics.......
  18. Ken Bracewell

    Ken Bracewell Senior Member

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    I renewed my cruising permit in West Palm Beach today. I was informed (by the agent who said she follows the rules by the book) that you have to leave the country for 15 days AFTER your permit expires unless:
    ~The boat is US Duty Paid
    or
    ~The boat is US built