The Ministry of Ports, Shipping, and Waterways faces a pivotal challenge as the International Financial Services Centres Authority (IFSCA) urges permission for Gujarat International Finance Tec-City (GIFT City) entities to operate foreign flagships without local licensing obligations. This bold proposition aims to lure ship operators to the tax haven by offering a regulatory exemption, potentially reshaping India’s maritime landscape.
The IFSCA’s request, if granted, poses a significant departure from existing statutes. Section 406 of the Merchant Shipping Act, 1958 mandates licenses for Indian and chartered (foreign) ships, a legal hurdle that necessitates statutory amendments for implementation. The maritime sector’s ambitious Amrit Kaal Vision 2047 seeks to elevate Indian flag tonnage, currently less than 1 percent of the global fleet, aligning with the nation’s aspirations to achieve a $32 trillion economy by 2047, with exports contributing $5-6 trillion. Navigating this regulatory shift becomes paramount, considering Section 406 and Section 22 of the M S Act’s stringent licensing and registration requirements. Any deviation requires careful legislative considerations.
The genesis of IFSCA’s proposal stems from demands by Dubai and Singapore-based firms aiming to establish ship leasing and operating units in GIFT City. Despite enticing tax concessions, these entities face regulatory constraints, prompting the IFSCA to advocate for a tailored exemption for GIFT City entities. The proposed exemption aims to alleviate challenges faced by ship operators globally, particularly in the fast-paced ‘spot’ market for international cargo. Streamlining licensing processes becomes imperative, as ship operators engage in swift charter confirmations, crucial for staying competitive in the global market.
As the Ministry grapples with this regulatory crossroads, a delicate balance between fostering economic growth and upholding maritime norms must be struck. The decision holds profound implications for India’s shipping industry and its strategic position in the global maritime landscape.
