When Yachts Go Dark on AIS: Consequences Depend

Since the invasion of Ukraine began, multiple international governments have sought out and seized yachts belonging to Russians. Several Russian-owned yachts have turned off their AIS transponders, too, seemingly to conceal their movements and locations and elude sanctions. Notably, the IMO requires the transponders to operate in port and while underway. So, what happens when yachts go dark on AIS? What legal consequences do they face? The answer seems to be: not much, if anything at all.

Firstly, AIS—short for Automatic Identification System—is a safety-oriented system. More than 20 years ago, the IMO adopted a requirement for vessels to carry an AIS transponder. The transponder provides information about that vessel to other vessels and coastal authorities. This includes her name, dimensions, and planned route, among other details. Every ship of 300 gross tons or more engaged on international voyages must have AIS. Cargo ships of 500 gross tons and larger not engaged on these voyages need it as well. The regulations further require it for all passenger vessels regardless of size.

Additionally, with some exceptions, AIS must be operational at all times. For example, a captain might determine that its continual operation could compromise safety and security—say, in pirate-laden regions. In these cases, the IMO sets out clear guidelines. Captains need to record the details in the logbook, for one. They also must “report this action and the reason for doing so to the competent authority,” the rules state.

However, “There are no international rules governing the monitoring of AIS,” notes Benjamin Maltby, a Keystone Law partner. In other words, neither the IMO itself nor a flag state has formal procedures for reviewing why yachts go dark on AIS. Additionally, Maltby says, “It is unlikely that the IMO or flag states will have the political inclination or manpower needed for this.”

Not only that, but the IMO doesn’t outline consequences, only the requirements for shutting it off. “It is unlikely that any investigation into a switch-off would be undertaken by itself,” Maltby continues, “especially if no harm has occurred as a result.”

Theoretically, though, a flag state could investigate after a yacht goes dark. Marc Verburg, the director of yacht operations for IRI/The Marshall Islands Registry, says an inquiry could determine non-conformity and non-compliance with flag-state regulations. “Repeating these unreasonable system shutdowns could lead to further actions by the flag- or coastal-state authorities, including detention, restricted navigation, or cancellation of flag-state registration,” he adds.

If a yacht does lose her flag under these conditions, re-flagging elsewhere occurs on a case-by-case basis. When a yacht applies for Marshall Islands registration, Verbug says, vetting previous registry compliance always takes place. “If it appears that a yacht or vessel has been deleted from a previous flag due to continuing non-compliance, it is unlikely that the vessel with be accepted into the RMI Registry,” he says.

“The reason for being de-registered by one flag state may be the reason why another flag state is reluctant to register,” Maltby concludes. “Such reluctance will stem from high-level political concerns.” 

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