New Law Allows 36 Month stay in Polynesia!

[bonobo]

Hi, I don't now if this has already been reported elsewhere but this is hot from the bakery :-)

A new law has been voted in Tahiti allowing cruisers to stay for 36 months.
This new rules became law on May first 2014 ( less than two months ago.)



This is NOT, repeat NOT something picked up from someone, who heard it from someone who heard it from his cousin brother in-law ... :-)

Arrêté n° 655 CM du 22 avril 2014 405,61 kB | 20/05/2014
La réglementation.
Votre navire peut séjourner dans les eaux polynésiennes, sans être dédouané et payer les droits et taxes à l’importation pour une durée maximale de 36 mois

There are strings attached but they are not of the concern of honest cruisers who are just visiting . Like, the boat must be YOUR property, not from a LLc or other scam, you, the owner or you next to kin wife, children has to be on board, you can not loan your boat to anyone else ...etc ... Not really a problem for honest cruisers as you see :-)

[Paul L]

This allows the vessel to stay for 36 months without import tax. It does not give the owners/crew a visa to stay that long. Their visa will be dependent on the passport they carry. If its US, it will still be 90-days out of 180. Unless they've changed that too.

[bonobo]

You are correct, a US person can still only stay 90 days :-(
But the boat can stay 36 months and this is new and good for other passports such as the EU passports :-) who can request a log-term visa. (The French can now stay indefinitely )But not only the EU, even USA citizens can now leave their boat there and come back two times 90 days per year for 3 years with NO tax on the boat ... Gives you much longer to cruse all the islands ...
I still think it is a big step in the good direction for Polynesia...

[JPA Cate]

Bonobo,

Can the boat be stored if the owner or next of kin are not on board?

Ann

[Aussiesuede]

English Translation:

BOATING
You are a tourist boater?
You want to stay temporarily in Polynesian waters with your ship?
Your vessel may qualify for a temporary suspension of duties and taxes
TEMPORARY PLEASURE VESSELS IN SUSPENSION OF ADMISSION FEES AND CHARGES

Visit the official text:
CM Decree No. 655 of 22 April 2014
405.61 kB | 05/20/2014
Regulation.

Your ship can stay in Polynesian waters without being cleared and pay duties and taxes for importation a maximum duration of 36 months subject to the following conditions:

a - The owner or operator of the ship.:
shall not be resident in French Polynesia or do not become during his stay in French Polynesia, should not gainfully employed on Polynesian territory.

b - ship.: must be registered outside the customs territory of French Polynesia,
must be owned by a natural or legal person established outside the customs territory of FrenchPolynesia , not be subject to commercial use, loan, lease,
may be a sale: to a purchaser resident, after the regulatory formalities, the buyer conducts the consumer, a non-resident purchaser: the period of temporary admission is not changed.

Failure of one of these conditions you lose the benefit of the regime of temporary admission (TA) for your vessel.

The benefits of the scheme:
The stay of your vessel under temporary admission, not only allows you to use the ship without the customs clearance and without paying duties and taxes on imports, but benefit from a partial exemption from duties and taxes your refueling diesel.

The authorization form untaxed diesel supply will be issued on request by the office of Papeete harbor, on presentation of your customs declaration input.
Stay under AT.

There is continuous subject to the conditions outlined above. Spare parts, equipment and materials present on the ship when it entered and used for operations repair of a ship, benefit from the system of AT: importation is effected under cover of a declaration (DAUP model) for temporary non-bonded:
The goods concerned shall be reported either to the position of their own, be under the Tariff Codes 99.08.00.00. Regularization it is done in accordance with customs regulations. The destruction of defective and replaced after repair parts, shall, after prior authorization from the Customs, be attested by any means.
Beyond the maximum period of stay of 36 consecutive months under temporary admission, you must leave the waters of the French Polynesia with your ship or customs clearance.

The renewal of the temporary importation procedure of a pleasure boat for private use, can only occur presentation to the authorities of French Polynesia, proof of departure from the territory and entry in a territory alien to French Polynesia.

Transitional provision.:

This provision applies to vessels already granted temporary admission to the date of April 29, 2014 release date of Decree No. 655 of 22 April 2014 CM.'s length of stay already done under the old system is deducted pro rata
temporis the new deadline.

Output of TA.
At the end of the stay in AT, three options are available:
a - Option 1. Polynesian waters you leave with your ship
You must file your customs declaration output (necessary for the "clearance outlet") to gendarmerie Island last touched or directly from the customs office of Papeete harbor:

internet:
croc-polynesie@douane.finances.gouv.fr
,
by mail: Customs Papeete Port Service (craft) - BP 9006 Motu Uta - 98715 Papeete,

fax: (689) 40 50 55 95

The final departure of French Polynesia, you will, upon presentation of an exit permit "clearance" prior covered by the Port of Papeete, a total exemption from customs duties and taxes on your refueling diesel.

Exit permit "clearance" also justify the actual release date of the scheme in the case of a renewal a call for temporary admission of your ship, subject to the conditions set out above i.

b - Option 2. you want to install in French Polynesia.

This option allows you to use freely and without restriction your ship in French Polynesia. It addresses people who have decided to take up residence in French Polynesia.

c - Option 3. want to sell your ship Polynesian resident. After the formalities prescribed, the buyer is asked to pay duties and taxes in accordance with its
own heading taken to the Customs Tariff.

Clearance of vessels is done with the customs office of Papeete harbor.
A recommendation. If in doubt about the legality of the situation of your ship, or if you have any questions regarding the regulations, you are invited to bring promptly to the Regional Directorate "business consulting cell"

Customs:
Office Hours: 7:00 a.m. to 3:30 p.m.
Tel: (689) 40 50 55 58
Fax: (689) 40 43 55 45
Mail: cce-polynesie@douane.finances.gouv.fr

It will process your competition a review of your case and if appropriate its régularisatio

[roverhi]

If the stay for US Citizens is only 90 days, some DS government officials are not only shooting themselves in the foot, they are blowing their whole leg off. We spent 5 months in the Marquesas and another 2 months in the Tuamotus and didn't even begin to explore that group of islands. Basically what they are saying is bypass FP and go on to islands further west where you are welcome for longer stays.

The 36 month stay allowed for a boat seems like it's just to benefit French Cruisers.

[Aussiesuede]

Roverhi,

You can still pre-apply for a Long Stay Visitors Visa if you desire more than a stay of 90 days.

Long Stay Visitor Visa for New Caledonia & French Polynesia - La France en Australie

[DoubleWhisky]

Originally Posted by roverhi

If the stay for US Citizens is only 90 days, some DS government officials are not only shooting themselves in the foot, they are blowing their whole leg off. We spent 5 months in the Marquesas and another 2 months in the Tuamotus and didn't even begin to explore that group of islands. Basically what they are saying is bypass FP and go on to islands further west where you are welcome for longer stays.

The 36 month stay allowed for a boat seems like it's just to benefit French Cruisers.

It is to benefit cruisers from many countries, roverhi.
At some point it is necessary to accept some simple facts:

1. USA has very strict policy regarding visas and time of non-visa stays (for the citizens of some countries not demanded to obtain short time visa)
2. This policy is reflected by the policies of many other countries on the symmetry basis.
3. In effect it is more difficult for US citizens to obtain long stay visas than for citizens of other countries, like New Zealand or Australia for example.

It is not good and not nice US cruisers are restricted in some areas, but it take two to dance, as You well know.
We, in Poland, waived the demand for short stay visas for US citizens some 20 years ago, long before entering Schengen agreement, hoping for symmetrical move of US. But we still need a visa to visit a USA. The same is true for some other EU countries.
Time limit of the visit in USA applies to all Schengen countries citizens.

Is it strange for You, that several of those countries oppose heavily against granting more visa privileges to US citizens?

I would be happy to see something like free Schengen movement for the citizens of USA, Canada, EU, Australia, New Zealand and possibly some other countries, but in each relation it is back to the same - it take two to dance...

Just let's hope that new Schengen regulations (in progress) can trigger some positive reaction on US side, but I'm really in doubt...



Best regards


Tomasz

[bonobo]

THANK YOU Aussiesuede for the link.

And THANK YOU Doublewisky for your input ! I could not have say it better !

Lets not get into a political discussion nor start a polemic on the American way of looking at the world but it is nice sometimes to rub their nooses in their own....

This new law is not only for the "French", the only advantage they have is the « non limit stay » with no visa, but this has always been this way. Actually,They are the most chased after by the french customs in overseas french territories! You guy's should see the french cruising forums, the cruisers there in Fr.Pol. are complaining of the harassment of the customs agains them and the many thousands of fine they had / have to pay of they are even a few days over their quota !

European countries need to extent their 90 visa when arriving in the territory, I got written confirmation of this yesterday from the French Pol. Immigration office in Papeete and from the Belgian Consul at the same place.

Back to US customs and the "it takes two do dance" I will take Belgium as a example. Belgium, brussels, head of the European Union, a little like Washington DC :-)
A Belgian boat can get a "cruising permit » for the US waters valid ONE year .... BUT !!! The time allowed in the US with the "tourist" visa is .... 90 DAYS and not renewable ! And !!! when arriving per private vessel, a cruiser need to have a visa delivered by a US embassy in advance in the country of origin ! To obtain such a visa on need to think at FOUR months delivery period during which the "belgian" citizen is "background checked"... !!! This visa is very difficult to obtain because, a "Belgian" do not « normaly » need a visa to enter the US by "Public transportation".... ( Plane, cruse-ship, greyhound bus for the canadian border) The immigration officer at the embassy are very suspicious when you therefor ask for a "VISA" ... They don't know the law of the US immigration for such "unusual cases" and they even less understand you can sail from europe to the US with your own little boat! Also .... This is Not free !!! If a belgian citizen want to "speak" over the phone with a US immigration officer .... He has to transfer 45 $ by Credit card to the US treasury, then only he can SPEAK ! BY PHONE! To a agent. Then he has to obtain a appointment in the embassy for the first of 3 'Interviews" They whole think will take months and many hundred of dollars ! Just to be able to get into the US with your own boat ! NO Other country in the world has such a anti social behavior ...

I do not invent this, this is personal experience.
This is what happen to us when arriving in St Thomas USVI's after ten days at sea ... : We arrived at 4 in the afternoon,
(we had been traveling all our lives by plane to the US with never any problems as we filled in the "visa waver" in the plane and got a 90 day passport stamp a the arrival terminal.)
So what was our surprise to hear from the custom "officer" that we where breaking the law, that we had to leave "IMMEDIATELY" the US territorial waters or pay a ... 5000 $ fine ! I still have not found any other "developed" country with such a inhumane behavior ... Our begging to be able to stay for the night was radically denied, even if they knew we could die leaving at that time due to fatigue and the weather conditions !!!

So, dear American cruising friends, before criticizing any foreign country on their "anti american" approach of a US cruiser .... Look first at haw YOUR country handle a foreign cruiser ...

[bonobo]

Originally Posted by Ann T. Cate

Bonobo,

Can the boat be stored if the owner or next of kin are not on board?

Ann

Yes, off course, it is just when "cruising" the territorial waters that the boat needs to be "crewed" by the owner or newt of kin :-) No loaning the vessel out to "friends" ... :-)

[chouliha]

"European countries need to extent their 90 visa when arriving in the territory, I got written confirmation of this yesterday from the French Pol. Immigration office in Papeete and from the Belgian Consul at the same place. "

I am a bit unclear on your statement. As a EU person (Ireland) I would obtain a 90 day visa when I arrive and then could extend it? For how long? Can this be done in the Marquises?

Linda is a US citizen and we are planning to apply for a long term visa for her in Quito, Ecuador. But for me being dual citizen I assume I can just show up.

A Swiss couple were told they needed to apply for a long term visa which they did in Quito.
Then about a week after submitting it they received an email from the French embassy that said a mistake was made and to come get your passports and refund. Go figure?









Sent from my iPad using Cruisers Sailing Forum

[JPA Cate]

To everyone:

As a US citizen, I wish to apologize for how difficult my country of origin makes life for foreign cruisers. There is considerable paranoia there. One is aware of how much easier it is for politicians to govern a terrified public--and one must not discuss political issues on CF. Nonetheless, I am sorry for the difficulties for cruisers.....and even others.

Ann

[bonobo]

Dear Ann T. It is NOT your fault not the fault of any cruiser
(i would hope :-) )

To Chouliha,
I'm not a immigration, nor custom agent ... So I only transfer the info I received as Belgian (and Canadian, dual citizen)
I requested info as Belgian / EU citizen - resident .
Upon arrival in the French Polynesian territories, (this includes the Marquises and the Gambier islands off course). All citizen of the EU including Switzerland and some other European "princedoms" such a Monaco, etc ... AS WELL AS US Citizen will receive a 90 days tourist visa / stamp in their passport . EU citizen do not even need a passport ! A EU ID cart is sufficient. (Don't know where they will put the stamp, but this is a not relevant here).

Then ! Within these 90 days ! , the person must apply for a extension of the "Visa" at any local City-hall - administration ....
This I got from the Polynesian immigration office last week. So yes, this can be done in the Marquesas...

The Belgian Embassy over-there, wrote me back that as "Belgian", we did not even need to do this "extension", that we where, as the French citizen, allowed indefinitely on the territory ... ????

As far as US citizen ... I really can't give you a definite answer. I think they should contact their embassy in Tahiti .... Or the French embassy in the US or wherever they are.

To be on the safe side, i would suggest everyone, as I did, who is planning a longer than 90 days stay, to contact the Polynesian immigration and also their individual irish, English, Dutch, Spanish, German, Lithuanian, or whatever country you are resident of... consul or embassy in Polynesia.

Marc

[chouliha]

Hey Marc. Thanks for the clarification. Understand you are just passing it along. Much appreciated


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[Livia]

This *is* rumor right now but apparently they are also debating changing the import duty from 26% to 5% to encourage people to import their boat (if staying beyond 36 months or if wanting to work for example).