Legislation Details
- Full Title: Federal Decree by Law Concerning the Maritime Law
- Law Type: Federal Decree-Law
- Law Number: (43) of 2023
- Issued Date: 28 Sep 2023
- Effective Date: 29 Mar 2024
- Official Gazette: No. 760
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 782
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates maritime activities in the United Arab Emirates, including the operation of ships, maritime navigation, and related commercial transactions. The law aims to provide a comprehensive legal framework for the maritime sector, covering areas such as ship registration, crew requirements, cargo transportation, marine accidents, and maritime insurance. (Federal Decree by Law Concerning the Maritime Law, 2023) The law is significant for businesses and individuals involved in the UAE's maritime industry, as it establishes clear rules and procedures governing their operations. It also enhances the UAE's position as a regional hub for maritime trade and transportation by ensuring the safety and security of maritime activities within the country's territorial waters. (Federal Decree by Law Concerning the Maritime Law, 2023)
What is the scope and purpose of this law?
The scope of this Federal Decree-Law is to regulate all seagoing watercrafts, ships, and maritime means that engage in activities related to freight forwarding and maritime navigation within the UAE, with the exception of ships and marine vessels designated for military purposes or government-owned vessels used for non-commercial purposes. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 2) The purpose of the law is to provide a comprehensive legal framework for the maritime sector in the UAE, covering various aspects such as ship registration, crew requirements, cargo transportation, marine accidents, and maritime insurance. The law aims to enhance the safety and security of maritime activities within the country's territorial waters and strengthen the UAE's position as a regional hub for maritime trade and transportation. (Federal Decree by Law Concerning the Maritime Law, 2023)
What are the key definitions under this law?
The law provides the following key definitions:
- The State: The United Arab Emirates
- The Ministry: Ministry of Energy and Infrastructure
- The Minister: The Minister of Energy and Infrastructure
- The Competent Authority: The government of any of the Emirates or any other entity affiliated therewith
- Territorial Waters of the State: All maritime zones of the UAE, including the internal waters, the territorial sea, the contiguous zone, and the exclusive economic zone
- The Ship: Any seagoing watercraft operating or intended to be operated for maritime navigational purposes, even if it does not aim to make a profit
- The Captain: Every natural person who commands and is in charge of a ship
- The Seafarer: Every natural person bound by a Seafarer Employment Agreement
- The Charter Party: A contract whereby the Shipowner undertakes to put a seagoing ship or part thereof at the disposal of the Charterer for a fixed period or for carrying out one or more voyages
- Contract of Carriage by Sea: A contract whereby the Carrier undertakes to carry cargoes or passengers
(Federal Decree by Law Concerning the Maritime Law, 2023, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations and requirements: 1. All seagoing watercrafts, ships, and maritime means engaged in activities related to freight forwarding and maritime navigation must comply with the provisions of this law, unless they are designated for military or non-commercial government purposes. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 2) 2. The relationship between persons in relation to matters regulated by this law shall be governed by the contracts and agreements concluded between them, unless they go against the provisions of the law. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 3) 3. The law requires the registration of ships and the issuance of a navigation license for their operation. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 12-23) 4. Seafarers must be bound by a Seafarer Employment Agreement and comply with the requirements set forth in the law. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 93-106) 5. Carriers must comply with the provisions governing the contract of carriage of goods and passengers by sea. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 155-220)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing, registration, and approval requirements: 1. Ships must be registered in the UAE and granted a navigation license to operate. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 12-23) 2. Pilots must be licensed to provide marine pilotage services to ships. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 110-115) 3. Shipping agents, transit agents, and loading and unloading contractors must be authorized to perform their respective roles. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 116-129)
What rights and protections does this law provide?
The law provides the following rights and protections: 1. It grants seafarers the right to a Seafarer Employment Agreement and sets forth their employment-related rights and obligations. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 93-106) 2. It establishes the rights and obligations of parties involved in the contract of carriage of goods and passengers by sea, including the rights of cargo owners and passengers. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 155-220) 3. It provides for the protection of the marine environment and the safety of maritime activities. (Federal Decree by Law Concerning the Maritime Law, 2023, Arts. 68-73)
Which authorities or bodies are responsible for enforcement?
The law does not explicitly specify the authorities or bodies responsible for the enforcement of its provisions. However, it does mention the role of the "Competent Authority," defined as the government of any of the Emirates or any other entity affiliated therewith. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 1)
What are the penalties for non-compliance?
The law provides for the following penalties for non-compliance: 1. Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 500,000 for any person who operates a ship without a valid navigation license. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 341) 2. Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 500,000 for any person who fails to comply with the requirements for the registration of a ship. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 342) 3. Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 500,000 for any person who fails to comply with the requirements for the Seafarer Employment Agreement. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 343) 4. Imprisonment for a period not exceeding one year and/or a fine not exceeding AED 500,000 for any person who fails to comply with the requirements for the contract of carriage of goods or passengers by sea. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 344)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or financial provisions.
What exemptions or exceptions apply?
The law exempts the following from its provisions: 1. Ships and marine vessels designated for military purposes. 2. Government-owned vessels and marine vessels designated for non-commercial purposes. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 2)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The law does not specify any key deadlines or time limits.
How does this law interact with other UAE legislation?
The law states that the provisions of Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law shall apply to activities in connection with maritime navigation as commercial businesses, regarding matters for which there is no special provision in this Decree-Law. (Federal Decree by Law Concerning the Maritime Law, 2023, Art. 2)
When did this law come into effect?
This Federal Decree-Law Concerning the Maritime Law was issued on 28 September 2023 and will come into effect on 29 March 2024. (Federal Decree by Law Concerning the Maritime Law, 2023)
Source Documents
This article analyses Federal Decree by Law Concerning the Maritime Law for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.