Federal Decree by Law Concerning the Maritime Law

Article 1 ¶

For the purpose of applying the provisions of this Decree-Law, the following words and expressions s
The State:
The Ministry:
The Minister:
The Competent Authority:
Territorial Waters of the State:
Marine Facility:
The Ship:
The Watercraft:
The Port:
The Ship's Husband:
The Captain:
The Seafarer:
The Pilot:
The Ship Agent:
The Shipping Agent:
The Transit Agent:
The Charter Party:
Contract of Carriage by Sea:
Bill of Lading:
Contract Carrier:
Actual Carrier:
Multimodal Transport:
Freight Forwarding:
Marine Accident / Casualty:
General Average Losses:
Special Drawing Rights (SDRs):
Marine Risk:
The Executive Regulations:

Chapter Two: General Provisions

Article 2 ¶

1.The provisions of this Decree-Law shall apply to all seagoing watercrafts, ships, and maritime mea

Article 3 ¶

The following provisions shall apply to the relationship that may be established between persons in

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If a dispute arising from the application of the provisions of this Decree-Law is settled by way of

Article 5 ¶

The employees of the Ministry or the competent authority, who are designated by a decision issued by

Article 6 ¶

Employees granted the capacity of the judicial enforcement officers have the right to board and insp

Section Two: The Ship

Chapter One: Ship and Shipbuilding Contract

Article 7 ¶

1.The ship is a tangible movable property, and the provisions that apply to tangible movable propert

Article 8 ¶

1.Each ship shall be given a specific name, which shall be placed in a prominent place on the ship.

Article 9 ¶

1.The shipbuilding contract is the contract whereby the shipbuilding contractor undertakes to build

Article 10 ¶

1.Ownership of the ship shall not be transferred to the shipbuilding applicant unless he accepts the

Article 11 ¶

1.The shipbuilding contractor shall be held accountable for hidden defects in the ship, even if the

Chapter Two: Nationality and Registration of the Ship

Article 12 ¶

1.The ship acquires the nationality of the State if it is registered in the Ministry's Ships Registe

Article 13 ¶

1.In order to register a ship in the Ministry's Ships Register, the following requirements shall be

Article 14 ¶

Ships registered in the Ships Register shall fly the State's flag, and no other ships can fly the St

Article 15 ¶

1.Foreign ships may not carry out maritime carriage between the State's ports or engage in fishing,

Article 16 ¶

1.No natural or legal person may practice any maritime activity through a seagoing watercraft unless

Article 17 ¶

1.The Ministry shall maintain a special register for seagoing watercrafts and buoys designated and n

Article 18 ¶

1.The Charterer of a ship registered abroad that meets the conditions for registration under the Emi

Article 19 ¶

1.The Ministry may license the owner of a ship registered with the Ministry to fly the flag of anoth

Article 20 ¶

1.The Ministry shall inform the maritime administration of the country, whose flag will be raised on

Article 21 ¶

1.The ship shall be removed from the Register in any of the following cases: a.If the ship perman...

Chapter Three: Navigation License

Article 22 ¶

1.Any ship registered with the Ministry shall be prohibited from practicing any maritime activities

Article 23 ¶

1.The captain of the ship or seagoing watercraft shall inform the Ministry or the competent authorit

Chapter Four: Legal Dispositions Associated with the Ship

Article 24 ¶

1.The Ministry shall attest every contract that results in the creation, transfer or termination of

Article 25 ¶

1.The owner of a ship registered in the State may not take any action in respect of the transfer of

Article 26 ¶

1.The owner of a ship registered in the State may not dismantle the ship or sell its wreckage before

Chapter Five: Co-ownership of A Ship

Article 27 ¶

1.If there are multiple owners of the ship, they shall be deemed co-owners, whether they are natural

Article 28 ¶

1.No joint owner may mortgage or sell its share in the ship without obtaining the approval of the re

Chapter Six: Liens Over the Ship

Article 29 ¶

The lien holder of a ship may keep a watchful eye on the ship wherever it exists, in order to satisf

Article 30 ¶

1.Liens are not subject to any formal procedure or any special requirement of proof, except for case

Article 31 ¶

1.The preferred debts described in Article (29) of this Decree-Law become payable on the ship and th

Article 32 ¶

1.The forwarding freight is considered to be the travel freight of passengers, and the value for det

Article 33 ¶

The lien associated on the forwarding freight shall remain valid as long as the freight is payable o

Article 34 ¶

1.The preferred debts relating to a single voyage shall be created in accordance with the order ment

Article 35 ¶

Preferred debts arising from the ship's last voyage take precedence over the preferred debts arising

Article 36 ¶

The liens associated with the ship shall expire in any of the following cases: 1.Judicial sale of th

Article 37 ¶

1.In the event of denial and absence of a legally-admissible excuse, the cases relating to liens ass

Article 38 ¶

The foregoing provisions shall apply to ships operated by the owner ship's husband, the non-owner sh

Article 39 ¶

The competent authority has the right to impose an attachment on the shipwreck to guarantee the expe

Article 40 ¶

The provisions contained in this Chapter shall apply to commercial ships owned, operated or managed

Chapter Seven: Bottomry Bond

Article 41 ¶

1.The ship may be mortgaged in accordance with the provisions referred to in this Chapter, regardles

Article 42 ¶

1.The ship shall be mortgaged by a bond accompanied by the authentication of the signatures of the p

Article 43 ¶

1.The mortgage executed in connection with the ship or a share therein shall remain effective with r

Article 44 ¶

1.The mortgage shall be immediately next in rank to the preferred debts referred to in clauses (1),

Article 45 ¶

1.Creditors who are mortgagee of a ship or part thereof shall keep a watchful eye on the ship wherev

Article 46 ¶

Any disposal of a ship burdened by a mortgage that results in it losing the nationality of the State

Article 47 ¶

1.If the mortgage is on a share not exceeding half of the ship, the mortgagee creditor has no choice

Article 48 ¶

1.Enforcement on the mortgaged ship shall be carried out in accordance with the procedures for Preju

Article 49 ¶

1.If ownership of the mortgaged ship or any thereof is transferred before the attachment report is r

Article 50 ¶

1.In the case described in Article (49) of this Decree-Law, any creditor may apply for the sale of t

Article 51 ¶

If no mortgagee creditor submits the application referred to in Article (50) of this Decree-Law, the

Article 52 ¶

The mortgage registration shall be removed by agreement to be executed between the parties or by a f

Chapter Eight: Prejudgment Attachment

Article 53 ¶

1.Prejudgment attachment shall be created on the ship in satisfaction of a maritime debt, by a decis

Article 54 ¶

1. Holders of the debts described in Article (53.2) of this Decree-Law may apply for attachment of t

Article 55 ¶

1.The creditor may request attachment of the ship or on any other ship owned by the charterer, if th

Article 56 ¶

It is not permissible to order the imposition of a Prejudgment attachment on the ship unless the com

Article 57 ¶

1.The attachment of the ship shall result in preventing the same from sailing. 2.The competent court

Article 58 ¶

1.A copy of the Prejudgment attachment report shall be delivered by the enforcement officer to the S

Article 59 ¶

1. The Prejudgment attachment applicant shall file a case for the validity of the attachment before

Article 60 ¶

Without prejudice to any agreement to refer the dispute to arbitration, the court, in whose jurisdic

Chapter Nine: Enforcement Attachment

Article 61 ¶

1.No Enforcement Attachment may be imposed on the ship until at least (24) twenty-four hours have pa

Article 62 ¶

1.A copy of the Enforcement Attachment report shall be delivered to the Ship Agent, captain or his r

Article 63 ¶

1.The Enforcement Attachment report shall include a summons for the parties concerned to appear befo

Article 64 ¶

If the court orders the sale, it shall determine the basic price, conditions of sale and days on whi

Article 65 ¶

1.Concerning the cases filed requesting the entitlement to the ship and invalidation of the Enforcem

Article 66 ¶

1.Cases for entitlement filed after the auction shall be considered an objection to the delivery of

Article 67 ¶

Sale of the ship by auction shall result in its release, and the winning bidder is not be obligated

Section Three: Security & Safety and Marine Environment

Article 68 ¶

1.For the purposes of enforcing international and national requirements in relation to security, saf

Article 69 ¶

1.All parties concerned shall enable representatives of the Ministry to embark the ship, enter seago

Article 70 ¶

The captain of any ship sailing in the State's maritime zones shall take all necessary measures to p

Article 71 ¶

1.Any captain who intends to enter the ship into any of the State's ports shall ensure the existence

Article 72 ¶

1.Compliance with the security controls on the ship shall have priority over the interests represent

Article 73 ¶

1.The Ministry may prevent ships and seagoing watercrafts that do not comply with ratified internati

Section Four: Port Facilities

Article 74 ¶

1.The Ministry may prevent ships and seagoing watercrafts that do not comply with ratified internati

Article 75 ¶

The port authority shall, in coordination with the competent authority, issue a special regulation r

Article 76 ¶

The Ministry may, on its own initiative or upon the recommendation of the competent authority, impos

Section Five: Crew

Chapter One: Ship's Husband

Article 77 ¶

1.The shipowner shall be presumably be the ship's husband, unless it is proven that its use has been

Article 78 ¶

The ship's husband shall, before and during the sea voyage, take all necessary measures to ensure th

Article 79 ¶

1.The ship's husband shall be absolutely responsible for his personal faults, especially in the even

Article 80 ¶

1.The ship's husband or the like may invoke the limitation of their liability for the faults and obl

Article 81 ¶

The ship's husband or the like may not invoke the limitation of his liability in any of the followin

Article 82 ¶

1.The captain, seafarers or other subordinates may invoke the limitation of liability if the casualt

Article 83 ¶

1.The liability of the ship's husband or the like for damage resulting from a single casualty shall

Article 84 ¶

1.If the maximum limit for compensation for deaths and physical injuries is not sufficient to cover

Article 85 ¶

1.If there are multiple debts arising from a single casualty, the ship's husband or the like may req

Chapter Two: The Captain

Article 86 ¶

1.The ship's husband shall appoint the captain, in accordance with the controls determined by the Mi

Article 87 ¶

1.The captain has the authority necessary to maintain order and security of the ship, as well as onb

Article 88 ¶

1.The captain is considered the legal representative of the ship's husband and represents him before

Article 89 ¶

The captain shall take the following measures: 1.Take the necessary measures to maintain the ship's

Article 90 ¶

1.The captain has the authority to document and record births and deaths that occur on board the shi

Article 91 ¶

1.If unusual causalities occur during the voyage in relation to the ship, the cargo or the passenger

Article 92 ¶

1.The captain shall be held accountable for his personal mistakes with respect to the ship's husband

Chapter Three: Seafarers

Article 93 ¶

1.The ship's husband shall appoint the seafarers, in accordance with the conditions and controls det

Article 94 ¶

1.The employment of a seafarer to work on board the ship shall be made pursuant to a seafarer employ

Article 95 ¶

1.The provisions of the Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment R

Article 96 ¶

1.The seafarer shall perform the duties agreed upon in the seafarer employment contract and shall co

Article 97 ¶

1. The amount or type of wage shall be determined in the seafarer employment contract, in accordance

Article 98 ¶

The seafarer is not entitled to additional pay for performing any of the following activities: 1.Any

Article 99 ¶

The ship's husband shall conclude a health insurance policy contract for the benefit of the seafarer

Article 100 ¶

1.If the seafarer is injured or becomes ill while working on board the ship, and the injury or illne

Article 101 ¶

1.The seafarer employed for a definite period shall be entitled to an annual leave of not less than

Article 102 ¶

1.The Executive Regulations shall specify the violations committed by the seafarer, the disciplinary

Article 103 ¶

1.The employment relationship shall be terminated in any of the following cases: a.Upon Terminati...

Article 104 ¶

1.Those who have the nationality of the State may perform any activity on ships sailing outside terr

Article 105 ¶

The State's courts have jurisdiction to adjudicate claims arising from a seafarer employment contrac

Article 106 ¶

In the event of denial and absence of a legally-admissible excuse, claims arising from a seafarer em

Chapter Four: Towing Officer

Article 107 ¶

1.The towing operation shall be managed by the towed ship's captain in any of the following cases: .

Article 108 ¶

The management of the towing operation shall be vested in the captain of the towing ship in any of t

Article 109 ¶

In the event of denial and absence of a legally-admissible excuse, liability claims arising from tow

Chapter Five: Pilot

Article 110 ¶

1.Pilotage shall be deemed compulsory for ships at ports and areas designated by a decision from the

Article 111 ¶

1.Ships subject to the pilotage obligation shall follow the rules specified in the pilotage regulati

Article 112 ¶

The command and management of the ship shall remain the responsibility of the captain while the pilo

Article 113 ¶

If the pilot has to travel with the ship or at the request of the pilot for reasons justifying so, t

Article 114 ¶

1.The ship's husband shall be liable for the damage caused to his ship or to third parties due to an

Article 115 ¶

In the event of denial and absence of a legally-admissible excuse, liability claims arising from the

Chapter Six: Ship Agent

Article 116 ¶

No Ship Agent may perform his activities in the State without obtaining the approval of the Ministry

Article 117 ¶

The ship's agent or the like shall be considered the representative of the ship's husband in cases f

Article 118 ¶

1.The Ship Agent shall take the following measures: a.Coordinate with the captain to take the nec...

Article 119 ¶

The ship's agent shall be liable for both his personal faults and faults committed by his subordinat

Chapter Seven: Shipping Agent

Article 120 ¶

No shipping agent may perform his activities in the State's ports without obtaining the approval of

Article 121 ¶

The shipping agent shall take all reasonable measures to preserve the cargoes he receives on behalf

Article 122 ¶

The condition contained in the bill of lading whereby the Consignor authorizes the Carrier to appoin

Article 123 ¶

The shipping agent shall be liable vis-à-vis the cargo owner and third parties for his personal faul

Chapter Eight: Transit Agent

Article 124 ¶

No transit agent may perform his activities in the State's ports without obtaining the approval of t

Article 125 ¶

The transit agent shall take the following measures: 1.Receive the cargoes from the former Carrier,

Article 126 ¶

The transit agent shall be liable for both his personal faults and faults committed by his subordina

Chapter Nine: Loading and Unloading Contractor

Article 127 ¶

No loading and unloading contractor may perform his activities in the State's ports without obtainin

Article 128 ¶

1.The loading and unloading contractor shall take the following measures: a. Provide services and...

Article 129 ¶

1.The loading and unloading contractor shall be liable for its own personal faults and the faults co

Section Six: Use of the Ship

Chapter One: General Provisions on Ship Chartering

Article 130 ¶

1. The provisions of this Chapter shall apply to charter parties unless the parties agree otherwise,

Article 131 ¶

1. The charter party of a ship shall be executed in writing, and the document of a charter party sha

Article 132 ¶

1.The charterer may sublet the ship, unless a condition is stated in the charter party prohibiting t

Article 133 ¶

1.The cargo shipped on the chartered ship shall guarantee payment of the ship's freight and related

Article 134 ¶

The Charterer shall be liable for any claim filed by a third party against the shipowner due to the

Article 135 ¶

The sale of a ship shall not result in automatic termination of the charter party. However, the buye

Article 136 ¶

In the event of denial and absence of a legally-admissible excuse, the following actions shall not b

Chapter Two: Bareboat Charter

Article 137 ¶

1. A Bareboat Charter is a contract whereby the shipowner undertakes to put, for a fixed period of t

Article 138 ¶

The shipowner shall be held accountable for getting the damage arising out of a defect in the ship r

Article 139 ¶

1.The charterer may manage the ship navigationally and commercially, unless otherwise agreed. 2.The

Chapter Three: Voyage Charter

Article 140 ¶

1.Voyage Charter is a contract whereby the shipowner undertakes to put at the disposal of the charte

Article 141 ¶

1.The shipowner shall assume navigational and commercial management of the ship. 2.The shipowner may

Article 142 ¶

1.The voyage charter shall remain effective without compensation or freight increase, if a force maj

Article 143 ¶

1.The charterer of a ship under a voyage charter shall be required to: a.Load the agreed-upon qua...

Article 144 ¶

1.The charterer shall load and unload the cargo within the agreed-upon period(s), and in the absence

Article 145 ¶

1.The loading or unloading period shall commence as of the day immediately following the day on whic

Article 146 ¶

Upon expiration of the unloading period, the captain may unload the cargo aboard the ship at the cha

Article 147 ¶

1.If the ship fails to reach the agreed-upon port for unloading of the cargo, the captain shall head

Article 148 ¶

1.The charterer may unload its own cargo at its own expense during the voyage at any port before rea

Article 149 ¶

1.The freight shall become due in the event that the cargo loaded aboard the ship is destroyed befor

Chapter Four: Time Charter

Article 150 ¶

1.Time Charter is a contract whereby the shipowner undertakes to put at the disposal of the chartere

Article 151 ¶

1.The shipowner shall assume the navigational management of the ship, shall equip the ship with the

Article 152 ¶

1.The commercial management of the ship shall be assumed by the charterer, who shall bear its expens

Article 153 ¶

1.The shipowner shall be entitled to the freight rate as of the day the ship is put at the disposal

Article 154 ¶

The charter party shall be terminated after five (5) working days from the date of notifying the cha

Chapter Five: General Provisions on the Contract of Carriage by Sea

Article 155 ¶

1. The provisions of this Chapter and the subsequent Chapters thereof shall apply exclusively to the

Chapter Six: Contract of Carriage of Goods by Sea

Article 156 ¶

1.The contract of carriage of goods by sea shall be deemed a contract whereby the Carrier undertakes

Article 157 ¶

1.Upon receiving or loading the cargoes on board the ship, the Carrier shall issue a bill of lading

Article 158 ¶

1.The Carrier or his representative may express reservations about recording the data provided by th

Article 159 ¶

1.An agreement may be made that the Consignor shall issue a letter of guarantee under which he under

Article 160 ¶

1.The paper bill of lading shall be issued in two authentic copies, one of which shall be handed ove

Article 161 ¶

1.If there is a discrepancy between the copy of the bill of lading signed by the Consignor or his re

Article 162 ¶

1.A negotiable paper bill of lading shall be issued in the name of a specific person, to his order,

Article 163 ¶

1.The bill of lading may be issued via any electronic means. 2. An electronic bill of lading shall h

Article 164 ¶

1.The Carrier may give the Consignor a non-negotiable receipt for receiving the cargo before loading

Article 165 ¶

1.If the captain or his representative finds cargo on the ship that are not mentioned in the bill of

Article 166 ¶

1.The Carrier shall deliver the cargo to the person eligible to receive them or to their representat

Article 167 ¶

1.Whoever is entitled to receive the cargoes under the bill of lading may request from the Carrier p

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Article 168 ¶

If the person entitled to receive the cargoes fails to appear or refuses to receive them, the Carrie

Article 169 ¶

1.The Consignor shall submit the data relating to the cargoes when they are delivered to the Carrier

Article 170 ¶

1.The Carrier may, at any time, remove dangerous cargoes from the ship, destroy or remove their dang

Article 171 ¶

1.The Carrier may, at any time, remove dangerous cargoes from the ship, destroy or remove their dang

Article 172 ¶

The Consignor shall take the following measures: 1.Deliver the cargoes to the Carrier at the time an

Article 173 ¶

1.The Consignor or whoever is entitled to receive the cargoes shall not be discharged from paying th

Article 174 ¶

1.The Consignor may give the Carrier new instructions regarding the commencement of the agreed-upon

Article 175 ¶

1. The Carrier shall be liable for the loss or damage to the cargoes in the period between his recei

Article 176 ¶

The Carrier shall not be liable for the loss or damage to the cargoes or the delay in respect of the

Article 177 ¶

1. The Carrier's liability for loss or damage to the cargoes shall be limited to a maximum of (835)

Article 178 ¶

1. It is permissible, by special agreement to be concluded between the Consignor and the Carrier or

Article 179 ¶

1.Any condition in the bill of lading or in any other document that would exempt the Carrier from li

Article 180 ¶

The Carrier may not invoke the limitation of his liability for the loss or damage to the cargoes in

Article 181 ¶

The Carrier may give up all or any of the rights and exemptions conferred thereupon or increase his

Article 182 ¶

1.The parties may agree to regulate liability in derogation from the provisions contained in Chapter

Article 183 ¶

1.If the partial loss or damage to the cargoes is apparent to the person who is entitled to receive

Article 184 ¶

The Carrier, who undertakes to carry out the first stage of carriage by his own means, may undertake

Article 185 ¶

1.The Carrier shall be liable for the damage resulting from the delay in respect of delivering the c

Article 186 ¶

1.The contract Carrier may entrust the implementation of the contract of carriage by sea or the impl

Article 187 ¶

The following cases shall not be heard when there is denial and there is no legally-admissible excus

Chapter Seven: Multimodal Contract of Carriage by Sea

Article 188 ¶

1.It is not considered multi-modal carriage by sea if the carriage contractor issues a separate carr

Article 189 ¶

The carriage contractor may not conclude any multimodal contract of carriage unless he provides a se

Article 190 ¶

1.The multimodal contract of carriage shall be executed in writing. 2.The carriage contractor shall

Article 191 ¶

1.The multimodal document of carriage shall have the probative force in respect of proving the data

Article 192 ¶

1.The multimodal document of carriage may or may not be negotiable depending on the Consignor's choi

Article 193 ¶

The consignee or the holder of the document of carriage shall be granted all rights with regard to t

Article 194 ¶

1.The multimodal carriage contractor shall deliver the cargoes received thereby from the Consignor t

Article 195 ¶

The Consignor may withdraw from the multimodal contract of carriage before delivering the cargoes to

Article 196 ¶

1.The Consignor shall pay the carriage freight agreed upon before the start of the voyage. If it is

Article 197 ¶

1.If the loss or damage of cargoes or the delay of their delivery arises during any of the carriage-

Article 198 ¶

In the event of denial and absence of a legally-admissible excuse, the following cases shall not be

Chapter Eight: Transport of Cargoes

Article 199 ¶

1.The Freight Forwarder shall be considered a Carrier contracting with the Consignor if the same und

Article 200 ¶

1.Without prejudice to the provisions relating to the registration of contracts concluded by the Fre

Article 201 ¶

The provisions regulating each contract according to its nature and type shall apply to contracts co

Article 202 ¶

1.The Freight Forwarder shall carry out the duties assigned thereto by the Consignor. 2.The Freight

Article 203 ¶

1.The Consignor shall provide the Freight Forwarder with data regarding the type of cargoes carried,

Article 204 ¶

1.If the nature of the cargoes carried requires that they be wrapped, packaged or stowed, the Consig

Article 205 ¶

In the event of denial and the lack of a legally-admissible excuse, cases arising from the carriage

Chapter Nine: Contract of Carriage of Passengers by Sea

Article 206 ¶

The provisions of this Chapter shall not apply to free carriage unless the Carrier is professional,

Article 207 ¶

1.The contract of carriage of passengers by sea shall only be executed in writing. 2.The fixed docum

Article 208 ¶

1.The Carrier shall issue the ticket in the name of the passenger, and the passenger may not transfe

Article 209 ¶

The Carrier shall undertake to take the following measures: 1. Exercise the necessary care to make t

Article 210 ¶

1.The passenger shall be present at the time and place specified in the travel ticket. 2.If the pass

Article 211 ¶

1.The passenger may cancel the contract without compensation, if the ship is unable to travel due to

Article 212 ¶

1.If voyage is interrupted for a period exceeding three (3) days, the passenger may terminate the co

Article 213 ¶

1.The passenger shall pay the carriage fare agreed upon before the start of voyage unless otherwise

Article 214 ¶

1.The Carrier shall be held liable for the damage caused to the passenger as a result of delay in re

Article 215 ¶

1.The Carrier shall be held liable for the damage that gives rise to the passenger's death or physic

Article 216 ¶

1.The Carrier's liability for the death or physical or mental injury of any passenger shall be equal

Article 217 ¶

1.The contracting parties may agree that the Carrier's liability be determined in a value higher tha

Article 218 ¶

Any agreement executed prior to an incident that gives rise to the death or physical or mental injur

Article 219 ¶

In the event of denial and absence of a legally-admissible excuse, the following claims shall not be

Article 220 ¶

1.If the maritime carriage is implemented pursuant to a tourist program, the Carrier may grant the p

Section Seven: Marine Accidents

Chapter One: Management of Marine Accidents

Article 221 ¶

1.The captain, shipowner, ship's husband and ship's agent of a ship that carries the flag of the Sta

Article 222 ¶

1.The captain or any pers on acting on his behalf shall take the following actions upon occurrence o

Article 223 ¶

Whoever watches or becomes aware of the occurrence of a marine accident or receives a request for he

Article 224 ¶

Immediately upon receiving a notice indicating the occurrence of a marine accident to any ship that

Article 225 ¶

The Ministry shall coordinate with the competent bodies that are in charge of searching for the ship

Article 226 ¶

1.The ships that carry the flag of the State shall be required to provide equipment for transmission

Article 227 ¶

1.The Ministry shall investigate the marine accidents experienced by the ships that carry the flag o

Article 228 ¶

The maritime accident shall be investigated if it gives rise to any of the following situations: 1.D

Article 229 ¶

1.The Ministry may inspect or examine the ship and collect evidence for investigation purposes, and

Article 230 ¶

The Ministry shall draw up a detailed report on the investigation conducted thereby into the marine

Article 231 ¶

A note shall be inserted in the registration margin of a ship that carries the flag of the State ind

Chapter Two: Shipwreck

Article 232 ¶

1.Any ship or part thereof that is abandoned or sunk or stranded in the territorial waters of the St

Article 233 ¶

1.If the ship becomes a wreck in the territorial waters of the State, its owner or the ship's husban

Article 234 ¶

The Ministry or the competent authority may sell shipwreck depending on the mechanism determined by

Chapter Three: Ship Collision

Article 235 ¶

1.If a collision occurs between ships or between ships and vessels navigating inland waters, the com

Article 236 ¶

1.The captain of every ship or the commander of any other floating facility that has been involved i

Article 237 ¶

1.If the collision results from the fault of any of the ships or floating facilities involved in the

Article 238 ¶

1.If the fault was shared, the liability of each ship or floating facility involved in the collision

Article 239 ¶

If the collision occurred as a result of force majeure, or its cause is unknown, or there is doubt a

Article 240 ¶

1.The plaintiff may file a case arising from the ship collision with any of the following courts of

Article 241 ¶

In the event of denial and absence of a legally-admissible excuse, the following cases shall not be

Chapter Four: Marine Salvage

Article 242 ¶

The provisions of this Chapter shall apply to the salvage services provided to the ships experiencin

Article 243 ¶

Any captain or his representative shall, within the limits of his ability and without exposing his s

Article 244 ¶

1.Any act of salvage and rescue shall result in the entitlement of a fair reward if it leads to a be

Article 245 ¶

The captain of the ship shall act on behalf of the ship's husband with respect to concluding salvage

Article 246 ¶

A towing or pilotage ship is not entitled to any reward for the salvage services it provides to the

Article 247 ¶

1.The parties agree on the amount of the reward that is due for the salvage services. If there is no

Article 248 ¶

1.If the conditions for entitlement to the reward are not met, or if the reward is estimated at less

Article 249 ¶

1.When determining the reward, the court shall take into account the following two basic criteria, a

Article 250 ¶

A reward is not due against rescuing people. However, persons who saved human lives may receive a fa

Article 251 ¶

1.The competent court shall, upon the motion of either party, invalidate or amend any agreement on s

Article 252 ¶

Any agreement that confers the jurisdiction upon a foreign court to hear the legal proceedings arisi

Article 253 ¶

In the event of denial and absence of a legally-admissible excuse, cases for a reward for salvage sh

Chapter Five: General Average Losses

Article 254 ¶

The provisions referred to in this Chapter apply to the General Average Losses unless there is a spe

Article 255 ¶

It is assumed that the average loss is deemed a private marine loss, and whoever claims that it sust

Article 256 ¶

1.Only the following are classified as General Average Losses: a.Physical damage to the ship. ...

Article 257 ¶

1.The loss is considered general if the incident occurred due to the fault of any of the parties con

Article 258 ¶

1.The cargoes loaded on board the ship contribute to the General Average Losses if they are salvaged

Article 259 ¶

Loss or damage to cargos for which a bill of lading or receipt has not been issued by the carrier or

Article 260 ¶

1.The cargoes, for which a statement was submitted for less than their true value, shall contribute

Article 261 ¶

The rights arising from General Average Losses shall give rise to a credit group and the obligations

Article 262 ¶

Expenses and damage considered part of the General Average Losses shall be recorded under the credit

Article 263 ¶

The ship, the freight and the cargoes loaded on the ship shall be included in the debit group as fol

Article 264 ¶

The ordinary expenses of claiming sums of money that are not paid by any of the parties concerned to

Article 265 ¶

1.If the cargo owners provide cash amounts to guarantee their contribution to the General Average Lo

Article 266 ¶

The General Average Losses shall be distributed among all parties concerned on the sea voyage in pro

Article 267 ¶

The application for the involvement in the settlement of General Average Losses arising from damage

Article 268 ¶

The captain may refrain from delivering cargoes that should contribute to the General Average Losses

Article 269 ¶

1.The General Average Losses shall be settled by one or more settlement experts to be appointed by t

Article 270 ¶

If all parties concerned are not satisfied with the settlement, the matter shall be presented to the

Article 271 ¶

The parties concerned may appeal the invalidation of the consideration of the losses as General Aver

Article 272 ¶

1.Debts arising from General Average Losses shall be considered preferred debts, and this preference

Article 273 ¶

There is no joint liability between the parties obligated to contribute to the General Average Losse

Article 274 ¶

Administrative expenses shall be counted at the rate of (5%) five percent of the total amounts inclu

Article 275 ¶

Administrative expenses shall be distributed among all parties concerned in the voyage in proportion

Article 276 ¶

Any party concerned may absolve himself of liability for contributing to the General Average Losses,

Article 277 ¶

1.In the event of denial and absence of a legally-admissible excuse, a case for engagement in the Ge

Section Eight: Marine Insurance

Article 278 ¶

1.The provisions of this Part shall apply to the insurance contract whose subject matter is insuranc

Article 279 ¶

The insurer shall have the right to reinsure the property he insured. In this case, the insured shal

Chapter One: Execution of Marine Insurance Contract

Article 280 ¶

1.The marine insurance contract is the contract whereby the insurer shall compensate the insured for

Article 281 ¶

1.The marine insurance contract or any amendment thereto may only be executed in writing. 2.The temp

Chapter Two: Multiple Insurances and Insurance Value

Article 282 ¶

If the risk is insured in a single contract by several insurers, each of them shall commit to the pr

Article 283 ¶

1.If a number of insurers contribute to different contracts to insuring the insured item against the

Article 284 ¶

If the insurance amount exceeds the value of the insured item and the fraud is proven to be committe

Article 285 ¶

If the insurance amount is less than the true value of the insured item, the insured shall be consid

Chapter Three: Obligations of Insurer

Article 286 ¶

1.The insurer shall be held liable for the following matters: a.Material damage to insured items due

Article 287 ¶

1.The insurer shall remain liable for damage arising from the insured risks in the event that there

Article 288 ¶

1.The insurer shall not guarantee the risks of civil or foreign wars, disturbances, acts of piracy,

Article 289 ¶

If it is agreed to insure war risks, this insurance shall cover damage to the insured items caused d

Article 290 ¶

1.If it is not possible to determine whether the damage resulted from a military danger or a maritim

Article 291 ¶

The insurer shall not be held liable, without explicit agreement, for the following matters: 1.Mater

Article 292 ¶

1.It may be agreed to exempt the insurer from compensation for damage within the limits specified in

Chapter Four: Obligations of the Insured

Article 293 ¶

The insured shall be liable for the following matters: 1.Paying the insurance premium and expenses a

Article 294 ¶

1.When the insured danger occurs, the insured shall exercise the utmost care to save the insured ite

Article 295 ¶

1.If the insurance contract is concluded through an insurance broker, the insured shall pay the insu

Article 296 ¶

1.If the insured fails to pay the insurance premium when due, the insurer may suspend or terminate t

Article 297 ¶

1.If the insured becomes insolvent or goes bankrupt, the insurer may terminate the insurance contrac

Article 298 ¶

1.The insurer may request invalidation of the insurance contract if it is proven that the insured in

Article 299 ¶

1.The insured shall notify the insurer of circumstances that arise during the validity of the contra

Article 300 ¶

The insurance contract shall be deemed invalid in any of the following cases: 1.If the insurance con

Chapter Five: Settlement of Damage

Article 301 ¶

1.Damage shall be settled by way of compensation, unless the insured chooses to assign the insured i

Article 302 ¶

The assignment shall result in the transfer of ownership of the insured items to the insurer along w

Article 303 ¶

When the insured expresses his desire for the assignment, he shall declare all other insurance contr

Article 304 ¶

The insured shall prove that the insured item is exposed to danger and prove the damage caused there

Article 305 ¶

1.Assignment shall be communicated to the insurer by means of a notice by a report or by mail within

Article 307 ¶

The insurer shall pay to the insured the amount of the contribution of the insured items to the Gene

Article 308 ¶

The insurer shall be entitled to the rights and claims of the insured, within the limits of the comp

Chapter Six: Inadmissibility of Cases Arising from Marine Insurance Contract

Article 309 ¶

1.In the event of denial and absence of a legally-admissible excuse, the cases arising from the insu

Chapter Seven: Insuring the Ship

Article 310 ¶

The ship insurance contract may be executed for a single voyage, for several voyages or for a fixed

Article 311 ¶

1.The coverage provided by the insurer under the voyage insurance shall become effective once the lo

Article 312 ¶

The ship shall be covered by insurance without interruption wherever it exists, within the limits of

Article 313 ¶

1.Without prejudice to the provisions of Article (284) of this Decree-Law, if the insurance contract

Article 314 ¶

1.With the exception of damage to persons, the insurer shall pay the compensation incurred by the in

Article 315 ¶

The insurer shall not be liable for damage resulting from an intrinsic defect in the ship unless the

Article 316 ¶

1.If the insurance on the ship is executed for a single voyage or for several successive voyages, th

Article 317 ¶

1.The insurer shall provide coverage, within the limits of the insurance amount, for the damage aris

Article 318 ¶

1.In the event that the insurance is settled by way of compensation, the insurer shall cover the exp

Article 319 ¶

The insured may assign the ship to the insurer in the following instances: 1.Where the ship is compl

Article 320 ¶

The insured may exercise his right to assign the ship if it is captured, attached or arrested based

Article 321 ¶

1.Marine insurance contracts governing several ships owned by a single husband shall apply as if eac

Article 322 ¶

1.The insurance contract shall remain in full force and effect in favor of the new owner or the char

Chapter Eight: Cargo Insurance

Article 323 ¶

The provisions of Articles (310) to (322) of this Decree-Law shall apply to the insurance contract f

Article 324 ¶

1.It shall be permissible to provide insurance coverage on ships operated by the insured based on a

Article 325 ¶

The insurance on cargoes shall be executed by virtue of a policy for a single voyage or through an i

Article 326 ¶

1.The cargoes shall be covered by insurance without interruption wherever they exist during the voya

Article 327 ¶

The amount of insurance for cargoes may not exceed the higher value of the following amounts: 1.The

Article 328 ¶

The losses to the cargo shall be calculated based on the difference between its value when it is dam

Article 329 ¶

1.The insured may assign the cargo to the insurer in any of the following instances: a.Where ther...

Article 330 ¶

The insured may exercise its right to assign the cargo if the ship is captured, attached or arrested

Article 331 ¶

1.If the cargoes are insured under a subscription policy, it shall include the conditions to which b

Article 332 ¶

If the insured deliberately violates the obligations referred to in Article (331) of this Decree-Law

Chapter Nine: Liability Insurance

Article 333 ¶

1.All ships operating in the State's ports or in its territorial waters shall carry policies indicat

Article 334 ¶

Insurance for the liability of the husbands of ships designated for transporting passengers shall be

Article 335 ¶

Entities working in the field of Takaful insurance, such as protection and compensation clubs and ot

Article 336 ¶

1.In the case of liability insurance, the non-insured may not have recourse against the insurer upon

Article 337 ¶

If the subject of liability insurance is to compensate for the damage caused to third parties by the

Article 338 ¶

If several insurances are executed to guarantee liability, each insurer shall be liable separately f

Article 339 ¶

The person who builds or repairs the ship may execute insurance to guarantee his liability for damag

Article 340 ¶

The Ministry may issue decisions obliging maritime navigation crew to insure against the risks arisi

Section Nine: Penalties and Final Provisions

Chapter One: Penalties

Article 341 ¶

The penalties contained in this Part shall be applied without prejudice to any more severe penalty s

Article 342 ¶

The shipowner or his representative or the charterer or his representative, who provides incorrect d

Article 343 ¶

Whoever operates a ship raising the State's flag, while being not registered in accordance with the

Article 344 ¶

The shipowner or his representative or the charterer or his representative, who violates the provisi

Article 345 ¶

The owner of a registered ship or marine facility or the representative thereof, who violates the pr

Article 346 ¶

The owner of a ship registered in the State, who violates the provisions of Article (26.1) of this D

Article 347 ¶

Whoever causes obstruction of the work of those charged with inspecting or investigating the ship, i

Article 348 ¶

1.The captain, who sails despite the issuance of a decision preventing the ship from sailing, shall

Article 349 ¶

The captain, who fails to notify the Ministry of the incident or change made on the ship in its stru

Article 350 ¶

The captain, who sails the ship despite his knowledge of the unavailability of all or any medical an

Article 351 ¶

Whoever violates the regulations and decisions regulating maritime security requirements shall be pu

Article 352 ¶

1.The captain, who abstains from providing salvage services to any ship that is about to sink or to

Article 353 ¶

The captain, who violates the provisions of Article (89.4) of this Decree-Law, shall be punished by

Article 354 ¶

1.Any crew member, who commits any of the following acts, shall be punished by imprisonment for a pe

Article 355 ¶

1.Whoever assaults the ship's captain or any of its officers, while performing his duties or resists

Article 356 ¶

1.Whoever comes with an act resulting in the ship sunken, burnt or seriously damaged in a manner tha

Article 357 ¶

Whoever unduly takes over or attempts to take over a ship shall be punished with temporary imprisonm

Article 358 ¶

A penalty of imprisonment for a period of not more than (3) three month and / or a fine of not more

Article 359 ¶

The captain, who leaves a sick or injured seafarer without providing him with appropriate means of t

Article 360 ¶

Whoever leaves the ship in the port while it is exposed to danger shall be punished by imprisonment

Article 361 ¶

Whoever sneaks onto a ship with the intention of traveling thereon without paying the travel fare an

Article 362 ¶

1.The captain of any ship subject to the pilotage obligation shall be punished with a fine of not le

Article 363 ¶

1.Imprisonment sentence for a term not exceeding one year and / or a fine of not less than (AED 5,00

Article 364 ¶

Whoever withholds information or evidence in relation to the investigation of a maritime accident sh

Article (265)
The captain, who does not provide the assistance referred to in Article (243) of this Decree-Law sha

Chapter Two: Final Provisions

Article 366 ¶

The Cabinet shall issue, based on the Minister's proposal and after coordination with the competent

Article 367 ¶

1.The Cabinet may, based on the proposal of the Minister and in coordination with the competent auth

Article 368 ¶

1.Federal Law No. (26) of 1981 on Maritime Commercial Law, as amended, shall be repealed. Likewise,

Article 369 ¶

This Decree-Law shall be published in the Official Gazette and shall enter into force six (6) months
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