Wednesday, June 23, 2004

Vessel owners who fail to meet payment deadlines will soon find themselves in the dock.

A 433-point maritime law authorises local courts to confiscate offending ships and sell them in public auctions in case their owners fail to meet deadlines set for payment.

The Federal National Council (FNC) yesterday approved the long-awaited maritime draft law, plugging the loopholes in the rules governing naval activity, which will give courts more power to handle the ever-increasing maritime disputes.

After the Cabinet's approval and Presidential assent, the new law will be implemented before the end of this month to help the government enforce the International Ship and Port Facility Security (ISPS) Code from July 1 (the worldwide deadline for the code implementation).

The rules will enhance ship and port security, according to a shipping industry source.

Chaired by Speaker Mohammed Saeed Al Ghandi, the proceedings were attended by Matar Humaid Al Tayer, Minister of Labour and Social Affairs, Acting Minister of Communications, and senior ministry officials.

The 185-page Federal Maritime Law (FML) also metes out capital punishment against persons involved in sabotage of vessels and causing human loss. But, it left the door open for an out-of-court settlement in accordance with the Islamic law by allowing saboteurs to escape death if they pay 'diya' (blood money). The law also includes several articles concerning shipping activity and the relationship between sailors, the captain and owners of the vessel.

Being the first comprehensive bill, the new UAE Maritime Law among many other things also covers vessel registration and licensing.

According to the law, the court can issue a release order if the ship owner provides a bank guarantee covering debts. This order will be void if confiscation was prompted by disputes on the vessel's ownership, sale or profits.

As for sailors assigned for national ships, the law authorised the minister of communications to set the number of foreign sailors and their minimum wages after consulting with the labour minister.

It also stipulated that foreign sailors working aboard vessels in the UAE must obtain a prior permit.

The law's penal section covered all marine activities, including offences by ships and their crew.

INA NUTSHELL

Penalties under the new rule

? Seven-day lock-up in the ship or salary cut for disobedience, damaging vessel, fights, etc.

? Seven-day lock-up in the ship for passengers who intentionally cause damage aboard the vessel.

? Three-month jail and/or fine for crew found absent from service or those who disobey orders.

? Maximum three months jail and/or Dh3,000 fine against those who attack the captain or other officers.

Gulf News