Maritime Law in UAE

When a vessel or its parts are imported from abroad they must be registered in accordance with the rules mentioned in this Law.

Article 7 states that registration of vessels is carried out by the Federal Transport authority, and any other authority delegated by them depending on the type of vessel. Also, registration procedures for ships under this Law are governed by the International Conventions ratified by UAE.

Article 8 states that vessels registered outside UAE can enter the UAE territorial waters without being registered in accordance with this Law, but they have to follow the government’s instructions and must not be used for any illegal activities or purposes that contradict this law or offend public order or morals. Also, the registration of ships is free of charge.

Article 9 defines the types of registration types which are: Limited registration, Temporary Registration, and Provisional Registration.

1. The limited registration means that the owner can use this type for a maximum period of 2 years upon presentation of the original certificate for this right issued by the Federal Transport Authority or any other authority delegated by them in accordance with the international Conventions and laws and regulations.
2. The temporary registration is for a period not exceeding 6 months upon presentation of an identification paper mentioning that this number is to be temporary from the Federal Transport Authority or any other authority delegated by them, according to the international Conventions and laws and regulations.
3. Provisional registration is upon presentation of approval permission issued by the Federal Transport Authority or any other authority delegated by them according to the international treaties and laws and regulations. This registration is meant for vessels that pass through UAE territorial waters without stopping or anchoring, have not been registered in the country, but are required to get registered before leaving UAE territorial waters.

Article 12 states that vessels must get a registration certificate or number plate to be able to use the vessel.

Article 13, states the rules for transferring of ships between owners under this Law which include: Transferring of ships is forbidden before completing all formalities related to registration.

1. Transferring is forbidden if it has not been endorsed by Federal Transport Authority or official delegated by it according to the laws and regulations.
2. The registration certificate must mention all changes occurred in ownership, mortgages, liens, rights of commerce insurance under this Law.
3. The transferring party must be endorsed by Federal Transport Authority or an official delegated by them according to the laws and regulations.
4. If the ship changes its flag and the new flag State requires that all owners of ships registered under this Law must get their ships registered under the laws and regulations in force in this State, then Federal Transport Authority or an official delegated by it shall demand the transfer of ownership to such a State.

Article 14 states the rules for transferring ownership.

1. Transferring ownership is done upon a written application of the owner to the Federal Transport Authority or an official delegated by it according to the international treaties and laws and regulations.
2. For transferring of ownership, the owner must have a new certificate from the registry of ships in his name if this ship has been registered before.
3. In case of loss of original certificate, the owner must obtain a certificate from the registry of ships in his name in addition to governmental documentary evidence.
4. The ship’s identification number changes according to the procedures agreed upon by International Maritime Organisation and Federal Transport Authority or an official delegated by it.
5.  In case of transferring ownership under limited registration, conditions mentioned in the registration certificate shall be endorsed.
6. In case of transferring some rights, not the full ownership to a person who is not an owner according to this Law, he shall obtain a registration certificate from Federal Transport Authority or an official delegated by it under the conditions mentioned in the Limited Registration Certificate.
7. Transferring ships from one party to another must have a letter from the previous owner endorsed by an official from Federal Transport Authority or any other authority delegated by it according to this Law.

Article 15 states the rules for the mortgage, which is the right of getting a loan secured by a registered property. The mortgagor shall give permission in writing to the mortgagee to provide data about ship and registration certificates for the mortgaged ship. A mortgagee may register the mortgage on the original copy of the title or a certificate of ownership rights under this Law. In case of loss, the mortgagor must get a new certificate from the registry of ships in his name. A party that has mortgaged a ship shall have priority over others to be paid out first from its value in case of sale.

Article 16 states the rules for liens. The lienholder must give permission to the Federal Transport Authority or an official delegated by it according to this Law, that he has registered his right on a certificate of loan or mortgage. This right is subject to the payment before other rights after getting paid out what he is owed.

Article 17 states the rules for pledges. Pledge is a right to be selected before others in case of distribution of money in case if there are several rights or lien holders. Pledgee may register his right on the original copy of the title or certificate under this Law. The pledgee’s name must appear on the ship’s identification number plate and registration certificate.

Article 18 states the rules for insurance rights. Federal Transport Authority or an official delegated by it, shall supply information about ship’s identification number plate to insurance companies in addition to data on ownership and mortgages. Insurance companies must record this data after paying the fees of the registration certificate.

Article 19 states the rules for rights of commerce, cabotage, fishing rights, and anchoring in ports.

1. Any person who wants to buy or import goods through ships above 100 tone shall register his name with Federal Transport Authority or an official delegated by it before contracting the transaction. The contract must be endorsed by said authority. If there is a disagreement between parties to this effect, the case shall be referred to a court.
2. Any person who wants to buy or import goods through ships above 100 tone, must have a license from the Federal Transport Authority or an official delegated by it in addition to insurance rights and compliance with the rules of commercial navigation after getting permission from the competent authority responsible for customs affairs. If there is a disagreement between parties to this effect, the case shall be referred to a court.
3. Any person who wants to buy or import goods through ships above 100 tone, must have a license according to this Law. If there is a disagreement between parties to this effect, the case shall be referred to a court.
4. It is prohibited for any person who has not obtained the license to import or buy goods through ships above 100 tone, except for cargo ships pushed by tugboats. Federal Transport Authority or an official delegated by it shall be responsible for controlling ships used to buy, import goods through them and licensees.
5. It is prohibited for any person who has not obtained the license to operate shipping services either as a paid service or under any other name except those provided according to this Law. Federal Transport Authority or an official delegated by it shall be responsible for controlling shipping services licensees, and cargo ships pushed by tugboats.

1- Federal Transport Authority or an official delegated by it is responsible for controlling commercial navigation of ships operating under this Law.

2- In case of violation, a person with a valid license must give himself up to the nearest port after calling for help to fight the fire on board. He is required to abide by federal Transport Authority or an official delegated by it orders. If there is a disagreement between parties to this effect, the case shall be referred to a court.

3- Federal Transport Authority or an official delegated by it is responsible for taking samples of water, fuels and oil from ships for testing purposes, and it is obliged to issue the corresponding certificate after getting paid.

1- Federal Transport Authority or an official delegated by it shall take all measures required to organize ports and coasts of UAE according to this Law.
2- Regulations governing the conduct of ships flying the flags of foreign states entering UAE ports shall be issued according to this Law after consulting with State Council.

1- Federal Transport Authority or an official delegated by it shall issue certificates according to this Law while taking into consideration the requirements of commerce, cabotage, and fisheries including certification for captains, engineers, radio operators, and sailors.

2- The list of these certificates are as follows:

1. Certificate of competency for Captains and Engineers.
2. Certificate of competency for radio operators.
3. Seaman book for sailors issued by occupying country or state of origin up to the age of 18 years if issued in accordance with UAE Law, and certificate for young sailors aged between 18 and 24 years.

3- Regulations governing applications procedures and conditions for obtaining certificates according to this Law shall be issued according to the category of each certificate.

1- Federal Transport Authority or an official delegated by it are responsible for implementing maritime navigation laws, rules, and regulations pursuant to this Law with regards to ships flying its flag.

2- Competent authority is responsible for the implementation of maritime laws, rules, and regulations which are not contrary to this Law with regards to ships flying their flag.

3- Federal Transport Authority or an official delegated by it is responsible for organizing maritime traffic except for local navigation according to international laws, rules, and regulations in specialized ports of UAE.

4- Competent authority shall have the right to establish security zones on UAE coasts up to 100M deep, to control marine pollution, and monitor navigation of ships under its flag.

1- The Federal Transport Authority or an official delegated by it shall have the right, subject to a decision from the federal Defence Council, to form Coast Guard if required for securing the sovereignty of UAE interests in territorial waters and exclusive economic zone up to 200 NM from baselines drawn according to law.

2- Federal Defence Council shall have the right to give Coast Guard forces which are under the control of the Federal Transport Authority or official delegated by it additional authority for carrying out security, immigration and customs work on board ships flying the flag of competent authority.

1- Competent authority is responsible for issuing fishing licenses or permits authorizing fishing within UAE territorial waters up to 12 NM.

2- Federal Transport Authority or official delegated by it shall have the right to issue all types of certificates governing activities related to maritime services except fishing licenses or permits.

3- Rules and regulations governing the issuance of fishing licenses or permits by the competent authority shall be issued according to this Law.

1- Competent authority is responsible for taking proper measures to organize ports and coasts pursuant to this Law. 2- Regulations governing cabotage shall be issued by the competent authority after consulting with Federal Transport Authority or an official delegated by it according to rules and regulations as international shipping lanes. 3- Competent authority is responsible for authorizing the entry of fishing ships within Emirati territorial waters pursuant to rules and regulations.

1- Competent authority is responsible for supervising coast guard services pursuant to Federal Law.
2- Competent authority shall take necessary measures to ensure that activities on coasts are organized in a way that does not affect navigation or security of any state, be it UAE or other states in the sea area in which the UAE flag is raised.

1- No vessel shall enter UAE territorial waters without permission from competent authority except warships and vessels under charter or bare boat chartered to military or civilian authorities and duly authorized by competent authority.

2- Competent authority may ban entry of vessels which are listed as outlawed according to international treaties and conventions.

3- If a vessel has entered UAE territorial waters without permission, competent authority shall notify the owner of the vessel to take necessary procedures for leaving the said territorial waters. If owner fails to do so within a reasonable time period, competent authority shall take necessary measures in order to prevent damage to navigation safety or security in UAE territorial waters, including departure of vessels on tow by appropriate means.

4- If a vessel is passing through UAE territorial waters without permission, if it is in distress or has an emergency situation, it may pass freely according to provisions of this Law.

5- Competent authority shall take necessary measures to regulate marine traffic in UAE territorial waters.

6- Competent authority shall adopt necessary measures to monitor movement of vessels under its flag, coordinate them with respective authorities and ports of destination or other states involved.

7- Competent authority shall adopt necessary measures to ensure safety of navigation in UAE territorial waters , especially during war, threat of war or state of siege.

8- Coast Guard services are responsible for the protection and security of sea areas inside territorial waters up to 12 NM.

9- Coast Guard services shall take necessary measures to ensure safety of navigation in UAE territorial waters and their security in accordance with this Law, international treaties and conventions to which the UAE is party and internal legislation.

10- Competent authority shall determine the locations where it will allow fishing or other activity which may affect navigation or security of any state.

11- Competent authority shall take necessary measures to ensure that all activities conducted inside UAE territorial waters do not violate safety of navigation or security of any state, be it the UAE or another state in the sea area in which the flag of said country is raised.

12- If a foreign vessel has violated this Law outside territorial waters, competent authority shall take necessary measures to ensure that the vessel returns to the place where it violated this Law.

13- Competent authority may authorize vessels listed as outlawed according to international treaties and conventions, which enters UAE territorial waters, in accordance with rules and regulations.

1. Vessels navigating or operating under the flag of the UAE shall abide by this Law.
2. This Law shall apply to vessels navigating or operating in territorial waters, even if the owner, charterer or authorized person is not a UAE national.
3. This Law shall not apply to warships and vessels under charter or bareboat chartered to military authorities of friendly countries if accepted by the competent authority.
4. The competent authority may exempt vessels from the provisions of this Law if events necessitate expedition in order to safeguard the safety of navigation or security of UAE or any friendly state, according to rules and regulations.
5. If a vessel has entered UAE territorial waters illegally, it shall be destroyed with confiscation of its equipment, unless there is an exemption pursuant to paragraph 4 of this Article.
6. If a foreign vessel is running without valid certification, it shall be destroyed with confiscation of its equipment, unless there is an exemption pursuant to paragraph 4 of this Article.
7. Competent authority may destroy or sink vessels which have infringed navigational procedures or security safety orders within UAE territorial waters.
8. Competent authority may destroy or sink vessels which have infringed international conventions, treaties or laws of the UAE, for protecting security or safety of navigation in UAE territorial waters.
9. The owner, charterer and authorized person shall bear all liabilities resulting from infringement of this Law.
10. If a vessel violates the provisions of this Law within UAE territorial waters, the l as t known port of such vessel shall be considered its first port of entry.
11. Any person or entity shall bear any liabilities resulting from destruction of a foreign vessel pursuant to the provisions of this Law.
12. If a vessel has entered UAE territorial waters without valid certification and without notice, it is subject to deportation and confiscation of its equipment and documents.
13. Competent authority may decide on fines and penalties against vessels which violate this Law resulting in the death or injury of any person, damage to public or private property, or pollution of marine environment.
14. Competent authorities shall be responsible for issuing flags as required by this Law.
15. This Law shall come into effect after 30 days following the date of its publication in the Official Gazette.

1- The flag is a national symbol representing the State, sovereign, government and country.
2- Flag may be used by vessels under certain conditions.
3- The flag is represented with different colors to indicate whether it belongs to a civilian vessel or government vessel.
4- Flag may be used by every individual, company or institution, in accordance with regulations set out in this Law.
5- If the flag is raised above another flag on board a vessel, it shall have higher status than that the other flag.
6- No one may raise an unidentified flag over any official building, factory or vessel in accordance with regulations set out in this Law.
7- Competent authority may authorize vessels, which do not belong to the UAE, to have their own national flag upon entry into territorial waters, under conditions and in accordance with rules and regulations.
8- The owner or operator of a vessel shall ensure that anything raised on board is according to this Law and rules and regulations set out in this Law.
9- Competent authority shall: a- supervise the registration of vessels, pursuant to rules and regulations b- issue flag certificates to vessels, pursuant to rules and regulations c- take necessary measures for trying any vessel that raises incorrect flag or fails to raise flag within the time set out in this Law. d- take necessary measures for stopping any vessel which causes damage to public or private property, death or injury of people, pollution of marine environment due to its violation of this Law. e- take all measures that are deemed necessary with regard to vessels involved in piracy acts.
10- Competent authority shall be responsible for issuing flags as required by this Law, and shall ensure that the flag is hoisted on board vessels upon entry into territorial waters.
11- Flag certificates shall be issued for a period of one year from the date of issue, unless otherwise provided for in this Law or other laws governing maritime affairs.
12- Flag certificates to those who have good reputation and do not have any past records or conviction in flagrant violations of this Law.
13- Flag certificates shall be renewed upon expiry, unless it is cancelled for violating the provisions of this Laws. 14- Competent authority may deny issuance of a flag certificate to vessels which violate this Law if they pose threat to the security and safety of the UAE and its territorial waters. 15- This Law shall come into effect after 30 days following the date of its publication in the Official Gazette.