UAE Maritime / Shipping LawCabinet Resolution No. (71) of 2021 Regarding Marine Wrecks and Violating Vessels

Article (1) Definitions For the purposes of the provisions of this Resolution, the following words and expressions shall have the meanings assigned to each of them, unless the context requires otherwise: State : The United Arab Emirates (UAE). Ministry : The Ministry of Energy and Infrastructure. Minister : The Minister of Energy and Infrastructure. Competent Authority : The port authority or the competent local maritime authority. Committee : The Wrecks and Violating Vessels Committee referred to in

Article (2) Scope of Application The provisions of this Resolution shall apply to all national and foreign vessels in the State waters and ports in the following cases: 1. When they fall under the description of wreck. 2. Violating vessels. 3. Vessels arrested in the State waters or ports that are unseaworthy, or have become unseaworthy due to a prolonged period of arrest, deterioration in their technical condition, abandonment by their seafarers, non-payment of seafarers’ salaries by the owner or operator for two consecutive months or more, failure to provide supplies and fuel to operate the vessels’ engines, failure to meet the minimum safe manning requirements, or the existence of hazardo…

Article (3) Violating Vessels A vessel shall be considered in violation in the following cases:

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 4 1. Failure of the vessel’s owner or operator to secure the seaworthiness of the vessel as a floating marine facility, to pay seafarers’ salaries for two consecutive months or more, or to provide the crew with the supplies and fuel to operate the vessel’s engines. 2. Failure of the vessel’s owner or operator to pay the fees and expenses of its towing, insurance, and berth. 3. If the vessel is derelict. 4. Berth in an undesignated area in the State waters or without a permit from the competent authorities. 5.…

Article (4) Insurance 1. The owner of a national or foreign vessel holding a navigation license, or a foreign vessel intending to call a port within the State or berthed in the State waters, having a gross tonnage of three hundred (300) tons or more, shall have insurance or provide financial security issued by a bank or financial institution to cover liability for the removal of the wreck and its impacts in accordance with the rules and conditions determined by the Ministry. 2. The shipping agent shall verify the existence of the insurance or financial security before accepting the agency; otherwise, the agent shall be responsible for removing the wreck. 3. The competent authorities shall ve…

Article (5) Wreck Recovery The wreck shall not be recovered without prior approval from the Ministry. If the wreck is within the limits of a port, the approval of the competent authority in coordination with the Ministry shall be obtained.

Article (6) Towing 1. The Ministry or the competent authority may take the necessary measures to tow the vessel and direct it to a safe location without consulting the vessel owner or the operator in emergency circumstances requiring urgent intervention in order to preserve the State’s security interests, maritime safety or the marine environment, or to protect lives. 2. The provisions of Clause (1) of this Article shall not prejudice the fulfillment of the environmental requirements stipulated in the legislation in force in the State by the Ministry or the competent authority, when responding to emergency situations. 3. The fees and expenses related to the towing of the vessel shall be reco…

Article (7) of this Resolution. State Waters : The internal, territorial and exclusive economic waters of the State, and its zone.

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 2 Ports : The seaports in the State. Vessel : Any seagoing vessel normally operated or intended to operate in maritime navigation, regardless of its power, cargo or purpose of navigation. The term “vessel” shall include all the appurtenances necessary for its operation, in addition to barges and hovercraft used for commercial or non-commercial purposes. Wreck : Marine wreck, which shall include the following: 1. Any sunken or stranded vessel, or any part thereof, including an…

Article (7) The Wrecks and Violating Vessels Committee 1. A committee titled “The Wrecks and Violating Vessels Committee” shall be formed under the Ministry. The Minister shall issue a resolution regarding the Committee’s rules of procedure and decision-making mechanism. 2. The Committee, referred to in this Article, shall be chaired by a representative from the Ministry with membership of representatives from the following authorities: a. Ministry of Defense. b. Ministry of Climate Change and Environment. c. Competent Authority. d. Local authority concerned with the environment.

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 6 3. The Committee, refe…

Article (8) Written Warning a. If the Committee recommends the issuance of a written warning, the Ministry shall issue and deliver the same to the vessel owner, operator, master, agent, the right-holder of the vessel or a crew member of the vessel or the wreck. If delivery is not possible, a written warning shall be affixed to the vessel or wreck. In case of a foreign vessel, the flag State shall be notified. b. The written warning shall specify the action to be taken, such as the departure of the violating vessel from the State waters, the regularisation of its status, or removal and salvage of the wreck or any other action within a period not exceeding sixty (60) days from the date the wri…

Article (9) Recovery and Removal Expenses The Ministry, the competent authority, or the entity authorized by either of them may recover all expenses incurred for the salvage of the wreck, removal of the vessel, remediation of any environmental damage, or the implementation of preventive measures to reduce marine pollution during the salvage of the wreck. These costs may be recovered by selling the wreck or the vessel administratively by public auction after the expiration of the written warning period, and after the lapse of fifteen (15) days from the sale auction advertisement in two local newspapers one of which shall be in English.

Article (10) Entitlements a. The dues owed to the Ministry, the competent authority and the entity delegated by either of them, including the administrative fees, expenses and fines imposed under this Resolution, shall be deducted from the proceeds of the sale. The remaining balance shall be deposited into the treasury of the court, in whose jurisdiction the competent port authority lies. The right-holders shall collect their rights from such balance.

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 8 b. If the proceeds of the sale are insufficient to cover the dues mentioned in Clause (1) of this Article, the vessel owner or operator may be required t…

Article (11) Administrative Violations and Penalties 1. The administrative penalties listed in the schedule attached hereto shall be imposed on violators of the provisions hereof. Fines shall be collected by the means determined by the Ministry of Finance. 2. Any party who has capacity and interest may submit a written grievance to the Ministry against any administrative penalty imposed thereon, within five (5) working days of being notified of the contested decision. Such grievance shall be reasoned and attached to all supporting documents. The Ministry shall consider the grievance within ten (10) working days from its submission, in accordance with the procedures applicable in the Ministry…

Article (12) Executive Resolutions The Minister shall issue the resolutions required to implement the provisions hereof.

Article (13) Repeals Any provision that contradicts or conflicts with the provisions hereof is hereby repealed.

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 9

Article (14) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force two months after the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by Us: Dated: 21 Dhul-Qa‘dah 1442 A.H. Corresponding to: 01 July 2021 A.D

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Cabinet Resolution of 2021 Regarding Marine Wrecks and Violating Vessels 10 Administrative Violation and Penalties Schedule Attached to Cabinet Resolution No. (71) of 2021 Regarding Marine Wreck and Violating Vessels No. Description of Violation Administrative Penalty 1 The vessel owner or the operator commits any of the following violations: a. Abandons the vessel. b. Refrain…