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Chapter One Definitions: Definitions
Article 1
Article (1) For the purpose of applying the provisions of this Decree-Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise: 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 a State, including the internal waters, the territorial sea, the contiguous zone and exclusive economic zone defined by law.
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Federal Decree by Law No. (43) of 2023 Concerning the Maritime Law 2 Marine Facility : Any man-made structure that is floating and intended to be used in the marine environment. 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. All accessories of the ship shall be deemed part of the ship. The Watercraft : Any seagoing or marine craft operating or intended to be operated in the territorial waters and water streams in the Emirate, whether for personal, commercial, sports or tourism purposes, and of whatever type or form. The Port : Any natural or artificial harbor for ships to dock, and at which ships are provided with the necessary services to prepare or end their sea voyages. It includes all buildings, installations and facilities located in, above or next to the water and all lands necessary for their use. The Ship's Husband : The person who exploits the ship navigationally and commercially for his own account in its capacity as an owner, charterer of the ship or the manager of the co-owned ship. The owner shall be deemed the Ship's Husband unless proven otherwise. The Captain : Every natural person who commands and is in charge of a ship from a navigational port, and from whom, or from whose representative, all seafarers take directions directly. The Captain shall be considered a seafarer with regard to the Seafarer Employment Agreement concluded between him and the Ship's Husband. The Seafarer : Every natural person bound by a Seafarer Employment Agreement. The Towing Officer : Every natural person who exploits a tugboat to tow and move another ship, in consideration of a freight. The Pilot : Every natural or legal person licensed to provide marine pilotage services to ships. The Ship Agent : A paid agent who works in the name and for the account of the ship's husband in the port that the agent takes as his headquarters. The Shipping : A paid agent who acts on behalf of the right holders entitled to
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Federal Decree by Law No. (43) of 2023 Concerning the Maritime Law 3 Agent receive the cargoes at the port of unloading, and takes all necessary actions to receive, examine and release the cargoes, in addition to providing the appropriate way for their exit from the port of unloading. The Transit Agent : A paid agent who acts on behalf of the Carrier or the cargo owner, as the case may be, to establish connection and linkage between the stages of receipt and handover of cargoes by different Carriers. Loading and Unloading Contractor : A natural or legal person charged with carrying out the work of loading and unloading of cargoes on a ship, in consideration of a freight. The Charter Party : A contract whereby the Shipowner undertakes to put at the disposal of the Charterer a seagoing ship or part thereof for a fixed period of time or for carrying out one or more voyages, in consideration of a freight. Contract of Carriage by Sea : A contract whereby the Carrier undertakes to carry cargoes or passengers, in consideration of a freight. Bill of Lading : It is a document that establishes the execution of the contract of carriage of cargo and the Carrier's receipt or shipping of the cargo, and whereby the Carrier undertakes to deliver the cargo against the recovery of the original bill of lading. Contract Carrier : Any person by whom, or in whose name, a contract for carriage of cargo by sea has been concluded with the Consignor or its representative. Actual Carrier : A person whom the Contract Carrier assigns to perform all or part of the carriage of cargoes, including also any other person to whom the actual Carrier entrusts the performance of the same. Multimodal Transport : It is a transportation approach whereby the Carrier undertakes, under one BOL, to transport cargoes under its responsibility from the place of receipt to the place of handover using two or more
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Federal Decree by Law No. (43) of 2023 Concerning the Maritime Law 4 different modes of transport, one of which at least is a maritime mode. Freight Forwarding : A contract whereby a natural or legal person undertakes on behalf of the Consignor to carry out all or any of the work necessary to handle and transport cargoes from their country of origin to their destination by sea as a main stage of transportation or as one of its main stages, whether it performs these works in its personal name and for the benefit of the Consignor or in the name and for the benefit of the latter. Marine Accident / Casualty : An event, or a sequence of events, that occurs directly in connection with the operation or berthing of a ship in the port and which causes or could cause damage to the ship or to other ships, persons or property aboard, third parties or the marine environment. General Average Losses : Loss or extraordinary expenses determined by the captain, and which are borne or incurred intentionally and through a reasonable manner for the sake of general safety and to avoid an imminent danger jeopardizing the ship and the on-board cargoes. Special Drawing Rights (SDRs) : An international unit of measurement for monetary values determined by the International Monetary Fund on a daily basis and denominated in various national currencies, including the State's currency. Marine Risk : An unexpected incident that is likely to occur during a sea voyage. The Executive Regulations : The Executive Regulations of this Decree-Law.
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Federal Decree by Law No. (43) of 2023 Concerning the Maritime Law 5 Chapter Two General Provisions
