The UAE’s maritime sector is a cornerstone of its economy, driven by a vast network of shipping lanes and ports. To ensure the safety, security, and compliance of maritime activities, the Federal Decree by Law No. (43) of 2023 Concerning Maritime Law introduces a comprehensive set of regulations. This law covers everything from ship registration and operation to health and safety standards. In this blog, we explore the penalties associated with non-compliance, detailing the consequences of violations within the maritime industry.
Maritime Law
Overview of Penalties
Penalties under this law are designed to reinforce the importance of adhering to maritime regulations. Depending on the severity of the offense, penalties can range from fines to imprisonment. The law aims to ensure order and safety at sea, protecting the interests of shipowners, crew members, and the broader maritime community.
General Provisions and More Severe Penalties
Article 341: This article serves as a reminder that the penalties outlined in this section of the law do not override more severe penalties that may be imposed by other laws. If another legal framework prescribes harsher consequences for a particular offense, those penalties will take precedence. This ensures that offenders face appropriate consequences, even if multiple laws are applicable to the same violation.
False Information and Registration Violations
Article 342: Shipowners, charterers, or their representatives who provide incorrect information during ship registration or maintenance may face serious consequences. Under this article, individuals found guilty of such offences could be sentenced to up to one year in prison and/or fined up to AED 100,000. This strict penalty underscores the importance of transparency and accuracy in maritime documentation.
Unauthorized Ship Operations
Article 343: Operating a ship under the UAE flag without proper registration is a serious violation. The penalties include imprisonment for up to one year and/or a fine of up to AED 100,000. Additionally, the court has the authority to confiscate the vessel, further emphasizing the importance of adhering to registration requirements.
Violations Related to Ship Registration and Certificates
Article 344: This article addresses violations related to ship registration or certification. Offenders may face up to six months in prison and/or a fine of up to AED 50,000.
Article 345: Similar penalties apply to those who violate regulations regarding ship registration or marine facilities. These articles highlight the critical role of proper certification and registration in maintaining maritime order.
Sailing Violations
Article 348: Captains who choose to sail despite a prohibition or without a valid sailing permit face severe consequences. Depending on the circumstances, penalties can include imprisonment and/or fines of up to AED 100,000 or AED 50,000. This article reinforces the importance of obtaining the necessary approvals before embarking on a voyage.
Health and Safety Violations
Article 349: Captains who fail to report structural changes to their vessels or issues with equipment may be penalized with imprisonment for up to six months and/or a fine of up to AED 50,000. This measure is critical to ensuring the safety of the ship and its crew.
Article 350: Sailing without adequate medical services is a serious offense. If found guilty,
captains may face imprisonment for up to one month and fines. If the lack of medical services leads to death or severe injury, the penalties become even more severe. This article emphasizes the importance of prioritizing crew health and safety on board.
Maritime Security and Salvage Obligations
Article 351: Violations of maritime security regulations carry penalties of imprisonment and/or fines of up to AED 100,000. Maritime security is a top priority, and non-compliance can have serious consequences for the safety of all involved.
Article 352: Failing to render salvage services when required can result in imprisonment for up to two years and/or fines of up to AED 20,000. However, exceptions are made if providing such services would endanger the captain’s vessel or crew. This provision balances the duty to assist others with the need to protect one’s own crew and vessel.
Maritime Law
Assaults and Serious Offenses
Article 355: Assaults on the ship’s captain or officers are treated with utmost seriousness. Offenders face imprisonment and fines, with penalties escalating if significant injuries occur or if the assault is committed by other ship officers. This article reinforces the need for discipline and respect for authority on board.
Article 356: Serious crimes, such as causing a ship to sink or burn, are met with the harshest penalties, including life imprisonment or even death if fatalities result. These provisions underline the gravity of endangering lives at sea.
Miscellaneous Offenses
Article 361: Unauthorized boarding of a ship is punishable by up to one month in prison and fines. This article ensures the protection of ships from unlawful intrusion.
Article 362: Violations related to pilotage obligations are subject to fines, with increased
penalties for repeat offenses. Pilotage is a critical aspect of safe navigation, and this article emphasizes the need for adherence to these obligations.
Conclusion
The penalties under the Federal Decree by Law No. (43) of 2023 plays a vital role in maintaining the integrity and safety of the UAE’s maritime industry. By understanding and complying with these legal requirements, maritime professionals can avoid significant penalties and contribute to a safer, more orderly maritime environment. The law serves as a strong reminder that safety, responsibility, and adherence to regulations are paramount in the world of maritime operations.
