О территориальных водах эмирата Шарджа и подчинённых территорий 1970 года

مرسوم تفسيرى بشأن الياه الأقليمية

hh

4 صدر المرسوم التفسيري بشأن المياه الأقليمية لامارة الشارقة وملحقاتها عن المففور له ‎St‏ الله الشيخ خالد
بن محمد القاسمي ‎WL‏ الاتجليزية وذلك بتاريخ ه / ابريل٠/1417/‏ ويتناول هذا المرسوم تفصيل ما اجمل في
المرسوم الصادر يتاريخ /. ١سيتمير157/‏ بشأن ‎oll‏ الاقليمية وباعتبار ان هذا المرسوم مكمل للمرسوم الصادر
بتاريخ / اسبتمبر 1514 والسايق الاشارة اليه فقد تم وقف العمل به يصدور القاتون الاتحادي رقم ‎VA‏ لسنة
4 في شان تعيين المناطق البحرية لدولة الأمارات العربية المتحدة والصادر بتاريخ ‎WV‏ اكتوير /ر 1957 ,

aye

Supplementary Decree concerning
the Territorial Sea of the Emirate of Sharjah
and its Dependencies

جع

Supplementary Decree concerning the Territorial
Sea of the Emirate of Sharjah and its Dependen-
cies

This Decree supplements our Decree of 10th September
1969, in which we recorded and confirmed our sovereign
rights in the Territorial Sea of the Emirate of Sharjah and its
Dependencies, including its islands.

Article 1

The Territorial Sea of the Emirate of Sharjah and its
Dependencies extends into the open sea to a distance of
twelve nautical miles from the base lines on the coasts of the
mainland and of the islands of the Emirate.

Article 2

The base lines and the outer limit of the territorial sea referred
to in Article 1 shall be determined in the manner provided for
in Section I] of the convention of the Territorial Sea and the
contiguous Zone, signed at Geneva April 29th, 1958.

Article 3

The sovereignty of the Emirate of Sharjah and_ its
Dependencies extends beyond its land territories to its
Territorial Sea; provided, however, that if the Territorial Sea of
the Emirate of Sharjah and its Dependencies and the
territorial sea of an opposite coast of another State, are

—~4o—

contiguous, so that none of the water between the land
territories of this Emirate and the other state are high seas,
the Emirate recognizes the right of transit of that portion of its
territorial sea so situated, by all vessels of all nations with
which Sharjah is at Peace, and the right of over flight thereof
by all aircraft of all such nations, reserving to the Emirate
nevertheless all other sovereign rights whatsoever with
respect to its territorial sea.

Article 4

Where the distance between the base line from which the
Territorial Sea of the Emirate of Sharjah and its dependencies
is measured, and the base line on an opposite coast of
another State, from which that State territorial sea is
measured, is less than the sum of the width of the territorial
sea of that other State, the boundary of the territorial sea of
this Emirate shall be the median line between those two base
lines, determined in accordance with Article 12 of the
Convention on the Territorial Sea and the Contiguous Zone,
unless this Emirate and that other State shall otherwise
agree.

Dated 5th April 1970

Khalid Bin Mohamed AI Qassimi
RULER OF SHARJAH AND ITS DEPENDENCIES

5ه

THE MARITIME LAW OF THE STATE
OF SHARJAH AND ITS DEPENDENCIES

Decree No.12 of the Laws of the State of Sharjah
and its dependencies, effective March 1, 1970

—4y_

**THE MARITIME LAW OF THE STATE
OF SHARJAH AND ITS DEPENDENCIES

Decree No.12 of the Laws of the State of Sharjah
and its dependencies, effective March 1, 1970

+» تم وقف العمل بهذا القاتون وباللوائح التنفيذية المكملة له بصدور القانون الاتحادي رقم 75 / 1941 بشان
القاتون التجاري البحري والصادر بتاريخ 7 / ‎VV‏ / 1981 والذي نشر بالجريدة الرسمية بالعدد الثامن والتسعون
بتاريخ ‎١١ / 5١‏ / 1541 حيث نصت المادة ‎EVV‏ من ذلك القانون على أن يعمل بأحكامه بعد ثلاثة أشهر ‎oe‏

تاريخ نشره بالجريدة الرسمية.

-_-

01-

00-0

00-0

00-0

00-0

00-0

00-0

00-0

00-00

00-00

00-00

00

00-00

00

TABLE OF CONTENTS

General provisions

Registration and Identification of Vessels

Registered Ship Mortgages and Maritime

Liens on Sharjah Registered Vessels
Carriage of goods by sea
Limitation of Shipowner’s liability
Radio
Rules and Regulations of Navigation
Wrecks and Salvage
Merchant Seamen

Rights and duties of a Master of a
Sharjah Vessel

Rights and duties of seamen
Period of Limitation

Right of the Department to make Rules
and Regulations

Interpretation

~44-

Section 1
Article 1 to 16:
Section 2
Article 17 to 50:
Section 3
Article 51 to 66:

Section 4

Article 67 to 77:
Setcion 5

Article 78 to 83:
Section 6

Article 84:
Section 7
Articles 85 to 90:
Section 8
Articles 91 to 98:
Section 9
Articles 99 to 103:
Section 10
Article 104 to 108:

Section 11

Articles 109 to 148:

Section 12
Articles 149:
Section 13
Articles 150 to 152

Section 14
Article 153:

SHARJAH MARITIME LAW
Decree No.14 of the 1st day of March 1970

Section 1
GENERAL PROVISIONS

ARTICLE 1

This Decree is intended and shall be construed to encourage
and foster the growth and development of the foreign and
domestic commerce and to promote and protect the national
defence and security of the State of Sharjah and its
Dependencies.

ARTICLE 2

In this Decree unless the subject or context otherwise
requires:

(1) "The Ruler" means the Sheikh of Sharjah and its
Dependencies.

(2) "The State of Sharjah" means all the territories within
the jurisdiction of the Sheikh of Sharjah and its
Dependencies and includes the territorial waters
appurtenant thereto.

(3) "The Department" means the Trade Aviation and
Marine Department of the State of Sharjah and its
Dependencies.

(4) "Duly authorised Officer(s)". means The Chairman,
The Director General, The Deputy Director General,
the Legal Adviser and the Deputy Director General,

—\.e-

ihe Legal Adviser and the Deputy legal Adviser of
the Department and any Department Officials,
authorised in writing by the Department and all
Officially accredited Representatives of the
Department abroad.

ARTICLE 3

For the due Administration of this Decree the Ruler hereby
appoints the Marine Division of the Trade Aviation and Marine
Department which Department will have power to appoint
such Officials and persons as may be necessary under the
contro! of the Director General of the Department.

ARTICLE 4
All matters affecting the economy of Sharjah Flag ships,
including labour relations, shall be governed by English Law
as varied by the Laws of the State of Sharjah.

ARTICLE 5
The Department shall administer all matters appertaining to
domestic and foreign water-borne commerce of the Sate of
Sharjah.

ARTICLE 6
In order to give effect to the policy of the Department, the

Department shall make rules and regulations for carrying out
the functions of the Department and to ensure the

—\.\-

seaworthiness of Sharjah ships and proper manning
conditions on board. When approved by the Department all
such rules, regulations, and amendments thereto shall have
the full force and effect of law.

ARTICLE 7

The administrative duties of the Department may be
performed abroad by a duly authorised officer from time to
time appointed by the Department.

ARTICLE 8

The regulations promulgated by the Department pursuant to
the provisions of Article 6 of this Decree shall be administered
by a duly authorised officer of the Department to be designed
and appointed by the Department for the effective
administration of the provisions of the Maritime Law.

ARTICLE 9

Records relating to Vessels. - There shall be maintained at
the office of the Department's Marine Division in the State of
Sharjah and at the office of each officially accredited
Representative of the Department abroad a central Registry
where there shall be recorded or filed, in properly indexed
public registers, all documents of the following nature:

(a) Bills of Sale and other instruments of transfer of

‘vessels;
(bo) Mortgages or hypothecations of vessels;
(c) Assignment of Mortgages;

—-\.Y+

(d) Certificates of Permanent and Provisional Registration
and Licences;

(e) Licences and Certificates of Officers and Members of
Ship's crew;

(f) All other documents of record relating to Sharjah
Vessels.

ARTICLE 10

Any duly authorised officer of the Department is authorised to
administer all oaths and take all acknowledgements required
by this Decree.

ARTICLE 11

Authority to Issue Radio Station Licences. - The Department
and its duly authorised officers are authorised to issue ship
station licences in respect of radio transmitting apparatus
located on board vessels registered under the laws of the
State of Sharjah.

ARTICLE 12

Authority to Issue Licences, Certificates. - The Department
and its duly authorised officers are authorised to issue all
licences, certificates or other documents for officers and
ship's personnel on Sharjah vessels necessary or proper for
carrying out the purposes of the Maritime Law as defined by
Article 14 of this Decree or of any International Convention to
which the State of Sharjah is or may become a party.

In aid of licencing, certificating and up-grading of ship's
officers and personnel, the Department shall, from time to
time, establish such standards, rules and regulations as shall
be deemed necessary and appropriate to carry out such
purposes and maintain the high standards of the Sharjah
Merchant Fleet.

Failure of an owner of a Sharjah vessel to file any required
report relating to the ship's officers employed on the vessel
shall result in an automatic fine of U.A.E. Dirhams 1,000 (one
thousand) for each offence, and until paid, each such file
shall constitute a maritime lien on the vessel.

Failure of an owner of a Sharjah vessel to ensure that each
officer employed on the vessel is the holder of a valid Sharjah
licence of competence to fill the position held by him shall
subject the owner to a fine of U.A.E. Dirhams 500 (five
hundred) for each officer so employed who is not the holder
of such Sharjah licence. Where such failure is admitted or is
established by any required report, the fine shall be
automatic. If a proper Sharjah licence is obtained within thirty
days of notice from the Department, the fine with respect
thereto shall be remitted. Until paid or remitted, each fine
shall constitute a maritime lien on the vessel.

ARTICLE 13

Fees. - The Department is authorised to establish by
Regulations all necessary and proper fees.

—\.g-

ARTICLE 14

Insofar as it does not conflict with any other provisions of this
Decree, the General Maritime Law of England is hereby
declared to be and is hereby adopted as the General Maritime
Law of the State of Sharjah.

ARTICLE 15

General Penalty for Violation. - Except as otherwise specified
herein, any person who is convicted by a court of competent
jurisdiction of a violation of any of the provisions of this Decree
or of any of the lawful rules and regulations of the Department
made as provided in Article 6 of this Decree shall, upon,
conviction, be subject to a fine not exceeding U.A.E. Dirhams
50,000 (fifty thousand) or imprisonment for a term not
exceeding ten years, or both.

ARTICLE 16

Jurisdiction. - The Admiralty Division of the Courts of the State
of Sharjah shall be competent to try all causes of action arising
out of, or under this Decree or any regulations made by its
authority, but, except as otherwise specifically provided in his
Decree, the provisions of this Article shall not be deemed to
deprive other courts, elsewhere, of jurisdiction to. enforce such
causes of action.

—\.o-

Section 2
REGISTRATION AND IDENTIFICATION OF VESSELS

ARTICLE 17

General Provisions. - Except as provided herein no
self-propelled or sailing vessel engaged in trade exclusively
between ports of the State and no vessel engaged in foreign
trade shall fly the flag of the State or be accorded the rights
and privileges of a Sharjah vessel unless such vessel shall be
registered in accordance with the provisions of this Section.
The home port of every vessel so registered shall be Sharjah,
and the name of the home port shall be shown on the
Certificate of Registration.

ARTICLE 18

Vessels Eligible to be Registered. - Vessels of the following
classes are eligible to be registered under the laws of the
State of Sharjah:
(a) A sea-going vessel engaged in foreign trade wherever
built, owned by a citizen or national of Sharjah or The
Trucial States or a foreign corporation duly registered
under the Law of the State of Sharjah. The term
"citizen" or a "national" shall include corporations,
partnerships, and associations of individuals.

(b) Any vessel engaged in trading between ports in
Sharjah and the Trucial States.

-\.1-

ARTICLE 19

Vessels Not Required to Be Registered. - Any vessel
engaged solely in domestic commerce shall not be required
to be registered so long as an exemption certificate issued by
the Department is in force and carried on the vessel.

ARTICLE 20

Registry Fee and Tonnage Taxes. - There shall be an initial
registration fee of Qatar and Dubai Riyals 4 (four) per net ton,
and there shall be an annual tonnage tax of U.A.E. Fils 50
(fifty) per net ton, which said taxes shall not be increased for
a period of twenty one years as from the date of initial
registration; provided, however, that as to any vessel of less
than 500 net tons registered, and registration fee and the
annual tonnage tax shall be equal to half that required for a
vessel of 500 net tons. All unpaid tonnage taxes and all other
charges due to the Department shall constitute a maritime
lien on the vessel, second only to liens for wages and
salaries.

ARTICLE 21

Annual Tonnage Tax. - Except as herein otherwise provided,
the annual tonnage tax on vessels provided for in Article 20
above is payable in advance on the first day of January in
each year and upon failure to pay said tonnage tax when due,
the Department may invalidate the said Certificate of
Registration of the vessel with respect to which said tax is
payable.

—\.V—

No Certificate of Registration, either permanent or provisional
shall be issued for a vessel not previously registered under
the laws of the State of Sharjah unless a sum equal to the
tonnage tax for one year has been paid in respect of the
vessel. In the case of a vessel so initially registered, the
amount payable on the first day of January of the year
immediately following the date of its initial registration shall be
computed at the rate of U.A.E. Fils 50 (fifty) per net ton for the
proportionate part of the year remaining between the first
anniversary of the date of its initial registration and the close
of the calendar year. The Department or its duly authorised
officer is authorised and directed to collect the tonnage tax
and to issue receipt therefor. No Certificate of Registration
deposited by the master or commander of the vessel shall be
returned to them until proof is furnished to the Department
that the annual tonnage tax for the then current year has
been paid.

ARTICLE 22

Title of Ship's Document. - The ship's document shall be
called the "Certificate of Registration”.

ARTICLE 23

Conditions Precedent to the issue of a Permanent Certificate
of Registration. - Upon receipt of a written application in the
prescribed form of an owner of a vessel eligible for
registration under the laws of the State of Sharjah requesting
the issue of a Certificate of Registration for the vessel,

accompanied by the oath or oaths required by Article 24
below, the Department, upon payment of the prescribed fees,
may issue a permanent Certificate of Registration for the
vessel provided that the owner provides proof satisfactory to
the Department:

As to his ownership of the vessel;

That any foreign Certificate of Registration for the
vessel has been surrendered with the consent of the
government that had issued it; or has been legally
cancelled;

That a Certificate of seaworthiness has been issued;

That the owner has paid to the Department a sum
equal to U.A.E. Dirhams 4 (four) per net ton of the
vessel, representing the initial registration fee;

That the markings of name, official number, net
tonnage, home port, and draft required by Article 26
has been issued.

ARTICLE 24

In order to register a vessel, the owner, managing
owner, part owner, or his agent, authorised by power
of attorney, where such vessel is owned by
individuals, or, in the case of a corporate owned

-\.4-

(a)
(b)

Oaths

(1)

vessel, the president, vice president, secretary of the
corporation or other officer or agent authorised in
writing shall take an oath declaring the name of the
vessel, its net tonnage, the place where built, the date
when built, the name and residence of any other
owner and his citizenship; each owner's proportion;
name of master, and citizenship, the name of the
deponent and his citizenship.

The oath may be taken before those persons
designated in Article 10 of this Decree of a notary
public or other officer authorised to administer oaths
by the laws of the place where the oath is
administered.

The names of the persons owning shares in an
incorporated company owning such vessel need not
be stated. The oath of any person interested and
concerned in.the vessel shall not be required. An
agent or attorney who purchases any vessel shall
take oath to the ownership of the vessel and that he is
the agent or attorney for the owner and in such
capacity has made such purchase in good faith.

When the master of a vessel is at the port where the
vessel is when she is to be registered, and application
is made for registration, he, instead of the owner,
agent, or attorney, shall execute the oath regarding
his citizenship required by Sub-Article 1 of this Article.

Whenever the Certificate of Registration of any vessel

VV.

(2)

(3)

is lost or destroyed, the master, or other person in
command, may take the following oath at or
according to the availability of a duly authorised
officer of the Department nearest to the port where
the vessel. is first located after such loss or
destruction:

"|, (insert the name of the person swearing) being
master or in command of the (insert type of vessel) or
vessel called the (insert name of the vessel), Official
No. (insert No.) owned by (insert the name of the
owner) of (insert domicile of the owner) do swear (or
affirm) that the said vessel has been, as | verily
believe, registered according to the Laws of the State
of Sharjah by the name of (insert again name of
vessel), and that a Permanent (or Provisional)
Certificate of Registration bearing No. (insert No. of
lost Certificate) or (insert date of issue of lost
Certificate) which Certificate has been lost (or
destroyed); and that the same, if found, and within my
power, will be delivered up to the Director General of
the Trade Aviation Marine Department of the State of
Sharjah and its Dependencies".

When an oath is taken in the foregoing form, the duly
authorised officer of the Department shall grant to the
vessel a temporary Provisional Certificate of
Registration and insert therein that it is issued in lieu
of the one lost or destroyed. Which officer shall
forthwith send to the Department a written notice,
accompanied by a copy of the oath, advising that

-\\N\-

such oath has been taken and such temporary
provisional Certificate issued. Upon receipt of such
notice the Director General, upon being satisfied that
the vessel is entitled to a Certificate of Registration,
may grant a new Certificate of Registration identical
with that which was lost or destroyed. As soon as
practicable after the issue of such a Certificate of
Registration, the temporary Provisional Certificate
hereinbefore referred to must be surrendered to the
Department for cancellation.

ARTICLE 25

Measurement. - A vessel shall not be permanently registered
until measured by a person appointed by the Department ora
bureau or agency authorised by this Decree or pursuant to
the regulations made hereunder. A vessel registered under
the laws of the State of Sharjah shall not be required to be
measured anew unless here burden has been changed.

ARTICLE 26

Certificate of Measurement. - The person who measures a
vessel shall certify, specifying the building of the vessel,
number of decks and masis, length, breadth, depth, tonnage,
and such other particulars usually descriptive of the identity of
a vessel, and that her name, and place to which she belongs,
are painted on her stern.

All Charges incidental to the measurement of vessels and to
the issue of a Certificate of Measurement shall be payable at

-\AY-