The main laws which govern maritime issues in Somaliland are the pre 1991 laws in so far as they are in accord with the Somaliland Constitution.
1. The Maritime Code, which is based on the 1959 Somalia Maritime Code (large pdf file) (Legislative Decree 1 of 21 February 1959, as amended and extended to Somaliland in 1966 under Decree Law No:7 of 1 November 1966. The Decree Law was converted into Law by Law No:3 of 7 January 1967) and which has been revised by the Somaliland Ministry of Commerce, but has not yet been submitted to the Somaliland Parliament. It is, however, used in so far as it is consistent with the Somaliland Constitution (Article 130(5)) and the ministerial revision has largely achieved that purpose.
2. The Territorial Sea and Ports Law 1972 is applicable to Somaliland but under 130(5) of the Somaliland Constitution all references to “Somalia” now refer to “Somaliland” and Article 2 of the Constitution defines clearly “the territory of the Republic of Somaliland” as “consisting of all the land, islands, and territorial waters, above and below the surface , the airspace and the continental shelf”. The provisions of this 1972 Law have be read with those of the United Nations Convention on the Law of the Sea (UNCLOS).
3. Somaliland considers itself bound by the United Nations Convention on the Law of the Sea, which was ratified by the Somali Democratic Republic on 24 July 1989.
4. SOMALILAND FISHERIES LAW: The Somaliland Ministry of Fisheries has issued a number of circulars on Fishing (Details to follow). The main Fisheries Law (Xeerka Kaluumeysiga) (Law no: 24) was passed in September 1995 and is based on the 1985 Somalia Fishery Law 1985. Note also that Articles 70 and 72, as well as Articles 234 and 235 of the Maritime Code which deal with penalties for the offences of abusive sea fishing and of fishing with prohibited means.
REPUBLIC OF SOMALILAND
PRELIMINARY PROVISIONS Article 1-3
BOOK: I ADMINISTRATIVE ORGANIZATION OF NAVIGATION
CHAPTER I Administrative Organization of Navigation Article 4 - 10
CHAPTER II Maritime Demesne Article 11 - 24
CHAPTER III Administrative Activity, Police and Service in Ports Article 25 - 34
CHAPTER IV Maritime Personnel Article 35 - 38
CHAPTER V Administrative Organization of Vessels Article 39 - 50
CHAPTER VI Maritime Police Article 51 - 65
CHAPTER VII Health Control Service Article 61 - 65
CHAPTER VIII Sea Fishing Article 66 - 72
BOOK II: OWNERSHIP AND FITTING OG VESSELS
CHAPTER I Ownership of the Vessel Article 73 - 77
CHAPTER II Operator Article 78 - 91
CHAPTER III Master and Crew Article 92 - 89
CHAPTER IV Employment Contracts Article 99 -110
BOOK III: OBLIGATIONS RELATING TO THE OPERATION OF VESSELS
CHAPTER I Hire of the Vessel Article 111-115
CHAPTER II Affreightment Article 116-122
CHAPTER III Carriage of Persons Article 123-126
CHAPTER IV Carriage of Goods Article 127-136
CHAPTER V Bill of Lading Article 137-140
CHAPTER VI Contribution to General Averages Article 141-144
CHAPTER VII Responsibility for Collision of Vessel Article 145-149
CHAPTER VIII Assistance and Salvage Article 150-154
CHAPTER IX Salvage and Finding of Sea-wrecks Article 155-161
CHAPTER X Privileges Article 162-169
CHAPTER XI Mortgage Article 170-173
BOOK IV: PROCEDURAL PROVISIONS
CHAPTER I Inquiries and lawsuits for Maritime Accident Article 174-177
CHAPTER II Labour Disputes Article 178
CHAPTER III Enforcement and Other Court-ordered Step Article 179-186
BOOK V: MARITIME CRIMES
CHAPTER I Crimes Against the Ship’s and Navigation Police Article 187-190
CHAPTER II Crimes Against Ship’s Authorities Or Against Consular Authorities Article 191-195
CHAPTER III Crimes against the Safety of Navigation Article 196-199
CHAPTER IV Crimes against Public Faith Article 200-204
CHAPTER V Crimes against the Ownership Of the Vessel or Cargo Article 205-209
CHAPTER VI Crimes against Persons Article 210-214
CHAPTER VII Infringement of the Provisions Governing
the Maritime Demesne Article 215-217
CHAPTER VIII Infringement of the Provisions Governing Police,
Port Services And Port of Call Article 218-219
CHAPTER IX Infringement of the Provision Governing the Employment of
Sea-faring People Article 220
CHAPTER X Infringement of the Provision Governing the Ownership of
The Vessel Article 221-222
CHAPTER XI Infringement of the Provision Governing Navigation Police Article 223-227
For the rest of Chapter XI and the remaining Chapters XII to XIV and Book VI, please refer to the same provisions
in the Somali Maritime Code.
The sovereignty of the territory embraces the zone of the sea to the distance of six (twelve?) nautical miles along the continental and insular coasts.
The above distance is measured from the coastline marked by the low tide.
The different provisions which might be established by laws, regulation, or international agreements for definite purposes are hereby excluded.
Enforcement of the law of the Territory and of the National Law of the Vessel
Somaliland vessels sailing at sea in a zone or space not subject to the sovereignty of any states are considered as Somaliland Territory. Within the limits of the territorial sea (sea Article 1), acts and facts performed on board any vessel and relating to penal, police, health, and public security laws are government by the law of the Territory.
The national law of vessel, instead, governs: ownership; joint–ownership; guarantee rights and forms of publicity; ship-owner’s responsibility for obligations undertaken; powers, duties; and attributions of the ship’s master; employment, hire affreightment, and carriage contracts; contribution to general averages is obligations connected connected with collision between vessels out of the territory is resorted to; obligations arising out assistance, salvage, and rescue.
Actions regarding collision of vessels, assistance, salvage or rescue at sea can be brought before the court of the territory if the vessel which caused the collision or which has been assisted or salvaged, or the persons or the properties saved rescued find themselves in the territory.
B OOK 1: ADMINISTRATIVE ORGANIZATION OF NAVIGATION
ADMINISTRTATIVE ORGANIZATION OF NAVIGATION
The administration of merchant marine is headed by the Minister of Commerce.
Administration of the Littoral
To the effects of the maritime administration, the littoral of the territory constitutes a single Maritime Zone, with Hargeisa as principal town, the office of which is known as the Port Captain’s Office of Hargeisa.
The duties pertaining the Maritime Board for the tract of littoral from Danane to Eil Excluded are performed directly by the Port Captain’s Office of Hargeisa
Line of Dependence of Administrative Maritime Board.
The Port Captain’s Office of Hargeisa operates under the Ministry of Commerce Industry & Ports.
The Maritime Boards and the Central Maritime Lighthouse and Signalling Office operate under the Port Captain’s Office of Hargeisa.
Seashore Delegations and District Maritime Lighthouse and Signalling Services operate under the Maritime Boards.
Personnel of the Maritime Administration.
As a rule, personnel of the Port Captain’s Office of Hargiesa and of Dependent Boards and Services in taken from the roll of Maritime Services.
Attribution of Harbor Masters
The Head of the Maritime Zone, the Head of the Maritime Board and the Sea-Shore Delegate are Harbor Masters in ports in which they have their office.
Over and above the attributions set forth in the present code and the regulations, Harbor Masters exercise, within the limits of their respective jurisdiction, all the administrative attributions relating to sailing and traffic are not specifically conferred on other authorities.
Harbor Masters provide also for the technical employment of agents of the Police Corps assigned to the port in connection with the safeguard and safety of persons, preservation of works embarking and landing of passengers, goods and ballast and, general, supervision maritime service.
Replacement of Consular Authorities by Harbor Masters
Harbor Masters can replace foreign Consular Authorities as regarding both the visaing of the Ship’s documents and the possible assistance to foreign merchant vessels, in case there is no Consular Authority and express request of the ship’s master.
Supervision of Shipping and Traffic Abroad
Supervision of shipping and national traffic abroad is exercised by consular Authorities.
Possession, Pertinence and Use of the Maritime Demesne.
The Maritime demesne includes; beaches, shore, ports, bays, inlets, mouths of rivers flowing into the sea, basins of salt or selfish water which directly
Communicate with the sea, also is not regularly.
Buildings and other works belonging to the administration, exiting within the limits of the maritime demesne and of the territorial sea, are considered as pertinence of the same demesne.
The maritime administration regulates the use of the maritime demesne and exercises policing on the same.
Zone of the Maritime Demesne
The shore shall include that portion of the coast-line extending as far as the highest water mark at the high tide.
The extension of the shore shall be determined by the maritime offices on the
Basis of ascertainment-s carried out locally and of the testimony of elder persons who are familiar with the place.
The beach shall include the land next to the shore, which can be destined for the public use of the sea. Where the extension of the beach is not determined by the subsequent articles, it shall extend as far as the nearest land publicly or privately owned.
Delimitation of Zone of the Maritime Demesne
The delimitation of specific zones of the maritime demesne with respect to public or private property referred to sub. Article 12, third paragraphs, is affected by the Head of the Maritime Zone any time necessary or deemed advisable.
Delimitation, however, can be requested, also by the neighbouring proprietors concerned. Preliminary, delimitations, following authorization by the Minister of Commerce, Industry & Ports, are effected by the Head of the Maritime Zone. Disputes arising in the course of delimitation are decided in an administrative way by the Minister of Commerce, Industry & Ports in agreement with the Minister of Finance. In disputes before juridical Authorities, a protection of estates pertaining to the demesne of the sole competence of the Minister of Finance
Decree of Delimitation
The delimitation of the maritime demesne is provided for by decree of the Minister of Commerce, Industry & Ports.
Whoever has not put forward any claim before the administration within 180 days from the notice and publication of the Minister’s decree cannot demand that delimitation be revoked or changed If so, the administration can accept his claim and pay an indemnity corresponding to the fair price of the property or of his rights, to be estimated exclusively on the basis of their condition prior to the delimitation decree.
Exclusion f Zones from the Maritime Demesne and Destination of Maritime Demesne Zones Other Uses.
The exclusion from the maritime demesne of zones, which cannot be used for public sea uses and the temporary destination of parts of the maritime demesne to other public uses are provided for by decree of the Minister of Commerce, Industry & Ports in agreement with the Minister of Finance.
Prohibition of Occupation of or Innovation on Properties of the Maritime Demesne or of the Territorial Sea
Unauthorized occupation of and innovation on properties of the maritime demesne, their pertinence, and he territorial sea are prohibited.
The Harbor Master is responsible for ordering to the infringe-r to restore the properties to their former condition within the time established and, in case of non-compliance, for effecting the same of the expense of the person concerned, after authorization of the Minister of Commerce, Industry & Ports, save for panel action against the infringer.
Concession of Demesne Properties and Extraction and Other Materials
The maritime administration, consistently with the needs connected with public use, can grant occupation and use, also exclusive of properties of the maritime demesne or zones of the territorial sea for a definite period of time
Concessions, the duration of which exceeds two years, those not exceeding two years but involving installations which are difficult to remove, as well as those for which, in consideration of the object and purpose of the concession, the administration assumes special obligations before the concessionaire, are granted upon decree of the Minister of Commerce, Industry & Ports.
Other concessions, including those relating to the extraction and gathering of stones and other materials, are granted upon a licence issued by the Head of the Maritime Zones.
In case various concessions requests are submitted, preference is given to the person who offers greater guarantees of profitable utilization of the concession and intends to avail himself of it for an use which, in the judgement of the administration, is consistent with amore relevant public interest. When the above.
Reasons of preference do not exits, preference is given to the preceding concessionaire.
In return for occupation and use of demesnial properties, the concessionaire must pay the administration a rent, the amount of which is established in the act of concession.
During the period of validity of the concession, the rent can be adequately reduced only in case of partial revocation of the concession, or when the utilization of the latter is partially limited by the natural causes, which modify the property, conceded. The obligation to bay the rent ceases with the expiration of the concession or upon renunciation of the concessionaire to the property conceded, or for total failure of utilization owned to natural causes of utilization of the concession, for total revocation and, save for the current year, for cancellation of the concessionaire.
As regards concessions for charity or other purposes of public interest, rents are fixed for the simple recognition of the demesnial nature nature of the properties conceded.
Revocation of the Concession
All or part of any concession can be revoked for specific reasons connected with the public use the sea or for other reasons of public interest, at the discretional judgement of the Maritime Administration.
Revocation is decided by the authority, which has granted the concession unless otherwise provided, in the case concessions which involved fixed installations, the Maritime Administration is obliged to pay an indemnity installations as the remaining years up to expiration.
In any case, this indemnity shall not exceed the value of the installations ot the time of revocation.
In case of partial revocation, the concessionaire can renounce to the concession by notifying his decision to the grating authority within the term of 60 days from the order of revocation.
Cancellation of the Concession
The maritime administration can declare the cancellation of the concession:
a) For non-performance of the works ordered in the Concession Act, or for failure to begin management within the team granted;
b) For failure to use the concession continually during the period fixed to this effected in the Concession Act, or for bad use;
c) For substantial unauthorized change of the purpose for which the concession had been granted;
d) For non-payment of the rent for the number of instalment established to this effect in the Concession Act;
e) For abusive substitution to other to other person in the use of the concession.
f) For non-compliance of the obligation deriving from the concession or prescribed by the provision of laws regulations
In case sub. a) And b), the administration can grant a delay to the concessionaire.
Before declaring cancellation, the administration fixes a date within which the person concerned can present his defence.
Cancellation is provided for by the granting authority.
The concessionaire who lost the concession is not entitled to reimbursement either for works effected or for expenses borne.
Mortgage on Works built on Demesnial properties and Subrogation in the Concession.
When the concessionaire intends to constitute a mortgage on works built by him on decennial properties, and substitute other persons in the use of concession, he must request authorization to the granting authority.
In case of sale or enforcement, the purchaser or the assignee of the works or installations built by the concessionaire on demesnial properties cannot succeed in the concession without being authorized by the granting authority.
In case of death of the concessionaire, heirs succeed in the concession but must request its confirmation within six months under pain cancellation of their rights. Provisions regarding revocation are applicable if the administration does not technical ability and financial standing of heirs.
Devolution of Fixed Works.
When the concessionaire is declared cancelled and unless otherwise established in the Concession Act, at the expiry of the concession, fixed works on the demesnial zone become owned by the administration without indemnity or reimbursement; the granting authority, however, can order their demolition to restore the properties to their former condition at the concessionaire’s expense.
Rules governing the use of Demesnial Properties
In places where it is recognized advisable, the Harbor master regulates, in agreement with the custom Authority, the destination and use of areas and pertinence of the demesne for loading, unloading. And temporary stay of
Goods or materials for a period of time exceeding that necessary for ordinary port operations.
The customs Authority is responsible for granting the single authorization and fixing stays duties.
Installation and management for factories and storage of flammable products
Concessions for the installation management of factories and coastal storage of flammable products, located also only in part within the limits of the maritime demesne or the territorial sea, are granted in accordance with the provisions of the present chapter upon decree of the ministry of commerce, industry & ports, after hearing the council of ministers.
Concessions for stations selling fuel, mineral oil and related by- products as well as for coastal storage of flammable products with a capacity not exceeding 105. 94 cubic feet (20 feet meters) are granted by the Minister of Commerce, industry & Ports.
Installation and management of factories, storage, and station referred to above are subject to the special provisions of the regulation
ADIMINSTRATIVE ACTTIVITY, POLICE AND SERVICE IN PORTS
Rules governing ship movements and maneuvers, and port activities
The Harbor Master regulates and superintends the entry and leaving, shifting anchorage, and mooring of vessels, use of buoys in ports, loading, unloading and storing of goods, imparking and lading of passengers, operations of the maritime lighthouse and signalising service, fire and measures against fire, taking any step in connection with security and police of port and adjacent areas, with the power of ordering the mooring, unmooring and any other maneuver of vessels within the port; the same authority can carry out itself, in case of need, the maneuver ordered at the expense of the vessels concerned.
Removal of Submerged Materials and Vessels
In case of submersion of goods or other materials in ports, the person concerned must provide for their immediate removal.
Should they fail to fulfil this obligation causing, in the judgement of the Head of the Maritime Zone, a danger or hindrance to navigation, the letter authority will order that removal be carried out.
In case of submersion of vessels in port or any place of the territorial sea in which, in the judgement of the Head of the Maritime Zone, a danger or hindrance for navigation can arise, the letter authority orders the owner to remove the wreck, fixing a date for performance after hearing the Department of public Works and the Maritime Technical Office.
Should the owner fail to comply with this order, the above authority will order that removal be carried out.
The Minister of commerce, industry & ports decides on removals, procedures for their carrying out and the possible sale on behalf of the administration of
Material and wrecks salvaged as well as on the amount of reimbursement of expense due to the administration by owner who, in case of submerged vessels not exceeding 300 GRT, are obliged to the payment of removal only within the value of the wrecks salvaged.
Assistance to Vessels in Danger
The Harbor master, If aware of a vessel being in danger or of a ship-wreck or other accident must immediately provide for assistance, and, if it has unavailable and cannot find the necessary means, inform authorities who are in condition to effectively intervene.
When the maritime Authority cannot intervene in time, the first necessary steps are made by any other government authority on the place.
In order to provide assistance, the Maritime Authority or, in default, any other government authority on the place can order that vessels in the port or in ist neighbourhood be put at their deposal together with their crews.
Indemnities and rewards for assistance given by these vessels are established and paid according to the provisions governing assistance and salvage.
Supervision of Port Activities-Disorders in Ports and on Vessels.
Activities carried out by anyone in ports or, generally, within the limits of the maritime demesne are subject to the supervision of the Maritime Authority.
In case of disorders in ports or on vessel staying therein, the Maritime Authority, when informed, provides to re-establish the requesting, if necessary, the cooperation of police.
Damages to Works and Other Ports or Maritime Installations
If damages are caused to works or port or maritime installations, the Maritime Authority, after ascertaining their extend through technical bodies, orders the responsible person to carry out, within a determined date, the necessary repairs.
In case of urgency or in case of non-performance on the part responsible persons, the Maritime Authority carries out itself these repairs which are decided by the Ministry of Commerce, Industry & Ports.
When the above damages are caused by a vessel, the Maritime Authority must request the deposit of a sum as guarantee for payment of expenses borne to carry out the repairs.
Fishing, use of explosives and lighting of fires in ports.
In ports and other places of call or passage of ships, fishing, deflagration of explosive substances, as well as lighting of lights or fires which are likely to trouble the signalling service, are subject to the authorization of the Maritime Authority, at its judgement.
Personnel not Qualified for Pilot age.
Sea-faring people and fishers required to furnish assistance for guiding a vessel to anchorage or in a given difficult passage, can take up the job provided that as soon as they are on board state their quality and declare that they are not qualified for pilot age; they are liable for damages suffered by the vessel only when it is proved such damages derive from wrong information and indications given by them to determine the route.
Port laborers are people with any position in charge of loading, unloading, stowing, unstowing, transhipment, freight handing on quays and in warehouses, shifting of goods and persons in general, as well as complementary operations involving personal work or use of floating or land transportation means mechanical or implements.
Harbor Contracting Work.
The carrying out of port operation ob behalf of third parties by business enterprises or individuals, is subject to concession upon decree of the Minister of Commerce, Industry & ports.
Concession can be granted to port laborers cooperatives. Tariffs for port operations re established in accordance with the terms provided for in the Concession Regulations.
Port labor Councils
If considered advisable, Port Labor Councils can be set up in ports upon decree of the Minister of Commerce, Industry & Pots. These councils assist the Harbor Master on ports labor matters.
Sea-faring People and Personnel employed in Maritime Activities of Ports
Maritime personnel, in relation to the work performed, includes (a) sea-faring people, and (b) personnel employed in maritime activities of ports.
The former category includes people with any rank of position who constitute the crew on ships, dhows, and mechanically propelled craft.
Enrolment and Sailing Books of Sea-people
Sea-faring people are enrolled in special registers held by the Head of the Maritime Zone.
People enrolled are furnished with a sailing book, which is the only document qualifying for maritime activities and is valid as passport for the period and requirements connected with the performance of maritime activities. In order to enrol in the above registers, sea-faring people are required to:-
a) be Somaliland citizens
b) be Domiciled in the territory;
c) be at least 15 years old
d) be vaccinated against smallpox
e) have the consent of the person exercising paternal authority or tutelage (for minors)
f) be declared physically fit for sailing,
g) know how to swim and row
h) not to have been sentenced for crimes against properties of people, involving at least one year imprisonment, save for rehabilitation.
Minors who are at least 10 years of age can be enrolled in the above registers to be employed on ship’s or dhows provided members of their family are also making part of the ship’s crew and condition that they take responsibility for them.
On landing from these vessels, minors are still enrolled in the above registers but they cannot be employed on ships or dhows until 15 years of age, unless members of their family to take responsibility for them are part of the crew on said vessels.
Sea-faring people can cancelled from the official registers for the following reasons.
a) death of the person enrolled.
b) Statements of the enrolled person’s intention to abandon maritime activities.
c) Loss of Somaliland citizenship
d) Permanent loss of physical fitness for sailing;
e) Sentence, in irrevocable judgement, for a crime for which the applicant cannot be enrolled;
f) Cessation of sailing for a period of ten consecutive years for the persons enrolled who are in possession of professional titles, and five consecutive years for the other persons enrolled.
Persons cancelled from the official register in accordance to the above-mentioned c) to be ) can request re-enrollment when the causes which determined cancellation do not longer exist ; persons cancelled in accordance to the b)and f) can request re-enrollment within a period of time from the day of cancellation, equal to the period of sailing previously carried out.
Professional Titles of Maritime Personnel.
For sea-faring people and persons working in the maritime industry, professional title are the following.
a) Deck service.
1) Capitano di lungo corso ( master mariner), qualifying for command of any type of vessel for any destination.
2) Padrone marittimo, qualifying for command of any of vessel not exceeding 1,000 GRT; for sailing from Lourenco Marques to the Arabian coasts, in the Persian Gulf and the Red Sea, as well for coastal sailing in the Oman Gulf, along the Indian coasts, up to Calicut.
3) Nacuda, qualifying for command of sailing vessels not exceeding 250 GRT or mechanically-propelled vessels as specified sup. 4 below, within the same geographical limists.
4) Marinaio authorizzato al traffico, qualifying for command of sailing or mechanically-propelled-vessels not exceeding 150 GRT for coastal sailing from Lourenco Marques up to the Arabian coasts of the Oman Gulf, including the Persian Gulf but excluding the Red Sea.
5) Capotarca (head boatman), qualifying for command of sailing or mechanically-propelled-vessels not exceeding 50GRT in the waters the territorial sea.
b) Engine service;
1) Capitano di macchina (chief engineer), qualifiying for supervision of marine engines of any type, installed on board vessels sailing on any sea.
2) Meccanico navale ( engineer), qualifying for supervision of any type of marine engine not exceeding 800 S.H.P. or 900 rated S.H.P. installed on board vessels sailing from lourenco Marques to the Arabian coasts, in the Persian, Gulf and the Red Sea as well as for coastal sailing from the Oman Gulf, along the Indian coasts, up to Calicut.
3) Motorista navals (engine room mechanic), qualifying for supercision of internal combustion engines not exceeding 300 S.H.P. installed on board vessel sailing coastwise within the limits referred to above, including the Persian Gulf but excluding the Red Sea.
4) Fuochista autorizzato (authorizedfireman), qualifying for supervision of engines not exceeding 150 S.H.P, installed on board vessels sailing as per the above-mentioned a)-4.
5) Mototista abilitato , qualifying for supervision of internal combustion engines not exceeding 100 S.H.P. installed on board vessels sailing in the waters of the territorial sea.
c) ship building personnel:-
1) ingegnere navale (marine engineer), qualifying for designing or the supervising the construction, transformation or repair of any vessel.
2) cosstruttore navale (shipbuilder engineer), qualifying for designing and supervising the construction, transformation or repair of vessels with wooden hull of any type and tonnage, or with iron hull up to 300 GRT.
3) Carpentiere navale (shipwright), qualifying for construction and repair of wooden vessels not exceeding 150 GRT.
ADMINISTATIVE ORGANIZATION OF VESSELS
Ships, Dhows and Craft.
The term “vessel” includes any craft intended for sea transport, fishing, towage or any other purpose.
Vessels, depending on their technical requisites and type of service which they are called to perform, are registered in as:-
c) sea craft.
The enrolment of sea craft in their appropriate registers is determined on the basis of their permanent employment in the single port.
Provisions governing ships apply also to dhows and sea craft, unless otherwise provided.
Admission to Navigation and Identification of Ships, Dhows and Craft.
Vessels enrolled in registers held by the competent Boards and qualified in the from envisaged in the present Code are admitted to navigation.
Besides tonnage and the place where the Enrollment Board is located, ships are identified by a name, dhows by a name and enrollment number, sea craft by enrollment number.
Vessels built anywhere, belonging to Somaliland any foreign citizen, can be enrolled in the registers indicated sub. Article 39. Them term “citizens” included corporations, business enterprises and associations of individuals. For each not register the owner of the vessel must pay.
a) the duty established by the law at the time of enrollment.
b) the annual tax established by the law. The amount of this tax remains the
same for twenty years starting from the date of the initial enrollment.
Owners of ships and dhows who are not Domiciliated at the place of enrollment must appoint a representative whose residence therein constitutes, before the maritime authority, their actual domicile.
Nationality Act Ships, Dows Permits, Sea-craft Licenses.
Ships, dhows, and sea craft enrolled in registers are cleared for sailing and are qualified to fly the flag Somaliland merchant marine respectively by the nationality act, permit and license.
The nationality act is issued by the Head of the Maritime Zone and contains the name, type, and major characteristics, gross and net register tonnage, name and domicile of the owner.
Dhows permits and sea craft licenses are issued by the authority holding their respective registers and contain their name, enrolment number, main dimensions, gross and net register tonnage, name and domicile of the owner, and the Enrolment Board.
In case of urgency, the nationality act can be substituted by a temporary certificate issued by the Head of the Maritime Zone to new construction vessels, or the Consular Authority, also prior to enrolment, to vessels flying a foreign flag.
This certificate is also issued to vessels whose nationality act has been lost or destroyed.
This above authorities establish the validity of the certificate in relation to the time required issue the nationality act.
In case, the duration of the validity cannot exceed one year. Dhows permits and sea craft licenses can, in the cases envisaged above, be substituted with a temporary permit or license respectively.
The nationality act must be renewed when the name, tonnage or type and main characteristics of the vessels are changed.
Over and above these reasons, dhows permits must be renewed in case of change of the Enrollment Board and number; sea craft licenses must be renewed also in case of change of the owner.
Authorization to Abandon the Flag
The owner who intends to request cancellation of his vessel from Somaliland registers in order to enrol it in registers of another state, or if he intends to sell his vessel to another person who does not state that he intends to keep the vessels enrolled in Somaliland registers, must state this to the Board of Enroillment if the vessel is in the Territory or to the Consular Authority if the vessel is abroad.
The authority receiving the above statement orders the publication of the latter by affixing it in the Enrollment Board and, if this is the case, also by publication of the official bulletin inviting the persons concerned to exercise their rights within 120 days (in case of ships) or within 90 days (in case of dhows or sea craft), and issuing the authorization to abandon the flag.
Nevertheless, if within the term fixed in the preceding paragraph claims are put forward, or if the existence of real or guaranteed rights on the vessel is proved, the authorization can be given to the owner only after claims have been rejected by an irrevocable judgement or if creditors have been satisfied or the owners has complied with the provisions issued by the Maritime Authority in connection with crew wages and with the amounts due to the administration, any by the judicial Authority under request of the most diligent party, for the guarantee of creditors’ interests.
The authority delivering the document authorizing to abandon the flag withdraws the ships documents.
Authorization to Abandon the Flag in Case of Succession or Sale by Auction.
The heir or the person acquiring a Somaliland vessel by auction who does not intend to keep a the vessel enrolled in Somaliland registers, must forward a statement of his will to the Enrollment Board of the vessel or, if aboard, to the Consular Authority.
The authority receiving this statement takes the steps set forth in the second paragraph of the preceding Article.
As for the granting of the authorization, the third and fourth paragraph of the preceding Article shall apply.
Authority Competence for Granting the Authorization to Abandon the Flag
The authorization to abandon the flag is of competence of the Minister of Commerce, Industry & Ports.
Voluntary Demolition of Vessel
The owner, who intends to demolish his ship, or dhow or sea craft exceeding 50 GRT, must state the same and request the authorization to the Enrollment Board delivering the ship’s documents.
The authority published the statement according to the procedure set forth in Article 43.
If, within 120days from the date on which the statement was published, creditors put forward claims in this respect, or if the existence or real or guarantee rights on the vessel is proved, the authorization can be after claims have been rejected by an irrevocable judgement, or after creditors have been all satisfied, or rights cancelled, or, in default, if the owner has fulfilled owner the provisions
Of the Maritime Authority for crew wages and for the amounts due to the administration.
The authorization is also granted by the judicial Authority under request of the most diligent part in order to safeguard the creditors’ interests.
Nevertheless, demolition can be forthwith authorized when the same is necessary for serious urgency reasons.
After four months from the last news, in case of mechanically-propelled vessels, or after eight months in the other cases, the vessel is presumed to be lost on the day following that in which the last news was received.
After adequate investigation are conducted, the Enrollment Board, upon expiration of the above terms, drafts a note of presumed loss.
Cancellation of Vessels from Registers
Any vessels are cancelled from the enrollment register in case of:-
a) actual loss,
b) presumed loss,
d) abandonment of the flag,
e) change enrollment board,
upon cancellation, the authority withdraws the ship’s documents if it has not already done it in accordance with the preceding Articles, publishing cancellation as required.
Seaworthiness Conditions and Procedures for their Determination
Any vessel commencing sailing must be seaworthy, suitably rigged and equipped, for the employment intended for.
The existence of the above requisites is evidenced by suitable certificates issued by the Maritime Technical Office operating directly under the Minister of Commerce, Industry & Ports, which arranges visits and inspections necessary to ascertain and control the conditions of seaworthiness and of fitness, in view of the safeguard of human life at sea and of the security of national merchant vessels. Certificates and any other document issued by the Maritime technical Office are valid as long as the contrary is proved. Certificates issued by legally established foreign agencies are just as valid as are those issued by the Maritime Technical Office.
The Maritime Authority in the territory and the Consular Authority abroad provide that ordinary prescribed inspections and visits, at the expiration of the above certificate, as well as special inspections and visits, when they consider it advisable or when averages have occurred which can lessen the seaworthiness of the vessel or the operation of its parts, are made at the ship owner’s expenses.
Ship’s documents are for:-
a) ships; nationality act, crew roll, log-back,
b) dhows; permit and crew roll,
c) sea craft: license.
The above documents must be kept on board.
1. name of ship or dhows.
2. name of ship-owner.
3. date of fitting-out and laying-up
4. list of crew members, indicating the individual employment contract as well
as the professional title, qualification, duties on board and wages agreed
upon in the contacts.
In the crew roll, the following data are noted:-
1. visits of the maritime technical office,
2. payment of maritime taxes and duties,
3. visa for arrival and departure of the vessel, to be affixed in each port by the
Maritime or Consular Authority.
The log-book is filed in daily by the ship’s master who reports any fact relating to sailing, money collected and paid in connections with both the vessel and crew; fulfilment of lows and regulations for the security of navigation; crimes committed on board and steps taken; any special event regarding the vessel, persons on board, and cargo, which happened during the voyage; and unloading of goods, indicating the nature, quality and quantity of goods, date and place of loading and destination port, shipper’s and consignee’s and the date and place of re-delivery.
The master reports also the hours of sailing, the number of revolutions per minute, consumption, averages and repairs to the power plant on the advice of the Chief Engineer who fills in daily a report on the part of his competence.
Reports on the log-book must be signed daily by the master.
They give evidence also in ship-owner’s favour, if lawfully made; in any case, they give evidence against the ship-owner but no part of their contents can be deleted by the party seeking advantage from the same.
Arrival of Vessel.
Upon arrival of a ship or dhow flying the Somaliland flag in a part of the territory, also in case of voluntary or forced refuge, the Master of the ship or dhow, besides complying with health regulations referred to sub. Chapter VII, must:
a) deliver to the Maritime Authority going on board a notice evidencing the basic data to identify the vessel, name of the master, of the owner and of the representative, number of crew members, quantity and quality of cargo on board and of that to be unloaded, number of passengers an board and number of passenger who are landing.
b) deliver the ship’s documents; the log-book is vindicated by the Maritime Authority who affixed a visa after the latest report contained in the book.
c) declare averages and any special event occurred during the voyage to the ship or dhow ,to the cargo and the persons who are on board. For ships, the maritime authority mentions this statement and adds it to the visa affixed on the log-book; for dhows, it drafts the relative note.
The same authority, if considered advisable, starts immediate investigation on the fact denounced drafting a separate note thereon. In foreign ports, operations referred to the above sub. b) and c) are carried out by the Consular Authority or by the local authority if authorized by the laws of the country or by international agreements; otherwise they are carried out in the first port of the territory or in the first foreign port in which resides the Consular Authority.
In case the statement of average or that relating to special events has not already been received by the local authority, the master must submit it to the Consular Authority immediately after clearance for pratique.
The master must furnish the Maritime or Consular Authority the information requested him on the voyage and to send to the same authority for investigations that the letter may consider advisable, crew members and passengers.
Foreign ships and dhows must also produce health documents and documents for identifying the ship, and are also subject to the provisions set for in the above sub .a), first paragraph, present Articles.
Departure of Vessels.
Any ship or dhow flying the Somaliland flag cannot leave ports in the territory or abroad without having obtained the departure visa to be affixed on the crew roll by the Maritime or Consular Authority respectively.
The visa cannot be issued when both the ship-owner and the Master have not fulfilled the obligations established by the Police Rules relating to the safety of navigation, or have not complied with health or customs obligations, or else have not paid maritime taxes and duties, fines or the guarantee deposit under Article 29, second paragraph.
The departure visa issued to foreign ships or dhows is evidenced by a departure clearance of the Maritime Authority which issue it only if police and customs rules have been complied with and maritime taxes and duties, fines and the guarantee deposit as per Article 29, second paragraph, have been paid.
All persons in any quality on board a vessel are subject to the master’s authority.
Crew members cannot land without being authorized to do so by the master.
They must cooperate in saving the vessel, passengers, and cargo until when the master has ordered to abandon the vessel.
In case of wreckage, they must give their works for salvaging the wreck if so required immediately after the wreckage either by the ship-master or by the Maritime or Consular Authority.
Complaints of Crew Members and Passengers
Crew members can bring complaints before the Maritime or Consular Authority against measures taken by the master in respect of the performance of their duties.
The master cannot present the person who intends to make complaints from presenting before the above authorities, unless urgent service requirements make their presence on board necessary.
Crew members, in number not less than one third, can complaint against both quality and quantity of victuals.
The Maritime or Consular Authority, after ascertaining the actual situation, order if this is the case, the ship-master to take immediately the most adequate measures and, in case of non-compliance, they provide by office furnishing the necessary amount by sale or pawn of rigging not indispensable for safe navigation or, subsequently, of items loaded on the vessel, given previous notice to the ship-owner and, whenever possible, to the persons having rights on the above properties.
When goods are sold, the ship-owners is obliged indemnify their owners. Similar steps are made by the Maritime and Consular Authority in case of complaint of passengers.
Abusive Loading of Dangerous Goods.
When dangerous goods are clandestinely loaded on a vessel, the master, as soon as he has discovered this fact, must depending on the circumstance, order that the same be unloaded or, if sailing, must render them inoffensive or destroy them if its not possible to suitably hold them in custody as far as the first port. The master must take the same measures when goods are loaded, the transport of which, although not forbidden by specific rules, is or becomes, during sailing dangerous or harmful to the vessel, persons or cargo, if it is not possible to take the same in custody until the arrival in the port of destination.
Such goods when kept in custody as far as the first port of call, must be delivered by the master to the Harbor Master or the Consular Authority to be stored in customs warehouse and put at the disposal of the persons concerned.
Death or Disappearance of Persons during the Voyage.
In case of death or disappearance of persons during the voyage the ship-master must ascertain the causes which determined the death or disappearance, with the assistance of two witnesses. If the death was caused by a disease which can transmit to others, the master must take any item belonging to the persons deceased be destroyed if considered dangerous to the heath of the other persons.
Save for this case, the above-mentioned items as well as those belonging to persons disappeared, are kept by the master as far as the first port of call and there delivered to the Maritime or Consular Authority.
After ascertaining the causes referred to sub, the first paragraph of the present Article, the master, in presence of the witnesses who have assisted him, reports the fact to the above authorities which, in turn draft a notice bearing the personal data on the person deceased or disappeared as, well as the hour, data, causes and circumstance of the event reported by the master.
This notice is forwarded to the Municipal or District Authority of the place of the last domicile of the person deceased or disappeared and, in case of disappearance, to this judicial Authority of the of the first port of call.
Repatriation of Somaliland Seaman and Citizens.
In foreign countries where no Consular Authority exists, the master must give shelter on board and repatriate Somaliland seamen who are found abandoned.
He must also give shelter on board and repatriate any other Somaliland citizen whom the Consular Authority deems, for whatsoever reasons, suitable to repatriate.
The master, however, cannot even if abroad give shelter on board to persons, also if Somaliland citizens searched for by the competent authority for having committed a common crime.
Loss of Ship’s Papers and Documents.
In case of loss of papers or other ship’s documents, the master must, in the first port of call, report it to the Harbor Master or to the Consular Authority which deliver him temporary documents to continue the voyage.
Request to Stop by Foreign Warships.
Ships and shows flying the Somaliland flag must obey the request to stop made by warships of friendly nations, justifying, if requested, their own nationality.
The above ships and dhows have not the obligation, in peacetime, to undergo any visit or other set of jurisdiction by warships of friendly nations except for what has been internationally agreed to prevent slave trade.
Provisions relative to maritime signalling in general, those to avoid collision as well as those relative to the installation and operation of radio electric apparatuses on board are established by the regulation.
HEALTH CONTROL SERVICE.
Maritime Health Control Service
The Maritime Health Control Service in ports, vessels anchored therein , as well as for arrivals and departures by sea, for the defence against the transmission by such way of infectious disease, operates under the department of public health through the Maritime Authority and its staff.
In ports of the territory, where the need arises, a port surgeon is nominated.
Port surgeons effect all the visits and controls connected with their duty established by the present code and the regulation, ensuring that all health measures are carried out in both parts and anchored vessels and dhows.
They must immediately inform the department of public Health and the Maritime Authority of any fact relating to public health as well as of any infringement of heath provisions, proposing the necessary steps to be made in this connection.
In ports where no surgeons are available, the heath control service is entrusted to the auxiliary health personal in the manner and with the limitations established by the department of Public Health which nominates also a surgeon in the nearest place to supervise the above-mentioned and intervene in the most serious cases.
Request of Admission to Pratique
The master of national or foreign ships and dhows including the captain of naval vessels, on arriving in a port of the territory is obliged to keep the vessel or dhow completely isolated, hosting the yellow flag indicating quarantine, established by the international signal code and forbidding any communications before having obtained admission to pratique.
To obtain the latter, the master must request it the maritime authority, which goes on board the infected vessel. To the authority, which must be assisted by the port surgeon or, in absence of the latter, by the auxiliary health personnel concerned, the master must show besides health documents his possession the health declaration to sub. Article 64.
Quarantine in Ports
The master my not request admission to pratique referred to in the preceding Article and take t he sea freely; any case, however, the must inform the maritime authority of his intensions upon arrival, submit the document referred to sub. Article 51, first paragraph, a) and keep the vessel or dhows in strict isolation hoisting the yellow flag indicating quarantine for the time of stay which, for foreign naval vessels cannot as rule exceed 5 days except for diplomatic understandings or cases of force mejure.
Before requesting pratique, the master must control the health conditions of anyone on board drawing up and signing a heath declaration; the latter is signed also by the ship’s surgeon, if any. The declaration should indicate the date and place of departure of the vessel, intermediate ports touched and date, number of passengers and crew, hygienic conditions of the vessel, any disease which occurred during the voyage and information on the health conditions of both passengers and crew received while at sea. The contents of the health declaration cannot be brought to the knowledge of anyone on board. When the maritime authority has doubts about the correctness of the declaration drawn up by the master, it can question passengers or crew members. For warships, the captain’s declaration will suffice.
Clearance for Pratique
Vessels arriving from countries which are not subject to health treatments, if the voyage was safe and the master has not received suspect information during the same, are immediately cleared for pratique by the Maritime Authority after hearing the ports surgeon, or in absence of the latter, the auxiliary health personnel concerned as soon as the ship-master has complied with the provisions set in the preceding Article.
1. the number of persons on board differs from that shown in the ship’s
2. the cargo is all or partly composed of substances which are suspected to
jeopardize public health.
3. the master has received suspect information during the voyage,
4. a doubtful Authority or death caused by disease has occurred during the
the Maritime Authority does not issue the clearance for pratique until when the provisions of the Department of Public Health in this respect , following and urgent report by the port surgeon or in absence of the latter, by the auxiliary health personnel concerned, have been complied with.
Vessels arriving from intermediate departure or arrival ports subject to health treatment, in order to be cleared for pratigue, must comply with the provisions set forth in the regulation for each particular case.
Major and Minor Fishing Activity
Sea fishing falls into two classes: major and minor fishing activities. The former class relates to the activities carried out exclusively by means of fixed plants or large nets for catching large sized fish including trawling on the high sea carried out with any mechanically-propelled-vessel.
The latter class involves the remaining fishing activities including fishing of mother-of-pearl and other industrially exploitable shells.
Fishing activities are governed by the following articles, which apply to both Somali and foreign citizens allowed, in accordance with definite agreements, to fish in the waters of the territory.
Concessions and License
Major fishing activities on the territorial sea and permanent breeding of fish and other aquatic animal in shore areas, in demesnial maritime waters or in the territorial sea are permitted only to person holding a concession for this purpose issued upon decree of the Minister of Commerce, Industry & Ports.
Minor fishing activities are permitted only to persons holding a license for this purpose issued by the Maritime Authority upon payment of the relative duty.
The normal validity of license in one year and it can be rewarded annually.
License are not necessary for fishing with conventional means. In concession acts relative to major fishing activities as well as in license for minor fishing activities, express reservation must be made for uses referred to in the preceding paragraph.
The right to major fishing activities does not prejudice that of minor fishing activities; to this end, any means employed in major fishing activities cannot be used within a line 500 meters from the coast.
Concessions for Major Fishing Activities
Concessions to carry out major fishing activities can be granted by the administration for a period not exceeding nine years and are renewable upon expiration for another period of the same length.
Concessions may include one or more sea areas; in any case, these concessions do not involve exclusive rights by the concessionaire upon the sea area covered by the concession, since the administration has the power to determine for each area the number of concessions which can be granted in relation particularly to the exploitation conditions, safeguard of sea fish and the different species of fish as well as to fix other special rules necessary to the public interest.
When concessions cover trawling on large areas of the territorial sea, the concessionaire must have on land the necessary sea product and by-product preservation and processing plants.
The same rule, however, may be applied also in other cases. To this end, concessionaires can obtain the occupation and use of available maritime demesne areas necessary to operate a fishing industry. These areas are granted with the same Concession Act as above or by a Subsequent Act.
Concessions are subject to the annual payment of a rent which is determined case by case according to the nature, importance, and duration of the concession, with special regard to the sea area conceded and to its location with respect to the places of call as well as to the maritime demesne areas conceded pursuant to the preceding paragraph.
For any case not specifically contemplated in the present Code, chapter VIII, relating to concessions referred to sub. the preceding Articles, the latter are governed by the provisions of chapter II of the present Book, insofar as consistent.
Prohibition To Fish
The Minister of Commerce, industry & Ports can prohibit, without paying any indemnity, fishing activities on sea areas conceded or on specific sea zones for reasons connected with public needs or with sailing or maritime signal requirements.
Prohibited Fishing Means
In any case, fishing by means of dynamite or similar materials as well as the use of electric current as a direct killing or stunning means, or throwing or dissolving substances in water to enervate, stun or kill fish and other aquatic animal, is prohibited.
Catching and selling animals thus stunned and killed is likewise prohibited.
Supervision of Fishing
Supervision of fishing and enforcement of the rules governing it are entrusted to the Maritime Authority.
BOOK II: OWNERSHIP AND FITING OF VESSELS
OWNERSHIP OF THE VESSEL
Provisions Applicable to Vessels
Unless otherwise provided, vessels are governed by the provisions regulating movable property. Boats, riggings, tools, fittings and, in general anything, durably destined to service or ornament of the vessel are part of the vessel.
The shares of participation in the ownership of a vessel are expressed in fractions.
For anything that concerns common interest of the joint-owners of the vessel. Resolutions taken by the majority bind also the minority.
The majority is farmed by the vote of joint-owners representing as a whole over one half the value of the vessel; as regard sale mortgages, the majority is formed by the vote of joint-owners representing as a whole at least two thirds of the value of the vessel.
The judicial Authority, however, upon request of joint-owners representing at least half the value of the vessel or in case of serious and urgent motives at least one forth the value of the vessel can authorize the sale or mortgage of the vessel after hearing dissentient joint-owners.
Form of Acts Relating to the Ownership of Vessels
Acts of acquisition, transfer or cancellation of ownership or other real rights on vessels or their fractions must be drawn up in writing pain of nullity
Publicity of Acts Relating to the Ownership of the Vessel
Acts referred to sub, the preceding Article have no value before third parties unless they are rendered public through transcription in the register of the ship, dhows or sea craft.
For ships and dhows, publicity must be completed by nothing the above acts on the act of nationality and permit respectively. Publicity is requested to the Enrolment Board. If the vessel does not find itself in the enrolment place, the above note can be made by the Maritime or Consular Authority of the place in which the vessel finds itself, upon request of the Enrolment Board.
Order of Precedence and prevalence of Transcription
In the case of several acts being published according to the preceding Articles, precedence is determined by the date of transcription in the registers of the ship, dhow or sea craft. In case of different between the transcription in the register and the annotations on the act of nationality for ships or on permits for dhows, the notes the register shall prevail.
Declaration As Operator
Operator is the person using a vessel for one or more voyage or for the purposes to which it is destined, providing it with the necessary stores and items independently whether he is not the owner of the vessel, assuming himself or entrusting to others the command of the vessel.
The operator who is not the owner of the vessel, before assuming the operator of the latter, must make a declaration as operator to the Enrollment Board. If not the declaration can also be made by the owner of the vessel.
If the declaration is made at the same time by operator and owner, the Enrolment Board can accept the declaration as operator by process verbal which must be signed by the appearance; otherwise the Enrolment Board can accept the declarations as operator only when it receives the original copy of the title providing for the use of the vessel.
The declaration as operator is noted in the register of the vessel.
Presumption of Operator
In default of the declaration as operator referred to sub. the preceding Articles, the ship owners is presumed as operator unless contrary evidence is given.
In case of vessel owners, they are presumed operations in proportion to their joint-ownership shares unless contrary evidence is given
Designation of Representatives
When the operator is not Dom ciliated or resident in the enrollment place of the ship or shows or when the operator is the master, the operator must appoint a person residing in that place to represent him before the Enrollment Board.
The operator is liable for the acts of the crew and for the obligations undertaken by the master as regarding both vessel and voyage. Nevertheless, the operator is not liable for the fulfilment by the master of the obligations connected with assistance or salvage not for the other obligations imposed by law upon the master as “leader” of the voyage.
Limitation of the ship-owner’s Dept
Save for obligations deriving form his personal fraud or grave fault and these relating to employment contacts of the crew, the ship owner is liable.
a) up to the value of the vessel or freight
1. for his share of contribution to general averages;-
2. for remuneration of assistance and salvage,
3. save for his express authorization and ratification in this connection, for obligations resulting from contracts entered into or operations carries out by the master by virtue of his legal powers, outside the fitting place, for the actual preservation of the vessel or to continue the voyage, provided these needs are not due insufficiency or defect of fitting or of stores at the beginning of the voyage
b) up to Sh. So 160 per GRT of the Vessel;-
1. for indemnities due to third parties as a result of damages caused by the master or crew on land or at sea.
2. for indemnities due on account of damages suffered by the cargo,
3. for obligations resulting from bills of lading,
4. for indemnities due on account of a nautical fault committed in performing a contract,
5. for obligations deriving from damages caused to harbor works and for the obligation to remove the rest of a sunk vessel and for related operations.
c) up to Sh. So 160 per GRT of the vessel added to the above figure sub. b)
for indemnities due to injured persons or to persons who have right to exact the indemnity for them, in case of death or personal injury to anyone on board caused by the master or the crew.
The latter sum is fixed for vessels of over 300 GRT only.
Calculation of Tonnage and freight in Connection with the Limitation of the Ship-owner’s Dept
To the effects of the previsions set forth in the preceding Article, tonnage is calculated as follows;
on the basis of not register tonnage plus to the volume of the enclosed
spaces of power plant which is deducted from gross register tonnage to
determine not register tonnage.
For other vessel,
On the basis of net register tonnage.
To the effects of the provisions set forth in sub. Article 82),a), the freight is calculated in any case at 10 percent of the value of vessel at the beginning of voyage.
Valuation of the Vessel
Ship-owners who intend to avail themselves of the limitation of liability up to the value of the vessel or freight are obliged to give evidence of such value.
The valuation of vessel is made;-
On the basis of the vessel’s conditions upon arrival of the first port, in case of collision or other accident in favor of all the creditor concerned, also by virtue of a contract and who were such price to the arrival at the first port touched after the accident as well as in favor of credits arising out of a general average caused by such accident. if, prior to arrival at the first port a new accident independent of the farmer causes as further diminution of the vessel’s value, such diminution of value is not calculated in respect of credits referring to the farmer accident. For accidents occurring during the vessel’s stay in a port, the valuation is made on the basis of the vessel’s conditions in this port after the accident.
On the basis of the vessel’s conditions at the destination port of the cargo or at he place where the voyage is interrupted, if credits relating to the cargo or else credits deriving from a bill of lading are involved independently of the cases envisaged sub. 1) above. If the cargo is bound for different destinations and the damage derives from the same cause, the valuation is made on the basis of the vessel’s conditions at the first port of the above-mentioned destinations.
In any other case contemplated sub. Article 82, the valuation is made on the basis of the vessel’s conditions at the end of the voyage.
The judicial authority of the place in which the valuation is made or the Consular Authority abroad must appoint an expert, if ship-owner or the master requests his presence, who will check the value stated by ship-owner.
Plurality of Creditors
Creditors involved in the same accident and creditors not involved in any accident and for whom the value of the vessel is determined in the same port, have all right to the sum within the limits of which the ship-owner is liable before them, taken into account also pre-emption rights which, according to their respective degree of priority, are due to credits guaranteed by privilege.
Effectiveness of Guarantee given by Ship-owner in Case of Attachment Vessel
In case of attachment, guarantee given up to the maximum limit of the ship-owner’s liability favors all the creditors to whom this limit may be applied.
In case vessel becomes subject to a new attachment proceeding, the judicial authority can revoke the latter if the ship-owner gives evidence that he has given guarantee up to the maximum limit of his liability, that this guarantee is satisfactory and that creditors can by all means avail themselves of it.
If the guarantee is given for a lesser amount or if several guarantees are subsequently requested, the disputes involved are settled by the parties, or in default to reach an agreement between the latter, be judicial authority to avoid that the limit of liability is surpassed.
Unallowed Attachment of Enforcement
Creditors involved in the limitation of liability cannot request attachment or enforcement; if the latter have already been started, they must be stopped by the judicial authority when the ship-owner has deposited the sum corresponding to the value referred to sub. Article 84, legal interests calculated as of the day of liquidation of creditors up to the day in which the deposit is made, as well as the sum corresponding to legal and liquidation costs. If the ship-owner’s liability for acts of facts entitle him to ask limitation is not yet definitely established he can, if authorized the judicial authority following the procedure fixed by the latter, replace the above sums with a concrete guarantee.
Request to Check Credits and Share of Sums Due by the Ship-owner
Within 5 days from the date in which the filling is made or from the date in which the guarantee referred to sub. the preceding Article is issued that ship-owner must submit to the competent regional court a request to have credits checked or sums due shared. The ship-owner’s request must show the names of creditors known to him.
If the shop-owner does not submit this request within the term established, it can be submitted by any creditor.
Injunction to creditors
The court must urgently forward to creditors listed in the ship-owner’s request by means of a registered letter with return receipt, an injunction to produce under pain of cancellation within 30 days, their instruments of credit and the request of inscription in the sharing list.
The same injunction must be notified by the Court to creditors unknown to the ship-owner, through publicity on the official bulletin as well as through other means which are considered appropriate.
For creditors residing abroad, the court must establish in the single cases the special procedure to notify or publicize the injunction and fix an adequate term to carry out the provisions referred to sub. The preceding paragraph.
Credit Check Note and Sharing List
The Court’s note relating to the check of credits is filled with the Chancery. This fact must be publicized also by a notice affixed in the vessel’s Enrollment Board. If within 15 days from filing claims are put forward in connection with credits, determination of the vessel’s value and freight, the Court summons that parties at a definite date.
After claims have been settled or after expiration of the term referred to sub. The preceding paragraph without any claim being put forward, the court draws up the list of sharing of the sums among the creditors concerned, taking into account pre-emption rights.
Such list is filed with the Chancery; Anyone who may be interested in it has right to read and have a copy of the same.
Approval of the Sharing List
After 5 days from the date in which the sharing list has been filed with the Chancery, the Court summons the creditors by means of a registered letter with return receipt to discuss and approve the list, inviting also the ship-owner to attend. If all the creditors present approve the list and no claim is put forward by the ship-owner, this fact is noted in the list. If one or all the creditors are not present on the day and at the time fixed, this fact will means that they have accepted the list.
If any dispute arises on the proposed list among creditors present or between a few of them and the ship-owner, the Court will summon the parties at a subsequent hearing and the sharing of sums will be suspended until a judgement is rendered on the dispute or the letter is settled.
MASTER AND CREW
Nautical Direction of the Vessel
The nautical direction of the vessel is of sole competence of the shipmaster. Even when obliged to avail himself of the pilot, he must personally direct the maneuver of the vessel entering or leaving ports as well as in any other circumstances in which sailing presents particular difficulties.
In case of death, absence or impediment of the master during sailing the direction of the vessel is taken over by the deck officer next to the master in rank.
Duties of the Master Before and During Sailing
Before sailing, the master must ascertain that the vessel is fit for the voyage well equipped and rigged, properly loaded and stowed.
If during the voyage events occur putting in danger the vessel, cargo and passengers, the master must try to ensure their safety by all means at his immediate disposal or which he can obtain either by taking refuge in a port or requesting assistance to other vessels.
If it is necessary to sacrifice or damage parts of the vessel or cargo, he must, as far as possible, proceed commencing with the vessel, passing then to the cargo, giving precedence to items of minor value and to those items for which sacrifice is more useful and preservation less necessary.
In case of abandonment of the vessel, the master must be the last to abandon it seeing to it that, as far as possible, the ships papers and books as well as items of value committed to his custody are saved.
Keeping of ship’s Documents
The mater must see to it that documents relating to the vessel, crew passengers, and cargo are regularly kept.
Representation and Legal Powers
The shi-master is appointed by the operator and represents him. He exercise the powers conferred on him by law in respect all persons interested in the vessel and cargo.
Out of the place in which the operator or his representative furnished with necessary powers are present, the master can carry out the necessary acts for the vessel and voyage, and he can likewise appoint and dismiss crew members. In the circumstances referred to sub. the preceding paragraph, the master can, in case of urgency, notify acts or start or continue judicial proceedings and voyage. Out of the above-mentioned places, third parties can likewise notify acts to the master personally or against the latter start or continue judicial proceedings regarding facts of the crew relative to the vessel and voyage or obligations undertaken by the master during the voyage. The operator can resume the summons served by the master or on him, and besides he can bring claims against judgements issued in proceedings, in contradictory with the master.
Necessity of Funds and Other Items During the Voyage.
If during the voyage, the need arises of funds for suppliers, repairs or other urgent needs of the vessel or for the continuation of the voyage, the master must immediately inform the operator. When this is not possible or if the operator duly informed has neither furnished means or given suitable instructions, the master can ask authorization in the territory to the judicial Authority or to the Consular Authority, if aboard, otherwise to the local authority, to borrow the necessary amounts or to undertake obligations towards those supplying stores, materials.
Implements or labor, or to pawn or sell stores, implements, or fitting or the vessel no necessary for safe navigation.
If, during sailing, stores and any other item necessary to the continuation of the voyage run short, the master must take care for their supply. To this end if necessary, he must request the sum to vessels which he may encounter or otherwise call at the nearest place, even if for this purpose a deviation is necessary.
In case of extreme necessity, the master can employ for the needs of the vessel goods carried on board; in case, however, the operator must reimburse their owners the value which the goods would have had at the time of arrival at the place of destination.
Management of Interests of the Owners of the Cargo
When necessary and consistent with the requirements of the common adventure, the master must protect the interests of the owners of the cargo. If, in order to avoid or reduce damages, special measures are necessary, the master must, if possible, inform the owners of the cargo, or their local representatives, if any, known to him, and abide by their instructions; in default he must act according to his opinion in the best possible manner.
Formation of the Crew
The crew is formed by the master and by all other persons employed for the service of the ship. In relation to navigation and services assigned to the ship as well as to the tonnage, type and power of the engine, the Head of the Maritime Zone, after hearing the operator, establishes the qualitative and quantitative composition of the crew.
The crew of a ship assigned to lines services touching ports of the territory must be composed of Somaliland seamen in the proportion established each time by the Minister of Commerce, Industry & Ports, after hearing the operator, at the time of the initial enrolment in Somaliland registers.
In relation the nature of the voyage and tonnage, the compositions of the crew of each dhow is established according to local customs by the Maritime Authority of the fitting place, keeping the number of crew members within a minimum level considers indispensable and maximum level which cannot be exceeded in relation to the safety of sailing and the safeguard of human life at Sea.
Crew of sea craft must be adequate for ordinary maneuvers according to the use to which the craft is destined.
Type of Employment Contracts
The employment contracts can be stipulated.
a) for a single or more voyages,
b) for a definite period of time,
c) for an indefinite period of time,
Wages due to seaman can be established on the basis of:-
a) a fixed sum for the entire voyage,
b) a fixed sum per month or other period of time,
c) a share of voyage profits,
To the effects of the employment contract, a voyage is intended as a crossing between the loading port and the latest port of destination including intermediate ports, besides the possible crossing in palest to reach the loading port.
By voyage profits it is means net freight and other profits resulting from the voyage.
The contract for a definite period of time and that for several voyages cannot be stipulated for a duration exceeding one year; if stipulated for a longer duration they are considered as contracts for an indefinite period of time.
If, by virtue of several contracts per voyage or contracts at definite time or else several contracts of both types, the seaman uninterruptedly works with the same ship-owner for a time exceeding one year, the employment contract is considers to be at indefinite time.
Form of the Contacts
The employment contract between master and owner or between master or owner and the crew must be drawn up in writing, in presence of the Maritime Authority if in the territory or in presence of the Consular Authority if aboard, who must then record it on the crew roll.
The employment contract must be signed by the master or by owner and by the employed person; if the later cannot or does not known how to sign, two witnesses extraneous to the crew must sign the contract for them.
Employment of minor must be made by those who exercise the paternal authority or tutelage either by their personal intervention at the moment of employment, or by an authenticated statement of consent to be left with he above authorities.
Persons under eighteen years of age cannot be employed for engine services nor can they be assigned to those to these services
Before the signing of the contract, the latter must be read before and explained to the person concerned; fulfilment of this formality must appear in the contract itself.
The employment contract for dhows and sea crafts can be made verbally according to the customs.
Keeping of the Contract
Original copies of employment contracts are kept by the Maritime or Consular Authorities; authenticated copies of the above contracts are kept with the ship’s documents.
If employment is made abroad in a place where no consular authorities exist, the contract must be stipulated in writing in presence of two witnesses who sign the same. The contract is kept among the ship’s documents.
Contents of the Contract
The employment contract must indicate:-
a) the vessel on which the seaman must work,
b) personal data on the seaman, domicile, roll number, and his professional
titles, if any,
c) qualification and duties on board.
d) voyage or voyages to be effected and the day in which the seaman must
assume service, if employment is per voyage; commencement and
duration of the contract. If employment is at definite time; commencement
of the contract, if employment is at indefinite time.
e) and place amount of wages,
f) place and data of stipulation of the contract,
the contract is governed by the rules concerning the contract at indefinite time if the same does not evidence stipulation per voyage or at definite time.
Duties of Persons Employed
Crew members are not obliged to render a service different from that for which they have been employed. Nevertheless, the master in the interest of navigation, has the option of temporarily assigning crew members to a service different from the one for which they have been employed, provided that it is adequate to their professional title and rank on board.
In case of need for the security or the voyage, seaman can be assigned to any service whatsoever. Crew members carrying out duties different from those for which they have been employed are entitled to major wages due for these duties.
The master and crew members cannot load on the vessel goods for their own account without the authorization of the ship-owner or his representatives.
The employed persons failing to comply with the provisions as per the preceding paragraph is obliged to pay twice the freight current in the place and on the data of the loading for the same voyage and for goods of the same kind of that unduly loaded without prejudice of the compensation of damages.
Treatment of ill or injured Seaman
Excluding the cases in which special laws make it compulsory for the ship-owner to effect insurance against crew’s accidents and diseases, when the person employed falls ill or is injured while n service, he has right to death assistance at the ship-owner’s expenses for the time necessary to recover but, in any case, for a period not exceeding four months from the date of landing.
Death of Seamen
In case of death of seamen during the voyage :-
a) If he had been employed on a fixed wage for the entire voyage, half the wage is paid to his heirs if he dies during the outward voyage or in the port of arrival, and the wage is paid to his heirs in its entirely if he dies during the inward voyage.
b) If he had been employed on a monthly wage or other period of time, the wage is due until the day of his death.
c) If he had been employed on a profit-sharing basis, the entire wage is due if he dies after commencing the voyage.
Expiration of the Contract
The employment contract stipulated for a single or several voyages expires with
The completion of the voyage or of the last of the voyage foreseen in the contract.
The contract for a definite period of time automatically expires at the expiry of the fixed in the contract.
However, if the date expires during the voyage, the contract is prorogued as far as the port of latest destination.
The above-mentioned contracts and the contracts of employment for an indefinite period of time can be terminated at any time for the will of the ship-owner or of the seaman, provided due notice is given within the terms established in the contract or in case of lack of the latter, according to the customs.
However, the person employed for an indefinite period of time can avail himself of this power only in a port of latest destination.
Termination of the Contract
Any employment contract is terminated upon :-
1. total loss or absolute unseaworthiness of the vessel or for a period exceeding 60 days caused by shipwreck.
2. loss of the vessel’s nationality.
3. Court-ordered sales of the vessel.
4. when the seaman, for illness or injures, must be landed and cannot retake his place at the departure of the vessel from a port of call.
5. interdictions of trade with the port of destination or stop of the vessel or any other cause not chargeable to the owner, which makes it impossible to commence or continue the voyage.
6. unfitting of the ship for lack of traffic for a period of not less than 20 days or seasonal unfitting of the dhow or sea craft or else unfitting for repairs not to exceed 30 days.
7. cancellation from the roll.
8. revocation on the part of the personal exercising paternal authority or protection of the consent to the enrolment in the rolls of the minor under eighteen years of age.
9. failure of the seaman, in the cases not foreseen in the preceding paragraph, to assume service on board within the time fixed prior to the departure of the vessel.
10.order of the maritime or Consular Authority, upon request of the seaman, to disembark immediately from the vessel, if the master has committed an abuse of power against him or has tolerated that said abuses were committed by other persons, or else he does not furnish him, without justified motive, victuals or health assistance in the due measure.
Wages due to the Seaman in Case of Contract Expiration or Termination
In the event of expiration or termination of the contract as contemplated sub. Articles 106 and 107 :-
1. if the wage is fixed on a per-voyage basis, the seaman has right to the
part of the amount agreed upon, proportioned to the duration of the service effected in relation to the maximum duration of the voyage which was foreseen at the time of the stipulation of the contract’s stipulation.
2. if the wage is fixed per month on the basis of any other period, it is due to the seaman until the day in which he has performed his services.
3. if the wage is fixed on a profit-sharing basis, the seaman has right to the part of the quota proportioned to the duration of the service effected in relation to the maximum duration of the voyage which was foreseen at the time of stipulation of the contract; in the case of termination as contemplated sub 10) of Article 107, the seaman has right to the entire quota.
Repatriation of the Seaman
If expiration of termination of the employment contract occurs a port than that of employment, the seaman has right to the expenses for returning to the port of employment. Unless the ship-owner does provide within the terms established by customs, the seaman is suitably and adequately embarked on another vessel bound for the same port.
In the case of sub. Nos. 7 and 9 of Article 107 and in any other case of contract termination caused by the seaman as well as in case of termination of the contract per voyage or for a define period of time by will of the seaman, the ship-owner has right to reimbursement, by the seaman, of expenses borne to repatriate him.
Change of the Ship-Owner
Save for the case envisaged sub. Nr. 2 of Article 107 in the case event of change of the ship-owner, the new ship-owner succeeds the preceding one in all rights and obligations arising out of employment contracts of crew members; the later however, can request contract termination upon the arrival of the vessel in a port of the territory or in a port of latest destination.
BOOK III: OBLIGATIONS RELATING TO THE OPERATION OF VESSELS
HIRE OF THE VESSEL
A contract for hire of a vessel is the one whereby the owner of a vessel commits himself to leave to the other party the possession of the vessel for a certain period of time against a given rent. The hire contract must be proved in writing. The written proof, however, is not required for vessels not exceeding 50 GRT.
The hirer becomes operator of the vessel,. The hirer is obliged to employ the vessel according to its technical characteristics and in conformity with the employment agreed upon.
The hirer can neither sub-hire the vessel nor turnover the rights deriving from the contract unless authorized by the owner. The form of sub-hire and transfer contracts is regulated by the provisions of the preceding Article.
Obligations of the Owner
The lessor is bound to deliver the vessel in good seaworthiness conditions, provided with the documents necessary for sailing as well as any repair caused by wear for normal use of the vessel in accordance with the employment agreed upon.
The lessor is responsible for damages deriving form faults of seaworthiness unless he proves that the same derives from a latent fault not ascertainable with the normal diligence.
Expiration of the Contract
Unless the owner’s express consent is obtained, the contract is not considered as renewed even if the vessel, on finding itself in voyage, cannot be delivered the expiry of the contract.
In case, the expiration of the contract is prorogued until the end of the voyage.
Rights deriving from the hire contract are time-barred within one year from the expiry of the contract or in the case provided for in the preceding Article, from the data of the redelivery of the vessel. In case of presumed loss, the term begins from the data of cancellation of the vessel from the register.
Contract of Affreightment
The contract of affreightment is the one whereby the owner, return for the freight agreed upon, undertakes the obligation to perform by means of a specific vessel one or more pre-established voyages, or such voyages as the chartered may order within the period of time agreed upon, on the terms fixed by the contract or by customs.
The charterer does not become the operator of the vessel. The contract of affreightment must be proved in writing. The writing proof, however, is not required for vessels not exceeding 50GRT.
The ship-owner is obliged, prior to sailing, to put the vessel in good seaworthiness conditions for the completion of the voyage, to equip it and to provide the necessary document.
The ship-owner is liable for damages deriving from faults of seaworthiness, unless he proved that they derive from a latent fault nor ascertainable with due diligence.
Unless otherwise agreed upon in the time-charter, the charterer over above expenses relating to the cargo must also bear expenses relative to the commercial employment of the vessel such as stowage, agency, health and similar duties as well as, if the vessel is of the mechanically-propelled-type, fuel, water, and lubricants necessary to the operation of the power plant and auxiliary plants on board.
Execution and Duration of Voyage in the Time-charter
In the time-charter, the owner is not obliged to commence a voyage which places the vessel or the persons in a danger which was not possible to foresee at the time of the stipulation of the contract. Likewise, he is not obliged to commence a voyage, the probable duration of which surpasses the expiry of the contract in connection with the duration of the same.
If, in consequence of facts due to the charterer, the duration of the latest voyage exceeds the expiry of the contract, the owner has no right to liquidation of damages but he is entitled to a freight in double-measure of that agreed upon in the contract for the period of time exceeding the duration of the contract.
Payment of the Time-freight
The freight must be paid in advance by monthly instalments except for contrary agreement or customs. However, the freight prepaid is not earned in any case unless otherwise agreed upon.
Sub-charter and Turnover of the Contract
Sub-charter or total or partial turnover of the rights delivering from the contract of affreightment is permitted. The charterer, however, remains liable towards the ship-owner for the obligations by him taken over with the contract of affreightment.
The rights deriving from the charter-party become time-bared within one year. In case of time-charter, the period of one year commences from the expiry of the contract or from the end of the latest voyage if the latter is prolonged according to the last paragraph of Article 119; in case of voyage-charter, from the end of the voyage. When the voyage has not been commenced or completed, the period commences from the day in which the event took place, which rendered impossible the performance of the contract or the continuation of the voyage. In case of presumed loss of the vessel, the limitation of time begins from the data of cancellation of the vessel from the register.
CARRIAGE OF PERSONS
By the contract of carriage of persons, the carrier commits himself, in return of a fare, to transfer persons from a port to another. If performed by means of ships, the carriage contract must be evidenced by a ticket issued by the carrier indicating the placer and date of issue, the place and date of departure as well as the place of destination and the fare; if dhows are involved, the contract can be made verbally. Unless otherwise agreed upon, the fare is paid in advance.
The fare is inclusive of the transport of the passenger’s luggage within the limits of quality, weight, and volume established by the carrier or according to the customs. Embarkation and landing of the passenger and luggage are chargeable to the passenger himself, if not included in the fare.
Transfer of the Right to Carriage and Contract Termination
The right to carriage cannot be transferred (a) without the express consent of the carrier, (b) if the ticket bears the passenger’s name, or (c) if the latter does not appear on the ticket and the passenger has already commenced the voyage.
If, prior to sailing, the passenger dies or else an impediment arises for causes not imputable to him, which prevents him from commencing the voyage, the contract is terminated and one forth of the fare is due, free of victuals if these were included in the fare. If the impediment concerns one of the relatives or persons belonging to the family who were to voyage together, each passenger can request contract termination under the same conditions.
In the cases contemplated in the preceding paragraphs, the passenger must inform the carrier of the impediment before sailing; in default, the entire net fare is due.
The passenger who does not present himself on board within the time fixed must pay the fare excluding victuals.
The fare, however, is not due if the right to carriage is transferred with the carrier’s consent to others upon the passenger’s request; in this case, however, a commission is due to the carrier on the fare, not excluding 10%. If sailing is delayed, the passenger has right to lodging and victuals, if the latter are included in the fare, for the duration of delay.
If the carrier cancels the departures of the vessel and the voyage cannot be made with another vessel belonging to the carrier, schedule to sail at a later date, the contract is terminated and the carrier must return the net fare paid by the passenger.
If the voyage is interrupted for causes of force majeurs, the fare is due in proportion to the distance already covered. The carrier, however, has right to the entire fare if, in reasonable time, he makes possible at his expenses for the passenger to continue the voyage on a vessel of similar characteristics, furnishing him in the meantime lodging and victuals if the latter were included in fare,
If the passenger is compelled to interrupt the voyage for causes not imputable to him, the fare is due in proportion to the distance already covered. If the voyage is interrupted by the passenger, he must also pay the net for the remainder of the voyage. The carrier is liable for damages to the passenger caused by delay or unfulfillment of carriage, unless he proves that the event is due to a cause not imputable to him.
The provisions set forth in the present Article can be derogated, also by means of a written agreement in relation to the customs for carriage effected by means of vessel not exceeding 150 GRT.
The carrier is liable for accidents hurting the passenger deriving from facts which occurred from the beginning of embarkation up to completion of landing, unless he proves that the event is derived from causes not imputable to him.
The carrier is also liable within the maximum limit of Sl.Sh. 120 per kilogram for the loss or damage of baggage which were delivered to him closed, unless he proves that the loss or damage are derived from causes imputable to him.
The loss or damage must be ascertained at the time of delivery; in default, all rights to claim are lost. The carrier is not liable for the loss or damages to hand baggage and items not delivered to him, unless the passenger proves that the same have been determined by causes imputable to the carrier.
Rights deriving from the carriage contract of persons are time-barred within 6 months from the passenger’s arrival at destination, or in case of non-arrival, from the day in which the passenger should have arrived.
CARRIAGE OF GOODS
Contracts for the Carriage of Goods
By the contract for the carriage of goods, the carrier commits himself, in return of a given price, to transfer goods from one port to another. Any contract to be performed by means of vessels of over 150 GRT must be evidenced in writing, in accordance to the provisions of Article 132, last paragraph.
Loading of Goods
Prior to the commencement of the voyage, the carrier must use due diligence in order that the vessel be prepared in good seaworthiness conditions suitably rigged and equipped. He must also take care that the holds and any other part of the vessel destined to loading are in good condition for the reception, preservation and carriage of goods. In default of any contrary agreement, the carrier receives or delivers in goods alongside under the vessel’s tackle.
At the time of loading of goods and in any case before the vessel’s sailing, the shipper must deliver to the carrier the bills of entry. The shipper is liable to the carrier for damages caused to him by non-delivery. The carrier is not obliged to check whether the documents are complete and their indications correct.
On the goods delivered to the carrier or on their packing, the shipper must place identification stamps in a manner that they are visible still at the end of the voyage. The shipper is liable to the carrier for damages caused to him imperfect affixture of stamps.
The carrier is liable for the loss or damages as well as for the damaged caused by delay, unless he proves that the cause of loss, damages or delay was not due his fault wholly or partly or to the fault of his staff.
The consignee, instead, must prove that the cause of loss, damages or delay was caused by:-
a) latent vice or unseaworthness of the vessel not deriving from unfulfilment
of obligation provided for in the preceding Article, first paragraph.
b) accident or perils of the sea,
c) fire not caused by the carrier’s fault,
e) facts or war, civil riots and revolutions,
f) orders of authorities having right to do so or otherwise even for health
g) Court-ordered attachment,
h) strike, lockout, general or partial impediment to work,
i) acts or attempts of assistance or salvage or deviation of the voyage for this
j) wrong stowage,
k) vice of the goods, wastage in volume or in weight, insufficiency of packing, insufficiency
l) acts or omissions in general of the shipper or his staff,
In the case of non-liability envisaged in the two preceding paragraphs, the advanced freight is not returned.
Indemnization due by the carrier cannot exceed, however, the real and intrinsic value of the goods and in any case, it is limited to a maximum of 2,000 for each unit of the cargo, unless the shipper declared, before loading, the nature and value of the goods and this statement have been included in the bill of lading.
Derogability of the Provisions Governing Liability
The provisions set forth in the preceding Article can be always derogated in the favor of the shipper. They can be derogated also in favor carrier as regarding that period of time prior to loading and that subsequent to the unloading; and also for the period between the loading and unloading for the transport of goods loaded on deck or on deckles vessels and for the transport of live animals.
Derogation can also be applied to transport along the coasts of the territory as well as regards damages arising out of delays. Before third parties, the efficacy of the derogating clauses, save for transports carried out by means of deckles dhows, is subordinated to their inclusion in the bill of lading.
The above provisions can be derogated also out of the limits envisaged in the preceding paragraph when a bill of lading is not issued.
Loading and Unloading Time
Unless governed by the contract, loading and unloading time is established in accordance with local customs or in default, by the local Maritime Authority, which determines it without any formality in relation to the meteorological conditions, the available means, the vessel’s structure and the nature of goods.
Impediment to Sail and Continue the Voyage
If the sailing of the vessel is prevented due to force majeure, the contract is terminated; if the termination occurs after the loading , the shipper must pay unloading expenses.
If the sailing of the vessel or the continuation of the voyage are temporarily prevented for causes of force majeure, the contract remains in force and the shipper has no right to request freight reduction.
If the impediment to sail is excessive or become definitive before the vessel’s sailing, the first paragraph of the present Article shall apply; if the impediment becomes definitive during the voyage, the shipper must pay unloading expenses and freight in proportion to the distance already covered, provided the master has made everything in his power to transfer the goods to the destination place by means of a written agreement in relation to the uses to be expressly indicated if transport by means of dhows is involved.
Shipper’s Withdrawal and Incomplete Loading
Before the sailing of the vessel, the shipper can withdraw from the contract paying half the freight agreed upon as well as loading and unloading expenses.
Nevertheless, the shipper can free himself, wholly and partially, of such obligation by proving that the carrier has suffered no damage or a minor damage.
If the shipper delivers a lesser quantity than that agreed upon, he must pay the entire freight unless otherwise agreed upon.
During the voyage, the shipper can withdraw the goods loaded, paying the entire freight and reimbursing the carrier any possible special expense connected with unloading operations.
Impediment upon Arrival and Delay in Withdrawing the Cargo
If the call is prevented or excessively delayed due to force majeure, the master, i9f he has not received or the orders received can nor be carried out, must provide in the best possible way in the interest of the vessel and cargo, calling at another nearby port or returning to the port of departure.
When the consignee delays to withdraw the cargo or when a dispute arises as to the carrying of the delivery, the master can request authorization to the judicial Authority to unload and deposit in a place established by the latter the goods on board, or in case of failure of the consignee to pay the freight due, to deposit as much of the goods as it is necessary to cover the freight by subsequent sale.
Loss or Damages to the Goods
Loss and averages suffered during the carriage by the goods carried must be notified by the receiver, in contradictory to the master or the carrier’s representative, at the time of their redelivery if loss or averages are apparent, or within three days from the delivery if the same are not apparent.
In default of the ascertainment in contradictory, the goods are presumed re-delivery by the carrier in accordance with the indication contained in the transport document or with what was agreed upon in connection with the transport.
Rights deriving from the carriage contract of the goods are time-barred within one year from the re-delivery of the goods, or in case of total loss, from the day in which the goods should have arrived at destination.
BILL OF LADING
Issue and Indications of the Bill of Lading
Except for transports to be carried out by means of dhows or a ship not exceeding 150 GRT, the carrier, after goods have been loaded on the vessel, must issue the shipper a bill of lading. The bill of Lading dated and signed by the carrier or his representative or the master must indicate:-
1. the vessel,
2. the carrier’s name and domicile,
3. the shipper’s name and domicile,
4. place and date of loading of the goods,
5. destination place of the goods, and when the bill of lading is nominative, the name or domicile of the consignee,
6. the nature, quantity and quality of the goods to be carried as well as of the number of packages and their stamps,
7. the apparent condition of the goods and packages.
The carrier or his representative or the master issuing the bill of lading has the option to include his remarks in the same, when he cannot carry out, wholly or partially, a normal verification of the indications furnished by the shipper on the nature, quality and quantity of the goods as well as on the number of packages and stamps.
In default or remarks, the above date are presumed to be in conformity with the indications of the bill of lading unless otherwise proved.
Originals of the Bill of Lading and Transfer of the Bill of Lading Delivered
to the Shipper
the bill of lading is issued in two originals. The original kept b the carrier is signed by the shipper or by his representatives is not negotiable and contains the indication of non-negotiability.
The original issued to the shipper is signed by the carrier or his representative or the master, ad confers on the holder, entitled in accordance with Article140, the right to the delivery of the goods thereby specified, the possession to the same and right to make use of them by disposal of the title. The original of the bill of lading can be the bearer order on nominative.
The transfer of this original is effected by the delivery of the title, if the bearer; by endorsing the title and signing of the endorser, if holder; by transfer made by noting on the title the name of the acquirer to be made by the person who has issued the bill of lading or by endorsement authenticated by a notary, if nominative.
Duplicates of the Bill of Lading and Delivery Orders
Duplicates of the original bill of lading issued to the shipper can be issued on request of the person having right to dispose of the title; duplicates, however, do not attribute the rights indicated sub. Article 138, third paragraph.
Duplicates are not negotiable, must contain express mention of non-negotiability and bear each the number of issue. The carrier or his representative, when this has been agreed upon in the carriage contract, is obliged to issue on demand of the person having right to dispose of the goods by disposal of the title, delivery orders on the master or on the representative relative to signal lost of the goods covered by the bill of lading.
In case, the carrier or his representative is obliged at the time of issue of the delivery orders to take note of the same on the negotiable original of the bill of lading, with the indication of the nature, quality and quantity of the goods specified in each delivery order and with his own signature and that of the applicant,. They are also obliged to withdraw the negotiable original of the bill of lading when the entire cargo covered by the bill of lading is divided among various delivery orders.
Delivery orders issued in accordance with the preceding paragraph attribute the rights indicated in the third paragraph of Article 138; they can be the bearer, to the or nominative. The provisions on the issue and negotiation of bill of lading are applicable to above-mentioned delivery orders.
Legitimacy of the Holder of the Representative Titles of the Goods
The holder of the negotiable of the bill of lading or of the delivery order is entitled to the exercise of the rights mentioned in the title, upon presentation of the same or of an uninterrupted succession of endorsements or in consequence of the heading in his favor, if the title respectively to the bearer, to the order or nominative.
CONTRIBUTION TO GENERAL AVERAGE
Expenses and damages directly causes by measures, reasonably taken according to Article 93 by the master for the safety of the vessel, persons , and cargo, are general averages, whenever the damage voluntarily caused is not the same which would necessarily occur according to the natural course of events.
Unless otherwise agreed upon, in the transports carried out by means of dhows or ships not exceeding 150 GRT, damages to the goods are shared only among shippers according to the customs; any other expenses is chargeable to the owner.
In default of special agreements between the parties for transports to be carried out by means of vessels exceeding 150 GRT, both the shipper and the owner contribute the general averages, pursuant to the York-Antwerp Regulations 1950.
Unless otherwise agreed upon, the description, estimate and sharing of the general averages are made on an amicable basis at the unloading place or the vessel by means of one or more ”averages liquidators” jointly appointed by the parties, or in default, by the judicial authority, or if the unloading place is abroad, by the Consular Authority, or in default, by local authorities.
The damage sharing proposed by liquidators appointed by the above authorities must be submitted to the latter for consideration.
Action for contribution to general averages is time-barred within one year from the date of the unloading of the goods.
RESPONSIBILITY FOR COLLISION OF VESSEL
Collision: Accidental for Doubtful Causes or Common Fault
If the collision took place due to an accidental case or force majeure or if it is not possible to ascertain the cause of the same, the damages remain at charge of those who suffered the same.
If the collision occurred for fault of one of the vessels, indemnification of damages is at charge of the vessel in fault.
If the fault is common to several vessels, each of them is liable in proportion to the gravity of its own fault and to the extent of the relative consequences. Nevertheless, the refund is due in equal parts in the even that it is not possible to determine the proportion due to particular circumstances.
The vessel in fault are jointly liable for damages deriving from death or injuries of persons.
Obligation of Assistance in Case of Collision
After a collision between vessels, the master of each is obliged to assist the other vessel, its crew and passengers, provided he can do so without serious danger to his vessel or the persons on board. Likewise, the master is obliged as far as possible to give to the other vessels the necessary information on the identification of his own vessel.
Save for the obligation of the vessels in fault to indemnity the damages arising out of death or injuries of persons contemplated in sub. Article 145 last
Paragraph, the provisions regulating the liability for damages from collision do not apply to the relations of liability between persons bound by labor or carriage contracts or by any other contract.
The right to obtain the indemnification of damages caused by collision of vessel is time-barred within two years from the day in which the damage occurred. The right to recourse for vessels which paid the whole indemnification pursuant to Article 145 last paragraph is time-barred within one year from the day of payment.
Damages Deriving from Actual Collision
The preceding provisions are applicable to the damages caused from displacement of water or other similar cause from one vessel to another or to the persons or things on board of the latter, even if no actual collision occurred.
ASSISTANCE AND SALVAGE
Obligation of Assistance and Salvage
Assistance to a vessel in danger of being lost is compulsory, as far as possible, without serious risk to the assisting vessel, its crew and passengers besides the case contemplated sub. Article 146, when persons are in danger on board the vessel. The master of a vessel during the voyage or ready to sail, who has knowledge of a vessel being in danger, is bound under the above circumstances when he can reasonably foresee a useful result, unless he is aware that the assistance is given by other vessels in conditions more suitable or similar to those in which he could give it.
When the vessel in danger is completely unable to maneuver, the master of the assisting vessel is bound, under the circumstances and within the limits above, to attempt the salvage of the vessel or if not possible, to attempt the rescue of persons on board. It is likewise compulsory within the same limits to attempt to save persons who find themselves in the sea and in danger of life.
Indemnity and Reward
The assistance and salvage of a vessel which is not effected against the express and reasonable refusal of the master, give right within the limits of the value of the properties assisted or salvaged to the indemnification of the damages suffered and to reimbursement of expenses borne as well as to reward, if the same have given an also partially favourable result.
The reward is fixed in proportion to the success obtained, risk run, efforts made and time employed as well as in proportion to the danger in which the properties assisted or salvaged were and to the value of the same.
No reward is due by persons saved. In cases of assistance and salvage involving at the same time more vessels to be assisted or more assisting vessels, a fair sharing of damages, expenses and rewards envisaged Sub. above paragraph is effected within the limits referred to in the preceding paragraphs.
Sharing of the reward
When the vessel is not rigged and equipped for the purpose of giving assistance, the reward for assistance of salvage is due to the ship-owner by one third and to the crew by two thirds among whom the amount is shared in proportion to the wage of each member, taking into account also the efforts made by each member.
Charge of Expenses for Indemnity and Reward
In case of assistance or salvage of a vessel, the expenses for indemnity and reward due to the assisting vessel are sharing among the parties concerned in the vessel assisted, in accordance with the provisions of the contribution to general averages, also when the assistance was not requested by the master of the vessel in danger or was given against his refusal.
Any claim for indemnities and reward of assistance or salvage is time-barred within one year from the day in which operations were completed.
Salvage and finding of sea-wrecks
Salvage and Salvager’s Obligation
Without prejudice to the right to the owner to provide directly in the concurrence of several persons who intend to undertake the salvage of a wrecked vessel or other flotsam, preference is given to the person who, after locating the flotsam, has first denounced it to the Maritime Authority provided that within one year from location, he began salvage operations without subsequently stopping the same for a period exceeding one year.
After commencing salvage, operations cannot be stopped or abandoned without justified motive when a damage can derive to the owner of the wreck.
Within ten days from the arrival of the vessel which has effected the salvage or within ten days from the completion of operations in case the salvage was made without using nautical means, the salvaged property must be delivered to the owner or if the latter is unknown to the salvager, to the nearest Maritime Authority.
Indemnity and Reward
When obligations are carried out in connection with the delivery of the property salvaged, the salvage gives right within the limits of the value or the property salvaged to indemnification of damages and reimbursement of expenses.
The salvager is also entitled to a reward established in proportion to the value of the property salvaged, efforts made and risks run, to the value of means and materials employed and if the vessel is rigged and equipped for the purpose of effecting salvages, to the general expenses borne by the enterprise.
As for the sharing of the reward, the provisions of Article 152 shall apply in case the salvage was effected by nautical means the reward is shared
Among the persons who cooperated in the salvage in relation to the efforts made and risks run by each.
Salvage Effected by the Ship-master
Remaining firm the provisions of Article 155, first paragraph, in any case, the master is preferred who immediately after the wreck declares his will to become chief salvager.
In default of agreement with the ship-owner, the reward to the master and to the other crew members who cooperated in the salvage is fixed by the Maritime or Consular Authority in proportion to the value of the property salvaged, efforts made and risks run.
Finding of Sea-wrecks
Anyone, who fortuitously finds wrecks on the sea or by the sea thrown in a place belonging to the maritime demesne, must denounce the same to the nearest Maritime Authority within ten days from the finding or within three days from the arrival of the vessel if the discovery occurred during sailing.
The discoverer must also, whenever possible, deliver the property found to the owner or if the latter is unknown to him and the value of the wreck exceeds 5 Sl. Sh, to the above-mentioned Maritime Authority. The discoverer who fulfils the obligations of denunciation and delivery is entitled to the reimbursement of expenses and to a price equal to the third part of the value of the property found if the discovery occurred at sea or to the tenth part up to 800 Sl. Sh., and to the twentieth part of the amount in excess if the finding occurred in an area of the maritime demesne.
Cetaceans stranded on the coastline of the territory belong to the administration. He discoverer who has denounced if to the Maritime Authority within tree days from the discovery has right to a price equal to the twentieth part of the value of the cetaceans.
Custody and Delivery of the Property Salvaged
The Maritime Authority which, pursuant to Article 155 and 158, receives from the salvager or the discoverer any property which cannot be delivered to the owner because he is unknown, publishes a notice inviting the persons concerned to put forward their claims within one year, in order to obtain the delivery of the property. The head of the Maritime Zone, depending on cases, can also order that the above notice be published in the official bulletin. After one year has elapsed without the persons concerned having put forward their claims or else if claims have been rejected with an irrevocable judgement, the property is delivered to the salvager or to the discoverer.
Any item of artistic, historic, archaeological or ethnographic interest as well as arms are delivered to the administration, save for in any case the right of the discoverer to indemnities and rewards provided for by the preceding Articles.
The right to indemnities, rewards and prizes is time-barred within two years from the day in which salvage operations were completed or from the day of finding.
Privileges established in the present Chapter are preferred to any other General or special privilege. In case deterioration or diminution of the property on which a privilege exists, this is exercised on that which remains or is saved or salvaged .
The creditor having privilege over one or several properties, in the event that he finds himself losing due to the fact another creditor whose privilege of superior rank is extended to other properties of the same depot, has been wholly or partially satisfied on the price, can subrogate himself in the privilege belonging to other the creditor, satisfied, with preference to creditors having privilege of inferior rank.
The same right belongs to creditors losing in consequence of said subrogation. The transfer of the preferred credit produces also the transfer of the privilege.
Privilege on Vessel and Freight
The foll0owing credits have privilege on vessel, property referred to in sub Article 73, second paragraph, and freight of the voyage during which the credit has arisen:-
1. legal expenses due to the administration or made in the common interest of the creditors for attachment or enforcement proceedings on the vessel maritime duties, expenses for the custody and conservation of the vessel after arriving at the latest port.
2. Credits deriving from the employment contract of the master and of other crew members.
3. Credits for the amounts advanced by the Maritime Administration or by the Consular Authority to repatriate crew members; credits for compulsory contributions due for the social assistance of sea-faring people.
4. Indemnities and reward for assistance and salvage, and the amounts due for contribution of the vessel to general averages.
5. Indemnities for collision or for other accidents occurred during sailing and those for damages to harbor facilities and installations; indemnities for death or injuries to passengers and crew and those for losses and damages cargo and luggage.
6. Credits deriving from contracts stipulated and from operations carried out by the master by virtue of his legal powers, even if he is the operator of the vessel for conservation of the latter or for the continuance of the voyage.
The privilege on freight established in favor of the crew is extended to all the freights due for the voyage carried out in the course of the same contract of employment. If the vessel is lost or damaged or the freight is partially or entirely lost, the following amounts and indemnities are bound to the payment of the credits indicated above :-
a) Indemnities for material damages suffered by the vessel and not repaired or for loss of freight,
b) Amounts due for contribution to the general averages suffered by the vessel to such an extent that the same constitute material damages not repaired or loss or freight,
c) Indemnities and rewards for assistance given up to the completion of the voyage, after deduction of the amounts attributed to the persons on duty on the vessel.
Plurality of Privileges Relative to Vessel and Freight and their Order of Priority
Preferred credits of the latest voyage have privilege on those of the preceding voyage. Nevertheless, credits deriving from a single contract of employment including several voyages concur in the same rank with the credits of the latest voyage.
Credits relative to the same voyage are preferred in the order in which they are listed in the preceding Article concur together in proportion to their amount in the event of insufficiency of price.
Nevertheless, in the case indicated in the preceding paragraph, indemnities for damages to the persons foreseen in sub. Nr. 5 of said Article have preference on the indemnities for damages to the properties foreseen in the same number.
Credits indicated in Nr. 4 and 6 in each of the respective categories have preference in the inverse order of the dates in which the same have arisen. Credits depending upon the same event are considered as arisen at the same time.
Exercise of the Privilege on Vessel and Freight
Preferred credits are applicable to vessels also when a third party becomes the owner of the same. The privilege on freight can be exercised so far as the freight is due or the amount is in possession of the master or representative.
Extinction of Privileges on the Vessel and freight
Privileges become extinct not only for the extinction of the credit but also upon the expiry of one year except those regarding credits indicated in sub. Article 163, Nr. 6 which become extinct at the expiry of the period of 180 days.
The period runs, for privileges on credits for assistance or salvage, from the day in which operations are completed; for privileges or indemnities due following to collision or other accidents as well as on those for personal injuries, from the day in which the damage was caused; for the privileges relative to loss or averages to cargo or baggage, from the day of the re-delivery or from that in which the re-delivery should have been effected; for privilege of credits arising out of contracts stipulated or from operations carried out by the master for the conservation of the vessel or for the continuance of the voyage, from the day in which the credit has arisen; for privileges arising out of employment contracts, from the day in which the crew member was repatriated to the place of employment. In all other cases the period runs from the day in which the credit falls due.
The power to request advances or partial payments has not effect to have the credits under Nr. 2 of Article 163 considered as collectible. The aforesaid periods are suspended until the vessel burdened with privileges could not be seized or distrained in the territorial waters of Somaliland; such suspension, however, cannot exceed three years from the date in which the credit has arisen. Privileges on the vessel become also extinct :-
a) upon decree by which, in the case of court-ordered sale of the vessel, the latter is transferred to the acquirer.
b) with lapse of 60 days in case of voluntary sale. This period runs from the date of registration of the instrument of sale if the vessel is lying at the moment of registration in the registration place, and from the date of its return to said place if the registration of the sale takes place after the departure of the vessel.
Vessel Managed by Operator not Owner
The provisions of the preceding Articles apply also in case the vessel is managed by an operator owner, except for the case that the latter has acquired the availability following an illicit act and the creditor is aware of the same.
Privileges on the Properties Loaded
The following credits are privileged on the properties loaded:-
1. Legal expenses due to the administration or made in the common interest of creditors for attachment or enforcement proceedings on the properties,
2. Customs duties due on the properties in the place of unloading,
3. Indemnities and rewards for assistance and salvage and the sums due for contribution to the general averages,
4. Credits arising out of carriage contracts including expenses and the rent of warehouses in which the properties are stored.
5. Amounts of capital and interest due for obligations undertaken by the master on cargo in the cases envisaged in sub. Article 96.
The credits indicated in the above numbers are preferred to those guaranteed by pawn on the properties loaded.
If the properties loaded are lost or damaged, the amounts due for indemnities of the loss or averages including those due by the insures are bound to the payment of the preferred credits indicated above, unless the same amounts are used to repair the loss or average.
Order of Priority and Extinction of Privileges on the Properties Loaded.
Preferred credits on the properties loaded have preference in the order in which the same are listed in the preceding Article. Credits indicated in sub. Nr 3 and 5, in each of the respective categories, have preference in the inverse order of the dates in which the same have arisen. Credits indicated in the other numbers, n each of the respective categories, have preference in the inverse order of the dates only when same have arisen in different pores.
Privileges on the properties loaded become exiting if the creditor does not intimate opposition to the master or does not start action within fifteen days from the unloading and before the legal transfer of the properties loaded to third parties.
Concession, From and Publicity
Mortgage on the vessel can be granted only if voluntary. Unless otherwise agreed upon, the mortgage does not extend to freights.
The concession of a mortgage of a mortgage must be made under of nullity by public deed or private instrument containing the specific indication of the data to identify the vessel. The mortgage has no effect toward third parties if not made public in accordance to Articles 76 and 77.
Subrogation of the Indemnity to the Vessel
If the vessel is lost or damaged, the following indemnities and sums are bound to the payment or mortgage credits, unless the same are employed in repairs of averages suffered by the vessel:-
a) indemnities due to the owners for damages suffered by the vessel.
b) Sums due to the owner for contribution to general averages suffered by the vessel.
c) Indemnities due to the owner for assistance or salvage, in the event that assistance or salvage took place after transcription of the mortgage and the sums have not been collected by the owner before the distraint of the vessel;
d) Indemnities relating to insurance.
Bank of Mortgage and Extensities of the Effects of Transcription
The mortgage takes rank from the moment of transcription in the register of the vessel.
The mortgage takes rank following the privileges indicated in sub. Article 163 and is preferred to any other general or special privilege.
Transcription of mortgage puts on the same rank expenses borne for the instruments of constitution of mortgage, those for transcription and renewal, and ordinary expenses to intervene in the enforcement proceedings. For greater legal expenses, the parties can extend the mortgage, following a specific agreement provided relative transcription is made.
Transcription of a mortgage producing interests puts on the same rank the interest due provided their extent is shown by the transcription. The calculation of interest is limited to the preceding year and to the year of the day in which the vessel has been detrained. The parties, however, can agree that such calculation extend only to the interest relative to one year.
The rights deriving from the concessions of mortgage are time-barred within two year from the expiration of the obligation.
BOOK IV: PROCEDURAL PROVISIONS
INQUIRIES AND LAWSUITS FOR MARITIME ACCIDENTS
The authorities indicated in sub. Article 27, after completion of assistance operations, must take summary inquiries on the causes and circumstances and take the necessary measure to keep under control things and elements useful for further investigations.
If the vessel involved in the accident files a foreign, the above authorities can proceed as indicated above only if Somaliland vessel are also involved or if damages to the administration have arisen. The inquiring authority draws up a report regarding the investigation made and measures taken in order to keep evidence of the accident.
Report to the Judicial Authority
If the above-mentioned report drown up by the inquiring authority or the investigation report referred to in sub. c), first paragraph, Article 51, both to be forwarded to the Head of the Maritime Zone, evidences that the ship-wreck or abandonment of the vessel, death or injuries to the persons are presumed to be caused by fraud or fault of anyone, those reports accompanied by further details from investigations considered necessary must forwarded by the Head of Maritime Zone to the judicial Authority.
Amicable Settlement of Lawsuits for Maritime Accidents
For lawsuits concerning:-
a) damages resulting from collision.
b) damages caused by vessels while anchoring and mooring or engaged in any other maneuver in ports.
c) Damages caused when using loading and unloading facilities, when handling goods for embarkation and disembarkation operations including.
d) Damages caused by vessels to fishing nets and facilities.
e) Indemnities and reward for assistance , rescue, and salvage.
f) Reimbursement of expenses and prizes for the finding of wrecks.
The parties, before resorting to the judicial Authority, must request the intervention of the harbor master who must try to induce the parties to came to an amicable settlement.
If the latter is reached, process verbal is drown up, signed by the parties and other appearance, constitutes and enforceable title. If the settlement is not reached, a process verbal is drawn up, enclosing also all the papers relative to possible finding of facts, which is signed by the parties and other appearances.
Probatory Effectiveness of the Inquiry Shown by Reports Drawn-up in Case of Maritime Accidents and Averages
In lawsuits for maritime accidents, the judicial Authority restored to order that the reports resulting from summary inquires and those showing failure to reach an amicable settlement be officially recorded.
For the examination of the sharing of general averages pursuant to Article 143, the Judicial Authority orders the official recording of reports resulting from investigations in accordance with the provisions of Article 51, first paragraph, c).
Facts evidenced by the above reports are considered ascertained but the parties concerned can afford evidence to the contrary.
Amicable Settlement of Disputes
In disputes concerning :-
a) labor relations of sea-faring people, also if the dispute is brought by persons of the family of the seaman or by other persons entitled to do so,
b) performance of port activities and relative wages,
c) wages due to the operators of sea craft and facilities employed in loading and unloading operations of goods and embarkation and disembarkation of persons.
The parties, before restoring to the Judicial Authority, must submit the dispute to the competent ‘’labor office’’ which, whenever possible, will be assisted by the harbor master in order to possibly reach an amicable settlement.
ENFORCEMENT AND OTHER COURT-ORDER STEPS
Object of Enforcement and Other Steps
Enforcement and other Court-ordered steps can have object ships, dhows, and sea craft or their fractions of property. If the object of such steps are fractions, the competent judge can, after hearing the joint-owners not debtors, authorize the distrait or seizure of the entire vessel when the fraction of the joint-owner debtor exceeds half the property; in this case, the right competent to the joint-owners not debtors on their fractions is converted into a right on the corresponding part of the award prise and is exempt from any participation to the expenses of the enforcement or other Court-ordered procedures.
Ships and Dhows ready to sail or while sailing cannot be object of enforcement provided that debts deriving from the voyage they are about to commence or which they continue are not involved. Ships and Dhows are considered to be ready to sail when they have received clearance in accordance to Article 52.
Enforcement and other Court-ordered steps are authorized and directed by the competent Judicial Authority, according to the original procedure foreseen for immovable property and the provisions set forth in the subsequent Articles.
Injunctions, the term of which is reduced to 24 hours, become null and void after thirty days have elapsed without the distrait having been carried out.
Contents and Notification of the Act of Distraint and of the Attachment Order
The act of distraint and the order authorizing to effect a Court-ordered attachment must contain also the data to identify the vessel and the order to the master not to let the vessel sail. They must be notified at the behest of the creditor to the owner and the master of the vessel.
Enforcement against the Owner-not Operator
When actions are instituted by the creditors of the operator-not owner who have a maritime-privilege, the enforceable title, the injunction and other authorizing Court-ordered attachment must be notified also the owner-not operator.
In the above case, the distraint and in general, enforcement steps are fulfilled in respect of the owner-not operator, to whom all the provisions regarding the debtor are applied except for the prohibition to make offers to purchase the vessel.
Notification to the Enrollment Board and Steps to Present the Vessel from Sailing
The distraint order and the authorization to attach are notified by the creditor to the Enrollment Board.
The competent Judicial Authority and after notification, the Maritime Authority can take the necessary measures to prevent the vessel from sailing.
Administration of the Vessel Distrained and Attached
On the request of the party concerned and who advances the sums necessary the competent Judicial Authority, after hearing the mortgages and prescribing the guarantees and other measures considered suitable, can authorize the vessel distrained or attached to effect one more voyages.
The freight, after deducting the expenses to be reimbursed to the applicant within the limits of the deposit effect, increases the award price.
Publicity of the Transfer of the Awarded Vessel.
The decree whereby the judge after the sale transfers the vessel to the acquired and orders the Enrollment Board to cancel the transcription of mortgages must be public pursuant to Article 76.
BOOK V: MARITIME CRIMES
CRIMES AGAINST THE SHIP’S AND NAVIGATION POLICE
Non-compliance of Orders by Crew Members
Any crew member who fails to comply with an order given by a superior concerning a technical service of the vessel is punished by imprisonment up to 3 months. Should not compliance concern a service relating to the maneuver of the vessel, the punishment is imprisonment from 1 to 6 months.
Should this fact cause a remarkable trouble to sailing or a danger to the life and safety persons or to the security of the vessel, the punishment is imprisonment from 4 months to 2 years. If the order given relates to the safety of the vessel or to assistance to another vessel or persons in danger, the punishment is imprisonment from 1 to 3 years.
Non-compliance of Orders by Passengers
Any passenger who fails to comply with an order concerning the security of the vessel is punished by imprisonment up to 3 months or by a fine up to Sl.Sh. 160/-
Abandonment of the Vessel by the Master or by Crew Members
The master who in case of abandonment of the vessel does not leave it last, is punished by imprisonment up to 2 years.
Crew members who without the consent of the master abandon the vessel in danger are punished imprisonment up to 1 year.
Loading of Arms, Ammunition and Persons for Criminal Purposes
The master of a vessel, also if foreign, who loads arms, ammunition or persons, in order to commit a crime is punished if the latter is not committed, by imprisonment from 6 months to 2 years, save for the case that this fact constitutes a crime subject to other regulations.
CRIMES AGAINTS SHIP’S AUTHORITIES OR AGAINST CONSULAR AUTHORITIES
Offence against the Master or Superior
Any crew member who offends the hanor or prestige of a superior in presence of him owing to or in the performance of his duties, 9is punished by imprisonment from 3 months to 2 years.
The same punishment is inflicted upon anyone who commits this fact by telegraph, telephone, in writing or by drawing addressed to a superior and relating to his duties.
Punishment is increased up to one third when this fact is committed with violence or menace or when the offence is made in presence of one or more persons.
If the above fact is committed by a passenger against the master, officers or petty officers, the preceding provisions shall apply provided it does not constitute a graver crime; punishments, however are reduced by not less than one third.
Crew members are considered mutinied and are punished by imprisonment from 3 months to 3 years, when in number not less than one third of the entire crew they:-
1. do not comply with an order given by the master, collectively or after agreement,
2. collectively abandon themselves to tumultuous disturbances. Crew members who upon the firs intimation carry out the order or desist from participating in the disturbance, are subject only punishment for acts which they have already committed, whenever the same constitute a different crime.
The punishment increased from 6 months to 4 years:-
1. if the mutiny is committed under such conditions that it is not possible resort to police.
2. if non-compliance concerns an order relative to a service connected with the safety of navigation or else if the fact is committed with the purpose of interrupting the voyage, changing its route or threatening the security of both vessel and cargo.
3. if any of the persons is manifestly armed or the fact is committed by threat.
If promoters, organizer and heads, the punishment is increased up to one third.
Failure to Prevent a Crime
Any crew member who on being present to acts of threat or violence against a superior or the performance of his duties fails to give assistance or help, is punished by imprisonment up to 1 year or by a fine up to Sl.Sh. 4000/-
The same punishment is inflicted upon any crew member who on being present to the mutiny referred to in the preceding Article, does not make everything in his power to break up to meeting or thwart the disturbance.
Plot against the Master
Crew members who in number of three or more agree with the purpose of committing a crime against the life, safety, individual freedom or the performance of the master’s powers, are punished and if the crime is not committed, by imprisonment up to 3 years. For promoters and organisers, the punishment is increased up to one third. Crew members who having knowledge of the plot fall to in form the master of the same, are punished by imprisonment up to 1 year.
The punishment to be applied, however, is in any event, less than half of that established for the offence to which the plot refers.
Non-repatriation of Citizens
The master of a vessel bound for a port of the territory who without justified reasons fails to comply with the request of the Consular Authority for the transportation of citizens in accordance with Article 57, second paragraph, is punished by imprisonment up to 6 months or by a fine up to Sl. Sh 800/-.
CRIMES AGAINST THE SAFETY OF NAVIGATION
Performance, Arbitrary Removal and Omission of Signals
Anyone who arbitrary orders or makes some of the signals used for sea navigation or removes these signals is punished by imprisonment up to 1 year or by a fine up to Sl. Sl 800/-
The same punishments is infected upon anyone who, on being obliged to do so, fails to place the above-mentioned signals or fails to take measures required for this purpose.
If this causes danger of fire, shipwreck or submersion of a vessel, the punishment is imprisonment from 1 to 5 years, the provisions of the present Article do not apply if the fact is contemplated as a graver crime by other provisions of the Law, if any of the facts envisaged in the present Article is committed by fault, the punishment is reduced by one half.
Failure to Give Assistance
The operator or the master of a vessel who on being so requested by the competent authorities pursuant to Article 27, third paragraph fails to cooperate in assisting a vessel in danger or damaged, is punished by imprisonment from 1 to 3 years.
Abandonment of Command and of Place
The master who, without necessary, abandons the nautical direction of the vessel in such conditions that the same must be taken by a person not qualified to replace him, is punished by imprisonment up to 1 year or by a fine from Sl. Sh. 200 to 800/-
The punishment is increased up to one third if this fact is committed in those cases in which the master has the obligation of personally directing the maneuver.
Crew members who during the performance of a service pertaining to the safety of navigation abandon their place, are punished by imprisonment from 3 months to 1 year.
Conditions for Greater Punishment
In the cases foreseen in Articles 196 and 198, the punishment is imprisonment from 2 to 8 years if the facts causes fire, shipwreck or submersion of the vessel.
CRIMES AGAINST PUBLIC FAITH
The master of a vessel who, with the purpose of obtaining for himself or others an advantage or causing to others a damage, makes false statements in report to authorities as well as in the log-book saying that a fact was by him performed or done in his presence, or reports statements which he never received, or else deletes or alters the statements received, or falsely confirm facts contained in the aforesaid reports or in the log-book which are destined to serve as evidence is punished, when the facts does not constitute a graver crime, by imprisonment from 6 months to 4 years.
Abusive Use of the Flag
Anyone hosting or using the flag of the Somaliland Merchant Marine on a foreign vessel is punished by imprisonment up to 1 year or by a fine from Sl Sh 200 to 1,000/-.
Use of False Identification Marks
Anyone who, with the purpose of obtaining for himself or for others an advantage or causing to others a damage, affixes on the vessel a false identification mark is punished by imprisonment up to 1 year. The punishment is imprisonment up to 2 years and fine up to Sl. Sh. 400/-, and if the culprit employs the documents of the vessel, the mark of which he has abusively used.
Abusive Concession of the Name for the Construction of the a Vessel
Anyone who, on being qualified to the construction of vessels, consents the use of his name for such construction to a person not authorized, is punished by a fine from Sl. Sl. 80 to 800/. The same punishment is inflicted upon any one who uses the name of others if the construction has already been started, the punishment is increased up to one third.
Abusive Use of Sailing Books
Anyone who, with the purpose of obtaining himself or for others an advantage or causing to others a damage, uses a sailing book belonging to another person, is punished by imprisonment up to 1 year unless the facts constitutes a different crime against public health.
CRIMES AGAINST THE OWNERSHIP OF THE VESSEL OR CARGO
The master or officer of Somaliland or foreign vessels who commit acts off deprecation to the damage of a Somaliland or foreign vessel or its cargo, or for this purpose commit violence against persons on board Somaliland or foreign vessels, are punished by imprisonment from 10 to 20 years.
Taking Possession of the Vessel
Crew members of a vessel who take possession of the same are punished:-
1. by imprisonment from 110 to 20 years if the facts is committed with violence or threat against the master the other officers.
2. by imprisonment from 3 to 10 years if the facts is committed clandestinely or by fraudulent means.
For promoters and heads, the punishment is increased up to one third
If the fact is committed by a person extraneous to the crew the punishment is reduced by one third.
The master of a vessel who, in order to obtain for himself or for others an unfair benefit or to cause to others a damage, take false route, is punished by imprisonment from 1 to 6 years and a fine up to Sl. Sh. 800/-, if the fact causes a danger of fire, shipwreck or submersion of the vessel, he punishment is increased by one third. If the fact causes fire, shipwreck or submersion, the punishment is imprisonment from 2 to 110 years.
Embezzlement of Wrecks
Anyone who embezzles the wreck indicated in sub. Article 158, in the cases in which he has the obligation of denunciation, is punished by imprisonment up to 2 years to by a fine up to Sl. Sh. 1,000/-.
Taking Possession of a Shipwrecked Vessel
Anyone who takes possession of a shipwrecked submerged or abandoned vessel is punished by imprisonment from 1 to 4 years and by a fine from Sl. Sh. 60 to 800/-.
CRIMES AGAINST PERSONS
Abuse of Authority
The master, who subject to rigour0ous measures not permitted by the law a crew member or passenger or a person imprisoned and entrusted to him in custody or for transport, is punished by imprisonment up to 30 months, provided the fact does not constitute a graver crime. The same punishment is inflicted upon those to whom the said person has been entrusted.
The punishment cannot be less than 6 months when the fact is committed for personal reasons or against an ill person or a minor or a major of seventy or against women.
Disembarkation and Arbitrary Abandonment of Persons
The master of a ship, who arbitrarily disembarks a crew member or a passenger out of the territory or abandons them avoiding their return on board or anticipating the ship’s departure, is punished by imprisonment from 6 months to 3 years and a fine from Sl. Sh. 80 to 240/-.
The punishment cannot be less than 1 year if the person disembarked lacks the necessary means of subsistence or to repatriate. The punishment is imprisonment from 1 to 6 years if the facts causes personal injuries; from 3 to 8 years if it causes the death. The above punishment are reduced to two thirds in case of disembarkation or abandonment within their nation territory.
Failure to Give Assistance
The master who, on finding abandonment a Somaliland seaman in a foreign country in which there is no Consular Authority, fails without justified reason to five him assistance on board and repatriate him, is punished by imprisonment up to 6 months or a fine up to Sl. Sh. 240/-. If failure of assistance involves several persons, the punishment is doubled.
The punishment is imprisonment from 1 to 6 years if the fact causes personal injuries; from 3 to 8 years if it causes the death.
Failure to Assist Vessels or Persons in Danger
The master of a national or foreign ship, dhow or craft, who fails fo give assistance to vessels or persons in danger or else fails to attempt salvage in cases in which he is obliged to d so under the present Code, is punished by imprisonment up to 2 years.
The punishment is imprisonment from 1 to 6 years if the fact causes personal injuries; from 3 to 8 years if it causes the death.
If the fact is committed by fault, the punishment is imprisonment up to 6 months; in the cases indicated in the preceding paragraph, the punishment therein foreseen are reduced to the half.
Lack Necessary Victuals
The master of a ship who causes the lack of victuals necessary to the persons embarked is punished by imprisonment from 1 to 6 years.
If the fact is committed by fault, the punishment is imprisonment from 1 month to 1 year or a fine up to Sh. So.
INFRINGEMENT OF THE PROVISIONS GOVERNING THE MARITIME
Abusive Occupation of Demesnial Areas
Imprisonment up to 6 months or fine up to Sl. Sh. 4000/-, if the fact does not constitute a graver crime, are inflicted upon anyone who arbitrarily occupies an area of the maritime demesne, prevents public use or makes unauthorized innovations on the same.
Abusive Extraction of Stone and Other Materials
Anyone who extracts materials referred to sub. Article 17 without a licence to do so is punished by imprisonment up to 2 months or a fine up to Sl. Sh. 80/-.
Abusive Storages of Goods and Failure to Remove the Same
Anyone who stores goods and other materials in the indicated in sub. Article 23 without being authorized the customs Authority.
Anyone who does not comply with the order of removal the material stored;
A fine up to Sl. Sh. 4000/- is imposed upon
INFRINGEMENT OF THE PROVISIONS GOVERNING POLICE, PORT
SERVICES AND PORT OF CALL
Fishing, Use Explosives and Lighting of Fires in Aries in Which They are Prohibited
Anyone who, in the areas indicated in sub. Article 30, carries out fishing activities without being authorized by the Maritime Authority, is punished by a fine up to Sh. So 40/-. Anyone who, in the same areas without being authorized by the Maritime Authority uses explosives or lights fire and lights can interfere with the maritime signalling service, is punished by imprisonment up to 3 months or by a fine from Sl. Sh. 16 to 300/-.
Abusive Harbor Contacting
Anyone who performs harbor contracting work without having the concerning indicated in sub. Article 33 is punished by imprisonment up to 1 year or a fine up to SL. Sh.. 800/-.
INFRINGEMENT OF THE PROVSIONS GOVERNING THE EMPLOYMENT OF SEA-FARING PEOPLE
Employment and Undue Assignment of Minors
The operator or the master of the ship, dhow or sea craft referred to in sub. Article 35, second paragraph, who employs a person under fifteen years of age, out of the cases envisaged in sub. Article 36, fourth paragraph, or else who assigns a person under eighteen to engine services is punished a fine from Sl. Sh. 40 to 400/-.
INFRINGEMENT OF THE PROVISIONS GOVERNING THE OWNERSHIP OF THE VESSEL
Non-compliance with the Provisions Relating to the Abandonment of the Ship’s Falag
Failure to comply with the provisions in sub. Article 43 and 44 is punished by imprisonment up to 6 months or by a fine up to Sl. Sh. 800/.
Non-compliance with the Provisions Governing the Demolition or Arrival of the Vessel.
Anyone who carries out demolition as per Article 46 without being authorized to do so is punished by a fine from SL. Sh. 40 to 400/-.
INFRINGEMENTS OF THE PROVISIONS GOVERNING NAVIGATION POLICE
Non-compliance with the Provisions Governing the Use Flag, Identification Mark and Ship’s Documents
A fine up to Sl. Sh. 160 is imposed upon;-
1. the ship’s master who does not hoist the flag when required,
2. the ship-owner or master who does not comply with the provisions on the use of the name and identification mark of the vessel,
3. the master who sails without having the required ship’s documents on board.
Failure to Renew Ship’s Documents
The owner of a vessel who does not timely renew the sip’s documents is punished by a fine up to Sl. Sh. 400/-
Non-compliance with Formalities at the Departure in Ports
The master of a Somaliland or foreign ship or dhow who at arrival does not comply with the required formalities is punished, when the fact does not constitutes a graver crime, by a fine up to Sl. Sh. 400/-.
Refusal to Cooperate in the Salvages
Crew members, in case of shipwreck of the ship, on being requested by the master or by the competent authority, who refuse to cooperate in the salvage of the wreck are punished, if the fact does not constitute a graver crime, by a fine up to Sl. Sh. 160/-.
Presentation of Claims
The master who, without justified motive …………………………….
This version of the Code is missing Articles 227 to 252 (Chapters XII to XIV & Book VI) which are available here in the last pages of the Somalia Maritime Code (large pdf file).