Administrative Resolution No. (3) of 2023

Concerning the Rules, Conditions, and Procedures Regulating the

Navigation of Visiting Vessels in the Emirate of Dubai[1]

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The Executive Director of the Dubai Maritime City Authority,

Federal Law by Decree No. (14) of 2021 Establishing the Federal Authority for Identity, Citizenship, Customs, and Port Security;

Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai;

Law No. (3) of 2023 Concerning the Dubai Maritime Authority;

Executive Council Resolution No. (11) of 2013 Issuing the Implementing Bylaw of Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai and its amendments; and

Administrative Resolution No. (12) of 2020 Concerning the Rules and Conditions Regulating the Navigation of Visiting Vessels in the Emirate of Dubai,

Does hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

UAE:

The United Arab Emirates.

Emirate:

The Emirate of Dubai.

DMA:

The Dubai Maritime Authority.

Waters of the Emirate:

The waters of the Emirate lying between the Dubai-Sharjah border and the Dubai-Abu Dhabi border and extending to the exclusive economic zone, including the internal waters of the Emirate and all Ports, marinas, canals, and waterways.

Visiting Vessel:

Any of the foreign Vessels, of all types and sizes, that navigate the Waters of the Emirate for the purpose of tourism, maintenance, bunkering, obtaining supplies, or participation in maritime exhibitions.

Navigation Permit:

A document issued by the DMA authorising a Visiting Vessel to navigate within the Waters of the Emirate in accordance with the rules, conditions, and procedures stipulated in this Resolution.

Operation Permit:

A document issued by the DMA authorising the charter of a Visiting Vessel for tourism purposes within the Waters of the Emirate, in accordance with the rules, conditions, and procedures stipulated in this Resolution.

Owner:

A natural or legal person who owns or operates, for his own account or for the account of others, a Visiting Vessel.

Master:

A natural person authorised by the country of registration of a Visiting Vessel to navigate that Vessel.

Maritime Agent:

Any company or sole proprietorship licensed to perform duties, with respect to the Visiting Vessel or any of its crew members, within the scope of the responsibilities and powers stated in the authorisation issued to that company or sole proprietorship.

Vessel Berths:

Vessel anchorage and berthing facilities, including marinas, water sport clubs, fishing harbours, private harbours, marine stations, shipyards, and other permanent or temporary berths within the Waters of the Emirate.

APIS:

The Advance Passenger Information System adopted by the Federal Authority for Identity, Citizenship, Customs, and Port Security.

 

Navigation Permit

Article (2)

a.    A Visiting Vessel may not navigate within the Waters of the Emirate without first obtaining a Navigation Permit.

b.     For the purpose of obtaining a Navigation Permit, an Owner must comply with the following requirements and procedures:

1.    The Owner must contract with a Maritime Agent to perform, on his behalf, the work related to the Visiting Vessel or any of its crew members or Passengers.

2.    A prior anchorage permit must be obtained from the DMA or from a Vessel Berth. The Vessel Berth will be deemed as the Maritime Agent of the Visiting Vessel, provided that the agency relationship is expressly stated in the anchorage permit.

3.    The Maritime Agent or the Vessel Berth must register the Visiting Vessel in the APIS, and determine its port of entry, at least two (2) days prior to the entry of the Vessel to the Waters of the Emirate.

4.    An application for the Navigation Permit must be submitted within no later than seven (7) days from the date of entry by the Visiting Vessel to the Waters of the Emirate. This application must be submitted, through the service centres or electronic portal of the DMA, on the form prescribed by the DMA for this purpose; and must be supported by the following documents:

a.    a copy of a certificate of registration, confirming the ownership of the Visiting Vessel, issued by the competent authority in its country of registration;

b.    a copy of the Visiting Vessel insurance policy, which must be valid throughout the period of navigation within the Waters of the Emirate;

c.     a copy of the licences or training certificates of the Master and crew members of the Visiting Vessel;

d.    a copy of a permit for entry of the Visiting Vessel, issued by any of the maritime ports of the UAE;

e.    a copy of an anchorage permit issued by the DMA or any Vessel Berth;

f.     a copy of the navigation licence of the Visiting Vessel, if any;

g.    a copy of the technical conformity declaration of the Visiting Vessel signed by its Owner or Master;

h.    copies of the UAE visit visas or entry permits issued to the crew members and Passengers of the Visiting Vessel; and

i.      any other documents required by the DMA.

5.    The DMA will consider the Navigation Permit application from a technical perspective to verify that it meets all the relevant conditions, and is accompanied by all required documents.

6.    The DMA will issue a decision approving the application for Navigation Permit within one (1) working day, unless the DMA has valid reasons to extend this time frame.

7.    The applicant for Navigation Permit will be instructed to pay the prescribed fees, whereupon the DMA will issue the Navigation Permit, stating the type of the Visiting Vessel, name of its Owner or operator, purpose of its visit, and duration of its stay within the Waters of the Emirate.

8.    Where the Navigation Permit application is rejected, the DMA will notify the applicant of the reasons for rejection. An applicant whose application is rejected may submit to the DMA another application.

Operation Permit

Article (3)

a.    No Visiting Vessel may be chartered for tourism purposes without first obtaining an Operation Permit.

b.    For the purpose of obtaining an Operation Permit, an applicant must comply with the following requirements and procedures:

1.    An application for the Operation Permit must be submitted to the DMA, on the form prescribed by the DMA for this purpose, through its service centres or electronic portal, and must be supported by the following documents:

a.    a copy of the Navigation Permit issued by the DMA. The validity period, date of issue, and date of expiry of the Operation Permit must coincide with those of the Navigation Permit;

b.    a copy of the Visiting Vessel’s technical certificates issued by its country of registration, including a certificate stating the overall length of the Visiting Vessel; and

c.     a copy of the certificates proving that the Visiting Vessel meets all the operation requirements prescribed by the DMA.

2.    The DMA will consider the Operation Permit application from a technical perspective to verify that it meets the relevant conditions, and is accompanied by the required documents. The DMA will also conduct technical inspection of the Visiting Vessel to verify that it meets all the technical requirements and specifications adopted by the DMA.

3.    Where the Visiting Vessel passes the technical inspection, the DMA will issue a decision approving the application for Operation Permit within five (5) working days, unless the DMA has valid reasons to extend this time frame.

4.    Where an Operation Permit application is rejected, the DMA will notify the applicant of the reasons for rejection. An applicant whose application is rejected may submit to the DMA another application.

5.    Where the operator of a Visiting Vessel, for which a Navigation Permit is issued, wishes to apply for an Operation Permit, he must have its existing Navigation Permit cancelled, and submit an application for a new Navigation Permit together with the application for Operation Permit.

Obligations of Owners and Masters

Article (4)

An Owner or a Master, as the case may be, must:

1.    comply with all local and federal legislation when navigating the Visiting Vessel within the Waters of the Emirate;

2.    not navigate the Visiting Vessel within the Waters of the Emirate without providing the minimum number of crew members stated in the Minimum Safe Manning Document;

3.    maintain the automatic identification system (AIS) of the Visiting Vessel in operation at all times;

4.    operate the Visiting Vessel in accordance with the regulations stipulated in the International Safety Management Code (ISM Code) and the International Ship and Port Facility Security Code (ISPS Code);

5.    maintain the Visiting Vessel in a good working condition, and perform periodic maintenance thereof, throughout the period of validity of the Navigation Permit and Operation Permit;

6.    ensure that all inspections of the Visiting Vessel are conducted in a timely manner; and renew the permits and approvals issued to the Visiting Vessel before their expiry;

7.    comply with the safety instructions issued by the DMA in respect of anchoring within the Waters of the Emirate;

8.    immediately report any accident that may compromise the safety of the Visiting Vessel, the safety of its crew members and Passengers, or the safety of navigation and the environment; and

9.    ensure that the Visiting Vessel leaves the Waters of the Emirate within no later than seven (7) days from the date of expiry or cancellation of its Navigation Permit or Operation Permit.

Obligations of Maritime Agents and Vessel Berths

Article (5)

A Maritime Agent or a Vessel Berth, as the case may be, must:

1.    register the Visiting Vessel in the APIS;

2.    notify the Owner or Master of the requirement for crew members and Passengers of the Visiting Vessel to complete the procedures for obtaining visit visas or entry permits to the UAE from the concerned entity in the Emirate, in accordance with the legislation in force;

3.    immediately report to the concerned entities any violation committed by the Visiting Vessel, or by its crew members or Passengers;

4.    renew the Navigation Permit and the visit visas of the crew members of the Visiting Vessel before their expiry;

5.    pay the fees and fines, and settle any other financial liabilities, owed by him to the DMA under the applicable legislation;

6.    comply with the tax legislation in force in the UAE when operating the Visiting Vessel; and

7.    notify the concerned entities once the Visiting Vessel leaves the Waters of the Emirate.

Validity of Permits

Article (6)

a.    A Navigation Permit will be valid for a renewable period of six (6) months, without the Visiting Vessel being required to leave the UAE waters, provided that the UAE visit visas and entry permits issued to the crew members are valid.

b.    An Operation Permit will be valid for a non-renewable period of six (6) months.

c.     Where a Visiting Vessel leaves the Waters of the Emirate prior to the expiry of the period referred to in paragraphs (a) and (b) of this Article, its Navigation Permit or Operation Permit will be cancelled.

Data and Records of Visiting Vessels

Article (7)

All Vessel Berths and Dry Docks in the Emirate must keep the following records and documents for at least (3) three (3) years:

1.    a record that contains the dates of entering and leaving the Waters of the Emirate by Visiting Vessels;

2.    a record that contains the names and personal details and information of the Masters and crew members of Visiting Vessels;

3.    the official documents and certificates of Visiting Vessels; and

4.    any other records or documents required by the DMA.

Visiting Vessel Technical Requirements and Specifications

Article (8)

a.    In addition to any technical requirements and specifications that must be met by Vessels under the legislation in force, a Visiting Vessel must meet the following technical requirements and specifications:

1.    The Visiting Vessel must be fitted and equipped with safety, navigation, communication, and environmental protection equipment as required based on its navigation area and the number of its crew members and Passengers, in accordance with the licensing requirements prescribed by the country of registration of the Visiting Vessel. This equipment must be replaced, repaired, or maintained if it breaks down.

2.    The Visiting Vessel must be fitted with fire detection and fire-fighting equipment. This equipment must be replaced, repaired, or maintained if it breaks down, based on a request by the DMA inspectors or the inspectors of any other concerned regulatory entities in the Emirate.

b.    A smaller Vessel carried on board a Visiting Vessel to be launched in the Waters of the Emirate will be subject to the safety and permit issuance requirements prescribed by the DMA.

Penalties

Article (9)

Persons who violate the provisions of this Resolution will be punished by the relevant penalties and fines stipulated in the above-mentioned Executive Council Resolution No. (11) of 2013.

Supersession and Repeals

Article (10)

a.    This Resolution supersedes the above-mentioned Administrative Resolution No. (12) of 2020.

b.    Any provision in any other administrative resolution is hereby repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (11)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Dr. Saeed bin Ahmed bin Khalifa Al Maktoum

Executive Director

Dubai Maritime Authority

Issued in Dubai on 4 October 2023

Corresponding to 19 Rabi al-Awwal 1445 A.H.

 



©2024 The Supreme Legislation Committee in the Emirate of Dubai

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.