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.
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. |
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.