Administrative
Resolution No. (12) of 2020
Concerning the Rules
and Conditions 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,
After perusal of:
Federal Law by Decree No. (6)
of 2011 Establishing the General Authority for the Security of Ports, Borders,
and Free Zones; and its amendments;
Law No. (11) of 2007
Establishing the Dubai Maritime City;
Law No. (11) of 2010
Concerning the Licensing of Vessels in the Emirate of Dubai;
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.
(10) of 2013 Concerning the Conditions and
Rules Governing Vessels
Visiting 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. |
|
DMCA: |
The Dubai Maritime City 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, including
yachts of all types and sizes, that visit and 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 DMCA pursuant
to this Resolution authorising a Visiting Vessel to navigate within the
Waters of the Emirate. |
|
Operation Permit: |
A document issued by the DMCA pursuant
to this Resolution authorising the charter of a Visiting Vessel for tourism
purposes within the Waters of the Emirate. |
|
Owner: |
A natural or legal person who owns, or
operates for his own account or for the account of others, a Visiting Vessel.
|
|
Maritime Agent: |
Any company or sole proprietorship
licensed to perform duties, on behalf of an
Owner, with respect to his 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, and other permanent or
temporary berths within the Waters of the
Emirate. |
|
APIS: |
The Advance Passenger Information
System adopted by the General Authority for the Security of Ports, Borders,
and Free Zones. |
a. A Visiting Vessel may not
navigate or anchor within the Waters of the Emirate without first obtaining a
Navigation Permit.
b. For the purpose of obtaining
the Navigation Permit, a Visiting Vessel must comply with the following
requirements and procedures:
1. A contract must be concluded
with a Maritime Agent and a prior anchorage permit must be obtained from the
DMCA or from a marine club, harbour, or shipyard in
the Emirate. The marine club, harbour, or shipyard
will be deemed as the Maritime Agent of the Visiting Vessel, provided that the agency
relationship is
expressly stated in anchorage permit.
2. The Maritime Agent must
register the Visiting Vessel in the APIS at least forty-eight (48) hours prior
to the entry of the Vessel to the Waters of the Emirate; and must determine the
port of entry.
3. 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 DMCA, on the form
prescribed by the DMCA for this purpose;
and must be
supported by the following documents:
-
a
copy of a certificate of registration, confirming the
ownership of the
Visiting Vessel, issued by the competent authority in its country of
registration;
-
a
copy of the Visiting Vessel insurance policy, which
must be valid
throughout the period of navigation within the Waters of the Emirate;
-
a
copy of the licences or training certificates of the Master and crew members of
the Visiting Vessel;
-
a
copy of a permit for entry through any of the maritime ports of
the UAE;
-
a
copy of an anchorage permit issued by the DMCA or
any marine club, harbour, or shipyard in the
Emirate;
-
a
copy of the navigation licence of the Visiting Vessel, if any;
-
a
copy of the technical conformity declaration of the Visiting Vessel
signed by its Owner or Master; and
-
a
copy of the UAE visit visas issued to the crew members
of the Visiting Vessel.
4. The DMCA will consider the
Navigation Permit application from a technical perspective to verify that it
meets all relevant conditions and requirements, and that it is accompanied by
all required documents.
5. The DMCA will issue
a decision
approving the application for Navigation Permit within one
(1) working day, unless the DMCA has valid reasons to extend this time frame.
6. The applicant will be
instructed to pay the prescribed fees, whereupon the DMCA 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.
7. Where the Navigation Permit application
is rejected, the DMCA will notify the applicant of the reasons for rejection.
An applicant whose application is rejected may submit to the DMCA another
application.
a.
No
Visiting Vessel may be chartered for tourism purposes without first obtaining
an Operation Permit.
b.
For
the purpose of obtaining the Operation Permit, a Visiting Vessel must comply
with the following requirements and procedures:
1.
An
application for the Operation Permit must be submitted to the DMCA through its
service centres or electronic portal, and must be supported by the following
documents:
-
a
copy of the Navigation Permit issued by the DMCA. The validity
period, date of
issue, and date of expiry of the Operation Permit will coincide
with those of
the Navigation Permit;
-
a
copy of the technical certificates of the Visiting Vessel issued from
its country of
registration, including a certificate stating the overall length
of the Visiting Vessel, which must not be less than thirty (30) metres; and
-
a
copy of the classification certificate of the Visiting Vessel issued by an
international maritime classification organisation recognised by the competent
authorities in the UAE.
2.
The
DMCA will consider the Operation Permit application from a technical
perspective to verify that it meets all relevant conditions and requirements,
and that it is accompanied by all required documents. The DMCA will also
conduct technical inspection of the Visiting Vessel to verify that it meets all
the technical requirements and specifications adopted
by the DMCA.
3.
The
DMCA will issue a decision approving the application
for Operation
Permit within five (5) working days, unless the DMCA has valid reasons to
extend this time frame.
4.
Where
an Operation Permit application is rejected, the DMCA will
notify the applicant of the reasons for rejection. An applicant whose
application is rejected may submit to the DMCA another application.
5.
Where
a Visiting Vessel, for which a Navigation Permit is issued, wishes to obtain an
Operation Permit, it must have its existing Navigation Permit cancelled, reapply for a
new Navigation
Permit, and submit an
application for the
Operation Permit.
The Owner of a Visiting Vessel must:
1.
comply
with all local and federal legislation when navigating the
Visiting Vessel within
the Waters of the Emirate and the waters of the UAE;
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 Maritime
Vessel in
operation at all times;
4.
ensure
that the Visiting Vessel is operated 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 all permits and approvals issued to the Vessel
before their expiry;
7.
comply
with the safety instructions issued by the DMCA 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 termination
of its Navigation Permit or Operation Permit.
A Maritime Agent must:
1.
register
the Visiting Vessel in the APIS;
2.
renew
the Navigation Permit and the visit visas of the crew members of the Visiting
Vessel before their expiry;
3.
pay
all fees and fines, and settle
any other
financial liabilities, that are incurred by him and
owed to the DMCA under
the applicable legislation; and
4.
comply
with the tax legislation in force in the UAE when operating the Visiting
Vessel.
a.
A
Navigation Permit will be valid for a renewable period of six (6) months,
whereas an
Operation Permit will be valid for a non-renewable period of six (6) months.
b.
Where
a Visiting Vessel leaves the Waters of the Emirate prior to the expiry of the
period referred to in paragraph (a) of this Article, its Navigation Permit will be cancelled.
All marine clubs, harbours, dry docks,
and shipyards in the Emirate must keep the following records and documents for at
least three (3) years:
1.
a
record that contains the dates of entry to,
and exit from, the Waters of the Emirate
by each Visiting Vessel;
2.
a
record that contains the names of the Master and crew members of each Visiting
Vessel and their personal details and information;
3.
the
official licensing documents and certificates of Visiting Vessels; and
4.
any
other records or documents required by the DMCA.
In addition to any technical requirements and
specifications that must be met by Vessels under the
legislation in
force in the UAE, 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 when 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 when it
breaks down, or upon request by the DMCA
inspectors or the inspectors of any other concerned
regulatory entities in the Emirate.
3. Any smaller Vessel carried on
board the
Visiting Vessel to be launched in the Waters of the Emirate
will be subject to the safety and permit issuance requirements prescribed by
the DMCA.
Any person who violates the provisions of this Resolution
will be punished by the penalties and fines stipulated in the
above-mentioned Executive Council Resolution No. (11) of 2013.
The above-mentioned Administrative Resolution No. (10) of
2013 is hereby repealed. Any provision in any other administrative resolution
will also be 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.
Saeed bin Ahmed
bin Khalifa Al Maktoum
Executive
Director
Dubai
Maritime City Authority
Issued in Dubai on 21 September 2020
Corresponding to 3
Safar 1442 A.H.
©2020 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.