Law No. (3) of 2023
Concerning the Dubai
Maritime Authority
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (1) of 2001
Establishing the Ports, Customs, and Free Zone Corporation and its amendments;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (11) of 2007
Establishing the Dubai Maritime City;
Law No. (8) of 2009
Concerning Liability of Heads and Directors of the Entities Affiliated to the
Government of Dubai;
Law No. (11) of 2010
Concerning the Licensing of Vessels in the Emirate of Dubai, and its
Implementing Bylaw and its amendments;
Law No. (13) of 2011
Regulating the Conduct of Economic Activities in the Emirate of Dubai and its
amendments;
Law No. (1) of 2016
Concerning the Financial Regulations of the Government of Dubai, and its
Implementing Bylaw and its amendments;
Law No. (5) of 2021 Concerning
the Dubai International Financial Centre;
Decree No. (2) of 1990
Concerning the Dubai Dry Docks Authority;
Decree No. (22) of 2009
Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (6) of 2020 Regulating Advertisements in the Emirate of Dubai;
Resolution No. (4) of 2006
Affiliating Jaddaf Dubai to the Ports, Customs, and Free Zone Corporation;
Executive Council
Resolution No. (63) of 2016 Concerning Marine Navigational Aids in the Emirate
of Dubai; and
The legislation establishing
and regulating free zones in the Emirate of Dubai,
Do hereby issue this Law.
This Law will be cited as “Law No. (3) of
2023 Concerning the Dubai Maritime Authority”.
The following words and expressions,
wherever mentioned in this Law, will have the meaning indicated opposite each
of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The
Government of Dubai. |
|
Executive Council: |
The
Executive Council of the Emirate of Dubai. |
|
PCFC: |
The
Ports, Customs and Free Zone Corporation. |
|
DMA: |
The
Dubai Maritime Authority. |
|
Chairman: |
The
chairman of the PCFC. |
|
Executive Director: |
The
executive director of the DMA. |
|
Maritime Sector: |
This
includes, but is not limited to, the Ports, harbours, all types of public and
private marinas, dry docks, Al Jaddaf, all types of
islands, maritime logistic services and operations, Vessel building and maintenance
facilities, maritime projects, and all establishments conducting Maritime
Activities. |
|
Port: |
A
natural or man-made Vessel anchorage and berthing facility where necessary
services are provided to Vessels to arrange or end their trips, including the
wharves, buildings, harbours, and structures located in, on, or near water, as
well as the land required for using that facility. This includes all
commercial ports and other ports used for loading and unloading Goods and
transporting Passengers in the Emirate, such as dry ports, Port Facilities,
and container handling terminals, as well as the services and operations
related thereto. Ports include Port Rashid, Al Hamriya Port, and Jebel Ali
Port. |
|
Port Facilities: |
The
locations designated by the DMA for providing services related to Vessels, Goods,
and individuals within Ports or on the navigational passages leading thereto.
|
|
Maritime Activities: |
These
include, but are not limited to, Maritime Transport, shipping, insurance, and
financing; Vessels inspection; Vessel operator training; Vessel building and maintenance;
diving; water sports performed using Vessels; maritime Advertisements;
maritime tourism; maritime agencies; maritime recreational activities; Wooden
Ship manufacturing; maritime trade; fishing; and other maritime activities
licensed in the Emirate in accordance with the provisions of this Law, the
resolutions issued in pursuance hereof, and other legislation in force in the
Emirate. |
|
Operating Establishment: |
A
company or corporation licensed to conduct a Maritime Activity in the
Emirate. |
|
Vessel: |
A
vessel of any type or structure whatsoever, including Wooden Ships and
remotely-piloted Vessels, operated on the Waters of the Emirate to transport
Passengers, Goods, or other items for personal purposes, such as cruises or
recreational fishing; or for commercial, sports, or tourism purposes. |
|
Wooden Ship: |
Any
of the commercial ships built of wood and arriving to the Emirate to load or unload
Goods. This includes fibreglass ships. |
|
Maritime Agents Office: |
The
organisational unit at the DMA in charge of overseeing the management of the
operations of Wooden Ships during their stay in the Waters of the Emirate;
the completion of the procedures related to these ships with the concerned Government
Entities; and the enhancement of Maritime Safety and
security of these ships. |
|
Maritime Safety: |
A
set of rules, measures, procedures, and methods that ensures the safety of
lives within the Waters of the Emirate by regulating navigation routes and
their safe operation; and ensuring that Vessels are provided with personal,
professional, and first aid equipment; rescue and survival equipment; and
fire detection and fire-fighting equipment. |
|
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, such as Ports, harbours, marinas,
canals, waterways, and creeks. |
a.
The provisions of this Law apply to the
Dubai Maritime City Authority established pursuant to the above-mentioned Law
No. (11) of 2007 as a public authority, which has legal personality, financial
and administrative autonomy, and the legal capacity required to undertake all
acts and dispositions that ensure the achievement of its objectives; and which
is affiliated to the PCFC.
b.
The name “Dubai Maritime City Authority”,
wherever mentioned in any legislation in force in the Emirate, is hereby
replaced by “Dubai Maritime Authority”.
The head office of the DMA will be located
in the Emirate. Other branches and offices of the DMA may be opened within the
Emirate pursuant to a resolution of the Chairman.
The DMA will have the following objectives:
1.
to support the Emirate’s vision and promote the Emirate
as an international hub for maritime trade;
2.
to enhance and develop maritime security in
coordination with the concerned entities;
3.
to encourage and attract local and international
capital flows, companies, and corporations engaged in the Maritime Sector and
Maritime Activities to invest in the Maritime Sector in the Emirate; and to
enhance their competitive edge at the local and international levels;
4.
to develop and regulate, in coordination with the
concerned entities, the Maritime Sector and Maritime Activities in the Emirate
in accordance with the relevant international best practices;
5.
to enhance the governance of the Maritime Sector in
the Emirate by implementing the highest standards of oversight and
accountability;
6.
to contribute to the protection of marine environment,
maintenance of Maritime Safety, and satisfaction of maritime security requirements
within the Waters of the Emirate in accordance with the legislation in force;
and
7.
to uphold the principles of transparency, support fair
competition, and protect the interests of stakeholders in the Maritime Sector.
The DMA is the competent entity in charge
of regulating and overseeing the Maritime Sector and Maritime Activities in the
Emirate, including in Special Development Zones and free zones, such as the
Dubai International Financial Centre. For these purposes, the DMA will have the
duties and powers to:
1.
prepare the general policy and strategic plans for
developing the Maritime Sector and regulating Maritime Activities in the
Emirate, and submit the same to the Executive Council for approval;
2.
propose the legislation regulating the Maritime Sector
and Maritime Activities in the Emirate, and the international treaties and
conventions to be executed or to which the Emirate may accede; and submit the
same to the competent entities in the Emirate for consideration and taking the
relevant necessary action in accordance with the legislation in force;
3.
propose the establishment of specialised entities with
a view to supporting the Maritime Sector in the Emirate;
4.
build partnerships at the local, regional, and
international levels as required to enhance the role of the Maritime Sector in
the Emirate;
5.
develop, regulate, and manage the Maritime Sector and
Maritime Activities in the Emirate in accordance with the international best
practices applicable in this respect.
6.
issue all types of approvals and permits required for
the work of the companies and corporations operating in the Maritime Sector,
and the persons engaged in that sector; and for the conduct of Maritime
Activities in the Emirate;
7.
enhance Maritime Safety within the Waters of the
Emirate by licensing Vessels, monitoring and inspecting the safety equipment of
these Vessels, participating in rescue and evacuation drills, and investigating
maritime accidents to identify their causes and take the necessary action to
prevent their recurrence, in coordination with the concerned entities in the
Emirate;
8.
protect the marine environment by verifying compliance
by Vessels with the technical environmental standards, and coordinate with the
concerned entities in the Emirate to monitor Maritime Activities to verify their
compliance with the environmental standards and requirements stipulated in the
legislation in force in the Emirate and the international treaties and
conventions to which the UAE accedes or becomes a party;
9.
develop, approve, and monitor the implementation of,
the occupational health and safety standards related to the Maritime Sector, in
coordination with the concerned entities in the Emirate and in accordance with
the legislation in force;
10.
regulate the process of refuelling Wooden Ships and dealing
in petroleum products at the harbours of the Emirate, in coordination with the
concerned entities and in accordance with the legislation in force;
11.
conduct the studies and research related to the
Maritime Sector and Maritime Activities in the Emirate;
12.
monitor and inspect, in coordination with the
concerned entities, the activities of public and private entities in relation to
operating Maritime Sector facilities; and the activities of the entities conducting Maritime Activities in the
Emirate;
13.
regulate the construction and use of floating houses,
hotels, and structures in the Emirate as well as their registration as Vessels;
and determine their berthing areas and the safety requirements they must meet
based on their type and size, in coordination with the concerned entities in
the Emirate;
14.
draft the general maritime plan of the Emirate with a
view to ensuring safe navigation and safe conduct of Maritime Activities;
15.
determine the navigation routes and berthing areas of Wooden
Ships and other Vessels in the Emirate;
16.
perform all the functions related to Vessels as
stipulated in the above-mentioned Law No. (11) of 2010 and the resolutions
issued in pursuance thereof;
17.
perform all the functions related to Navigational Aids
as stipulated in the above-mentioned Executive Council Resolution No. (63) of
2016;
18.
regulate navigation in creeks, canals, and waterways
in the Emirate;
19.
regulate, determine, and issue the permits required to establish
harbours in the Emirate;
20.
regulate, and determine the requirements for, the
entry and exit of Wooden Ships and their crews through the Waters of the
Emirate; and oversee these ships through the Maritime Agents Office;
21.
regulate the work of the Maritime Agents Office, and
of the owners of Wooden Ships and their agents, in a manner that protects their
rights;
22.
monitor, in coordination with the concerned Government
Entities, all work of Seamen, including the aspects related to Maritime Safety and maritime accidents,
throughout the period during which their Wooden Ships are berthed in the Ports
and harbours within the Waters of the Emirate and until their departure;
23.
coordinate with the concerned entities on the issuance
of visas and the procedures for entry by Seamen and other crew members into the
Emirate;
24.
regulate maritime Advertisements in coordination with
the concerned entities in the Emirate and in accordance with the legislation in
force;
25.
issue the circulars and instructions required for
regulating and overseeing the conduct of Maritime Activities and the business
practices related to Maritime Sector in the Emirate;
26.
take the actions that the DMA deems appropriate for
the purposes of enhancing transparency, supporting fair competition, and
protecting the interests of stakeholders in the Maritime Sector;
27.
seek assistance from experts and specialists, as the
DMA deems appropriate, to enable it to exercise its duties and powers under this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate;
28.
represent the emirate before all regional and
international maritime authorities, organisations, councils, unions, and
committees as well as any other similar entities; and
29.
exercise any other duties or powers required for the
achievement of the DMA objectives, as assigned to it by the Ruler or the
Chairman of the Executive Council.
The organisational structure of the DMA will consist of the
following organisational levels:
1.
the Chairman; and
2.
the executive body.
The Chairman will undertake general
supervision of the DMA. For this purpose, the Chairman will have the duties and
powers to:
1. approve the general policies and the strategic and development
plans of the DMA;
2. approve the services, business, projects, and activities of the DMA;
3. approve the draft annual
budget and Financial Statements of the DMA;
4. approve the organisational structure of the DMA;
5. approve the fees and charges for the registration, licensing, permits,
and other services provided by the DMA; and submit the same to the competent
entities for consideration and approval in accordance with the legislation in
force in the emirate;
6. approve the tariffs and fees prescribed by the establishments engaged in
the Maritime Sector and Maritime Activities for the services they provide to
others;
7. establish any affiliates to the DMA as necessary to assist it in
performing its duties under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate; and
8. exercise any other duties
or powers assigned to him by the Ruler or the Chairman of the Executive
Council.
a.
The executive body of the DMA will be
comprised of an Executive Director and a number of administrative, finance, and
technical employees.
b.
The employees of the executive body of the DMA will be
subject to the relevant human resources regulations approved by the Chairman.
a.
The Executive Director will be appointed pursuant to a
resolution of the Chairman of the Executive Council upon the recommendation of
the Chairman.
b.
The Executive Director will be directly responsible to
the Chairman for performing his duties under this Law, the resolutions issued
in pursuance hereof, and other legislation in force in the Emirate. In
particular, the Executive Director will have the duties and powers to:
1. propose the general policies
and the strategic and development plans of the DMA, submit these policies and plans
to the Chairman for approval, and follow up the implementation of the same upon
their approval;
2. prepare the draft annual
budget and Financial Statements of the DMA, and submit the same to the Chairman
for approval;
3. prepare the organisational
structure of the DMA, and submit the same to the Chairman for approval;
4. approve the resolutions
and bylaws regulating the administrative, financial, and technical work of the
DMA.
5. supervise the daily work
of the executive body of the DMA, and the activities and services it performs;
6. represent the DMA before
third parties; and conclude the contracts, agreements, and memoranda of
understanding to which the DMA is a party, in accordance with the relevant
powers granted to him by the Chairman;
7. open and manage bank
accounts in accordance with the legislation in force in the Emirate;
8. prepare annual reports on
the performance of the executive body of the DMA, and submit the same to the
Chairman to review them and issue the relevant directives as he deems
appropriate;
9. coordinate with local and
federal government entities with a view to achieving the objectives of the DMA,
and
10. exercise any other duties
or powers assigned or delegated to him by the Chairman in relation to achieving
the objectives of the DMA and enabling it to perform its functions.
c.
The Executive Director may delegate any of his powers under
sub-paragraphs (b)(5) and (b)(6) of this Article to any of the DMA employees,
provided that such delegation is specific and in writing.
The financial resources of the DMA will
consist of:
1.
the annual support allocated to the DMA in the budget
of the PCFC;
2.
the movable and immovable property allocated by the
PCFC to the DMA;
3.
the fees and charges collected by the DMA in return for
the services it provides;
4.
returns on the investment of the property of the DMA;
and
5.
any other resources approved by the Chairman.
a.
The DMA will have an independent budget
which reflects its actual financial position.
b.
In managing its accounts and records, the DMA will
apply the principles and rules of government accounting.
c.
The Financial Year of the DMA will commence on 1 January
and will end on 31 December of each year.
All Government Entities in the Emirate
must fully cooperate with the DMA to enable it to achieve its objectives and
perform its functions under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate.
a.
Neither the Government nor the PCFC will be liable
to third parties for any debts or obligations claimed from the DMA. The DMA
will be solely liable for such debts or obligations.
b.
The DMA will not be liable to third parties for any
obligations incurred by the companies and corporations authorised by the DMA, or
the Vessels licensed by it, in the course of the performance of their Maritime
Activities.
Except in cases of fraud and
gross fault, neither the Chairman, nor the Executive Director, nor any of the
employees of the executive body of the DMA will, in the course of performing
their duties under this Law and the resolutions issued in pursuance hereof, incur
civil liability towards third parties for any act or omission committed by them
in connection with the performance of these duties. The DMA will be solely
liable to third parties for such an act or omission.
The Chairman of the Executive Council will
issue a resolution determining the acts that constitute violation of this Law
and the resolutions issued in
pursuance hereof, and the relevant penalties and measures to be imposed on violators.
The DMA employees nominated pursuant to a
resolution of the Executive Director will have the capacity of law enforcement officers
to record the acts committed in breach of the provisions of this Law and the
resolutions issued in pursuance hereof. For this purpose, they may inspect
the establishments authorised to conduct Maritime Activities in the Emirate;
inspect any Vessels; issue the necessary violation reports; and, where
necessary, seek the assistance of police personnel.
The DMA may, in accordance with the
legislation in force, delegate any of its functions under this Law to any
public or private entity in accordance with an agreement to be executed for
this purpose by both parties. This agreement will determine the rights and
obligations of the parties.
Except for the resolutions which the
Chairman of the Executive Council is exclusively authorised to issue under this
Law, the Chairman will issue the resolutions required for
implementing the provisions of this Law. These resolutions will be published in
the Official Gazette.
a.
This Law supersedes the above-mentioned Law No. (11) of
2007.
b.
Any provision in any other legislation is hereby
repealed to the extent that it contradicts the provisions of this Law.
c.
The regulations, resolutions, bylaws, circulars, and
instructions issued in implementation of the above-mentioned Law No. (11) of
2007 will continue in force to the extent that they do not contradict this Law,
until new superseding regulations, resolutions, bylaws, circulars, and
instructions are issued.
This Law will be published in the Official Gazette and
will come into force on the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 6 February 2023
Corresponding to 15 Rajab 1444
A.H.