Document: Law on Maritime, Fluvial and Lacustre Navigation
Type of document: Law
Date of issue: 06/07/2013
Number of Legal Instrument: 115
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 27/06/2016
Source: Official Gazette No 034 of 4 November 2013
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DEPUTY JUAN ESTEBAN LAZO HERNÁNDEZ, President of the National Assembly of the People's Power of the Republic of Cuba.
I DO KNOW: That the National Assembly of People's Power, at the Session of 6 July 2013, corresponding to the First Session of the Eighth Legislature, has approved the following:
AS FOR: The development of maritime, river and lake transport and the technical and economic requirements resulting from this has led to the adoption of International Conventions which guarantee the safety of human life in the sea, the facts and acts related to the navigation and the prevention of pollution of the marine environment, which forces our country to organize and update its legal system, adapting it to these transformations and requirements.
BY TANT: The National Assembly of People's Power, in use of the powers conferred upon it in Article 75 (b) of the Constitution of the Republic of Cuba, agrees to issue the following:
Law 115
LAW ON MARITIME, RIVER AND LAKE NAVIGATION
TITLE I
GENERAL PROVISIONS
CHAPTER I
SUBJECT MATTER AND SCOPE
Article 1. This Law is intended to regulate the general system of navigation in the Republic of Cuba, which includes the one carried out by the territorial sea and the inland waters, as well as in other maritime spaces adjacent to its sea. territorial jurisdiction in which it exercises jurisdiction and in accordance with the Treaties and International Conventions of which the Cuban State is a Party; its ancillary or related services, and the services of ships, vessels and naval vessels with commercial or non-commercial, scientific, tourist, sporting or recreational purposes, and to acts and acts related to maritime, river and lake transport.
Article 2.1.-National and foreign vessels, vessels, and naval vessels while remaining in the Cuban aquatic space are governed by this Law and its Regulations, and by the Treaties and International Conventions of which it is Part of the Republic of Cuba and they are applicable.
2.-National naval vessels, vessels and vessels are subject to the exclusive jurisdiction of the Republic of Cuba, which exercises it without prejudice to the compliance of the internal regulations of the coastal states, as to international law.
CHAPTER II
ARTICLE 3.-For the purposes of this Law and its Rules of Procedure, it is understood by:
(a) Inland waters of the Republic of Cuba: Those located inside the baseline from which the territorial sea is measured.
(b) Shipowners or vessels: a natural or legal person who is responsible for the operation of one or more ships, vessels and naval vessels, whether or not they are owned. For these purposes it is responsible for equipping them, providing them with a supply, keeping them in a state of navigability and providing them with an envelope, as well as representing them in the port in which they are located.
(c) Shipbuilding site: All floating construction which fulfils functions of complement or support to the activities carried out in the waters, such as floating dikes, floating cranes, patanas, pontoons and similar ones, including platforms floating or fixed.
(d) Gross tonnage: This is the expression of the total size of a given vessel in Moorson tons, equivalent to one hundred (100) cubic feet, which is represented only as gross tonnage in the quantity that results.
(e) Büque: All floating construction, employed in maritime, river and lake navigation of gross tonnage equal to or greater than 500.
(f) Captain: The natural person who exercises the command and direction of a ship and naval device, of gross tonnage equal to or greater than five hundred (500).
g) Captain of Port: The natural person who performs the direction of a Port Captaincy.
h) Capitania of Port: Organizational unit of the Ministry of the Interior that exercises the administrative legal functions assigned by this Law and contributes to the maintenance of the security and the internal order in the harbour marine field.
(i) Charger or board: natural or legal person required to deliver the cargo to the carrier at the place of origin, and to be received at the place of destination in the agreed quantities, forms and time limits, and to pay the price or freight corresponds.
(j) Naked Helmet: Mode of the chartering contract by which the charterer receives a ship, vessel and naval device in good condition of navigability, without endowment or victualling, assuming full possession, not so the property.
k) Dispatch: Administrative procedure before the Port Captaincy to officialize the entry and exit of the port of a ship, ship and naval vessel in navigation.
(l) Deactivation: The process by which the ship, vessel and naval device is inactive and unable to continue operating technically, but ensuring its safety, the absence on board of fuels, lubricants and oily residues, watertightness, cleaning and grubbing-up, as well as safety for navigation and protection of the marine environment.
(m) Scrapping: Action by which the ship, vessel and ship is cut into pieces that allow it to be turned into scrap.
n) Dotation: Set of persons enrolled in a ship, vessel and naval device, including Captain or Patron, officers, junior personnel and any other who fulfill a function on board.
(n) Embaration: All floating construction of gross tonnage less than five hundred (500) or of propellant power of its main machine of less than fifty (50) Kw.
(o) Recreational craft: The one for tourist, recreational and sporting activities.
(p) Enrollo and unrollo: Administrative procedure before the Port Captaincy for official recognition of the appointment or cessation of the endowment of a ship, vessel and naval device.
(q) Water space: The integrated water, river and lake waters under the jurisdiction of the Cuban State.
(r) Port facilities and hydrotechnical works: engineering works such as piers, spigons, vars, dry docks, buoys and other fields, constructed to facilitate the construction, repair and docking operations of vessels, vessels and naval artifacts, or to provide their protection, as well as to permit the safe transfer of goods or persons in them.
s) Territorial Sea of the Republic of Cuba: It has a width of twelve (12) nautical miles measured from the baseline, determined by the legislation in force.
(t) Maritime, river and lake navigation: In the future, the vessels, vessels and naval vessels in the territorial sea, the contiguous zone, the exclusive economic zone, the inland waters, the rivers, lagoons and reservoirs, to move from one point to another.
(u) Shipwreck: Loss of ship, vessel and ship by accident in the water accidentally.
(v) Pattern: Natural person who exercises the command and direction of a vessel and a naval device of gross tonnage less than five hundred (500).
(w) Innocent passage: The one that is carried out by the territorial sea of a State quickly and without interruption, and is not detrimental to the peace, good order or security of that State.
(x) Petium: Rest of a naval medium sunk totally or partially into a mass of water.
(y) Piloting: It is the exercise of advice from the Practical to the Captain or Patron of the ship, ship and naval device, during the navigation in a port, in the access channels and in the inland waters or territorial waters.
z) Practice: Service provided by the Practice to the captains and masters of ships, vessels and naval vessels, during the nautical maneuvers within the port.
(aa) Practical: It is the person, who is in possession of the appropriate title and corresponding appointment, is empowered to advise the captains and masters of ships, vessels and naval vessels in the navigation and maneuvers in the channels, ports, marinas and sea areas.
(bb) Major Practice: The person appointed by the Director of the National Organization of the Ports of the Republic of Cuba, selected among the practical ones who meet all technical, professional and experience requirements, that will allow him to provide the service in the largest type of ship that is operated in the territory in which the Practice Station exercises its management, and the Head of that Station.
(cc) Maritime pressure: Act of appropriation by a State of the ship or cargo owned by another State, either enemy or neutral, which penetrates a State of war.
(dd) Owner: Natural or legal person who has the enjoyment, dominion and free disposition of the ship, vessel and naval device.
(ee) Continuous Synoptic Register: It is the history of the ship that the Administration, in the case of Cuba the Ministry of Transportation, must issue to every national ship, established in Rule XI-1/5 of the International Convention for the Safety of Life Human in the Sea of 1974, of which the Republic of Cuba is a Party.
(ff) Auxiliary or related services: Those provided to the ship, vessel and ship, excluding radio communications services and those related to the use of radio spectrum.
(gg) Carrier: A natural or legal person who is obliged to carry the loads or passengers from their origin to the place of destination agreed upon, within the agreed time and conditions, in return for the payment or freight that corresponds.
(hh) Crew: A set of persons subordinate to the Captain or Patron, as the case may be, which are intended to serve all the services and functions on board the ship, vessel and naval device.
(ii) Contigua Zone: It has an extension of twenty-four (24) nautical miles counted from the baseline, from which the width of the territorial sea is measured, and is constituted by a zone of twelve (12) nautical miles contiguous to the limit of the territorial sea, as laid down in the legislation in force.
(jj) Exclusive Economic Zone: It is adjacent to the territorial sea extending up to a distance of two hundred (200) nautical miles measured from the base lines, from which the width of the base line is measured, and its external line shall be delimited by the agreements or conventions which the Republic of Cuba subscribes with the other coastal states which surround it, in accordance with the provisions of the legislation in force.
CHAPTER III
Article 4.1.-The National Maritime Authority is held by the Cuban State under its sovereign rights, in order to guarantee national interests in the maritime, river and lake areas, which includes the security of
human life in the sea and navigation, as well as goods, marine environment conservation, and the protection of ships, vessels, naval vessels and port facilities.
2. The exercise of this power is carried out by the Government of the Republic of Cuba, through the ministers of transport and the interior, in accordance with the functions assigned to it in this Law.
3.-It is also executed by the consuls of the Republic of Cuba accredited abroad, and the captains or skippers of the Cuban vessels, vessels and naval artifacts when they are in the waters of another State or in waters international.
SECTION FIRST
ARTICLE 5.-The following functions are the responsibility of the Ministry of Transport:
(a) to direct a policy of planned development and efficient provision of the services of maritime, river and lake transport and of its ancillary or related services in the territorial sea, the contiguous zone, the exclusive economic zone, the waters inland waterways, rivers, lagoons and reservoirs, in accordance with the rules of international law.
(b) Implement and control the safety, exploitation and conservation of the means and other equipment of maritime, river and lake transport, and their ancillary or related services, in accordance with the safety of navigation; protection of the marine environment and other aspects relating to maritime, river and lake activities.
c) Grant, limit, modify, suspend or cancel licenses and permits for the provision of the maritime, river and lake service operated by the state, non-state and cooperative sector, and its ancillary or related services, in the territorial sea, the contiguous zone, the exclusive economic zone, the inland waters, the rivers, lagoons and reservoirs.
(d) to regularly inspect all means of maritime, river and lake transport, and ancillary or related services throughout the national territory, as well as to exercise other functions of inspection and state control of maritime activity; river and lake.
(e) to organise and maintain services which are suitable for the safety and aid of maritime, river and lake navigation, except for hydrographic and geodetic work and the maritime signalling system.
(f) Implement and control the conditions and requirements for seafarers, as well as issue, suspend and cancel rebraking and fitness certificates in force.
(g) Chair of the Maritime Committee
(h) To provide, on behalf of the State and Government, the assistance and rescue of ships, vessels and naval vessels, which pose a danger to the safety of navigation and the marine environment in the waters.
(i) Represent the State and the Government in all matters relating to claims for damages to maritime, river and lake traffic, from ships, vessels and naval vessels.
(j) to lay down rules for the safety of sea, river and lake navigation, its ancillary or related services, as well as to monitor compliance and to issue the relevant certificates.
(k) Dictate how many safety measures are necessary for the prevention of marine, river and lake accidents and accidents.
(l) Represent the Cuban State to the International Maritime Organization, hereinafter the IMO, including the administration of the approved International Conventions within the IMO, contributing to its implementation and compliance, as well as exercising this representation in other international or regional bodies.
(m) Act as National Contact Point with the IMO on maritime security, and for such purposes:
Communicate and update the information that the Ministry of the Interior is contributing to it.
Send the Ministry of the Interior in due course, information on the matter received from the IMO, as well as the notifications on maritime protection of the authorities designated by other Contracting Governments; the new measures, regulations and events which, in the field of maritime security, promote the IMO and other international and regional organisations.
(n) Establish on board ships, vessels and naval vessels the regulations on the "Ship Protection Alert System".
(n) Implement the marking of the Permanent Identification Number, known as IMO Number, which establishes the Code of Protection of Port Ships and Facilities, hereinafter referred to as the ISPS Code, of the International Convention for the Safety of Life Human in the Sea of 1974 of which Cuba is a Party, with respect to ships, vessels, national naval artifacts, port facilities and hydrotechnical works.
(o) Exorder the Continuous Synoptic Register provided for in the International Convention for the Safety of Human Life in the Sea of 1974.
(p) To propose to the Government the foreign flag policy to be flown by vessels, vessels and naval vessels operated by Cuban natural and legal persons.
(q) To investigate the causes and conditions of marine casualties and events, in order to establish the appropriate measures to prevent them.
r) Participate in the Aeronautical and Maritime System of Search and Rescue of the Republic of Cuba, as Administrator of the International Conventions for the Safety of Human Life in the Sea of 1974 in its amended form, and on Search and Maritime salvage of 1979.
s) Be in charge of the National Maritime Register.
(t) Organise maritime traffic in the waters.
SECTION 2
ARTICLE 6.-The following functions are the responsibility of the Ministry of the Interior:
(a) To safeguard the internal order in the territorial sea, the contiguous zone, the exclusive economic zone, the inland waters, the rivers, lagoons and reservoirs of the Republic of Cuba and the port.
(b) Prevent, and prove necessary, unlawful acts that threaten the safety of navigation and the marine environment, and provide for and make effective the measures of detention and detention of persons or vessels, vessels and naval artifacts arranged by the competent authorities.
(c) to exercise control of navigation in the territorial sea, the contiguous zone, the exclusive economic zone, the inland waters, the rivers, lagoons and reservoirs of the Republic of Cuba, as well as to authorize the entry, permanence and exit of the vessels, vessels and naval vessels, in ports, anchorages and marinas and the landing of auxiliary means, in accordance with the regulations in force.
(d) Authorize the docking, undocking and anchorage of ships, vessels and naval vessels in port.
(e) Authorising the access of ships, vessels and naval vessels, nationals and foreigners with arms, explosives, toxic substances, flammable substances or special loads which carry out maritime traffic through the territorial sea, the contiguous zone, the exclusive economic zone and the inland waters of the Republic of Cuba, as well as in the ports and subports, applying the appropriate measures for their control.
(f) Propose to the Government the flag policy with national flag of ships, vessels and naval vessels, taking into account the regulations both in national and international order.
(g) To establish the regime of navigation, entry, permanence and departure of foreign pleasure boats by the Cuban territorial sea, ports and marinas, granting the corresponding Special Navigation Permit.
h) Participate in the investigation of the marine casualties and events occurring in the aquatic spaces of the Republic of Cuba.
(i) Implement measures for the protection of ships, vessels and naval vessels which have been wrecked or which pose a danger to the safety of navigation and the marine environment, or for which there are surts in ports, and those that are required in the face of natural disasters or any other contingency at sea.
(j) Coordinate actions for the search and rescue of endangered persons at sea, and for such purposes to establish cooperation with organizations in the coastal states.
k) Contribute to the development of surveillance and control measures on the spill or contamination of ships, vessels, and naval vessels, in port or during navigation through the aquatic spaces of the Republic of Cuba.
(l) prohibit and restrict navigation in aquatic spaces, in ports and in the sea, in order to ensure the safety of navigation, or where other circumstances so require in the interests of the security of the State and of the internal order.
(m) To direct the dispatch of ships, vessels and naval vessels at the entrance and exit of the port, and for such purposes to exercise their control.
n) Direct the National Register of Ships
Capitanies of Ports for the purposes of the registration and flag of the ships, vessels and national naval artifacts, also issuing the certification of the property of those destined for non-commercial purposes.
(n) Authorise the transfer of ownership of ships, vessels and naval vessels, owned by natural or legal persons, in accordance with the provisions of national law.
(o) Exorder permits for the construction, modification and repair of ships, vessels and naval vessels, as well as carry out technical and operational inspections during these processes.
(p) Organise and carry out the inspection and survey of ships, vessels and naval vessels.
(q) Authorize the shipment of minor vessels or naval artifacts by land and issue the corresponding permit, coordinating the actions and measures that correspond to their control.
r) Implement the regime of access to port terminals and ships, vessels and naval vessels, surts in the civil ports, issuing passes and credentials for such purposes.
s) Exorder the Special Navigation Permit for ships, vessels and naval artifacts, and natural persons who occasionally require it and apply to the Port Captaincy.
(t) Authorize national vessels, vessels and naval vessels to carry out activities other than those prescribed in their Certificate of Matriculation.
(u) To provide for the abandonment of ships, vessels and naval vessels and maritime findings.
(v) Authorising the envelope and unwinding of the national and foreign envelopes.
(w) Exorder, suspend and cancel the identity and travel documents of the Cuban seafarers and the foreign permanent resident in the national territory, as well as the Meat of the Sea, the Professional Fishing, the Permanent Navigation Permit, and others of special character that are required to be made to the sea.
(x) To control the titles of Cuban seafarers and to certify the books and diaries on board ships, vessels and national naval vessels, and foreign ones when they require them.
(y) To credit the national legal persons, joint ventures, international economic associations and foreign firms that develop their commercial activities in the aquatic spaces where Cuba exercises jurisdiction, for the purposes of carrying out the formalities established by the Port Captaincy.
z) Legalize and certify the minutes of protest by the Port Captaincy.
(aa) Approve the ballot authorizing the pilotage service.
(bb) Submit to the Ministry of Transport the information on maritime security to be sent to the IMO, as provided for in the ISPS Code.
(cc) To execute assessments and certifications on maritime security for ships, vessels, national naval vessels, port facilities and hydrotechnical works.
(dd) Implement the levels of maritime security applicable to ships, vessels and national naval vessels, according to the characteristics of the areas in which they sail, to port facilities and hydrotechnical works, and to the platforms of offshore drilling.
(ee) To provide information on alerts for the protection of ships, vessels and naval vessels, requests for advice or assistance in events affecting the maritime security of those sailing in the Cuban territorial sea; being the authority to which they can report any aspect of worrying protection about other vessels, vessels and naval vessels.
(ff) The notification by the Ministry of Transport on maritime security of the authority designated by other Contracting Governments of the International Convention for the Safety of Life in the Sea of 1974 for the adoption of the measures that correspond.
(gg) To control all ships, vessels and naval vessels in accordance with the provisions of the International Convention for the Safety of Life in the Sea of 1974 and its ISPS Code and to verify the compliance with the provisions for national naval vessels and vessels and port facilities and hydrotechnical works.
(hh) Authorising internationally recognised organisations to certify maritime security and provide advisory and evaluation services to national and foreign vessels, vessels and naval vessels, as well as to the port facilities.
(ii) Approve the programs of studies on maritime protection that are provided for the preparation of the protection officers and other Cuban crew members and of the heads, technicians and specialists of Security and Protection of the
national shipping lines and port facilities and hydrotechnical works, as well as to enable the teaching centres and teachers to give these programmes to ground staff.
(jj) to monitor and, where appropriate, to enforce the application of maritime security measures to national and foreign vessels, vessels and naval vessels, and port facilities and hydrotechnical works;
as well as those national and foreign media not bound by the ISPS Code, when they are vulnerable to the occurrence of unlawful acts.
(kk) To collaborate with the competent bodies and institutions of the State and the Government in the coordination of alternative agreements on maritime protection with other States.
(ll) Control all means of maritime, river and lake transport, as well as exercise the functions of state inspection and control.
Article 7.1.-For the exercise of the National Maritime Authority, the territorial sea, the inland waters, the rivers, lagoons and the Cuban reservoirs, they are divided into administrative jurisdictions of the Ports of Ports, which are established by the Ministry of the Interior.
2.-The Ports of Ports are constituted in those ports authorized for the national or international maritime traffic, that have the volume of traffic and level of the activities of character registration and commercial required.
3.-In ports, port facilities, marinas, and other locations within the jurisdiction of a Port Captaincy, a Captaincy Post can be established at the disposal of the Ministry of the Interior.
TITLE II
CHAPTER I
ARTICLE 8.-To all legal effects, national ships, vessels and naval vessels are considered to be individualized by name, port, number of registration number, and flag held; attributes that are acquired once they are registered in the the National Register of Ships of the Port Captaincy.
SECTION FIRST
Article 9.1.-The Ports of Ports are responsible for the registration of vessels, vessels and national naval vessels, regardless of the activity they carry out, for the purposes of:
(a) Matriculation in the port which is considered to be its domicile.
(b) Grant Cuban nationality and thereby the right to fly the national flag and be considered a Cuban territory.
2.-These attributes subject vessels, vessels and naval vessels to the jurisdiction of the flag State, both in the domestic order of the country, and in international waters or the courts of another State.
3.-The formalities relating to the acts referred to above are laid down in the Regulation.
SECTION 2
Article 10.1.-National naval vessels, vessels and vessels are registered at the request of their owner, in the National Register of Ships of the Ports of the Ministry of the Interior, for the purpose of obtaining the
attributes referred to in the preceding article, in a term not exceeding 30 calendar days from their construction or acquisition.
The registration in this Register is equivalent to the certification of the ownership of ships, vessels and naval vessels destined for non-commercial purposes, as well as those exploited for these purposes on a temporary basis.
2.-In the case of ships, vessels and national naval vessels that are commercially exploited, the registration in the National Registry of Ships of the Port Captaincy is a prerequisite for registering them in the Register
National Maritime in charge of the Ministry of Transport.
3.-The acts and documents established by this Law and other provisions of the Ministry of the Interior, in order to have effects before the National Maritime Registry of the Ministry of Transport, must be registered in advance National Register of Ships of the Port Captaincy.
Article 11.1.-They may be registered as nationals and fly the Cuban flag, vessels, vessels and naval vessels owned by:
a) Cuban natural persons domiciled in the Republic of Cuba.
(b) Cuban legal persons formed in accordance with Cuban laws.
c) Foreign natural or legal persons, with permanent residence in the Republic of Cuba.
2. The following are also considered to be national ships, vessels and naval vessels, and are registered on their own initiative:
(a) Abandoned within the Cuban territorial sea, as provided for in Article 20 of this Law.
(b) The confiscated or confiscated by the Cuban authorities.
c) The sea dam.
3.-The Captaincy of Port grants the certificate of registration to every ship, vessel and naval artifact registered in its Registry, giving faith of its registration in the list of registered registration. This certification is part of the ship's documentation, ship and ship and remains on board duly preserved.
SECTION III
Article 12.1.-The Consul of the Republic of Cuba, at the request of the Cuban shipowner or ship resident permanent resident in the national territory, may issue a document known as a pasavante that allows the vessel to be provisionally registered with the Cuban flag, ship and naval device built or acquired abroad, for the sole purpose of arriving in Cuba to formalize its registration and definitive flag.
2.-The provisional flag-bearer under Cuban flag to foreign merchant and fishing vessels chartered by Cuban entities and other foreign vessels, as well as the provisional flag-bearer under foreign flag to merchant and foreign vessels. Cuban-chartered fishing for non-nationals, are governed by the provisions of the legislation in force.
3.-The provisional flag-bearer under Cuban flag for foreign vessels and naval vessels chartered by Cuban entities, as well as the flag-bearer under foreign flags to Cuban naval vessels and vessels chartered for non-Cuban vessels. rules, are governed by the provisions of the Regulation.
4.-The definitive registration of a Cuban vessel, vessel and naval device, under a foreign flag, requires the approval of the National Maritime Authority and is processed through the Ministry of Transport, as regulated in the Regulation.
CHAPTER II
Article 13.1.-The National Maritime Registry of the Ministry of Transport is responsible for the registration of national vessels, vessels and naval vessels that are exploited for commercial purposes by Cuban legal persons and persons. The title of ownership of these naval means is the title of this inscription.
2.-They do not produce effects against third parties acts and documents which under this Law and other regulatory provisions dictated by the Ministry of Transport, must be registered in the National Maritime Register and do not meet this requirement.
3. Registration in the National Maritime Register does not exempt vessels, vessels and naval vessels from entering other public records that may be required. The procedure for registration and casualty in this Register is established in the Regulation.
Article 14. To cancel the registration in the National Maritime Register for the temporary discharge of a ship, vessel and naval device subject to a charter contract, it is required to officially certify that the applicable foreign law permits the provisional flag, or, where appropriate, the administrative provision authorising the flag-bearer.
TITLE III
CHAPTER I
Article 15.1.-The ownership of ships, vessels and naval vessels can be purchased by construction, maritime dam and abandonment. In addition, the forms laid down in national legislation are applicable to it.
2.-The acquisition of a ship, vessel and ship and any changes in ownership or any charge on it must be stated in public document and contain the elements of the individualization of the ship, vessel and naval device, and to register in the National Register of Ships of the Ports of Ports and in the National Maritime Register, as appropriate, to have effects against third parties.
3. The transfer of ownership of any vessel, vessel and naval vessel of Cuban nationality, is dealt with in the Port Captaincy and when it comes is entered in the National Maritime Register, in accordance with the procedure established in the Regulation.
4.-In the case of the sale of the ship, vessel and naval device, any contract between the shipowner or ship with the Captain or Patron is terminated, reserving to them their right to the appropriate compensation, as agreed in the contract.
5.-The Captain or Patron cannot acquire by prescription the ship, vessel and naval device that it commands.
SECTION ONLY
ARTICLE 16.-The embargo of a ship, vessel and naval device, is governed by the provisions of the national legislation in force and the International Conventions on the matter, of which the Republic of Cuba is a Party.
CHAPTER II
Article 17.1.-The co-owners of a ship, vessel and naval device choose the naval manager to represent them, whose appointment is revocable at the will of the co-owners, who enjoy the right of tanteo and retract in the sales made to third parties.
2. All the co-owners are obliged, in the proportion of their respective property, to the costs of repair of the ship, vessel and naval device and to the other expenses that are carried out by virtue of agreement of the majority. They also respond, in equal proportion, to the costs of maintenance, equipment and the pursuit of the ship, vessel and naval device, which are necessary for their exploitation.
CHAPTER III
Article 18. A ship, vessel and foreign naval device may be abandoned in favor of the Cuban State by express manifestation of its holder, or by the Administrative Declaration of the National Maritime Authority.
ARTICLE 19.-For the purposes of this Chapter, foreign vessels, vessels, and naval vessels located in the territorial sea or inland waters of the Republic of Cuba, or in any of its port facilities, are hereby submitted to the that fact only, to your jurisdiction.
ARTICLE 20.-The National Maritime Authority may declare the administrative abandonment of a ship, vessel and naval device, for one of the following causes:
(a) remain in port outside commercial operations and without a minimum security provision for a period exceeding 10 (10) calendar days and without applying for the authorisation of temporary mooring or anchorage, or outside the limits of a port by a period exceeding thirty (30) calendar days.
(b) Not be put into service, once the time limits or extensions of the temporary anchorage or anchorage that have been authorized by the Port Captaincy have been fulfilled.
(c) When the actions necessary for their assistance or rescue are left stranded or frozen, the nautical and technical management of the medium or failing to do so shall not be removed within the time limit laid down by the Captaincy de Puerto.
(d) Any action or omission which demonstrates the disinterest of its owner, owner or vessel for continuing to exploit it nautical and commercially.
ARTICLE 21.1.-When the Captaincy of Port is known that a ship, vessel and naval device has incurred in any of the causals provided for in the previous article, it immediately informs the Ministry of Transport when the naval means commercially exploit, and the Ministry of the Interior in the case of non-commercial ones, and proceeds to enable the corresponding Abandonment Expedition, in the terms and formalities laid down in the Regulation.
2.-The Port Captaincy notifies the owner of the naval means, directly or through the consignee, and the flag State, the Enablement of the Abandonment Expedition. On the basis of this notification, the owner of the naval means has a term of twenty (20) calendar days to be personified before that authority, by itself or by proxy or legal representative, and eliminate, at its cost, the cause of abandonment in which the naval environment is found.
ARTICLE 22.-If by the location of the naval means to which the Abandonment Expedition has been initiated, this constitutes an obstacle or danger to the safety of the navigation, for the port operations, the fishing or other activities related to inland waterways, or represents an imminent or potential risk of pollution of the marine environment; the National Maritime Authority, through the Ministry of Transport or the Interior, as the case may be, has its temporary transfer to the place where it does not represent such an obstacle or danger, running on behalf of the owner the costs which this action generates.
ARTICLE 23.-The owner whose ship, vessel and naval device is in the situation described in article 20 (c) of this Chapter, and it is not possible to assume the cost of the actions of assistance, rescue or removal
It can declare the voluntary abandonment of the naval means in favor of the Cuban State before the National Maritime Authority, prior to the consent of the latter.
ARTICLE 24.1.-The administrative abandonment of a ship, vessel and naval device, proceeds when the term provided for in Article 21.2 has been determined, without its owner having satisfied the requirement made by the Captaincy of Port.
2.-The Administrative Declaration of Abandonment is decided by Resolution by the Maritime Authority, in which the entry of the naval means to the patrimony of the Cuban State is available by virtue of an act of sovereignty, with express pronouncement of its final destination most useful. It is published in the Official Gazette of the Republic and is communicated to the flag State of the naval environment.
3.-Against this Resolution, no recourse or complaint is made in administrative or judicial matters.
Article 25. The abandonment of ships, vessels and naval vessels imported temporarily, is governed by the provisions of the legislation in force in this field.
CHAPTER IV
ARTICLE 26.1.-Natural or legal persons engaged in the construction, modification or repair of ships, vessels and naval vessels, to carry out such works must have the License of Operation of the Transport
issued by the Ministry of Transport and accredited to the Port of Port of its jurisdiction.
2.-Each construction, modification or repair of ships, vessels and naval vessels, as well as each installation, repair and removal of the propulsion machines or any other equipment, requires the prior authorization or permission of the Captaincy de Puerto.
3.-The plans for the construction or modification of ships, vessels and naval vessels of Cuban flag and those of foreign flag belonging to Cuban shipping entities located in the national territory, must be previously approved by organisations recognised by the Ministry of Transport and during their implementation are subject to the relevant tests, inspections and verifications.
ARTICLE 27.1.-National vessels, vessels and naval vessels that are acquired, repaired or modified abroad must meet the technical requirements established for their registration in the National Register of Ships Capitanies of Ports.
2.-The registration data of vessels, vessels and national naval vessels that undergo modifications as a result of their repair abroad, are subsated by the shipowners or vessels of those means, before the National Register of Ships of the Port Captaincy and the National Maritime Register.
Article 28. The technical security and administrative requirements to which the construction, modification or repair of a ship, vessel and naval device must be adjusted, depend on their future tonnage and employment, as well as the characteristics of the navigation to be performed. These requirements are laid down in the Regulation and, in the event of non-compliance with the Ministry of Transport and the Port Captaincy, may paralyse such works or prohibit navigation, without prejudice to the civil or criminal liability arising from such work. facts.
ARTICLE 29.-The provisions of the preceding articles are applicable to the construction, modification, installation, repair and removal of the main propulsion machines or any other equipment, the results of which affect the
parameters under which ships, vessels and naval vessels were registered in the National Register of Ships of the Port of its jurisdiction and in the National Maritime Register.
ARTICLE 30.-Cuban legal persons engaged in the construction, repair and maintenance of equipment and means required for the performance of the safety standards of human life at sea, navigation and the prevention of pollution of the marine environment, must be approved by the competent body, and comply with the Cuban norms and those that in this respect establish the International Conventions of which the Republic of Cuba is a Party.
CHAPTER V
Article 31.1.-The deactivation and scrapping of a ship, vessel and naval device, is authorized by the Ministry of Transport and communicates by the Ministry of the Port of its jurisdiction.
2.-In the case of the scrapping, the owner or whoever is in charge of the operation of the ship, vessel and naval device, must constitute sufficient guarantee to cover the expenses for the cleaning and recovery of the aggressions to the area where carry out, and other damages which may be caused. This guarantee is a prerequisite for the start of the scrapping work.
3. The deactivation and scrapping of a vessel, vessel and naval vessel, sunk or stranded, are governed by the provisions of the Regulation.
ARTICLE 32.1.-The authorization referred to in the previous article does not proceed when the deactivation or scrapping of the ship, vessel and naval device, as appropriate, affects the interests of creditors, their owner or those who exploit it commercially.
2.-The Ministry of Transport and the Port Captaincy, audit the security measures during the execution of the actions recorded in the previous article, being able to order their stoppage when they check that their execution does not conform to The provisions of the Regulation.
SECTION ONLY
ARTICLE 33.-The Port Captaincy authorizes the berthing or temporary anchorage of ships, vessels and naval vessels, for their stay in port out of commercial operations, but with the minimum safety envelope on board and whenever not the port services are detrimental.
ARTICLE 34.1.-After the period allowed for the mooring or anchorage or the extension of its extension in the event of its being granted, and the ship, vessel and naval device is not put into service again; the Port Captaincy, ex officio or at the request the administrator of the port terminal where the medium is located or anchored, has its trailer at the place to be determined by the Ministry of Transport, heard the opinion of the Ministry of the Interior. The costs of the trailer are on behalf of the shipowner or vessel.
2.-The same determination is taken if, during the authorized period, the vessel, vessel and ship is in danger of sinking or constitutes an obstacle to port operations.
3.-The order of towing is not complied with, it is necessary to deal with the declaration of administrative abandonment of the naval means in accordance with the provisions of article 20 (b) of this Law.
CHAPTER VI
SECTION FIRST
Article 35.1.-National naval vessels, vessels and vessels must meet the security conditions provided for in the Cuban legislation and the International Conventions applicable to them, as well as those that are established complementarily.
2.-These security conditions are determined by the Ministry of Transport, in correspondence with the service provided by such vessels, vessels and naval vessels, and the characteristics of the navigation they carry out.
ARTICLE 36.1.-The Ministry of Transport issues to the national ships, vessels and naval artifacts the safety certificates in accordance with the provisions of the previous article, as a record of compliance with the conditions technically satisfactory for the safety of human life in the sea and navigation, and for the prevention of pollution of the marine environment, after carrying out the established tests and inspections.
2.-It may also authorize technically recognized Cuban or foreign institutions to carry out such inspections and verifications, and to issue on behalf of the Cuban State the previously mentioned government certificates, which must be accredited to the Port Captaincy.
3. Unless proof to the contrary, it is assumed that a ship, ship and naval device, with the safety certificates in force, meets satisfactorily with the safety requirements that allow it to be made to the sea.
SECTION 2
ARTICLE 37.1.-National ships, vessels and naval vessels must satisfy the maritime security measures provided for in the International Conventions applicable to them, as well as those laid down in the Regulation.
2.-The Ministry of Transport establishes the regulations on the system of alert for the protection of the ship and the marking of the permanent identification number, as well as exrequests the Continuous Synoptic Registry to the ships, vessels and artifacts Cuban flag naval.
ARTICLE 38.-The Ministry of the Interior authorizes recognized protection organizations to certify maritime security and its advisory and evaluation services, on ships, vessels and naval vessels flying the flag of (i) the Commission's request for a Regulation on the application of the provisions of the
ARTICLE 39.-The maritime security measures and the level of protection applicable to national naval vessels, vessels and vessels, as well as national port facilities, are determined by the Ministry of the Interior.
SECTION III
ARTICLE 40.1.-The Ministry of Transportation inspects the general condition of national vessels, vessels and naval vessels wherever they are located, that of foreigners in the waters of the Republic of Cuba, as well as its equipment and endowment, it checks the validity of the certificates and documents established in the International Conventions and in the national legislation relating to compliance with the standards of safety of human life at sea, safety for navigation and the prevention of pollution of the marine environment.
If the inspection proves that the ship, vessel and ship's equipment does not comply with the requirements set out above, the naval means can be stopped until the detected deficiencies are resolved.
2.-The Port Captaincy at the time of the visit or the dispatch of ships, vessels or naval vessels, also performs the recognition of the certificates and documents previously stated, informing of the deficiencies observed, the inspectors of the Ministry of Transport to proceed as laid down in the Regulation.
3.-The Port Captaincy inspects national and foreign vessels, vessels and naval vessels in the waters of the Republic of Cuba, regarding compliance with the ISPS Code and other security interests. of the State and the internal order.
4.-When the Port Captaincy, during an inspection checks that the Captain, the crew or the ship do not comply with the provisions of this Law or its Regulations or other national provisions relating to maritime, river and sea navigation lacustré, may interest the relief of the offenders, as well as prevent the ship, vessel and naval device from sailing until the causes and conditions that have caused the detected deficiencies are not eliminated.
5.-The Ministry of Communications inspects Cuban and foreign vessels, vessels, and naval vessels in compliance with national standards for the use of radio stations and the use of radio spectrum. radio, as well as those contained in the International Conventions on the subject of which the Republic of Cuba is a Party.
Article 41.-Shipowners or vessels, captains, skippers and crew members of vessels, vessels and national naval vessels and of foreign nationals in Cuban ports, are obliged to recognize the authority of the inspectors. Ministry of Transportation and Port Captaincy, as well as:
(a) Facilitate the inspections and inspections carried out by them.
b) Auxiliary their actions and provide them with the data and reports they require.
c) To order and execute the maneuvers that are indicated to them, adopting the measures so that the safety of the personnel on board, of the naval means, of the cargo, and of the port facility and hydrotechnical work is not exposed.
Article 42.1.-If an infringement of the provisions of the preceding articles is observed, the departure of the ship, vessel and naval artifact, is subject to the result of its reinspection in this respect, and the expenses that this time is assumed by the the shipowner or the vessel or its representative at the port of inspection.
2.-Where the offender is a foreign vessel, vessel and ship and is established, the formalities laid down in the Regulation shall be released after completion, unless there is a risk of considerable damage to the marine environment, What should be communicated immediately to the Consul or to the authorities of the flag State of the naval environment, through the Ministry of Foreign Affairs.
CHAPTER VII
ARTICLE 43.-The National Maritime Authority is responsible for enforcing the preventive measures in the Cuban waters on environmental pollution, established in the legislation in force and in the Conventions. International of which Cuba is a Party.
Article 44.1.-The contamination of the waters under the Cuban jurisdiction by which the ships, vessels and naval artifacts are navigated, is prohibited as a consequence of the operation of the same understanding as such
Produced by the discharge into the sea of solid and liquid waste, oily mixtures, bilge waters, semi-solid sludges and ballast, or by spillage, discharge or any equivalent act of substances or materials which are carried as loads or of the hydrocarbons contained in the consumption tanks.
2.-The captains and skippers of ships, vessels and naval vessels must communicate with immediacy to the Captaincy of Port of the jurisdiction corresponding the acts of pollution that come from the naval means to their command or other of the they are aware, when they occur in the waters over which the Cuban State has jurisdiction or having been caused outside the jurisdiction, to affect them. The Port Captaincy that receives the communication of the pollutant event is in the obligation to place it in the knowledge of the competent agencies for the exercise of the corresponding legal and response actions, according to the Environmental legislation in force.
3.-The requirement of liability for damages arising from the pollution referred to in paragraph one is governed by the provisions contained in the respective chapter of this Law, without prejudice to the criminal liability in which the which caused the contamination.
CHAPTER VIII
SECTION FIRST
ARTICLE 45.1.-The privileged credits follow the ship, ship and naval artifact, whatever the possession to this pass.
2.-The maritime privileges on ships, vessels and naval vessels, give the creditor the right of preference to charge his credit, in relation to the other creditors, according to the following order:
(a) the legal costs due to the State, and expenses incurred in the common interest of the creditors, in order to preserve the ship, vessel and ship, or to manage its sale, pilotage or other rights of ports and expenses of the same character, expenses surveillance and preservation of the ship, vessel and naval device from its entrance to the last port.
(b) Claims arising from work contracts with the Captain or Patron, the crew or any other person employed on board.
(c) the remuneration for assistance or rescue and the contribution of the ship, vessel and ship to the gross breakdown.
(d) Indemnities for boarding or other marine casualties, as well as for damage to port facilities, hydrotechnical works, and inland waterways.
e) Compensation for personal injury to passengers or crew.
(f) Compensation for loss or damage to cargo or baggage.
(g) claims arising out of contracts concluded or acts effected outside its port of registration, provided that such contracts or acts are necessary for the preservation of the ship, vessel and ship or for the continuation of the travel, whether or not the Master or Master is the owner of the claim or of the suppliers, repairers, lenders or other contractual creditors.
3.-The maritime privileges shall be extinguished for a period of one year from the date on which they become due, unless an action has been exercised in the light of the seizure of the ship, vessel and naval device. The extinction of maritime privilege does not imply that of the credit or compensation to which it has taken place.
ARTICLE 46.-The ship, vessel and ship under construction grants the creditor a right of retention on the object under construction, until the total settlement of the debit.
This privilege is not extinguished by the transfer of the property.
SECTION 2
ARTICLE 47.1.-They have maritime privileges on the goods transported, the credits coming from:
a) The customs duties that correspond to the place of the unloading, and the customs duties in tax zones.
(b) Legal expenses incurred in the common interest of creditors.
c) The removal of shipwrecked goods.
(d) the reimbursement of expenses and remuneration for the assistance of persons or for the rescue of the ship, vessel and ship, in which payment the burden and contribution to the gross breakdown must be involved.
(e) Freight and other credits arising from the contract of carriage, and the costs of loading, unloading and storage.
f) The amount of the debt incurred by the Captain or Patron on the charge, in the case of lack of funds to continue travel, and that in that port he cannot contact, by any means, with the shipowner or the ship or his agent.
2.-The maritime privileges on the goods transported are extinguished if the action is not exercised in the course of thirty (30) days, from the date on which it ended its discharge and provided that those have not legitimately passed to power of third parties.
3.-Initiate the unloading, the carrier cannot retain the goods on board because the freight has not been paid, but can ask the competent judicial authority to be guaranteed on this one. In any event, the carrier must deposit the goods in a place that does not harm the port services and at the expense of the owners of the cargo.
CHAPTER IX
ARTICLE 48.1.-Ships, vessels and naval vessels, including those under construction, are considered immovable property only for the purposes of being able to constitute the naval mortgage on them.
2.-The naval mortgage subject, directly and immediately, to the ship, vessel and naval vessel taxed, to the fulfilment of the obligation for whose safety has been constituted, whatever the possessor.
3. To constitute a naval mortgage, it is necessary to have the free disposition of the good, being able to appear in itself, or by means of proxy with sufficient power for its granting. It may be in favour of certain natural or legal persons, or their order, or through the issuance of individual titles or bearer and also in favour of the State.
4.-The co-owner of a ship, vessel and naval device, cannot mortgage separately its part in it, if it does not represent more than fifty (50) percent of the same or, in its defect, without the consent of the condomino that represents that majority.
ARTICLE 49.-The constitution of the naval mortgage will be made in accordance with this Law, and it is recorded in public deed granted to Notary, it is inscribed in the National Maritime Register for the case of the ships, boats and naval artifacts for commercial purposes, and in the National Register of Ships of the Port Captaincy for those means that do not respond to such purposes. When it is established abroad, it must be granted to the Cuban Consul or to the competent authority.
ARTICLE 50.1.-The transmission of the naval mortgage of any kind that is, is regulated by the general precepts that are applicable to it, but any cession or transfer of the naval mortgage credit must be registered in the National Register of Ships the Captaincy of Port and in the National Maritime Register, so that the beneficiary can demand his payment.
2.-The order of precedence of the mortgage credits is determined by the order of their registration in the aforementioned registers.
3.-They have preference for the mortgage loans which are constituted, the following:
a) The rights of piloting, tonnage or berthing and other ports, and the salaries due to the Captain or Patron and crew, accrued those rights and these salaries in the last voyage of the ship, ship and naval artifact.
(b) the amount of the insurance prizes for the vessel, vessel and ship and the allocation for the last year.
(c) the tax obligations to be met by the owner of the ship, vessel and ship, on the basis of the last voyage of this or the year immediately preceding it.
(d) the reimbursement of the effects of the shipment sold by the Captain or Patron to repair the ship, vessel and ship, provided that the sale is ordered by a judicial order, concluded with the formalities required in such cases and recorded in the certification of the vessel, vessel and naval vessel registration.
(e) the compensation payable to the shippers for the value of the cargo taken on board which has not been delivered to the consignees, or for any damage suffered by the ship, vessel and ship, provided that both are in judgment judicial or arbitration.
(f) The amount of the gross breakdown which corresponds to the owner of the vessel, vessel and ship, by the last voyage.
(g) the litigious rights or claims which before the mortgage registration were previously recorded in the National Maritime Register or in the National Register of Ships of the Port Captaincy, as appropriate, by virtue of a command where they are recognised in an enforceable or in a transaction granted or approved by all the parties concerned.
4.-For the amount of the gross breakdown referred to in paragraph (f) of the preceding paragraph, the preference given to it is necessary:
(a) the form set out in the Regulation has been carried out;
(b) the costs incurred and the damage caused are the result of the gross breakdown.
c) That the justification for the gross breakdown has always been made with the intervention of the Cuban judicial authority or the Cuban Consul, if any, or in its absence by the local authority. The result is recorded in the certification of the property registration that the Captain or Patron must carry.
(d) that the breakdown of the breakdown has been carried out in accordance with the provisions of the Regulation.
Article 51.-Cuban financial institutions have the right to purchase mortgage securities, by paying their value to the owners, when they decide to sell them for any reason, transfer or transfer their value. domain.
ARTICLE 52.-The other formalities and requirements to be fulfilled in the mortgage contract, as well as the requirements for their registration in the corresponding registers, are established in the Regulation.
TITLE IV
CHAPTER I
Article 53.1.-The natural or legal person who meets the following requirements may be a Cuban shipowner or vessel:
a) To be constituted under Cuban laws, in the case of legal persons.
(b) being domiciled in the national territory.
c) Be registered in the National Register of Ships of the Port Captaincy.
d) Possession of the Transport Operation License.
ARTICLE 54.1.-The shipowner or vessel who assumes the exploitation of a ship, vessel and naval device under a contract of chartering to the naked hull, must declare it to the National Register of Ships of the Captaincy of
Port, and once such chartering mode ceases, request the discharge of your registration as such in that Register. The request for a discharge can also be made by the owner of the ship, vessel and naval device.
2.-If the declaration is not made, the owner, the shipowner or the vessel are jointly and severally responding to the obligations of any nature arising from the operation of the ship, vessel and naval device.
ARTICLE 55.-The owner, owner or ship of the ship, vessel and naval device, are civilly responsible for the acts of the Captain or Patron, and of the obligations contracted by them for the exploitation of the naval means.
CHAPTER II
ARTICLE 56.1.-Ships, vessels and naval vessels have a Captain or Patron, which is the highest authority on board and all persons on board are under his command; being responsible for the naval means, even if he is not on board, its crew, passengers, cargo, documentation, and the legal acts it carries out as such. Its functions, duties and obligations are laid down in the Regulation, in the internal rules of the merchant navy and in the International Conventions of which the Republic of Cuba is a Party.
2. Being in international waters and representing the Cuban State, the Captain or Patron of a ship, vessel and naval device, has the public registry, notarial and judicial functions described in the Regulation.
ARTICLE 57.1.-The Captains and Patrons of Cuban vessels, vessels and naval vessels, must have Cuban citizenship and have the necessary expertise and technical competence to send and direct the ship, vessel and naval device. which is entered by the certificates and other documents required for that purpose. When it is exceptionally necessary to employ foreign captains and employers, they must be authorized by the Ministry of Transport and have the technical expertise and competence identified.
2.-Captains and skippers without the consent of the shipowner or vessel cannot be replaced by another person, and if they do so, in addition to being responsible for all the acts of the substitute, they are obliged to the indemnities that proceed in such sense.
CHAPTER III
ARTICLE 58.1.-Every member of the crew of a ship, vessel and naval device must have the technical and practical competence required in the national legislation and in the International Conventions of which the Republic of Cuba, and not be disabled for the performance of its position, which is credited in the documents established in those provisions.
2.-The shipowner or vessel determines the number of persons who make up the crew of the vessel, vessel and ship, for operation and maintenance, which may not be less than the minimum required by national regulations and international. The Captain or Pattern can form the crew, when the shipowner or ship is ordered, or when they are unable to do so for some reason.
3. All crew members are subject to the provisions applicable to the merchant navy in respect of their duties, duties and duties.
SECTION FIRST
ARTICLE 59.1.-The officers respond to all the damage caused to the ship, vessel and naval device and to the cargo, due to its negligence and impericia, without prejudice to the criminal responsibility to which it has taken place.
2.-Officers comply with orders that are settled by the Captain or Patron in the Book of Orders of the ship, ship and naval device, as well as the orders assigned to them by the latter.
ARTICLE 60.-The First Officer of Bridge replaces the Captain in the cases of absence, illness or death of the latter, assuming his functions, duties and duties.
ARTICLE 61.-Every ship and naval device of a gross tonnage equal to or greater than five hundred (500), has a Guard Bridge Officer who acts on behalf of the Captain and responds to him for the safety of the environment, order and discipline on board, and the fulfillment of the orders received; being empowered to require the assistance of all the personnel on board, both in routine and emergency operations. During the course of the navigation, this Official cannot change the course of the ship and the naval device, without the consent or order of the Captain, except in case of a fully justified emergency.
SECTION 2
ARTICLE 62.1.-To any ship, vessel and national naval device the Ministry of Transport assigns a minimum endowment to guarantee the safety of the navigation and the operation of this, as well as the prevention of the contamination of the environment marine environment.
2.-The elements to be considered in the minimum safety envelope are regulated in the Regulation.
SECTION III
ARTICLE 63.1.-The Ministry of Transport, in the name of the Government of the Republic of Cuba, has the administration, implementation, implementation and control of the International Convention on Standards of Training, Titulation and Guard for the People of the Sea, in its As amended, and for these purposes it supervises that the training and certification of seafarers in training, retraining and maritime training centres are in accordance with the necessary requirements, without prejudice to the requirements laid down by the Member States. ministries of the Revolutionary Armed Forces, Higher Education, Education, and Communications.
2.-It also supervises on board ships, vessels and naval vessels, maritime competence and the physical fitness of the captains, employers, officers and subaltern personnel for the performance of their functional duties; (a) on-call service and breaks, as well as the fact that the employing agencies comply with and enforce the requirements laid down in the Convention referred to in the previous paragraph.
ARTICLE 64.1.-The Ministry of Transport makes, issue, suspends, returns and annuls the endorsement of maritime titles, to captains, employers and officers, document that endorses the updating of maritime competence and physical fitness for navigate.
2.-All persons who are enrolled in ships, vessels and naval vessels are obliged to carry the originals of the certificates and certificates that guarantee their maritime competence.
Captains, employers and officers are also obliged to carry the endorsement of maritime titles.
ARTICLE 65.-The Ministry of the Interior endorses the certificates of the maritime competence of the captains, employers, officers and junior staff, issued by the training centers as constancy that these persons, as well as being duly entitled, have updated such competence and are physically fit to navigate.
SECTION 4
Article 66.1-The Ministry of the Interior, in accordance with its regulatory provisions, establishes, issue, suspends, returns, and annuls the identity documents of the Cuban seafarers.
2.-The Cuban sailors, being wound up in ships, vessels and naval vessels to carry out maritime, river and lake navigation, are obliged to carry the identity documents of the seafarers.
3.-The enrolos and desenrolos of the seafarers are dealt with in the Capitania of Port, prior to the completion of the formalities established by this one.
Article 67.-The identity documents of the Cuban seafarers must contain all the data established in the national rules and in the International Conventions applicable to them from which the Republic of Cuba is a Party, in addition to the certification of maritime competition and the registration of service at sea.
CHAPTER IV
Article 68. The agent of the maritime trade is the Cuban legal person acting on behalf of the shipowner or ship in his capacity as representative and president in respect of the ship, vessel and naval device, as well as the cargo. You can also assist the Captain or Patron in the acts and démarches entrusted to you, with the exception of the acts of administration to obtain the dispatch of the naval means and other permits necessary for its operation.
ARTICLE 69.1.-The consignee is the agent who is responsible for acting on behalf of the shipowner or vessel, in the operations relating to the shipping and cargo in the port of entry, as his representative to the authorities maritime or port, being able to carry out the functions that are available in the
Regulation.
2.-For the operation of ships, vessels and naval vessels in Cuban ports, any shipowner or national or foreign vessel must designate a consignee.
3.-The recreational craft in tourist, sport, fishing, and other functions, by the activity they perform are represented by the administration of the own entity where they are based; except those which by provisions of the Ministry of Transport requires the designation of the consignee.
TITLE V
CHAPTER I
SECTION FIRST
ARTICLE 70.1.-The arrival at the Cuban commercial ports is open, in time of peace, for the ships, vessels and naval artifacts of any State, in the terms of this Law and the International Conventions that are This may be denied when there is no reciprocity with Cuban vessels, vessels and naval vessels in this regard, or other circumstances that require it.
2.-In the bays, ports and other restricted waters, the maximum speed of navigation permitted to ships, vessels and naval vessels, is the one that guarantees their safe government and the safety of navigation, as established in the provisions issued or issued for the purpose by the Ministry of Transport.
ARTICLE 71.1.-The Ministry of Transport and the Port Captaincy, for reasons of safety of navigation or when it is required by the public interest, may restrict or prohibit the navigation, the entry and exit of port or the permanence of vessels, vessels and naval vessels in certain areas of the waters.
2.-In the area of beaches and in those areas reserved for the bathers, the navigation in the security zone of two hundred (200) meters, next to the coast, is prohibited.
ARTICLE 72.-Foreign vessels, vessels, and naval vessels sailing in the maritime spaces in which the Republic of Cuba exercises jurisdiction, must bear its name and port of registration in a visible place, as well as the number IMO, where appropriate, and fly the flag authorised to it.
ARTICLE 73.-In the territorial sea and inland waters, the submarines and any other submersible vehicles must sail on the surface and fly their flag.
SECTION 2
Article 74.1.-The navigation of foreign vessels, vessels and naval vessels through the territorial sea, is carried out according to the regime of innocent passage, provided that it is carried out in order to cross the areas open to navigation of this sea.
2. The innocent step is rapid and uninterrupted and does not include the detention and anchorage beyond the port areas, except in circumstances of force majeure or imminent danger and prior permission of the National Maritime Authority or the
Ministry of the Revolutionary Armed Forces for warships.
3.-It is considered that the passage of a ship, vessel and foreign naval device is detrimental to the peace, good order, defense or national security, if in the territorial sea some activity is carried out to the navigation of innocent passage, in accordance with the International Conventions of which the Republic of Cuba is a Party and what is available in the Rules of Procedure.
ARTICLE 75.1.-Foreign vessels, vessels and naval vessels exercising the right of innocent passage through the territorial sea, must observe national and international standards relating to the safety of human life and property in the sea, navigation, protection of resources and the marine environment, as well as customs, tax, immigration and health provisions and fly their flag.
2.-The innocent passage through the territorial sea is temporarily suspended or in a certain area for reasons of defense, national security, or for the realization of military exercises, or other state interests, of which the disclosure is made necessary for general knowledge by the Ministry of the Revolutionary Armed Forces.
3.-The State of the Republic of Cuba can prevent any passage that is not innocent by the territorial sea, in accordance with the established international law.
SECTION III
Article 76.-Navigation by the field in which it is carried out is classified in:
a) Navigation in inland waters: The one that is made entirely within the limits of the base line of the Republic of Cuba.
(b) cabotage navigation: The one carried out along the coast, between ports or points located in the sea areas or on the coast of the Republic of Cuba.
c) Height navigation: The one that is carried out by sea between ports or points located in the Cuban sea areas, and points located outside these areas.
(d) International cruise shipping: The one made by sea between ports or points located in the Cuban sea areas and ports abroad, as well as between foreign ports.
Article 77.1.-The navigation of cabotage and inland waters for commercial purposes is reserved for ships, vessels and naval vessels flying the Cuban flag.
2.-When, for reasons of lack of ships, vessels and national naval vessels to comply with this service or for reasons of the specialty for certain transport of cargo, passage or tourist, it is necessary to employ ships, foreign naval vessels and vessels, must be previously authorized by the National Maritime Authority.
3.-The stay and navigation of the foreign pleasure boats in the Cuban territorial waters, require a special navigation permit issued by the Port Captaincy. The issue, control and suspension of the said permit are laid down in the Regulation.
Article 78.1.-Navigation, taking into account its conditions of supply, is classified as regular and non-regular. Regular navigation is the
which is carried out by regular line subject to itineraries, frequency of scales, fares and previously established transport conditions. The one that is not carried out under these terms is considered non-regular navigation.
2.-For the establishment of a regular line of navigation of height by ships, vessels and naval vessels, having as destination Cuban ports, the authorization of the Ministry of Transport is required, which is processed as established in the Rules of Procedure, except in cases where there is a bilateral agreement signed by the Republic of Cuba in this regard.
3.-In those regular inland waterway and cabotage navigation services, and whenever appropriate, public service obligations may be established for ships, vessels and naval vessels, in the interest of their vessels, special characteristics and in order to ensure their use under conditions of continuity and regularity.
4.-The National Maritime Authority may lay down specific obligations for shipowners or vessels carrying out regular or non-regular services for inland waterway, cabotage, height or international crossing, for reasons of rescue, navigation safety, pollution control, health care or other causes of public utility or social interest.
ARTICLE 79.-It has a public interest navigation character, which is considered necessary to ensure essential maritime communications in the national territory. It is up to the Ministry of Transport to determine this navigation.
CHAPTER II
SECTION FIRST
ARTICLE 80.1.-The Ministry of Transport determines the ports or waterways that require systems of control of the maritime traffic, of the establishment or updating of the separators of marine traffic, of the zones to avoid and of prohibition of navigation, of the zones of prohibition of anchorage or of stay, and any other regulation related to the marine traffic; in accordance with the International Conventions and the national legislation.
2. The Ministry of the Interior is responsible for the organization and operation of the control systems and the maritime traffic separators, and for compliance with other regulations related to the traffic.
ARTICLE 81.1.-The ministries of the Revolutionary Armed Forces, the Interior and the Transportation, as a whole, determine the conditions and regulations that are required to ensure the safety of the navigation in the recalada, entrance, stay and the departure of ships, vessels and naval vessels in ports, canals, anchorages and safety zones for operations with dangerous goods, as well as in the areas of exploration and exploitation of natural resources in the areas Sea of the Republic of Cuba.
2.-The Port Captaincy controls the compliance with the conditions and regulations that are required for the safety of the navigation, during the maneuvers and in the areas referred to above.
ARTICLE 82.-For the purposes of the safety and control of navigation, as well as marine salvage, the Ministry of Communications compatibilizes with the Ministry of Transport the regulations to be issued and the new systems that require maritime communications.
SECTION 2
ARTICLE 83.1.-The Ministry of the Revolutionary Armed Forces, in coordination with the Ministry of Transport, establishes the maritime signs and other navigation aids that are required, according to the volume of the maritime traffic and the degree existing risk for navigation, in accordance with the existing legislation and the International Conventions.
2.-The National Office of Hydrography and Geodesy, attached to the Ministry of the Revolutionary Armed Forces, is responsible for the construction, installation, operation and maintenance of the country's Maritime Senalization System, and assumes the expenses (a) the fact that this leads to maritime signals and other aids to navigation, as well as to inland waterways and main channels.
3.-The captains and masters of ships, vessels and naval vessels, are obliged to inform the Ministry of Transport and the Port Captaincy of the deficiencies and defects that warn in the sea signs; To inform the National Office of Hydrography and Geodesy for publication in the notices to the navigators.
ARTICLE 84.1.-The Institute of Meteorology is responsible for making available to users, meteorological information about the territorial sea and the inland waters of the Republic of Cuba.
2.-National naval vessels, vessels and vessels report, with the periodicity established, the hydrometeorological variables they observe during their journey through the waters of the Republic of Cuba or through waters at the request of the Institute.
Article 85.-For the purposes of not interfering with the display of sea signs from the sea, legal and natural persons who project or intend to carry out works on the sea coast, the cayería or in the jurisdictional waters, must submit them to the compatibility process with the appropriate instances.
SECTION III
Article 86.-The arrival of a ship, vessel and naval device to a port or a point of the coast recorded in the dispatch of the port from where it is appropriate, regardless of the performance or not of the operations, is considered to have arrived.
Article 87 (1)-It is for the Port Captaincy to address the dispatch of vessels, vessels and naval vessels entering or leaving port.
2.-Every ship, vessel and naval device must obtain a final dispatch from the Port Captaincy, through which its entry or exit to the port is made official. With the exception of the Puerto Rican Practice, no person can climb aboard ships, vessels and naval vessels that arrive at Cuban ports from abroad, before granting free talk or after being dispatched. Output.
3.-The consignee of the ship, vessel and naval device, must inform the Captaincy of Port and other appropriate authorities, the arrival or departure of the ship, with no less than twenty-four hours in advance to the dispatch.
4.-The dispatches issued by the Port Captaincy are without effect and are denied by the causes established in the Regulation.
ARTICLE 88.1.-The dispatch of ships, vessels and naval vessels, is classified as internal waters, cabotage, height and international crossing, and to such effects their captains, employers or consignors must present the documents which are laid down in the Regulation.
2.-Ships, vessels and naval vessels require only the dispatch of the Port Captaincy, when they are sailing cabotage or inland waters, except within the bays, ports, rivers, lakes and dams.
3.-For the movements of ships, vessels and naval vessels within the bays, ports, rivers, lakes and dams, only the authorization of the Port Captaincy is required.
4.-The ships, vessels and naval vessels that perform the navigation of height or the international cruise, must present, prior to the dispatch of the Port Captaincy, the documents that prove to have complied with the regulations customs, migration and health.
ARTICLE 89.-The entries and exits of the vessels, vessels and naval vessels in the ports, as well as their movements within them, are subject to the regime of priorities established for the operation of these, and to the corresponding authorization of the Port Captaincy.
Article 90.-The dispatch of recreational craft for tourism or sports activities is regulated by special provisions.
SECTION 4
Article 91.1.-The Captain or Patron may take the necessary corrective measures to maintain order and discipline on board, without prejudice to the administrative or criminal liability to which the offender's conduct shall be.
2.-The Captain or Patron of ships, vessels and naval vessels, national or foreign, or the Consul of the flag State in the case of the latter, may require the assistance of the Port Captaincy to restore order to on board. However, where the event has consequences for the country, or a crew member or passenger requests the assistance of the national authorities, that Captaincy takes the necessary measures to restore order on board.
3.-All Cuban or foreign vessels, vessels and vessels during their stay in national ports must ensure, with their crew, the port guard to control the access regime on board.
SECTION QUINTA
ARTICLE 92.1.-The Ministry of Transport taking into account the criteria of safety, economy and efficiency, determines the ports, vessels, vessels and naval artifacts; areas of anchorage, safety, and waterways, in respect of which the use of the pilotage service is mandatory as provided for in its regulatory and operational provisions for each port.
- Similarly, in exceptional or emergency cases and taking into account the considerations of the Port Captaincy and the practical entity, it adopts the measures that are required for the service of pilotage, without endangering the ships, ships and naval vessels surts in port.
- The conditions for the provision of this service are laid down in the Regulation.
Article 93.-The General Practice of the port in question, must keep the Captain of that port of the state of the calados informed and assist him in the decisions on the maneuvers to adopt with the ships, ships and naval artifacts, surts in such installation, in the event of natural disasters or any other contingency.
Article 94.1.-The presence of a port or sea practice on board a ship, vessel and naval device, does not exempt its Captain or Patron from the responsibility that corresponds to the maneuvers that are carried out, having
the obligation to attend to the advice of the Practical, if in its concept it does not expose the safety of the ship, ship, naval device, that of other ships, or of the marine navigation.
2.-If not, the Captain or Patron may relieve from his advice to the Practical, who is authorized to leave the bridge of government. From this circumstance, both of them account for the Capitania of Port and the Ministry of Transport, and the Practical is replaced by another, if the conditions of the maneuver allow. These events are noted in the Navigation Journal.
Article 95. The practice entity must accredit, before the Port Captaincy, the General Practice and the other designated practitioners, for the purposes of obtaining the credential that authorizes them to exercise in their jurisdiction.
CHAPTER III
Article 96.1.-The port service of towing for maneuvers is the one that is provided for auxiliary to the ship, ship and naval device, in the maneuvers of entry, anchorage, cam, docking, undocking, departure or other that are carried out inside a port to ensure the safety of navigation and port facilities and hydrotechnical works.
2.-The Ministry of Transport determines the ships, vessels and naval vessels that for their characteristics require the mandatory use of the towing service for maneuvers, as well as the type and number of tugs to be used and the rules for this service.
3.-In the territorial sea and inland waters of Cuba, any vessel, vessel and naval vessel which is not a tug, cannot provide towing services if it is not authorized for such purposes by the Ministry of Transport, except for emergency or force majeure.
TITLE VI
CHAPTER I
SECTION FIRST
ARTICLE 97.1.-The marine casualty is an event that has as a result:
(a) The death or serious injury of a person, caused by the operations of a ship, vessel and naval device, or in relation to them.
(b) the loss of a person on board, caused by the operations of a ship, vessel and ship, or in relation to them.
c) The loss, presumed loss or abandonment of a ship, vessel and naval device.
(d) serious material damage suffered by a ship, ship and ship, hydrotechnical facilities, or maritime infrastructure.
(e) serious material damage caused by or in connection with the operations of a ship, vessel and ship.
(f) serious damage to the marine environment as a result of damage sustained by one or more vessels, vessels and naval vessels caused by the operations of one or more vessels, vessels or naval vessels, or in relation to them.
2.-A maritime event is an occurrence or a series of these other than a marine casualty, occurring in direct relation to the operations of one or more ships, vessels and naval vessels, or in relation to them, which is endangering or cause damage to these naval facilities, hydrotechnical facilities, people and the environment.
3.-It is not considered to be events or marine casualties the intentional actions or omissions whose purpose endanger the safety of a ship, ship and naval device, or hydrotechnical facilities, the people, or the environment.
SECTION 2
Article 98.1.-The marine casualty or event resulting from the collision between two or more ships, vessels and naval vessels is understood by way of approach, delimiting its cases in the Regulation and in accordance with the International Conventions are applicable.
2. The provisions of this section apply even when the boarding occurs between vessels, vessels and naval vessels of the same owner.
3. The actions arising from the approach are prescribed five years after the date of occurrence of the event or casualty.
Article 99.1.-When there is concurrent fault in an approach, each ship, vessel and naval device is responsible in proportion to the gravity of its fault. If proportionality cannot be established, the responsibility is equally equal.
2.-In an approach where the tugboat and the towed are involved, these are considered as one only for the purposes of the responsibility towards third parties, when the address has the tugboat; without prejudice to the right that assists them to repeat between if, according to each one's fault.
3.-The liability to third parties lies on the towed, when the latter has the direction of the trailer or the maneuver, without prejudice to the right of repetition to each other, according to the fault of each one.
4.-When a ship, vessel and naval vessel is shipwrecked after an approach has occurred, its loss is considered as a consequence of the latter, unless proof to the contrary.
Article 100.1.-It is understood by collision the marine event or event as a result of the collision of a ship, ship and naval device with a port facility or hydrotechnical work, fixed platform or floating offshore, system of maritime signage and other mobile media.
2.-The provisions of the preceding Articles are applicable to collisions, as appropriate.
SECTION III
ARTICLE 101.1.-When a ship, vessel and ship is adrift, in danger of shipwreck, sunken or stranded, and at the discretion of the National Maritime Authority constitutes a danger or an obstacle to navigation,
the port operation, fishing, or other maritime activities related to inland waterways, or for the preservation of the marine environment, or is of State interest; this Authority provides for the necessary measures to be taken
to initiate, at the expense of the shipowner or vessel and within the time limit fixed by it, the signalling, removal, repair, or sinking of the ship, vessel and ship, if necessary, at the place which does not prejudice the port activity, the navigation, fishing, or the marine environment.
2.-For the vessel, vessel and naval vessel sunk or stranded not included in the previous case, its owner or the person who has acquired the right to remove, reflect, or extract its cargo; it has up to one year, from
of the date of the accident, in order to carry out the maneuver, the one that must execute in the terms indicated by the Ministry of the Transportation, prior to granting of a guarantee sufficient to assure the rescue, the removal or elimination of all the remains.
3.-After the period granted without having concluded the maneuver of extracting, removing or refloating the ship, vessel and naval device or its cargo, the Declaration of Abandonment as established in this Law is applicable.
SECTION 4
Article 102. The forced arrival is the one in which the arrival of the ship, vessel and ship-de-facto naval to ports or points of the coast other than that provided for in the dispatch of departure, is carried out by mandate of the Law, fortuitous case or force majeure.
Article 103.1.-If during the navigation the Captain or Patron believes that the ship, ship and naval device, cannot continue the journey to the port of its destination, for lack of food, fear founded of embargo, danger for this means or its crew, or by any casualty or fault that disables it to sail; it summons the Board of Officers and the representatives of the shippers, if they are on board, who have no vote in such a board, and if the circumstances are considered the reason, the arrival to the nearest and more convenient port is agreed, lifting and recording in the Navigation Journal the corresponding minutes signed by all the participants.
2.-The Captain or Patron, heard the criteria of the Board of Officers and the representatives of the loaders, if they are on board, can take the decision, under their responsibility, of the forced arrival, settling in the Journal of Navigation causes and reasons for their decision.
3.-Those interested in the cargo, who are on board, can make the claims and protests that they deem appropriate, which is recorded in the Journal of Navigation.
ARTICLE 104.1.-The captains or employers who make forced arrival at ports or points of the Cuban coast, are obliged to declare the reasons for the same to the Port Captaincy, which reserves the right to obtain the services of specialists who can advise them in the knowledge of such reasons, in order to justify their legitimacy or illegitimacy.
2.-The costs of the forced arrival are borne by the shipowner or ship, but these are not responsible for the damages that the loaders may suffer as a consequence of the forced arrival, provided that it is considered legitimate.
ARTICLE 105.-The forced arrival is not considered legitimate in the following cases:
- a) If the lack of food is due to not having made the necessary warning for the trip, or if they have been misused or lost due to bad stowage or neglect in their custody.
- (b) If the malfunction or failure of the ship, vessel and naval device, comes from not having repaired, equipped, and arranged conveniently for the trip, or of some order or ill-advised disposition of the Captain or Patron.
- c) If the fact or the cause of the malfunction or breakdown occurs through malice, negligence, imprevision or impropriety of the Captain or Patron.
- (d) If the risk or danger to the ship, vessel and ship, its crew or cargo, is not well known, manifest and well founded on positive and justifiable facts.
SECTION QUINTA
ARTICLE 106.-By fire, the damage caused to the ship or to the cargo directly by the flames, by the water, the smoke or other means of extinction is understood. They are classified as direct and are considered to be particular damage when the damage is caused by the fire; in indirect by the means used in the extinction or the smoke, and mixed when it comes to the sum of both. These last two cases are considered to be gross breakdown.
SECTION 6
Article 107-The stranding is the arrest of a ship, vessel and naval device when it is bottomed out, either in a sand bank, rocks or any submerged object, provided that it is prevented from continuing the journey through its own means.
SECTION 7
ARTICLE 108.1.-For the purposes of this Law are considered breakdowns:
(a) Any damage or damage suffered by a ship, vessel and ship, during navigation or in port, or which affects the cargo from its boarding on board to its landing at the port of destination.
(b) Any extraordinary expenditure incurred during the voyage for the conservation of the vessel, vessel and ship or cargo, or both.
2.-It is not included in the breakdowns the ordinary expenses of pilotage, the rights of port, the harbour services, of unloading of goods, and any other common expenditure to the navigation and to the operation of the ship, ship and naval artifact.
3.-The breakdowns are classified in simple or particular and in coarse or common.
Article 109.-It is a simple or a particular breakdown of all damage and expenditure caused to the ship, vessel and ship and its cargo, or both, which have not been in the common interest and benefit of all those interested in such means and their cargo, especially the following:
(a) Damage to the load, from its embarkation to its unloading, either for its own vice, by sea or by force majeure, and the costs incurred to avoid and repair them.
(b) Damage to the ship, vessel and ship, on its hull, machines, gear and equipment, for the same reasons or reasons, from being made to the sea from the port of departure, until its arrival at the port of destination, and the costs facts to avoid and repair them.
c) The necessary expenses for the arrival at a port to carry out repairs or supplies.
(d) The damage suffered by the goods loaded on the decks.
e) The salaries and food of the endowment, when the ship, vessel and naval device is stopped or embargoed by legitimate order or force majeure, as well as when in quarantine.
f) The lower value of the genera sold by the Captain or Patron in forced arrival, for the payment of food and urgent needs of the endowment, or to cover any other need of the ship, ship and naval artifact.
(g) The damage to the ship, vessel and naval device or to its loading by the boarding or collision, being fortuitous or by force majeure.
(h) Any damage resulting to the charge for faults, carelessness or theft of the Captain, Patron or crew, without prejudice to the owner's right to the corresponding compensation arising from the claim against the Captain or Patron, the vessel, ship and ship and freight.
ARTICLE 110.-The owner of the ship, ship and ship or the thing that gave rise to the expense or received the damage, bears the burden of the simple or particular breakdowns.
Article 111.-It is gross or common breakdown all damage and expense caused deliberately and reasonably to save the ship, ship and ship, its cargo or both, of a known and effective risk or danger, the damage and expense is in benefit and common usefulness of all stakeholders, in particular the following:
(a) the effects thrown into the sea to lighten the vessel, vessel and vessel belonging to the cargo, to the vessel or to the envelope, and the damage resulting from the other effects which are retained on board.
(b) The effects and money invested in the rescue of the ship, vessel and ship or its cargo, seized by enemies or in acts of piracy, and the food, wages and expenses of their detention, while the arrangement or rescue is made.
(c) means and equipment which are used or abandoned to save the cargo, vessel, vessel and ship, or both.
(d) the costs of loading or transhipment of a part of the cargo to lighten the ship, vessel and naval device and to put it in a state of port, and the damage resulting from the allied or transhipped effects.
e) The expenses incurred to float a ship, vessel and naval device, with the purpose and objective of saving it.
(f) the damage caused to the load or to the ship, vessel and naval device when making openings in its hull, with a view to saving or saving the load.
(g) the costs for the cure and the food of the members of the endowment who are injured or injured, defending or saving the ship, vessel and ship or cargo.
(h) the salaries of any member of the endowment, held hostage by the enemy or pirates, and the expenses incurred until his return to the ship, vessel and ship or his home.
(i) the salaries and food of the ship, vessel and ship, during the time it is seized or detained by force majeure or court order, or to repair the damage caused to the common benefit.
(j) Impairment resulting in the value of the goods sold in forced arrival, to repair the ship, vessel and ship, due to a gross breakdown.
(k) The costs of the liquidation of the gross breakdown.
Article 112.1.-The sacrifices and expenses of the gross breakdown, are supported by all those interested in the ship, ship and naval artifact and cargo, involved in the maritime adventure, and who are benefited from the act of gross breakdown.
2.-Acts and contributions in the form of a gross or common breakdown are governed by what the parties have agreed upon, and in the absence of such acts as laid down in the Regulation.
ARTICLE 113.-The form and requirements of the process of settlement of the breakdowns are laid down in the Regulation.
SECTION 8
ARTICLE 114.1.-All that the sea throws to the shore or is found floating in the sea of unknown owner and that is not the product of the own sea, is considered to be marine find and is delivered in the Capitania of Port of the jurisdiction, acting in accordance with the provisions of the Regulation.
2.-When it is determined that what is found is a commodity of a shipwreck or a disaster of a ship, vessel and foreign naval device, it is made to the customs authorities.
3.-If it is a matter of military or defense interest determined by the ministries of the Revolutionary Armed Forces or the Interior, it immediately becomes aware of the Port Captaincy, avoiding any manipulation of these and preserving them in the place where they have been found until the arrival of those authorities.
CHAPTER II
ARTICLE 115.-The Ministry of Transport
serves as administrator of the International Convention on Maritime Search and Rescue; and with respect to the International Convention on the Marine Salvage, it provides and controls the assistance and rescue of ships, vessels, naval vessels and other goods which represent a danger to maritime traffic and the marine environment in the Cuban waters.
SECTION FIRST
Article 116.1.-The search and rescue of persons in danger at sea as a result of marine casualties or events, is carried out through the Aeronautical and Maritime System of Search and Salvage of the Republic of Cuba.
2.-The bodies of the Central Administration of the State and the entities that are subordinate to it, as well as the national and foreign air carriers, and the shipping companies, are obliged to tender for the effective compliance with this humanitarian service, in accordance with national and international regulations.
3.-Actions to be undertaken by masters or masters of vessels, vessels and national naval vessels sailing in the territorial sea, the contiguous zone, the exclusive economic zone or the inland waters, provided they are able to do so without serious danger to such naval means, equipment or their passengers, are laid down in the Regulation.
Article 117.1.-The search and rescue of persons does not confer the right to compensation, unless there is responsibility of the shipowner or ship of the ship, vessel and naval vessel, or of a third party, in the creation of the danger that reason for that search and rescue.
In this case, the person responsible must indemnify the expenses and damages caused, provided that they are a direct consequence of such operation.
2.-The legal actions arising from the search and rescue of persons in danger at sea, they prescribe for the course of two (2) years, counted from the date on which that operation was concluded.
SECTION 2
Article 118.-It is understood by rescue operation any action taken to assist or assist the ship, vessel and naval device or its cargo, and to safeguard any other goods that are endangered in the sea.
ARTICLE 119.1.-The Captain or Patron of a ship, vessel and naval device, is obliged to provide assistance to other naval means that are in danger, except as expressly negative of the Captain or Patron of the latter, which he notes in the Journal of Navigation. Shipowners or shippers are not responsible for the failure to comply with this obligation by that Captain or Patron.
2.-The Captain or Patron is exonerated from such an obligation, only when the compliance with it involves risk or danger to its ship, ship and naval device, the crew, the passengers or its own life.
3.-In other cases the operation of sea rescue within the Cuban waters, can only be performed by the entities authorized for such purposes, except expressly negative of the Captain or Patron of the ship, vessel and artifact naval in danger. In this case, the Ministry of Transport determines the deadline for the self-help, after which it orders the realization of the marine rescue at the coast of the ship, ship and naval artifact saved.
4. In case of imminent danger of contamination of the environment or when the public interest so advises, the Ministry of Transport can also arrange for the rescue of the ship, vessel and naval device at the expense of the well saved.
ARTICLE 120.1.-If during the navigation a marine salvage operation is carried out, the Captain or Patron immediately informs the Center of the Search and Marine Salvage nearest, and within twenty-four (24) hours to the Captaincy of the first port of arrival.
2.-The Port Captaincy participates in the coordination of the aid and rescue of ships, vessels and naval vessels, which are produced within its jurisdiction, being able to use the means available in the port, at the expense of the shipowner or Disaster-stricken shipping.
Article 121.-El Salvador, in addition to the maritime privilege that corresponds to it, has the right of retention on the ship, ship and naval device and the goods saved, until it is covered or duly guaranteed the reward for the rescue and their interests.
CHAPTER III
Article 122.-The owner of a ship, vessel and naval device, or the shipowner or vessel, if any, when a marine casualty or event occurs, is responsible for all damages that are imputable to him, caused to third parties by the operation of said ship, vessel and ship or cargo spilled or unloaded from it, as a result of the accident, as well as the measures taken to prevent or reduce such damage.
Article 123.1.-Cuban shipowning or shipping companies or with Cuban interests, dedicated to international maritime traffic, are obliged to be assured of the civil liability in which they may incur as a result of the operation of their ships, vessels and naval vessels, in accordance with the usual coverage on the international market and in the terms agreed upon.
2. In the Regulation, national vessels, vessels and naval vessels that are not engaged in international traffic are determined to be responsible for civil liability.
3.-The shipowners or vessels of vessels, vessels and foreign naval vessels sailing through the waters or arriving at national ports, are obliged to be assured of the naval means in respect of the civil liability which can be derived from its operation.
CHAPTER IV
SECTION FIRST
ARTICLE 124.-The Captain or Master of the ship, vessel and national naval device, or in his absence, the officer or crew member who follows him in command, is obliged to raise the protest record of any event or marine casualty, or of any other Extraordinary character related to the ship, ship and ship, navigation and maritime transport.
ARTICLE 125.1.-The Cuban shipowner or ship is obliged to report immediately to the Ministry of Transport and the Captaincy of Port of Registry, of all marine casualties, or any other occurrence of extraordinary character related with its ship, ship and ship, navigation and maritime transport.
2.-Any natural or legal person who, by reason of his or her position or functions, knows of a marine accident or event that occurred to a ship, vessel and naval device, is obliged to inform it immediately to the Port Captaincy nearest and equally form to the Ministry of Transport.
SECTION 2
Article 126.1.-It is for the ministries of transport and the interior, in the sphere of their competence, to carry out the investigation of the marine casualties and events that occur in their territorial sea.
2.-For its part, the Cuban shipowner or ship is obliged to investigate the marine casualties or events that occur on its ships, vessels and naval vessels, and to report its results to the transport and interior ministries.
Article 127.-When the ship, vessel and ship is a foreign flag, the investigation of the marine casualties or events is carried out in accordance with the provisions of the Regulation.
ARTICLE 128.1.-From the investigation of the marine casualty or event, a file is formed that must contain all the documents relating to the case. Once the actions have been exhausted, a conclusive report of the results of the investigation is issued.
2. It is assumed that the facts are constitutive of crimes, that the competent authorities of the Ministry of the Interior or the Office of the Prosecutor General of the Republic are immediately informed.
SECTION III
ARTICLE 129.1.-When a State officially communicates the offence committed on its territory by a vessel, vessel, naval device or by any Cuban crew member, the Ministry of Transport, as a National Maritime Authority, has the authority to carry out the relevant investigation, together with the Central Administration body of the competent State according to the type of infringement.
2.-When the communication is for the request for investigation of an alleged infringement committed by a ship, vessel and foreign naval device, it is appropriate in accordance with the international and bilateral agreements signed with the effect for the Republic of Cuba.
TITLE VII
CHAPTER I
ARTICLE 130.1.-In the Contract of Maritime Transport of Goods, the company-Dora or shipping company, it is required before the Embargo or the Charger, to move goods from the point of shipment to the point of destination and to deliver them to its consignee or consigner, and the Vessel or Charger is obliged to pay a freight.
2.-This Agreement may refer to goods for their weight, type and measures, in which case these conditions are stated in a document known as "Knowledge of Boarding", which is issued by the shipowner or vessel to each
loader or board, and is signed by the Captain or Patron of the ship, ship and naval device or its agent; being able to act such document as receipt of the goods, as a means of probative of the terms of shipment and as a value negotiable, acting in an extra capacity in the absence of the transport contract.
ARTICLE 131.1.-The Knowledge of Embarque is the document that is issued by the carrier, by a person authorized to the effect by the carrier, or by the Captain or Patron of the ship, ship and naval artifact, where the cargo that is received is entered to be transported.
2.-The Knowledge of Boarding is an evidence of the receipt of the cargo by the carrier and the state in which it is delivered. It must be taken as proof of the Transport Contract and constitutes a negotiable title which allows the holder to obtain the cargo.
3.-The Knowledge of Embarque may be issued to the bearer, to the order or nominative to a given name, either on paper or electronic means.
4.-The determination of the data to be recorded in the Knowledge of Boarding and other effects derived from its emission are regulated in the Regulation.
CHAPTER II
ARTICLE 132.-The Contract of Fletamento is the one under which a part called Fletante, makes available to another called Fletador a naval means or a space of this, for the transport by water of own or external goods, in return payment of a quantity of money called freight.
Article 133.-The Contract of Fletamento can be agreed upon in any of its modalities: chartering by trip, chartering by time and chartering to the bare hull.
- a) The Travel Contract is the one where the Fletante puts a naval means at the disposal of the Fletador in perfect condition of navigability before and during the trip, duly equipped and equipped so that the Fletador can make the trip or the Journeys agreed with due speed and without unjustified deviations.
- b) The Fletamento Contract for a time, is the one in which the Fletante commits to put a naval means at the disposal of the Fletador for a period of time in perfect state of navigability, before and during the trip, duly equipped and equipped to transport goods of lawful trade, during which the Fletador has in charge the commercial exploitation of the medium, without the Fletante losing the possession of the same.
- c) The Contract of Fletamento to the naked hull, is that by which the Fletador receives a naval means in perfect state of navigability, without endowment or victualling, assuming the Fletador the full possession of the medium, not so the property, that constitutes a concession power that allows the Fletador to use the ship at its discretion and to nominate the equipment. In this mode you can agree to the purchase option.
ARTICLE 134.-In all its modalities the Contract of Fletamento must be stated in writing.
The subscription of the policy must be carried out in accordance with the provisions of the Regulation.
ARTICLE 135-The Fletant cannot unilaterally replace the naval means subject to the contract.
Article 136.-The Fletador can subcharter the ship, vessel and naval artifact without establishing any relationship between the Fletante and the subcharterer. In cases where the Fletador is required to fly to the charterer, the latter may claim the freight rates due to the sub-charterer.
CHAPTER III
ARTICLE 137.-The Passenger Transport Contract is the one under which the Carrier is obliged to transfer one or more persons for a previously defined defeat or trajectory, by paying the price of the ticket according to the
the rate set, which is tested by a document called a ticket.
ARTICLE 138.-In this contract the Carrier is responsible for the damages caused to the passengers on the occasion of a marine casualty during this service, unless it is proved that this occurrence is not imputable to him.
Article 139.-When the trip is suspended due to the fault of the Carrier, Captain or Patron of the ship, ship and naval device, or for any cause independent of these, or by chance or force majeure; the passengers have the right to the return of the passage or make use of it if the service is reset.
CHAPTER IV
Article 140.-The Contract of Trailer is the one under which a part, the Remolker, undertakes to displace by water or to collaborate in the maneuvers of a ship, ship and naval device, called Remolcado, in exchange for the payment of a sum of money previously agreed.
ARTICLE 141.1.-When the towing operations are carried out inside the port, the Captain or Patron of the towed naval means assumes the direction of the maneuver, except pact to the contrary.
2.-During the trailer, the Remolker responds to third parties for the damages caused during that operation, unless proof to the contrary. For its part, the Remolcado responds for these consequences, when from that ship, ship and naval device the operation of towing is directed.
CHAPTER V
ARTICLE 142.-The other specifications inherent in transport contracts in maritime trade are laid down in the Regulation.
Article 143.-The provisions of the Maritime Insurance Contract are governed by the provisions of the applicable legislation applicable to it.
ARTICLE 144. The liability for damages arising from these contracts is subject to the provisions of the common civil legislation.
FIRST: Except for compliance with the provisions laid down in this Law and its Regulations to ships, ships and naval vessels of war, ports and military installations of the ministries of the Revolutionary Armed Forces and of the Interior, and those others who are fulfilling military functions in the interests of these agencies.
SECOND: For the permanence of foreign warships in the territorial sea and Cuban inland waters, the agreements signed between the Republic of Cuba and the State of the flag of the vessel, as well as the International Agreements and Treaties of which Cuba is a Party.
THIRD: The possession, use or use of weapons of war, ammunition and explosives on board Cuban vessels, vessels and naval vessels are governed by the provisions of the special legislation in force.
FOURTH: The National Maritime Commission is established as a body to assist the National Maritime Authority, establishing in the Regulation and other complementary rules the composition and functions of the National Maritime Authority.
QUINTA: The Government of the Republic of Cuba may reserve, in whole or in part, certain traffics to Cuban vessels, vessels, and naval vessels, if necessary for the economy, defense, and national security.
SIXTH: On employment income, proven suitability, wages, security and health at work, as well as training, development, social security and other issues related to the employment relationships of the Cuban workers who provide service on board ships, vessels and national naval vessels, the applicable labour law applies or, where appropriate, the specific activity for the activity concerned.
UNICA: The owners, shipowners or vessels of the vessels, vessels and naval vessels, which at the entry into force of this Law are in some of the cases provided for in their article 20, have a period of thirty (30) days natural to proceed with the withdrawal of the good outside the Cuban jurisdiction. After this period has not been met, these requirements are complied with in accordance with the provisions of this legal body.
FIRST: The Council of Ministers, on the proposal of the ministers of transport and the interior, dictates the regulation of this law within the term of ninety (90) days, from its approval by the National Assembly of People's Power.
SECOND: The ministers of transport and the interior are empowered to dictate, as far as each one is concerned, the provisions that are required for the implementation of what is available in this Law.
THIRD: The following regulations are repealed:
I.-Book III of the Trade Code of 1886, except Section III of Title III. II.-The military orders of 1ro. May 1900 and No. 102 of 18 April 1901. III.-The laws decrees No. 7, of January 27, 1942; No. 1777 of 1954; No. 1420, of May 12, 1954, and No. 1559, of August 4, 1954. IV.-The decree-laws No. 108, of January 1934; No. 34, of 27 June 1935, and No. 39 of 23 September 1980. V.-Decrees No. 266 of 18 March 1908; No. 673 of 19 June 1908; No. 1553 of 7 November 1924; No. 1467 of 15 August 1928; No. 746 of 30 March 1935, No. 1359 of 13 May 1942;
No. 2348, of August 15, 1942, and No. 2722, of November 4, 1946. VI.-Circular No. 276 of 5 July 1904. VII.-The more provisions of equal or lower hierarchy are opposed to the provisions of this Law.
FOURTH: This Law, in conjunction with its Rules of Procedure, begins to apply from its publication in the Official Gazette of the Republic.
Given in the session room of the National Assembly of People's Power, the Convention Palace, the city of Havana, at six days of the month of July of the year two thousand thirteen.
