Law Of The Navigation Maritime, Fluvial And Lacustrine

Original Language Title: Ley de la Navegación Marítima, Fluvial y Lacustre

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-la-navegacion-maritima-fluvial-y-lacustre

 

Deputy JUAN ESTEBAN LAZO HERNÁNDEZ, President of the Assembly national of the power people of the Republic of Cuba.

I do know: That the National Assembly of the Popular power, at the session of 6 July 2013, corresponding to the first period of sessions of VIII legislature, has approved the following: whereas: the development achieved by the maritime, River and lake transport and requirements of technical and economic nature which it is derived, has led to the adoption of conventions International that guarantee the safety of human life at sea, the facts, and acts relating to navigation and the prevention of pollution of the marine environment, which requires our country to organize and update its legal system, adapting to these changes and requirements.

POR_TANTO: The National Assembly of the Popular power, in exercise of the powers which are conferred in section 75, subsection b) of the Constitution of the Republic of Cuba, according to dictate the following: Law 115 DE LA navigation maritime, FLUVIAL and LACUSTRINE title I provisions General Chapter I object and scope of application article 1.-the present law is to regulate the general regime of navigation on the Republic of Cuba , that includes which is performed by the sea territorial and them waters interiors, as well as in others spaces maritime adjacent to its sea territorial in which exercises jurisdiction and in correspondence with them treated and conventions International of which the State Cuban is part; auxiliary or related services, and with regard to ships, boats and artefacts Naval with commercial purposes or not, scientific, touristic, sporting or recreational, and acts and facts relating to the maritime, River and lake transport.

Article 2.1.-them ships, boats and artifacts naval national and them foreigners while remain in the space aquatic Cuban, is governed by the present law and its regulation, and by them treated and conventions International of which is part the Republic of Cuba and you are applicable.

2. vessels, boats and national naval artifacts, are subject on the high seas to the exclusive jurisdiction of the Republic of Cuba, who exercise it without prejudice to compliance with the internal regulations of coastal States, in accordance with international law.

 

Chapter II article 3.-to the purposes of this Act and its regulations means: to) inland of the Republic of Cuba: those in the interior of the baseline from which the territorial sea is measured.

(b) shipowner or shipowner: legal or natural person that he is in charge the exploitation of one or more vessels, vessels and naval artifacts, whether or not of your property. To such purposes is the charge of equip them, equip them, fueling them, keep them in State of seaworthiness and provide them of a staffing, as well as represent them in the port in that is found.

(c) naval artifact: all floating building that serves as complement or support the activities carried out in the waters, such as floating docks, floating cranes, barges, pontoons and other similar, including fixed or floating platforms.

(d) gross tonnage: is the expression of the overall size of a ship determined in Moorson tons, equivalent to one hundred (100) cubic feet, which is represented only as gross tonnage in the amount that is.

(e) ship: all construction floating, used in the navigation maritime, River and Lake of tonnage gross equal or superior to five hundred (500).

(f) Captain: the natural person who exercises the control and direction of a ship and naval artifact, gross tonnage equal to or greater than five hundred (500).

(g) Captain of port: the person natural that plays the address of a captaincy of port.

(h) port authority: organizational unit of the Ministry of the Interior that exercises the functions assigned by this law administrative law and contributes to the maintenance of security and internal order in the maritime port.

(i) charger or freight forwarder: person natural or legal obliged to deliver the load to the carrier in the place of origin, and to this is received in the place of destination in the quantities, forms and deadlines agreed, and to pay the price or freight that corresponds.

j) bareboat: the contract of Charter whereby the charterer receives a vessel, boat and naval artifact in condition of seaworthiness, no staffing or equipment, assuming full possession, not ownership.

(k) office: administrative procedure before the port captain's Office to formalize the input and output port of a ship, vessel, and naval navigation appliance.

(l) deactivation: process by which the ship, vessel, and naval artifact is inactive and unable to continue exploiting technically, but ensuring your safety, absence on Board of fuels, lubricants and oily residues, sealing, cleaning and arranche, as well as for navigation safety and the protection of the marine environment.

(m) disposal: action whereby the ship, vessel, and naval artifact is cut into pieces that allow you to turn it into scrap.

(n) staffing: set of people enrolled in a vessel, boat and artifact naval, that includes to the captain or pattern, official, personal junior and any other that meets a function aboard.

(n) boat: all construction floating of tonnage gross lower to five hundred (500) or of power drive of your machine main lower to fifty (50) Kw.

(o) pleasure craft: intended for tourist, sports and recreational activities.

(p) roll and unroll: pending administrative before the captaincy of port for the recognition official of the appointment or cessation of the endowment of a vessel, boat and artifact naval.

q) water space: the integrated by the maritime, River and lake waters subject to the jurisdiction of the Cuban State.

(r) port facilities and aquacultural works: works engineers, such as docks, jetties, slipways, Drydocks, buoys and others, built to facilitate the construction, repair and docking of ships, vessels and naval artifacts, or to provide your receipt, as well as to allow the transfer of goods or people in them.

(s) Territorial Sea of the Republic of Cuba: has a width of twelve (12) nautical miles measured from the baseline, determined by the legislation in force.

(t) navigation maritime, River and Lake: in navigation, hereinafter is what made ships, boats and naval artifacts in the territorial sea, the contiguous zone, the exclusive economic zone, inland waters, rivers, lakes and reservoirs, to move from one point to another.

(u) shipwreck: loss of a ship, vessel, and naval artifact by sinking into the water by accident.

(v) pattern: natural person who exercises the control and direction of a boat and a naval device of less than 500 gross tonnage (500).

(w) step innocent: which is performed by the sea territorial of a State of form fast and uninterrupted, and not is harmful for it peace, the good order or the security of that State.

(x) wreck: remains of a medium naval sunk total or partially in a mass of water.

(and) piloting: is the exercise of advice from the practical to the captain or pattern of the ship, boat and artifact naval, during the navigation in a port, in them channels of access and in them waters interiors or territorial.

(z) pilotage: service of advice lent by the practical to the captains and patterns of ships, boats and artifacts Naval, during the maneuvers nautical inside the port.

AA) pilot: is the person who, being in possession of the appropriate certificate and corresponding appointment, is empowered to advise the captains and patterns of ships, vessels and naval artifacts in the navigation and manoeuvres in channels, ports, marinas and maritime areas.

BB) more practical: the person designated by the Director of the Organization National practical of ports of the Republic of Cuba, selected among pilots who meet all the requirements, technical, professional and experience, enabling it to provide the service in the largest type of ship that is operated in the territory in which the practical station exerts its management also the head of the station.

CC) maritime dam: Act of appropriation by a State of the ship or cargo owned by another State, either enemy or neutral, to penetrate a State in a situation of war.

DD) owner: natural or legal person who has the enjoyment, domain and the free disposal of the ship, vessel, and naval artifact.

(US) record synoptic continuous: is the history of the ship that the Administration, for Cuba the Ministry of the transport, must issue you to all ship national, established in the rule XI-1 / 5 of the Convention International for it security of it life human in the sea de1974, of which the Republic of Cuba is part.

(ff) services auxiliary or related: which is you provide to the ship, boat and artifact naval, excluding the services of radio and them related with the employment of the spectrum radio.

(gg) carrier: person legal or natural that is forces to transport the loads or passengers from its origin to the place of destination agreed, within the term and conditions agreed, in Exchange for the payment or freight that corresponds.

(hh) crew: set of people subordinate to the captain or pattern, according to the case, that are intended to meet all them services and functions on Board of the vessel, boat and artifact naval.


II) contiguous zone: has an extension of twenty-four (24) nautical miles counted from the baseline from which the breadth of the territorial sea is measured, and consists of an area of twelve (12) nautical miles adjacent to the outer limit of the territorial sea, as set out in the legislation.

(jj) area economic exclusive: is it adjacent to the sea territorial that is extends until a distance of two hundred (200) miles nautical measures starting from them lines of base, from which is measures the width of that, and his line outside is delimit by them agreements or conventions that the Republic of Cuba subscribe with them others States riparian that you surround , in accordance with the provisions of the legislation in force.

 

Chapter III article 4.1. the Cuban State holds the national maritime authority under the aegis of its sovereign rights, in order to guarantee the national interests in the maritime, River and Lake, comprising the safety of human life at sea and navigation, as well as goods, the conservation of the marine environment, and the protection of vessels , boats, artefacts naval e installations port.

2. the exercise of this power is executed by the Government of the Republic of Cuba, through transport and Ministers of the Interior, in accordance with functions that come you assigned under this Act.

3.-also is run by them consuls of the Republic of Cuba accredited in the foreign, and them captains or patterns of them ships, boats and artifacts naval Cuban when is found in waters jurisdictional of another State or in waters international.

 

SECTION first article 5.-is the responsibility of the Ministry of transport the following functions: to) lead a policy of planned development and efficient provision of services of the maritime, River and lake transport and its ancillary or related services in the territorial sea, the contiguous zone, the exclusive economic zone, inland waters, rivers, lagoons and reservoirs, in accordance with the rules of international law.

(b) implement and control them standards of security, exploitation and conservation of them media and others equipment of the transport maritime, River and Lake, and their services auxiliary or related, in correspondence with the security of the navigation, the protection of the environment marine and others aspects relating to the activity maritime, River and Lake.

(c) to grant, limit, modify, suspend or cancel licences and permits for the provision of the service of maritime, River and lake transport 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, inland waters, the rivers, lagoons and reservoirs.

d) periodically inspect all means of transport maritime, River and Lake, and the auxiliary or related services throughout the national territory, as well as perform other duties of inspection and State control to the maritime, River and Lake activity.

(e) organize and maintain services that are suitable for the safety and support of navigation maritime, River and Lake, except the hydrographic and geodetic works and maritime signalling system.

(f) implement and control the conditions and requirements for seafarers, as well as issue, suspend and cancel existing certificates of competency and endorsements.

((g) preside over the Commission maritime h) have, in name of the State and of the Government, the assistance and salvage of ships, boats and artifacts Naval, that represent a danger for the security of the navigation and the environment marine in them waters jurisdictional.

(i) represent to the State and to the Government in all it relative to the claims by damage and damages to the traffic maritime, River and Lake, from of the ships, boats and artifacts Naval.

(j) establish standards for the safety of maritime, River and Lake navigation, auxiliary or related services, as well as control their fulfillment and issue corresponding certificates.

(k) dictate how many measures of security are necessary for the prevention of them claims and events maritime, River and Lake.

(l) representing the Cuban State to the International Maritime Organization, in later it IMO, including the administration of the approved international conventions in the bosom of this that will permit him, contributing to their implementation and compliance, as well as exercise this representation in other international or regional agencies.

(m) Act as national contact point with the IMO on maritime protection, and to this end: communicate and update the information that regarding this tribute you the Ministry of the Interior.

Promptly send to the Ministry of the Interior, information concerning the issue get IMO, as well as notifications on maritime protection of the authorities designated by the other Contracting Governments; the new measures, regulations and events that promote the IMO and other international and regional organizations on maritime protection.

(n) set on Board of ships, boats and craft regulations on the "system of alert for protection of the vessel".

(n) implement the marked of the number of identification permanent, known as number IMO, that sets the code of protection of ships and facilities port, in it successive code ISPs, of the Convention International for the security of the life human in the sea of 1974 of which Cuba is part, respect to them ships, boats, artifacts naval national, facilities port and works aquacultural.

(o) provide continuous synoptic registry referred to in the International Convention for the safety of human life at sea de1974.

(p) propose to the Government the political respect to the Pavilion overseas to fly by the ships, boats and artifacts Naval, operated by people natural and legal Cuban.

(q) to investigate the causes and conditions that cause accidents and maritime events, for the purpose of establishing measures that apply to prevent them.

(r) participate in the system of aeronautical and maritime search and rescue of the Republic of Cuba, as administrator of the international conventions for the safety of human life at sea, 1974 as amended, and search and rescue sea of 1979.

(s) having in charge the national maritime register.

(t) organize maritime traffic in territorial waters.

 

SECTION second article 6.-is the responsibility of the Ministry of the Interior the following functions: to) safeguarding the domestic order in the territorial sea, the contiguous zone, the exclusive economic zone, inland waters, the rivers, lagoons and reservoirs of the Republic of Cuba and the port area.

(b) prevent, and of result necessary face, them acts illicit that attack against the security of the navigation and the environment marine, and have and do effective them measures of detention and retention of people or ships, boats and artifacts naval arranged by the authorities competent.

(c) exercise control over navigation in the territorial sea, the contiguous zone, the exclusive economic zone, inland waters, the rivers, lagoons and reservoirs of the Republic of Cuba, as well as authorize entry, stay and departure of ships, boats and craft, in the ports, anchorages and marinas and the landing of the auxiliary means, in accordance with the regulations.

d) authorise the docking, moorage and anchorage of ships, boats and craft variations in port.

(e) authorize the access of ships, boats and artefacts Naval, national and foreign with arms, explosives, toxic substances, flammable or special charges which carry out maritime traffic by the territorial sea, the contiguous zone, the exclusive economic zone and internal waters of the Republic of Cuba, as well as ports and subpuertos, by applying the measures that correspond to their control.

f) propose to the Government policy of flag national flag of ships, boats and craft, taking into account the regulations both in the national and international order.

(g) establish the regime of navigation, entry, stay and departure of foreign pleasure boats by Cuban territorial waters, ports and marinas, giving the corresponding special permit of navigation.

(h) participate in the investigation of claims and maritime events that occur in the water spaces of the Republic of Cuba.

(i) implement measures for the protection of ships, vessels and naval artifacts that have shipwrecked, or that represent a danger to the safety of navigation and the marine environment, or which are variations in ports, and those requiring response to natural catastrophes or any other contingency in the sea.

(j) to coordinate the actions for the search and rescue of people in distress at sea, and for this purpose establish cooperation with organizations of the littoral States.

(k) contribute to the development of measures for monitoring and control over the spill or pollution from vessels, vessels and naval artifacts, in port or while browsing the aquatic areas of the Republic of Cuba.

(l) prohibiting and restricting navigation in the water spaces, ports and marinas, in order to ensure the safety of navigation, or when other circumstances so require it for sake of the security of the State and the internal order.


(m) direct the office of those ships, boats and artifacts Naval to the input and output of the port, and to such effects exercise the control of these.

(n) directing national register of ships of the Captaincies of port for the purposes of registration and flag of ships, boats and national craft, issuing, in addition, the certification of the property than for non-commercial purposes.

(n) authorizing the transfer of domain of ships, vessels and artifacts Naval, national property of people natural or legal, of conformity with it established in the legislation national.

(o) issue permits for constructions, modifications and repairs of ships, boats and craft, as well as the technical and operational inspections during these processes.

(p) organize and run the inspection and the sounding of those ships, boats and artifacts Naval.

(q) authorizing the transfer of vessels or craft by land and issued the corresponding permit, coordinating actions and measures that apply to their control.

(r) implement the system of access to the port terminals and ships, boats and artefacts Naval, variations in civilian ports, issuing passes and credentials for this purpose.

(s) issue the special permit of navigation vessels, vessels and naval artifacts, and natural persons who occasionally require it and request to the port captain's Office.

(t) authorize ships, vessels and naval artifacts national exercise of activities other than those prescribed in his certificate of registration.

(u) instruct them records of abandonment of ships, boats and artefacts naval and finds maritime.

(v) authorize the roll and unroll from the endowments national and foreign.

(w) issue, suspend and cancel the identity papers and travel documents of the people of Cuban sea and the foreign permanent resident in the national territory, as well as the meat of sea, the fishing professional, permanent navigation permit, and other special character that are required to make to the sea.

(x) control them titles of the people of sea Cuban and certify them books and daily of aboard of the ships, boats and artifacts naval national, and of them foreigners when these it require.

and accredit national legal entities, joint ventures, international economic associations and foreign firms that develop their commercial activities in aquatic spaces where Cuba exerts jurisdiction, for the purposes of the procedures established by the port captain's Office.)

(z) legalize and certify the acts of protest by the port captain's Office.

AA) approve the ballot authorizing the pilotage service.

BB) submit to the Ministry of transport information on maritime protection which should be sent to IMO in accordance with the provisions of the ISPS code.

CC) execute evaluations and certifications on maritime protection vessels, boats, national craft, port facilities and aquacultural works.

(dd) implement them levels of protection maritime applicable to those ships, boats and artifacts naval national, according to the features of them areas where sail, to them facilities port and works aquacultural, and to them platforms of drilling costa outside.

EE) meet the information about alerts for the protection of ships, vessels and naval artifacts, requests for advice or assistance in events affecting the maritime protection of those who sail in Cuban territorial waters; being the authority to which these can inform any aspect of protection worrying about others ships, boats and artefacts Naval.

FF) serve notices of the Ministry of transport on maritime protection of the authority designated by the other Contracting Governments to the International Convention for the safety of life at sea, 1974, for the purposes of the measures that correspond.

Gg) run control of all ships, boats and craft in accordance with the provisions on maritime protection in the International Convention for the safety of life at sea, 1974 and the ISPS code and verify compliance with provisions regarding vessels, port facilities and national craft and aquacultural works.

HH) authorize organizations internationally recognized to certify maritime protection and providing advice and assessment services to ships, boats and craft national and foreign, as well as port facilities.

(ii) approve them programs of studies on protection maritime that is taught for the preparation of them official of protection and others crew Cuban and of them heads, technical and specialists of security and protection of the shipping companies national e facilities port and works aquacultural, as well as enable them centers teaching and teachers that taught these programs to the personal of Earth.

JJ) control and where appropriate to enforce, enforcement of maritime protection vessels, boats and craft national and foreign, and port facilities and aquacultural works, as well as such and foreign media are not bound by the ISPS code, when they are vulnerable to the occurrence of unlawful acts.

KK) collaborate with agencies and competent institutions of the State and the Government in alternative agreements on maritime protection with other States.

LL) control all means of transport maritime, River and Lake, as well as to carry out the functions of inspection and control state.

Article 7.1.-For the exercise of the national maritime authority, territorial sea, internal waters, the rivers, lagoons and reservoirs Cuban, they are divided into administrative jurisdictions of the port Captaincies, which are set by the Ministry of the Interior.

2. the port Captaincies those national or international maritime traffic-enabled ports that have the volume of traffic and level of registration and commercial activities constitute required.

3. in ports, port, marine facilities, and other locations within the jurisdiction of a port captain, a post of captaincy can be set by order of the Ministry of the Interior.

 

Title II chapter I article 8.-to all legal purposes ships, boats and national naval artifacts are considered individual by its name, port number of enrollment, and Pavilion that holds; attributes that can be purchased once you are enrolled in the national registry of ships of the port captaincy.

 

(First section article 9.1.-the Captaincies of port are responsible for the registration of ships, boats and national craft, regardless of the activity, for the purpose of: a) enrol them in the port which is considered his home.

(b) granting nationality Cuban and with it the right to fly the national flag and considered Cuban territory.

2. these attributes subject to ships, boats and craft to the jurisdiction of the flag State, the internal order of the country, both in international waters or the jurisdiction of another State.

3. the formalities relating to the previously mentioned acts, are regulated in the regulation.

 

SECOND section article 10.1-ships, boats and craft national enrolled at the request of its owner, on the national register of ships of the Captaincies of ports of the Ministry of the Interior, for the purposes of obtaining the attributes indicated in the preceding article, within a period not to exceed thirty days natural from its construction or acquisition.

Registration in this register is equivalent to certification of ownership of ships, vessels and naval artifacts intended for non-commercial purposes, as well as the exploited those purposes on a temporary basis.

2. in the case of ships, boats and national naval artifacts that are exploited commercially, the registration in the national register of ships of the port captaincy, it is a prerequisite to enroll in the national maritime registry in charge of the Ministry of transport.

3. the acts and documents established by this law and other regulations of the Ministry of the Interior, so they take effect before the registry maritime national the Ministry of transport, must register previously in the national register of ships of the port captaincy.

Article 11.1.-can enrol as national and fly the Cuban flag, vessels, boats and naval devices owned: to) Cuban natural persons domiciled in the Republic of Cuba.

(b) Cuban legal persons, constituted according to Cuban law.

(c) natural persons or legal foreigners with permanent residence in the Republic of Cuba.

2.-vessels, boats and national naval artifacts are also considered and are enrolled in trade, the following: a) the abandoned within Cuban territorial waters, in accordance with the provisions of article 20 of this law.

(b) forfeited or confiscated by the Cuban authorities.

(c) the maritime dam.


3.-the captaincy of port you gives the certified of registration to all ship, boat and artifact naval registered in his record, giving faith of its registration in the list of registration that you corresponds. This certification is part of the documentation of the ship, vessel, and naval artifact and remains on board properly preserved.

 

THIRD section article 12.1-the Consul of the Republic of Cuba, at the request of the owner or permanent resident Cuban shipowner in the national territory, may issue a document called a ship's passport safe-conduct allowing flag temporarily Cuban-flagged ship, vessel, and naval artifact built or acquired abroad, with the only purpose to come to Cuba to formalize your registration and flag definitive.

2. the Cuban flag merchant vessels and foreign fishing under provisional flag chartered by Cuban authorities and to other foreign vessels, as well as the provisional flag under foreign flag commercial vessels and fishing Cubans chartered by non-nationals, are governed by provisions of the legislation in force.

3. the provisional flag under the Cuban flag to vessels and artifacts naval foreigners chartered by Cuban entities, as well as the flag under foreign flag vessels or Cuban craft chartered by non-nationals, are governed by the regulation.

4. the final registration of a ship, boat, and Cuban naval artifact, under foreign flag, requires the approval of the national maritime authority and is processed through the Ministry of the transport, as regulated in the regulation.

Chapter II article 13.1.-the registration maritime national of the Ministry of the transport has to his charge the registration of them ships, boats and artifacts naval national that are exploited with late commercial by people legal Cuban and them people natural that it do with character final; constituting this inscription the title of ownership of these naval means.

2.-not produce effects facing third them acts and documents that according to the present law and others provisions regulations dictated by the Ministry of the transport, must sign is in the register maritime national and not meet this requirement.

3. the entry in the national maritime register, does not exempt from the duty to register vessels, vessels and naval artifacts in other public records that may be required. The procedure for registration and this record low, is set in the regulation.

Article 14.-To cancel the registration on the national maritime register by temporary decline in a ship, vessel, and naval artifact subject to a Charter agreement, is required to officially certify the applicable foreign law allows the flag provisionally, or if the administrative provision which authorizes the flag.

 

Title III chapter I article 15.1.-the property of those ships, boats and artifacts naval is can acquire by construction, dam maritime and abandonment. Also apply le, in the relevant forms laid down in national legislation.

2. the acquisition of a ship, vessel, and naval artifact and changes of ownership or any lien on, must consist in a public document and contain the elements of identification of the vessel, boat and naval artifact, and register on the national register of ships of the port Captaincies and the national shipping registry, as appropriate, so that it takes effect against third parties.

3.-the transmission of the property of all ship, boat and artifact naval of nationality Cuban, is transacts before the captaincy of port and when comes is inscribed in the register maritime national, according to the procedure that is sets in the regulation.

4. in the case of the sale of the ship, vessel, and naval artifact occurs terminate any contract between the shipowner or shipowner with the captain or skipper, reserving his right to compensation that corresponds, according to what is agreed in the contract to these.

5. the master may not acquire by prescription ship, boat and naval artifact that sends.

 

SINGLE section article 16.-the seizure of a ship, vessel, and naval artifact, is governed by provisions of the national legislation and the international conventions on the subject, which the Republic of Cuba is a party.

 

Chapter II article 17.1.-the co-owners of a ship, boat, and naval artifact choose naval administrator who shall represent them, whose appointment is revocable at will of the owners themselves, who enjoy the right of first refusal and withdrawal on sales made to third parties.

2. all the joint owners are obliged, in the proportion of their respective property, the costs of repairing the ship, boat and naval artifact and other costs which are carried out under the most agreement. Also respond, in equal proportion, to the costs of maintenance, equipment and supplies of the ship, vessel, and naval artifact, necessary for their exploitation.

 

Chapter III article 18.-a vessel, boat and naval appliance overseas can be abandoned in favor of the Cuban State for express manifestation of the proprietor, or by administrative Declaration of the national maritime authority.

Article 19.-For the purposes of this chapter the ships, boats and foreign naval artifacts that are found in the territorial sea or inland from the Republic of Cuba, or in any of its port facilities, shall be subject, by that only made, within its jurisdiction.

(Article 20.-the authority maritime national can declare the abandonment administrative of a vessel, boat and artifact naval, by any of them causal following: to) remain in port out of operations commercial and without Endowment minimum of security by a period top to ten (10) days natural and without request the authorization of mooring or anchoring temporary, or out of them limits of a port by a period top to thirty (30) days natural.

(b) is put in service, once met deadlines or extensions of mooring or temporary funding that have been authorized by the port captain's Office.

(c) when it is aground or capsize without that made the necessary actions for their assistance or rescue, for whom it is responsible for the nautical and technical management of the medium or failing is not effected its removal in the term established by the port captain's Office.

(d) any act or omission which shows the disinterest of its owner, shipowner or shipowner by continue exploiting it commercially and nautical.

Article 21.1.-to know the port captain's Office than a ship, vessel, and naval artifact has incurred in any of the grounds provided for in the preceding article, reported it immediately to the Ministry of transport when the naval media are commercially exploited, and the Ministry of the Interior in the case of non-commercial, and proceeds to the empowerment of the corresponding record of abandonment terms and formalities provided for in the regulation.

2. the port authority informs the owner of the naval environment, directly or through the consignee, and the flag State, enabling abandonment of record. This notification, the owner of the naval environment has a term of twenty (20) calendar days to appear before that authority, or by an agent or legal representative, and remove, at its expense, the cause of abandonment in which the naval environment is.

Article 22.-If the location of the naval environment which has begun abandon record, this constitutes an obstacle or danger to the safety of navigation, for port operations, fishing or other activities related to the waterways, or poses a risk imminent or potential contamination of the environment marine; the national maritime authority, through the Transport Ministry or the Interior, as the case may be, has his temporary transfer to the place where does not represent such obstacle or hazard, running on behalf of the owner the expenses generated by this action.

Article 23.-the owner whose vessel, boat and naval artifact is in the situation described in subsection c) of article 20 of this chapter, and is not possible to assume the cost of the actions of assistance, rescue, or removal that is available to them; can declare the abandonment volunteer of the average naval in favor of the State Cuban before the authority maritime national, prior consent of this.

Article 24.1.-The administrative abandonment of a ship, vessel, and naval artifact, comes when decursado the term provided for in the preceding article 21.2, unless the owner has satisfied the requirement made by the port captain's Office.

2. the administrative Declaration of abandonment is decided by resolution by the maritime authority, which provides income of naval medium to the heritage of the Cuban State pursuant to an act of sovereignty, with express pronouncement of its most useful destination. It is published in the Official Gazette of the Republic and communicates it to the flag State of the naval environment.

3. against this resolution, not applicable resource nor any claim in administrative or judicial matters.

Article 25.-The abandonment of ships, vessels and naval artifacts imported temporarily, is governed by provisions of the existing legislation on the subject.

 

CHAPTER IV


Article 26.1.-them people natural or legal dedicated to the construction, modification or repair of ships, boats and artifacts Naval, for perform such works must have the license of operation of the transport issued by the Ministry of the transport and be accredited in the captaincy of port of its jurisdiction.

2.-each construction, modification or repair of ships, boats and artifacts Naval, as well as each installation, repair and removal of the machines propulsion or of any other team, requires of the prior authorization or permission of the captaincy of port.

3. the plans for the construction or modification of vessels, boats and craft of Cuban flag and foreign flag belonging to Cuban shipping entities based in the country, must be previously approved by organisations recognised by the Ministry of transport, and during their implementation are subject to the tests, inspections and checks corresponding.

Article 27.1.-them ships, boats and artifacts naval national that is acquire, repaired or modified in the foreign, must respond to them demands technical established for its registration in the register national of ships of them Captaincies of ports.

2. the registration of ships, boats and national naval artifacts that suffer modifications as a result of their service overseas, is overcome by the shipbuilders or shipowners of these means, to the national register of ships of the port authority and the national maritime register.

Article 28.-The technical demands of security and administrative which must satisfy the construction, modification or repair of a ship, vessel, and naval artifact, depend on employment and their future arc, as well as the features of the navigation to perform. These requirements are laid down in the regulation, and to its non-compliance with the Ministry of transport and the port captain's Office can halt such work or prohibit navigation, without prejudice to the civil or criminal liability arising from those events.

Article 29.-The provisions of the preceding articles is applicable to the construction, modification, installation, repair and removal of main propulsion machinery or other equipment, whose results affect the parameters under which were registered vessels, vessels and naval artifacts in the national registry of ships at the port captaincy of their jurisdiction and in national maritime registry.

Article 30.-Cuban legal persons engaged in work of construction, repair and maintenance of equipment and means required for the compliance of safety of human life at sea, the navigation and the prevention of pollution of the marine environment, should be approved by the competent body, and meet Cuban standards and those concerning setting up international treaties of which the Republic of Cuba is part.

 

Chapter V article 31.1.-deactivation and scrapping a vessel, boat and naval artifact, is authorized by the Ministry of transport and communicates this to the port captain's Office in your jurisdiction.

2.-for the scrapping, the owner or who have to its charge the exploitation of the ship, boat and artifact naval, must constitute warranty enough for cover them expenses by the cleaning and recovery of them assaults to the area where is perform, and others damage and damages that can cause is. This warranty is prerequisite to the beginning of the work of scrapping.

3. deactivation and scrapping a vessel, boat and naval artifact, sunk or stranded, are governed by provisions of the regulation.

Article 32.1.-The authorization referred to in the preceding article does not come when the deactivation or dismantling of the ship, vessel, and naval artifact, as appropriate, affects the interests of creditors, its owner or who exploit it commercially.

2.-the Ministry of the transport and the captaincy of port, monitored them measures of security during the execution of them actions consigned in the article preceding, can sort its stoppage when check that his execution not is adjusts to it established in the regulation.

 

SECTION only article 33.-La Capitania de Puerto authorizes the mooring or temporary anchoring of ships, vessels and naval artifacts, to remain in port outside commercial operations, but with the minimum complement of on-board safety and always that do not impair the port services.

Article 34.1-elapsed the term authorized for the mooring or anchoring or the of its extension in case of have you been granted, and the ship, boat and artifact naval not is puts in service again; the captaincy of port, of trade or to request of the administrator of the terminal port where is is docked or anchored the medium, has its trailer to the place that is determine by the Ministry of the transport, heard the seem of the Ministry of the Interior. Towing costs are borne by the shipowner or shipowner.

2.-equal determination is adopts if during the term authorized the ship, boat and artifact naval, is in danger of sinking or constitutes an obstacle for them operations port.

(3 Incumplida trailer order, proceed to deal with statement of administrative abandonment of the naval environment in correspondence with the provisions of subparagraph (b)) of article 20 of this law.

 

Chapter VI section first article 35.1-them ships, boats and artifacts naval national must meet them conditions of security planned in the legislation Cuban and in them conventions International that them are applicable, as well as which is established complementarily.

2. these safety conditions are determined by the Ministry of transport, in correspondence with the service they provide such ships, vessels and naval artifacts, and the characteristics of navigation that perform.

Article 36.1.-The Ministry of transport issued him to ships, boats and craft national safety certificates according to the established in the previous article, as proof that they satisfy technically satisfactory conditions for the safety of life at sea and the navigation, and the prevention of pollution of the marine environment established after performing the tests and inspections.

2. in addition, you can authorize Cuban institutions or foreign technically recognized, to make such inspections and verifications, and issued the certificates previously designated Government, which must be accredited before the port captain's Office on behalf of the Cuban State.

3 unless evidence to the contrary, it is assumed that a ship, boat, and naval artifact, with existing security certificates, satisfactorily complies with safety requirements which allow you to make the sea.

 

SECOND section article 37.1-ships, boats and national craft must fulfill maritime protection measures in international conventions which apply to them, as well as those set out in the regulation.

2. the Ministry of transport sets regulations on marking permanent identification number, and the system for the protection of the ship just as it issues the continuous synoptic registry ships, vessels and naval artifacts of Cuban flag.

Article 38.-The Ministry of the Interior authorizes recognized organizations, to be certified maritime protection and its advisory services and evaluation, in ships, vessels and naval artifacts of Cuban flag and national port facilities, as well as foreign vessels requesting it.

Article 39.-Maritime protection measures and protection level applicable to ships, boats and national naval artifacts, as well as national port facilities, are determined by the Ministry of the Interior.

 

THIRD section article 40.1.-the Ministry of transportation inspect the general condition of vessels, boats and craft in any place where these are, that of foreigners in territorial waters of the Republic of Cuba, as well as of their equipment, and Manning, check the validity of certificates and documents set out in international conventions and national legislation relating to the compliance of the safety of life at sea for navigation safety and the prevention of pollution of the marine environment.

If the inspection verifies that the manning of the ship, vessel, and naval artifact, does not comply with the requirements previously established, the naval environment can be stopped until the detected shortcomings are resolved.

2. the port authority at the time for the visit or the clearance of ships, vessels or craft, also performs recognition of certificates and documents previously listed, reporting observed deficiencies, inspectors from the Transport Ministry to remedies as set out in the regulation.

3. the port authority inspects vessels, boats and craft national and foreigners in the territorial waters of the Republic of Cuba, as regards compliance with the ISPS code and other interests of the security of the State and the internal order.


4. when the port captain's Office, during an inspection verifies that the captain, the crew or the vessel violated provisions of this law or its regulations or other national provisions relating to the maritime, River and Lake navigation, be interested in the release of offenders, as well as prevent the ship, vessel, and naval artifact to navigate until the causes and conditions which have caused the detected deficiencies are not eliminated.

5.-the Ministry of communications inspects them ships, boats and artifacts naval Cuban and foreign, with regard to the compliance of them rules national for the employment of them stations of radiocommunication and the use of the spectrum radio, as well as of them contained in them conventions International of the matter of which is part the Republic of Cuba.

Article 41.-owners or shipowners, captains, patterns and crew members of ships, boats and craft national and foreigners variations in Cuban ports, are obliged to recognize the authority of the inspectors of the Ministry of transport and the port captain's Office, as well as: to) facilitate inspections and checks which they perform.

(b) auxiliary its actions and provide them the data and reports that require.

(c) order and execute maneuvers that are indicated to them, taking measures to ensure the safety of the personnel on board, don't expose naval media, load, and the port facility and work hydrotechnical.

Article 42.1.-To observe any violation of the provisions of the preceding articles, the departure of the ship, vessel, and naval artifact, is subject to the outcome of its review on the matter, and the expenses incurred in this are assumed by the shipowner or the shipowner or his representative in the port of inspection.

2. when the offender is a ship, boat, and foreign naval artifact and settles his detention, is released once fulfilled the formalities provided in the regulation, except that it involves a risk of significant harm to the environment marine, which should immediately communicate to the Consul or the authorities of the flag State of the naval environment, through the Ministry of Foreign Affairs.

 

Chapter VII article 43.-the authority maritime national, is responsible to enforce preventive measures in Cuban territorial waters over pollution of the environment, established in current legislation and the international conventions to which Cuba is a party.

Article 44.1.-is prohibits the pollution of them waters subject to the jurisdiction Cuban by which navigate them ships, boats and artifacts Naval, as consequence of the operation of them same understanding as such it produced by the download to the sea of them waste solid and liquids, them mixtures oily, them waters of bilges, them sludge semi-solid and the ballast , or by the spill, shedding or any act equivalent of the substances or materials that is carried as loads or of them hydrocarbons contained in the tanks of consumption.

2. the captains and ships, boats and craft patterns should communicate with immediacy to the port captain of the corresponding jurisdiction acts of pollution which come from the naval means at his command or others who know, when they occur in the waters over which the Cuban State has jurisdiction or having been caused outside these may affect them. The captaincy of port that receive the communication of the event contaminant is in the obligation of put it in knowledge of them bodies competent for the exercise of them actions legal and of response corresponding, of conformity with it legislation environmental existing.

3. the requirement of civil liability for damage resulting from pollution referred to in paragraph one is governed by the provisions contained in the respective chapter of this law, without prejudice to the criminal responsibility in that in-curran those who caused the contamination.

 

Chapter VIII section first article 45.1.-privileged credits continue to ship, vessel, and naval artifact, any is the possession to this pass.

2.-maritime liens on ships, vessels and naval artifacts, gives the creditor the right of preference to collect their credit, in relation to other creditors, according to the following order: to) the costs due to the State, and expenses incurred in the common interest of the creditors, to preserve the ship, vessel, and naval artifact, or to manage your sale pilot or other rights of ports and the same character expenses, expenses of monitoring and preservation of the ship, vessel, and naval artifact since its entry to the last port.

(b) claims arising from contracts of work with the master, crew or any other person employed on board.

(c) the remuneration by assistance or rescue and the contribution of the vessel, boat and artifact naval to the breakdown thick.

(d) compensation approaches, or other maritime claims, as well as damage to port facilities, aquacultural, and waterways.

(e) the compensation for injuries personal to passengers or crew.

(f) compensation for loss or damage to the cargo or baggage.

(g) claims arising from contracts or acts performed outside its port of registry, provided such contracts or acts are necessary for the preservation of the ship, vessel, and naval artifact or for the continuation of the journey, as the master her owner or not, and whether his claim or from suppliers, repairers lenders or other contractual creditors.

3.-them privileges maritime is extinguished by the course of a year, starting from the date in that these are make enforceable, unless is has exercised an action aimed to the however of the vessel, boat and artifact naval. The extinction of the maritime privilege does not credit or compensation to which has place.

Article 46.-the ship, boat and artifact naval in construction you gives to the creditor a right of retention on the object in construction, until the total liquidation of the debit.

This privilege not be extinguished by the transfer of the property.

 

SECTION second article 47.1.-have maritime liens on goods transported, from appropriations from: to) customs rights which correspond to pay at the place of discharge, and the deposit in tax zones.

(b) legal expenses made in the common interest of the creditors.

(c) extraction of shipwrecked ones goods.

(d) reimbursement of expenses and remuneration for the assistance of persons or for the salvage of the ship, vessel, and naval artifact, in which payment should participate the load and the contribution to general average.

(e) freight and other receivables arising from the contract of carriage, and costs of loading, unloading and storage.

(f) the amount of the debt contracted by the master over the charge, in the case of lack of funds to continue traveling, and that in that port not reachable, by any route, the shipowner or shipowner or his agent.

2. the maritime liens on goods transported are extinguished if the action is not exercised over the course of thirty (30) days from the date they finished downloading, and provided that those have not gone legitimately to power of third parties.

3 initiate the download, the carrier can not keep the goods on board for non-paying the freight, but it may apply to the competent judicial authority be warranty on this. In any case, the carrier must deposit in a place that does not prejudice the port services and goods at the expense of the owners of the cargo.

 

Chapter IX article 48.1-ships, vessels and naval artifacts, including those who are in construction real estate are considered only for the purpose to constitute them the mortgages.

2. the naval mortgage holding, directly and immediately, the ship, vessel, and naval artifact taxed, to the fulfilment of the obligation for which security has been established, anyone who is the holder.

3. to constitute a naval mortgage you need to have the free disposal of the good, and may appear by itself, or through proxy with underpowered for its granting. You can be in favor of certain natural or legal persons, or your order, or by issuing nominative individual titles or carrier and also in favor of the State.

4. the owner of a ship, vessel, and naval artifact, not can be mortgaged separately your part in it, if this doesn't represent more than fifty (50) percent of the same or, failing that, without the consent of the condominium that represents this majority.

Article 49.-Constitution of the mortgages will be in accordance with this law, and it is noted in public deed before a notary, enrolling in the national maritime registry in the case of ships, boats and craft for commercial purposes, and on the national register of ships of the port captaincy for those media who do not respond to such purposes. When he is abroad must be granted before the Cuban Consul or the competent authority.

Article 50.1.-transmission of the mortgages of any kind that was, is regulated by the General rules that apply to you, but any assignment or transfer of naval mortgage must enroll in the national register of ships of the port authority and the national shipping registry, so that the beneficiary may be required by your payment.


2. the order of priority of mortgages is determined by its registration in the above records.

(3.-have preference on them credits mortgage that is constitute, them following: to) them rights of piloting, tonnage or berthing and others of ports, and them wages due to the captain or pattern and crew, earned those rights and these wages in the last trip of the vessel, boat and artifact naval.

(b) the amount of the awards of the ship, vessel, and naval artifact and endowment insurance for the last year.

(c) the obligations tax that should meet the owner of the vessel, boat and artifact naval, by reason of the last trip of this or of the year immediately previous.

(d) reimbursement of the effects of loading sold by the master to repair the ship, vessel, and naval artifact, provided that the sale is ordered by court order, with the formalities required in such cases and annotated in the certification of registration of the ship, vessel, and naval artifact.

(e) the compensation due to them Chargers by the value of the load onboard that not is has delivered to them consignees, or by faults suffered of that is responsible for the ship, boat and artifact naval, whenever both stating in sentence judicial or arbitration.

(f) the amount of general average which corresponds to meet the owner of the vessel, boat and naval artifact, per the last trip.

(g) rights or litigation credits which had been annotated preemptively on the national maritime register or the national register of ships of the port captaincy, as appropriate, under warrant, when they are recognized in enforceable judgment or transaction provided or approved by all concerned before the mortgage registration.

4.-to the amount of general average referred to in subparagraph f) of the preceding paragraph, have the preference that is available, it is necessary: to) has been in the form prescribed in the regulations.

(b) expenditures that have occurred and the damage caused are consequence of the general average.

(c) that the justification of it breakdown thick is has effected always with the intervention of the authority judicial Cuban or of the Consul of Cuba, in its case, or in its defect by it authority local. The result is scoring in the certification of the registration of property that should carry the captain or pattern.

(d) that the liquidation of breakdown has been made pursuant to the provisions of the regulation.

Article 51.-them institutions financial Cuban boast the right preferential for the acquisition of titles mortgage, through the payment of its value to them owners, when these by any reason decide sell them, transfer them or assign your domain.

Article 52.-Other formalities and requirements that must be met in the mortgage contract, as well as the requirements for registration in the corresponding registries, are established in the regulation.

 

Title IV Chapter I article 53.1.-can be shipowner or shipowner Cuban natural or legal person that meets the following requirements: to) be constituted in accordance with Cuban law, in the case of legal persons.

(b) be domiciled in the national territory.

(c) be registered in the national register of ships of the port captaincy.

(d) hold the license of operation of transport.

Article 54.1.-the owner or shipowner that assumes the exploitation of a ship, boat and artifact naval under a contract of Charter to helmet naked, must declare it before the record national of ships of the captaincy of port, and once ceases that mode of Charter, request it low of your registration as such in said record. The request is also possible by the owner of the ship, vessel, and naval artifact.

2.-If not is makes the statement, the owner, the shipowner or shipowner respond jointly and severally of them obligations of any nature derived of the exploitation of the ship, boat and artifact naval.

Article 55.-The owner, shipowner or shipowner of the ship, vessel, and naval artifact, are civilly responsible for the acts of the master, and the obligations assumed by them for the exploitation of the naval environment.

 

Chapter II article 56.1.-vessels, vessels and naval artifacts have a captain or pattern, which is the highest authority on board and all persons engaged are under his command; being responsible for the medium naval, even when not on board, crew, passengers, cargo, documentation, and legal acts carried out as such. Their functions, powers and obligations are established in the regulation, in them standards internal of the marina merchant and in them conventions International of which is part the Republic of Cuba.

2. being in international waters and on behalf of the Cuban State, the captain or pattern of a ship, vessel, and naval artifact, you have registration, notarial and legal public functions that are described in the regulation.

Article 57.1-them captains and patterns of them ships, boats and artifacts naval Cuban, must have the citizenship Cuban and count with the expertise and competition technical necessary for send and direct the ship, boat and artifact naval, what is makes recorded by them certified and others documents required to the effect. When exceptionally necessary to use captains and foreign patterns, they must previously be authorized by the Ministry of transport and having the expertise and technical competence.

2. captains and patterns without the consent of the shipowner or shipowner, cannot be replaced by another person, and if they do so, in addition to being responsible for all the acts of the substitute, are required to the compensation that they are in this sense.

 

Chapter III article 58.1.-each Member of the crew of a ship, vessel, and naval artifact, must have the technical competence and practice required in national legislation and the international conventions of which is part of Cuba, and not be disabled for the performance of his office, which is credited in the documents set out in those provisions.

2. the shipowner or shipowner determine the number of persons comprising the crew of the ship, vessel, and naval artifact, for its operation and maintenance, which may not be less than the minimum required by national and international regulations. The master can shape the crew, when the shipowner or shipowner ordered it, or when they are unable to do so for any reason.

3. every crew member is subject to the provisions applicable to the merchant with respect to its functions, powers and obligations.

FIRST section article 59.1-officers respond of all the damages caused to the ship, vessel, and naval artifact and the load, due to their negligence and incompetence, without prejudice to the criminal liability to any place.

2. the officers give fulfillment orders that are settled by the captain or pattern in the book of orders of the ship, vessel, and naval artifact, as well as the parcels that are assigned to them by this.

Article 60.-The Prime official of bridge replaces captain in cases of absence, illness or death, assuming their functions, powers and obligations.

Article 61.-Any ship and naval artifact of gross tonnage or more than five hundred (500), has a bridge officer on duty that acts on behalf of the captain and responds to this by the medium, order and discipline on board, safety and compliance with the orders received; being empowered to require the help of the staff of a Board, both emergency and routine operations. While browsing this officer cannot change the course of the ship and naval artifact, without consent or order of the captain, except in cases of emergency, fully justified.

 

SECTION second article 62.1.-to any ship, vessel and national naval artifact the Transport Ministry assigned a minimum staff to ensure the safety of navigation and the operation of this, as well as the prevention of pollution of the marine environment.

2. the elements to be considered in the minimum security staffing, are regulated in the regulation.

 

THIRD section article 63.1.-the Ministry of transport, on behalf of the Government of the Republic of Cuba, has the Administration, implementation, execution and control of the International Convention on standards of training, certification and Watchkeeping for seafarers, as amended, and to these ends oversees that training and certification of seafarers in training centres , maritime training and requalification, are in accordance with the above-mentioned requirements, without prejudice to what was established by the Ministry of the revolutionary armed forces, of higher education, education, and communications.

2. also supervises on Board of ships, vessels and naval artifacts, maritime competition and fitness patterns, captains, officers and the ratings to their functional obligations; Service Guard and breaks, as well as employing agencies comply with and enforce the requirements established in the agreement referred to in the preceding paragraph.


Article 64(1).-The Ministry of transport made, issued, suspends, returns and cancels the endorsement of maritime titles, captains, patterns and officers, document that guarantees updating of maritime competition and physical fitness to navigate.

2.-all them people to the be enrolled in them ships, boats and artifacts Naval, are forced to carry them original of them titles and certificates that guarantee your competition maritime.

Those captains, patterns and official, moreover, are forced to carry the endorsement of titles maritime.

Article 65.-The Ministry of the Interior endorses the certificates of maritime competence of captains, patterns, officers and ratings, issued by the training centres as evidence that these people, in addition to being properly titled, have updated such competition and are physically fit to sail.

 

SECTION fourth article 66.1-the Ministry of the Interior, according to their provisions regulatory, made, issued, suspends, returns and cancels them documents of identity of the people of sea Cuban.

2. Cuban sailors, to be enrolled in ships, vessels and naval artifacts to make the navigation maritime, River and Lake, are obliged to carry the seafarers identity documents.

3. the enrolos and desenrolos of the seafarers are handled at the port captain's Office, prior compliance with the formalities laid down by this.

Article 67.-Cuban seafarers identity documents, must contain all data set out in the regulations and conventions International that are applicable that the Republic of Cuba is party, as well as maritime competence certification and registration of the service at sea.

 

Chapter IV article 68.-maritime trade is the Cuban legal person which acts on behalf of the shipowner or shipowner in his capacity of representative and agent with respect to the vessel, boat and naval artifact, as well as freight. You can also attend the master acts and efforts which is entrusted, with the exception of acts of Administration for the office of the medium naval and other permissions required for its operation.

Article 69.1.-the consignee is the agent that is in charge of Act by has and to name of the owner or shipowner, in them operations relating to the transport maritime and to the load in the port of consignment, as his representative before them authorities maritime or port, can play them functions that is have in the regulation.

2. for the operation of ships, boats and craft in Cuban ports, any shipowner or national or foreign shipowner must designate an agent consignee.

3.-the boats of recreation in functions tourist, sports, of fishing, and others, by the activity that made are represented by the administration of it own entity where are basificadas; except that by provisions of the Ministry of transport require the designation of the consignee.

 

Title V chapter I section first article 70.1.-the arrival to the Cuban trade ports is open, in peacetime, to ships, vessels and naval artifacts of any State, under the terms of the present law and conventions International that are applicable, which may be denied where there is no reciprocity with ships, boats and Cuban naval artifacts in this sense , or other circumstances so dictate.

2.-in them bays, ports and others waters restricted, it speed maximum of navigation allowed to them ships, boats and artifacts Naval, is which guarantees its Government safe and the safety of the navigation, according to it established in them provisions dictated or that is dictate to the effect by the Ministry of the transport.

Article 71.1.-The Ministry of transport and the port captain's Office, for reasons of safety of navigation or when the public interest requires it, may restrict or prohibit navigation, input and output port or the permanence of ships, vessels and naval artifacts in certain areas of territorial waters.

2. in the areas of beaches and areas reserved bathers, prohibited in the area of safety of two hundred (200) meters, adjacent to the coast.

Article 72.-them ships, boats and artifacts naval foreigners that sail in them spaces maritime in which the Republic of Cuba exerts jurisdiction, should have marked his name and port of registration in place visible, as well as the number IMO when appropriate, and fly the Pavilion that le is authorized.

Article 73.-in the territorial sea and internal waters, submarines and other foreign submersible vehicle, must navigate on surface and fly its flag.

 

SECTION second article 74.1.-the navigation of them ships, boats and artifacts naval foreigners through the sea territorial, is carried out according to the regime of step innocent, whenever is perform to cross them areas open to the navigation of this sea.

2. the innocent passage is rapid and uninterrupted and does not include detention and beyond anchoring in the port areas, except in circumstances of force majeure or danger imminent and prior permission of the national maritime authority or the Ministry of the revolutionary armed forces for naval vessels.

3. it is considered that the passage of a vessel, boat and foreign naval artifact is detrimental to the peace, good order, defence or national security, if the territorial sea is any activity unrelated to the navigation of innocent passage, in accordance with the international conventions of which is part the Republic of Cuba and what is available in the regulation.

Article 75.1-Ships, boats and foreign naval artifacts that exert the right of innocent passage through the territorial sea, must observe the national and international standards relating to the safety of human life and property at sea, navigation, protection of resources and the marine environment, as well as customs, tax provisions , immigration, sanitary and fly its flag.

2. the innocent passage through the territorial sea is suspended temporarily or in a certain area for reasons of Defense, national security, or to carry out military exercises, or other State interests, which makes the required disclosure for general knowledge by the Ministry of the revolutionary armed forces.

3. the State of the Republic of Cuba can prevent any step which is not innocent by the territorial sea, in accordance with the provisions of international law.

 

THIRD section article 76.-the navigation by the scope that is performed is classified into: to) navigation in inland waters: which is carried out entirely within the boundaries of the baseline of the Republic of Cuba.

(b) coastal navigation: which is carried out along the coast between ports or points located in maritime areas, or on the coast of the Republic of Cuba.

(c) navigation height: which takes place by sea between ports or points located in the Cuban sea areas, and points located outside these areas.

(d) international cruise navigation: which is carried out by sea between ports or points located in the Cuban sea areas and ports abroad, as well as between foreign ports.

Article 77.1-Navigation of coastal and inland waters for commercial purposes, is reserved for vessels, vessels and naval artifacts that flying the Cuban flag.

2. when for reasons of lack of ships, boats and craft national to fulfill this service or for reasons of specialty for certain shipping freight, passage or tourism, it is necessary to employ ships, boats and foreign naval artifacts, they should be previously authorized by the national maritime authority.

3. the stay and navigation of foreign pleasure boats in Cuban territorial waters, require a special sailing permit issued by the port captain's Office. The expedition, control and suspension of the concerned are established in regulation.

Article 78.1.-Navigation, according to the conditions of provision, is classified in regular and non-regular. Regular navigation is which is done via regular subject routes, frequencies previously established scales, rates and conditions of carriage. Which is not carried out under these terms is considered non-regular navigation.

2.-for the establishment of a line regular of navigation of height by ships, boats and artifacts Naval, having as destination ports Cuban, is requires the authorization of the Ministry of the transport, which is transacts according to is establishes in the regulation, except in those cases where exist some agreement bilateral subscribed by the Republic of Cuba to the respect.

3. in those services regular navigation of inland and coastal navigation and whenever it deems relevant, can be public service obligations to ships, vessels and naval artifacts, in view of its special characteristics and to ensure their use under conditions of continuity and regularity.


4.-the authority maritime national, can establish obligations specific to them shipowners or shipowners that performed services regular or not regular of navigation of waters interiors, of cabotage, of height or of crossing international, by reasons of rescue, security of the navigation, fight against the pollution, health u others causes of utility public or interest social.

Article 79-It has character of navigation of public interest, which is considered necessary to ensure maritime communications in the national territory. It is 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 control systems of maritime traffic, the establishment or updating of the separators of maritime traffic, to avoid areas and prohibition of navigation, the areas of prohibition of funding or stay, and any other regulation related to maritime traffic; of conformity with those conventions international and the law national.

2. the Ministry of the Interior is responsible for the Organization and functioning of the control systems of the separators of maritime traffic, and the fulfillment of other regulations related to the traffic.

Article 81.1.-The ministries of the revolutionary armed forces, the Interior and transport, Assembly, determine the conditions and regulations that are required to ensure the safety of navigation in landfall, entry, stay and departure of ships, boats and craft in the ports, channels, anchorages and areas of security for operations with dangerous goods, as well as in the areas of exploration and exploitation of natural resources in the maritime areas of the Republic of Cuba.

2. the port authority controls the fulfillment of the conditions and regulations that are required for the safety of navigation, during manoeuvres and in the previously mentioned areas.

Article 82.-to the purposes of it security and control of the navigation, as well as of the rescue maritime, the Ministry of communications reconciles with the Ministry of the transport them regulations to issue and them new systems that require them communications maritime.

 

SECOND section article 83.1.-the Ministry of the revolutionary armed forces, in coordination with the Ministry of transport, establishes the maritime signals and other AIDS to navigation that are required, according to the traffic volume mari-swindle and the degree of risk to navigation, in accordance with the legislation in force and the international conventions.

2.-the Office national of hydrography and geodesy, attached to the Ministry of them forces armed revolutionary, is it responsible of the construction, installation, operation and maintenance of the system of signaling maritime of the country, and assumes them expenses that this causes concerning them signals maritime and others supports to the navigation, as well as in them way navigable and channels main.

3. the captains and patterns of ships, vessels and naval artifacts, are obliged to inform the Ministry of transport and the port captain's Office, of the shortcomings and imperfections that warn maritime signals. and latter inform, at the same time, to the national Office of hydrography and geodesy for publication in notices boaters.

Article 84.1-Institute of Meteorology is responsible for having available to users, the weather information on the territorial sea and internal waters of the Republic of Cuba.

2. vessels, boats and craft national report, with the frequency that is set, the hydrometeorological variables which observed during their journey through the territorial waters of the Republic of Cuba or through international waters, at the request of the Institute.

Article 85.-to them late of not interfere the display of them signals maritime from the sea, them people legal and natural that projected or intend to run works in the coastal maritime, the keys or in them waters jurisdictional, should submit them to the process of compatibilization with them instances that corresponds.

 

SECTION third article 86.-is considered arrival the arrival of a ship, boat and artifact naval to a port or to a point of the coast recorded in the office of output of the port of where comes, regardless of the realization or not of operations.

Article 87.1-The direction of the clearance of ships, boats and craft entering or leaving port refers to the port captain's Office.

2.-all ship, boat and artifact naval, must get a clearance end of the captaincy of port, through which is formalized its input or output to the port. With the exception of the port pilot, no person can climb on Board of ships, vessels and naval artifacts that arrive from abroad Cuban ports, before granting the free talk or after having been shipped out.

3. the consignee of the ship, vessel, and naval artifact, must inform the captaincy of port and other authorities that apply, the arrival or departure of this port, with no less than twenty-four hours in advance to the office.

4. the offices issued by the port captain's Office, void and are denied for the reasons set out in the regulation.

Article 88.1-The clearance of ships, vessels and naval artifacts, is classified of inland, coastal, height and crossing international waters, and for this purpose its captains, patterns or consignees must submit the documents provided for in the regulation.

2. vessels, boats and naval devices require only from the office of the port captain's Office, when they make navigation of coastal or inland waters, except within the bays, ports, rivers, lakes and dams.

3.-for them movements of the ships, boats and artifacts naval within them bays, ports, rivers, lakes and dams, only is requires the authorization of the captaincy of port.

4. vessels, vessels and naval artifacts that perform the height or the international crossing, navigation must submit prior to the office of the port captain's Office, documents that prove having complied with customs, immigration and sanitary regulations.

Article 89.-them inputs and outputs of them ships, boats and artifacts Naval in them 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 captaincy of port.

Article 90-Pleasure boats for activities in sports, or tourist office is governed by special provisions.

FOURTH section article 91.1-El Capitan or pattern can take the corrective measures necessary to maintain order and discipline on board, without prejudice to administrative liability or criminal to the conduct of the offender given place.

2. the captain or master of ships, boats and artefacts Naval, national or foreign, or the Consul of the State flag in the case of the latter, may require the help of the port captain's Office to restore order on board. However, when the fact has consequences for the country, or a crew member or a passenger requested the assistance of the national authorities, such authority adopts the necessary measures to restore order on board.

3. any ship, boat, and Cuban or foreign naval artifact during their stay at national ports, it must ensure, with his crew, gate guard to control the access on board regime.

 

SECTION fifth article 92.1.-the Ministry of the transport taking in has the criteria of safety, economy and efficiency, determines them ports, ships, boats and artifacts naval; areas of anchorage, safety, and waterways, which is obligatory the use of the service of pilotage as planned in their regulations and the operational set for each port.
Similarly, in exceptional cases or emergency and taking into account the considerations of the captaincy of port and the institution of practical, adopts measures that are required for pilotage service, without any danger to ships, boats and craft variations in port.
The conditions for the provision of this service are established in the regulation.
Article 93.-The practical than the port in question, should keep informed the captain of that port's draft status and assist in decisions on maneuvers to take with ships, boats and artefacts Naval, variations in the installation, in case of natural disasters or any other contingency.

Article 94.1-The presence of a practical port or on board a ship, vessel, and naval artifact, does not release its captain or pattern of responsibility that corresponds to maneuvers that are performed, having the obligation to serve the practical advice, if in concept does not expose the security of the ship, boat , naval artifact, the other ships, and maritime navigation.


2. in otherwise, the master can relieve its advice to the pilot, who is authorized to abandon the Government bridge. Such circumstances, both give account to the port authority and the Ministry of transport, and coaster replaced by another, the manoeuvre conditions permitting. These events are recorded in the daily of navigation.

Article 95.-Practical entity must prove, to the harbourmaster, greater practical and other practical designated, for the purposes of obtaining the credential that authorizes them to practice in your jurisdiction.

 

Chapter III article 96.1-port maneuvering trailer service is that lends itself to assist the ship, vessel, and naval artifact entry manoeuvres, anchoring, cam, dock, moorage, output or others that are performed within a port to ensure the safety of navigation and port facilities and aquacultural works.

2.-the Ministry of the transport determines the ships, boats and artifacts Naval that by their features require of the use mandatory of the service of trailer for maneuvers, as well as the type and number of tugs to use and them standards for this service.

3. in the territorial sea and inland waters Cuban, any vessel, boat and naval artifact than tow, not can provide towing services if it is not authorized for this purpose by the Ministry of transport, except in case of emergency or force majeure.

 

(Title VI chapter I section first article 97.1.-the sinister maritime is an event that has as result: to) it death or injury serious of a person, caused by the operations of a ship, boat and artifact naval, or in relation to them.

(b) the loss of a person on board, caused by the operations of a ship, vessel, and naval artifact, or in relation to them.

(c) the loss, alleged loss or abandonment of a ship, vessel and artifact naval.

(d) the serious material damage suffered by a ship, ship and naval artifact, aquacultural, or maritime infrastructure facilities.

(e) the serious material damage caused by the operations of a ship, vessel, and naval artifact, or in connection with them.

(f) serious harm to the marine environment as a result of the damage suffered by one or more vessels, vessels and naval artifacts caused by the operations of one or more vessels, boats or craft, or in relation to them.

2. a maritime event is an occurrence or a series of these different from a maritime casualty, which occur in direct relation with the operations of one or more vessels, vessels and naval artifacts, or in relation to them, threatening or cause damage to these naval means, aquacultural facilities, people and the environment.

3.-not is considered events or claims maritime them actions or omissions intentional whose purpose put in danger the security of a ship, boat and artifact naval, or facilities aquacultural, them people, or the environment.

 

SECTION second article 98.1-is understands by approach the sinister or event maritime result of the shock occurred between two or more ships, boats and artifacts Naval, delimiting is their cases in the regulation and according to the conventions International that you are applicable.

2. the provisions of this section apply even when boarding between vessels, vessels and naval artifacts of a same owner.

3.-the actions derived from the approach prescribed after five years, starting from the date of occurrence of the event or sinister.

Article 99.1-Where there is concurrent fault in an approach, each ship, vessel, and naval artifact is responsible for in proportion to the seriousness of his fault. If proportionality cannot be established, the responsibility is in equal parts.

2. in an approach which involved the tug and towing, these are considered as one only for the purposes of the liability towards third parties, when the address may have the tug; without prejudice to the right which assists them to repeat each other, according to the guilt of each.

3. the liability towards third parties lies with towing, when this responsible address trailer or maneuver, without prejudice to the right to repeat each other, according to the guilt of each one.

4.-when a ship, boat and artifact naval sinks after having occurred an approach, their loss is considered as consequence of this last, except test in contrary.

Article 100.1-Means collision incident or maritime event as a result of the shock of a ship, vessel, and naval artifact with a port facility or work hydrotechnical, fixed platform or floating offshore, maritime signalling system and other media still.

2.-it established in the articles preceding is applicable to the collisions, according to proceed.

 

Article third section 101.1-when a ship, vessel, and naval artifact is adrift, in danger of shipwreck, sunk or stranded, and at the discretion of the national maritime authority constitutes a danger or an obstruction to navigation, port operation, fishing, or other maritime activities related to waterways, or for the preservation of the marine environment , or is of State interest; This authority has the adoption of the measures necessary to initiate, at the expense of the shipowner or shipowner and within the time fixed by him, signaling, removal, repair, or sinking of the vessel, boat and artifact naval, where necessary, in the place which does not prejudice the port activity, navigation, fishing, or the marine environment.

2. in regard to the ship, boat and naval artifact sunk or beached understood not in the previous case, the owner or the person who has acquired the right to remove it, revive it, or extract your load; available for up to one year from the date of the accident, to carry out the operation, which must run on the terms laid down by the Ministry of transport, prior granting of one sufficient guarantee to ensure the rescue, the removal or elimination of all traces.

3.-elapsed the term granted without have is concluded the maneuver of extract, remove or revive the ship, boat and artifact naval or its load, is comes to the Declaration of abandonment as is sets in this law.

 

FOURTH section article 102.-the arrival forced is the one in which the arrival of the vessel, boat and arte-facto naval ports or points other than in the office of exit, held by the law, acts of God or force majeure.

Article 103.1.-If while browsing the master believes that the ship, vessel, and naval artifact, cannot continue the journey to the port of destination, due to lack of food, fear of embargo, danger for such medium or his crew, or by any accident or malfunction which disables it to navigate; convened the Board of officers and representatives of the Chargers, if on board, are those who have no vote at such meeting, and if examined the circumstances is considered founded the reason, remembers the arrival to port near and convenient, lifting and registering the corresponding declaration signed by all participants in the navigation journal.

2. the captain or skipper, heard the criteria the Board of officers and representatives of the Chargers, if they are on board, can make the decision, under its responsibility, to the arrival forced, settling in the log book the causes and reasons for its decision.

3. those interested in charge, who are on board, can make complaints and protests that they deem appropriate, which is recorded in the journal of navigation.

Article 104.1-Captains or patterns that perform forced arrival to ports or points of the Cuban coast, are required to declare the reasons therefor to the harbourmaster, which reserves the right to seek the services of specialists who can advise it in the knowledge of these reasons, for the purpose of justifying their legitimacy or illegitimacy.

2. the cost of the forced arrival are in charge of the shipowner or shipowner, but these are not responsible for the damages that it may suffer the Chargers as a result of the forced arrival, whenever this is deemed legitimate.

Article 105-the forced arrival is not deemed as legitimate in the following cases: to) if the lack of food is for not-having the necessary equipment for the trip, or if she has been discarded or lost by bad stowage or neglect in their custody.
(b) if the malfunction or breakdown of the ship, vessel, and naval artifact, comes from not having it repaired, equipped, furnished and conveniently arranged for the trip, or of any order or misguided provision of the master.
(c) if the fact or the cause of the malfunction or breakdown, occurs by malice, negligence, unpredictability or inexperience of the master.
(d) if the risk or danger for the vessel, vessel and naval artifact, its crew or load, it is not well known, manifest and founded on facts positive and justifiable.
 

SECTION fifth article 106-fire means damage to the vessel or loading directly by flames, water, smoke or other means of extinction. They are classified into direct and are considered particular fault when damages are caused by the flames; in indirect by the means employed in the extinction or smoke, and mixed when it comes to the sum of both. These two cases are considered average.

 

SIXTH SECTION


Article 107-Adrift is the detention of a ship, vessel, and naval artifact at the bottom, either in a Bank of sand, stones, or any submerged object, whenever it becomes unable to continue the trip on their own.

 

(Seventh section article 108.1.-for the purposes of this Act are considered faults: to) harm or damage which suffers a ship, boat, and naval artifact, during navigation or in port, or which affects the load from your shipment on board until its unloading in the port of destination.

(b) any extraordinary expenditure incurred during the voyage for the preservation of the ship, vessel, and naval artifact or the cargo, or both.

2 not included in the troubleshooting ordinary costs of pilotage, port rights, port services, unloading of goods, and any other expenses that are common to the navigation and operation of the ship, vessel, and naval artifact.

3 faults are classified in particular or simple and common or thick.

Article 109-is fault single or particular all damages and expenses caused to the ship, vessel, and naval artifact and its cargo, or both, that have not resulted in benefit and common utility for all those interested in such medium and its load, especially the following: to) damages which ensue to the load, from its shipment to download , either by defect of the thing, by sinister sea or by force majeure, and expenditures made to prevent and repair them.

(b) the damages that befall the ship, boat, and artifact naval, in his helmet, machines, gear and ammunition, for the same reasons or reasons, since done to the sea from the port of departure, until arrival at the destination port, and made expenditures to prevent and repair them.

(c) the expenses necessary for the arrival to a port to perform repairs or provisioning.

(d) the damage suffered by the goods loaded on the covers.

(e) the wages and food of the Endowment, when the ship, boat and artifact naval is arrested or lien by order legitimate or force greater, as well as when is in quarantine.

(f) the lower value of the genres sold by the master in forced arribada, for payment of food and urgent staffing needs, or to meet any other needs of the ship, vessel, and naval artifact.

(g) damage inferred to the ship, vessel, and naval artifact or its load by the approach or collision, being fortuitous or force majeure.

(h) any damage resulting to the load by failures, neglect or theft of the captain, pattern or crew, without prejudice to the right of the owner to appropriate compensation for the claim against the master, ship, boat and naval artifact, and freight.

Article 110.-the owner of the vessel, boat and artifact naval or of it which gave place to the expenditure or received the damage, supports the load of the troubleshooting simple or particular.

Article 111-Es breakdown thick or common all damages and expenses caused way deliberate and reasonable to save the ship, vessel, and naval artifact, its cargo, or both, of a risk or a known danger and cash, the damages and expenses is in the benefit and common utility for all stakeholders; (especially the following: to) the effects thrown into the sea to lighten the ship, boat and naval artifact belonging to load, this or the Endowment, and the damage that is faithful to other effects been preserved on board by such an act.

(b) them effects and the money invested in the rescue of the ship, boat and artifact naval or of its load, captured by enemies or in acts of piracy, and them food, wages and them expenses of their detention, while is makes the arrangement or rescue.

(c) the media and rigging that will disable or leave to save the cargo, ship, boat and naval artifact, or both.

(d) them expenses of alijo or transfer of a part of the load to lighten the ship, boat and artifact naval and put it in State of take port, and the prejudice that of this is to them effects breaded or transhipped.

(e) expenditures made to float a ship, boat, and naval artifact, with the purpose and objective of saving it.

(f) the damage caused to the load or to the ship, boat and artifact naval to the make openings in his helmet, with views to save it or save the load.

(g) expenses for the cure and the food of the members of the Endowment that are wounded or injured, defending or saving the ship, boat and naval appliance or load.

(h) the wages of any member of the crew, held hostage by the enemy or pirates, and the expenses they will incur until your return to the ship, vessel, and naval artifact or domiciled.

(i) wages and food of the manning of the ship, boat and naval artifact, 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 that results in the value of goods sold on arrival forced, to repair the ship, boat and naval artifact, because of general average.

(k) the expenses of the liquidation of the breakdown thick.

Article 112.1-them sacrifices and expenses of the breakdown thick, are supported by all them interested in the ship, boat and artifact naval and the load, involved in the adventure maritime, and that are benefited of the Act of breakdown thick.

2 acts and contributions in concept of thick or common breakdown are governed by what the parties have agreed, and failing this, by provisions of the regulation.

Article 113-Form and requirements of the process of liquidation of faults are established in the regulation.

 

SECTION eighth article 114.1-whatever the sea throws to shore or is found floating in the sea of unknown owner and is not product of the own sea, is considered maritime discovery and delivery at the port captain's Office of the jurisdiction, acting in accordance with what is established in the regulations.

2. when determined is as found is commodity product of a shipwreck or loss of a ship, boat, and foreign naval artifact, is get to the Customs authorities.

3. in case of goods of military interest or Defense determined by the revolutionary armed forces and the Interior Ministry, is given immediately to the port captain's Office, avoiding any tampering with these and preserving them in the place where have been found until the arrival of the authorities.

 

Chapter II article 115-the Ministry of transport serves as administrator of the International Convention on search and rescue at sea; and with regard to the International Convention on salvage, available and controls the assistance and salvage of ships, boats, naval artefacts and other goods that pose a danger to shipping and the marine environment in Cuban territorial waters.

 

FIRST section article 116.1-the search and rescue of people in distress at sea as a result of claims or maritime events, is done by aeronautical and maritime search and rescue of the Cuban system.

2. the agencies of the Central Administration of the State and entities which are subordinate, as well as national airlines operating companies and foreign, and shipping companies or shipowners, are required to provide their contest for the effective fulfilment of this humanitarian service, in accordance with national and international regulations.

3.-them actions to undertake by them captains or patterns of ships, boats and artifacts naval national that sail in the sea territorial, the area adjoining, the area economic exclusive or them waters Interior, whenever can do it without serious danger for such media Naval, endowment or their passengers, is set in the regulation.

ITEM 117.1-The search and rescue of people does not grant the right to compensation, unless there is responsibility of the shipowner or the shipowner of the ship, boat and damaged naval artifact, or a third party, in the creation of the danger that motivated that search- and -rescue.

In this case, responsible must indemnify expenses and damage caused, provided that they are a direct result of this operation.

2. legal actions arising from the search and rescue of people in distress at sea, prescribed by two (2) years, from the date in which it concluded that operation.

 

SECTION second article 118-means rescue operation all action undertaken for auxiliary or attend the ship, boat and naval artifact or its load, and to safeguard any other goods which are in danger at sea.

Article 119.1-Captain or pattern of a ship, vessel, and naval artifact, is obliged to provide assistance to other naval means that is endangered, except the express refusal of the captain or the latter pattern, what they write in the journal of navigation. The shipbuilders or shipowners not are responsible of the breach of this obligation by said captain or pattern.

2. the master is relieved of such obligation, only when the fulfillment of this involves risk or danger to his ship, boat and naval artifact, crew, passengers or their own lives.


3. in other cases the operation of search and rescue within Cuban territorial waters, only can be by authorities empowered for this purpose, except express refusal of the captain or pattern of the ship, vessel, and naval artifact in danger. In this case, the Ministry of transport determines the deadline for the auto-auxilio, after which ordered the completion of the search and rescue at the expense of the ship, boat and saved naval artifact.

4. in the event of imminent danger of contamination of the environment or when the public interest so recommend it, the Ministry of transport also have the salvage of the vessel, boat and naval artifact at the expense of the saved well.

Article 120.1-If during the navigation is carried out a search and rescue operation, the captain, or pattern reports it immediately search and local search and rescue coordinator Center, and within twenty-four (24) hours following to the captaincy of the first port of arrival.

2.-the captaincy of port participates in the coordination of the help and rescue of them ships, boats and artifacts Naval, that is produce within its jurisdiction, and can use them media available in the port, to costa of the owner or shipowner damaged.

Article 121.-El salvador, in addition to the privilege maritime that you corresponds, has the right of retention on the ship, boat and artifact naval and them goods saved, until you is covered or duly guaranteed the reward by the rescue and their interests.

 

Chapter III article 122-the owner of a vessel, boat and naval artifact, or the shipowner or shipowner, in your case, upon the occurrence of an accident or maritime event, is liable for all damages which are attributable, caused to third parties by the operation of the vessel, boat and artifact naval or by the load spilled or discharged from the same , as result of the incident, as well as of the measures taken to prevent or reduce those damage.

Article 123.1.-The shipowner companies or shipping companies, Cuban or Cuban interests, dedicated - das to international maritime traffic, are required to have secured the liability which it may incur as a result of the operation of their vessels, boats and craft, according to the usual coverage in the international market and in the terms that were agreed.

2. in regulation, vessels are determined, boats and national naval artifacts that not being dedicated to international traffic, must be insured liability.

3. owners or shipowners of ships, boats and foreign naval artifacts that navigate the territorial waters or arrive at national ports, are required to have secured the naval environment regarding civil liability that might arise from its operation.

 

Chapter IV section first article 124-El Capitan or pattern of the ship, boat and national naval artifact, or in his absence, the officer or crew follow him in command, is obliged to protest any event record or sinister sea, or any other occurrence of an extraordinary nature related to the ship, boats and naval artifact, navigation and maritime transport.

ITEM 125.1-Cuban shipowner or the shipowner is obliged to immediately inform the Ministry of transport and the port captain's Office registration, all sinister sea, or any other occurrence of an extraordinary nature related with his ship, boat and naval artifact, the navigation and maritime transport.

2.-all person natural or legal that because of its cargo or functions know of a sinister or event maritime happened to a vessel, boat and artifact naval, comes forced to report it immediately to the captaincy of port more close and of equal form to the Ministry of the transport.

 

SECOND section article 126.1.-corresponds to the ministries of transport and of the Interior, in the sphere of its competence, conduct the investigation of claims and maritime events that occur in its territorial sea.

2.-by its part, the shipowner or shipowner Cuban is forced to investigate them claims or events maritime that occur in their ships, boats and artifacts Naval, e report their results to them ministries of the transport and of the inside.

Article 127.-When the ship, vessel, and naval artifact is foreign-flag, investigation of claims or maritime events is performed pursuant to the regulation.

Article 128.1-The investigation of the accident or maritime event complies a record that must contain all the documents relating to the case. Once sold out performances, is issued a final report of the research results.

2.-of boast is that them made are constituent of crimes, is you gives has immediate to them authorities competent of the Ministry of the Interior or of the Prosecutor General of the Republic.

 

THIRD section article 129.1-when a State communicates officially of the offences committed in their territory by a ship, vessel, naval artifact, or any Cuban crew, the Ministry of transport, in his capacity as national maritime authority, has to carry out relevant research, in conjunction with the Organization of the Central Administration of the State competent according to the type of infringement.

2. when the communication is for the request for investigation of alleged infringement committed by a vessel, boat and foreign naval artifact, proceed in accordance with the provisions of the international conventions and bilateral signed to this effect by the Republic of Cuba.

 

Title VII chapter I article 130.1.-in the contract of transport maritime of goods, the company gun-dora or shipping company, is forces before the freight forwarder or charger, to move goods from the point of boarding to the point of destination and deliver-them to your recipient or consignee, and the freight forwarder or charger is forces to the payment of a freight.

2. this contract may refer to goods by weight, type and action, in which case these conditions are recorded in a document called a bill of lading, which is issued by the shipowner or shipowner to each shipper or shipper, and is signed by the captain or ship, boat and naval artifact pattern or its agent; able to act such document as a receipt of the goods, as evidence of the terms of shipment and title value or negotiable, additionally acting in the absence of the contract of carriage.

Article 131.1-The knowledge of shipping is the document that is issued by the carrier, by a person authorized for the purpose by this, Captain or pattern of the ship, boat and naval artifact, where it is stated the burden that is received to be carried.

2.-the knowledge of shipping is an evidence of the reception of the load by the carrier and of the State in that this is delivered. It has to be taken as proof of the contract of carriage and is negotiable instruments that allows its holder to get the load.

3 knowledge of shipment can issue bearer, order or nominee on behalf of certain person, either on paper or electronically.

4. the determination of the data entered in the knowledge of shipping and other effects resulting from their issuance, are regulated in the regulation.

 

Chapter II article 132-the contract of affreightment is the one under which a part called Fletante, offers another so-called charterer naval means or a space, for carriage by water of goods, own or others, in Exchange for payment of a sum of money called freight.

Article 133.-The contract of affreightment can be agreed in any of its forms: voyage Charter, time Charter and bareboat charter.
(a) the contract of chartering per trip is one where the Fletante puts a naval means at the disposal of the charterer in a perfect state of seaworthiness before and during the journey, properly equipped and equipped so that the charterer can perform journey or agreed trips with due haste and without undue diversions.
b) the contract of affreightment by time, is the one in which the Fletante undertakes to make available the charterer a naval means for a period of time in perfect state of seaworthiness, before and during the trip, properly equipped and equipped to transport goods from licit trade, during which the charterer is responsible for the commercial exploitation of the medium , without losing the Fletante possession of the same.
(c) the bareboat charter contract, is the one in which the charterer receives a naval means in perfect state of seaworthiness, no staffing or equipment, assuming the charterer full possession of the medium, not the property, what constitutes a concesoria capability that allows the charterer used the ship to its discretion and nominating the same staffing. In this mode, the option to purchase can agree.
Article 134.-In all its forms chartering contract must be in writing.

The subscription of the policy must be in accordance with the provisions of the regulation.

Article 135.-El Fletante cannot replace unilaterally the average naval object of the contract.

Article 136-The charterer can subfletar the ship, vessel, and naval artifact unless this settles any relationship between the Fletante and the sufletador. In cases in which the charterer must freight to the fletante, the latter can claim the freight charges owed to the subfletador.

 

CHAPTER III


Article 137.-the contract of transport of passenger is that under which the carrier is forces to move to an or more people by a defeat or path previously defined, by the payment of the price of the passage according to the rate established, what is test through a document called ticket.

Article 138.-In this contract the carrier is responsible for damages caused to the passengers on the occasion of a sinister sea during this service, unless it is proven that this occurrence is not attributable.

Article 139-when the trip is suspended because of the carrier, master or pattern of the ship, vessel, and naval artifact, or for any cause independent of these, or unforeseen circumstances or force majeure; passengers are entitled to a refund of the ticket or to make use of this if the service is restored.

 

Chapter IV article 140.-the contract of trailer is that under which a part, the tug, is committed to move by water or collaborate in the maneuvers of a vessel, boat and artifact naval, called towed, in Exchange for the payment of a sum of money previously agreed.

Article 141.1.-When towing operations are performed within the port, the captain or pattern of towing naval medium assumes the direction of the manoeuvre, unless otherwise agreed.

2. during the towing, tugboat responds to third parties for damages caused during that operation, unless proven otherwise. For its part, the towed responds by those consequences, when from that ship, boat and artifact naval is directs the operation of trailer.

 

Chapter V article 142.-the other specifications inherent in the contracts of carriage in maritime trade are laid down in the regulation.

Article 143-it reference to the contract of safe maritime is governed by it provisions in the legislation existing that you is applicable.

Article 144-The liability for damages for these contracts, is subject to the provisions of the common civil legislation.

 

FIRST: is except of the compliance of them provisions established in this law and its regulation to them ships, boats and artifacts naval of war, ports e facilities military of them ministries of them forces gun-das revolutionary and of the Interior, and those others that is are fulfilling functions military in interest of such organisms.

Second: For the continued presence of foreign warships in the territorial sea and internal waters Cuban, apply the agreements signed between the Republic of Cuba and the State of the flag of the vessel, as well as provisions of the agreements and international treaties that Cuba is a party.

Third: Possession, use, or use of weapons of war, ammunition and explosives on Board of ships, boats and Cuban naval artifacts, are governed by provisions of special legislation.

Fourth: The National Maritime Commission as a body is created to assist the national maritime authority, established in the regulations and other complementary rules the composition and functions of the Commission.

Fifth: The Government of the Republic of Cuba can book, total or partially, certain traffic to vessels, vessels and naval artifacts Cuban, if necessary for the economy, defence and national security.

Sixth: in matter of income to the employment, fitness showed, wages, safety and health in the work, as well as training, development, security social and others issues referred to them relations labour of them workers Cuban that lend service aboard of ships, boats and artifacts naval national, is applies it legislation labor existing or in your case it specific for the activity of that is try.

 

ONLY: them owners, shipowners or shipowners of them ships, boats and artifacts Naval, that to the entry in force of the present law is are in some of them cases expected in its article 20, have of a term of thirty (30) days natural for proceed to the removal of the well out of the jurisdiction Cuban. Within this period without fulfilling these requirements, is done in accordance with this legal body.

 

FIRST: the Council of Ministers, to proposal of them Ministers of the transport and of the Interior, dictates the regulation of this law within the term of ninety (90) days, starting from its approval by the Assembly national of the power Popular.

Second: The transport and Interior Ministers are empowered to issue, in which each compete, the provisions required for the implementation of which by this Act are available.

Third: The following regulations are repealed: I.-Book III of the code of Commerce from 1886, except the third section of title III. II.-the 1st military orders. in may 1900 and no. 102, April 18, 1901. III-the law decrees no. 7, January 27, 1942; Not. 1777 of 1954; No. 1420, of 12 May 1954, and no. 1559, August 4, 1954. IV.-those decree-laws No. 108, of January of 1934; No. 34, of 27 June 1935, and no. 39, of 23 September 1980. V decrees no. 266 of March 18, 1908; No. 673, June 19, 1908; No. 1553, 7 November 1924; No. 1467, of 15 August 1928; No. 746, of 30 of March of 1935, No. 1359, of 13 of mayo of 1942;

No. 2348, 15 August 1942, and no. 2722 on November 4, 1946. VI. the Circular No. 276, of July 5, 1904. VII.-many more provisions of equal or lower hierarchy is contrary to the provisions of this law.

Fourth: This law together with its regulations, begins to run upon its publication in the Official Gazette of the Republic.

 

Given in the Assembly Hall of the National Assembly of the Popular power, Palace of conventions, city of Havana, to the six days of the month of July in the year two thousand thirteen.