Law No. 2010-09 of 23 April 2010
Relating to the Maritime Ports Police.

EXPOSE REASONS

The establishment of a renovated security legal framework for the maritime ports of Senegal is a major concern of the public authorities.

Law No. 65-32 of 19 May 1965 on the Police of Seaports, which until recently allowed for effective management of the maritime ports police, has become unsuited to the international security environment that imposes standards Security and the strengthening of the powers of enforcement officers.

Accordingly, the repeal of the aforementioned law and the adoption of new rules are necessary in order to meet the requirements of the new international safety and security standards, such as the International Code on the Safety of Ships and port facilities more commonly known as the ISPS Code and to enhance the effectiveness of the action of maritime port police officers.

This Bill includes important innovations such as:

The determination of its scope;

The removal of the definition of the concept of a ship's captain, which is already defined by the Merchant Marine Code;

The transmission by the Commander of Port of the Verbal Trials of Offences to the Prosecutor of the Republic;

Extending the provisions of the Criminal Code applicable to officers of the judicial police in the event of an act of resistance or contempt to the commanders, assistant officers and port masters;

The consecration of the oath of office by the officers responsible for the maritime ports to the President of the Regional Court;

Repression of new forms of pollution and damage to port facilities and the raising of the amounts of flat-rate fines to reinforce their deterrent character.

The penalties provided for in this law allow for offences committed in ports to be classified as offences because of their aggravation justified by the need to apply dissuasive sanctions now.

This is the economy of this bill.

The National Assembly adopted its meeting on Wednesday, 10 March 2010;
The Senate adopted its session on Wednesday, April 14, 2010;

The President of the Republic enacts the following legislation:

TITLE I. - PROVISIONS
GENERALS.

Article 1. - Scope.

The provisions of this Act apply within the territorial boundaries of seaports, excluding military ports.

Article 2. - Protection of harbour waters and rades.

No one can damage the good condition of ports and harbours both in their depth and cleanliness and in their facilities.

It is defended in particular by:

(a) dispose of rubble, rubbish and other materials in the waters of the ports and their dependencies or pour out unsanitary liquids;

(b) depositing debris or imsociices of any kind on the wharves, the burners and the hangar of the ports;

(c) carry out the ballasting or unpacking operations in places and receptacles other than those provided for that purpose.

Article 3. - Protection of signage facilities.

It is forbidden to moor any vessel or device on a floating fire, beacon or buoy that is not intended for that purpose.

2.It is forbidden to anchor in the circle of avoidance of a floating fire, a buoy or a prohibited anchorage area.

3.These prohibitions do not apply in the event that the ships are in danger of loss.

Article 4. - Compliance with orders of port police officers.
Within the limits of a seaport or within its rades and access channels, any master of a commercial vessel, fishing or pleasure craft, an easement craft or an inland navigation vessel shall comply with the orders given by Assistant officers and harbour masters by taking all necessary measures to prevent accidents.

Article 5. - Powers of Port Officers.
1.The Port Officers shall arrange for the storage and berthing of the ships in the port, shall ensure that, as regards the police of the wharves, ports and harbours, all necessary injunctions shall be provided;

2.They shall indicate the places where ships can be heated, repaired, ballasted or unpacked;

3.They may, in the event of an absolute necessity, cut the lines which the captains or other persons on board refuse to drop after two injunctions.

Article 6. - Sequence.
Within the limits of a seaport, mariners, seamen, fishermen, carriers, workers, dockers and others are obliged to refer to the requisitions of the port officers for the service to which they are capable.

Article 7. - Entry and exit conditions.

For each seaport the specific conditions of entry, exit and residence supplementing the provisions of this Law shall be laid down by decrees laying down rules for the operation of the police.

In the particular case of an autumn port, the operating regulations established by its board of directors are approved and made enforceable by decree.

Article 8. - Flag-mounted in port.

Every ship, when it enters a port, stays in or out of the port, must bear the flag of its nation and its distinctive markings.

He must, moreover, if he is a foreigner, wear the Senegalese flag to the mast of a mist.

Article 9. - Avaries to signage facilities.

The master of any vessel which, even in danger of loss and as a result of berthage, collision or any other accidental cause, has sunk, moved or damaged a floating fire, buoy or beacon, is required to report the fact by the The quickest means available to it and to comply with the port authority's instructions.

Article 10. - Repair of damage to port structures.
The repair of damage to the port works is the responsibility of the authors.

However, the port authority, if it considers it necessary, may act as a substitute for failing to ensure
The fulfilment of the obligations incumbent upon them. It shall do so after an emergency, at their own expense and without prejudice to the penalties provided for infringements of the provisions of this Law and of the operating or police regulations as well as the rights of third parties.

Article 11. - References to the Public Prosecutor's Office.

In the event of an offence identified by a Enforcement Officer under the authority of a port authority, the Port Commander shall have the right to refer directly to the local Public Prosecutor's Office.

Article 12. - Competent Jurisdiction.

Violations of the provisions of this Act or the operating regulations of the various seaports are within the jurisdiction of the regional court with jurisdiction.

For offences punishable under this Act of imprisonment equal to or greater than two years, the procedure laid down in Article 63 of the Code of Criminal Procedure may be applied.

TITLE II. - OFFICERS OF THE MARITIME PORTS POLICE

Article 13. - Agents empowered to make verbal offences.

Violations of the provisions of this Act or of the regulations for the operation of seaports, as well as the decisions taken in respect of its application, shall be recorded by the following oral proceedings:

(a) Port officers, assistant port officers and port masters, in particular in matters of safety, movement of ships, shipwrecks, disarmed vessels, goods, safety of the water body, conservation of funds, works Docking
And tagging, water circulation and regulatory use of the port area;

(b) Engineers and sworn officers in service at sea ports, in particular in the conservation of works;

(c) Pilots, particularly with regard to the conservation of tagging and funds, and the safety of the water body;

(d) Judicial police officers;

(e) Customs and health police officers;

(f) authorized officers of the Merchant Navy;

(g) Officers commanding the buildings of the State in the field of marking.

Article 14. - Probative Strength
Verbal trials.

The verbal trials established by the above-mentioned agents shall be authentic until proven otherwise.

Article 15. - Oath.

The officers referred to in section 13 of this Act shall be sworn in.

Article 16. - Protection of police officers responsible for the maritime ports.

The agents referred to in Article 13 of this Law may, in cases where they are insulted, threatened or ill-treated in the performance of their duties, require the public force to protect, apprehend or expel them Cause.

TITLE III. - FROM THE HARBOUR SURETE

Article 17. - Port security zone and facilities.

Security port areas and facilities shall be determined by the maritime authority and shall include the port within its territorial boundaries and contiguous land areas of concern for the security of port operations and facilities Who are there.

Article 18. - Prohibition or expulsion of ships from the port area

For security reasons, the maritime authority may direct the Port Police Authority to prohibit or restrict the access and movement of vessels, boats or floating equipment in the port of security.

For the same reasons, it may order the authority of the Port Police Authority to order the eviction of the port security zone of ships, boats or floating structures.

Article 19. - Implementation
Security measures.

Except where specific provisions justify the implementation by the State services of measures to ensure the security of port operations, these measures shall be applied, under the authority of the State, by the operators Port facilities, shipping companies, port service providers or bodies authorised under Article 22 of this Law.

The measures to be taken by each of the persons referred to in the first subparagraph of this Article and the administrative authorities responsible for defining the technical and operational arrangements shall be specified in the operating regulations.

Article 20. - Port Security Plan.

A port security plan is developed by the port authority.
For each port facility on a list established by the marine authority, the person responsible for the facility shall develop a security plan that must be consistent with the port security plan. Following approval by the maritime authority, such plans shall be binding on the persons listed in Articles 13 and 19 of this Law.

Article 21. - Visit and control of vessels, persons and goods.

With a view to the prevention of the safety of port operations, the agents listed in Article 13 of this Law, with the exception of judicial police officers, may carry out the professional visit of the ships.
However, this visit cannot be carried out on the parts of the vessel for exclusive use, trade union premises or concern persons, luggage, packages and goods.

Customs officers may also visit ships under the conditions set out in the preceding paragraph without prejudice to the provisions of the Customs Code.
The officers responsible for the checks may be provided with all documents necessary for the visits to which they carry out.

Article 22. - Evaluation
And control of security.

Port security assessment and control missions may be entrusted by the maritime authority to bodies or persons authorised for that purpose.

TITLE IV. - OFFENCES
AND SANCTIONS.

Article 23. - Entrave to the Fiscal Year
Police powers.

Without prejudice to the provisions of the Penal Code, it shall be punishable by imprisonment of two to three months and a fine of 500,000 to 1,000,000 CFA francs or only one of the two penalties, any person who has opposed or tried to oppose The fulfilment of the obligations laid down by this Law or the exercise of the powers incumbent upon the agents referred to in Articles 13 and 21.

In the event of a repeat offence, imprisonment is between 6 months and one year and the fine of 1.000.000 to 2,000,000 CFA francs and or one of the two penalties only.

Article 24. - Avaries to port structures.

Without prejudice to the provisions of the Penal Code and article 10 of this Law, anyone who intentionally destroys or degrades a port, a floating fire, a beacon or a buoy, shall be fined 100,000 to 2,000,000 CFA francs.

Article 25. - Hazardous Products.
Without prejudice to the provisions of the Penal Code, anyone who has boarded or boarded a commercial vessel arriving or departing from the ports of Senegal or employed in shipping or navigation on the rivers, shipped or sent to ship By land of materials that may cause a cause of explosion or fire, without having declared the nature of the matter to the master, master or patron of the ship to the shipper or to the carpool, without having affixed any apparent markings on the Packaging is punishable by a fine of 1,000,000 to 10,000,000 CFA francs.
The same shall apply to any infringement of the regulations on the transport and handling of dangerous and infective materials.

Article 26. - Unauthorized occupation of the port area.

Any occupation of the port area not authorized by the competent authorities will be punished by imprisonment for three months to two years and a fine of 1,000,000 to 10.000.000 CFA francs.

This penalty shall be without prejudice to the payment of occupancy rights calculated in accordance with the rate in force.

Article 27. - Unauthorized access.

Anyone found on the grounds of a seaport, without valid access by the competent authorities, will be punished by imprisonment for two months to one year and a fine of between 50,000 and 500,000 CFA francs.

Introducing or attempting to enter without permission in a restricted access area is punishable by a fine of between 2,000,000 and 5,000,000 CFA francs.

Article 28. - Recidivism

In the event of a repeat offence within one year after the first sentence has become final, the penalties incurred shall be doubled and a term of imprisonment of two to three months shall also be imposed in all cases where only one Fine.

In all cases referred to in the previous paragraph, firm prison sentences are imposed.

Article 29. - Civil liability.
Shipowners and shipowners shall be jointly and severally liable for the pecuniary penalties imposed on masters and other servants.

TITLE V. - GUARANTEES.

Article 30. - Cautions and consignments.

1.Where, in accordance with the provisions in force, it has been ex officio certain costs incurred by the author of a damage or when it has been drawn up minutes which may give rise to a fine or to compensation for damage, the latter or the means used May leave the port before providing good and valid security.

2 Enforcement money designated for this purpose under the conditions laid down in Article 1 of the decree on the procedures for the collection of flat-rate fines, guaranties and consignments relating to the police of seaports, sets the amount Of the recording, receives it and gives it discharge.

3.If the author of the damage may present a valid written bond, it may be waived to pay such consignment.

4.The amount of the commitment of the guarantor or of the deposit shall be fixed, in the event of a dispute, by the judge of the applications.

5.In the absence of an address by the author of the damage, any notification shall be validly made to the town hall closest to the place of the damage.

However, the home election is compulsory if it is a captain, with the ship being held at the port until such time as it has been completed.

The ship may also be held at the port if the master refuses to provide the guarantee provided for in paragraph 1 of this article.

Article 31. - Lump sum.
By way of derogation from the provisions of the Code of Criminal Procedure, the offences punishable under this Law and the implementing texts may give rise to the immediate payment of a flat-rate fine in the hands of the Enforcement Officer.

Article 32. - Rate of lump sum fines.

The rate of flat-rate fines is set as follows:

1,000,000 to 10,000,000 CFA francs in the event of an infringement of the provisions of the decree on the use of fire and light when the offence is committed in the vicinity of a lot of dangerous goods;
1.000.000 to 10.000.000 CFA in the event of embarkation on a trade building of materials which may be a cause of explosion or fire, without the nature being declared to the master and indicated by apparent marks on the packaging;

1,000,000 to 10,000,000 CFA francs in the event of a breach of the regulations on the transport and handling of dangerous or infective materials;
1,000,000 to 10,000,000 CFA francs in the event of a discharge into the waters of a port or its appurtenances of unhealthy liquids;

1,000,000 to 10,000,000 CFA francs in the event of a jet of rubble, refuse, rubbish and other materials in the waters of a port or its outbuildings, on the wharves, the land full and in the hangars;

500,000 to 1,000,000 CFA in case of refusal of obedience to orders legally given by the authorities of the Port;

50,000 CFA francs in the event of an infringement of the decree on procedures for collecting standard fines, sureties and consignments other than those provided for in this Law.

Where the same offence is committed within one year of the payment of a first lump sum fine, the above rates shall be doubled.
The effect of the payment of a lump sum penalty shall be to arrest any action unless the infringement found has exposed its author to a penalty other than a pecuniary penalty, or to compensation for the damage caused, or to the penalties applicable to the Re-offending in accordance with this Act.

The levying of a flat-rate fine is not allowed any more if, by the same record, the same individual was found to be charged with more than one offence.

Article 33. - Application Texts.

A decree shall lay down the conditions for the application of the provisions of Articles 30, 31 and 32 above, in particular the rules on sureties, categories of agents authorised to levy flat fines and the procedure for cashing.

TITLE IV. - FINAL PROVISIONS

Article 34.

Any provisions contrary to this Act, in particular Law No. 65-32 of 19 May 1965 on the Police of Seaports, shall be repealed.

This Law shall be enforced as the law of the State.

Done at Dakar, 23 April 2010.
Abdoulaye WADE,

By the President of the Republic:

The Prime Minister,

Souleymane NDene NDIAYE.