36 Law Of 2003 On Vessel Injury Disaster Freely Within Port Ove Landing Places

Original Language Title: القانون 36 لعام 2003 المتعلق بإصابة السفن بكارثة بحرية داخل الميناء أوفي أماكن الرسو

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=5465&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

36 law of 2003 on vessel injury disaster freely within the harbour berthing places met the President of the Republic based on the Constitution and approved by the NPC at its meeting on 16/9/1424h 11/11/2003 issue: the first chapter you see in article 1 – intended to apply the provisions of this Act the expressions shown beside each:-the Ministry: the Ministry of transport.

-Prime Minister: the Minister of transport.

Directorate-General Directorate of ports:.

-General Manager: Director-General of the General Directorate of ports.

-Maritime disaster: the phrase calling the ship in case it crashed or burned so outlive resume or when sunken sinking in ports or Syrian or landing places in Syria.

-Ship is doomed: is the ship that was hit by a disaster.

-A ship in danger: are any ship is about to cause an environmental disaster or catastrophe events freely or to others, or prone to drowning because of a fire or loss of mkhatifha or a crash or sat in a motor home or a water leak or inability to navigate by its own means or by leaving her crew or lack of more than two thirds of this crew when the number of crew rest qualify for leadership.

-Marine debris: any ship plagued lost suitability for navigation by its own means or remnants of this ship, sunken cargo ship with those objects found coincidence or find in the Syrian Arabic Republic's territorial waters or on its shores.

-Remove the vessel: means a float a sinking ship or cut up and lift the wreckage with their cargo or transport ship wrecked or in case of risk to safety or outside territorial waters to avoid disaster freely within territorial waters or on the beaches and ports.

Chapter II administrative procedures and justice be followed in the event of a maritime disaster article 2 must watch or know of a disaster or a signal occurred within the Syrian Arabic Republic beaches or in its waters to reach it immediately to the nearest port or service.

Article 3 each of watch free catastrophe on the shores of the Syrian Arabic Republic or in their territorial waters to hasten to the ambulance and save lives at risk, and maintain all the stricken vessel, and absence of looting by the public authorities.

Article 4 the working must receive the communication referred to in article 2 to expedite its reporting to the Directorate must notify Customs Directorate and the stricken vessel owner or his agent and the Consulate of the State where the ship is registered.

Article 5 the Directorate representatives must as soon as they were informed of a disaster freely in their service to hurry to go to the site to make everything possible to save lives and preserve the stricken ship and, for them to assign anyone near where the disaster to help them, not to my Department to intervene between the stricken ship and crew with regard to management only if requested.

Article 6 on the Directorate's representatives for the safety of life and maintain the ship wrecked and their conduct as follows: a-use what they see necessary transport and rescue near the scene.

B-if necessary use of force to quell the looting and rioting.

H-arrest anyone who tries to loot or riot or hampers the rescue ship wrecked and its contents and safety of life on it and edit the record and forward it with the persons mentioned to prosecutors.

D-to search anywhere – including — if sufficient evidence of the existence of things pertaining to the stricken ship.

-Take any other actions necessary.

Article 7 on the stricken ship to report to the nearest port of the Directorate within twenty-four hours of arriving mainland maritime disaster report accompanied by all the ship's papers, found the report must contain all information relating to the vessel, persons on board or other passengers including crew members who by accident or when it occurred, it must submit detailed cargo and other assets belonging to the ship and support this report in Organize the necessary record to ensure the rights of the persons concerned.

Article 8-Directorate investigation into the disaster and questioning of questioning and testimony considers who appeal to him after the oath, whether crew members or others.

B – regulated investigation minutes set includes in particular: 1. the name of the ship and her nationality and their descriptions.

2. name of the ship, its owner and her agent.

3. inventory of the shipment's owners names and names of people aboard the ship.

4. shipment quantity and type, quantity and types of stocks.

5. shipping ports and ports that were intended by the ship.

6. conditions of the accident and his time and place and its causes and circumstances.

7 – services received by the stricken ship to assist and rescue.

8. human and material losses caused by the disaster.

9. any information by witnesses.

H – after the investigation and seizure planning necessary to deposit a copy with the competent public prosecutor, each person or entity on the seizure report and found a copy of it for drawing.

Article 9 if there is suspicion that the disaster happened on purpose, the Directorate arrested ship stricken and suspects and partners and referral to prosecutors after organizing the seizure report required.

Chapter III dealing with the stricken ship into port or landing places article 10

If the ship with maritime disaster within a port or at anchor, shall immediately conduct the necessary investigations Directorate mentioned in the previous chapter and proceed to summarily stricken ship owner or rights holder necessity in removing the ship with its cargo at his expense within fifteen days from the date of the warning notice is liable to follow the procedures set forth in articles/11-12-13/from this law. His Directorate determines the time needed to complete the removal process under penalty of fines to delay his journal for General company for Harbor damage vs appraised on the various Directorate in coordination with the listed company, if the said person shall remove the stricken ship within fifteen days from the date of the autonomic Directorate at the expiration of this period if you remove at the expense of the applicant.

Article 11.-in the event of the removal operation Directorate itself in accordance with the provisions of article/10/previous owners warning the vessel must pay fees and fees and expenses spent to accomplish the removal process and they will sell the shipwreck and its cargo to pay those fees and fees and charges within one month from the date of the alarm and in the event of non-payment of amounts due the mentioned duration vessel sale is Halal and what saved from wreckage or cargo or all together at auction after posting Advertise the sale in a local newspaper or by mutual consent, if unable to sell at auction, where the ship or the cargo or debris sold all bookings and sanitized financial obligations of public and private actors.

B-settled amount resulting from sale all rights owed to the Department and filed the rest the State Treasury as the Secretariat if claimed with respect and prove their right or reserved by legal or judicial methods during a period of three years from the filing date recorded revenue for State coffers.

C-public rights are privileged in the stricken ship class after downloading charges and expenses.

Article 12a this Directorate was unable to do the removal process in accordance with the provisions of article former Norra must immediately put in speed this process College auction and in case you can't conclude a contract by mutual consent to remove the ship at the expense of right holders as required by the provisions in force.

Article 13-if failed to tender or consensual contracting Directorate was unable to remove the ship two months after the Directorate initiates the disaster stricken ship sold at auction of speculative value estimated in accordance with the current situation when detected by a Committee formed by the Director-General to end of auction notification is committed to removing the ship and wreckage within a time limit specified by the Directorate and Directorate excluded from application of the provisions in force concerning contracting procedures except for insurance and demurrage clause.

B-If a stricken ship into the harbour leads to disrupt his investment or navigation or disaster will cause a notice of the marine environment from ship's supply of fuel spill or other harmful substances carried or other hazards, it may by decision of the Minister – upon proposal from the Director General reasoned – the sale of the ship by less than the estimated value of speculative or wreckage for the buyer's operation removed after exhausting methods of sale set forth in paragraph "a".

C-contrary to the provisions of the preceding paragraphs the Directorate may agree with the buyer to limit their right to ownership of the wreck of the ship without cargo and in this case the buyer shall be entitled to receive from the owners of the cargo fee equivalent to one third of the estimated value after picking them up.

Chapter IV dealing with ships in danger article 14 the Directorate may according to their means to you means or by means of public or private-owned rescue vessels at risk for any reason in accordance with the following provisions: a-save vessels which are in serious condition at the request of the master of the vessel or its owner if these ships outside the port basin or outside landing places and rescue in this case after agreement on royalty a certain percentage of the value of the rescue and salvage ship Of cargo or lump.

B-If the ship is in distress inside the port or mooring basin Directorate without request of the skipper or without forewarning him, hastening to ambulance and rescue operation on its own despite opposition expressed by the skipper. And in this case the Directorate shall be entitled to charge fees and expenses incurred in this regard.

C-If a ship that is critically located inside the port or landing places sinking and failed with rescue work, the Directorate immediately to take the necessary measures to prevent this situation within the port and berthing places including pulling the ship and sink it in places of great depths.

Article 15-if the ship owners and the goods that are saved according to the provisions of this chapter for reimbursement within the time limit set by the Directorate, shall lead to the ship and then sell the goods in accordance with the grounds provided for in article 13.

B-the Director-General may accept cash or bank guarantee issued by a strengthened and the commercial bank of Syria and of stakeholders drawn amount owed to the Directorate meeting fees and full expenses and fees for the release of the vessel and the reserved goods.

Chapter v measures to be applied on the affected vessels and ships in distress article 16, taking into account the provisions of the articles of chapters III and IV in all cases where for any reason to remove the stricken ships, wreckage and debris in case of danger. Ownership of these vessels and the wreckage of the State and the owners do not pay any compensation by the transfer of this property.

Article 17 the stricken vessel ownership or in case of danger within ports or landing places to the State on the expiry of two months after the disaster and therefore required:-to be the Directorate had the necessary warnings sent to stakeholders in accordance with the provisions of articles 11 and 12 "and does not accept any of these alarms, the lack of response by stakeholders within which an acceptance deadline.

-The expiration of the said period without the owners of the ship or the cargo awalmtahd to work or to be stopped after the discharge without justification or excuse to declare explicitly or implicitly unable to continue this work.

Article 18 upon expiry of the Directorate in the article/17/sell ships which devolved to the State with goods with the situation according to the methods provided for in chapter III of this law.

Article 19 the stricken vessel ownership in territorial waters or on the beach of the State for six months after the disaster the Navy and sold under the terms and conditions set forth in the preceding article.

Article 20 devolves the proceeds from the sale of ships and debris which devolved to the State in accordance with the provisions of this chapter to the State Treasury.

The p-p for the SF to investigate marine debris and find it by accident and bail him out of article 21, without prejudice to the preceding provisions relating to remove the stricken ship and wreckage, including vessels which devolved to state that no one may investigate any other marine debris and salvaged from waters ports and territorial waters unless he is in possession of a licence from the Directorate.

Article 22 licence is subject to the investigation of debris the following conditions: 1. be a student of Syrian Arab nationals extractions or their equivalents.

2. determine desired things demand recovered and salvage and how place and its duration.

3. the student undertakes to deliver the debris to the Directorate or to the competent port service.

4. the student undertakes to accept the bonus fees equivalent to one third of the net value of the wreck after sold at auction by the Directorate in accordance with the provisions of this chapter.

Article 23 a-anyone found a marine debris in the water or on the beach by accident or bail him out to teach him immediately and forwarded to the Department or to the nearest authority within twenty four hours of time to bail him out.

B-worth the person mentioned in the preceding paragraph quarter net value of debris after selling it at auction.

Article 24 a-Directorate or the authority or debris extradited communicated about his presence, to organize a record that includes: 1. the name of the person who recovered debris and his search for the license and the license number and date.

2. where to find the wreckage and place of receipt.

3. type of debris and description, number or weighed or measured and any other information about him.

B-this authority take measures to preserve the wreck in a safe place until sold at auction.

C the person must attend rubble or debris delivered by signing the record with giving him notice of the date and record number and abstract.

Article 25 a-at the beginning of each month Directorate publishes a list of Muslim debris and description and posted in the lobby of the headquarters of the Syrian ports and harbors of all departments, may also be posted in a local newspaper if the value of publishing costs and justify the debris sent a copy of this list to the Directorate of customs.

B-list must include: 1. call the owners or agents debris to collect it within one month from the date of publication of the regulation under which the right to fall or the cost of the expiration of the said period and don't deliver this debris to those only after they prove their right, the Director-General may reduce the duration of receipt if debris exposed to corruption or damage or was stored causing notification or does not match the value.

2. the obligation of owners of different fees debris including customs duties with all expenses incurred including advertising and any other expenses incurred in the codified regulation Directorate total these expenses and charges.

3. maintenance payments debris removed quota holders in accordance with the provisions of articles/22-23/previous years, the Committee sets provided for in article/27/these rights based on the assessed value of the wreck.

Article 26 if no one claims the right proves debris, the Directorate of expiration specified in the previous article/25/advertise a sale by auction management by the laws in force in the place where keeping debris and should be contained in the Declaration: 1. the type and description of debris and number and weight, measurement etc.

2. the auction date by the laws in force, the Director-General may lose this term in cases specified in the preceding paragraph, article 25//(b) 3. bidder must pay the necessary legal insurance.

4. the buyer's obligation to pay all charges for selling to stakeholders.

Article 27 a-is the General Manager at the beginning of each year to evaluate shipwrecks in the Directorate as follows:-head of Muslim port to debris.

-The Customs delegate members.

-Management accountant or designated by the Director-General or any other financial accountant.

-Shipping agencies company expert.

The Commission has the following functions: 1. valuation of marine debris and the rights of those who bail him out.

2. the auction process.

B-financial reward to members of this Committee by decision of the Minister on the proposal of the Director General.

Article 28 a Committee shall organize the auction record and send it to the Director-General for approval.

B-subject record sale for certification in accordance with the legal provisions in force.

C-record net sales of product after deduction of dues they salvaged and fees and charges revenue for State coffers.

A connect the seabed searching for goods and falling objects from ships in ports and territorial waters article 29 notwithstanding the provisions of Chapter vi of this law, to the owners of the right goods and falling objects or abandoned ships in ports and harbors and waters right in picking them up outside the port area in the territorial waters, and the right to receive these goods and stuff after obtaining prior authorization from the competent port service Chief , And do the necessary customs formalities, cargo owners and agents enjoy the masters and their agents and insurance companies this right too.

Article 30 — required for obtaining the authorization relationship mentioned in the previous article that apply to the head of the harbor during the subsequent 24 hours to fall or leave the goods and stuff in ports or ports or territorial waters, to be mentioned in all the tags and data function on these goods, objects and attach the supporting documentation of ownership.

B-the head of the harbour which receives the request to conduct an investigation on the matter and in case he has to ascertain the validity of the permission given, indicating the type of goods or objects allowed to be salvaged and how workplace and its duration.

Chapter VIII Penal Code article 31 shall be punished by a fine of one thousand to three thousand SP SP, for each of the affected ship climbs or in danger without the permission of its master and does not include the punishment of authorized under window systems perform certain tasks which require his rise to and if without getting permission.

Article 32 — punishable by a fine of one thousand pounds to three thousand ls, everyone neglects none of the obligations set forth in articles (2 – 3) of this Act.

B – and if the person you ignore one of those duties or obligations set forth in articles (4-5-6) of the law of the State, shall be punished with imprisonment for not more than a month and a fine of two thousand to five thousand pounds SP or either so if any damage caused by such negligence and nipped at double fine and imprisonment if this neglect resulted in material damage.

C If negligence resulted in loss of life, he is punished with imprisonment from three months to two years and the fine is doubled.

Article 33 (a) shall be punished with imprisonment for not more than two months and a fine equivalent to twice the value of things recovered that at least a thousand pounds each of sets and is taking away debris in marine ports or ports or territorial waters without prior authorization.

B – shall be punished by imprisonment from three months to six months and fined at least five times the value of the debris at least three thousand SP if I hide the pull out debris or false signs or remove it.

Article 34 a – shall be punished by imprisonment from three months to six months and a fine of five thousand to ten thousand SP SP both hinder or to hinder the rescue ship is doomed or at risk if not do damage or bodily harm.

B in case of loss of life the offender to a term of imprisonment of two to five years and a fine from ten thousand to fifty thousand SP SP and if indeed damage the offender to imprisonment for a term of six months to one year and a fine of twice the value of the goods which caused her loss on not less than five thousand pounds.

Article 35 shall be punished by hard labour from three years to five years, everyone moves into foreign waters a ship aground or abandoned in the port or ports or territorial waters or ports or Syrian territorial waters which part of accessories or its cargo or any marine debris, and it was with the intention of smuggling or tax evasion of the provisions of this law.

Article 36 does not preclude the penalties prescribed in this chapter without applying any sanctions would most prescribed in the laws in force.

Chapter IX General provisions article 37 constitutes a permanent Rescue Committee Director General in the Directorate as follows:-Assistant Director General President-Director of the harbor and Vice President-Director of technical Affairs a member-member Customs delegate-engineer who specializes in the Legal Department Chief Directorate members-members-computer administration or any other financial accountant delegate member company of nautical agencies members and Rapporteur of the Committee Chairman to invite a representative of the port which had fallen in the sanctity of the tsunami as the Committee is entitled to the use of Experts and stakeholders from the maritime authorities and insurance companies to complete its work.

Article 38 the Commission enjoys under article/37/wider powers in the implementation of the provisions of this law and particularly: 1. go immediately to the marine disaster places to take all actions and judicial practical steps to assist and rescue and prevent aggravation of the damages and losses caused by the disaster and restrict them.

2. do all the preventive measures and other legal and administrative actions to implement the tasks related to removing the effects of the disaster as quickly as possible and her immediate necessary contacts with ship owners and other relevant actors and goods within deadlines 3. define charges and fees incurred in order to help and rescue ship and cargo owners claim and salvaged these amounts and negotiate with them to agree on the royalty owed to rescue Directorate 4-study the conditions of vulnerable vessels Technically at risk and navigating and take necessary measures.

5. estimating the costs of removing the stricken ships or at risk and approval of sale and do procedures.

Article 39-case collection of royalty rescue from our stakeholders, resolve her expenses spent by the Department in this regard, to the actual rescue work and to the members of the Committee and participants of the equivalent of 25% of the net amount remaining is revenue for State coffers.

B-for distribution referred to in the previous paragraph on rescue work and managers involved with the decision of the Director General, taking into account the amount of the contribution of each element of the teams in the effort or the size of his responsibility in the work tool, and should not exceed the share of the Chairman and members of the Commission and participants, ten percent of the net amount of the royalties specified in the preceding paragraph and to exclude from the selected compensation ceilings in articles/105 to 110/of the State employment statute.

C-financial reward to members of the permanent Rescue Committee by decision of the Minister on the proposal of the Director General article 40 law enforcement officers must be employees of the Department and the Customs and police officers and the like organize records set by this law violations and refer to Eden: the competent judicial authorities in accordance with the legislation in force.

Article 41 the Minister issued operational instructions for the provisions of this law.

Article 42 terminate the provisions of Legislative Decree No 95/1962 and tightly and text in violation of the provisions of this law in the laws and other regulations.

Article 43 this law shall be published in the Official Gazette.

Damascus in 8/10/1424 corresponding to 2/12/2003 President Bashar Al-Assad