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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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Act No. 36 /36 of 2003 Act No. 36 of 2003 on the maritime injury of ships within the port or in the docking places


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Act No. 36 of 2003
Date-birth: 2003-12-02 History-Hjri: 1424-10-08
Published as: 2003-12-02
Section: A law.

Information on this Act:
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Law No. 36 of 2003
related to the naval injury of ships inside the port, or in the docking places.

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on 16/9/1424 AH, on 11/11/2003, the following is issued:

Chapter I
Come on.

Article 1

-The application of the provisions of this Law shall mean the expressions set forth beside each of them:
-Ministry of Transport
Minister: Minister of Transport
-Directorate: General Directorate of Ports.
-Director General: General Manager of the General Directorate of Ports.
-maritime disaster: this statement is fired on the ship in the event of its crash or combustion so that it loses its own power of navigation or when it is delinquency or It sank in ports or Syrian docks or in Syrian territorial waters.
A stricken ship: the ship that was hit by a maritime disaster.
-A ship in danger: any ship that is about to cause environmental disaster, maritime disaster or otherwise, or is prone to sinking either because of fire, loss of its ligaments, malfunctioning, failure of one of its main engines, leakage of water, or inability to navigate By means of its own means or due to the departure of its crew or the shortage of more than two-thirds of this crew when a number of other crew members are not qualified to lead it.
-Maritime wreck: any stricken ship that has lost its power to navigation by its own means or the remains of this ship, as it means sunken cargo with The ship, and those things that are found by coincidence or are being searched for in the territorial waters of the Syrian Arab Republic or on its shores.
-Removal of a ship: it means floating or dismembding a sunken ship, retrieving debris with its cargo, or transporting the stricken ship or in danger. to a safe place or out of territorial waters to ensure the avoidance of a maritime disaster within territorial waters or on Syrian shores and ports.


Chapter II
Administrative and judicial proceedings to be followed in the event of a maritime disaster

Article 2

Anyone who watches or knows of a maritime disaster or an indication of its occurrence within the shores of the Syrian Arab Republic or in its waters must immediately report it to the nearest port or any official.

Article 3

Everyone who watches a maritime disaster on the shores of the Syrian Arab Republic or in its territorial waters must initiate an ambulance and save lives at risk, preserve everything in the stricken vessel, and not be looted until public authorities take charge of it.

Article 4

The concerned worker who receives the communication referred to in article II must expedite the communication to the Directorate, which has to make a notification Both the Customs Directorate and the owner of the ill-fated ship or its agent and the Consulate of the State in which the ship is registered.

Article 5

As soon as they are aware of a maritime disaster within their jurisdiction, representatives of the Directorate must move to the place of disaster to do everything that can be done to save lives and preserve the affected ship and what it is, and to them, to assign any person close to the scene of the disaster. With their help, the representatives of the Directorate do not interfere with the captain and the crew of the ill-fated ship with regard to their management unless they are asked to do so.

Article 6

On the basis of the safety of life and the preservation of the ill-fated ship, the representatives of the Directorate have to do what comes:
a-the order to use what they deem necessary from the means of transport and rescue close to the disaster scene.
b. Use of force when necessary to suppress looting and riots.
(h) Arrest of all those who attempt to plunder or riot or impede the rescue of the ill-fated vessel, its contents and the safety of life They are present and have the necessary record written and referred to the public prosecutor's office.
(d) To inspect any place -- including ships -- if there is sufficient evidence of objects belonging to the affected ship.
n. Any further action necessary.

Article 7

The captain of the ill-fated ship must submit to the nearest port of the Directorate within 24 hours of his arrival to the mainland a report of the maritime disaster, accompanied by all forms of the ship, if any, and the report must contain all information concerning the vessel and the persons who were on board the ship. On board passengers or others, including the crew members present prior to or during the incident, and must provide a detailed statement of the shipped goods and other assets belonging to the ship, and the present report shall be used to organize the minutes necessary to ensure the rights of the owners of the relationship.

Article 8

a. The Directorate is conducting an investigation into the disaster and interrogating those who see the interrogation and hearing the testimony of those who see it after it is sworn in, whether it is members of the crew or others.
b. The result of the investigation shall be organized in particular with the following protocol:
1. Name, nationality and description of the ship.
2. Name, owner and agent of the ship's master.
3. Inventory of the names of the owners of the cargo and the names of the persons on board the ship.
4. Amount and type of cargo and quantity and types of stockpiles of the ship.
5. Shipping ports and ports to which the ship was intended.
6. The circumstances, time, place, causes and circumstances of the incident.
7. Services received by the ill-fated ship for assistance and rescue.
8. Human and material losses resulting from the disaster.
9. Any information provided by witnesses.
After the investigation is completed and the minutes of seizure are organized, a copy of which is filed with the competent prosecution service, and each person or person can See the exact record and get a copy of it in exchange for the planned fee.

Article 9

If there is a suspicion that the disaster took place on purpose, the Directorate must arrest the captain of the ill-fated ship, the suspects and the partners and refer them to the public prosecutor's office after the necessary protocol has been organized against them.


Chapter III
Dealing with the stricken ships within the port or in the docking places.

Article 10

If the ship is hit by a maritime disaster inside the port or in the docking places, the Directorate immediately undertakes the necessary investigations of them in the previous chapter and should proceed to alert the owner of the ship or the owner of the ship to the direct necessity of removing the ship with its cargo. In fifteen days of the date of the notification of the notice, he has been informed of the procedures provided for in articles (11-12-13) of this Act. The Directorate determines how long it is required to complete the removal under penalty of a daily delay in the interest of the General Company of the Fireplace in exchange for the various damages estimated by the Directorate in coordination with the aforementioned company, and if the said person does not initiate the removal of the affected ship. Within fifteen days of the date of the ultimatum issued by the Directorate at the end of this period, the Directorate shall remove it at the expense of the author of the relationship.

Article 11

a. If the Directorate implements the removal process by itself in accordance with the provisions of article 10/preceding the warning to the owners of the ship that fees and fees and expenses incurred for the completion of the removal process must be reimbursed and that it will sell the ship's debris and cargo for the payment of such fees and Fees and expenses within one month of the date of the alarm, and in the event that the amounts payable are not paid for, the ship is sold and saved from its debris, cargo or all together by auction after the announcement of the sale in a local newspaper or by mutual consent in case The auction could not be auctioned, as the ship, the debris or the payload was considered purgatory of all bookings and obligations. Finance for public and private.
(b) The amount of the sale resulting from the sale shall be determined by all the rights due to the Directorate and the rest shall be deposited by the State Treasury as a secretariat. If the relevant persons are not required and they shall be entitled to prove their right or to be detained by legal or judicial means within three years of the deposit, they shall be recorded in a safe deposit. State.
c. The rights of public authorities in the affected ship are considered to be first-class, after downloading expenses and expenses.

Article 12

It is not possible for the Directorate to carry out the removal process in accordance with the provisions of Article 10. It should immediately and promptly put forward this process by tendering and in the event that it is not possible to conclude a consensual contract to remove the ship at the expense of the right holders in accordance with the provisions in force.

Article 13

a. If the auction failed or the Directorate could not enter the consensual contract for the removal of the ship, after two months after the disaster, the doomed ship would be auctioned off at the speculative value estimated to be in accordance with its current status when it was disclosed by a committee formed by it. To this end, the Director-General is committed to the auction to remove the ship and its debris within a time limit set by the Directorate, which excludes the Directorate from the application of the provisions in force for contracting procedures except the requirement of insurance and the requirement of demurrage.
b. If the presence of the ill-fated vessel within the port would hinder its investment or navigation operations or the disaster would cause hazards to the marine environment as a result of the leakage of the ship's stockpile of fuel or other harmful substances carrying it or other hazards, it may be possible By decision of the Minister-based on a reasoned proposal by the Director-General-the sale of the vessel at less than the estimated speculative value of it or its debris in exchange for the buyer to remove it after the sale of the methods of sale provided for in the preceding paragraph "a".
c. Contrary to the provisions of the preceding paragraphs, the Directorate may agree with the buyer to limit its right to own the shipwreck without its cargo and in this case the buyer is entitled to charge holders of the payload instead of an honorarium equal to one third of its estimated value after being recovered.

Chapter IV
Dealing with ships in danger

Article 14

In accordance with its means, the Directorate may, by its means or by means owned by public or private, rescue vessels at risk for any reason in accordance with the following provisions:
a. The rescue of vessels that are in danger at the request of the master of the ship or its owner if such vessels are present outside the port basin or outside the docks and rescue in this case after agreement on the rescue operation for a certain proportion of the ship's value and the rescue of its shipment or encounter A lump sum.
b. If the ship is in danger, inside the port basin or in places of anchoring on the Directorate without a request from the captain or without prior warning to him, the initiative to carry out an ambulance and rescue operation on its own, despite the opposition expressed by the captain. In this case, the Directorate is entitled to charge the honorarium and expenses it has spent in this regard.
c. If the ship in danger is present inside the port basin or the landing sites are about to sink and the rescue work is not successful, the Directorate immediately has the right to take the necessary measures to prevent this situation inside the port and the docking places, including the withdrawal of the ship. And flooding them in places with great depths.

Article 15

a. If the owner of the ship and the goods rescued in accordance with the provisions of this chapter shall withhold payment of the Directorate's dues within the time specified for them, it shall take the initiative to reserve the ship and the goods and then sell them on the basis of the basis provided for in article 13/precedent.
b. The Director-General may accept cash or bank bail issued and enhanced by the Syrian Commercial Bank and from the owners of the relationship equal to the amount due to the Directorate for the full fees, expenses and fees for the release of the ship and the reserved goods.


Chapter V
Procedures applicable to affected vessels and vessels in danger

Article 16

Taking into account the provisions of Articles III and IV, and in any case where it is not possible for any reason to remove the affected vessels, their debris and the debris of those that are in danger. The ownership of these vessels and their debris is transferred to the State and their owners are not compensated for the transfer of such property.

Rule 17

Ownership of ships affected or in danger within ports or anchoring places shall be transferred to the State at the end of two months after the occurrence of a disaster and is required to:
-The Directorate has previously issued the necessary warnings to the owners of the relationship in accordance with the provisions of the previous articles 11 and 12 and does not accept any reservations to these warnings. The failure of the owners of the relationship to respond within the time limit is considered to be tantamount to acceptance of them.
-The expiration of such a period without the owners of the ship, the goods or the persons having carried out the removal work or having ceased to do so without a justified excuse or to declare explicitly or implicitly their failure to follow up on such acts.

Rule 18

The Directorate shall take over the expiration of the period specified in article 17/Sales of vessels that have been transferred to the State with the goods on which it is in accordance with the methods provided for in chapter III of this Law.

Rule 19

Ownership of the affected vessels in territorial waters or on the shore of the State shall take place six months after the occurrence of the maritime disaster and shall be sold within the conditions and provisions set forth in the preceding article.

Rule 20

The proceeds from the sale of debris and vessels that have been owned by the State in accordance with the provisions of this chapter shall be transferred to the State treasury.


The sixth person.
Investigation, discovery and salvage of marine debris


Rule 21

Taking into account the previous provisions relating to the removal and debris of affected vessels, including vessels that have been owned by the State, no one may investigate and recover any other sea debris from the waters of the ports and territorial waters unless they have a licence from the Directorate.

Rule 22

The licence to investigate debris is subject to the following conditions:
1. To be a student of recovery from Syrian Arab citizens or in their judgment.
2. To specify in the order the items to be recovered and the location, manner and duration of the recovery.
3. The student undertakes to deliver the debris to the Directorate or to the competent port department.
4. A student's pledge to accept a reward for his fees is equal to one third of the net worth of debris after being auctioned by the Directorate in accordance with the provisions of this chapter.

Rule 23

a. Every person who has found a sea wreck on the face of water or on the beach by accident or has recovered it to be immediately known and handed over to the Directorate or to the nearest subordinate authority within 24 hours of the time it was recovered.
b. The person mentioned in the preceding paragraph deserves a quarter of the net worth of debris after being auctioned.

Rule 24

a. To the Directorate or the authority to which the debris is handed over or is reported to be present, it shall organize a record of this containing:
1. The name of the person who recovered the debris and the licence granted to him to search for it and to indicate the licence number and date.
2. Place and place of receipt of debris.
3. Type, description, number, weight, measurement and any other information.
b. This authority should take the necessary measures to preserve the debris at Amin's place until it is auctioned off.
c. A person who has recovered or delivered the debris must participate in the record and give notice of the number, date and conclusion of the record.

Rule 25

a. At the beginning of each month, the Directorate publishes a list of the Muslim debris and its descriptions and suspends the announcement at the headquarters of all the port departments and Syrian ports, as may be published in a local newspaper, if the value of the debris justifies the costs of publishing and sends a copy of this. Regulation to Customs Directorate.
b. Regulation must include:
1. To invite the owners of the debris or their agents to receive it within one month from the date of publication of the list under penalty of the fall of their right to or at the price of the aforementioned period and does not deliver such debris to them until they have established their right to it, and the Director General may decrease the time limit for receipt of such debris. The debris was exposed to corruption or damage or its storage caused dangers or expenses that were not commensurate with its value.
2. The obligation of the owners of the debris to pay the various fees, including customs duties, with all expenses incurred, including advertising, and any Other expenses incurred by the Directorate and are provided in the Regulation for the total of these expenses and expenses.
3. The owners of the debris have pledged to pay the shares of the chunks in accordance with the provisions of articles /22-23 of the previous one, and shall set forth the Committee provided for in the Article 7/These rights are based on the estimated value of the debris.

Rule 26

If no one demands and proves the right to the debris, the Directorate shall lapse the period specified in article 25 of the preceding article by declaring that it has been auctioned in accordance with the laws in force at the place where the debris has been preserved and should be included in the declaration:
1. Type, description, number, weight, measurement, etc.
2. Date of auction by law in force, except that the Director-General may decrease such time in the cases specified in article 25/preceding paragraph (b) Of her.
3. The bidder must pay the necessary legal insurance.
4. The buyer's obligation to pay all charges of sale to the stakeholders concerned.

Rule 27

a. The Director-General shall form a committee at the beginning of each year to assess the shipwrecks of the Directorate in the following form:
-Head of the Port Service to which the wreckage is president.
-A customs delegate.
-The Management Accountant or designated by the Director General or any other financial accountant.
-A specialist from the navigational power company.
The Commission has the following functions:
1. Estimating the value of marine debris and the rights of those who have recovered it.
2. Conduct auctioning.
b. A financial reward shall be disbursed to the members of this Committee by decision of the Minister upon the proposal of the Director-General.

Rule 28

a. The Committee shall hold an auction record and send it to the Director-General for adoption.
b. The certificate of sale shall be subject to ratification in accordance with the relevant legal provisions in this regard.
c. The net sale of the debris after determination of the dues of those who have recovered it and the charges and expenses shall be recorded in the state treasury.


The onion.
Search for cargo and things bitch about ships in ports and territorial waters


Rule 29

An exception to the provisions of chapter VI of this Law, for owners of the right to goods and objects that are or are abandoned by ships at ports, ports and territorial waters, the right to be recovered outside the port area and in territorial waters, and the right to receive such goods and objects after obtaining Prior permission from the head of the competent port department, and carrying out the necessary customs transactions, the agents of the goods owners, the shipmasters, their agents and the insurance companies enjoy this right as well.

Rule 30

a. The owners of the relationship are required to obtain the permission mentioned in the preceding article to apply to the head of the port department within the next 24 hours for the fall or departure of goods and objects in ports, ports or territorial waters, to be mentioned in the application for all signs The data on these goods and objects and the documents supporting their ownership are attached to them.
b. On the head of the port department who receives the request to conduct an investigation on the matter and if his health is confirmed, he must give permission. What is required is the type of goods or objects allowed to be recovered, the place of work, how long it is, and its duration.


Chapter VIII
The penalties.

Rule 31

The penalty is punishable by a fine of 1,000 Syrian pounds to 3,000 Syrian pounds, for anyone who rises to a ship in distress or in danger without the permission of its skipper. This penalty does not include an authorization under the regulations in force to perform certain functions in which it is required to rise to it and without such authorization. .


Rule 32

A, punishable by a fine of 1,000 liras to 3,000 Syrian pounds, every person who neglectens any of the duties set forth in the articles.
(2.3) This is the law.
b-and if the person who has neglected one of these duties or any of the duties stipulated in the articles (4 -5 - 6) From this law of state workers, a term of imprisonment of not more than a month and a fine of 2,000 liras to five thousand Syrian pounds or one of these punishments is punishable by imprisonment if this neglect does not cause any damages and will eliminate the penalty of imprisonment and fine together if the result of such negligence is caused by such negligence. Material damage.
c. If the negligence results in loss of life, imprisonment shall be punishable by imprisonment from three months to two years and the fine will be doubled.

Rule 33

a. A term of imprisonment shall be punishable by no more than two months and a fine equal to the value of the value of the objects, which are not less than a thousand liras, all of which are seized and It is a sea wreck in ports, harbours or territorial waters without prior authorization.
It shall be punishable by imprisonment from three months to six months and a minimum of five times the value of the debris to be less than 3,000 Syrian pounds if the debris is cleared, removed or marked by signs.

Rule 34

A shall be punished by imprisonment from three months to six months and a fine of 5000 Syrian pounds to ten thousand Syrian pounds, all those who obstruct or attempt to obstruct the rescue of a ship in distress or in danger if it does not result in physical damage or material losses.
In the event of loss of life, the perpetrator shall be sentenced to imprisonment from two years to five years and a fine from ten thousand Syrian pounds to 50,000 Syrian pounds and if the actual losses result in material losses, punishable by imprisonment from six months to one year and a fine equal to twice the value of the goods that cause the goods. By losing at least 5,000 Syrian pounds.

Rule 35

The temporary hard labor is punishable from three years to five years, each person transferred to foreign waters or abandoned in ports, ports, territorial waters, ports, or Syrian territorial waters, any part of their attachment, cargo, or sea debris, and that was intentional. smuggling or evasion of the provisions of this law.

Rule 36

The penalties specified in this Chapter shall not preclude the application of any more severe penalties provided for in the laws in force.


Chapter IX
A year.

Rule 37

The Director-General shall constitute a standing committee for the rescue of the Directorate in the following form:
-Associate Director General
-Head of the competent port department and vice-president
-Director of Technical Affairs
-A customs delegate.
-Specialist maritime engineer in the Directorate-Member
-Head of Legal Service Member
-The management computer or any other financial accountant.
-Delegate for the navigational power company, member and rapporteur.
The head of the committee has invited a representative of the port that took place on his campus of the maritime disaster, and the committee is entitled to the use of the experts and the owners. The matter is from the maritime authorities and insurance institutions to accomplish their work.

Rule 38

The Commission, provided for in article E/37, has the powers to implement the provisions of this law and, in particular, to:
1. To immediately move to the places of the maritime disaster to take all judicial action and practical steps in order to assist and rescue and prevent and limit the aggravation of damage and losses resulting from the disaster.
2. To conduct all provisional procedures and other administrative and legal acts aimed at carrying out the tasks of removing the effects of the disaster as soon as possible and immediately to make the necessary contacts with the owners of vessels, goods and other relevant entities within the Dates Selected
3. To determine the expenses and fees spent in the way of assistance and rescue and to require the owners of the vessels and the goods that have been rescued in these amounts and to negotiate with them to agree on the rescue operation due to the Directorate
4. To study and take measures on the conditions of technically and nautical-vulnerable vessels.
5. Estimate the costs of the removal and sale of vessels affected or at risk and the approval of the sale and the conduct of the proceedings.

Rule 39

a. If a rescue package is collected from the owners of the relationship, the expenses incurred by the Directorate in this regard shall be settled. The actual rescue work for those who carried out the actual rescue work and for the members of the committee and the participants shall be equal to 25 % of the net amount and the rest shall be considered as revenue for the State treasury.
b. The ratio referred to in the preceding paragraph shall be distributed to rescue operators and participants by decision of the Director-General, taking into account the contribution of each of the two teams to efforts or the volume of responsibility for their work, and shall not exceed the quota of the Chairperson, the members of the Commission and the participants Ten per cent of the net amount of the equipment specified in the preceding paragraph is excluded from the specific ceilings for compensation in articles 105 to 110/of the Basic Law for State Workers.
c. A financial reward to the members of the Standing Rescue Committee shall be disbursed by decision of the Minister upon the proposal of the Director-General

Rule 40

The officers of the judicial officers of the Directorate, customs officers, the police, and those in their judgment must organize the minutes of the seizure of irregularities. This law and the referral of the carp to the competent judicial bodies in accordance with the legislation in force.

Rule 41

The Minister shall issue executive instructions for the provisions of this Act.

Rule 42

Ends the provisions of Legislative Decree No. 95 /95 of 1962 and the provisions and provisions in contravention of the provisions of this Act wherever it is contained in other laws and regulations.

Rule 43

This law is published in the Official Journal.
Damascus on 8 /10, 1424 A.H. 2/12 /2003

President
Bashar al-Assad












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