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Boats. Seizures And Arrests. Regime.

Original Language Title: Barcos. Embargos Y Arrestos. Regimen.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 19 set/011-NAº 28310

Act NAº 18.803

EMBARGOES AND ARRESTS OF
OR FOREIGN NATIONAL FLAG VESSELS

NORMAS

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


ArtAculoA 1Aº. -A embargo or arrest (prohibited from leaving the waters of the Republic and its ports) of national flag vessels may be decreed according to the rules of this law:

A) For privileged marAmes.

B) For common purposes but derived from their exploitation or ship navigation.

Preventative embargoes for common foreign-to-ship, to its exploitation or navigation, should bring together for their provenance, the requirements required by law.

ArtAculoA 2Aº. -A embargo or arrest (prohibited from leaving the waters of the Republic and its ports) of a foreign-flagged vessel shall proceed:

A) For privileged marAmes.

B) For debts incurred in national territory in the utility of the same vessel or its charges, or payable in the Republic, or enforceable before the courts of the AAs.

C) For claims originating from non-contractual liability arising from the activity of the ship.

D) For debts of those indicated in literals A), B) and C) precedents that have been contracted by another vessel belonging to or has belonged, when the credit was originated, to the same owner or owner.

ArtAculoA 3Aº. -A embargo on national flag vessels will involve the inopability of the ship to the embargoer from the date on which it is registered in the National Register of Ships in charge of the EscribanAa Navy. It will also prevent the flag-stopping being granted. The precautionary embargo shall not determine the arrest, the dispossession and abduction of the ship or other similar measures that prevent the operation of the vessel, as long as the court does not expressly decree them.

The embargo of vessels (of foreign flag or matricula) will always involve arrest, except express authorization of the court.

ArtAculoA 4Aº. -A The request for the measure should summarily justify the appearance of a good right, in the terms set by the article 312 of the General Code of the Process.

It will not be necessary to justify the danger of injury or frustration of the right, which is assumed to be evident by the fact that the ship is destined only, to the navigation.

However, in the event that precautionary measures are requested against national flag vessels that exceed the mere recordable embargo and that include arrest, kidnapping, or other similar, the petition must be strictly justified. the danger of injury or frustration of the right on which the application is based.

ArtAculoA 5Aº. -A The counter-fabric will be governed by the general rules, and its amount will be calculated on the basis of which I will be less than the following two meters:

A) The sum claimed more than 20% (twenty percent).

B) An estimate of the cost of the ship's status in port for a maximum of ten more than 20% (twenty percent). The latter should be accredited by the petitioner, by means of a certificate from a naval expert in the Register of Naval Permits in charge of the National Naval Prefecture.

A The embargo or arrest will cease if any interested party has a fairly (or an appropriate) bond for the payment of the debt. claimed and uninjured, without prejudice to other guarantees which are agreed by the parties and communicated jointly to the competent court.

ArtAculoA 6Aº. -A both the precautionary measure and the lifting of the same will be provided and will be urgently completed within twenty-four hours of the application and must be communicated in a manner immediate to the maritime authority (National Naval Prefecture or prefectural of the respective port). Both measures will also be communicated by trade to the National Ports Administration.

ArtAculoA 7Aº. -A Whichever is the internationally competent jurisdiction to know in the background litigation, the courts of the Republic may order and execute upon request, all measures precautionary, conservatory or emergency purposes, the purpose of which is to guarantee the outcome of pending or eventual litigation with respect to vessels in the Uruguayan waters.

ArtAculoA 8Aº. -A rules on the precautionary matter of items A 311 to 317 and 530 to 536 of the General Code of the Process shall apply as appropriate to the precautionary measures on ships.

ArtAculoA 9Aº. -A In all cases where a vessel has been the subject of a precautionary measure and arrested in a port of the Republic, national courts shall have cumulative competence to understand in the judgment of fund, any outside the jurisdiction internationally competent in the case according to the general rules.

However, the defendant may request that the action be transferred to any of the competent courts, in accordance with the rules that determine the jurisdiction in the case of a fund. The court should have access to it whenever the request meets the following requirements:

A) When formulating this request, the defendant must provide sufficient bail to respond to any sums that may result from a sentence handed down by the new court to which the case is referred.

B) If there were several competent courts cumulatively or alternatively in the case of a fund, the option for the they will be transferred to the actor's trial.

C) The defendant's request should be considered within the time limit for answering the complaint and will suspend the request until such time as ultimately resolve.

ArtAculoA 10. -A When the sale is made in the judicial auction of a foreign flag vessel or matricula, it will not be necessary to present the property titles, nor the certificates of the previous registration. The flag of the ship shall cease in full due to the fact of the judicial remand of the vessel.

ArtAculoA 11. -A national flag ship embargoes on the National Ship Registry will expire at five years.

ArtAculoA 12. -A Foreign Flag Fishing Ships:

1) The applicant for a precautionary measure against a foreign-flagged fishing vessel, for work-less than the amount equivalent to UI 630,000 (six hundred and thirty thousand indexed units), will be exempt from rendering contractwork.

2) The applicant for a precautionary measure against a foreign-flagged fishing vessel, for work-related matters exceeding the amount referred to in the numeral 1) of this article, you can ask for your arrest (port exit interdiction) but in that case you should:

A) Strictly test the fundamentals of the credit and the likelihood of the claimed amount.

B) Grant contrackets in shape, for all damage and damages that the measure can cause.

3) When the owner, owner, or operator of a foreign-flagged fishing vessel that has been the subject of a precautionary measure However (port exit interdiction) will deposit the sum claimed more than 10% (ten percent) by ilAquides to the order of the intervener court, it decreases the lifting of the measure without a more limit and will communicate it to the (a) the relevant authorities in an urgent and without prior view of the action. Such decree shall be appealed without suspensory effect (Article 315.3 of the General Code of Procedure).

4) In all cases the person concerned may also request the replacement of the embargo or arrest by granting garantAas in the form set out in the article 5Aº of this law.

ArtAculoA 13. -A Job Trials initiated by the workers of the same vessel, will be processed at the judicial headquarters where the first claim has been established until the end of all cases in the (a) the limit for the vessel.

The office responsible for distributing shifts will implement mechanisms relevant to such effects.

A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, August 17, 2011.

DANILO ASTORI,
President.
Hugo RodrAguez Filippini,
Secretary.

MINISTRY OF EDUCATION " N AND CULTURE
TO MINISTRY OF INTERIOR
TO MINISTRY OF FOREIGN RELATIONS
A TO MINISTRY OF NATIONAL DEFENSE
A A TO MINISTRY OF TRANSPORT AND WORKS PASBLICAS
A A A A A MINISTRY OF LABOUR AND SOCIAL SECURITY

Montevideo, August 26, 2011.

CA-Mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos, la Ley por la que se darean rales relacionadas con el embargo o arresta de vessels de flagflag Nacional o extransego.

JOSA% MUJICA.
RICARDO EHRLICH.
EDUARDO BONOMI.
LUIS ALMAGRO.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
ENRIQUE PAINTED.
EDUARDO BRENTA.

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Montevideo, Uruguay. Legislative Power.