COLOMBIA Law and Practice Contributed by: Javier Franco, Franco & Abogados Asociados
Moreover, Articles 27 et seq of Law 2133 of 2021 refer to mortgages of vessels. Specifically, Article 28 of this local provision clarifies that mortgages of vessels of 500 gross tons will be dealt with in accordance with what is provided in Decision 487 of 2000, whereas the rest would be treated in accordance with the Com - mercial Code. 1.7 Ship Ownership and Mortgages Registry The DIMAR could issue a (previously requested) certif - icate of ownership ( certificado de tradición y libertad ) of any vessel entered in the Colombian flag register, in which a mortgage that has been established on the vessel would be evidenced. Colombia is a jurisdiction where sales of vessels are not frequent and the local bank system is thus not really familiarised with ship’s loans and ship’s financ - ing (in general). In any case, although not a common domestic operation, local banks are able to provide assistance with obtaining finance for such purpose under certain circumstances (as has occurred in the past). It is important to note that, as per Decision 487 of 2000, ship mortgages must be done by public deed and registered with the DIMAR. 2.2 Ship Leasing Please see 2.1 Ship Loan Finance . 2. Ship Finance and Leasing 2.1 Ship Loan Finance 3. Marine Casualties and Owners’ Liability 3.1 International Conventions: Pollution and Wreck Removal Colombia is a party to both the International Conven - tion on Civil Liability for Oil Pollution Damage (CLC) and the Oil Pollution Fund (FUND) Convention, in their 1992 amended versions. Thus, pollution events aris - ing out of accidents involving oil tankers transporting crude oil are to be dealt with mainly in the applica - tion of these international conventions. However, the
country is also a party to the International Conven - tion for the Prevention of Pollution from Ships, 1973 (MARPOL), so these parameters are usually available if an operational pollution incident occurs in Colom - bian waters. With regard to wreck removal, the country has not yet ratified the Nairobi Convention and there are no domestic provisions in force that specifically address the subject. 3.2 International Conventions: Collision and Salvage As per Article 1473 of the Colombian Commercial Code, the armador is the person who sends a vessel to sea at their own expense and under their own name and risk, regardless of whether or not they are the reg - istered owner of the vessel. Furthermore, Article 1478 establishes that the armador is to be held responsible (from a civil perspective) for the faults incurred by the captain, pilot and the crew. However, Article 1481 of the Colombian Commercial Code clarifies that, in most cases, the armador could limit their liability, whether or not they are the owner of the vessel, to the value of the vessel, her accessories and freight. Colombia is not a party to the Salvage Convention 1989. However, Articles 1545–1554 of the Colombian Commercial Code incorporate certain provisions that follow the basic logic of the York Antwerp Rules. 3.3 Convention on Limitation of Liability for Maritime Claims Colombia has not ratified the 1976 Convention on Limitation of Liability for Maritime Claims (the “1976 LLMC Convention”). As mentioned in 3.2 International Conventions: Collision and Salvage , the Colombian Commercial Code provides that only in certain cases could the armador limit their liability to the value of the ship, her accessories and freight. There is currently no further local legislation that follows the parameters of the 1976 LLMC Convention. 3.4 Vienna Convention on the Law of Treaties The Vienna Convention was incorporated into domes - tic law via Law 32 of 1985. Thus, the instrument is
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