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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, António Caxito Marques, Caio de Mello Ferreira and João Saiago Canjeque, VdA

Salvage Salvage is governed by the International Convention on Maritime Search and Rescue and, on a domes - tic level, by the provisions of the Merchant Navy Law (Article 81 et seq), the Sea Search and Rescue System Regulation (Presidential Decree No 89/16 of 21 April 2016) and the Commercial Code (Article 676 et seq). 3.3 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime Claims has not been ratified by Angola. However, Angola is a signatory of the 1924 Interna - tional Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Owners of Sea-Going Vessels and the 1957 International Con - vention relating to the Limitation of the Liability of Owners of Sea-Going Ships (the “1957 Convention”). Under domestic law, the provisions of the Merchant Navy Law and the Commercial Code are worth not - ing in this regard. For instance, where collision was caused due to fault or wilful misconduct of the crew, damages will be calculated and shared between the owners pro rata to the severity of each crew’s fault. Furthermore, if it is not possible to determine which vessel caused the accident, all intervening vessels shall be jointly liable for damages and losses arising therefrom. 3.4 Vienna Convention on the Law of Treaties Although Angola did not formally accede to or ratify the Vienna Convention on the Law of Treaties (“Vienna Convention”) following its independence from Portu - gal in 1975, its legal system retained Portuguese leg - islation that did not conflict with national sovereignty. This principle is enshrined in Article 58 of the Consti - tutional Law of 11 November 1975 (the First Angolan Constitution), which stated: “All laws and other legal provisions in force at the date of independence shall remain in effect, provided they do not conflict with the Constitution of the People’s Republic of Angola and the Angolan revolutionary process.” Subsequent amendments to the Constitution have further rein- forced this principle. Since Portugal ratified the Vienna Convention in 1969, there is a basis – supported by

• The 1992 Protocol to amend the International Con - vention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. • The 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea. • The 1996 Protocol to amend the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, which regulates envi - ronmental protection. In terms of domestic laws, the Merchant Navy Law, Law No 5/98 of 19 June 1998 (the “Environmental Law”) and its ancillary regulations, and related stat - utes must also be taken into account. Wreck Removals Wreck removals are governed and dealt with in light of domestic law, namely the Merchant Navy Law, the Environmental Law and ancillary statutes and regu - lations, as Angola is not a signatory of the Nairobi International Convention on the Removal of Wrecks of 2007. 3.2 International Conventions: Collision and Salvage The following international conventions and domestic laws are enforceable in Angola. Collision • The 1910 Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels. • The 1952 International Convention for the Unifica - tion of Certain Rules concerning Civil Jurisdiction in Matters of Collision. • The 1952 International Convention for the Unifica - tion of Certain Rules relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Naviga - tion. • The 1972 International Regulations for Preventing Collisions at Sea, as amended in 1981. Collision events are also governed by domestic law, notably Article 73 et seq of the Merchant Navy Law and Article 664 et seq of the Commercial Code.

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