ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, Espiñeira Maritime Lawyers
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Section 116 of the Argentine National Constitution provides that admiralty cases fall within the jurisdic - tion of the Supreme Court and other, lower federal courts. Accordingly, Section 515 of the Argentine Navigation Law (No 20,094) sets forth that all cases resulting from, or related to, navigation shall be heard by the Civil and Commercial Federal Courts of Buenos Aires. The Argentine Maritime Authority ( Prefectura Naval Argentina ) exercises administrative jurisdiction over navigation matters pursuant to Law 18,398, being responsible for investigating the facts and determining administrative and professional liabilities involved in shipwrecks, collisions, groundings and other maritime incidents. Its findings are considered important pieces of evidence in judicial proceedings related thereto. Additionally, there is an Administrative Tribunal of Navigation ( Tribunal Administrativo de la Naveg- ación ), which is another administrative body under the Argentine Navy ( Armada Argentina ), responsible for determining the professional liability of national or foreign crew members in cases involving incidents in navigation. 1.2 Port State Control Argentina is a signatory to the Latin American Agree - ment on Port State Control of Vessels, which was signed in Viña del Mar on 5 November 1992 and has been in force since 1993. For the purposes of exercising port state control, the Argentine Maritime Authority checks whether foreign vessels visiting Argentine ports comply with the provi - sions set forth by the international conventions of the International Maritime Organization (IMO), which are mandatory under the Agreement. These conventions are:
• the International Convention on Load Lines, 1966; • the Protocol of 1988 relating to the International Convention on Load Lines, 1966; • the International Convention for the Safety of Life at Sea, 1974; • the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974; • the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto (MARPOL); • the International Convention on Standards of Train - ing, Certification and Watchkeeping for Seafarers, 1978; • the Convention on the International Regulations for Preventing Collisions at Sea, 1972; and • the International Convention on Tonnage Measure - ment of Ships, 1969. Currently, the Agreement is applicable at the ports of San Lorenzo, Rosario, Arroyo Seco, Villa Constitución, San Nicolás, Ramallo, San Pedro, Zárate, Campana, Buenos Aires, Dock Sud, La Plata, Mar del Plata, Quequén, Bahía Blanca, San Antonio Oeste, Puerto Madryn, Caleta Olivia, Comodoro Rivadavia, Puerto Deseado and Ushuaia. The Argentine Maritime Authority’s inspectors are empowered to conduct onboard inspections, check the validity of the pertinent certificates and docu - ments, and verify the general condition of the vessel, her equipment and her crew. If there is evidence of non-compliance with the require - ments set forth by the aforementioned international conventions, a more detailed inspection can be car - ried out, and if they pose a serious risk to navigation or the maritime environment, foreign vessels may be detained until the deficiencies are fixed. 1.3 Domestic Legislation Applicable to Ship Registration In Argentina, ship registration is regulated by: • the Argentine Navigation Law; • Law 19,170; • the Argentine Maritime, River and Lake Navigation Regime (Decree 37/2025); and • Maritime Ordinance 9/02.
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