MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Kenny Laisse and Caio de Mello Ferreira, VdA
Regarding marine casualties such as seafarers’ cas - ualties and fatalities, grounding, pollution or wreck removal, INAMAR is responsible for the following, among others: • monitoring and supervising vessels and fixed and mobile platforms, in order to prevent and detect any pollution activities in the marine environment and inland waters, in co-ordination with other rel - evant entities; • co-ordinating maritime search and rescue activities and the saving of property in maritime, river and lake areas; • participating in the investigation of marine casual - ties and incidents as well as maritime infringement procedures; • inspecting and monitoring the handling of danger - ous cargo, in co-ordination with other competent entities; • adopting measures for the prevention, control and combating of pollution of the marine environment from ships or other floating media at sea, in co- ordination with other relevant entities; • ensuring compliance with international and regional standards, and best practices and procedures, for preventing, reducing, controlling and combating pollution of the marine environment; • preventing and combating pollution of the sea, rivers, lakes and their ecosystems from all sources that may cause damage to the aquatic and coastal environment, in co-ordination with other relevant entities; • preventing, controlling and acting on actions that result in the intentional or unintentional discharge of waste into the sea, inland waters and coastal areas; and • licensing, among others, the exercise of assistance and maritime salvage activities, and the recovery of objects or cargo on the seabed and inland waters. 1.3 Domestic Legislation Applicable to Ship Registration The key domestic pieces of legislation applicable to ship registration are Decree-Law No 42644 and Decree No 42645, both of 14 November 1959 (as amended), which establish the rules on commercial registration.
In Mozambique, the registration of ships is a two- tiered system, involving a flag/administrative reg - istration with the port and maritime authorities (ie, INAMAR) and a commercial registration with the Legal Entities Registry Office ( Conservatória do Registo de Entidades Legais , or CREL). 1.4 Requirements for Ownership of Vessels Registration of ships in Mozambique may be obtained by any natural or legal persons that have their per - manent domicile or head office in the country. Under certain conditions, natural or legal persons domiciled or having their head offices abroad may also apply for registration of their ships in Mozambique, provided that they have a local representative in the country. It is important to highlight, however, that domestic law may impose nationality requirements relating to ves - sels and/or ship-owners ( armadores ) as a condition for carrying out certain activities, such as in cabo - tage and local traffic, as provided for in Decree No 35/2007 of 14 August 2007 and Decree No 35/2016 of 31 August 2016. Vessels under construction may also be registered, even though their registration will remain provisional until completion of the relevant works and carrying out of the applicable inspections and clearances. 1.5 Temporary Registration of Vessels Temporary registration is permitted in certain cases, namely for Mozambican ship-owners that have a bareboat charter in a foreign vessel for the carrying out of cabotage activities. According to Decree No 35/2016 of 31 August 2016, which authorises the special registration of foreign vessels to engage in maritime cabotage operations, a Mozambican company (ie, a company incorporated and organised under the laws of Mozambique and at least 35% owned by Mozambican citizens or Mozam - bican companies majority owned by Mozambicans) is entitled to a bareboat charter in a foreign vessel and to employ her in the carrying out of cabotage opera - tions in Mozambique. While operating in Mozambique, the vessel (under a bareboat charter) is required to secure and exclusively fly the Mozambican flag (the original flag must be suspended). While under a bare - boat charter, the ownership of the vessel will not be
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