Shipping 2026

MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Kenny Laisse and Caio de Mello Ferreira, VdA

• The 1990 International Convention on Oil Pollution Preparedness, Response and Co-operation. • The 1992 Protocol to amend the International Con - vention on Civil Liability for Oil Pollution Damage of 1969. • The 1992 Protocol to amend the International Con - vention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The following domestic laws should also be taken into account: • the Environmental Law, approved by Law No 20/97 of 5 December 1997 (as amended by Law No 16/2014); • the Regulation for Prevention of Pollution and Marine and Coastal Environment Protection, approved by Decree No 45/2006 of 30 November 2006 (as amended by Decree No 97/2020); and • the Law of the Sea, approved by Law No 20/2019 of 8 November 2019. Wreck Removals Wreck removals are governed by domestic law, name - ly the Environmental Law and ancillary statutes and regulations, as Mozambique is not a signatory of the 2007 Nairobi International Convention on the Removal of Wrecks. 3.2 International Conventions: Collision and Salvage The following international conventions and domestic laws are enforceable in Mozambique. Collision • The 1910 International Convention for the Unifica - tion of Certain Rules of Law with respect to Colli - sions 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are also governed by domestic law, notably Article 664 et seq of the 1888 Commercial Code (a statute which was mostly superseded by the 2005 and 2022 Commercial Codes, excluding its Book III, on maritime trade, which remains in full force and effect today). Salvage Salvage is governed by the 1910 Convention for the Unification of Certain Rules of Law respecting Assis - tance and Salvage at Sea and, on a domestic level, by the provisions of the Salvage and Assistance Regime, approved by Legislative Diploma No 96/72 of 12 Octo - ber 1972, and the 1888 Commercial Code (Article 676 et seq). 3.3 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Mar - itime Claims has not been ratified by Mozambique. However, Mozambique is a signatory of the 1924 International Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Own - ers of Sea-Going Vessels and the 1957 International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships (the “1957 Convention”). Under domestic law, it is worth noting the provisions of the Commercial Code in this regard. For instance, where collision was caused due to fault or wilful mis - conduct 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 Mozambique formally acceded to the Vienna Con - vention on the Law of Treaties (“Vienna Convention”) through Resolution No 22/2000 of 19 September 2000. To the best of our knowledge, however, the higher courts have not yet addressed treaty interpre - tation with direct reference to Articles 31 and 32 of the Vienna Convention. Nevertheless, in light of prevailing legal scholarship, certain conclusions can be drawn regarding the interpretative approach to be adopted.

378 CHAMBERS.COM