PAKISTAN Law and Practice Contributed by: Faisal Daudpota, Daudpota International
(a) inspection – PSCOs have the right to board foreign ships to verify documents and check equipment; (b) detention – ships found to be in substantial non-compliance (substandard) with internation - al conventions can be detained until deficien - cies are rectified; and (c) rectification – repairs or operational changes are required before a ship is allowed to sail. Powers in Relation to Marine Casualties and Incidents When a marine casualty (collision, grounding, sinking, pollution) occurs involving a foreign ship, the MMD and DGP&S act immediately to prevent further dam - age and ensure safety. • Grounding/stranding: PSCOs co-ordinate with the Port Authority (Karachi Port Trust, Port Qasim Authority, or Gwadar Port Authority) and the Pakistan Navy to issue navigational warnings and assess structural integrity. • Pollution: if a vessel causes, or is likely to cause, pollution (oil/chemical), the PSCO has the power to – (a) issue notices and fines under the MSO 2001 and the Pakistan Environmental Protection Act (PEPA); and (b) detain the vessel until adequate pollution re - sponse measures are taken. • Seafarer casualties/fatalities: the DGP&S office acts as the co-ordinating authority for investiga - tions into fatalities on foreign ships. It has the power to – (a) investigate working conditions and safety pro - cedures on board; and (b) ensure compliance with MLC 2006 regarding repatriation, compensation, and medical care for deceased or injured crew. • Wreck removal: under the MSO 2001, the mari - time authority has the power to force the owner to remove a wreck that poses a hazard to navigation or the environment, or to arrange for its removal at the owner’s expense. Key Entities Involved • Directorate General of Ports & Shipping (DGP&S): highest authority for policy and oversight.
• Mercantile Marine Department (MMD): executes PSC inspections. • Maritime Security Agency (PMSA): operates under the PMSA Act 1994 to enforce maritime safety, pollution control and security within Pakistan’s maritime zones. 1.3 Domestic Legislation Applicable to Ship Registration In Pakistan, the domestic legislation and administra - tion of ship registration are governed by federal laws aimed at regulating the shipping industry, implement - ing international conventions (such as MARPOL and SOLAS), and offering incentives for local vessel reg - istration. Key Pieces of Domestic Legislation • Pakistan Merchant Shipping Ordinance, 2001 (MSO 2001); • Registration of Ships Rules, 2002; • Pakistan Merchant Marine Policy 2001 (Amended 2019); • Fishing Vessels Registration Rules – 2021; and • Tonnage Rules – 2002. Government Authority for Vessel Registration • Registrar of Ships: the registration is carried out by the principal officer of the MMD, who acts as the Registrar of Ships. • Parent ministry: the MMD functions under the DGP&S, which is part of the Ministry of Maritime Affairs. Key Registration Requirements • Eligibility: ships must be owned by Pakistani citi - zens, companies with their principal place of busi - ness in Pakistan, or approved bodies corporate. • Name approval: the vessel name must be approved by the Directorate Signals, Naval Head - quarters, Islamabad. • Procedures: registration requires a declaration of ownership, builder’s certificate, proof of payment of customs duties (if imported), and a survey by MMD surveyors. • Bareboat charter: a ship on a bareboat charter for at least six months can be registered as a Pakistani ship.
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