SAUDI ARABIA Law and Practice Contributed by: Faisal Daudpota, Daudpota International (in alliance with Khalil Aljehani Law Firm)
Safety of Life at Sea (SOLAS), the International Con - vention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Stand - ards of Training, Certification and Watchkeeping for Seafarers (STCW), load lines and the Maritime Labour Convention (MLC). The system is enforced through the Saudi Commercial Maritime Law (issued 2019), which applies to all for - eign vessels in Saudi waters and empowers authori - ties to enforce safety and environmental standards. Authorities and Powers The TGA is the primary body responsible for maritime safety, including PSC. Powers of port state control officers (PSCOs) include: • inspections – authorised to board foreign ships to verify certifications, crew competence, structural integrity and working/living conditions; • detention – if significant deficiencies are found (eg, in navigation, safety or pollution prevention), PSCOs have the power to detain vessels in Saudi ports until rectification; • rectification – deficiencies must be corrected in the port of inspection or at an agreed repair yard; and • refusal of access – ships that fail to comply with safety requirements or bypass detention orders can be banned from entering Saudi ports. Powers in Relation to Marine Casualties In the event of marine casualties, the TGA has com - prehensive powers to ensure safety and environmen - tal protection. • Seafarer casualties/fatalities: Under the MLC 2006 framework, PSC inspections specifically target the living and working conditions of crew. If deficien - cies such as lack of proper rest, inadequate food or unsafe working conditions are found to have contributed to accidents or fatalities, the vessel can be detained. • Grounding and wreck removal: The Kingdom has acceded to the Nairobi Wreck Removal Convention (2007). Following a grounding, authorities can order the owner to remove the wreck and, if necessary,
take action to ensure the safety of navigation and protect the marine environment. • Pollution: As a signatory to MARPOL, Saudi authorities have the power to inspect for pollution violations, detain vessels that cause pollution and require evidence of financial security (insurance) for pollution. • Investigations: the TGA has the authority to inves - tigate accidents occurring in territorial waters and can restrict the movement of vessels involved until investigations are complete. 1.3 Domestic Legislation Applicable to Ship Registration In Saudi Arabia, the key legislation for ship registra - tion is the Commercial Maritime Law (issued by Roy - al Decree No M/33 in 2018), which governs vessel nationality, ownership and registration, including bare - boat charters. The TGA is the primary governmental body responsible for registering vessels and maintain - ing the ship registry. Key pieces of domestic legislation include: • the Commercial Maritime Law (2018) – replaced the older 1983 law, establishing the legal frame - work for registering commercial vessels, yachts and offshore rigs; • the Implementing Regulations of the Commercial Maritime Law – detailed rules covering survey, ton - nage measurement, registration procedures and flag-state requirements; • the Regulation for the Registration of Ships and Marine Units – specific guidelines governing the registration process and documentation; and • the Maritime Law/Regulations (various updates) – cover safety standards, environmental protection (ballast water/emissions) and navigation permits. The governmental authorities handling registration are: • the TGA – as the central regulatory body, the TGA handles the registration, licensing and inspection of vessels, often utilising the “Maritime Gate” portal for applications; and
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