Shipping 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

CHAMBERS GLOBAL PRACTICE GUIDES

Shipping 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

Contributing Editors Yoav Harris, Domiana Abboud and John Harris (Founder, 1940-2023) Harris & Co Shipping & Maritime Law

Global Practice Guides

Shipping

Contributing Editors Yoav Harris, Domiana Abboud and John Harris (Founder, 1940-2023) Harris & Co Shipping & Maritime Law

2025

Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. GPG Director Katie Burrington Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewer Sally McGonigal, Ethne Withers, Deborah Sinclair and Stephen Dinkeldein Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Hannah Leinmüller Head of Production Jasper John Production Coordinator Genevieve Sibayan

Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com

Contents

INTRODUCTION Contributed by Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office p.5

DENMARK Law and Practice p.177 Contributed by Bech-Bruun Trends and Developments p.198 Contributed by Bech-Bruun INDIA Law and Practice p.204 Contributed by Phoenix Legal Trends and Developments p.224 Contributed by Phoenix Legal

ANGOLA Law and Practice p.12 Contributed by VdA Trends and Developments p.31 Contributed by VdA

ARGENTINA Law and Practice p.37

INDONESIA Law and Practice p.231 Contributed by SSEK Law Firm Trends and Developments p.252 Contributed by ABNR Counsellors at Law ISRAEL Law and Practice p.259 Contributed by J.SPRINZAK Trends and Developments p.281 Contributed by Harris & Co Maritime Law Office

Contributed by International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados

BELGIUM Law and Practice p.53 Contributed by Kegels Advocaten

BRAZIL Law and Practice p.73 Contributed by Kincaid | Mendes Vianna Advogados CHILE Law and Practice p.90 Contributed by Jorquiera & Rozas Abogados

ITALY Law and Practice p.289 Contributed by ADVANT Nctm JAPAN Law and Practice p.313 Contributed by TMI Associates LIBERIA Trends and Developments p.331 Contributed by Berman Legal LLC

CHINA Law and Practice p.111 Contributed by Wang Jing & Co

COLOMBIA Law and Practice p.132 Contributed by Franco & Abogados Asociados CYPRUS Law and Practice p.144 Contributed by SCORDIS PAPAPETROU & Co LLC Trends and Developments p.169 Contributed by Montanios & Montanios LLC

MALTA Law and Practice p.334 Contributed by Fenech & Fenech Advocates Trends and Developments p.359 Contributed by Fenech & Fenech Advocates

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Contents

MARSHALL ISLANDS Trends and Developments p.367 Contributed by Berman Legal LLC MOZAMBIQUE Law and Practice p.371 Contributed by VdA Trends and Developments p.389 Contributed by VdA NIGERIA Law and Practice p.394 Contributed by Bloomfield LP NORWAY Law and Practice p.416 Contributed by Kvale Advokatfirma DA Trends and Developments p.434 Contributed by Kvale Advokatfirma DA PANAMA Law and Practice p.440 Contributed by Patton Moreno & Asvat PHILIPPINES Law and Practice p.459 Contributed by VeraLaw Trends and Developments p.475 Contributed by VeraLaw

SINGAPORE Law and Practice p.481 Contributed by DennisMathiew SOUTH KOREA Law and Practice p.499 Contributed by Jipyong LLC Trends and Developments p.516 Contributed by Jipyong LLC Contributed by Aiyon Abogados Trends and Developments p.546 Contributed by BUFETE A. PRATS SWEDEN Law and Practice p.552 Contributed by Advokatfirman Vinge KB SPAIN Law and Practice p.523 UAE Law and Practice p.569 Contributed by Attalah Legal Consultancy

USA Law and Practice p.593

Contributed by Seward & Kissel LLP Trends and Developments p.610 Contributed by Seward & Kissel LLP

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INTRODUCTION

Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

Harris & Co Maritime Law Office was estab- lished in 1977 and handles a lot of legal work in various areas of the law. Its main focus is on maritime and admiralty law, including ship ar - rests, charterparty disputes, cargo claims, the sale and purchase of ships, the financing of ship purchases, arbitration and commercial litigation. The firm represents ship-owners, charterers, agents, freight forwarders, P&L clubs, oil refin - eries and other commercial entities in shipping

and maritime law matters. Harris & Co receives instructions from the foremost shipping and maritime law departments of international law firms and keeps abreast of English and other jurisdictions’ maritime law judgments and pub - lications. Also, the firm is regularly instructed by legal firms abroad requiring legal assistance in maritime matters relating to Israel. The firm reg - ularly receives “top tier” ratings from Chambers & Partners, among other legal directories.

Contributing Editors

Yoav Harris graduated in 1999 summa cum laude from the law faculty of Haifa University. Yoav specialises in maritime law and commercial litigation. He is known for his deep and wide

John Harris (1940-2023) was a founding partner of Harris & Co.

Domiana Abboud is an associate attorney at Harris & Co. She graduated from the University of Haifa Faculty of Law in 2019. Prior to joining Harris & Co., Domiana gained

legal knowledge, the sharpness of his written and verbal pleadings, the quality of his cross- examinations and his skill in obtaining successful, satisfactory outcomes for his clients. Yoav contributes articles to the Israeli monthly magazine The Cargo and is co-author, with John Harris, of the Israeli chapters of the annual Ship Arrest in Practice guide of Shiparrested.com. He is also the editor of the Chambers International Global Practice Guide and the Israeli chapters of the international shipping guides of other legal directories.

valuable experience as a law clerk to a judge at the Haifa District Court and as an associate attorney at one of Israel’s leading law firms. Since 2021, she has been part of Harris & Co, where she specialises in maritime law and commercial litigation.

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

Harris & Co Maritime Law Office 16 Pal-Yam St, 5th Fl Haifa 330952 Israel

Tel: +972 54 420 2951 Fax: +927 04 874 4040 Email: yoavh@maritime-law.co.il Web: www.lawships.com

Steps Towards Stability in the Middle East The Middle East is experiencing a moment of calm as a ceasefire deal was reached between Israel and Lebanon on 27 November 2024, halt - ing the war between Israel and Hezbollah. Within the deal, and without precluding both parties’ right to self-defence, Lebanon and Israel agreed inter alia to commit to United Nations Security Council Resolution (UNSCR) No 1701, with Hez - bollah withdrawing and dismantling all military facilities and infrastructure starting in the south - ern part of Litani River, and with Israel withdraw - ing over a period of up to 60 days. On 16 January 2025, a ceasefire and hostage deal between Israel and Hamas was announced, halting the conflict that began on 7 October 2023 when Hamas initiated attacks leading to the murder of 1,200 people and the kidnapping of nearly 200 others. Meanwhile, on 8 December 2024, the al-Assad regime fell in Syria nearly 14 years after the Syr - ian Civil War started. Collectively, these events have resulted in a diminishment of the presence in the region of Hezbollah’s and al-Assad’s key ally, Iran, paving the way for possible long-last - ing regional stability.

Economic Implications of the Houthi Attacks on the Suez Canal The Houthis from Yemen are the only group continuing – and extending – their attacks against Israel, hijacking MV Galaxy Leader on 19 November 2023 while it was navigating in the Bab-al-Mandeb Strait in the Red Sea and violat - ing the right to innocent passage and naviga - tion, as guaranteed under the UN Convention on the Law of the Sea (UNCLOS), constituting acts of piracy as defined in UNCLOS (Articles 101 and 102). Significant attacks were launched by the United States, United Kingdom and Israel, backed by their allies, who no longer tolerate the Houthis’ missile interception and are intensify - ing targeted attacks Yemen including in Sana’a, launching multiple precision strikes against Houthi facilities and weapons. Besides the total shutdown of Israel’s Eilat port, no significant harm was caused to Israel’s ship - ping trade industry as a result of the Houthi attacks. The Suez Canal seems to have suf - fered most, with a remarkable loss of revenue seen in association with vessels diverting to the longer route around Africa to prevent the risk of a Houthi attack. According to a statement from the head of the Suez Canal Authority, Osama Rabie,

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

the income of the Suez Canal from the shipping trade in financial year 2023–24 fell to USD7.2 bil - lion – 23% less than the previous year’s income of USD9.4 billion. Another challenge the Suez Canal might be fac - ing is climate change, namely the melting of gla - ciers and increasing wildfires. Additionally, Rus - sia and China’s Northern Sea Route – or Polar Silk Road – endeavour is a viable alternative for commercial shipping that offers a shorter sail- ing distance between Europe and Asia of 13,000 kilometres compared to the 21,000-kilometre Suez Canal Route. The Russia-China-backed route has raised concerns in the US, with Pres - ident-elect Trump making remarks even prior to assuming office on the necessity of a US pres - ence in Greenland to ensure national security. FuelEu Regulations Although maritime transport remains the most carbon-efficient mode of transport per ton km, at the same time, ship traffic to and from port in the European Economic Area still accounts for some 11% of all EU carbon dioxide (CO₂) emis - sions from transport and 3–4 % of the EU’s total CO₂ emissions (but see (3) of Regulation (EU) 2023/1805; the “FuelEU Regulations”). Having the objective of increasing the consistent use of renewable and low-carbon fuels and sub - stituting sources of energy in maritime transport across the EU, the FuelEU Regulations came into force on 1 January 2025 in the following manner. According to Article 4, the yearly average green - house gas (GHG) intensity of the energy used on board a ship during a year shall not exceed the limit of 91.16 grams of CO₂ equivalent per MJ. This limit is reduced by 2% from 1 January 2025 and further reduced every five years until a reduction of 80% is reached on 1 January 2050.

The energy used by a vessel is calculated according to a formula in Annex I, which takes into account, for example, the types of fuels delivered to the ship, if the ship used electric - ity at berth and the use of non-biological fuel, which provides the ship with a “reward factor”. Exceeding the above limit will result in a fine, which will be doubled if the violation is repeated in two consecutive years. The FuelEU Regula - tions apply to all ships above 500 gross tonnage that serve the purpose of transporting cargo pas - sengers for commercial purposes, regardless of their flag, with a requirement for registration, a monitoring plan and other forms of supervision under an accredited legal entity known as "the “verifier”. The allocation of liabilities resulting from the FuelEU Regulations between owners and charterers has been implemented by the revised Baltic and International Maritime Council (BIMCO) FuelEU Maritime Clause for Time Char - ter Parties 2024. The FuelEU Regulations are to be viewed together with EU Directive 2003/87, setting a GHG emission allowance – applied from 1 January 2024 – on maritime transpor - tation, and EU Directive 2016/802, limiting the sulphur content of marine fuel used in EU seas and the EU exclusive economic zone to 0.10% from 1 January 2015. The goals and direction of the EU environmental regulations are clear, and ship operators calling at European ports should follow them. Military Use of Autonomous Ships: Development of the Maritime Autonomous Surface Ships (MASS) Code While the technological and legal evolution of autonomous ships in the civil and commercial sectors is offering a glimpse of the future, the use and development of autonomous ships and naval drones in the Ukraine-Russia conflict is reminiscent of past wars – for instance the

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

developments in aviation precipitated by the First World War. After sinking the Russian ships Ivanovets on 1 February 2024 and Tsezar Kunikov on 14 Feb - ruary 2024, on 5 March 2024, Ukraine naval drones sunk Sergey Kotov, a patrol ship of the Russian Navy, in the Black Sea near the Kerch strait following two previous failed attempts to target it. On 31 December 2024, for the first time, a Ukrainian naval drone, Magura 5, reportedly successfully hit and downed an air target – a Russian Mi-8 helicopter on Crimea’s west coast – and damaged another. These sea-to-sea and sea-to-air attacks made by naval drones highlight how naval drone tech - nology contributes to a narrowing of the gap in the military capabilities between Ukraine and Russia, in terms of both air and naval forces. The International Maritime Organization (IMO) continues its work to keep pace with the rapidly evolving technological developments in autono - mous ships, holding a symposium titled “Sailing together: Striving for a future-proof IMO MASS Code ” on 14 May 2024 to share expertise on autonomous ship research and development. In the 108th session of the Maritime Safety Com - mittee (MSC), held in May 2024, the Committee continued to progress towards developing the MASS Code. At the subsequent 109th session held on December 2024, a revised road map was set, with the non-mandatory MASS Code to take effect in May 2026 and the mandatory code expected by July 2030, entering into force by 2032. EU Sanctions Against Russia and Russia’s Evasion Attempts The EU sanctions against Russia (Regulation No 833/2014), especially those focusing on the

shipping industry preventing Russian flag ves - sels from calling at EU ports (Article 3ea) and prohibiting the supply of navigation goods and technologies (Article 3f), are causing damage to the Russian fleet of approximately 2,800 ves - sels. The combination of sanctions, the age - ing Russian fleet and a lack of maintenance is causing distress to Russian flagged vessels; only recently, two Russian cargo ships, the 55-year- old Volgoneft 212 and the 51-year-old Volgoneft 239, ran aground, causing an oil spill in the Kerch Strait near Crimea. These incidents underline the impact of sanctions and how far-reaching their consequences can be. Regardless, Russia seems to apply any means to circumvent sanctions, implementing new methods of catching and dragging; recently, on 25 December 2024, the Russian-linked Cook Island-flagged Eagle S vessel dropped its anchor and dragged it, cutting the undersea electricity cable Estlink 2 connecting Estonia and Finland. The vessel was seized by Finland, with the seizure upheld by a Finnish court decision, and investigation of the incident is still ongoing. Reminder on Owners’ Obligations and Misdelivery of Cargo According to the English Rafaela S judgment, “Bills of lading stand as the international sale of goods, the operation of documentary cred - its mediating those sales, and the carriage of goods by sea… bills of lading have come to be regarded as ‘one of the pillars of international trade’”. If letters of credits are the “lifeblood” of cross-border commerce, as they are some - times described, “then it is bills of lading that are responsible for keeping the lifeblood flowing in most trades”. These are the opening words of honourable S Mohan J of the High Court of Singapore, in the judgment in Maersk Katalin [2024] SGHC 282, another matter where a carrier

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

parted with its cargo without presentation of the original bills of lading and was confronted with a claim from the financing bank and (ultimately) the holder of the bills, following the collapse of Hin Leong Trading (HLT). In this case, following the seller’s and charter - er’s (Winston) orders to discharge the cargo of 752,870 barrels of gasoil without presentation of the original bills of lading in return for the usual indemnities, the carrier (Maersk) discharged the cargo on 28–29 February 2020. On 3 March 2020, HLT applied to the claiming bank – United Overseas Bank (UOB) – for a letter of credit to finance the purchase of the cargo. This appli - cation was made pursuant to various lines of credit provided by UOB to HLT in April 2018, with a total amount of USD250 million. On 4 March 2020, UOB issued the required letter of credit and, on 27 March, UOB remitted USD43 mil - lion to HLT’s receiving bank (Credit Suisse) after taking receipt of the original payment letter of intent (LOI) and commercial invoice, along with copies of the letter of credit (L/C) documents sent by e-mail. After HLT announced its insolvency on 14 April 2020, UOB required the original bills of lading from Winston on 15 July 2020. As holder of the original bills, UOB filed a lawsuit against Maersk claiming its liability for misde - livery, mainly in contract but also in negligence, bailment and conversion. The court held that by agreeing to the terms in charterparties obliging them to discharge the cargo without presentation of the original bills of lading, and against presentation of suitable indemnity, ship-owners effectively commit to breaching their primary obligation under the bills to deliver cargo only upon their presentation. In

fact, the indemnity provided to the ship-owners operates as an admission or acknowledgment of the ship-owners of the wrongfulness of the delivery of the cargo in such circumstances, and merely “relocates” the legal risk of the carrier’s unlawful conduct. The court denied the carrier’s argument as if, with the discharge and delivery of the cargo to HLT, the bills of lading were “spent”, in the sense that their possession by UOB “no longer gives a right (as against the carrier) to the possession of the goods to which the bills relate”, as governed by clause 2 of the UK Carriage of Goods by Sea Act (COGSA). Citing the joint expert’s memo - randum on English law, explaining that “where cargo is delivered against a discharge LOI, rather than upon surrender of the Bill of Lading, the legal status of the Bill of lading is not gener - ally spent: the lawful holder of the Bill of Lading retains the right to the immediate possession upon its surrender and is entitled to sue the car - rier for the breach of the contract”, the court held that no reasons were given for the “bold asserta - tion” that HLT was the party entitled to the cargo on 28–29 February; therefore, the bills of lading were not spent. This was also supported by the determination that the relevant “contractual or other arrangement” was the sale contract, which required the opening of the L/C, and the L/C pro - vided accordingly expressly contemplated that payment will be effected against presentation of the original bills of lading. Therefore, clause 2 (a) of the UK COGSA, entitling the right to pos - sessionto one who becomes the holder of the bill “by virtue of a transaction effected in pursu - ance of any contractual or other arrangement made when such a right to possession ceased to attach to possession of the bill”, has also been operated, another reason why the bills have not been spent.

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

After considering the evidence, the court con - cluded that it could not be persuaded, on the balance of probabilities, that – when issuing the L/C – UOB knew that the cargo had already been discharged and delivered into HLT’s possession. Considering that, at the time of the breach (the discharge and delivery of the cargo to HLT), UOB was not even in the picture, the court found it difficult to accept Maersk’s causation defence, submitting that had UOB been asked “Would you have agreed for the cargo to be delivered (to HLT) without production of the original bills of lading?”, UOB would have answered “Yes, of course”, especially when that proposition was never actually tested at trial with UOB’s wit - nesses. As all of the ship-owner’s pleaded defences failed, the court granted judgment in favour of UOB against Maersk, awarding a sum of USD39.3 million – being the market value of the cargo at the time of misdelivery as assessed by the court – together with interest at 5.33% per annum, reminding carriers and traders what the consequences – according to common practice – might be of discharging and delivering carried cargos not against presentation of the original bills of lading, with an LOI provided as indemnity for such a breach. The Wide Protection of the One-Year Time Bar Limitation Another matter of misdelivery was not favour - able to the financing bank, FIMbank, which financed a cargo of about 85,510 MT in bulk carried by the vessel Giant Ace between Indo - nesia and the Indian ports of Jaigarh and Dighi, and discharged between 1 and 18 April 2018 against letters of indemnity. Although it was held (following authorities reaching back to Glyn Mills v East and West India Dock (1882)) that it was common ground that delivery by a carrier

without the production of a bill of lading was a breach of contract with strict liability, such that fault or negligence did not have to be proved, because FIMbank served a notice of arbitration against the (contractual) carrier (KCH) on 24 April 2020, more than one year after the delivery of the goods, following Article III, Rule 6 of the Hague-Visby Rules, the claim was time-barred. The court of appeal found that although the Hague-Visby Rules applied only to the carriage by sea, which began on loading and ended at the discharge of the cargo, the revised word - ing of the Hague-Visby Rules at Article III Rule 6 (“shall in any event be discharged from all liabil - ity whatsoever in respect of the goods”) is wide enough to apply also to liabilities arising beyond the carriage and discharge of the cargo, and to shelter same under the one-year time bar limita- tion. The Supreme Court (FIMbank v KCH Ship - ping [2024] UKSC 38) added that the statement made in Article IV bis of the Hague-Visby Rules – “the defences and limits of liability provided for in these Rules shall apply in any action against the carrier… whether the action be founded in contract or in tort” – also made it clear that the defences according to the Rules are not limited only to breach of obligation and include misde - livery claims. Sanctions and Force Majeure US Sanctions raised the question of force majeure and a party’s freedom to reject a non- contractual performance in the matter of RTI v Mur Shipping [2024] UKSC, where the charterers (RTI) and owners (MUR) concluded a contract of affreightment (COA) for the carriage of 280,000 MT per month of bauxite between July 2016 and June 2018. Under the COA, payment of freight was agreed to be in US dollars. On April 2018, the US Department of Treasury’s Office of For - eign Assets Control applied sanctions to RTI’s parent company. MUR invoked the force majeure

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INTRODUCTION Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office

clause of the COA, arguing that continuing with the COA would place MUR in breach of the sanctions, and the sanctions prevented dollar payment of the freight as determined in the COA. MUR denied RTI’s argument that payment could be made in euros, with conversion to US dollars at RTI’s expense, and declined to nominate any ships to carry the cargo of RTI, which later com - menced arbitration, claiming its additional costs for the alternative carriage it had arranged. The matter reached the Supreme Court, which held inter alia that principles of freedom of contract and certainty in commercial contracts allowed MUR to reject the non-contractual performance of the contract, as the contractual right was pay - ment of the freight in USD, and the contract did not permit any other form of payment. This was supported by Bulman v Fenwick [1894], where the charterers’ contractual right to nominate the berth was acknowledged, allowing him to decline the owner’s request to place the vessel in an alternative discharge berth, and by Rear - don Smith Line v Ministry of Agriculture [1963], where the charterer’s contractual right to insist on the loading of a cargo of wheat only – rather than using the alternative option of loading one- third of barely and one-third of flour – was also

acknowledged (in both cases, the charterers used their rights against a background of strikes that delayed the vessels, with no payment of demurrage). Since “reasonable endeavours” in the meaning of the force majeure clause acts to maintain the contractual performance and not to substitute it with a different performance, MUR was not obliged to accept payment in euros, and the force majeure applied. Although this matter dealt with sanctions imposed prior to the war between Russia and Ukraine, it seems that the grounds of viewing sanctions that interfere with a concluded contract as a force majeure event, which could not be avoided by changing the contract, were set. The cases above are examples of how com - mercial practice and international sanctions are viewed and decided by the courts according to long-established principles of law. Other chapters and articles in this guide will also shed light on these and other aspects of mari - time law and shipping; each jurisdiction brings unique legal perspectives, practices and chal - lenges, contributing to a more comprehensive and diverse view of maritime law.

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ANGOLA

Democratic Republic of the Congo

Luanda

Angola

Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque VdA

Zambia

Namibia

Contents 1. Maritime and Shipping Legislation and Regulation p.16 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts p.16 1.2 Port State Control p.16 1.3 Domestic Legislation Applicable to Ship Registration p.16 1.4 Requirements for Ownership of Vessels p.17 1.5 Temporary Registration of Vessels p.17 1.6 Registration of Mortgages p.17 1.7 Ship Ownership and Mortgages Registry p.19 2. Marine Casualties and Owners’ Liability p.19 2.1 International Conventions: Pollution and Wreck Removal p.19 2.2 International Conventions: Collision and Salvage p.20 2.3 1976 Convention on Limitation of Liability for Maritime Claims p.20 2.4 Procedure and Requirements for Establishing a Limitation Fund p.20 2.5 Seafarers’ Safety and Owners’ Liability p.21 3. Cargo Claims p.21 3.1 Bills of Lading p.21 3.2 Title to Sue on a Bill of Lading p.21 3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages p.21 3.4 Misdeclaration of Cargo p.21 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo p.21 4. Maritime Liens and Ship Arrests p.22 4.1 Ship Arrests p.22 4.2 Maritime Liens p.22 4.3 Liability in Personam for Owners or Demise Charterers p.22

4.4 Unpaid Bunkers p.23 4.5 Arresting a Vessel p.23 4.6 Arresting Bunkers and Freight p.23 4.7 Sister-Ship Arrest p.23 4.8 Other Ways of Obtaining Attachment Orders p.24 4.9 Releasing an Arrested Vessel p.24 4.10 Procedure for the Judicial Sale of Arrested Ships p.24 4.11 Insolvency Laws Applied by Maritime Courts p.25 4.12 Damages in the Event of Wrongful Arrest of a Vessel p.25

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ANGOLA CONTENTS

5. Passenger Claims p.25 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims p.25 6. Enforcement of Law and Jurisdiction and Arbitration Clauses p.25 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading p.25 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading p.26 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards p.26 6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction p.27 6.5 Domestic Arbitration Institutes p.27 6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses p.27 7. Ship-Owners’ Income Tax Relief p.27 7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies p.27 8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine p.28 8.1 Force Majeure and Frustration p.28 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil p.28 8.3 Trade Sanctions p.28 8.4 International Conflict(s) p.29 9. Additional Maritime or Shipping Issues p.30 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues p.30

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

VdA is a leading international law firm with more than 40 years of history, recognised for its im - pressive track record and innovative approach in corporate legal services. The excellence of its highly specialised legal services, covering sev - eral industries and practice areas, enables VdA to overcome the increasingly complex chal - lenges faced by its clients. Recognition of the excellence of its work is shared by the entire team, as well as by clients and stakeholders, and is acknowledged by leading professional associations, legal publications and academic

entities. VdA has been consistently recognised for its outstanding and innovative services, hav - ing received the most prestigious international accolades and awards of the legal industry. Through the VdA Legal Partners network, cli - ents have access to seven jurisdictions (Angola, Cabo Verde, Equatorial Guinea, Mozambique, Portugal, São Tomé and Príncipe, and Timor- Leste), with a broad sectoral coverage in all Portuguese-speaking African countries, as well as Timor-Leste.

Authors

José Miguel Oliveira joined VdA in 2015. He is a partner of the oil and gas practice group and responsible for the shipping practice. José leverages his over 15 years of international

Sara Alves Lourenço joined VdA in 2022. She is an associate in the litigation and arbitration practice, where she has specialised in civil, commercial, corporate and shipping

experience in African jurisdictions, including Angola and Mozambique, where he has been involved in projects and operations across the oil and gas industry’s value chains and has provided advice regarding regulatory issues, contractual matters, corporate and commercial, restructuring, M&A, foreign direct investment, foreign exchange, and shipping and maritime matters. He has acted for the full spectrum of those involved in the shipping industry, including ship-owners and charterers, cargo interests, P&I clubs, banks, ship-yards, port operators, brokers and agents.

litigation, domestic arbitrations, as well as corporate recovery and revitalisation. Prior to joining VdA, Sara also worked in the corporate/ M&A practice for a full year. Sara holds a law degree and an LLM in Corporate and Commercial Law from Maastricht University.

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

Caio de Mello Ferreira joined VdA in 2023. He is a trainee lawyer in the oil and gas practice group, where he has been involved in projects and operations across the African oil

João Saiago Canjeque joined ASP Advogados of the VdA Legal Partners network as a trainee lawyer in 2023. His practice focuses especially on litigation, corporate and real

and gas industry’s value chains, specialising in shipping and maritime matters. Additionally, Caio has gained experience in the Information and Communication Technologies practice for a full year.

estate. João Saiago’s expertise also extends to a range of legal issues, namely the shipping industry, including the bunkering sector and maritime litigation. Before joining the firm, he worked as a paralegal at JM Advogados and DB Advogados, where he perfected both his practice and his knowledge in the areas of employment law, litigation and corporate law.

VdA (with ASP Advogados) Rua Dom Luís, 28 1200 151 Lisboa Portugal

Tel: +351 21 311 3400 Fax: +351 21 354 0325 Email: jmo@vda.pt Web: www.vda.pt

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The main domestic laws establishing the powers and authority of the Maritime Court are the Civil Procedure Code and Law No 29/22 of 29 August 2022 (“Law 29/22”), which establishes the prin - ciples and general rules on the organisation and functioning of Common Jurisdiction Courts. Furthermore, Executive Decree No 29/95 of 7 July 1995 creates the Maritime Affairs Chamber ( Sala das Questões Marítimas ), a first-instance special-jurisdiction court with authority over admiralty and maritime claims. The jurisdiction of this chamber is determined by Law 29/22 and Executive Decree No 26/97 of 6 June 1997 (“Executive Decree 26/97”), and includes all mat - ters related to admiralty and shipping law. The rulings provided by the Maritime Affairs Cham - ber may be appealed to the Court of Appeals. Experience demonstrates that the most com - mon maritime and shipping claims filed with the Maritime Court relate to collisions and disputes concerning cargo and maritime claims (ship arrests). 1.2 Port State Control The National Maritime Agency ( Agência Marítima Nacional , or NMA) is responsible for exercising port state control over all ships, vessels, plat - forms and seagoing craft calling at, or anchored in, a national port or temporarily deployed at sea in Angolan territorial waters. Under its port state responsibilities, the NMA holds the authority to inspect all vessels operating in Angola and to assess fines for infringements detected.

In this regard, it is worth mentioning that Ango - la is a member of the International Maritime Organization (IMO), having ratified a number of fundamental resolutions on international ship standards and port state control. Angola is also a member of the Memorandum of Understand - ing on Port State Control for West and Central African Region. Moreover, Law No 27/12 of 28 August 2012 (the “Merchant Navy Law”, as amended by Law 34/22 of 13 September 2022) is the main domes - tic statute on port state control, establishing that the NMA may delegate the inspection of foreign vessels to classification societies or other recog - nised technical organisations that have entered into a statutory delegation of powers agreement with the Angolan state. The NMA is also the authority responsible for investigating and responding to any maritime casualty, such as grounding, pollution or wreck removal. In performing its duties, the NMA is assisted by local port authorities and captaincy with jurisdiction over the area in which the casu - alty took place. Pursuant to the Merchant Navy Law, environmental authorities such as the Min - istry of Environment may also be called to act in the event of (eventual) environmental damage and pollution. 1.3 Domestic Legislation Applicable to Ship Registration The key domestic pieces of legislation applica - ble to ship registration are the Merchant Navy Law, Decree-Law No 42644 and Decree No 42645, the last two both of 14 November 1959 (as amended), establishing the rules on commer - cial registry. In accordance with the Merchant Navy Law, all vessels, ships or other maritime craft are eligible for registration in Angola and fly the Angolan flag, provided that previous inspec -

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

tion and certification by the NMA is conducted and cleared, and compliance with age limitations is verified. The registration of ships in Angola is a two-tiered system, involving a flag registration with the port and maritime authorities (ie, the NMA and the port authority) and a commercial registration with the Commercial Registry. 1.4 Requirements for Ownership of Vessels The Merchant Navy Law provides that the reg - istration of ships in Angola may be obtained by any natural or legal persons that have their permanent domicile or head office in the coun - try. Under conditions of reciprocity with other countries, natural or legal persons domiciled or having their head offices abroad may also apply for registration of their ships in Angola, provided that they have a local representative in the country. However, the registration of ships engaged in specific activities (eg, cabotage) may be subject to more stringent requirements. Ves - sels under construction may also be registered, even though their registration will remain pro - visional until completion of the relevant works and carrying out of the applicable inspections and clearances. 1.5 Temporary Registration of Vessels Article 35 of the Merchant Navy Law provides that temporary registration of a vessel is allowed for Angolan ship-owners who have a bareboat charter in a foreign vessel. Based on this stat - ute, dual registration is (theoretically) possible for vessels under a bareboat charter and for the

interests (including mortgages) in respect of, or related to, vessels sailing under the Angolan flag is subject to mandatory registration with the Commercial Registry and the Central Security Registry. On the basis of the foregoing, mortgages over vessels registered (or to be registered) in Angola and sailing (or to be sailing) under the Angolan flag must always be governed by the laws of Angola and registered in Angola as a condition of their effectiveness and enforceability against third parties ( erga omnes ). Notary Deeds Prior to – and as a condition for – registration, mortgages encumbering Angolan vessels must be executed by means of a notary deed before a local notary public or a consular office. The documents required for the execution of the notary deed include: • a commercial registry certificate or equivalent document of the borrower; • a power of attorney issued to the benefit of the representative(s) of the lender attending and signing the notary deed, on the assump - tion that the lender is not going to be rep - resented by any of its legal representatives/ directors; • a power of attorney issued to the benefit of the representative(s) of the borrower attend - ing and signing the notary deed, on the assumption that the borrower is not going to be represented at the notary deed by any of its legal representatives/directors; • identification documents of the representa - tives of the parties signing the notary deed; • certified copies of the loan agreements and/ or resolution issued by the relevant corporate body of the lender approving the loans and the underlying terms and conditions of the

duration of the relevant charterparty. 1.6 Registration of Mortgages

The creation of rights in rem (including posses - sion, ownership and security) or of any security

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

mortgage, notably the amount of principal plus the amount equivalent to five years of interest; • a copy of the minutes of the resolution passed by the relevant corporate body of the borrower approving the granting of the mortgages to the benefit of the lender and the underlying terms and conditions, notably the amount of the principal plus the amount cor - responding to five years’ interest; and • certificates of ownership of the vessels issued by the NMA and the Commercial Registry Office. All documents executed or issued outside Ango - la must be previously legalised before the Min - istry of Foreign Affairs (or equivalent), translated into Portuguese and then consularised before the Angolan consulate with jurisdiction over the country where the said documents were issued, as a precondition for being deemed valid, acceptable and enforceable in Angola (Angola is not a party to the Hague Convention of 5 Octo - ber 1961 Abolishing the Requirement of Legali - sation for Foreign Public Documents). Registration With the Commercial Registry Office Once executed, the notary deed must be regis - tered with the Commercial Registry Office. In this respect, the following must be stressed: • Registration with the Commercial Regis - try Office is a condition precedent for the effectiveness of mortgages; in other words, pending said registration, mortgages remain ineffective, even inter partes, for all legal purposes. • Mortgages registered with the Commercial Registry Office remain valid and enforceable for an indefinite period of time, unless:

(a) the obligation secured is extinguished by performance; (b) the mortgaged assets (vessel) are trans - ferred to a third party (in which case, termination of the mortgage will occur 20 years after registration of the transfer of title and five years after the final maturity of the secured obligation); or (c) cancellation is authorised by the mortga - gee. • The ranking of security interests or privileges over ships is linked to the order by which said interests or privileges were registered ( prior in tempore, potior in iure ). Registrations with the Commercial Registry Office are made by means of: • the filing of an official form; and • submission of the relevant supporting docu - ments, including a certified copy of the notary deed. In addition to this, constitutional documents (deeds, commercial extracts or equivalent docu - ments) of both the mortgagor and mortgagee are usually required by the registrar, although such disclosure is not legally grounded. Registrations before the Commercial Registry Office may be requested by a legal representa - tive or duly appointed attorney of the mortgagor or the mortgagee, within 90 days of the execu - tion of the notary deed. Failure to file the relevant application within that period may lead to the application of fines, although such fines do not undermine the validity of the registration. It is worth mentioning that the law sets forth the possibility of securing a provisional registration of a mortgage over a ship before execution of the notary deed. To that end, the mortgagor

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

must file an application with the Commercial Registry Office authorising registration of a mort - gage over a given ship in favour of the mortga - gee. This (provisional) registration is valid for a term of three months, which is renewable. The priority of the prospective mortgage over other security interests, once the definitive mortgage is created, is ensured by provisional registration, which protects a mortgagee against concurrent mortgagees and allows the execution of a mort - gage without the pressure of priority being given in the register to another mortgage, even where created later on. Upon registration with the Commercial Regis - try Office, the mortgages must be endorsed in the passports of the vessel(s) (deeds, ownership certificate issued by the NMA). Such endorse - ment is made for publicity purposes – ie, it is not a condition of the effectiveness/validity of the underlying mortgage or of its enforcement. In accordance with Law No 11/2021 of 7 April 2021 (“Law 11/2021”) and Presidential Decree No 114/21 of 29 April 2021 (“Presidential Decree 114/21”), which establish the legal framework for the use of movable assets as security for the discharge of obligations and create the Central Security Registry, respectively, the information on mortgages over vessels, as well as the reg - istration of all ship-related securities, is central - ised and maintained on the online platform of the Central Security Registry. 1.7 Ship Ownership and Mortgages Registry The registry of ownership of a vessel is, in theory, public. Any individual may approach the NMA or the Commercial Registry Office in order to obtain information on the ownership of a vessel. Moreover, pursuant to Law 11/2021 and Presi - dential Decree 114/21, the mortgage registry is

available to the public and may be consulted by any person upon submission of a consulta - tion request to the Central Security Registry. The consultation request must be submitted in accordance with the form made available on the online platform. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal The following international conventions and domestic laws are enforceable in Angola. Pollution • The 1969 International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, as amended in 1973 and 1991. • The 1973 International Convention for the Prevention of Pollution from Ships and Annexes I/II, III, IV and V. • The 1990 International Convention on Oil Pollution Preparedness, Response and Co- operation. • The 1992 Protocol to amend the 1969 Inter - national Convention on Civil Liability for Oil Pollution Damage. • The 1992 Protocol to amend the Interna - tional Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. • The 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea. • The 1996 Protocol to amend the 1972 Con - vention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, which regulates environmental protection.

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ANGOLA Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Caio de Mello Ferreira and João Saiago Canjeque, VdA

In terms of domestic laws, the Merchant Navy Law, Law No 5/98 of 19 June 1998 (the “Environ - mental Law”) and its ancillary regulations, and related statutes must also be taken into account. Wreck Removals Wreck removals are governed and dealt with in light of domestic law, namely the Merchant Navy Law, the Environmental Law and ancillary stat - utes and regulations, as Angola is not a signa - tory of the Nairobi International Convention on the Removal of Wrecks of 2007. 2.2 International Conventions: Collision and Salvage The following international conventions and domestic laws are enforceable in Angola. Collision • The 1910 Convention for the Unification of Certain Rules of Law with respect to Colli - sions between Vessels. • The 1952 International Convention for the Unification of Certain Rules concerning Civil Jurisdiction in Matters of Collision. • The 1952 International Convention for the Unification of Certain Rules relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation. • The 1972 International Regulations for Preventing Collisions at Sea, as amended in 1981. Collision events are also governed by domestic law, notably Article 73 et seq of the Merchant Navy Law and Article 664 et seq of the Com - mercial Code. Salvage Salvage is governed by the International Con - vention on Maritime Search and Rescue and, on a domestic level, by the provisions of the

Merchant Navy Law (Article 81 et seq), the Sea Search and Rescue System Regulation (Presi - dential Decree No 89/16 of 21 April of 2016) and the Commercial Code (Article 676 et seq). 2.3 1976 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Maritime Claims has not been ratified by Angola. However, Angola is a signatory of the 1924 Inter - national Convention for the Unification of Certain Rules relating to the Limitation of the Liability of Owners of Sea-Going Vessels and the 1957 International Convention relating to the Limi - tation of the Liability of Owners of Sea-Going Ships (the “1957 Convention”). Under domestic law, the provisions of the Mer - chant Navy Law and the Commercial Code are worth noting in this regard. For instance, where collision was caused due to fault or wilful mis - conduct of the crew, damages will be calculat - ed 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. 2.4 Procedure and Requirements for Establishing a Limitation Fund Pursuant to the 1957 Convention, the ship-own - er or another entitled person can limit its liability by establishing a limitation fund. The limitation fund can be established in any way admitted in the law and is dependent on the filing of an application before the competent court. The application must identify: • the occurrence and damages; • the amount of the limitation fund;

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