COLOMBIA Law and Practice Contributed by: Javier Franco, Franco & Abogados Asociados
2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Colombia is a party to both the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the Oil Pollution Fund (FUND) Convention, in their 1992 amended versions. Thus, events of pollution arising out of accidents involving oil tankers transporting crude oil are to be dealt with mainly in the application of these international conventions. However, the coun - try is also a party to the International Conven - tion for the Prevention of Pollution from Ships, 1973 (MARPOL), so these parameters are usu - ally available if an operational pollution incident occurs in Colombian waters. With regard to wreck removal, the country has not yet ratified the Nairobi Convention and there are no domestic provisions in force that specifi - cally address the subject. 2.2 International Conventions: Collision and Salvage As per Article 1473 of the Colombian Commer - cial Code, the armador is the person who sends a vessel to sea at their own expense and under their own name and risk, regardless of whether or not they are the registered owner of the ves - sel. Furthermore, Article 1478 establishes that the armador is to be held responsible (from a civil perspective) for the faults incurred by the captain, pilot and the crew. However, Article 1481 of the Colombian Com - mercial Code clarifies that, in most cases, the armador could limit their liability, whether or not they are the owner of the vessel, to the value of the vessel, her accessories and freight.
tion of provisional registry will be valid for just six months. As per Article 10 of Law 2133 of 2021, dual registration is permitted (using the so-called provisional registration) only while pro - cedures for cancellation of the original flag in a different state are carried out and the respective certificate of cancellation is provided. 1.6 Registration of Mortgages The registration of mortgages on vessels is dealt with in Colombia by the DIMAR. As per Article 3 of Decision 487 of 2000 of the Andean Community of Nations, such a mortgage is to be created by means of a public deed and is to be registered in the respective ship registry in order to enable the effects contemplated in the international instrument. Article 5 of Decision 487 expressly provides details of what the public deed should contain for this purpose (the basic data of the creditor and the debtor, details about the amount of the debt that is to be guaranteed with the mortgage, etc). Moreover, Articles 27 et seq of Law 2133 of 2021 refer to mortgages of vessels. Specifically, Article 28 of this local provision clarifies that mortgages of vessels of 500 gross tons will be dealt with in accordance with what is provided in Decision 487 of 2000, whereas the rest would be treated in accordance with the Commercial Code. 1.7 Ship Ownership and Mortgages Registry The DIMAR could issue a (previously requested) certificate of ownership ( certificado de tradición y libertad ) of any vessel entered in the Colombian flag register, in which a mortgage that has been established on the vessel would be evidenced.
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