COLOMBIA Law and Practice Contributed by: Javier Franco, Franco & Abogados Asociados
ments (specifically the US government) regard - ing information exchange. Local companies and individuals have been included in certain restric - tive lists whenever links are found between the company (and/or its partners, directives, board members, etc) and illegal activities (particularly money laundering). 8.4 International Conflict(s) There are no specific domestic provisions deal - ing with this situation. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues It is important to note that Colombian law on maritime subjects has usually been diffuse, and that it is very old-fashioned in various respects. In light of this, the national maritime authority, the DIMAR, has been working on preparing a Draft Maritime Code in recent years, which is now in its sixth version.
Some key features of the Draft Maritime Code in its current version are as follows: • the Draft purports to unite the majority of regulations applicable to “maritime activities” into just one body of law; • key “maritime law principles” are expressly contained therein; • some provisions of the international conven - tions are replicated/incorporated into the text of the Draft; • offshore activities are regulated to a certain extent, including the liability of the operator of the platform; • limitation of liability of the ship-owner follows the parameters of the 1976 LLMC Conven - tion (adopting the 1996 Protocol’s increased limits); • the Draft adopts the fundamental logic of the Hague-Visby regime regarding the liability of the maritime carrier of goods; and • basic regulations applicable to procedures in cases of maritime accidents are clarified.
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