Shipping 2025

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.

CHAMBERS.COM