Shipping 2025

MOZAMBIQUE Law and Practice Contributed by: José Miguel Oliveira, Sara Alves Lourenço, Kenny Laisse and Caio de Mello Ferreira, VdA

Unification of Certain Rules relating to the Limi - tation of the Liability of Owners of Sea-Going Vessels and the 1957 International Convention relating to the Limitation of the Liability of Own - ers of Sea-Going Ships (the “1957 Convention”). Under domestic law, it is worth noting the pro - visions of the Commercial Code in this regard. For instance, where collision was caused due to fault or wilful misconduct of the crew, damages will be calculated and shared between the own - ers 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 other 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 applica - tion before the competent court. The application must identify: • the occurrence and damages; • the amount of the limitation fund; • how the fund will be established; • the amount of the reserve; and • the known creditors and the amount of their claims. The application must be filed along with the ves - sel’s documents (eg, a tonnage certificate) sup - porting the calculation of the amount of the fund. The calculation of the limitation fund shall be in accordance with Article 3 of the 1957 Conven - tion.

To the best of the authors’ knowledge, limitation funds have not been established in Mozambique. The authors believe that courts would most likely insist on a cash deposit or local bank letter of guarantee. 2.5 Seafarers’ Safety and Owners’ Liability Mozambique is a State-Party to the Maritime Labour Convention as of the date of its ratifi - cation on 25 May 2021. In accordance with Standard A4.5 (2) and (10), the Mozambican government has recognised through Decree No 50/2014 of 21 December 2014 – also known as the Maritime Work Regulation – and Decree No 51/2017 of 9 October 2017 (as amended by Decree No 56/2024) – known as the Mandatory Social Security Regulation – that seafarers ben - efit from the following protections: • sickness benefit (Article 16 (1) (f) and (g) and Articles 41 to 44 of the Maritime Work Regu - lation); • old-age benefit (Article 65 (d) of the Maritime Work Regulation and Article 29 of the Manda - tory Social Security Regulation); • maternity benefit (Articles 27 and 28 of the Mandatory Social Security Regulation); and • invalidity benefit and survivors’ benefit (Arti - cles 36 to 39 of the Mandatory Social Secu - rity Regulation).

3. Cargo Claims 3.1 Bills of Lading

The provisions of the 1924 International Conven - tion for the Unification of Certain Rules of Law relating to Bills of Lading (the “Hague Rules”) are applicable in Mozambique. Mozambique is not a signatory of the Hague–Visby Rules, the Hamburg Rules or the Rotterdam Rules.

380 CHAMBERS.COM