UAE Law and Practice Contributed by: Abdelhak Attalah and Ghassan Hidar, Attalah Legal Consultancy
of internationally ratified agreements and national laws, establishing guidelines for such exemptions. Regarding marine casualties, including seafarer fatalities, grounding, pollution or wreck remov - al, the Ministry, through the port authorities, is responsible for co-ordinating the necessary actions in line with international treaties and local legislation. It exercises regulatory oversight and may act in response to marine casualties to ensure compliance with safety and environmen - tal protocols. 1.3 Domestic Legislation Applicable to Ship Registration The key pieces of domestic legislation govern - ing ship registration in the UAE are Articles 7 to 21 of the ML. These Articles establish the requirements for registering a vessel in the ship register. The authority responsible for managing the registration process is the Ship Registration Administration, which operates under the Min - istry of Energy and Infrastructure. Articles 9, 10 and 11 address the registration process for vessels under construction, spe - cifically through the registration of the relevant shipbuilding contract. Article 9(1) stipulates that the specifications for a new building vessel must be approved by the Ministry. The Ministry will then establish a special register, known as the “under construction ships register”, where ship - building contracts are to be recorded pursuant to Article 9(3). Notably, under Article 9(4), it is the shipbuilder, rather than the “shipbuilding seeker” (buyer), who is responsible for registering the shipbuilding contract in this register. Articles 10 and 11 briefly touch on the transfer of title, payment terms and guarantees for defects. These are generally considered commercial mat -
ters and are expected to be addressed within the shipbuilding contract itself. Article 12(3) grants the Cabinet the authority to confer UAE nationality on a vessel owned by a legal entity, provided the entity is established under an international agreement between shareholders from different jurisdictions, includ - ing the UAE. 1.4 Requirements for Ownership of Vessels To be registered in the ship register, a vessel must meet five key conditions outlined in Article 13 of the ML. These conditions are as follows: • intended use – the ship must be intended for navigation in UAE waters, coastal navigation between UAE ports or on the high seas; • ownership requirements – the majority of the ship’s shares must be owned by natural or legal persons who are either nationals of the UAE or another Gulf Cooperation Council (GCC) country, or by individuals or entities that have a domicile, business centre or ship management office in the UAE; • age limit – the ship must not be older than 20 years, measured from the completion of its construction, with the exception of passenger ships, which must not be more than ten years old; • approved specifications – the ship’s drawings and specifications must be approved by the Ministry of Energy and Infrastructure or its authorised representative upon inspection; and • valid certifications – the ship must hold valid international certifications verifying its suit - ability for maritime navigation, issued by a classification society authorised or recog - nised by the Ministry.
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