The Maritime Law pursuant to Oman Sultani Decree 35/1981 (the “Maritime Law”) is the main source of law for matters relating to shipping and maritime in Oman. It is anticipated that a new maritime law shall be issued next year which may, among other matters, include updated provisions relating to vessel registration, vessel management and the arrest of vessels in case of abandonment. Until such time as a new maritime law is effective, some key aspects of the Maritime Law are as follows:
Nationality of a vessel
A vessel shall acquire the nationality of Oman if it is owned by an Omani national or an Omani company, in accordance with Omani laws.[1] Vessels adrift at sea that are picked up by Omani vessels, as well as vessels which are confiscated for violating Omani laws, shall also be deemed to have Omani nationality.[2] Vessels with Omani nationality are required to be registered in Oman, fly the Omani flag and adopt a name pre‐approved by the competent maritime authority. Particulars such as the name of the vessel, the number and port of registration and the net tonnage must also be written in Arabic together with Latin characters in specified places on the vessel.Port authorities
The Omani port authorities carry out all of the inspections of a vessel, for example, ports regulate the arrival and departure of vessels as well as pilotage and towage together with berthing and the shifting of vessels.Ports are also concerned as to safety and conduct of berthing and will ensure that adequate fire and safety precautions are taken. The port authorities also regulate port operations including licensing and permitting, communications and the handling, storage and delivery of cargo. The port authorities aim to ensure the prevention of accidents and ensure general safety within its ports.
The Maritime Inspection Department of the Ministry of Transport and Communication may carry out inspections in relation to Omani national vessels wherever they are located, and on foreign vessels at the ports or passing through Omani territorial waters.[3] In respect of national vessels, inspections will include verification that the ship is registered, that it has the documents required under the Maritime Law on board, and that compulsory conditions under the Maritime Law are complied with.
Inspectors of foreign vessels must be able to verify that the conditions laid down in international agreements relating to safety at sea and shipping lanes are being complied with.
The head of the competent maritime authority or his deputy may prevent a vessel from sailing if it has not passed its applicable inspections conducted pursuant to Article 28 of the Maritime Law.
Removal of a wreck
In jurisdictions with a developed maritime legal system, a central authority is usually responsible for arranging the removal of wrecks in territorial waters. A central authority either has the power to order the removal of a wreck by a vessel owner or to remove the wreck itself and recover the cost of doing so from the vessel owner.The applicable port authority shall have the right to seise the wreck of a ship by way of security for the costs of removing the wreck.[4] It may sell the wreck administratively by public auction and recover the debt due from the proceeds and in that regard it shall have priority over other creditors. The balance of the proceeds shall be retained in its treasury department for distribution to such creditors, if any.
Vessel operator’s responsibilities
The Maritime Law contains detailed provisions relating to the crew and the regulation of marine employment. The operator of a vessel is obliged to pay wages in full, despite injury or sickness on the voyage, though certain exceptions apply. The operator, during the period of the voyage, is obliged to feed and accommodate the crew of a vessel without requiring payment from them and in addition the operator is bound to provide medical treatment free of charge to a crew member if he is injured in the service of the vessel or falls ill during a voyage.The Maritime Law sets out detailed provisions relating to the powers and responsibilities of the master (otherwise referred as commander of the vessel). Among these, the master has the following powers:
- Command of the vessel;
- Maintain order;
- Right to impose disciplinary penalties; and
- Act on behalf of and represent the operator.
- To observe the technical principles of maritime navigation, agreements, maritime custom and provisions in effect at the Omani ports where the vessel is located;
- To arrange the manning of the vessel, conclude the necessary contracts and take beneficial measures for the voyage;
- To carry out the investigation of crimes committed on board the vessel and, if necessary, to order the arrest of the accused, conduct searches and take the necessary measures to prove the crime;
- To carry out the instructions of the operator and keep him notified on matters relating to the vessel or the cargo;
- To maintain on board the vessel documents required by law; and
- To take necessary steps to protect the interests of the owner, operator, crew and passengers. Further to the provisions above, our June 2018 article “Arresting a Vessel in Oman” sets out the key steps to arresting a vessel in Oman.
The master’s responsibilities include the following:
[2] Article 11 of the Maritime Law
[3] Article 28 of the Maritime Law
[4] Article 170 of the Maritime Law
