Embedded Files
Sudanese Maritime Transport Act of 2010
Chapter One:
Preliminary Provisions
Name of the Law
Article 1: This law shall be cited as "The Maritime Transport Act of 2010"
Repeal and Exception
Article 2:
(1) The following laws are hereby repealed:
(a) The Carriage of Goods by Sea Act of 1951
(b) The Maritime Law of 1961
(2) All regulations and procedures issued under the laws mentioned in subsection (1) shall remain in force until they are repealed or amended in accordance with the provisions of this law.
Application and Exception
Article 3: The provisions of this law shall apply to all types and means of maritime transport, except for warships.
Applicable Provisions in Absence of Text
Article 4: In matters not provided for in this law, the following shall apply:
(a) Relevant provisions of any other law in force
(b) Provisions of international and regional agreements ratified by Sudan
(c) Principles established by Sudanese court judgments
(d) Applicable maritime customs
Interpretation
Article 5: In this law, unless the context otherwise requires,..
..."Seafarer" means any person who is bound by a contract of employment on a ship and holds a seaman's book. The master is considered a seafarer in relation to the contract of employment concluded between them and the ship-owner.
"Environment" means the biosphere and the interactions that occur within it, including living organisms, the materials they contain, the surrounding air, water, and soil, as well as the structures built by humans, and the industrial developments, and cultural, social or spiritual innovations created by them.
"Pollution of the Environment" means any act, omission, or negligence that directly or indirectly alters the characteristics of the environment, and causing harm to living or non-living organisms, structures, or affecting human's natural life.
"Wreck" means any ship or part of a ship that has sunk, stranded, or been abandoned, or any machinery, goods, cargo, or valuable items on board that have been lost, fallen, or jettisoned from any ship, with no hope of recovery.
"Ship" means any self-propelled structure capable of navigation, operating or prepared to operate in maritime navigation, whether used for commercial or non-commercial purposes or for passenger transport. The ship's necessary appendages for its operation are considered part of it and subject to the same rules.
"Sudanese Ship" means any ship registered in a Sudanese port and flying the Sudanese flag.
"Coastal Trading Ship" means any ship designed and built to navigate between one port and another along the Sudanese coast, within a maximum distance of 20 nautical miles from the coast.
"High-Seas navigating Ship" means any ship designed and built to navigate the high seas and oceans.
"Competent Authority" means the Maritime Commercial Authority or any other authority acting in its place.
"Port Authority" means the authority responsible for managing seaports, as designated by the Competent Authority.
"Ship's Crew" means the master, officers, engineers, doctors, administrators, deckhands, engine room workers, and service providers on board the ship.
"Ship Charter Party" means a contract whereby the owner undertakes to put the ship or part of it at the disposal of the charterer for a specified period or for a voyage or voyages in return for hire.
"Maritime Labour Contract" means a contract whereby a person undertakes to work on board a ship in return for wages paid by the shipowner.
"Maritime Transport Contract" means a contract whereby a carrier undertakes to transport goods or persons by sea in return for freight or free of charge.
"Shipowner" means any person who operates a ship for their own account, whether as owner or charterer.
"Marine Craft" means barges, boats, tugs, service launches, pilot boats, fishing boats, yachts, rafts, floating docks, and similar vessels.
"Marine Surveyor" means a person licensed to conduct maritime surveys of ships, cargo, and port facilities in accordance with Article 76.
"Port" includes internal and external ports and harbors designated by the competent authority.
"Carrier" means the shipowner who contracts with the shipper to transport goods for freight or free of charge.
"Protection and Indemnity Club" means any association or federation of shipowners or charterers that provides mutual or non-mutual insurance coverage for shipowners' or charterers' liability towards third parties.
"Extraordinary Expenses" means additional costs or expenditures incurred to mitigate risks associated with general average losses.
"Ship Classification Society" means an organization that supervises technical and quality standards by applying international principles and rules for ship construction, modification, maintenance, and issues certificates and reports accordingly.
"Maritime Agent" means a person licensed to lawfully engage in maritime agency activities.
"Ministry" means the ministry responsible for maritime affairs.
"Minister" means the minister designated by the President.
Chapter Two: Maritime Supervision and Inspection
Article 6:
(1) The competent authority shall supervise, control, and inspect the maritime activities of commercial ships, in accordance with the powers granted to it under the provisions of this law and international and regional agreements ratified by Sudan.
(2) Notwithstanding the provisions of subsection (1), the Minister may establish maritime inspection offices in any Sudanese port by a decision, provided that such offices shall be subject to the supervision of the competent authority.
Chapter Three: The Ship
Name of a Sudanese Ship
Article 7: Every Sudanese ship must have a name approved by the competent authority. No alteration shall be made to the name of the ship except with the prior written approval of the competent authority.
Nationality of the Ship
Article 8:
(1) A ship acquires Sudanese nationality in any of the following cases:
(a) If it is registered in a Sudanese port and its owner is a Sudanese national.
(b) If it is owned by several persons in common, and the majority of its owners are Sudanese nationals.
(c) If it is owned by a limited liability company or the company owns part of it, provided that all shareholders are Sudanese nationals.
(2) Notwithstanding the provisions of subsection (1), the Minister may grant Sudanese nationality to a ship owned by a company with non-Sudanese shareholders, provided that the company's headquarters are located in Sudan and it is registered in a Sudanese port after fulfilling all the procedures and requirements set out in this law.
Flying the Sudanese Flag
Article 9:
(1) Every Sudanese ship must fly the Sudanese flag.
(2) Notwithstanding the provisions of subsection (1), a Sudanese ship may fly a flag other than the Sudanese flag in cases of necessity as provided for in international maritime conventions.
(3) The owner of a Sudanese ship must write:
(a) The name of the ship in both Arabic and English letters in a conspicuous place on both sides of the ship's bow.
(b) The name and IMO number of the ship and the port of registration on its stern.
(c) The name of the ship, its registration number, IMO number, gross tonnage, and net registered tonnage in both Arabic and English letters in a conspicuous place on one of the main beams in the wheelhouse.
The letters and numbers mentioned in subsection (3) shall not be erased, obscured, or covered, except to protect the ship from capture or military targeting.
Prohibition of Flying the Flag without Registration
Article 10:
(1) No ship shall sail under the Sudanese flag unless it is registered in accordance with the provisions of this law.
(2) Notwithstanding the provisions of subsection (1), the head of the diplomatic mission or his authorized representative, in the case of a ship being outside Sudan, may grant a temporary permission to fly the Sudanese flag after inspecting the ship, pending its arrival in Sudan for registration.
Chapter Four: Ship Registration and Licensing of Marine Vessels
Establishment of Ship Registration Unit and Appointment of Registrar
Article 11:
(1) A Ship Registration Unit shall be established within the structure of the competent authority.
(2) The Minister shall appoint a Registrar for the registration of Sudanese ships and all legal transactions related thereto.
Ship Registration
Article 12:
(1) The shipowner or their agent shall submit a ship registration application to the Registrar.
(2) The regulations shall specify the procedures for registration, its requirements, the particulars of the ship's specifications, supporting certificates, previous registration history, and any encumbrances or rights thereon, as well as the contents of the deposit ledger and all supporting documents and records, and the method of preserving them.
(3) Upon completion of the registration procedures, the shipowner or their agent shall be issued a Certificate of Registration, which shall include all the particulars specified in the regulations, in accordance with the provisions of subsection (2).
Licensing of Marine Craft
Article 13:
(1) The owner of any marine craft must obtain a navigation license from the competent authority, which shall be renewed annually in accordance with the principles, controls, and procedures specified in the regulations.
(2) No marine craft shall engage in maritime navigation unless it has obtained a navigation license in accordance with the provisions of subsection (1).
Chapter Five: Registration of Rights Related to the Ship and its Cancellation
Validity of Registration
Article 14: No right related to a ship that has been previously registered shall be enforceable against third parties unless it is recorded by the Registrar in the ship's registration ledger, effective from the date of such recording.
Provisional Registration
Article 15:
(1) The following shall be provisionally registered in the registration ledger:
(a) Claims for a court judgment to invalidate, revoke, modify, or cancel registered rights related to a registered ship.
(b) Claims for registration of transactions that require the transfer of ownership of a registered ship or acquisition of its ownership.
(c) Orders for the attachment or seizure of a ship.
(2) The provisional registration mentioned in subsection (1) shall not be made except with the permission of the competent court. The provisional registration shall lapse one year after its registration unless the competent court orders its renewal or cancellation.
Chapter Six: Ship Documents, Control, and Inspection
Request by an Aggrieved Party
Article 16: Any person who is harmed by a registration, modification, or cancellation made in the registration ledger may request the competent authority to cancel or modify the action taken, providing reasons for the request. If the request is not approved or the modification is not made, the aggrieved party may appeal to the competent court.
Ship Documents
Article 17:
(1) Every ship intended for navigation on the high seas must carry the following documents on board:
(a) A valid Certificate of Registry issued by the Registrar.
(b) A list of crew members, including any recent changes, certified at the last port of call.
(c) A valid Certificate of Seaworthiness.
(d) A Safe Manning Certificate.
(e) An Emergency Response Plan for preparedness and response to marine pollution.
(f) A Certificate of Insurance for civil liability arising from oil pollution and other hazardous substances, as required by the International Convention on Civil Liability for Oil Pollution Damage, 1992.
(g) A valid Certificate of Competency for each crew member, including the master.
(h) A Ship's Logbook for recording daily events.
(i) A Seaman's Book for each crew member.
(j) Any other certificates or documents required by this law, regulations, or international conventions and protocols.
(2) In addition to the documents mentioned in subsection (1), every commercial ship must carry the following documents:
(a) A sailing permit issued by the last port.
(b) A customs declaration certified by the customs authorities at the last port of call.
(c) A health certificate issued by the quarantine, agricultural, or veterinary authorities, as applicable, at the last port of call.
(3) The shipowner, charterer, or master must produce the ship's documents mentioned in subsections (1) and (2) when requested by the competent authority.
Control, Inspection, and Supervision
Article 18:
(1) The competent authority has the right to control and inspect ships to verify compliance with the documents mentioned in Article 17.
(2) Without prejudice to the provisions of subsection (1), the competent authority shall supervise, control, and inspect commercial ships in accordance with the powers granted to it under this law and international and regional conventions ratified by Sudan.
Control over Foreign Ships
Article 19: The competent authority shall exercise control over foreign ships to verify:
(a) The presence of the documents specified in Article 17.
(b) Approval from the competent authority and permission from the port authority if the ship is engaged in fishing, towing, pilotage, or coastal navigation in Sudanese waters, after obtaining approval from the relevant authorities.
(c) Compliance with safety conditions in accordance with the relevant international conventions.
(d) The presence of a fitness certificate from the competent authority in the case of goods loaded in Sudanese ports.
Control over Passenger and Livestock Carrying Ships
Article 20:
(1) Without prejudice to the provisions of Article 17, the competent authority shall:
(a) In the case of ships carrying passengers for Hajj, Umrah, or any other mass transportation, verify compliance with the specific conditions and controls for this type of transport, including payment of the legally prescribed fees.
(b) In the case of ships carrying live animals, verify compliance with the specific conditions and controls for this type of transport.
(2) The competent authority shall issue a Seaworthiness Certificate to the ship at the commencement of each voyage.
Detention of Ships for Lack of Documentation
Article 21:
(1) The competent authority may detain any ship found, upon inspection, to be lacking the documents specified in Article 17.
(2) The competent authority shall detain any ship found to be in possession of forged documents.
Certificate of Seaworthiness
Article 22: The competent authority shall issue a Certificate of Seaworthiness to a ship, upon application by the shipowner or their representative, after verifying compliance with the necessary conditions in accordance with the provisions of this law.
Conditions for Issuance of Certificate of Seaworthiness
Article 23:
(1) The competent authority shall determine the conditions for issuing a Certificate of Seaworthiness in accordance with the regulations.
(2) The competent authority shall issue a Certificate of Seaworthiness after inspecting the ship and verifying its seaworthiness and compliance with the provisions and requirements of international and regional conventions, protocols, and codes, and the provisions of this law.
(3) Notwithstanding the provisions of subsection (2), the competent authority or the Sudanese embassy or its representative abroad, as the case may be, may issue a temporary Certificate of Seaworthiness in cases of necessity that require the ship to complete its voyage.
Expiration of Certificate of Seaworthiness
Article 24:
(1) The Certificate of Seaworthiness shall expire in any of the following cases:
(a) If the ship is involved in an accident or suffers damage that renders it unseaworthy, or
(b) If substantial changes are made to the ship.
(2) The master or owner of the ship shall notify the competent authority of any accident, damage, or substantial changes that have occurred to the ship.
(3) The competent authority shall issue a new Certificate of Seaworthiness after inspecting the ship and verifying its compliance with the necessary requirements for navigation.
Expiration of Validity of Certificate of Seaworthiness
Article 25: If the validity of the Certificate of Seaworthiness expires during a voyage, the certificate shall be deemed valid until the ship reaches the nearest Sudanese port or the first foreign port with a Sudanese embassy or its representative. In all cases, the Certificate of Seaworthiness shall not be valid for more than 30 days from the date of expiration.
Authority to Prohibit a Ship from Sailing
Article 26:
(1) The competent authority may prohibit any ship from sailing if it does not meet the safety and seaworthiness conditions specified in this law and in international and regional conventions.
(2) Orders issued to prohibit a ship from sailing or to cancel such prohibition must be reasoned, and such orders or sailing permits shall be communicated to the master, port authority, flag state, and ship classification society immediately upon issuance.
Chapter Seven: Maritime Liens on the Ship
Privileged Debts on the Ship and their Distribution
Article 27:
(1) Notwithstanding the provisions of any other law, the following debts shall be privileged debts on the ship:
(a) Court costs incurred for the preservation and sale of the ship, port fees and charges, and any other fees, compensation for damage to port facilities and docks, costs of navigation channels and removal of navigation obstructions caused by the ship, and guarding costs.
(b) Debts arising from the employment contract of the master and crew, and freight charges due on all voyages made during one year of employment.
(c) Rewards due for assistance and salvage, and the ship's share in general average.
(d) Compensation due for collision and other maritime accidents, personal injury to passengers and crew, and loss or damage to goods, containers, and luggage.
(e) Debts arising from contracts concluded by the master and transactions carried out outside the ship's port of registry within the limits of the master's legal authority to meet actual needs for the ship's maintenance or continuation of the voyage, whether the debt is due to the master, suppliers, lenders, or persons who have repaired the ship or other contractors.
(f) Compensation for loss and damage to charterers of the ship.
(2) The proceeds of the sale shall be distributed in proportion to each claim's amount according to the order specified in the regulations
(3) The privileged debts specified in subsection (1) shall be secured on the ship, its freight, and its accessories related to the voyage during which the debt arose.
Accessories of Ship's Debts
Article 28: The following shall be considered accessories to the ship's debts and freight mentioned in Article 27:
(a) Compensation due to the owner for material damage to the ship that has not been repaired or for loss of freight.
(b) Compensation due to the owner for general average losses if material damage has occurred to the ship and has not been repaired or for loss of freight.
(c) The reward due to the owner for assistance or salvage operations that occurred until the end of the voyage, after deducting amounts due to the master and crew.
Insurance Compensation and State Assistance
Article 29: Compensation due to the owner under insurance contracts or state assistance shall not be considered accessories to the ship's debts and freight.
Duration of Maritime Lien
Article 30: The privileged debt on the ship, its freight, and accessories shall remain in effect as long as the freight is due or in the possession of the master or the owner's representative.
Ranking of Privileged Debts according to Voyages
Article 31:
(1) Privileged debts arising from a voyage shall take precedence over privileged debts arising from a subsequent voyage.
(2) Without prejudice to the provisions of subsection (1), debts arising from a single employment contract covering multiple voyages shall rank equally with the debts of the last voyage.
Transfer of Privileged Debts with Ownership of the Ship
Article 32: Privileged debts shall follow the ship when its ownership is transferred.
Extinguishment of Maritime Lien
Article 33: The maritime lien shall be extinguished upon judicial sale of the ship, provided that the following conditions are met:
(a) The sale contract is registered in the ship's register.
(b) The sale is published on the notice board at the ship's registry office and in other widely circulated publications, twice, with an interval of eight days between the two publications, including details of the sale, price, buyer's name, and domicile.
Transfer of Maritime Lien to the Proceeds
Article 34:
(1) The maritime lien shall transfer to the proceeds in the event of a judicial sale of the ship.
(2) Every privileged creditor must submit their claim within a period not exceeding 70 days from the date of the last publication of the sale in the publications.
Chapter Eight: Maritime Mortgage
Maritime Mortgage Contract
Article 35:
(1) A maritime mortgage must be in writing and shall be secured on a ship, a part of it, or several specific ships, to guarantee a specific amount.
(2) The maritime mortgage specified in subsection (1) shall apply to compensation due to the owner for material damage to the ship that has not been repaired.
(3) The maritime mortgage shall not apply to freight, rewards, or subsidies granted by the state, or insurance compensation, unless the mortgage contract explicitly provides that the creditor's right shall be satisfied from the insurance amount, subject to the insurers' written acceptance.
(4) A ship may not be mortgaged without the consent of the majority of co-owners who own more than half of the co-ownership rights in the ship at the time of the mortgage.
Registration Procedures for Maritime Mortgage
Article 36: The maritime mortgage shall be registered in the ship's register upon submission of an official copy of the mortgage contract to the ship's registry office, accompanied by a request signed by the applicant for registration, including the data specified in the regulations.
Attachment of Maritime Mortgage to the Ship
Article 37: The maritime mortgage shall follow the ship or any part of it, in whomever's possession it may be, and the mortgaged ship may not be disposed of after the mortgage has been registered in the ship's register.
Ranking of Maritime Mortgage
Article 38
(1) A maritime mortgage shall be a privileged debt and shall rank second after the privileged debts specified in Article 27(1).
(2) The ranking of debts secured by a maritime mortgage shall be determined according to the date of registration of the mortgage contract.
(3) If more than one mortgage contract is registered on a ship or a share in it, their ranking shall be determined according to the order of registration in the ship's register.
Cancellation of Maritime Mortgage from the Ship's Register
Article 39: A maritime mortgage shall be cancelled from the ship's register based on an agreement between the creditor and debtor or by a court judgment.
Mortgage of a Share in a Ship
Article 40:
(1) If the mortgage is on:
(a) A share not exceeding half of the ship, the creditor may arrest the mortgaged share and sell it.
(b) More than half of the ship, the court may, upon the creditor's request, after arresting the ship, order the sale of the entire ship.
(2) In both cases specified in subsection (1)(a) and (b), the mortgagee creditor shall notify the other co-owners of the sale, which shall be done at least 15 days before the sale, to pay the debt or take enforcement proceedings.
(3) Upon the auction being concluded, the ship shall be free of all mortgages, and the creditors' rights shall transfer to the price.
Transfer of Ownership of the Ship before Registration of Arrest
Article 41: If ownership of the mortgaged ship is transferred in whole or in part before registration of the arrest, the mortgagee creditor who has initiated enforcement proceedings against the ship shall serve the possessor of the ship with notice of the arrest and formal notification to pay the debt secured by the mortgage
New Owner's Avoidance of Arrest and Sale Proceedings
Article 42:
(1) The new owner, to avoid ship arrest and sale proceedings, before the commencement of these proceedings or within 15 days following notification, shall notify the creditors registered in the ship's register, at their chosen domicile, with a summary of the ship sale contract, including its date, seller's name, sold ship's name, type, tonnage, price, expenses, and a list of registered debts with their dates, amounts, and creditors' names. The new owner shall declare their readiness to pay the debts secured by mortgages immediately, whether due or not, within the limits of the ship's price.
(2) The court shall order the release of the mortgages on the ship after the new owner deposits the value of the mortgages with the court.
Nullity of Voluntary Sale of Mortgaged Ship
Article 43: The voluntary sale of a mortgaged ship shall be null and void unless the mortgagee creditor consents to the sale in writing.
Chapter Nine:
Conservative seizure of the Ship
Article 44: The provisions of conservative seizure shall apply to ships operated by shipowners.
Article 45:
(1) A ship may only be conservatively seizured in a maritime claim by order of the competent court, without prejudice to the right of the competent authority or port authority to seizure the ship in accordance with the provisions of this law.
(2) The following are considered maritime claims:
- (a) Damage or loss caused by the operation of the ship
- (b) Death or personal injury occurring on land or at sea and directly related to the operation of the ship
- (c) Marine salvage operations
- (d) Damage caused by the ship to the environment, coastal strip, or related interests, and measures taken to prevent, reduce, or eliminate such damage and compensate for it
- (e) Costs or expenses of raising, removing, or destroying a wrecked, stranded, or sunken ship
- (f) Costs related to the maintenance of an abandoned ship and the support of its crew
- (g) Any agreement related to the use or charter of the ship
- (h) Any agreement related to the carriage of goods or passengers on the ship
- (i) General average losses
- (j) Towage or pilotage
- (k) Supplies, provisions, fuel, or equipment provided to the ship
- (l) Construction, reconstruction, repair, or conversion of the ship
- (m) Port, canal, dock, or harbor dues
- (n) Wages and amounts due to the master, officers, and crew of the ship
- (o) Payments made on behalf of the ship or its owners
- (p) Insurance premiums due from the shipowner
- (q) Commissions, brokerage, or agency fees due from the shipowner
- (r) Disputes over the ownership or possession of the ship
- (s) Disputes between co-owners of the ship regarding its use or earnings
- (t) Maritime mortgages or other similar charges on the ship
- (u) Disputes arising from a contract for the sale of the ship
Arrest Proceedings
Article 46:
(1) The court shall consider the conservative arrest proceedings urgently within 15 days from the date of issuing the temporary arrest order, pending submission of objections or provision of the guarantee referred to in Article 49.
(2) If a guarantee is provided, it may be transferred to the competent court if the court that issued the arrest is not competent to hear the case.
Arrest of the Ship Related to the Debt or Another Ship
Article 47: Any person claiming any of the debts specified in Article 45(2) shall have the right to take the necessary proceedings to arrest the ship related to the debt or any other ship owned by the debtor at the time the debt arose.
Arrest of the Ship Chartered to a Charterer
Article 48:
(1) The creditor may take the necessary proceedings to seizure the ship if it is chartered to a charterer who is responsible for a maritime debt related to it, or any other ship owned by the charterer.
(2) The provisions of subsection (1) shall apply in all cases where a person other than the shipowner is liable for a maritime debt related to the ship.
Release of the Conservatively seizured Ship
Article 49:
(1) Subject to the provisions of the Civil Procedure Act of 1983, the court may order the release of the ship from arrest if one of the following guarantees is provided:
(a) Deposit of the guarantee amount in cash or a certified bank check with the court treasury,
(b) A valid bank guarantee letter valied until the completion of the execution stage,
(c) Provision of a guarantee from the Protection and Indemnity Club for the arrested ship,
(d) Any other guarantee approved by the seizure applicant.
(2) Notwithstanding the provisions of subsection (1), the court may order the release of the conservatively arrested ship and authorize the possessor of the ship to operate it, if the arrest was due to the maritime debts specified in paragraphs (r) and (s) of Article 45(2), and a sufficient guarantee was provided or the ship's management was organized during the arrest period in the manner specified in the authorization.
Chapter Ten:
The Ship Arrest in Execution
Notification of the Debtor of the Executional Arrest and its Place
Article 50:
(1) The executional arrest on the ship may not be imposed except after notification of the debtor, and the notification and imposition of the arrest may be done in one procedure.
(2) The notification must be delivered to the shipowner at his place of residence in accordance with the provisions of the Civil Procedure Act of 1983. If the matter relates to a maritime debt on the ship, the notification may be delivered to the captain or his agent.
Sale Procedures by the Court
Article 51:
(1) The Execution Court shall determine the basic price, specifications of the ship, sale conditions, and days on which the auction will be held in coordination with the competent authority.
(2) The court shall announce the sale by publication in one of the daily newspapers or by any other appropriate method and shall post the sale conditions and specifications book on the ship and at the ship registration office if it is registered in Sudan and at any other place designated by the court. The sale announcement shall include the following information:
(a) The creditor's name and original domicile and the domicile he has chosen in the court district where the ship is located,
(b) The amount required to be paid,
(c) The shipowner's name and domicile,
(d) The ship's name and description,
(e) The captain's name,
(f) The place where the ship is located,
(g) The basic price and sale conditions,
(h) The place, day, and time when the sale will begin.
(3) The sale may not be conducted except after thirty days from the date of publication.
Determination of the Price
Article 52:
(1) If a higher offer than the announced basic price is submitted at the first auction session, this offer is accepted temporarily at the first session, and a second auction session is scheduled after seven days. The higher offer referred to is taken as the basis for the auction at the second session, at which the sale is finalized by accepting the highest offer submitted at either session.
(2) If no offer equal to the basic price is submitted on the announced sale day, the court must determine a new basic price lower than the first by an amount deemed appropriate by the court and designate the day on which the auction will be held, following the same procedures stipulated in subsection (1).
(3) The person who wins the auction must pay 20% of the price within twenty-four hours, and the remaining price and other expenses must be deposited with the court treasury within fifteen days from the date of sale; otherwise, the ship will be resold at his expense and liability.
Registration of the Auction Sale and Ship Registration
Article 53:
(1) The buyer of the ship sold at auction based on a court judgment shall register the judgment with the registrar after it gains the force of res judicata.
(2) The buyer of the ship sold at auction based on a court judgment may either register the sold ship in his name according to the procedures stipulated in this law or obtain a certificate from the registrar to cancel the previous registration of the sold ship to enable him to register it anew.
Effect of the Auction Sale
Article 54:
(1) The sale of the ship at auction based on a court judgment entails the following:
(a) Termination of the ship's crew service contracts,
(b) Discharge of the ship from all privileges, mortgages, debts, and any other rights registered on the ship,
(c) Registration of the ship with the registrar according to the procedures stipulated in this law or notation in the register of the transfer of ownership to the buyer.
(2) The buyer of the ship has the right, after submitting the auction sale judgment based on a court judgment, to request the cancellation of the registration of privileges, mortgages, debts, and any other right from the ship's register at the registration domicile.
(3) The rights of the ship's creditors that were sold at auction based on a court judgment are transferred to the price for which it was sold ¹ ².
Chapter Eleven: Maritime Navigation Personnel, Duties, and Entitlements
Duties of the Captain
Article 55:
The captain shall be responsible for commanding the ship and managing the maritime voyage, and shall be represented by the next officer in rank in case of necessity. Without prejudice to the generality of the foregoing, the captain shall:
(a) Adhere to technical principles of maritime navigation, international conventions, maritime customs, and regulations applicable in Sudanese ports when commanding the ship and managing the maritime voyage,
(b) Collect necessary evidence and investigations that cannot be delayed when a crime occurs on board the ship in accordance with relevant laws,
(c) Prepare a report to the port authority within twenty-four hours of arrival if an unusual incident occurs during the voyage related to the ship, cargo, or persons on board,
(d) Make necessary arrangements to ensure medical care is provided if there is no doctor among the contracted crew,
(e) Preserve the Sudanese flag in peace and war in accordance with this law.
The Captain as Agent of the Shipowner
Article 56:
The captain shall act as agent of the shipowner in places where the latter is absent, represent them before the judiciary, and exercise all powers granted by law towards those with an interest in the ship or cargo.
Maritime Book
Article 57:
(1) No Sudanese sailor may work on Sudanese ships sailing outside Sudanese territorial waters without obtaining a maritime book from the competent authority.
(2) Regulations shall specify conditions for granting the maritime book referred to in subsection (1).
License to Work or Train on the Ship
Article 58:
No sailor may work or train on the ship without obtaining a license from the competent authority.
Work of Foreign Sailors
Article 59:
(1) No foreign sailor may work on a Sudanese ship engaged in coastal navigation, towing, or pilotage in Sudanese ports without obtaining approval from the competent authority.
(2) The number of foreign sailors on Sudanese ships engaged in high seas navigation shall not exceed the percentage determined by the competent authority as circumstances require.
Compensation for Sailors in Certain Cases
Article 60:
Without prejudice to the sailor's right to claim other compensation from the shipowner, the sailor shall be entitled to compensation equal to two months' salary in any of the following cases:
(a) Abandonment, abandonment, or transfer of ownership of the ship,
(b) Loss of personal belongings in case of shipwreck.
Entitlement of Sailors Appointed for the Voyage in Case of Force Majeure
Article 61:
A sailor appointed for the voyage shall be entitled to wages for days actually spent in service if force majeure prevents the voyage from starting or continuing, and shall not be entitled to claim any other reward or compensation.
Rights of Sailors During Work
Article 62:
(1) The shipowner shall provide accommodation, food, medical treatment, and transportation free of charge during the sailor's work.
(2) The shipowner shall take necessary measures for medical treatment without charge if the sailor is injured or falls ill during duty, unless the injury or illness results from disobedience, intoxication, or drug use.
(3) The sailor shall be entitled to full wages during the voyage if injured or ill.
(4) The shipowner shall compensate the sailor if the injury or illness results in total or partial disability.
(5) The sailor shall not be entitled to compensation if the injury or illness results from disobedience, intoxication, or drug use.
Repatriation of Sailors
Article 63:
(1) The shipowner shall repatriate the sailor at their expense if they pose a threat to the ship, cargo, or crew.
(2) If the sailor is dismissed during the voyage without cause and the ship is in a foreign port, the shipowner shall bear repatriation expenses and pay wages until the contract ends.
Obligations of the Shipowner towards Deceased Sailors
Article 64:
(1) The shipowner shall pay burial expenses or transportation of the body to their homeland upon request of heirs.
(2) If the sailor dies during duty and heirs cannot be contacted, the shipowner shall pay burial expenses at the first port of call.
(3) The shipowner shall deposit the sailor's wages and entitlements with the court treasury within two months of death.
Compensation for Heirs of Deceased Sailors
Article 65:
If the sailor dies defending the ship, cargo, or passengers, their heirs shall be entitled to compensation equal to three months' wages or wages for the voyage if appointed for the voyage.
Prohibition of Private Shipping
Article 66:
The captain or sailors shall not ship goods on the ship in commercial quantities without permission from the shipowner, and shall be liable for freight charges if they do so.
Chapter Twelve: Liability of the Shipowner
Equipping the Ship
Article 67:
The shipowner shall equip the ship, form the crew, and provide safety measures as specified in regulations.
Liability of the Shipowner for Errors of the Crew
Article 68:
(1) The shipowner shall be liable for errors of the crew, pilot, or others in service of the ship if they occur during or due to their work.
(2) In case of death or injury due to navigation errors, the shipowner shall be bound by diyah provisions in accordance with the Criminal Law of 1991, while retaining their right to claim compensation under other laws ¹.*
Chapter Thirteen: Maritime Labor Contract
Proof, Approval, and Preservation of Maritime Labor Contract
Article 69:
(1) The maritime labor contract shall be proven in writing or by any other means of proof.
(2) The competent authority shall approve the maritime labor contract.
(3) Maritime labor contracts of workers on board shall be kept on each ship.
(4) The maritime labor contract shall be drawn up in four original copies, one of which shall be deposited with the competent authority, and a copy shall be given to the shipowner, captain, and sailor.
(5) The Minister may, by order, exempt certain types of ships, voyages, or sailors from the provisions of this article.
Sailor's Probation Period
Article 70:
The sailor's probation period shall be three months, during which the shipowner may terminate the contract, paying the sailor's due wages and repatriation costs.
Extension of Maritime Labor Contract
Article 71:
If the maritime labor contract continues after its expiration, it shall be considered valid for an indefinite period, terminable after a one-month notice period. If the notice period expires and the ship is still at sea, the contract shall be automatically extended until the ship reaches its first intended port.
Termination of Sailor's Service
Article 72:
The sailor's service shall terminate for any of the following reasons:
(a) Death,
(b) Completion of the agreed voyage,
(c) Expiration of the contract period,
(d) Agreement of both parties,
(e) Sinking or actual loss of the ship, or its official unsuitability for navigation,
(f) Transfer of ship ownership to another person,
(g) Abandonment or surrender of the ship by the owner,
(h) Termination of the sailor's contract,
(i) Sailor's incapacity to perform their duties,
(j) Sailor's commission of an act contrary to Sudanese laws.
Statute of Limitations for Maritime Labor Contract Claims
Article 73:
All claims arising from the maritime labor contract shall be time-barred after one year from the date of contract termination or expiration ¹.
Chapter Fourteen: Maritime Professions
Conditions for Practicing Maritime Professions
Article 74:
(1) The following conditions shall be met for practicing maritime professions:
(a) The ship's captain, officers, engineers, and communication officers shall hold competency certificates approved by the competent authority in accordance with international conventions,
(b) The ship's doctors, administrators, deck and engine workers, and service providers shall hold certificates approved by the competent authority as determined by regulations.
(2) The competent authority shall cancel the approval of the competency certificate if a violation of subsection (1) is proven.
(3) Regulations shall specify the different levels of competency certificates, qualifications of persons granted such certificates, basis for assessing technical competence for obtaining such certificates, and models of competency certificates for different grades.
Foreign Certificate
Article 75:
The competent authority may approve a foreign certificate as a valid competency certificate if it is evaluated in accordance with relevant laws and the holder is sufficiently qualified for the required work.
Practice of Maritime Survey
Article 76:
(1) No person shall practice maritime survey operations unless they are:
(a) Sudanese,
(b) Hold a qualification approved by the competent authority,
(c) Hold a license from the competent authority as determined by regulations.
(2) The license for conducting maritime surveys shall be personal and may not be delegated or assigned to another person, although the licensee may seek technical expertise from any party under their supervision.
(3) Every commercial ship may benefit from the services of a maritime surveyor to ensure the safety of the ship and carried goods.
(4) The maritime surveyor shall provide a technical report on the condition of the ship and goods in case of loss, damage, or disappearance to the requesting party.
(5) The maritime surveyor shall not represent conflicting interests.
(6) The competent authority may authorize a non-Sudanese surveyor to conduct surveys.
Chapter Fifteen: Charter of the Unprepared Ship
Charter Contract of the Unprepared Ship
Article 77:
(1) The charter of the unprepared ship shall be by contract whereby the owner is obligated to enable the charterer to benefit from a specific ship.
(2) The charterer of the unprepared ship shall manage it technically and commercially.
Law Governing the Unprepared Ship
Article 78:
The charter contract of the unprepared ship shall be governed by the law of the flag state carried by the ship or the law chosen by the parties.
Charter Contract of the Sold Unprepared Ship
Article 79:
The sale of the unprepared ship shall not terminate its charter contract, although the buyer may terminate the contract if they prove they were unaware of the charter contract at the time of sale and could not have known.
Right of Lien on Goods Owned by the Charterer
Article 80:
(1) The owner of the unprepared ship shall have the right to lien goods owned by the charterer at the port of arrival to secure payment of the charter hire unless a guarantee equal to the charter hire is provided.
(2) In case of exercise of the lien, the court shall deposit the goods with an appointed trustee and may order their sale or part of them to pay the charter hire.
(3) The owner of the unprepared ship shall have a privilege on goods owned by the charterer as per subsection (1) if they are on the ship or deposited with a trustee as per subsections (1) and (2) to secure payment of the charter hire and its accessories.
(4) The privilege shall remain in effect even if the goods are mixed with others of the same type.
Sub-Charter of the Unprepared Ship
Article 81:
(1) The charterer may sub-charter the unprepared ship, although the original charterer shall remain liable to the owner for obligations arising from the contract unless otherwise agreed.
(2) No direct contractual relationship shall arise between the owner and the sub-charterer due to the sub-charter, although the owner may attach funds of the sub-charterer not exceeding what is due from the original charterer.
Chapter Sixteen: Charter of the Equipped Ship
Charter Contract of the Equipped Ship
Article 82:
The charter of the equipped ship shall be by contract whereby the owner is obligated to place the chartered ship or part of it at the disposal of the charterer for a voyage or several specific voyages as agreed by the parties.
Liability of the Owner of the Equipped Ship
Article 83:
The owner of the equipped ship shall be liable for:
(a) Loss or damage to goods shipped within the limits specified in the contract of carriage unless they prove they fulfilled their obligations under the contract and the damage did not result from their failure to fulfill them,
(b) Technical and commercial management of the equipped ship.
Obligations of the Owner of the Equipped Ship
Article 84:
(1) The owner of the equipped ship shall:
(a) Deliver the ship in a seaworthy condition with documents proving it,
(b) Appoint sailors, conclude labor contracts with them, and pay their wages,
(c) Repair damage resulting from force majeure or damage required by normal consumption of the ship for the agreed purpose.
(2) If the damage referred to in paragraph (c) of subsection (1) causes the ship to be unusable, no charter hire shall be due for the period it remains unseaworthy unless it is proven the defect was hidden and could not be detected by normal inspection.
Obligations of the Charterer of the Equipped Ship
Article 85:
(1) The charterer shall:
(a) Pay the charter hire at the agreed time under the contract,
(b) Use the ship for the agreed purpose according to its characteristics specified in the navigation license,
(c) Return the ship at the end of the charter contract at the agreed port in the condition it was in at delivery, considering normal consumption,
(d) Bear any claims or compensation to third parties due to the ship's operation.
(2) In case of delay in returning the ship as per subsection (1)(c) due to the charterer, they shall pay compensation equal to double the charter hire for the number of days delayed unless the owner proves the damage exceeds this compensation.
(3) If the charter period expires during the voyage, the contract shall be extended by law to its end, and the owner shall be entitled to the agreed charter hire for the additional days.
Loading Goods
Article 86:
(1) The charterer shall load the agreed quantity of goods and shall pay the full charter hire if they do not load the entire agreed quantity.
(2) The charterer shall load and unload goods within the agreed laytime or apply port customs if no laytime is agreed.
(3) If goods are not loaded or unloaded within the laytime, the charterer shall pay the agreed demurrage.
(4) Demurrage shall be considered an accessory to the charter hire and governed by its provisions.
Laytime for Loading or Unloading
Article 87:
(1) The original laytime for loading or unloading shall start as specified in the charter party after receiving notice of the ship's readiness.
(2) If loading is completed before the agreed time, the remaining days shall not be added to unloading time unless otherwise agreed, although the charterer may be granted a loading or unloading bonus if completed in less than the agreed time.
(3) Unless otherwise agreed, official holidays or customary port holidays shall not be counted in the original laytime, and it shall be suspended in case of force majeure.
(4) Holidays shall be counted in additional laytime, and it shall not be suspended due to force majeure, although demurrage may be reduced for the first additional laytime if the impediment continues.
End of Unloading Time
Article 88:
The captain shall have the right to unload goods at the charterer's expense and liability at the end of unloading time and shall take necessary measures to preserve them.
Loading Goods Not Belonging to the Charterer
Article 89:
The owner of the equipped ship chartered wholly or partially shall not load goods not belonging to the charterer without their permission, and the charterer shall have the right to claim charter hire for goods loaded without permission, without prejudice to other compensation.
Liability of the Charterer for Damage to the Shi
Article 90:
Unless otherwise agreed, the charterer shall be liable for damage to the ship or goods shipped if caused by the charterer's fault or that of their subordinates or agents.
Termination of the Charter Contract of the Equipped Ship
Article 91:
(1) The charter contract of the equipped ship shall be terminated if force majeure occurs before the voyage begins without compensation to either party.
(2) The charter contract shall remain valid if the ship's stoppage during the voyage is due to force majeure without compensation or increase in charter hire.
(3) The charterer may terminate the contract before loading goods and shall compensate the owner for damage not exceeding the agreed charter hire.
Exemption from Paying Charter Hire for the Remaining Voyage
Article 92:
The charterer shall be exempt from paying charter hire for the remaining voyage if continuation is impossible due to the owner, and the charterer shall be compensated for any resulting losses.
Procedures in Case of Impossibility to Continue the Voyage Due to the Ship
Article 93:
(1) If the ship cannot reach the designated port for unloading goods due to the ship, the captain shall follow the owner's instructions or head to the nearest port for unloading if no instructions are given.
(2) The owner shall bear the cost of transporting goods to the agreed port unless impossible due to force majeure.
(3) Considering subsection (2), the charterer shall bear transportation costs in the following cases:
(a) Impossible to transport goods to the agreed port due to force majeure,
(b) Their decision to unload goods during te voyage at a port other than the agreed one.
Unloading Goods at the Charterer's Expense
Article 94:
The charterer may unload their goods at their expense during the voyage at any port other than the agreed one, paying the agreed charter hire.
Entitlement to Charter Hire if Shipped Goods are Damaged
Article 95:
(1) Full charter hire shall be due if shipp goods are damaged, whether totally or partially, for any of the following reasons:
(a) Charterer's or their subordinates' fault,
(b) Nature of the goods or defect in them,
(c) Captain's necessity to sell goods during the voyage due to defect or damage,
(d) Captain's order to destroy goods due to danger, harm, or prohibition of transport without the owner's knowledge at shipment,
(e) Shipped goods being animals that died during the voyage due to no fault of the owner or their subordinates,
(f) Captain's decision to jettison part of the goods to save the ship or remaining cargo, considering general average provisions.
(2) No charter hire shall be due if shipped goods are damaged for reasons other than those in subsection (1) unless entitlement to charter hire is stipulated in all cases.
(3) The charterer's liability for charter hire shall not be discharged by abandoning goods even if damaged or reduced in quantity or value during the voyage.
(4) No charter hire shall be due as per subsection (1) if the ship does not meet technical specifications for transporting goods.
Expiration of Claims Arising from the Charter Contract of the Equipped Ship
Article 96:
Claims arising from the charter contract of the equipped ship shall expire one year from the end of the voyage.
Chapter Seventeen: Time Charter
Time Charter Contract
Article 97:
The time charter of the ship shall be by contract whereby the owner is obligated to place an equipped ship at the disposal of the charterer for a specific period.
Placing the Ship at the Charterer's Disposal
Article 98:
The owner shall place the chartered ship at the charterer's disposal at the agreed time and place in a seaworthy condition and equipped according to the charter contract terms throughout the contract period.
Technical Management of the Ship
Article 99:
(1) The owner shall manage the ship technically, equip and maintain it, appoint sailors, provide for them, and pay their wages, and shall be liable for the ship's loss unless proven the loss resulted from the charterer's fault.
(2) It may be agreed that the charterer manages the ship technically, and they shall be liable for the ship's loss and general average unless proven the loss resulted from navigation risk or the owner's fault.
Commercial Management of the Ship
Article 100:
(1) The charterer shall manage the ship commercially, bear its expenses, including fuel, oils, greases, fresh water, port fees, pilotage, towing, loading and unloading costs, agents, and other expenses required for the ship's commercial operation.
(2) The captain shall follow the charterer's instructions regarding the ship's commercial operation within the contract's limits.
Liability for Damage
Article 101:
(1) The owner shall bear damage to goods if resulting from their failure to fulfill obligations.
(2) The charterer shall bear damage to the ship except that resulting from normal use.
Charter Hire
Article 102:
(1) Charter hire shall run from the day the ship is placed at the charterer's disposal, but no hire shall be due if the ship is lost or stopped due to force majeure or the owner's act.
(2) If the ship is lost and later proven to have perished, full hire shall be due until the owner is notified.
(3) If the charter period expires during the voyage, the contract shall be automatically extended to the voyage's end, and the owner shall be entitled to the agreed hire for the additional days.
Recovery of the Ship
Article 103:
The owner shall recover the ship if charter hire is not paid within seven days of its due date, but shall transport shipped goods to the port of destination for similar hire, without prejudice to their legal right to compensation.
Charterer's Delivery of the Ship
Article 104:
The charterer shall deliver the ship at the agreed port at the end of the charter period, or if not agreed, at the port where it was placed at their disposal, in the condition it was delivered.
Expiration of Time Charter Contract Claims
Article 105:
Claims arising from the time charter contract shall expire one year from the end of the charter.
Chapter Eighteen: Maritime Transport Contract
Issuance of Bill of Lading
Article 106:
(1) The carrier or their representative shall issue a bill of lading for goods shipped on the ship and deliver it to the shipper or any designated person, and may only refuse due to charter hire privilege or its accessories as per this law.
(2) The carrier may issue a "Through Bill of Lading" undertaking to transport goods to the agreed port in successive stages, without prejudice to the right to sue the final carrier who delivered the goods to the port of destination. The first carrier shall also be liable for all obligations arising from the "Through Bill of Lading" even if transport at any stage is by another carrier and for acts of subsequent carriers who receive the goods until transport is completed.
(3) Any subsequent carrier in successive transport shall be liable for damage occurring during transport.
(4) The carrier may refuse to deliver goods if the original bill of lading or a bank guarantee approved by the shipper is not presented.
Contents of Bill of Lading
Article 107:
The bill of lading shall contain the following particulars:
(a) Name and nationality of the ship,
(b) Place and date of issuance of the bill of lading,
(c) Number of original copies issued,
(d) Names and addresses of the carrier, shipper, and consignee,
(e) Type of goods delivered to the carrier and date of delivery,
(f) Number, weight, and marks of packages,
(g) Date of shipment,
(h) Port of loading and discharge,
(i) Freight amount, calculation method, and payment terms,
(j) Signature of the captain or maritime agent and shipper,
(k) Policy number.
Goods Delivered to the Carrier
Article 108:
(1) Goods delivered to the carrier shall be described in the bill of lading with the following particulars:
(a) Principal marks necessary to identify the goods as provided by the shipper in writing before shipment, which shall be sufficient to identify the goods and legible throughout transport,
(b) Number of packages, pieces, quantity, or weight as provided by the shipper in writing before shipment,
(c) Apparent condition of the goods.
(2) The carrier or their representative may make reservations regarding the shipper's particulars of marks, number, quantity, or weight if they have serious grounds to doubt their accuracy or lacked ordinary means to verify them.
Non-Enforceability of Guarantee Letter Against Third Parties
Article 109:
Any guarantee letter or agreement whereby the shipper guarantees to compensate the carrier for damages resulting from issuing a bill of lading without reservations shall not be enforceable against third parties. However, third parties may rely on such agreement against the shipper.
Goods Not Mentioned in Bill of Lading
Article 110:
If goods are on the ship not mentioned in the bill of lading or with inaccurate particulars, the captain may:
(a) Before departure, unload them at the port of loading or leave them on the ship, paying freight equal to similar goods without prejudice to the carrier's right to compensation,
(b) During voyage, order them thrown overboard if they:
(i) Cause damage to the ship or goods,
(ii) Require payment of fines or expenses exceeding their value,
(iii) Are prohibited by law from sale or export.
Captain's Duty to Deliver Goods
Article 111:
(1) The captain shall deliver goods to the consignee or their agent against any original bill of lading copy:
(a) To the named person in a nominative bill of lading,
(b) To the bearer of the bill of lading at arrival for a bearer bill,
(c) To the last endorsee for an order bill.
(2) If multiple persons present negotiable bill of lading copies for delivery, the captain shall follow the earliest dated. If dates are the same, the captain shall deposit goods with a mutually agreed person or court-appointed person pending dispute resolution.
(3) Undated endorsement shall be deemed issued on bill of lading presentation date.
Permission to Deliver Specific Quantities of Goods
Article 112:
(1) Anyone entitled to receive goods under a bill of lading may request the carrier's permission to deliver specific quantities as agreed, issued in a named person's name and signed by the carrier.
(2) For negotiable bills of lading, the carrier shall note delivery permissions and goods described in the bill. If the entire shipment is distributed among multiple permissions, the carrier shall retrieve the bill of lading.
Non-Appearance of Entitled Person to Receive Goods
Article 113:
If the entitled person does not appear to receive goods or refuses, the carrier may request court permission to deposit them with a court-appointed trustee. The carrier may request court sale of goods to cover freight and demurrage.
Shipment of Dangerous Goods
Article 114:
If dangerous, flammable, or explosive goods are shipped on the ship:
(a) Without the carrier's knowledge, they may be unloaded, destroyed, or rendered harmless without compensation, and the shipper shall compensate for resulting damages and expenses,
(b) With the carrier's knowledge and consent, and become a danger to the ship or cargo, they may be unloaded, destroyed, or rendered harmless without liability, considering general average provisions if applicable.
Liability for Loss or Damage to Goods
Article 115:
(1) The carrier shall be liable for total or partial loss, damage, delay, or loss of goods between receipt at the port of loading and delivery to the entitled person at the port of discharge, unless they prove they took necessary measures to prevent and it occurred through no fault of theirs.
(2) Failure to deliver goods at the agreed time shall be considered delay. If no time is agreed, delay shall be failure to deliver in the time a carrier would deliver in similar circumstances.
(3) In case of loss or damage, the carrier and goods recipient shall facilitate inspection and examination to verify condition and prepare a report.
Exemption from Liability
Article 116:
Any provision in a bill of lading or similar document exempting or reducing the carrier's liability for loss or damage to goods due to breach of contract obligations shall be void.
Agreement to Contradict Liability Provisions
Article 117:
(1) Liability provisions in this chapter may be contradicted by agreement for coastal navigation and other types if the nature of goods, shipment circumstances, or exceptional circumstances justify a special agreement.
(2) Such agreement shall be valid if:
(a) Not contrary to law or public order,
(b) Not related to care required by the carrier's employees or agents regarding loading, stowage, transport, care, and discharge of goods,
(c) Made before issuing the bill of lading,
(d) Recorded in a non-negotiable document marked as such.
Notice of Loss or Damage to Goods
Article 118:
(1) The recipient of goods in case of partial loss, damage, or loss shall notify the carrier or their agent in writing at the port of discharge before or during delivery, otherwise goods shall be deemed delivered in the condition described in the bill of lading unless proven otherwise within 48 hours.
(2) Notice may be given if loss or damage is not apparent within three days of delivery, excluding official holidays.
(3) Notice is not required if goods are inspected at delivery in the presence of the carrier or their representative and the recipient.
Lien on Goods
Article 119:
The carrier shall have a lien on goods to secure freight and other amounts due for transport.
Liability Provisions for Loading and Delivery
Article 120:
(1) Liability provisions in this chapter shall apply to the maritime carrier under a bill of lading from receipt of goods to delivery to the consignee.
(2) Liability provisions shall not apply to:
(a) Charter parties where bills of lading are issued, liability provisions shall apply to the bill if it governs the relationship between the carrier and bill holder unless the holder is the charterer,
(b) Contracts for live animals or goods stated to be shipped on deck if actually shipped that way.
Limitation of Maritime Transport Contract Claims
Article 121:
Claims shall not be heard upon denial except with lawful excuse:
(a) Maritime transport contract claims shall expire one year from goods delivery or expected delivery date unless parties agree in writing to extend,
(b) Third-party claims shall expire 90 days from claim filing or payment date, even if the period in (a) has expired,
(c) Unjust enrichment claims shall expire one year from notification of entitlement to restitution, notified according to the Civil Procedure Act 1983.
Chapter Nineteen: Transport of Persons
Application of this Chapter and Exceptions
Article 122:
(1) Provisions of this chapter shall apply to all contracts for transport of persons.
(2) Exceptions to this chapter are:
(a) Free transport unless the carrier is a professional passenger transporter,
(b) Persons who stow away on the ship to travel without payment.
Contract for Transport of Persons
Article 123:
(1) A contract for transport of persons is a contract whereby the carrier undertakes to transport a person from one port to another for a fee.
(2) The contract shall be evidenced by any document or travel ticket.
(3) The travel ticket may not be assigned to another person without the carrier's consent.
Carrier's Liability in Case of Accidents
Article 124:
(1) The carrier shall be liable for damage resulting from death or injury to a passenger if the accident occurs during contract performance due to the carrier's or their subordinate's fault or negligence.
(2) An accident shall be considered during contract performance if it occurs while boarding or disembarking at the port of departure, during travel or arrival, or at any other port where the ship stops pending further travel.
Liability for Diya
Article 125:
(1) The carrier's liability for a passenger's death or injury shall be the amount of diya according to the applicable criminal law and diya regulations.
(2) Notwithstanding subsection (1), liability may be agreed to be limited if the limit exceeds the diya amount.
Void Agreement to Exempt from Liability
Article 126:
Considering Article 125, any agreement shall be void:
(a) Exempting the carrier from liability or limiting it to an amount less than diya,
(b) Shifting the burden of proof from the carrier to the passenger.
Limitation of Civil Liability Claims
Article 127:
Civil liability claims in case of a passenger's death or injury shall expire upon denial except with lawful excuse after two years, calculated as follows:
(a) For death or injury during maritime contract performance, from the day following the occurrence,
(b) For death or injury after the maritime voyage due to an injury during contract performance, from the day following death or appearance of injury.
Carrier's Obligation to Transport Passenger's Luggage
Article 128:
(1) The carrier shall transport the passenger's luggage within contract or custom limits, provide a receipt, and maritime transport contract provisions shall apply.
(2) The carrier shall be exempt from liability for loss or damage to luggage in the passenger's possession unless the passenger proves damage resulted from the carrier's or their subordinate's fault.
(3) The carrier shall be liable for damage to or loss of luggage shipped with a shipping document even if the owner did not travel with it.
Limitation of Luggage Transport Claims
Article 129:
Claims arising from luggage transport or other claims shall expire upon denial except with lawful excuse after one year from the day following the passenger's departure from the ship or expected departure date.
Chapter Twenty: Maritime Collision
Collision Compensation
Article 130:
(1) If a collision occurs between a maritime ship or floating structure or maritime containers, compensation for damages to the ship and goods on board shall be settled according to this chapter, regardless of the waters where the collision occurred.
(2) Provisions in subsection (1) shall apply if no physical collision occurs between ships, for damages caused by a ship to another or goods or persons on board, if resulting from the ship's maneuver or omission or failure to comply with international and regional maritime laws and agreements.
Collision Due to Force Majeure or Fault of One Ship
Article 131:
(1) If a collision occurs due to force majeure or unknown causes, each ship shall bear its own damages.
(2) If a collision occurs due to one ship's fault, the ship at fault shall compensate for all resulting damages.
Third-Party Compensation
Article 132:
If a third party is harmed by a collision between two ships, they shall be compensated jointly by both parties.
Collision Due to Joint Fault
Article 133:
(1) If a collision occurs due to joint fault, each ship's liability shall be proportionate to the fault causing it.
(2) If fault proportions cannot be determined or are equal, liability shall be shared equally.
Joint Liability for Death or Injury on Board
Article 134:
In case of death or injury on board due to a collision between two or more ships, liability shall be joint, and the ship bearing more than its share may claim from the other ship(s) accordingly.
Ship's Liability if Collision Occurs Due to Pilot's Fault
Article 135:
The ship shall bear liability under this chapter if a collision occurs due to the pilot's fault, even if pilotage is compulsory.
Court Jurisdiction for Collision Claims
Article 136:
(1) The plaintiff may file a collision claim with the competent court in any of the following places:
(a) The defendant's domicile or place of business,
(b) The defendant's ship registration port,
(c) The place where the defendant's ship causing damage was arrested or another ship owned by them could be arrested, or where arrest was permitted and the defendant provided a guarantee,
(d) The place where the collision occurred in ports, harbors, or territorial waters.
(2) If the plaintiff chooses a court, they may not file another claim based on the same facts with another court unless they waive the first claim.
(3) Parties may agree to file a claim with another court or submit to arbitration, and the defendant may file a counterclaim arising from the collision with the original court.
(4) If multiple plaintiffs exist and one files a claim, others shall file claims against the same defendant arising from the collision with the same court.
Warships and Non-Commercial State Ships
Article 137:
Notwithstanding Article 3, this chapter shall apply to warships or state ships for non-commercial purposes, including sovereign ships.
Limitation of Collision Compensation Claims
Article 138:
Compensation claims shall expire upon denial except with lawful excuse:
(a) Arising from collision after one year from the incident date,
(b) For death resulting from collision after one year from the death date.
Chapter Twenty-One: Assistance and Salvage
Application of this Chapter
Article 139:
Provisions of this chapter shall apply to assistance and salvage operations between maritime ships in genuine danger to persons, goods, cargo, freight, and the marine environment, and services provided by maritime ships to inland navigation vessels or vice versa, without distinction between assistance and salvage or consideration of the waters where services are provided.
Entitlement to Reward
Article 140:
(1) A reward shall be payable for any assistance or salvage operation, not exceeding the value of salvaged goods.
(2) The reward shall be payable even if assistance and salvage operations are between ships owned by the same owner.
(3) Persons contributing to assistance and salvage operations shall not be entitled to a reward if expressly and reasonably prohibited by the ship concerned.
(4) (a) No reward shall be payable for assistance and salvage services provided by a towing or pilot ship to a towed or piloted ship or its cargo,
(b) Exceptional services provided by a towing or pilot ship shall be excluded from this provision, not being part of their original obligations under the towing or pilotage contract.
(5) If a ship poses a threat to the marine environment, the ship's master's refusal to assist or pay a reward to persons contributing to salvage operations shall be considered unreasonable under subsection (3).
Towed Ship Master's Liability
Article 141:
The master of a towed ship operating with its own propulsion shall be liable for damages to third parties resulting from the towing ship master's fault, and may claim against the towing ship master if they committed personal fault.
Determination of Reward Amount
Article 142:
(1) The reward amount shall be determined by agreement between parties, and if not, by the court.
(2) If a foreign ship is entitled to a reward, it shall be distributed among its owner, master, and other crew members according to the ship's nationality law.
(3) Human lives shall be saved, and all persons contributing to salvage operations shall be entitled to an equal share of the reward given to those salvaging the ship and goods in the same incident.
Court's Power to Modify or Cancel Agreement
Article 143:
The court may:
(a) Cancel or modify an agreement on assistance or salvage operations made during danger and under its influence if terms are unfair,
(b) Cancel or modify an agreement if a party's consent was obtained through fraud or misrepresentation, or the agreed reward is excessively high or low,
(c) Reduce or cancel the reward if salvors committed faults necessitating assistance or salvage, theft, concealment of stolen goods, or other fraudulent acts.
Master's Duty to Assist Others
Article 144:
(1) Every master shall provide assistance to persons in danger at sea, without serious risk to their ship, crew, or passengers, even if they are enemies.
(2) A master failing to provide assistance shall be punished according to the 1991 Criminal Act.
(3) The shipowner shall not be liable for non-compliance.
Limitation of Salvage Reward Claims
Article 145:
(1) Claims for assistance and salvage rewards shall expire one year from the completion of operations.
(2) Limitation shall be suspended if the ship assisted cannot be arrested in the state's territorial waters where the claimant's domicile or main place of business is located.
Chapter Twenty-Two: Maritime Losses
Particular Maritime Losses
Article 146:
Particular maritime losses shall be any damage or loss to the ship or cargo during the maritime voyage, borne by the owner of the damaged goods.
General Maritime Losses
Article 147:
(1) General maritime losses shall be any intentional and reasonable sacrifices and expenses made for the common safety to avoid imminent danger to the ship, cargo, or both.
(2) General maritime losses shall be settled according to the York-Antwerp Rules 1974, unless otherwise agreed or provided.
Joint Losses Due to Parties' Fault
Article 148:
(1) Losses shall be joint if resulting from an incident during the voyage caused by one party's fault, without prejudice to the other party's right to claim against the faulty party.
(2) The faulty party may not claim their damages as joint losses.
(3) If the incident results from a navigation fault by the master, the shipowner may claim their damages as joint losses.
Physical Damage and Expenses as Joint Losses
Article 149:
(1) Joint losses shall include:
(a) Physical damage and expenses directly resulting from a joint loss act,
(b) Expenses incurred instead of other expenses that could be considered joint losses, up to the amount not incurred.
(2) Indirect damages and expenses resulting from delay or ship detention or cargo price decrease shall not be joint losses.
(3) Deck cargo shall contribute to joint losses if salvaged, but if jettisoned or damaged, the owner may not claim it as joint losses unless they did not consent to deck shipment or it is not customary in the port of shipment.
(4) This provision shall not apply to coastal navigation.
Excluded from Joint Losses
Article 150:
(1) Despite Article 149, joint losses shall exclude damage or loss to goods shipped without the master's knowledge, unless salvaged, in which case they shall contribute based on their actual value.
(2) Goods with a stated value lower than their actual value shall not be accepted as joint losses if damaged or lost, but if salvaged, they shall contribute based on their actual value.
(3) Passengers' and crew's luggage without a bill of lading or receipt, and postal packages, shall not be considered joint losses if salvaged, but if sacrificed, they shall be included at their estimated value.
Division of Joint Loss Compensation
Article 151:
(1) The creditor group shall consist of those entitled to joint loss compensation, and the debtor group shall consist of those liable.
(2) Joint losses shall include damages and expenses, estimated according to regulations.
(3) The debtor group shall include the ship, freight, and cargo, as follows:
(a) The ship's actual net value at the voyage's end, plus any sacrifices,
(b) Two-thirds of the ship's gross freight and passenger fares, except freight payable in all cases,
(c) Salvaged and sacrificed cargo, based on their actual or estimated commercial value at the port of discharge.
Administrative Expenses Calculation
Article 152:
Administrative expenses shall be calculated as a minimum of 5% of joint loss amounts, plus any deposited amounts until final settlement, considering any payments made to creditors before settlement.
Cash Cargo Owners' Contribution
Article 153:
(1) If cargo owners provide cash to secure their contribution to joint losses, it shall be deposited in a joint account in a mutually agreed bank, held to secure creditors' rights.
(2) In case of dispute, the competent court shall appoint a representative and designate the deposit bank.
Joint Loss Distribution
Article 154:
(1) Joint losses shall be distributed among all parties involved in the maritime voyage, proportionate to their share in the debtor group.
(2) Joint losses shall be settled by one or more experts appointed by the competent court, unless agreed otherwise.
(3) A party may be released from contributing to joint losses by proving they did not receive goods in the debtor group.
Master's Refusal to Deliver Goods
Article 155:
(1) The master may refuse to deliver goods contributing to joint losses unless sufficient security is provided.
(2) If no agreement is reached, the competent court shall appoint an expert to estimate the security.
(3) The court may order the sale of goods to obtain security, following execution rules.
Joint Loss Debts as Preferred
Article 156:
(1) Joint loss debts shall be preferred.
(2) Preference shall be on:
(a) Amounts due to the shipowner from salvaged cargo or sale proceeds,
(b) Amounts due to cargo owners from the salvaged ship, freight, and accessories.
(3) Settlement expenses shall be paid first.
No Joint Liability
Article 157:
(1) Parties contributing to joint losses shall not be jointly liable; if one party is unable to pay, their share shall be distributed among others proportionately.
(2) (a) Claims for joint loss participation shall be filed within 30 days of cargo delivery,
(b) Claims related to ship damage shall be notified to cargo owners within the same period from the voyage's end.
(3) No settlement shall be made in case of total loss of joint venture assets.
Limitation of Joint Loss Claims
Article 158:
(1) Joint loss participation claims shall expire upon denial except with lawful excuse after one year from the ship's arrival at the designated or interrupted voyage port.
(2) Limitation shall be interrupted by appointing a settlement expert, and a new period shall run from the settlement signature date or the expert's dismissal or resignation.
Chapter Twenty-Three: General Provisions
Maritime Agent
Article 159:
(1) Every ship entering Sudanese territorial waters shall have a maritime agent to perform tasks delegated by the shipowner or master.
(2) The maritime agent's duties and responsibilities shall be as per the agency contract, international maritime custom, or relevant laws and regulations.
(3) The port authority shall grant the maritime agent a license according to its laws and regulations.
Maritime Agent's Liability for Goods
Article 160:
The maritime agent shall not be liable to the shipper or consignee for damage or loss to goods received for shipment or discharged for delivery, unless caused by their personal fault or that of their subordinates.
Service Provision During Ship Arrest
Article 161:
(1) The maritime agent shall continue providing usual services to the ship during judicial or administrative arrest, and their debt shall be preferred; they may not relinquish agency without court approval.
(2) The court may appoint another person to provide usual services if the maritime agent is unable.
Agency Contract Termination
Article 162:
The maritime agency contract shall terminate upon expiration, non-renewal, dismissal by the principal, completion of the task, license termination, or court approval of the agent's relinquishment.
Maritime Insurance Contract
Article 163:
(1) Maritime insurance shall be by contract, whereby the insurer undertakes to compensate the insured for maritime risks, against premium payment, according to the Insurance Supervision Act 2001 and Insurance and Takaful Act 2003.
(2) Insurance may cover all assets exposed to maritime risks, and only those with a legitimate insurable interest may benefit.
Maritime Pollution from Ships
Article 164:
The competent authority shall monitor, control, and prevent maritime pollution according to environmental protection laws and regulations, international and regional agreements, and may set necessary controls and estimate effects, in coordination with relevant authorities.
Direct Delivery Goods
Article 165:
In case of direct delivery goods, if a claim is filed for demurrage and the court orders arrest, relevant authorities shall execute the order and allow discharge under court supervision and custody, at the consignee's expense and responsibility; customs and port authority fees shall be preferred debts.
Penalties
Article 166:
The competent authority may impose financial or administrative penalties and administratively arrest the ship, with daily fines until the violation is rectified, as per regulations.
Punishments
Article 167:
Without prejudice to other laws, anyone violating this law or its regulations shall be punished by imprisonment, fine, or both.
Regulatory Power
Article 168:
The Minister may, upon the competent authority's recommendation, issue regulations, orders, and forms necessary to implement this law.
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