Laws & Regulations - Port of Fujairah

Chapter I : Citation and interpretation

Article(1)

This ordinance may be cited as the Port of Fujairah Ordinance 1982.

Article(2) Interpretation

In this ordinance except where the context otherwise requires “AGENT” or “SHIPPING AGENT” or “OWNERS REPESENTATIVE” means any company or person appointed by the owners, or Master of a ship to act on their behalf or on behalf of any one of them in the Port of Fujairah and who has accepted such appointment.

“Cargo”

Means all goods carried or to be carried on board a ship and includes all general cargo, cement, timber, bagged cargo, passenger’s moveable property of every description, baggage, animals and birds, whether alive or dead, and commodities which in the opinion of the Port Authority could be classed as cargo in Breakbulk, Containers or Bulk. Oil in Bulk is included in this description.

“Charges”

Includes all charges, dues, rates and tolls of every description which are payable under this ordinance or under the Port Rules or the Port Tariff.

“Container”

Is a fully enclosed re-usable cargo carrying unit constructed of metal, plywood, fibre, wood or fiberglass used for the purpose of transporting packaged, loose or bulk articles and capable of being lifted as a complete unit from fixed special castings by ships’ gear or container cranes.

“Country Craft”

Means all small craft employed on coastal operations whether propelled by power, sails or oars, which are used for carrying passengers and /or cargo, or for fishing.

“Dangerous or Offensive Goods”

Means all goods described in the Third Schedule.

“Department”

Means the Department of Ports and Customs of the Government of Fujairah.

“Director of Customs”

Means the Director of Customs appointed by the Ruler and shall include his deputy or subordinates in so far as his subordinates are or may be duly authorized to act on his behalf.

“Expected Ship”

Means a vessel that has been designated by The Ruler of Fujairah as excepted from payment of Port Dues.

“Fairway”

Means the whole of the navigable channel and approaches to the Port of Fujairah.

“Government”

Means the Government of the Emirate of Fujairah.

“Harbour Master”

Means any officer appointed by the Port Authority to be Harbour Master and includes the deputies and assistants of an officer so appointed.

“Immigration Department”

Means the Immigration Department of the Government of the United Arab Emirates.

“Master”

Means any person having lawful command of any ship whether by appointment or operation of law; other than a pilot.

“Month, Year”

Means a month or a year according to the Gregorian Calendar.

“Owner”

When used in relation to any ship shall include any operator, manager, part owner, demise charterer, mortgagee in possession or other beneficial owner.

“Perishable Goods”

Means goods liable to rapid deterioration without special care or handling and in particular means fish, Fruit, vegetables, potatoes, bread, meat, game, butter, eggs, milk, cheese, poultry and any other similar item.

“Pilot”

Means a person for the time being authorised by the Port Authority to pilot ships at the Port.

“Pollution”

Means the unlawful deposit or discharge by any means of oil, LPG, refuse or any other substance liable to cause offence or damage in the Port.

“Port”

Means the Port of Fujairah, including all its waters and installations as defined in the first schedule.

“Port Authority”

Means Port of Fujairah Authority and its management.

“Port Facilities”

Means all aids provided by the Port Authority for the handling of ships and their cargo.

“Port Health Officer”

Means the medical officer appointed by the Government to safeguard health and to execute the provisions in respect of quarantine as laid down under the Port of Fujairah Health Regulations and pursuant to other competent authority and any person authorized to act on his behalf.

“Port Premises”

Means all waters, piers, docks, wharves, storage areas, building and other structures which are under the control of the Port Authority in the area of Jurisdiction set out in Schedule 1.

“Port Rules”

Means the Port of Fujairah Rules and Regulations 1982 and all amendments, supplements from time to time issued in accordance with this ordinance.

“Port Tariff”

Means the Schedule of Charges for ships and cargo using the Port facilities as from time to time issued in accordance with this ordinance.

“Ruler”

His Highness The Ruler of Fujairah

“Vessels”

Means any water craft or contrivance capable of navigation on, under, or across water, whether or not self propelled, whatever the nature or purpose for which constructed, adapted or used, including a seaplane on the water, a hovercraft and a hydrofoil vessel, inclusive of comely craft.

Chapter II : Application of the Law

Article(3) Application of the Law

This ordinance shall apply to the control of all operations within the Port area as defined in the First Schedule hereto and to the physical movement of ships and the handling of cargoes

Chapter III : Delegation

Article (4) Delegation

The Port Authority shall not delegate all or any of its authority and powers under this ordinance to any person or body of persons unless specifically so authorised by decree of the Ruler.

Chapter IV : Movement of Ships

Article(5) Compulsory Pilotage

The limits specified in the Second Schedule hereto shall be the limits of the compulsory Pilotage area within the Port and all ships, other than excepted ships, within the limits of the compulsory pilotage area shall carry a properly appointed pilot.

Article(6) Liability of Ship

The Owner and Master of a ship including an Excepted Ship, shall be jointly and severely liable irrespective of the cause thereof for all loss or damages to piers, jetties, buoys, or other port installations or port facilities, property or machinery whatsoever and for loss of life or personal injury to any person lawfully within the limits of the Port, in connection with the navigation by such ship with or without a pilot within the limits of the Port or its use of the port facilities. No ship shall be permitted to leave the port unless and until security acceptable to the Port Authority has been given for the amount of any loss or damage so caused.
The Port authority shall not be liable, whether resulting from its negligence or from any other cause whatsoever, for :i) Any loss, damage or delay to any ship using the Port or port facilities or to her cargo on board or to any other property ashore or afloat, fixed or moveable whatsoever.ii) Any loss of life or personal injury to the Master or crew using the Port as aforesaid.
Any ship or person using any port facility shall indemnify and save harmless all losses, claims, demands and suits for damages, including death or personal injury and including court costs and attorney’s fees incident to or resulting from their operations in the Port and the use of port facilities.

Article(7) Production of Documents

The Master of any ship arriving in the Port shall produce such information and documents in relation to the ship, passengers and cargo thereof, particularly cargo of a hazardous nature, as may be required by the Port Rules. The Port Authority shall have power to order any ship to leave the Port if in its opinion the ship has on board cargo or other matters injurious to health or offensive in any respect and may take any reasonable measures either to remove the ship or to dispose of the said cargo or other injurious or offensive matter.

The owner shall be liable for all expenses incurred by the Port Authority in connection therewith.

Article(8) Liability for Payment of Charges

The shipping agent shall be liable for payment of all charges incurred by any ship for which he is agent, such payment to be made in accordance with the Port Rules and Port Tariff.

Article (9) Power of Arrest and Detention

In the event of any such charges in respect of any ship remaining unpaid, the ship may be arrested together with its tackle, apparel and furniture and may be retained until such time as the amount of such charges are paid.
Where after such arrest, any such charges remain unpaid for a period exceeding thirty(30) days, the ship together with its tackle, apparel and furniture may be sold by public auction and the proceeds of sale thereof shall be payable to the owner or his agent only after deduction of the amount of any charges which are owing and the expenses of the said detention and sale.
The courts of Fujairah shall have jurisdiction in respect of arrest, detention and sale under this clause.

Article (10) Refusal of Outward Clearance

The master of any ship may be refused a Customs Certificate until such time as all charges due in respect of the ship and all penalties and expenses to which the ship and her Master are liable under this ordinance or the Port Rules or Port Tariff have been paid or satisfactorily secured.

Article(11) Powers Relating to Removal of Wrecks etc.

If any ship is wrecked, stranded, or in distress within the Port, and if the Master, owner or agent does not take adequate action for the preservation of the ship, the Port Authority shall, on being informed of the circumstances, immediately assume command of the ship and take whatever emergency measures as may be necessary for the preservation of the ship, its equipment and cargo and the safety of its master and crew.
No person being the owner, Master or agent of any ship stranded or wrecked within the Port shall attempt to salve or breakup such ship without the approval of the Port Authority.
The owner, Master or agent of a ship stranded or wrecked as aforesaid may be required to provide such security as the Port authority may consider reasonable and sufficient to secure the cost of removing any such ship or part thereof from the Port.
i) Any loss, damage or delay to any ship using the Port or port facilities or to her cargo on board or to any other property ashore or afloat, fixed or moveable whatsoever.

ii) Any loss of life or personal injury to the Master or crew using the Port as aforesaid.

Article(12) Towage Conditions

Towage is compulsory except at the discretion of the Harbour Master.
Tugs will normally be available in the Port to attend and assist ships at the Port provided that the Port Authority shall in no event be liable if at any time towage facilities prove to be inadequate.
The towage conditions applicable for the use of tugs provided by the Port Authority are as follows:
i)On the employment of a tug the Master and crew thereof shall become the servant of and be identified with the hirer and shall be under the control of the hirer or his servants or agents, and any person on board the hired ship who may be employed and/or paid by the Port Authority shall be deemed to be the servant of the hirer.

ii) During the period of employment of a tug, the Port Authority shall not bear or be liable for damage of any description or for any personal injury or loss of life arising from any cause including negligence of its servants or agents or unseaworthiness, unfitness or breakdown of the tug, its machinery, boilers, towing gear, equipment or hawsers or the tugs lack fuel, stores or speed or from any other cause whatsoever, all of which shall be liability of the hirer who shall indemnify and save harmless the Port Authority against all losses, claims, demands and suits for damages, including death or personal injury and including court costs and attorney’s fees provided that such loss, damage, personal injury or loss of life is not caused by any want of reasonable care on the part of the Port Authority to make their tugs seaworthy and fit for the purpose for which tugs are normally used and the hirer has discharged his burden of proving such failure to exercise reasonable care.

iii) For the purpose of these conditions, the terms ‘employment” shall be deemed to cover the period commencing when the tug clears her berth to proceed to the ship requiring her services and ending when the tug finally secures in her usual berth after having performed the required towage services.

“Towing” is any operation in connection with holding, pushing, pulling or moving these ships.

The Port Authority shall not be liable for any damage done to the hirer’s vessel or for personal injury or for loss of life to any person whilst at the request, expressed or implied, of the hirer rendering any services involving the use of its tugs other than towing and the hirer shall indemnify the Port Authority in respect of any claims therefore.

Article(13) No Liability for Demurrage

The Port Authority shall not be liable for demurrage which may occur or be done in respect of any ship, however such demurrage may have been caused.

Article(14) Responsibility of Master for Contravention of Ordinance

The Master of a ship shall be responsible for the compliance by such ship with the provisions of this ordinance and the Port Rules and in the event of any contravention thereof, he may be held liable for such contravention and proceedings may be brought against him.

Chapter V : Handling and Storage of Cargo

Article(15) Non-Liability of the Port

The Port of Fujairah shall be exempt from all liability whatsoever for any deficiency loss, damage or misdelivery of or to goods, or for any consequential loss or delay however, arising out of the following:
i) Act of God, force majeure

ii) Fire, lightning, explosion, impact by aircraft including articles dropped there from, earthquake and impact.

iii) Storm, tempest, flood and burst pipes.

iv) Riots, civil commotion, malicious damage and theft, strikes, lockouts stoppage or restraint of labour from whatever cause whether partial or general.

v)Scarcity of labour, plant and machinery.

vi)Any consequence of war, invasion, act of foreign enemy, hostilities, civil war, rebellion or insurrection

vii) Seizure under legal process.

viii) Inherent liability to wastage in bulk or weight, latent or inherent defect, vice or narural deterioration of the goods, or vermin or other pests.

ix) Insufficient, indistinct or erroneous marking or addressing of the goods.

x) The absence or the insufficiently or unsuitable packaging of the goods.

xi) Any act of the Port of Fujairah, its servants or agents reasonably necessary for the safety or preservation of persons, premises or goods.

xii) Late receipt of customs entries or landing orders, disputes in respect of documents or declarations made for entry purposes by or on behalf of any person. Delay in passing customs entries or in obtaining clearance of the goods or omission of information from or a mis-statement in any order to the Port of Fujairah relating to the goods.
Without prejudice to any other provisions contained in this ordinance The Port of Fujairah shall be exempt from all liability whatsoever for any deficiency, loss, damage, or misdelivery of or to goods or any consequential loss or delay howsoever arising or caused except where the claimant proves that the deficiency, loss, damage, misdelivery or delay arose out of or was caused by the negligent or unlawful act or omission of the Port of Fujairah, its servants or agents.

Article(16) Notice of Loss to be given

Notwithstanding anything herein contained The Port of Fujairah shall be discharged of all liability unless notice of loss or damage to the goods and the general nature thereof be given in writing to the port at the time of removal of the goods into the custody of the person entitled thereto (or in case of total loss at the time the goods would otherwise have been so removed by production of the proper documents).Or if the loss or damage be not then apparent, within six consecutive days thereafter.

Article(17) Terms and Conditions of Acceptance and Storage

The goods will be received according to their loading marks and numbers and kept in such suitable and reasonable storage space as may be available.
No responsibility will be assumed for notifying consignee of goods of the arrival thereof.
The consignee may be required to tender an account of the goods to establish their suitability or otherwise for storage.
Where no such account is then provided or at any other time that the Port of Fujairah in its absolute discretion deems it necessary the consignee may be required to permit an examination of the goods in order to establish either the rate of charges applicable or their suitability or otherwise to storage.
The storage of goods may be refused where it is considered that such storage would be detrimental to the operation of the Port or to the safety of the Port, its installations or other cargo.

Article(18) Conditions of Delivery

Goods received at the Port of Fujairah shall be delivered to the consignee thereof or his agent only against written delivery instructions of the Master of the carrying ship or his agent.
The person named in such delivery instructions shall be deemed to be consignee of the goods or his agent.
No goods shall be delivered before the completion of the necessary customs and Port formalities and payment of any customs duty and other charges due provided that authority may be given to the Master of the carrying vessel or his agent or the lighterage contractor to deliver goods direct to consignee but only after consignees have satisfied the customs as to the nature and dutiable value of the goods and after completion of the necessary direct delivery formalities as prescribed in the Port Rules.

Article(19) Special Terms and Conditions

In addition to the foregoing terms and conditions further special terms and conditions shall apply to bullion, coin, jewellery, gems, glass, china, works of art, documents, securities, bank notes or stamps and the port of Fujairah will only accept such goods subject to theses terms and conditions and these special terms and conditions and application should be made to the Port of Fujairah for details of those special terms and conditions.

Article(20) Unclaimed Goods

If goods are not withdrawn from the customs and duty and other charges not paid within 90 days from the delivery date they may be sold by public auction.
Details of the goods to be sold will be posted on the Port Notice Board in the Lobby of the Administration building at the Port at least 14 days before the auction and no other advertisement shall be necessary.
The Consignee of such goods shall have the right to recover his goods at any time before the sale on completion of the prescribed customs formalities and the payment of all customs duties and other charges outstanding.
Notwithstanding anything herein to the contrary the following classes of goods may be sold unless they are withdrawn from customs as aforesaid in the following reduced periods.
Perishable goods within 3 days by ordinary sale.

Tinned food-stuffs and such cargo as received into storage in defective packing within 60 days by public auction.

Article(21) Application of Proceeds of Sale

The order of application of the proceeds of the sale of goods under Clause 20 hereof shall be as follows:
i) Payment of cost of the sale.

ii) Payment of customs duty which shall be calculated on the amount realised by the sale.

iii) Payment of the Port Charges.

iv) Payment of freight, lighterage and other charges confering a lein upon the goods.

v) The balance shall be held for the account of the person entitled thereto and if not claimed by such person within twelve(12) months of the date of sale shall become the property of the Government of Fujairah.
Nothing in this clause shall prejudice the right of the Port of Fujairah to recover outstanding Port Charges or any part thereof by any other lawful means.

Article(22) Goods Delivered against an Indemnity

The Port Authority may withhold delivery of any goods or the proceeds of the sale of goods which are in the possession of the Port Authority in the following cases unless and until the person claiming to be entitled(or any one such) has given and indemnity acceptance to the Port Authority against the claims of any other person to such goods or proceeds.

Where any such goods or proceeds are claimed by two or more persons.
Where any person claiming any such goods or proceeds does not produce the document showing that he is entitled to take delivery thereof.

Article(23) Conditions for Acceptance of Dangerous Goods

No person shall deliver to the Port any dangerous or offensive goods or any goods which are likely to cause damage to person or property without giving notice in writing of the nature of such goods to the Port Authority.
Such goods may be refused or accepted only under special conditions as to their storage.
The owner of dangerous or offensive goods may be required to remove them immediately from the Port if the Port Authority, in its discretion, determines that such goods may cause damage to person or property.
If the owner of dangerous or offensive good does not comply with the requirement of Sub-clause(c) hereof, the Port Authority shall have the right to dispose thereof as they see fit and without delay and costs shall be borne by the owner of the goods.

Article(24) Detention of Goods in the event of unpaid Freight

Where the Master of a ship from which any goods have been landed at the Port and accepted by the Port Authority for delivery to the consignee notifies the Port Authority in writing that freight or other charges to the amount specified in the notice remain unpaid in respect of the goods, the goods may be retained and delivery thereof to the consignee or any other person refused until :

The production of the receipt or a release from the payment of such amount signed by the Master or by or on behalf of the Ship’s Owner or his agent or
Payment of such amount to the Port Authority has been made by the person entitled to take delivery thereof.

There any goods in respect of which a notice has been given under sub-clause(a) hereof are delivered to a person producing such receipt or release, or making such payment to the Port Authority as is referred to in that sub-clause the Port Authority shall thereupon be discharged from any liability in respect of those goods.

Article (25)

Any goods for which customs duty has been paid and stored by the Port Authority may be sold by Public Auction if any charges in respect thereof are not paid within 90 days from the date charges become due.

Chapter VI : Offences and Penalties

Article (26) False Returns

Any person who makes either knowingly or recklessly, any statement which is false in any material, particularly in any return or other document, which is required or authorized to be made under this ordinance shall be guilty of an offence in accordance with this ordinance and liable to a fine up to Dirhams Five Thousand (Dh 5,000).

Article (27) Offences by Master

Any Master who contravenes the provisions of Chapter (IV) Article 14 or produces any document or gives any information which is false in any material particular, shall be guilty of an offence in accordance with this ordinance and without prejudice to any other penalties which may be provided for in this ordinance or in the commercial maritime law, be liable to a fine up to Dirhams Seven Thousand, Five Hundred (Dh. 7,500).

Article (28) Offences concerning dangerous Goods

Any person who, in contravention of the provisions of chapter (V) Article (23) delivers any goods to which that clause applies to the Port for storage shall be guilty of an offence against this ordinance and liable to a fine up to Dirhams Ten Thousand (Dh. 10,000).
Any person who is convicted of an offence under Clause (a) shall also be responsible for any loss, injury or damage, which may be caused by reason of such goods having been delivered to the Port for storage and shall also be responsible for the payment of all expenses of handling and disposal incurred by the Port Authority and court, which convicts such offender may order him to pay the amount of any such loss, injury or damage to the person suffering it.

Article (29) Navigation without A Pilot

If any is navigated in circumstances in which pilotage is compulsory and such ship does not have a pilot on board, the Master thereof shall be guilty of an offence against this ordinance and liable to a fine up to Dirhams Ten Thousand ( 10,000 Dirhams). He will also be liable to pay the pilotage , towage and mooring charges wish would have been applicable.

Article (30) Refusing the services of a Pilot

If a Master refuses the services of a pilot he shall be liable to pay double the normal pilotage dues.

Pollution

Any person or ship who causes pollution of the Port or the adjacent coastline shall be guilty of an offence and liable to a fine of up to Dirhams thirty Five Thousand (Dh. 35,000) and will be held responsible for all charges of clearance of the pollution and any damage caused to life or property.

Chapter VII : Miscellaneous

Article (31) Procedures regarding Legal Action

Where after the commencement of this ordinance any action or other legal proceeding is commenced against the Port of Fujairah for any act done in pursuance or execution or intended execution of this ordinance or of any public duty or authority there under or in respect of any alleged neglect or default in the execution of this ordinance or of any such duty or authority, the following provisions shall have affect.

The action or legal proceeding shall be commenced until at least one month after written notice containing the particulars of the claim and of the intention to commence the action or legal proceeding has been served upon the Port of Fujairah by the plaintiff or his agent.
The action or legal proceeding shall be barred unless commenced within twelve (12) months of the alleged acts.

Article (32) Government Approval for Execution of Judgement or Orders

Notwithstanding anything to the contrary in any ordinance or law :

Where any judgement or order is obtained against the Port of Fujairah no execution or attachment or process in the nature thereof shall be issued against the Port of Fujairah or against its property or the property of any person or body of persons appointed under article (4) hereof except by the previous permission of the Government.

Article (33) Sales by the Port of Fujairah

The purchaser of goods sold by public auction or by any other way in accordance with ordinance shall acquire good title thereto free of any claim by anyone and in particular by the shipper, the ship of consignee.

Article (34) Port Rules and Port Tariff

There shall be enacted from time to time Port Rules and a Port Tariff which shall be read in conjunction with but always subject to this ordinance.

Article (35) Quarantine Regulations

The Port will enact and publish from time to time, regulations for quarantine control of importation of edible foodstuffs, grains, livestock etcetera. The regulations shall be construed to be part of, and included in The Port Rules and Regulations 1982.

First Schedule The Port of Fujairah limits

The limits of jurisdictions of the Port of Fujairah are those bounded by a line drawn from :

25° 09′ 35″ N 56° 21′ 00″ E due North to 25° 10′ 05″ N 56° 21′ 00″ E thence due West for approximately 65 meters to the West side of the Old road and following the West side of the old road to 25° 11′ 30″ N thence due East to 25° 11′ 30″ N 56° 22′ 30″ E thence due South to 25° 09′ 00″ N 56° 22′ 30″ E thence due West to 25° 09′ 00″ N 56° 21′ 30″ E thence due North to 25° 09′ 35″ N 56° 21′ 30″E thence due West to 25° 09′ 35″ N 56° 21′ 00″ E and includes all waters, land and installations contained within that area.

Second Schedule Compulsory Pilotage Area

The limits of compulsory pilotage are all waters of the Port of Fujairah as defined in the First Schedule.

Third Schedule

IMCO CLASSED CARGOES OF THE FOLLOWING GOODS OR SUBSTANCES SHALL BE REGARDED AS DANGEROUS OR OFFENSIVE.

CLASS 1

Explosives

CLASS 2

Gases: compressed, liquefied or dissolved under pressure

CLASS 3

Inflammable liquids

CLASS 4

Inflammable solids, substances liable to spontaneous combustion and substances emitting inflammable gases when wet.

CLASS 4.1

Inflammable Solids.

CLASS 4.2

Substances liable to spontaneous combustion.

CLASS 4.3

Substances emitting inflammable gases when wet.

CLASS 5

Oxidizing substances and organic peroxides.

CLASS 5.1

Oxidizing substances.

CLASS 5.1

Oxidizing substances.

CLASS 5.2

Organic peroxides.

CLASS 6

Poisonous (toxic) and infectious substances.

CLASS 6.1

Poisonous (toxic) substances

CLASS 6.2

Infectious substances

CLASS 7

Radioactive substances

CLASS 8

Corrosives

CLASS 9

Miscellaneous dangerous substances.

Forth Schedule Prohibited Anchorage

All ships are prohibited from anchorage in all waters west of long. 56° 25′ E between Latitudes 25° 06′ N and 25° 13′ N. This line is approximately 2.8 miles due east of Gurfah Breakwater Light. This is to preserve the local fishing grounds.