Law concerning Ports (No. 27 of 1995)

LAWS in the Name of the People, defined by virtue of the Iraqi resolutions, .. and the International treaties and agree The Presidency of the Republic ., ,'" I ments approved thereon by Iraq, According to what have oeen decided by the j .• • . • . Tenthly : The ship - Is the floatmg umt prepared National Assembly and In ~~r;.coroance with the II . . . . . , ., , , " or speciaiized for the sea navigation as us PrOVISIOns of Article (53; O( the ConstItutIOn,! . ., '. ' . . ual and the accessorIes of tile ship required we Issued the following Law: 11 h f thereto as a part t ere 1'01 IEleventhly : The boat - Is the floating unit work Law No. (27) of 1995 I ing as usual! or prepared for, the working For the Ports in the Internal watters like boats and ves Article One : sels working with a physical eff JJ:t or auto Firstly : The Minh..¢er, Minister of Transporta- matic effort or the embankments pulled or tion and Communications. pushed. Secondly : The Establishment - The General Es- [Twelvethly : Guidance - The navigational guid tablishment of Iraqi Ports. ance of the ship to the place of its' anchor Thirdly : Director Genera:l the DG of the esta- ing or its discharging from the port or the blishment. ,., I Haven by a guide. Fourthly : The port - The region WhICh IS the [Thirteenthly : Registering : Is the Record of the Navy ships and vessels refuging and com-!\ Information concerning the ships or the ves ing and going thereto and usually, to ship sels or what come thereon of legal procedur. the goods or their unloading or HI,:' ascend, , eEl in vessels register specialized for this ing or descending of t~e persons ~nd the 1 purpose by virt.ue of the legislations infor carrying out of the official transactions con- ce and the Issuance of the certificates cerning this matter, I concerning this Issue, Fifthly : The Haven - The Region of the ships Fourteenthly: Detection - The carrying out of and boats anchoring for defined purposes the observation on the ships and vessels to like waiting - shipping, unloading or the re- confirm their competency and efficacy to formation. or to carry out other works. work and the Issuance of the certificates Sixthly : Wharf - It is a part of port or the Haven i concerning this Issue. components specialized for the anchoring of A ti I rIC e - 2 ~ the ships and vessels near it. The provisions of this law shall be valid on Seventhly : Goods - All Kinds of Industrial, agri- all the civil ports and Havens and their cultural, oil goods and products and the raw I nearly regions and the Internal waters. materials and Crudes Including the Crude 'G d . 1 Article • 3 011, as, an arumaas. I . The land and sea Boundaries for each port or Eigthly : Handing over - The transformation of , d f th h rf d th t d . a haven or the region attached thereto shall goo s rom e war. an ere 0 an . m . be demarcated by a resolution from Council SIde the warehouses, stores and squares and . . . t id th th ' I ti ithi of Ministers accordmg to a proposal by theou SI e em or elr accumu a mg WI m . . ' , . th rt l' it d th thei hi . f Minister and WIth the coordination of thee po l1IDl s an en ell' s ippmg rom . , .. authorities concerned, their place according to the Instructions IS sued by the Establishment. IArticie - 4 Ninthly : Internal waters - The waters which are! The establishment shall undertake the man The Official Gazette No. (15) 2 10-4-1996 LAWS signs, the navigative forms, the help and \ Eighthly : Defining procedures that must be f()ll. Firstly : Defining the procedure required to mai- lowed at the leaning or sinking or clashtng' ntain the safety of ports, havens, their util- of ships and vessels or breaking of fire lities, docks, and passages leading thereto. therein or any other marine incident and the Secondly : Defining the procedures concerning judicature shall undertake on necessity the water environment care, the prevention the investigation in the reasons and eondi of pollutiGll, its reduction and control there-I tions of these marine incidents up, on (and especially, emanated from shipsINinthly Organizing the using of lights, guides, and vessels), and maintaining the dleanli a gement and organization of the ports and the ness of ports and havens. issuance of the required resolutions to operate and Thirdly - Defining the procedures, arrangements develop, them and to Improve their conditions: and works concerning the wharfs, ceilings, with the coordination of the authorities ooncern.. the goods handing over and the perform ed and to carry out thereof which they should I ing of storing jobs for different kinds of do the following: - goods and the states of their reduction, da, Firstly : Putting the rules required to operate the! mage and destruction ports and Havens according to the modern Fourthly - Organizing the using of exporters, systems and styles and putting the Instruc, importers and those working- with them to tions concerning this Issue. the utilities, equipments and the possessions Secondly : Providing the services and require- of ports and havens and allowing them to ments concerning the work of ports and practice their activity within the Boundaries Havens. i of ports and havens. Thirdly : Building the wharfs and the shipping IFifthly - Defining the times, appointments, styles, Docks and their exploitation and main-: conditions and proeedunes permitted there, tenance. I by for the ships, vessels of different kinds to Fourthly : Purchasing or renting or borrowing enter the ports and havens and the other an any ship or boat to use it or exploit it for ehorage places or their departure, or the , the ports and Havens services and works by transforming therein Or' crossing or over virtue of the laws inforce. coming the water passages subject to the Fifthly : The supervising over the entering of works. drilling or expanding or the eros, the ships and vessels to the ports or havens sing of navigational outlets of bridges and as well as their departure and the control systems, over their movement. Sixthly - Organizing the operations of guidance Article - 5 - and the guide tasks by virtue of rules, pro The Director General shall undertake the cedures and practices accepted generally. management of the establishment of the establi- Seventhly : Organizing the ways of communicat shment and the implementing of their issues in ing the ships, vessels and getting therefrom the limits of the competences authorized to him or their agent about information and date by virtue of the provisions of this Law or any concerning them required to fix the other legislations and he may issue the required dates of their movements and facilitating instructions provided that they must be harmoni- their entry to ports and havens, the an zed with the provisions of the valid laws and the ehoring therein and their departure. marine agreements approved thereupon and the incident, and the judicature shall under regulations of national and International quar- take on necessity the investigatin in the antine and the rules- procedures and pratices ap- reasons and the conditions of these marine proved in general and the mstrtct: I,·,; shall con- incidents. tain as follows: The Official Gazette No. (15) 3 10.4.1.996 . ----------------------- . LAWS and ebb the fog signs, marks signs andlArticle - 7 ­ lights of observing and controlling the move-i ment of ships and vessels passing and The provisions of Transport Law No. (80) the signs of allowing the entry to the ports of 1983 shall be valid on the operations of ship­ and havens and the opening an; eloring of ment and unloading of the goods in the harbours bridges and systems bv\irtua of h1tr>rna 1 and havens. tional rules. 'Article - 8 Tenthly : Defining the technical conditions and Firstly - The director general and within the details concerning the using of vessels and! limits of harbour or haven may impose a boats for the horns, bells, whistles. lound] fine on those contravening the provisions of speakers, ~he com~oUi.',d::'d a:ud:nl svsterns.]II this Law and the h.,strt"'tiOn~ issued by its and the teicommunications equipments '<.c- VIrtue not exceeding 5000 Dinars to be col cording to the International rules. lected from the forlegn ships by the conver Eleventhly : Registering the vessels and boats I tible currency, and from the Iraqi vessels by virtue of the Law of Ships Registera- with the Iraqi currency, and shall be regi tion No, (19) of 1992 or any other 'law repla- stered as a revenue for the estr blish ces and the issuance of t;l': ccueerncd C()]~ti-I ment and in case of repetition the ficates and documents. ' contravention, a fine not exceeding 10000 Twelvethly : Putting the required procedures to Dinars shall be imposed and collected by inspect the vessels coming into the Iraqi the same way. ports and havens to be sure of their meet-: Secondly : The resolution of imposing the fine ing the Soundness and safety conditions shall not violate the right of the contrave, and auditing their documents and certifi- nor to object it before the judicature nor cates of their workers, and the inspectioi, with the right of the establishment of clai of boats for the same purpose, ming the compensation caused by the con Thirteenthly : Putting the procedures of testing travention. inspection and the detection on vessels and A t' I 9 r !c e - boats and issuing the certificates in this re- Th turns d· h b tit t fe wages, re . an ' t e su S 1 U es 0 spect, .the harbour and havens services shall be defin Fourteenthly : Defining the conditions of practis- d d th t f th '1" t die un er e cons:en a e 1\ mister accor: mg ing the profession fOT the crews of boats, t th I f th eli' t Io e proposa 0 e rec or genera hunters divers and others who wish to work .' . ffai didn I t Article - 10 -in the sea whom their a airs . t regu a e b th I . th 'The Minister may issue the instructions to y 0 er aws concernmg ~ em. . . . , , . F 'f4-, thl C . t th ,f facilitate the execution of the provtsions or this 1 teen .y: arrymg au e processes 0 extricating and floating the drowned andl Law, ruins and the searching for the fallenthings' Article - 11 in water l' The announcement of Al-Basrah port of1919 Article - 6 - and the Announcement of the ships sailing in the Firstly : Each harbour shall be managed byl internal waters of 1919 shall be abrogated. a director connected with the director gAn-IArticle - 12 eral and be responsible toward him and This law shall come into force after elapsing shall. be authorized the competences requir-i 180 days from the date of its publication in the ed to manage the harh. ',,:r'. (Port). iOfficial Gazette. Secondly : The director of each harbour mayl Made at Baghdad this the thirteenth day of communicate with the authorities concern-j.Iumada AI- Akhira of 1416 Hijra corresponding ed of the harbour work to take their opninionl the sixth day of November 1995 A.D. I concerning the solving of the problems fa-; Saddam Hussain I cing the harbour works and within the li- President of the Republic mits of its competences with due regard of (published in the Alwaqai Aliraqiya the provisions of valid laws. (AI'. Edit.,) No. (3590) of 20-11-1995). . --------~------------------, rhe Official Gazette No. (15) i Printed at Dar Al- Hnrriya Press - BaJ{hdad 10-4-1996 Price - 50 Dinars