Maritime Administrative mapping in KSA
Saudi Arabia Focus
Law Update: Issue 356 - Saudi Arabia
Ahmed HashemSenior Counsel, Head of Shipping - Saudi Arabia
The Maritime Administrative is defined as consisting of three main pillars (I) Port State Control (ii) Flag State Control (iii) Costal State Control. The term “Control” is mentioned as the state extends its authority to implement the International Conventions on all vessels and shipping activities within the territorial waters.
The Maritime Administration works in many areas involving ships and shipping shipbuilding, port operations vessel operations, national security, environment and safety.
Knowing the governance structure of the Maritime Administrative is important because it determines how the authority operates and how it aligns the interest of all its stakeholders.
In the Kingdom of Saudi Arabia (“KSA”), there are several authorities that manage the functions of the Maritime Administrative, whether from the regulatory or supervisory aspects or in issuing the relevant licenses.
In this article, we have defined the functional role of each entity according to the latest updates of the Commercial Maritime Regime issued by Royal Decree No. M/33 of December 12, 2018, and the existing regulations, as follows:
TGA governs most of the flag-state activities including the following:
Navigational and operation licences.
Maritime licences.
KSA’s representative of the International Maritime Organization (IMO).
Vessel registration under the Saudi flag.
Maritime education & training.
Seafarers’ passports & certificates.
Maritime public transport.
Flag state activities / expect “ship inspection and radio station licensing“
Ship registration.
STCW certification.
IMO follow up.
Accident’s investigations.
Recognized organizations (RO’s Authorization).
Ship survey and certification.
Mawani governs the port state activities including the following:
KSA’s representative of the international organizations of ports (IALA-IAPHA & RIYADH MOU)
Tariff regulation for port dues and terminal operations
Labour regulations
Maritime accidents investigation
Agreements /concessions with private sector
Pilotage and towage regulations
Shipping agents’ licences
Ship chandlers’ licences
Port state activities:
Port state control “non-Saudi flag”
Fuel suppliers with Ministry of Energy
Dangerous goods
AIDS to navigation
VTS
Navigational warning with the National Centre for Meteorology
Bunker fuel licences
Environmental licences for marine services.
Investigating and imposing fines for marine pollution incidents.
Reception facilities licencing.
Marine waste control.
Access permits for marine sports
License for recreational boats
Search and rescue
Securing gates and ports
In conclusion, determining the functions of the governmental bodies that manage the Maritime and port sectors is extremely important to run the business smoothly, and safeguard the interest in any potential disputes.
For further information,please contact Ahmed Hashem.
Published in March 2023.
