Executive Council Resolution No. (9) of 2020

We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

• Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
• Law No. (17) of 2005 Establishing the Roads and Transport Authority and its amendments;
• Law No. (11) of 2007 Establishing the Dubai Maritime City;
• Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai and its amendments;
• Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai;
• Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai;
• Executive Council Resolution No. (11) of 2013 Issuing the Implementing Bylaw of Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai (the "Original Resolution"); and
• Executive Council Resolution No. (63) of 2016 Concerning Marine Navigational Aids in the Emirate of Dubai,

Do hereby issue this Resolution.

Superseded Articles

Article (1)

Articles (1), (2), (3), (9), (12), (15), (23), (24), (29), (30),(33), (35), and (52) of the Original Resolution are hereby superseded by the following:

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

• UAE: The United Arab Emirates.
• Emirate: The Emirate of Dubai.
• Law: Law No. (11) of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai.
• Executive Council: The Executive Council of the Emirate of Dubai.
• RTA: The Roads and Transport Authority.
• DMCA: The Dubai Maritime City Authority.
• Executive Director: The executive director of the DMCA.
• Maritime Activities: This includes without limitation Maritime Transport, inspections of Vessels, maritime safety, teaching and training on how to navigate Vessels, training on diving, training on water sports, and on other Maritime Activities which are authorised in the Emirate in accordance with the Law, this Resolution, and the resolutions issued in pursuance thereof.
• Vessel: Any vessel of any type or structure whatsoever operated on the Waters of the Emirate to transport Passengers or Goods for personal, commercial, sports, or tourism purposes.
• Establishment: A company or sole proprietorship licensed to conduct any of the Maritime Activities in accordance with the legislation in force in the Emirate.
• Licence: A document issued by the DMCA in accordance with the Law, this Resolution, and the resolutions issued in pursuance thereof, which authorises a Vessel to navigate on the Waters of the Emirate.
• Permit: A document issued by the DMCA in accordance with the requirements and rules stipulated in the Law, this Resolution, and the resolutions issued in pursuance thereof, to a Master, Seaman, Pilot, or any person working on board a Vessel or conducting Maritime Activities, which authorises him to navigate, work on-board, or pilot Vessels, or to train others on navigating or piloting Vessels.
• Authorisation: A document issued by the DMCA authorising an Establishment to conduct Maritime Activities on the Waters of the Emirate.
• Merchant Ship: A high-tonnage ship built and operated in compliance with international maritime treaties.
• Maritime Transport: An activity that involves transporting Passengers or Goods, for a fare, from one place to another within the Waters of the Emirate using a Vessel.
• Group Maritime Transport: An activity that involves group transport of Passengers, for a fare, from one place to another within the Waters of the Emirate using a Vessel.
• Passenger: Any person using a Vessel to travel from one place to another within the Emirate.
• Goods: Any livestock, agricultural, or industrial materials, equipment, or things; raw materials; or other materials, whether in liquid, solid, or gaseous state, which are transported by a Vessel within the Emirate.
• Master: A natural person authorised by the DMCA to operate and supervise the operation and management of a Vessel.
• Pilot: A natural person who is authorised by the DMCA to guide Vessels to take a safe passage when entering or exiting ports.
• Seaman: A natural person authorised by the DMCA to work on board a Vessel.
• Marine Engine Operator: A natural person authorised by the DMCA to conduct mechanical maintenance works on board a Vessel.
• Marine Electrician: A natural person authorised by the DMCA to conduct electrical maintenance works on board a Vessel.
• Nokhada: A natural person authorised by the DMCA to navigate a fishing Vessel.
• Captain: A natural person authorised by the DMCA to navigate a Vessel of a Government Entity.
• Trainer: A natural person authorised by the DMCA to train others on navigating Vessels, on water sports, on diving, on maritime safety, or on maritime education.
• Maritime Inspector: A natural person authorised by the DMCA to inspect Vessels.
• Register: A paper or electronic record maintained by the DMCA of the Vessels which are licensed for use in the Emirate.
• Registration: The record entered by the DMCA in the Register, in accordance with the Law, this Resolution, and the resolutions issued in pursuance thereof, to document ownership of a Vessel.
• Waters of the Emirate: The waters of the Emirate of Dubai lying between the Dubai-Sharjah border and the Dubai-Abu Dhabi border and extending to the exclusive economic zone, including the internal Waters of the Emirate, sea ports, marinas, canals, and waterways.
• Prohibited Areas: Areas demarcated by the DMCA and concerned entities in the Emirate where the use of Vessels is prohibited.
• Harbour: Vessel anchorage and berthing facilities, including marinas, marine sports clubs, fishing ports, private ports, marine stations, and permanent or temporary berths in the Waters of the Emirate.
• Merchant Ship Anchorage: Merchant Ship anchorage facilities located outside ports and within the Waters of the Emirate.
• Minimum Safe Manning Document: A document issued by the DMCA which contains the minimum number of crew members required to safely manage and operate a Vessel.
• Kilowatt: A measurement unit of the propulsion power of the main engines of a Vessel.
• Gross Ton: A measurement unit of the total weight capacity of a Vessel expressed in tons.

Scope of Application

Article (2)

a. Without prejudice to applicable legislation in the Emirate and international maritime treaties and conventions to which the UAE or the Emirate is a party, this Resolution will apply to: 1. Vessels navigating the Waters of the Emirate; and 2. entities and individuals conducting any Maritime Activity in the Emirate relating to using, navigating, piloting, working on board, or training the crew members of a Vessel or related to chartering or transportation by a Vessel or any other related activity.

b. Except for provisions related to security, safety, and environmental requirements applicable to Vessels, the following Vessels will be exempt from the Registration and licensing provisions stipulated in this Resolution: 1. Vessels owned by the DMCA, the Armed Forces, the Civil Defence, and the Dubai Police; 2. Vessels registered and licensed outside of the Emirate and authorised to enter the Emirate; and 3. other Vessels determined pursuant to a solution of the Chairman of the Executive Council.

Categories of Vessels

Article (3)

Vessels which are registered and licensed by the DMCA are divided into the following four (4) categories:

a. Commercial Vessels: Vessels intended for conducting business including but not limited to: 1. Charter Vessels; 2. Vessels operating in the ports of the Emirate; 3. Vessels used for construction purposes; 4. Vessels used for towing and piloting; 5. Passenger Vessels; and 6. Vessels used for transporting Goods.

b. Recreational Vessels: Vessels intended for personal use including, but not limited to: 1. Motorised Recreational Vessels, including: * Vessels less than twelve (12) metres in length; * Vessels between twelve (12) and twenty-four (24) metres in length; and * Vessels more than twenty-four (24) metres in length. 2. Non-motorised Recreational Vessels, including: * rowing boats; and * sailing boats and similar Vessels.

c. Sports Vessels: Vessels designated for conducting water sports including, but not limited to, the following Vessels and similar Vessels: 1. personal watercraft; 2. electric surfboards; 3. water vehicles; 4. hovercraft; 5. small electric boats; and 6. small petrol boats.

d. Traditional Wooden Vessels: Vessels made primarily of wood including, without limitation, small passenger boats (Abras), wooden floating restaurants, wooden tourist boats, and similar Vessels.

Licensing Procedures

Article (9)

A Licence application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1. a copy of the shipbuilder's certificate of the Vessel;
2. a valid technical inspection pass report of the Vessel issued by the DMCA or an entity approved by the DMCA;
3. a copy of the ownership document of the Vessel to be licensed;
4. a copy of the de-registration document of the Vessel in the last jurisdiction where it was registered in case of second-hand Vessels, and proof there is no lien, finance lease, or any other encumbrance on the Vessel;
5. a copy of the customs clearance certificate issued by the competent entities in the UAE, in case of Vessels imported from outside of the UAE;
6. for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or Emirates identity card; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or Emirates identity card;
7. a copy of the valid commercial licence, if the owner of the Vessel is a legal person;
8. a copy of the insurance policy of the Vessel, issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider, or by any other entity approved by the DMCA. The insurance policy must be valid throughout the validity of the Licence;
9. a copy of the radio licence;
10. a copy of the Vessel mortgage agreement concluded by its owner and the mortgagee if the Vessel is mortgaged in the UAE; and
11. any other document required pursuant to the resolutions and instructions issued by the DMCA in this respect.

Renewal of Licences

Article (12)

A Licence renewal application will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1. a valid technical inspection pass report of the Vessel issued by the DMCA or any entity approved by the DMCA;
2. for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or Emirates identity card; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or Emirates identity card;
3. a copy of the valid commercial licence, if the owner of the vehicle is a legal person;
4. a copy of the insurance policy of the Vessel, issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider, or by any other entity approved by the DMCA. The insurance policy must be valid throughout the validity of the Licence;
5. a copy of the radio licence; and
6. any other document required pursuant to the resolutions and instructions issued by the DMCA in this respect.

Variation of the Details of Licences

Article (15)

An application for variation of the Licence details will be submitted to the DMCA on the form prescribed by the DMCA for this purpose, supported by the following documents:

1. the original Licence;
2. a copy of the Vessel modification authorisation issued by the DMCA in the event of making a modification to the Vessel;
3. for UAE nationals, a copy of the family book (Khulasat Qaid) and passport or Emirates identity card; and for non-UAE nationals, a copy of the passport and a valid UAE residence permit or Emirates identity card;
4. a copy of the commercial licence, if the owner of the Vessel is a legal person;
5. a copy of the insurance policy of the Vessel, issued by an insurance company licensed to operate in the UAE as a Vessel insurance provider, or by any other entity approved by the DMCA. The insurance policy must be valid throughout the validity of the Licence;
6. a valid technical inspection pass report of the Vessel issued by the DMCA or any entity approved by the DMCA in the event of modifying the technical specifications of the Vessel;
7. attested ownership transfer document in the event of transferring the ownership of the Vessel;
8. a copy of the decree of distribution if the ownership of the Vessel devolved on the heirs of the owner;
9. mortgage discharge certificate or a no-objection certificate from the mortgagee if the Vessel is mortgaged; and
10. any other document required pursuant to the resolutions and instructions issued by the DMCA in this respect.

Reporting Damage or Destruction of Vessels

Article (23)

a. The owner or Master of a Vessel must immediately notify the DMCA of any breakdown or malfunction of the Vessel or its equipment that may compromise the safety of its Passengers or undermine its seaworthiness. The notice must state the nature, extent, and causes of the breakdown or malfunction.

b. In the event of destruction of a Vessel for any reason whatsoever, or of loss or theft of a Vessel, the owner or Master must immediately notify the DMCA and return the original Licence to it if possible. The DMCA then will, without prejudice to the rights of third parties, conduct a technical investigation into the incident and prepare the relevant report, based on which the Vessel will be struck off the Register and the Licence will be cancelled.

Authorisation of Foreign Visiting Vessels

Article (24)

A foreign visiting Vessel may navigate the Waters of the Emirate for recreation or for any other purpose, provided that the Vessel is chartered by an entity licensed to conduct business in the Emirate, and that it is issued with a Licence from the DMCA. Such an Authorisation will be valid for:

1. a renewable period of six (6) months where the Vessel will navigate the Waters of the Emirate for recreational purposes; or
2. a non-renewable period of six (6) months in case of a chartered foreign visiting Vessel.

Requirements for Granting Permits to Persons Working on Board Vessels

Article (29)

a. The requirements for granting Permits to persons working on board a Vessel will be determined in accordance with the following, taking into account the type of the Vessel: 1. Recreational Vessels: To be issued with a Permit to navigate this type of Vessels, a natural person must: a. not be less than eighteen (16) Years of age; b. pass the qualification courses determined by the DMCA to obtain a Permit to navigate that type of Vessel; c. pass the medical tests prescribed by the DMCA for this purpose; d. be familiar with local rules of marine navigation; and e. meet any other requirements determined by the relevant resolutions issued by the DMCA. 2. Commercial Vessels whose tonnage is less than five hundred (500) Gross Tons: Persons working on board such Vessels are divided into two (2) basic categories: a. Marine Navigation Category: Persons in this category must hold the required academic qualifications to occupy the following positions: 1. Master: a natural person in charge of a Commercial Vessel 2. First Mate: a natural person who is the duty officer in charge of a Commercial Vessel. 3. Seaman: a natural person assigned by the Master to perform any duties on board a Commercial Vessel, including maritime duty shifts. b. Marine Engineering Category: The power of the Vessel engine determines the qualifications of the Seamen who perform marine engineering duties on that Vessel. Such qualifications will authorise their holders to occupy the following positions: 1. 3,000 Kilowatt Marine Engine Operator: responsible for marine propulsion engines whose power does not exceed 3,000 Kilowatts; 2. 1500 Kilowatt Marine Engine Operator: responsible for marine propulsion engines whose power does not exceed 1,500 Kilowatts; 3. 750 Kilowatt Marine Engine Operator: responsible for marine propulsion engines whose power does not exceed 750 Kilowatts; 4. 3,000 Kilowatt Assistant Marine Engine Operator: assisting in operating marine propulsion engines whose power does not exceed 3,000 Kilowatts; or 5. 1500 Kilowatt Assistant Marine Engine Operator: assisting in operating marine propulsion engines whose power does not exceed 1,500 Kilowatts; or 6. Marine Electrician: in charge of electrical maintenance works on board a Vessel. 3. Traditional Wooden Vessels: A Vessel operated by a Master and other Seamen who must meet the competency requirements of persons working on board Commercial Vessels. However, the Master of a small passenger boat (Abra), must obtain a Permit to navigate Abras in accordance with the relevant requirements adopted by the DMCA.

b. To qualify for obtaining a Permit to work on board a Vessel, a person must: 1. not be below the age determined by the DMCA for navigating a Vessel; 2. pass the qualification courses determined by the DMCA to obtain the Permit; 3. pass the medical tests prescribed by the DMCA for this purpose; and 4. meet any other requirements determined by the relevant resolutions issued by the DMCA.

c. To qualify for obtaining a Pilot Permit, a person must: 1. not be below the age determined by the DMCA for navigating a Vessel; 2. pass the qualification courses determined by the DMCA to obtain the Permit; 3. pass the medical tests prescribed by the DMCA for this purpose; and 4. meet any other requirements determined by the relevant resolutions issued by the DMCA.

d. The DMCA may grant a Permit to a UAE national or UAE resident who holds a permit issued in another jurisdiction if it is established that this Permit meets the conditions and requirements adopted by the DMCA.

Validity of Permits

Article (30)

a. A Permit will be valid for a renewable period of five (5) years.

b. Notwithstanding the provisions of paragraph (a) of this Article, the DMCA may issue Permits of up to three (3) months to navigate Vessels or to work or train on navigating Vessels, in accordance with the conditions and requirements determined pursuant to a resolution issued by the Executive Director in this respect.

c. A Permit issued in accordance with paragraph (a) of this Article will be deemed cancelled, where it is not renewed within one (1) year of its expiry.

Suspension or Cancellation of Permits

Article (33)

The DMCA may revoke or suspend a Permit for a period not exceeding six (6) months where the Permit holder violates the Law, this Resolution, or the resolutions issued in pursuance thereof. A Person whose Permit is suspended or revoked must immediately surrender his Permit to the DMCA.

Training on the Conduct of Maritime Activities

Article (35)

a. No natural or legal person may provide training to another person to conduct a Maritime Activity unless he is so licensed by the DMCA.

b. An Establishment will be licensed to conduct Maritime Activities, in coordination with the competent entities in the Emirate, including the entities responsible for granting commercial licences.

Issuing Resolutions and Instructions

Article (52)

a. Where necessary, the DMCA will, in coordination with concerned Government entities in the Emirate, issue the resolutions and instructions required for the implementation of the provisions of the Law and this Resolution, and will in particular: 1. establish the criteria and requirements related to Vessel safety systems and equipment to ensure that they are fit for use and that they meet environmental requirements; 2. manage Vessel anchoring and berthing areas within the Waters of the Emirate; 3. regulate, manage, and operate the Harbours of Vessels and of marine sports clubs in the Emirate; 4. determine the main routes of the Maritime Transport network in the Emirate and the routes and areas where Maritime Activities are authorised or prohibited; 5. determine authorised speed limits; and 6. regulate floating accommodation used as residence within the Waters of the Emirate. These include floating residences, hotels, restaurants, and Vessels used for such purposes. A resolution will be issued in this respect and stipulate the requirements and procedures required for licensing these facilities.

b. In relation to implementing any provisions of the Law and this Resolution, the DMCA may propose the legislation required for the implementation of the provisions of any international maritime treaty or convention to which the UAE is a party.

Substitution of Expression

Article (2)

The expression “Pleasure Vessel” is hereby substituted by the expression "Recreational Vessel” wherever it is mentioned in the original Resolution.

Supersession of Schedules

Article (3)

Schedules (1) and (2) attached to the Original Resolution are hereby superseded by the two (2) schedules attached hereto.

Repeals

Article (4)

Any provision in any other resolution will be repealed to the extent that it contradicts this Resolution.

Publication and Commencement

Article (5)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum Crown Prince of Dubai Chairman of the Executive Council

Issued in Dubai on 15 February 2020 Corresponding to 21 Jumada al-Thaniyah 1441 A.H.

Schedule (1) — Vessel Related Fees

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¹ Every effort has been made to produce an accurate English version of this document. However, the Arabic text remains the authoritative version.