CODE de COMMERCE (Moroccon Law)English

8/3/2019 CODE de COMMERCE (Moroccon Law)English

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MMAARRIITTIIMMEE CCOOMMMMEERRCCIIAALL LLAAWW


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CONTENTS

PAGES

I. MARITIME COMMERCIAL LAW

APPENDIX I OFDAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337)

ENACTING MARITIME COMMERCIAL LAW

BOOK I : ON THE MARITIME NAVIGATION PLAN

PART I : ON MARITIME NAVIGATION........................................................9

CHAPTER I : DEFINITIONS ....................................................................................... 9CHAPTER II : ON FEES WHICH FITTING-OUT IS SUBJECT TO .......... 10CHAPTER III : ON TONNAGE MEASUREMENT OF SHIPS...................................... 11

CHAPTER IV : ON SHIPS PAPERS............................................................................. 11CHAPTER V : ON THE MOROCCAN FLAG.............................................................. 26

PART II : ON SHIPS REGISTRATION........................................................... 27

CHAPTER I : ON MARITIME DISTRICTS................................................................. 27CHAPTER II : ON REGISTRATIONS AND HOME PORT REGISTER,

ON SHIPS NAMES AND MARKS................................. 28CHAPTER III : ON CHANGES OF OWNERSHIP........................................................ 29

PART III : ON OPERATING SHIPS.................................................................... 30

CHAPTER I : ON OCEAN TRADE, COASTAL NAVIGATION, INSHORENAVIGATION AND FISHING ............................................................. 30

CHAPTER II : ON CREDENTIALS AND REQUIREMENTS TO DRIVE ANDHOLD THE POSITIONS OF DECK OFFICER AND MARINE-ENGINEER OFFICER ON BOARD TRADING AND FISHINGSHIPS.............................................................................. 31

CHAPTER III : ON REGULATIONS TO WARN COLLISIONS................................. 32

PART IV : ON THE REPRESSION OF INFRINGEMENTS ............................ 32

CHAPTER I : COMPETENCE AND PROCEDURE ................................................... 32CHAPTER II : INFRINGEMENTS AND PENALTIES................................................. 33

BOOK II : ON SHIPS............................................................................................... 34

PART I : ON THE LEGAL STATUS OF SHIPS............................................... 34CHAPTER I : ON THE NATURE AND PROPERTY OF SHIPS .............................. 34CHAPTER II : ON MARITIME LIENS AND MORTGAGES...................................... 36CHAPTER III : ON SEIZURE AND SALE OF SHIPS................................................... 41

PART II : ON SHIP-OWNERSANDFITTERS OUT........................................ 43


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PART III : ON THE COMMANDING OFFICER............................................... 46

PART IV : ON THE CREW................................................................................... 49

CHAPTER I : ON SHIPS ARTICLES, ITS FORMS AND RECOGNITION.............. 49

CHAPTER II : ON SAILORS OBLIGATIONS TOWARDS THE FITTER OUT,ON THE MAKE-UP OF THE CREW AND ON REGULATIONSOF WORK ON BOARD......................................................................... 50

CHAPTER III : ON FITTER OUTS OBLIGATIONS.................................................... 52CHAPTER IV : ON THE TERMINATION OF THE HIRING CONTRACT.................. 59CHAPTER V : ON LITIGATIONS BETWEEN FITTERS OUT AND SAILORS ....... 62

BOOK III : ON SEA TRANSPORT, SEA RISKS AND MARINE

INSURANCES...................................................................................... 63

PART I : ON THE MARITIME CONTRACT OF CARRIAGEIN GENERAL.... 63

CHAPTER I : ON THE EXECUTION AND PROOF OF THE CONTRACTOF CARRIAGE ...................................................................................... 63

CHAPTER II : ON THE RECIPROCAL OBLIGATIONS OF THE PARTIES............. 64CHAPTER III : ON EXTINGUISHMENT AND EXEMPTION FROM

OBLIGATIONS...................................................................................... 68

PART II : ON CERTAIN PARTICULAR CONTRACTS ................................. 70

CHAPTER I : ON TIME FREIGHTING............................................................... 70CHAPTER II : ON THE TRANSPORT OF PASSENGERS......................................... 71CHAPTER III : ON TOWING......................................................................................... 73

PART III : ON SEA RISKS..................................................................................... 73

CHAPTER I : ON COLLISIONS .................................................................................. 73CHAPTER II : ON ASSISTANCE AND RESCUE ....................................................... 74CHAPTER III : ON AVERAGES..................................................................................... 76CHAPTER IV : ON THE RESPONDENTIA LOAN .......................................................79

PART IV : ON INSURANCES AND ABANDONMENT..................................... 80

CHAPTER I : ON THE INSURANCE CONTRACT, ITS FORMS ANDITS OBJECT. 80

CHAPTER II : ON THE OBLIGATIONS OF THE INSURER ANDTHE ENSURED. 81

CHAPTER III : ON ABANDONMENT.......................................................................... 84CHAPTER IV : ON DEMURRERS AND REGULATIONS .......................................... 86


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II. ENFORCEMENT TEXTS OF APPENDIX I OFDAHIR OF

31 MARCH 1919 (28 JOUMADA II 1337)


II.1. MARITIME NAVIGATION .................................................................................. 88

1.a. DECREE OF 24 SEPTEMBER 1926 RELATING TO THE OPERATIONS OFTONNAGE MEASUREMENT OF SHIPS................................................................. 88

1.b. DECREE OF 22 APRIL 1927 RELATING TO SAFETY NAVIGATION ONBOARD OF SHIPS AND BOATS WHOSE GROSS TONNAGE DOES

NOT EXCEED 25 TONS .......................................................................................... 89

1.c. DECREE OF 17 MAY 1929 BEARING CREATION AND FIXING OFA WIRELESS TELEGRAPHIC TAX RELATED TO WEATHER MESSAGESADDRESSED TO SHIPS AT SEA AND TO EMISSIONS USED FOR

RADIOGONIOMETRIC BEARINGS ..................................................................... 91

II.2. REGISTRATION OF SHIPS.................................................................................. 91

2.a. DAHIR OF 2 MAY 1933 RELATIVE TO THE REGISTRATIONOF TRADING SHIPS............................................................................................... 91

2.b. DAHIR OF 27 MAY 1935 (24 SAFAR 1354) RELATIVE TO THEREGISTRATION OF FISHING VESSELS ............................................................ 92

2.c. DECREE OF 25 FEBRUARY 1961 FIXING THE CODES OF HOME PORTSOF SHIPS REGISTERED UNDER THE MOROCCAN FLAG ............................ 92

2.d. DAHIR OF 24 OCTOBER 1962 RELATING TO THE CONDITIONS OFGRANTING OR MAINTAINING OF MOROCCAN NATIONALITYFOR CERTAIN FISHING VESSELS ...................................................................... 93

2.e. DECREE OF 4 DECEMBER 1962 LAYING DOWN THE METHODS OFENFORCEMENT OF DAHIR OF 24 OCTOBER 1962 RELATIVE TOTHE CONDITIONS GRANTING OR MAINTAINING MOROCCAN

NATIONALITY FOR CERTAIN FISHING VESSELS......................................... 93

II.3. SAFETY OF MARITIME NAVIGATION .......................................................... 94

3.a. DAHIR OF 13 SEPTEMBER 1952 RELATING TO THE RADIO-COMMUNICATIONS SYSTEMS ABOARD MOROCCAN SHIPSAND FIXING THEIR OBLIGATIONS FROM THE WIRELESSTELEGRAPHIC AND WIRELESS TELEPHONIC POINT OF VIEW ......... 94

3.b. DECREE OF 24 JANUARY 1957 RELATING TO WIRELESSTELEPHONIC INSTALLATIONS ABOARD SHIP

(TRANSMITTER, AUTO-ALARM) ... 96


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3.c. DECREE OF 24 JANUARY 1957 FIXING THE TECHNICALREQUIREMENTS WHICH AUTOMATIC RADIO-TELEPHONICALARM TRANSMITTERS MUST MEET .... 97

3.d. DECREE OF 25 OCTOBER 1963 RELATING TO THE DEPARTURE

FORMALITIES OF YACHTS ............................................................................... 99

3.e. DECREE OF 25 OCTOBER 1963 RELATING TO THE DEPARTUREDECLARATION OF SHIPS WITH A GROSS TONNAGE LOWER THAN500 TONS................................................................................................................. 99

3.f. DECREE OF 25 OCTOBER 1963 FIXING THE COMPOSITION ANDOPERATION OF THE COMMISSIONS OF NAUTICAL SAFETYINSPECTION.... 100

3.g. DECREE OF 25 OCTOBER 1963 RELATING TO THE VARIOUSFORMALITIES AND CONDITIONS TO BE MET FOR THEDELIVERY AND RENEWAL OF SAFETY INSTRUMENTSAND FOR DEPARTURE DECLARATION........................................................... 109

3.h. DECREE OF 7 NOVEMBER 1963 DETERMINING THE SYSTEMAPPLICABLE AS REGARDS NAUTICAL SAFETY FOR SHIPS OFGROSS TONNAGE LOWER THAN 500 TONS .................................................... 122

3.i. DECREE OF 21 MAY 1964 FIXING THE RATES OF FEES ANDTRAVEL ALLOWANCES ALLOCATED WITH NON CIVIL SERVANTMEMBERS OF THE INSPECTION COMMISSIONS OF YACHTS ANDFISHING AND TRADIND SHIPS.......................................................................... 126

II.4. MARITIME MORTGAGES ................................................................................. 126

4.a. DECREE OF 4 MAY 1920 FIXING THE TARIFF OF FEES TO BECOLLECTED IN TERMS OF MARITIME MORTGAGE ..................................... 126

4.b. DECREE OF 10 JANUARY 1975 RELATING TO THE REGISTRATIONOF MARITIME MORTGAGES .............................................................................. 127

II.5. MARINERS............................................................................................................... 128

5.a. DAHIR OF 21 JANUARY 1922 MAKING COMPULSORY FORMOROCCAN SAILORS THE POSSESSION OF AN INDIVIDUALMARITIME BOOKLET ........................................................................................... 128

5.b. DECREE OF 7 APRIL 1934 FIXING THE PROPORTION OF SAILORSOF MOROCCAN NATIONALITY WHICH SHALL BE EMBARKEDABOARD SHIP FITTED UNDER THE MOROCCAN FLAG .............................. 129

5.c. DECREE OF 12 MARCH 1959 REGULATING THE PROPORTION OF


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MOROCCAN SAILORS TO BE EMBARKED ON SHIPS FITTED FORDEEP-SEA FISHING, REGISTERED WITH THE MARITIME DISTRICTOF TANGIER .......................................................................................................... 130

5.d. DECREE OF 25 FEBRUARY 1961 FIXING THE REQUIREMENTS

TO CAMMAND AND HOLD THE POSITIONS OF DECK OFFICERAND MECHANIC ASSISTANT ABOARD TRADING ANDFISHING SHIPS ....................................................................................................... 130

5.e. DECREE OF 25 FEBRUARY 1961 FIXING THE CONDITIONS OFDELIVERY OF THE CERTIFICATES REQUIRED OF COMMANDINGOFFICERS, SKIPPERS, FIRST OFFICERS OR LIEUTENANTS,AS WELL AS CHIEF ENGINEERS AND MECHANIC ASSISTANTSON FISHING AND TRADIND SHIPS................................................................. 136

5.f. DECREE OF 30 JANUARY 1964 FIXING THE RATE OF CONTRIBUTION

OWED TO THE NATIONALE SOCIAL SECURITY FUND BY SEAFISHERMEN REMUNERATED BY THE SHARE............................................... 141

5.g. DAHIR OF 9 JULY 1945 BEARING EXTENSION TO SOME CATEGORIESOF SAILORS OF THE LEGISLATION ON INDUSTRIAL ACCIDENTS............ 141

5.h. DECREE OF 9 JULY 1945 DETERMINING THE METHODS OFENFORCEMENT OF DAHIR OF 9 JULY 1945 BEARINGEXTENSION TO CERTAIN CATEGORIES OF SAILORS OF THELEGISLATION ON INDUSTRIAL ACCIDENTS . 143

II.6. MARITIME COLLISION...................................................................................... 145

6.a. DECREE OF 11 DECEMBER 1965 BEARING REGULATIONTO PREVENT COLLISIONS AT SEA.INTERNATIONAL REGULATION OF 1972 TO PREVENTCOLLISIONS AT SEA ........................................................................................... 145

II.7. MARINE INSURANCES...................................................................................... 162

7.a. DECREE OF 18 SEPTEMBER 1951 RELATIVE TO THE ORGANIZATION

OF THE MARINE INSURANCE MARKET .......................................................... 162III. LEGISLATION AND REGULATION SUPPLEMENTING THE

MARITIME COMMERCIAL LAW.................................................................... 164

III.1. MARITIME WRECKS ........................................................................................ 164

1.a. DAHIR OF 23 MARCH 1916 ON MARITIME WRECKS ..................................... 164

III.2. MEDICAL POLICE............................................................................................ 166

2.a. DAHIR OF 5 JANUARY 1916 BEARING REORGANIZATION OFMARITIME MEDICAL POLICE ............................................................................ 166


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2.b. VIZIRIAL DECREE OF 23 NOVEMBER 1946 BEARING ORGANIZATIONOF SANITARY CONTROL AT THE TERRESTRIAL, MARITIMEAND AIR BORDERS .............................................................................................. 181

III.3. MARITIME PUBLIC DOMAIN ......................................................................... 183

3.a. DAHIR OF 1 JULY 1914 ON THE PUBLIC DOMAIN ........................................... 183

III.4. MARITIME PUBLIC DOMAIN POLICE ........................................................ 184

4.a. DAHIR OF 2 NOVEMBER 1926 ON THE MARITIME PUBLICDOMAIN POLICE................................................................................................... 184

4.b. DAHIR OF 14 SEPTEMBER 1932 CONCERNING POLICE MEASURESAPPLICABLE TO FOREIGN SHIPS STAYING OR CIRCULATINGIN THE TERRITORIAL WATER OF THE KINGDOM OF MOROCCO. 185

III.5. MARITIME PILOTING...................................................................................... 186

5.a. DAHIR OF 20 FEBRUARY 1937 BEARING REORGANIZATIONOF THE PILOTING SERVICE OF THE PORT OF CASABLANCA ................... 186

5.b. DAHIR OF 31 MAY 1937 ON THE CIVIL LIABILITY OF THE PILOTSOF THE PILOTING STATION OF THE PORT OF CASABLANCA .................. 191

5.c. DECREE OF 20 FEBRUARY 1937 CONCERNING THE OPERATIONOF THE PILOTING SERVICE OF THE PORT OF CASABLANCA ................... 191

5.d. DECREE OF 31 MAY 1937 RELATING TO THE BAIL OF THE PILOTSOF THE PILOTING STATION OF THE PORT OF CASABLANCA .................. 198

III.6. MARITIME BROKERAGE................................................................................ 200

6.a. DAHIR OF 22 JULY 1953 RELATING TO MARITIME BROKERAGE .............. 200

III.7. ORGANIZATION OF TRANSPORT ................................................................ 202

7.a. DAHIR OF 25 SEPTEMBER 1962 BEARING ORGANIZATION OF

MARITIME TRANSPORT ........................................................................................ 2027.b. DECREE OF 24 OCTOBER 1962 RELATIVE TO ORGANIZATION

MARITIME TRANSPORT ..................................................................................... 203

IV. DISCIPLINARY AND PENAL SYSTEM OF THE MERCHANT NAVY

APPENDIX II OFDAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337)

BEARING DISCIPLINARY AND PENAL CODE OF THE MERCHANT NAVY

PART I: PRELIMINARY PROVISIONS ................................................................... 204

PART II ON FAULTS OF DISCIPLINE.................................................................... 205


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CHAPTER I: ON THE AUTHORITIES QUALIFIED TO STATE ANDDETERMINE FAULTS OF DISCIPLINE .. 205

CHAPTER II: ON FAULTS OF DISCIPLINE AND THEIR PUNISHMENT.............. 206

PART III: ON MARITIME OFFENCES.................................................................... 207

CHAPTER I: ON JURISDICTION AS REGARDS MARITIME OFFENCES.............. 207CHAPTER II: ON MARITIME OFFENCES AND OF THEIR PUNISHMENT........... 207

PART IV: ON MARITIME CRIMES .......................................................................... 209

CHAPTER I: ON JURISDICTION AS REGARDS MARITIME CRIMES ................... 209CHAPTER II: ON MARITIME CRIMES AND THEIR PUNISHMENT ...................... 209

PART V: GENERAL PROVISIONS ........................................................................... 209


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I. MARITIME COMMERCIAL LAW

APPENDIX I OF DAHIR (ROYAL DECREE) OF 31 MARCH 1919

(CORRESPONDING TO 28 JOUMADA II 1337 ANNO HEGIRAE)


(OFFICIAL GAZETTEOF 26 MAY 1919).

BOOK I: ON THE MARITIME NAVIGATION PLAN

PART ONE: MARITIME NAVIGATION

CHAPTER ONE: DEFINITIONS

ARTICLE 1: Navigation shall be called maritime when it is practised at sea, in ports androadstead, on lakes, ponds, channels and parts of rivers where water is salted and

communicates with the sea.

ARTICLE 2: A ship is a vessel which usually practises such navigation.

ARTICLE 3 (a):(Modified byDahirof 18 May 1930 - 19 Hijja 1348).

Boats of any tonnage could be nationalized as Moroccan provided that:

a. They have their home port in the Kingdom of Morocco;b. (Modified byDahirof 2 May 1933 - 7 Moharrem 1352). They usually carry out a navigation which

involves, in a direct and principal way, port traffic in the Kingdom of Morocco, or, in thecase of fishing vessels, they usually unload the yield of their fishing in Morocco.

c. They belong in a proportion of three quarters at least to Moroccan nationals. Where boatsare the property of business corporations or limited partnerships, this condition shall beregarded as fulfilled when the majority of members of the Board of Directors or of theBoard of Trustees are Moroccan citizens and, in addition, the Chairman of the Board ofDirectors, the Manager or the Managing Director is Moroccan.

d. (Added byDahirof 7 April 1934 - 22 Hijja 1352).Their crew is made up of sailors of Moroccan nationality in a proportion to be fixed, for thevarious kinds of navigation, by a Ministerial Decree. However, in the case of boats (shipsand crafts) intended for practising Moroccan coastal traffic, inshore navigation and fishing

under the conditions of article 52 hereafter, and for which the above condition is notfulfilled, the authorization to make them sail under the Moroccan flag can be speciallygranted to their owners, when these have been settled in Morocco for at least one year or, ifthese boats belong to a company, when this company has its registered office in Morocco.

ARTICLE 3 (b): (Added byDahirof 3 August 1957 - 6 Moharrem 1377).Notwithstanding the provisions of article 3, ships which will have their home port in Tangierand which will be intended to practise deep-sea navigation, near sea traffic or high-sea fishingmay acquire the Moroccan nationality if they meet the following conditions:

a. If they have their home port in Tangier;

b. If they make at least one stopover in Tangier every six-months;


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c. If they belong to private individuals domiciled in Morocco or to companies having theirregistered office in Tangier, or whose subsidiary company has its registered office in this

port.

However ships equipped for high-sea fishing must have their crew made up of sailors of

Moroccan nationality in a proportion to be fixed by decree.

CHAPTER II: ON THE FEES WHICH FITTING OUT IS SUBJECT TO

ARTICLE 4:(Modified byDahirNo.1-84-54 of 27 April 1984 - 25 Rejeb 1404, bearing Financial Law forthe Year 1984).

Boats (ships and crafts of all kinds) shall only fly the Moroccan flag after payment of thetaxes indicated below:

Up to 2 tons inclusive ............................................................... 10 DH

Above 2 and up to 5 tons inclusive .......................................... 20 DHAbove 5 and up to 10 tons inclusive......................................... 50 DHAbove 10 and up to 25 tons inclusive....................................... 75 DHAbove 25 and up to 50 tons inclusive....................................... 100 DHAbove 50 and up to 100 tons inclusive..................................... 150 DHAbove 100 and up to 150 tons inclusive................................... 200 DHAbove 150 and up to 250 tons inclusive................................... 250 DHAbove 250 and up to 500 tons inclusive................................... 500 DHAbove 500 and up to 1000 tons inclusive................................. 2,000 DHAbove 1000 and up to 3000 tons inclusive............................... 4,000 DHAbove 3000 and up to 7000 tons inclusive............................... 6,000 DH

Above 7000 and up to 10000 tons inclusive............................. 8,000 DHAbove 10000 and up to 20000 tons inclusive........................... 12,000 DHAbove 20000 and up to 50000 tons inclusive........................... 16,000 DHAbove 50000 tons..................................................................... 20,000 DH.

However, for any nationality deed delivered to ships, high-speed motorboats and boatsequipped as yachts of more than 10 tons, a fixed fee of 500 Dirhams shall be due.

In addition to these taxes, all ships and boats, including crafts of less than 2 tons shall pay afixed fee of 200 Dirhams, as well as the parchment price fixed at 100 Dirhams. The tonnageused as a basis for taxes is the gross tonnage of ships.

ARTICLE 5:(Modified byDahirNo.1-84-54 of 27 April 1984 - 25 Rejeb 1404, bearing Financial Law forthe Year 1984).

The fees fixed in the preceding article shall be settled by the Navigation Authority andcollected by the Customs Authority, payable at once on the day of handing over thenationality deed.

ARTICLE 6: Shall be exempted from the fees fixed in article 4:

1. Boats exempted from the compulsory authorization known as registration authorization, inaccordance with article 11 hereafter;

2. Boats belonging to public administrations;


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3. Minesweepers and their appendices, as well as those employed by the ports and channelsauthority.

The deed delivered to minesweepers and their appendices shall specify the nature andduration of their mission.

CHAPTER III: ON TONNAGE MEASUREMENT OF SHIPS

ARTICLE 7: Prior to proceeding with the acts relative to fitting out a boat under theMoroccan flag, its owner shall subject it to measurement.

ARTICLE 8: Tonnage measurement is the official statement of a boats usable capacity.

Tonnage measurement of boats, the inventory of their appendices and their description shallbe carried out by the Navigation Authority, which shall draw up a certificate at the expensesof the owner, manufacturer or ships agent, who shall provide said Authority with the meansto carry out such operations.

These operations shall give rise to no special fee apart from the actual expenses.

ARTICLE 9: Rules applicable at any time, in the French zone of the Cherifian Empire, forthe tonnage measurement of boats flying the Cherifian flag, shall be those in force in Franceat the same time.

ARTICLE 10: The figure of the net tonnage shall be engraved on the back face of themidship beam or of the front coaming of the large panel, in Arab numerals of 8 centimetres

high and 2 centimetres wide script. In order to facilitate the checks by the NavigationAuthority, fixed marks could be affixed by said Authority at points where sizes were takenand used to calculate tonnage.

CHAPTER IV: ON SHIPS PAPERS

ARTICLE 11: Boats of any species must have on board:

1. A nationality deed;2. An authorization;

3. A crew register;4. A health licence, in all cases where this document is required by the legislation on medicalpolice;5. The navigation permit; and6. in the cases and conditions provided for in article 143 hereafter, a log book and a ship log.

These documents constitute on-board documents and are rigorously obligatory.

Shall, however, be exempted from on-board documents boats and launches depending on aMoroccan ship and appearing on its inventory.Moreover, shall have as sole on-board document an authorization known as registrationauthorization, renewable annually:


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a. Boats which sail in the same roads or the same river;b. Boats of 2 tons and below used for fishing;c. Pleasure boats of 10 tons and below.

SECTION ONE: ON THE NATIONALITY DEED

ARTICLE 12: The nationality deed is the document which states the boats right to fly theMoroccan flag and guarantees to said boat the advantages and protection due to Moroccannavigation. It is drawn up on parchment in the name of His Majesty the King and bears thesignature of the Minister of Maritime Fishing and Merchant Navy or his delegate. The deed isdelivered by the Navigation Authority of the home port.

The nationality deed shall include a description of the boat. It shall affirm that the boat has been measured, that the certification or oath has been received, and that the guarantee, ifapplicable, has been paid. It shall, moreover, state the boats home port, name, species,

registration number, official tonnage, the name(s) of its owner(s), the place and year of itsbuilding or the circumstances which justified its naturalization.

ARTICLE 13: The owner shall, prior to the delivery of the nationality deed, file a statementwith the clerk office of the court of peace of the district of his residence or the place where heelected domicile, his nationality, and, if necessary, provide any and all indications relating tohis joint owners or persons having real rights over the boat, or otherwise to affirm being theonly and single owner thereof.

Minutes of this statement, supported if necessary by an oath, shall be drawn up by the courtsClerk; the minutes shall be entered in the minutes register of the courts clerk office and acopy thereof shall be delivered to the informant, who shall present the boat to the NavigationAuthority for the execution of the tonnage certificate.

ARTICLE 14: In addition to the minutes of the statement just above-mentioned, the owner ofa boat of 20 tons and above shall give to the port office, by way of regular act, tender andguarantee on his own boat and other property:

1. 20 francs per ton, for boats from 20 to 99 tons;2. 30 francs per ton, for boats of 100 tons and above.

The guarantee shall only be withdrawn by the Navigation Authority if the owner contravenesthe provisions of articles 19, 27 and 44 of thisDahir. Owners of boats measuring less than 20tons shall be exempted from providing such guarantee.

ARTICLE 15: The owner shall not sell, give or lend the boats nationality deed; he shall onlymake use thereof for the boat to which the deed is granted and shall bring it back to one of theoffices of the Navigation Authority in any port of the Kingdom of Morocco to be cancelled, ifthe boat is either sold, or taken by the enemy, or otherwise burnt or lost in any other manner.

Such handing-over shall be made within one month, if the loss or sale takes place in the

waters or ports of the Kingdom of Morocco; within three months, if the sale or loss takesplace outside the Kingdom.


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In addition to the penalties set forth for any infringement of the provisions of this article, suchinfringements may give rise to seizure of the ship, which shall take place in accordance withthe rules provided for in maritime mortgage matters, at the request of the maritime authority.

ARTICLE 16: If the nationality deed of a boat is lost, the owner shall file a declaration with

the clerk office of the court of peace of his place of residence or elected domicile; he shallindicate, in support, the circumstances in which the loss took place. These declarations shall

be drawn up in minutes, a copy of which shall be delivered by the clerk to the owner.

The owner may obtain a new nationality deed, provided he observes the same formalities andis subject to the same guarantee, tender, declaration and payment of the fees as for obtainingthe deed which was lost.

In the case of giving back the Cherifian flag to an old Moroccan boat sold abroad, the ownershall follow the same formalities and be subject to the same obligations as for obtaining a

nationality deed in the first place.

ARTICLE 17:(Modified byDahirNo.1-84-54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law forthe Year 1984).If renewal of the nationality deed is required due to depreciation or for any other cause, onlythe price of the parchment, fixed at 100 Dirhams, shall be due.

ARTICLE 18: If, after delivery of the nationality deed, the boat is altered in terms of form,tonnage or in any other way, the owner shall obtain a new nationality deed, otherwise the boatwill be considered as foreigner. The same goes for a boat which, by exceptional measure, isauthorized to change its name. In both cases, the renewal of the deed shall only give rise tothe payment of the price of the new parchment.

ARTICLE 19: It is also necessary to justify the impossibility of bringing back a boat to a portof the Kingdom of Morocco due to a force majeure, such as capture, shipwreck, stranding andloss, judgment following damage, to obtain crossing out from submissions upon the deliveryof nationality deed.

The documents necessary for such justification shall be provided by the owner to the Navigation Authority of the port, which authority shall, if necessary, carry out aninvestigation. These documents are as follows:

If the boat was subject to a shipwreck, the detailed report of the commanding officer or,failing this, the report of crew members who escaped the shipwreck. If the boat is lost with allhands, a notary deed certifying its loss, and, in all the cases, any authentic officialdocuments reporting in detail the boats fate.

ARTICLE 20 (a): Where a Moroccan boat, due to its state of depreciation, must bedismembered, the owner shall file a statement with the Navigation Authority of the port,which shall ensure that the boat in question is actually the one mentioned in the nationalitydeed.


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Once the identity is established, the same authority shall ensure the actual demolition anddraw up minutes, a copy of which shall be given to the owner, so that he may proceed withcancelling the submissions relating to the dismembered boat and have its name crossed outfrom the register of the port office where it was registered.

ARTICLE 20 (b): (Added byDahirof 18 May 1930 - 19 Hijja 1348).The nationality deed may be withdrawn if the requirements of article 3, for obtaining thesame, cease to be met.

SECTION II: ON THE AUTHORIZATION

ARTICLE 21: The authorization is the instrument delivered by the Navigation Authority ofthe home port to state that the boat is still in the right to fly the Moroccan flag. It affirms theidentity of the boat to which it is delivered with that which is subject to the nationality deed.The special authorizations delivered in the form of registration authorizations for certain

boats, in accordance with article 11, shall be drawn up in the same form as the others, with theonly difference that they are marked at the top Registration Authorization.

ARTICLE 22: Apart from the exceptions provided for in article 11 above, no boat, whateverits capacity, shall practice maritime navigation without being provided with an authorization.

ARTICLE 23: The authorization shall be signed by the Director General of Public Works orhis delegate.

ARTICLE 24: While indicating the serial number of the nationality deed, the authorizationshall restate all the indications of this deed relating to the boat.

ARTICLE 25: The authorization shall be valid for one year when the boat makes severalvoyages in the year, and for the whole duration of the voyage when this voyage lasts morethan one year.

ARTICLE 26: The authorization shall treated as a nationality deed for the repression offrauds which it may give rise to.

The provisions of article 20 shall be applicable as regards the authorization.

ARTICLE 27: (Modified byDahirNo.1-84-54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law forthe Year 1984).Annual fees to be settled by the services of the Merchant Navy and collected by the CustomsAuthority for the delivery of the authorization shall be fixed, by boat, as follows:

From 2 up to 5 tons inclusive 30 DHAbove 5 and up to 10 tons inclusive 50 DHAbove 10 and up to 25 tons inclusive 75 DHAbove 25 and up to 50 tons inclusive 100 DHAbove 50 and up to 100 tons inclusive 150 DH

Above 100 and up to 150 tons inclusive 200 DHAbove 150 and up to 250 tons inclusive 250 DH


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Above 250 and up to 500 tons inclusive 300 DHAbove 500 and up to 1.000 tons inclusive 400 DHAbove 1,000 and up to 3.000 tons inclusive 500 DHAbove 3,000 and up to 7.000 tons inclusive 700 DHAbove 7,000 and up to 10000 tons inclusive 900 DH

Above 10,000 tons 1,000 DH.

For the delivery of the authorization known as registration authorization, as defined in article21, the price of the parchment fixed at 30 Dirhams shall be collected.

However, for ships, high-speed motorboats and boats equipped as yachts, 300 Dirhams shall be collected for the delivery of the registration authorization (ships whose gross tonnage islower or equal to 10 tons).

SECTION III: ON THE CREW REGISTER

ARTICLE 28:(Modified byDahirNo. 1. 84.54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law forthe Year 1984).To each boat admitted to fly the Moroccan flag, a numbered and initialled register shall bedelivered, to serve as crew roll, on which shall be affixed arrival and departure visas.

On the first page of this register shall be indicated the boats name and species, home port,folio and registration number, legal tonnage, place and date of building, sale date (if it is offoreign construction), names, first names, nicknames and capacity of the owner(s), of thecommanding officer, the kind of navigation, coastal traffic or fishing, which the boat isintended to carry out, the number and species of the boats appendices which should really beembarked on board.

The crew register shall contain the filial status of each crew member, with the terms andconditions of his recruitment. The delivery of the crew register shall be carried out by theservice of the Merchant Navy of the home port. Its renewal shall be made at the same officeand shall entail the deposit of the exhausted register in the archives of said office.

The delivery and renewal of the crew roll shall give rise to the collection of a fee fixed at 2.50Dirhams per sheet used (cover and slip sheets included). This fee shall be settled by theservice of the Merchant Navy and collected by the Customs Authority.

When the crew register is exhausted in the course of voyage, the commanding officer shallseek to obtain the delivery by the Navigation Authority of the port, if the boat happens to beon the coast line of the Kingdom of Morocco, or by the consular authorities if it happens to bein a foreign port, of a new register in the first case and a provisional roll sheet, in both cases,which it shall upon its return present to the office of the home port, together with theexhausted register.

ARTICLE 29:(Abrogated byDahirof 24 September 1928 - 9 Rebia II 1347).

ARTICLE 30: Agents of the Navigation Authority in the Kingdom of Morocco, civilservants of maritime registration in Morocco and Moroccan consular authorities abroad shall,


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each time they deem it useful, and at least once a year, with respect to the agents of theNavigation Authority in the Kingdom of Morocco, inspect the crew register of any Moroccanboat present in the port, regardless of the registration district of said boat.

They shall affix their visa on such instruments with the date of registration and any remarks

which such inspection may have given rise to.

ARTICLE 31: Any commanding officer shall exhibit his crew register upon any requisitionof the coastguard commanders, port officers, customs agents and judiciary police officers inthe Kingdom of Morocco, as well as of civil servants or agents of maritime registration inMorocco or the consular Moroccan authorities abroad.

In case of absence of the crew register, minutes shall be drawn up against the offender by thecivil servant or duly authorized agent who has not been able to obtain communication of saidregister.

The minutes thus drawn up shall have probative force until a proof to the contrary.

In default of minutes or in case these instruments are insufficient, infringements could beproven by any other means of common law.

SECTION IV: ON THE HEALTH LICENCE

ARTICLE 32: The health licence shall be executed in accordance with the provisions ofDahirof 5 January 1916 (28 Safar 1334), bearing reorganization of the maritime medicalpolice.

SECTION V: ON SAFETY INSTRUMENTS(Modified as follows,Dahirof 13 May 1959 - 5 Kaada 1378).

ARTICLE 33(a): For the purpose of implementing the provisions which follow, shall beconsidered:As ship any vessel as well as any floating device, such as dredger, carrier, cistern, barge, ofwhatever tonnage, carrying out any navigation in maritime waters, either by its own means, or

by the tow of another ship;As passenger ship any ship carrying more than twelve passengers.

SAFETY INSTRUMENTS

ARTICLE 33 (b): (Added byDahirof 6 July 1953 - 24 Chaoual 1372).

1. Any Moroccan ship shall be provided with:- A navigation permit delivered by the administrative authority appointed by the Under-

Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy;- A freeboard certificate delivered by a company of recognized classification;- If necessary, an exemption certificate delivered pursuant to the convention of 10 June 1948

on the safeguard of human life at sea.


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2. Any Moroccan passenger ship shall be provided with a safety certificate delivered by theUnder-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy.

3. Any Moroccan ship, other than a passenger ship, shall:- if it practises an international navigation, be provided with a safety certificate for the fitting-

out equipment, delivered by the authority appointed by the Under-Secretary of State forCommerce, Industry, Craft Industry and Merchant Navy.

- if it is compelled to have either a radiotelegraphic installation or a radiotelephonicinstallation, be provided with the corresponding safety certificate(s), delivered by the sameauthority.

ARTICLE 33 (c): (Added byDahirof 6 July 1953 - 24 Chaoual 1372).- Decrees shall determine the general rules which must be met by ships for the delivery of thesafety instruments set forth by article 33 (b) of thisDahir, in particular with regard to:

1. Construction (bulk-heading and stability, fire prevention, detection and extinction);2. Electrical installations;3. Propelling apparatuses and ancillary equipment;4. Rescue means (boats, rafts, machines);5. Radiotelegraphy and radiotelephony;6. Nautical instruments and documents;7. The maximum number of passengers to be embarked;8. The habitability and hygiene;9. Onboard medical and health services, with respect to both personnel and equipment;10. Loading and stowing conditions of grains and hazardous goods.

ARTICLE 34: (Modified byDahirof 6 July 1953 - 24 Chaoual 1372).The delivery of safety instrument shall be subject to the inspection of the ship prior tooperation. Such instruments shall be valid for a period of one year, except for the safetycertificate of the fitting-out equipment which shall be valid for two years. Upon the expiry oftheir validity, the safety instruments shall be renewed.

To allow a ship to complete a voyage, its safety instruments may be extended, by the consularor maritime authority, for one month maximum if the ship happens to be in a Moroccan portwhen the instruments expire, for five months maximum if the ship happens to be in another

port. Extension may be asked before departure for a voyage, if the ship-owner foresees that

the instruments will cease to be valid during this voyage.

Provisional safety instruments shall be delivered to ships newly built in Morocco, which needto leave the place of their construction to complete their equipping or to be fitted out inanother port. Such instruments shall only be valid for the crossing made to the fitting-out portto proceed with the delivery of the final safety instruments with respect to the remarks not yetmade.

The same goes for ships built or purchased abroad and dispatched for a first voyage under themode of provisional Moroccanization.


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ARTICLE 35 (a):(Modified byDahirof 6 July 1953 - 24 Chaoual 1372).Safety instruments provided for in article 33 (b) of this Dahirmay be withdrawn before theexpiry of their period of validity if the ship ceases to meet the conditions fixed for theirdelivery.

They shall cease to be valid, upon a decision of the maritime or consular authority, when theship is subject to either serious damage, or notable changes in its structure or equipment, orelse when the classification allotted to it by a company of classification has been withdrawnfrom it. A ship owner, who does not inform in due time the maritime or consular authority ofthe place where the ship is, the damage undergone, the changes brought thereto or thewithdrawal of the classification, shall be subject to the penalties provided for in the firstsubparagraph of article 37 of thisDahir.

CENTRAL SAFETY COMMISSION:

ARTICLE 35 (b):(Added byDahirof 6 July 1953 - 24 Chaoual 1372).A Central Safety Commission shall serve with the Under-Secretary of State for Commerce,Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant

Navy and Maritime Fishing, delegated by him for this purpose.

This Commission shall be referred to for approval, by the ship-owner at the time ofconstruction or recasting of a ship, or prior to the Moroccanization of a ship purchasedabroad, of the plans and documents enumerated by a decree of the Under-Secretary of Statefor Commerce, Industry, Craft Industry and Merchant Navy.

Any safety apparatus or device submitted for homologation, any installation, device orapparatus for which a manufacturer or ship-owner wishes to know the equivalence with astatutory installation, device or apparatus, shall be submitted to the Central SafetyCommission.

This Commission may be consulted by the Under-Secretary of State for Commerce, Industry,Craft Industry and Merchant Navy or the Head of the Department of the Merchant Navy andMaritime Fishing, delegated by him for this purpose, on any question relative to the safeguardof human life at sea or to the habitability of commercial, fishing or pleasure ships, andgenerally on any question relative to the application of thisDahir.

The make-up and operation of the Central Safety Commission shall be fixed by decree.

INSPECTIONS AND INSPECTION COMMISSIONS:

ARTICLE 36(a): (Modified byDahirof 6 July 1953 - 24 Chaoual 1372).A Start-up Inspection Commission shall serve at each port indicated by the Under-Secretaryof State for Commerce, Industry, Craft Industry and Merchant Navy or the Head of theDepartment of the Merchant Navy. It shall examine, when a ship is to be brought into serviceunder the Moroccan flag, whether it fulfils the requirements of thisDahirand the regulationsenacted for its application. It shall ensure that the regulations of the Central Safety

Commission are observed.


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Hull inspection shall necessarily comprise a dry inspection.

The first safety instrument shall be delivered or refused upon completion of the Commissionswork and in accordance with its opinion.

For the delivery of the provisional instruments provided for in article 34 of thisDahirto shipsbuilt or bought abroad, the consular authority shall establish a Commission whose make-upshall be as close as possible to that of the Start-up Inspection Commission.

ARTICLE 36 (b):(Added byDahirof 6 July 1953 - 24 Chaoual 1372).An Annual Inspection Commission shall serve in each port indicated by the Under-Secretaryof State for Commerce, Industry, Craft Industry and Merchant Navy. It shall examine whetherthe ship still fulfils the legal requirements. In the affirmative, it shall issue a recommendationin favour of the renewal of the safety instrument which the ship was holding. In the contrarycase, or if it notes that a regulation of this section or of the statutory texts enacted for its

application, has not been applied, the Commission shall issue a recommendation for thewithdrawal of the instrument.

The appropriate authority shall rule in accordance with the opinion of the Commission.

Any passenger ship shall be subject to a dry inspection of the hull at least every twelvemonths. For other ships, the intervals between two dry inspections shall be fixed by a decree.Where the ship is inspected afloat, the Commission may require its partial or total unloading.

The Annual Inspection Commission shall have the power to inspect any ship whose safetyinstruments have been withdrawn or suspended, in application of article 35 of thisDahir.

The Start-up Inspection Commission and the Annual Inspection Commission shall be chairedby the Head of the maritime district. Their make-up and operation shall be fixed by decree.

Start-up Inspection Commissions and the Annual Inspection Commissions can meet in a portother than those indicated by the Under-Secretary of State for Commerce, Industry, CraftIndustry and Merchant Navy if the ship-owner makes so requests. In this case, the travelexpenses of Commission Members shall be borne by the ship-owner. Where a ship does notgo or goes only exceptionally to a port where an Annual Inspection Commission serves, itssafety instruments may to be renewed in any other port endowed with the personnel and the

equipment allowing for proceeding with the statutory inspections under satisfactoryconditions.

In each port indicated by the Minister in charge of the Merchant Navy, and under theauthority of the Head of the Maritime District, one or more maritime navigation inspectorsshall undertake, in addition to the other duties which they may be entrusted with, the generalsurveillance of maritime navigation Safety. They shall check that the provisions of thissection and of statutory texts enacted for its application are observed. They shall have freeaccess on board any ship present in the port each time they deem it useful. They shall draw upminutes of any infringement to the regulations in force.


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A mechanics of the merchant navy may be joined by the Head of the Maritime District to the Navigation Inspector, in order to specifically proceed with checks relating to propellingapparatuses and auxiliaries.

Inspectors reporting to the Post, Telegraph and Telephone Minister carry out, under the

authority of the Head of the Maritime District, under the conditions fixed by the abovementioned Minister and the Minister in charge of the Merchant Navy, the monitoring ofradio-electric equipment and navigation apparatuses involving the technique oftelecommunications. Such monitoring shall extend to equipment whose installation on boardis not compulsory; the aim in this case is to check that the installations do not constitute adanger to the crew or the ship.

ARTICLE 36 (c):(Added byDahirof 6 July 1953 - 24 Chaoual 1372).Before leaving a Moroccan port, any Moroccan ship shall be subject to a departure inspection.This inspection aims at stating that the ship is, in general, under good conditions of

seaworthiness and that measures in conformity with the provisions of this section and ofstatutory texts enacted for its application have been taken to ensure the safety of the ship, ofthe crew and of the people embarked.

The inspection shall be carried out by the Navigation Inspector, who may be assisted, ifnecessary, by one or more experts appointed by the Head of the Maritime District fromamong the Members of the Start-up Inspection Commission.

The Navigation Inspector may interdict or defer, until compliance with regulations, thedeparture of any ship which, by its state of maintenance, its defective stability, the conditionsof its loading or for any other reason provided for in this section or in statutory texts enactedfor its application, which seems to the Navigation Inspector unable to take the sea withoutdanger to the crew or to the people embarked. Reasons of interdiction or postponement shall

be immediately notified, in writing, to the commanding officer. Should the commandingofficer refuse to comply therewith, the Navigation Inspector shall resort, to prevent departure,to the various services in charge of dispatching the ship or authorizing it to exit the port.

If the Navigation Inspector notices an infringement of this section or of the statutory textsenacted for its application, without it being necessary to interdict or defer departure, he mayorder, with the required deadlines, the implementation of any measure intended to reinforcethe applicable provisions.

Should the commanding officer or the ship-owner lodge an appeal under article 37(c) of thisDahir, the deadlines for implementation shall run from the date of notification of the decisionof the Counter-Inspection Commission provided for in the same article.

ARTICLE 36 (d)(Added byDahirof 6 July 1953 - 24 Chaoual 1372).When the Navigation Inspector receives a complaint of the crew, relative either to theconditions of seaworthiness or safety, or to habitability, hygiene or food supplies, he shall

proceed, within a short time, with an inspection of the ship. He shall examine the cogency ofthe complaint and prescribe, if necessary, the required measures.


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He may be assisted by one or more experts appointed by the Head of the Maritime Districtfrom among the Members of the Start-up Inspection Commission.

The complaint shall be addressed to the Head of the Maritime District in writing, must bejustified, signed by three members of the crew and filed in due time so that the departure of

the ship is not delayed.

ARTICLE 37(a)(Modified byDahirof 6 July 1953 - 24 Chaoual 1372).Any inspection shall be recorded in minutes signed, depending on the case, by the Membersof the Inspection Commission or by the Navigation Inspector. The minutes shall briefly stateall the remarks made during the inspection, as well as the observations and requirementswhich result therefrom.

Any requirement involving the modification of an installation must refer to the statutory textby virtue of which it was formulated.

Inspection minutes shall be handed to the Head of the Maritime District in person andtranscribed in a special register which is maintained aboard the ship and must be presented atany requisition of the Navigation Inspector.

ROLE OF THE CLASSIFICATION COMPANIES:

ARTICLE 37 (b)(Added byDahirof 6 July 1953 - 24 Chaoual 1372).Classification companies recognized by a decree enacted on the proposal of the Minister incharge of the Merchant Navy shall be entitled to affix freeboard marks on Moroccan ships, inaccordance with the rules of the international convention on load lines, and to issue thecorresponding freeboard certificates. These certificates shall have a maximum duration ofvalidity of five years, extensions included.

Moroccan ships having the first classification of a classification company, specificallyapproved for this purpose by a decree enacted on the proposal of the Minister in charge of theMerchant Navy, may be exempted from the inspections provided for in articles 36 and 36 (b)of this Dahir, but only with respect to the points which have been subject to inspections,remarks or tests by such company.

Approval may only be given to a classification company if it is able to have the application of

Moroccan regulations checked by qualified experts. This checking shall lead to granting theship a special certificate of the classification company.

Inspection Commissions and Navigation Inspectors shall hold the right to carry out anychecking in the area covered by the exemption.

RIGHT OF REVIEW

ARTICLE 37 (c)(Added byDahirof 6 July 1953 - 24 Chaoual 1372).The application for review may be lodged by:

- A commanding officer for whom the start-up authorization has been refused;


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- A commanding officer or ship-owner who considers the requirements of NavigationInspector to excessive;

- The three members of the crew whose complaint, made under article 36 (c) of this Dahir,was not satisfactory.

The application for review shall be filed within fifteen days with the Head of the MaritimeDistrict who may transmit the file, for instruction and decision, to another Moroccan portwhere the ship goes.

Within twenty-four hours after the application for review or the arrival of the ship to the portin charge of instruction, a counter-inspection shall be carried out by a commission chaired bythe Head of the Maritime District. The make-up and operation of the Counter-InspectionCommission shall be fixed by decree.

The Counter-Inspection Commission shall hold a hearing session with the Navigation

Inspector and the author of the review, but makes its conclusions in their absence.

The Head of the Maritime District shall rule in accordance with the conclusions of theCommission.

Decisions taken pursuant to article 35 (b) of this Dahirmay be referred to the Minister incharge of the Merchant Navy or his delegate within fifteen clear days from the notification ofthe decision appealed against.

The same goes for decisions taken pursuant to articles 36 and 36 (b) of this Dahirwhen theyrelate to ships with a gross tonnage equal to or above 50 tons.

The case may be brought before the Minister in charge of the Merchant Navy or before theHead of the Department of the Merchant Navy and Maritime Fishing, delegated by theMinister for this purpose, by:

- The ship-owner in all cases;- The constructor, if the appealed decision was made before the delivery of the ship, either by

the Central Safety Commission, or by the Start-up Inspection Commission;- The three members of the crew whose complaint, made under article 36(c) of thisDahirwas

not satisfactory. The Under-Secretary of State for Commerce, Industry, Craft Industry and

Merchant Navy shall rule upon the opinion of a higher commission, whose make-up andoperation shall be fixed by decree.

The author of the application for review before the Under-Secretary of State for Commerce,Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant

Navy and Maritime Fishing, delegated by the Minister for this purpose, shall be allowed, if sohe desires, to present his observations before the Commission.The administrative right of review provided for in this article shall only be condition

precedent if it is decided so by the Under-Secretary of State for Commerce, Industry, CraftIndustry and Merchant Navy.


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A Regional Commission shall be set up under the authority of the Head of the Merchant NavyService to examine any appeal which the application of articles 36, 36 (b) and of this articlemay give rise to for ships with a gross tonnage below 50 tons.

The make-up and operation of this Commission shall be fixed by decree.

The Head of the Merchant Navy Service shall issue a final ruling upon the opinion of theCommission.

The administrative right of review provided for in this article shall only be conditionprecedent if it is decided so by the Head of the Merchant Navy Service.

A decree enacted upon the proposal of the Minister in charge of the Merchant Navy, takinginto account the opinion of the Minister of Foreign Affairs, will define the conditions inwhich the right of review provided for in this article, or, in default of rights of review offering

similar guarantees, may be initiated against the decisions of Moroccan authorities basedoutside Morocco.

FOREIGN SHIPS:

ARTICLE 37(c)(Added byDahirof 6 July 1953 - 24 Chaoual 1372).This Dahir shall be applicable to foreign ships entering a Moroccan port. These ships aresupposed to meet the provisions of this Dahir, if the commanding officer presents a dulyexecuted instrument delivered by the Government of a country bound by the internationalconventions in force on the safeguard of human life at sea and which is in accordance withthese conventions.

This instrument shall be regarded as sufficient unless, in the opinion of the NavigationInspector, the ships state of seaworthiness does not substantially correspond to theindications shown therein and that it cannot take the sea without a danger for its passengers orits crew.

The Navigation Inspector shall, in this case, take all suitable measures to prevent thedeparture of the ship. The head of the Maritime District shall immediately inform in writingthe consul of the country where the ship is registered of the decision taken and of thecircumstances which justify the same.

Foreign ships shall be subject to departure inspections in the same conditions as Moroccanships.

Safety instruments may be delivered to a foreign ship attending a Moroccan port at therequest of the Government of the country where the ship is registered.

The make-up of the competent commission for the delivery of such instrument shall be fixedby decree.


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INFRINGEMENTS AND PENALTIES

ARTICLE 37(d): With the exception of the case provided for in the second subparagraph ofthis article, any ship-owner who contravenes the provisions of this section or those of thestatutory texts enacted for its application shall be subject to a fine from 50,000 Francs to

1,000,000 Francs.

Any ship-owner who causes or attempts cause to sail a ship for which the safety instrument isoutdated, was refused, withdrawn or suspended shall be subject to a fine from 100,000 Francsto 2,000,000 Francs and to imprisonment from one month to one year, or to one of these two

penalties only.

However, if the validity of the navigation certificate or permit expires in the course ofcrossing, the validity of such certificate or permit shall be deemed as extended until the next

port where the ship approaches.

A commanding officer who commits one of the infringements provided for and repressed inthis article shall be liable to the same penalties. However, the maximum of the penalty shall

be reduced to a quarter thereof if it is proved that the commanding officer received a writtenor verbal order from the ship-owner.

Any member of the crew who has caused an inspection on board by knowingly producinginaccurate allegations shall be punished with imprisonment from three to six days and with afine from 1,200 Francs to 6,000 Francs, or with one of these two penalties only.

The fine and imprisonment penalties provided for above may be doubled in the event ofrepetition. Repetition occurs when, within the twelve months which precede the criminal acts,the offender has already been subject to a judgment for facts repressed by thisDahir.

These same penalties shall be reduced by a half with regard to infringements of provisionsconcerning ships with a gross tonnage below 500 tons.

REMUNERATION OF NON-CIVIL-SERVANT

MEMBERS OF INSPECTION COMMISSIONS:

ARTICLE 38 (a)(Modified byDahirof 6 July 1953 - 24 Chaoual 1372).

A fee and, if necessary, a travel allowance shall be allocated to each non-civil-servantmember of the inspection commissions.

The fee and allowance, as well as the transport costs from the quay to the board and back,shall be incurred by the ship.

The rates thereof shall be fixed by a decree enacted upon the proposal of the Minister incharge of the Merchant Navy.

Inspections prescribed by this Dahir shall give rise to the collection of taxes whose amount

shall be fixed by a decree jointly enacted by the Minister in charge the Merchant Navy and the


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Minister of Foreign Affairs, after taking into account the opinion of the Deputy-Head of theCabinet, the Minister of National Economy and Finance.

The tax to be collected shall be the responsibility of the ship-owner, except if it an inspectionmade upon a complaint from crew and which is not recognized as founded.

VARIOUS PROVISIONS:

ARTICLE 38 (b)(Added byDahirof 6 July 1953 - 24 Chaoual 1372).The manpower of any Moroccan ship must be such as, from the point of view safety at sea,there is on board sufficient crew in terms of number and quality.

This manpower shall be fixed, upon the proposal of the ship-owner, by the NavigationInspector of the port where the ship is fitted out, taking into account the legislation on thework duration on board, the ships characteristics and conditions of operation.

It can be revised at the request of the ship-owner or the commanding officer, upon the writtenand justified complaint of three members of the crew:

1. After three months of operation for ships fitted out for coastal traffic, and after six month ofoperation for ships fitted out for ocean trade;

2. Upon the renewal of the navigation permit;3. Any time, if the elements which were used as a basis for its fixing happen to be modified.

The authors of the revision request may, within fifteen days, lodge an administrative appealagainst the decision of the Navigation Inspector before the Counter-Inspection Commission

provided for in article 37(c) above.

This Commission, chaired by the Head of the Maritime District, shall hold a hearing with theNavigation Inspector, the commanding officer and representatives of the crew. All and any ofthese parties may be assisted by councils of their choice. The Head of the Maritime Districtshall rule in accordance with the conclusions of the Commission.

The decisions of the Head of the Maritime District may be referred by any interested party,within fifteen days, to the Minister in charge of the Merchant Navy or the Head of theDepartment of the Merchant Navy and Maritime Fishing, delegated by him for this purpose,

who shall rule after consultation of a higher manpower commission whose make-up andoperation are fixed by decree.

ARTICLE 38(c): Decrees will determine the mode applicable either to ships with a grosstonnage below 500 tons, or to ships whose assignment or conditions of operation justify aspecific scheme, as well as the general conditions of application of thisDahirnot set forth bythe preceding provisions.

SECTION VI: ON HANDING OVER SHIPS PAPERS

ARTICLE 39: Within twenty-four hours from their arrival in a port, commanding officersshall give their ships papers to the following authorities:


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a. In the case of a port of the Kingdom of Morocco, to the navigation service of said port; b. In the case of a French port, the nationality instrument and the authorization shall be

deposited at the Customs; the crew register shall be given to the maritime registration civilservant or agent;

c. In the case of a foreign port, the aforementioned documents shall be given to the Moroccan

consular authority.

This handing-over shall not be required in the cases provided for in article 40 hereafter.

The authorities who will have received the ships papers shall give them back on departure,after affixing an arrival and departure visa on the sole crew register and indicating the ships

port of destination, as well as the number and names of passengers embarked at each voyage,according to commanding officer statements.

Civil servants or agents referred to above shall be able to ensure, by an on-board inspection,

that the indications shown on the instruments handed to them are accurate.

Commanding officers shall, moreover, upon any requisition, produce their ships papers tocustoms agents.

ARTICLE 40: Shall be exempted from giving their ships papers and having their crewregister signed upon arrival and departure:

1. Boats dedicated to fishing on the coasts of the Kingdom of Morocco, whichever is theirkind of fishing;

2. Boats temporarily used for the transit of passengers and goods between land and the roadsand vice versa, or assigned to the operation of rural property, plants and factories, in thelower course of rivers;

3. Boats exclusively intended for pleasure sailing.

The obligation to hand over papers and get the visa shall remain fully applicable for the boatsindicated above which would go from one port to another;4. Boats on stopover, where the stopover does not exceed six hours;5. Boats belonging to public administrations.

Commanding officers or owners of these various boats shall equally produce, upon any

requisition, their ships papers to the agents of the health service, the judiciary police officersand the customs agents.

CHAPTER V: ON THE MOROCCAN FLAG

ARTICLE 41(Modified byDahirof 1 September 1923 - 19 Moharrem 1341 and byDahirof 28 April 1956- 16 Ramadan 1375).Sea vessels registered in the Moroccan territory shall hoist the Moroccan merchant flag at sea,if they meet a State vessel, or in ports, if they are required to do so by the appropriateauthorities. This flag has the following characteristics: a red flag carrying in the centre a green

five-branch Solomon seal. The diameter of the circle circumscribed around the Solomon seal


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is equal to one third of the height of the flags five-dents. The types of flags normally used bymerchant ships or other vessels are as follows:

Flag No. 11, of the steering gear service, i.e. 2.50 meters by 3.75 meters;Flag No. 12, i.e. 2m by 3m;

Flag No. 13, i.e. 1.50m by 2.25m;Flag No. 14, i.e. 1 meter by 1.50m.

The red colour of the flag is clear red; the green colour is natural green.

ARTICLE 42: No ship shall hoist the Moroccan flag unless it is in possession of a Moroccannationality instrument and a registration authorization.

The Moroccan flag shall be hoisted at the back part of the ship.

Company or ship-owner flags and marks of recognition other that the Moroccan flag mayonly be hoisted after a statement is made at the navigation service of the home port andmentioned in the crew register.

Such flags or marks shall be hoisted at the front part of the ship or, if need be, on the samerope as the Moroccan flag, but at a lower part of the latter.

The Moroccan flag shall necessarily be hoisted in ports on the day of the ships arrival anddeparture, at any requisition by the port officers resulting from a general measure, as well asin the circumstances provided for by sea usage and international regulations.

Ships indicated in the first four paragraphs of article 40 shall be exempted from obligation tohoist the flag in ports on the day of arrival and departure.

PART II: ON SHIP REGISTRATION

CHAPTER I: ON MARITIME DISTRICTS1

ARTICLE 43:(Modified by Dahirof 18 August 1941 - 24 Rejeb 1360 and by DahirNo. 1-58-106 of 15February 1961 - 29 Chaabane 1380).The littoral of the Kingdom of Morocco is divided into nine maritime districts with chief

towns and sub-districts as indicated below:

1. District of Nador: Chief town: Nador; Sub-districts: Sadia and Ras-Kebdana, extendingfrom the mouth of Oued-Kiss to the mouth of Oued-Abduna;

2. District of Al Hoceima: Chief town: Al Hoceima: Sub-districts: Torres-de-Alcala andJebha, extending from the mouth of Oued-Abduna to the mouth of Oued Lau;

3. District of Tangier: Chief town: Tangier: Sub-districts: Oued-Lau, Martil, M'diq, Fnideqand Al Ksar Sghir, extending from Oued-Lau to the southern limit of the Province of

1 These maritime districts have been replaced by the Regional Delegations of Maritime Affairs (DRAM).


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Tangier, Asilah2, extending from the southern limit of the Province of Tangier to thesouthern limit of the old zone of Spanish Protectorate;

4. District of Larache: Chief town: Larache5. District of Knitra: Chief town: Knitra: Sub-district: Rabat, extending from the southern

limit of the old zone of Spanish Protectorate to the mouth of Oued Nefifikh;

6. District of Casablanca: Chief town: Casablanca: Sub-districts: Mohammedia and El Jadida,extending from the mouth of Oued Nefifikh to Oualidia (included);

7. District of Safi: Chief town: Safi; Sub-district: Essaouira, extending from Oualidia(excluded) to the mouth of Oued At-Ameur;

8. District of Agadir: Chief town: Agadir, extending from the mouth of Oued At-Ameur tothe mouth of Oued Dra;

9. District of Tarfaya: Chief town: Tarfaya, extending from the mouth of Oued Dra to theparallel 27 40' of northern latitude.

ARTICLE 44:(Modified by Dahirof 18 August 1941 - 24 Rejeb 1360 and by DahirNo. 1-58-106 of 15

February 1961 - 29 Chaabane 1380).A decree enacted upon the proposal of the Minister in charge of the Merchant Navy shall fixthe codes of ports of registry for ships registered under the Moroccan flag.

CHAPTER II: ON REGISTRATIONS AND HOME PORT REGISTER,

ON SHIPS NAMES AND MARKS

ARTICLE 45: Any ship admitted to fly the Moroccan flag shall, to obtain a crew register, beregistered, at the owners choice, in the chief town of a maritime district or maritime sub-district, which shall become the ships home port.

ARTICLE 46: The navigation service of the port of each district or sub-district chief townshall hold a register which shows: the name of each ship provided with a nationalityinstrument, its character, its gross and net tonnages, the name of its owner, its place and dateof construction, the changes of ownership it was subject to and finally the cause of itscrossing-out, disappearance, destruction or sale notified by appropriate documents. It shallalso hold a special register in which are registered, the same as above, ships provided with asimple registration authorization under the provisions of article 11 above. Similar registersshall be held at the General Directorate of Public Works. They shall reproduce the indicationsin the district and sub-district registers.

ARTICLE 47:(Modified byDahirof 24 September 1928 - 9 Rebia II 1347).Any ship fitted out for maritime forwarding must carry, at the poop, in fair color letters on adark background, its name and home port. These letters must be at least 0.08m high by 0.02mwide on ships having a gross tonnage below 2000 tons, and at least 0.12m high and 0.03mwide on ships having a gross tonnage equal or above 2000 tons.

Moreover, any merchant ship or yacht with a gross tonnage equal or above 25 tons must bearits name on the front of two tacks, in letters that meet the requirements stipulated in the

preceding paragraph.

2 The sub-district of Asilah was initially attached to the district of Larache. However, the modification of thelayout of the Province of Tangier required that this sub-district be attached to the maritime district of Tangier.


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The external description of fishing vessels will, however, continue to be governed by theregulations of articles 3, 4 and 5 of Dahir of 25 March 1922 (25 Rejeb 1340) enactingregulations of the practice of fleet fishing.

CHAPTER III ON CHANGES OF OWNERSHIP

ARTICLE 48 The owner may have the home port of his ship changed by applying to theDirector General of Public Works. If the ships nationality instrument and authorization are indue form, the Director General of Public Works will issue a favorable certificate and willinform the navigation service of the port concerned. This certificate will be sent in duplicateto the navigation service of the new port, which will keep a copy and return the other to theold port with an indication of the date and number of the new registration.

ARTICLE 49 Any owner willing to change the name of his ship shall address a detailedapplication to the Director General of Public Works, who will have the application processed

by the navigation service of the port concerned. The Director General of Public Works willdecide whether it is appropriate to grant or refuse the change requested. If the change isauthorized, a new nationality instrument and a new authorization shall be required.

ARTICLE 50 Any sale of a ship or part of a ship carried out in the Kingdom of Moroccoshall be made before the courts clerk in the jurisdiction where the sale takes place. In foreigncountries, the sale shall take place before the Moroccan consular authority. The sale must, inall cases, be registered:

1 On the ships register in its home port by the navigation service of the port;2 On the back of the nationality instrument by the Administration before which the sale took

place.

The sale shall only be opposable by third parties after the execution of any of these twoformalities. The partial or total sale made to a Moroccan shall also involve the withdrawal ofthe ships papers. However, new papers shall be delivered without expenses, other than thoseof parchment and stamp, where the statement provided for in article 13 and the submissionindicated in article 14 will have been renewed by the new owners.

The provisions of this article are also applicable in case of exchange or change of ownershipby death.

ARTICLE 51(Thus restored by Dahirof 18 May 1930 - 19 Hijja 1348).If, outside the territory of the Kingdom of Morocco, a Moroccan citizen or a Moroccancompany shall become purchaser a foreign ship and that this ship is likely to becomeMoroccan, under the conditions provided for in article 3 above, a provisional authorization tosail under the Moroccan flag may, upon the purchasers statement, be delivered to him, inMorocco by the maritime registration service of the port, and in other countries by theMoroccan consular authority, on condition that the first port of destination of the ship is a portof the Kingdom of Morocco.


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Upon its arrival in the Kingdom of Morocco, the provisional authorization will be withdrawnand the owner shall, to obtaining his ships papers, comply with all the obligations prescribed

by thisDahir.

PART III: ON OPERATING SHIPS

CHAPTER ONE: ON OCEAN TRADE, COASTAL TRAFFIC,

INSHORE NAVIGATION AND FISHING

(Modified by Dahirof 6 July 1953 - 24 Chaoual 1372)

ARTICLE 52: (Modified by DahirNo. 1-58-106 of 15 February 1961 29 Chaabane 1380).Merchant navigation practiced by any Moroccan ship includes the categories below:

- Ocean trade;- Near-sea traffic;

- Coastal traffic;- Inshore navigation;- Deep-sea fishing;- High-sea fishing; and- Offshore fishing.

Ocean trade navigation is that which is practiced beyond the limits of near-sea traffic, as fixedin the following subparagraph.

Near-sea traffic includes the navigation of the ports of Morocco with the ports of Europe, theports of the Mediterranean and the ports of the Western coast of Africa down to Ecuador.

Coastal traffic includes navigation practiced between the ports located between the Algero-Moroccan border and the southern border of Morocco. Vessels fitted out for coastal trafficmay, moreover, if the commanding officer has received the required authorization,exceptionally go to the ports of the Iberian Peninsula and the ports of the African coastcomprised within the limits of near-sea traffic.

Inshore navigation includes navigation from a Moroccan port to another Moroccan port,carried out by ships measuring no more than two hundred and fifty tons, not moving away formore than twenty miles of the coasts and making usual crossings not exceeding one hundred

miles from the home port. May also be fitted out for inshore navigation vessels of anytonnage which usually do not leave ports and roads.

Deep-sea fishing is that which is usually practiced at a distance exceeding one hundredthousand nautical miles from the coasts.

High-sea fishing is that which is usually practiced by ships measuring more than twenty fivetons and not moving away at a distance exceeding one hundred miles from the coasts.

Offshore fishing is that which is usually practiced at a distance below thirty miles from the

coasts by ships of a gross tonnage lower or equal to fifty tons.


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CHAPTER II:(Heading modified byDahirNo. 1.58.106 of 15 February 1961 - 29 Chaabane 1380)ON THE CERTIFICATES REQUIRED AND OTHER REQUIREMENTS

FOR COMMANDING AND HOLDING THE POSITION OF

DECK OFFICER AND ENGINEER OFFICER ONBOARD

MERCHANT AND FISHING SHIPS.

ARTICLE 53:(Modified byDahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane1380).Diplomas required for commanding or holding the position of deck officer of merchant orfishing ships are as follows:

a. Deck Competency Certificates:- Ocean Trade Master's Certificate;- Merchant Navy 2nd Class Master's Certificate;- Merchant Navy 3rd Class Master's Certificate;- Merchant Navy Skippers Certificate;

- Ocean Trade Lieutenants Certificate;- Merchant Navy 2nd Class Lieutenants Certificate;- Ocean Trade Cadets Certificate;- Merchant Navy 2nd Class Cadets Certificate.

b. Fishing Certificates:- Fishing Master's Certificate;- Fishing Skippers Certificate;- Inshore Fishing Skippers Certificate;- Fishing Skippers Licence.

c. Engine Certificates:- Merchant Navy 1st Class Engineer Officer Certificate;- Merchant Navy 2nd Class Engineer Officer Certificate;- Merchant Navy 3rd Class Engineer Officer Certificate;- Merchant Navy 2nd Class Engineer Lieutenant Certificate;- Merchant Navy 1st Class Engineer Cadets Certificate;- Merchant Navy 2nd Class Engineer Cadets Certificate;- Practical Engineers Certificate;- Marine Engine Driving Licence.

The crew register will be refused or withdrawn from any ship whose commanding officer orofficers do not have the diplomas required to hold their positions.

ARTICLE 53 (a): (Abrogated by DahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane 1380).

ARTICLE 53 (b):(Abrogated by DahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane 1380).

ARTICLE 53 (c):(Abrogated by DahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane 1380).

ARTICLE 54:(Modified by DahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane 1380).

The requirements to command and hold the positions of deck officer and engineer officeraboard merchant navy and fishing ships shall be fixed by a decree enacted upon a proposal of


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the Minister in charge of the Merchant Navy or of the authority delegated by him for thispurpose.

ARTICLE 55:(Modified by DahirNo. 1-58-106 of 15 February 1961 - 29 Chaabane 1380).The terms and conditions of delivery of the diplomas aimed at in article 53 above shall be

fixed by a decree of the Minister in charge of the Merchant Navy or of the authority delegatedby him for this purpose.

ARTICLE 56: A prohibition to command or hold the position of officer on board a shipflying the Moroccan flag may be pronounced, on a temporary or final basis, by ministerialdecree enacted upon the proposal of the Director of Trade and Merchant Navy, with regardsany Master or officer of a Moroccan ship, found responsible by a commission of inquiry, for adisaster to his vessel.

This Commission shall be appointed by ministerial decree, also enacted upon the proposal of

the Director of Trade and Merchant Navy. The Commission shall have the power to enquireabout the causes of any disaster, shipwreck, failure, etc, and to examine, by all the meansavailable to it, whether the disaster can be allotted to a guilty intention, negligence,competence failure, or any other cause. The inquiry file shall be transmitted, with theCommissions supported opinion to the Director of Trade and Merchant Navy, who shalldecide whether it is necessary to refer the matter to the Department of the Public Prosecutor,in the event the loss of the ship is accompanied by deaths or casualties.

CHAPTER III: ON REGULATIONS TO WARN COLLISIONS3

ARTICLE 57: (Abrogated and replaced by the Royal Decree Act No. 441-65 of 11 December 1965 - 17Chaabane 1385).Rules to prevent collisions at sea, which ships and seaplanes sailing under the Moroccan flagare subject to, shall be determined by a joint decree between the Minister of National Defenceand the Minister in charge of the Merchant Navy.

PART IV: ON THE REPRESSION OF INFRINGEMENTS

CHAPTER ONE: COMPETENCE AND PROCEDURE

ARTICLE 58: (Modified by Dahirof 26 July 1922).

Infringements to the provisions of thisDahirshall be stated in Morocco by the agents of theGeneral Directorate of Public Works, Customs agents, any judiciary police officer, any swornagent of the Moroccan Administration, any soldier of the Gendarmerie, any policeman, themaritime administration, and abroad by the consuls of Morocco.

The minutes stating the infringements shall be transmitted to the Minister in charge of theMerchant Navy who will forward them to courts, which are alone qualified to hear anddetermine the aforesaid infringements.

3 The rules of collision prevention at sea are determined by the Convention on International Regulations toPrevent Collisions at sea, agreed in London on 20 October 1972.


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ARTICLE 59: The net fifth of fines inflicted for infringement to this Dahirshall be allottedto the agent author of the minutes within the limit of 25 Francs for the whole convictions bythe same judgement.

CHAPTER II: INFRINGEMENTS AND PENALTIES

ARTICLE 60: Shall be liable for a fine of 50 Francs any ships commanding officer or ownerwho will have removed or let remove a ships gauge figures or any marks intended tofacilitate the checking of such gauge. This fine could be doubled in the event of repetition, i.e.if, during the twelve months preceding the infringement, the delinquent would already have

been condemned under this Dahir.

ARTICLE 61: Shall be punished with a fine from 50 to 3,000 Francs and imprisonment fromsix days to one year, or with only one of these two sentences:

1. Any owner who will have sold, lent or made gift of his ships nationality instrument, if thisship measures more than 20 tons, or else who will have made use of a nationality instrumentfor a ship other than that which it concerns;2. Any person who lends his name for the execution of a fraudulent nationality instrument,who contributes to this fraud in any manner whatsoever or who commands, with fullknowledge of the facts, a boat unduly fitted out under the Moroccan flag. In this case, as inthe case provided for in the preceding paragraph, the Master will be declared unable tocommand any other boat;3. Any person who, knowing about a fraud disposes of an ingoing cargo or provides anoutgoing cargo;4. Anyone who, after the delivery of the nationality instrument, will have modified his boat interms of form, tonnage or in any other manner whatsoever;5. Any person who will have committed any fault in violation of the regulations enacted byarticle 26 of thisDahir, with relation to the authorization;6. Any owner of any boat sailing with a crew register which is incomplete, false or pertainingto another boat, as well as any person having supported such fraud.

ARTICLE 62: Shall be punished with a fine from 25 to 100 Francs any Master who will havemade false statements concerning the number of passengers or sailors embarked on board hisship.

This fine will apply as many times as false statements made in terms of name or number, andmay even cumulate with the fines provided for in the preceding article.

ARTICLE 63 (a): Shall be punished with a fine from 50 to 200 Francs:

1. Any commanding officer who, for any cause whatsoever, will have, on the requisitionthereof, failed to produce or refused to produce his ships papers or crew register to Customsagents, judiciary police officers and any other agent or civil servant qualified to require andcontrol the same.


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Shall moreover be punished with a fine of 10 Dirhams per day of delay a commanding officerwho, within twenty-four hours from his arrival in a port, if this formality is required, will nothave given his ships papers to the authorities specified above;2. Any commanding officer who, without a Moroccan nationality instrument and withoutauthorization, will have hoisted the Moroccan flag on the vessel he commands.

ARTICLE 63 (b): (Addedby Dahirof 29 June 1929 - 21 Moharrem 1348).Shall be punished with a fine from 100 to 500 Francs, in the case of a boat of less than 100gross tons, and from 500 and to 5,000 Francs, in the case of a boat of gross tonnage equal toor exceeding 100 tons, any ship-owner:

a. who makes a ship sail without it being provided with a navigation permit;b. who continues to make a ship sail, whose navigation permit has been suspended, refused orwithdrawn by the authority in charge of the maritime navigation police;c. who continues to make a ship sail with an out-dated navigation permit, whereas the

forfeiture of the permit did not occur in transit.

A commanding officer who commits, personally or in agreement with the ship-owner, any ofthe infringements above-mentioned, shall be liable to the same penalties.

ARTICLE 64: (Modified by Dahirof 24 September 1928 - 9 Rebia II 1347).Shall be punished with a fine from 25 to 1,000 Francs any owner or commanding officer whowill not have complied with the regulations of article 47 above relating to the external marksof a ships identity, or who will have erased, covered or masked the aforementioned marks.

Shall be punished with the same sentences any ship-owner who will have violated theprovisions relative to the change of his vessels name.

ARTICLE 65: Shall be punished with a fine from 100 to 500 Francs any infringement to theregulations which govern the sale of ships, their acquisition outside the Kingdom of Moroccoand the changes relating to their home port.

ARTICLE 66: In any case, article 463 of the French Penal Code shall be applicable toinfringements provided for and repressed by thisDahir.

BOOK II: ON SHIPS

PART ONE: OF THE LEGAL STATUS OF SHIPS

CHAPTER ONE: ON THE NATURE AND PROPERTY OF SHIPS

ARTICLE 67: Sea-going ships are movable property governed by the rules of common law,subject to the special rules enumerated hereafter.

ARTICLE 68: S

Documents

CODE de COMMERCE (Moroccon Law)English