VENEZUELAN GENERAL LAW FOR MARINE AND RELATED ACTIVITIES
TITLE I
GENERAL PROVISIONS
Article 1- The objective of this Executive Decree is to establish the rules enforcing the exercise of the aquatic authority with respect to the navigation and seamen administrative regime, concerning the national flag vessels in national, international or other State jurisdiction waters, establishing the Merchant Marine and Related Activities constitution, functioning, strengthening and development of fundamental principles, and to regulate the good execution and coordination of the different public and private entities in the application of the politics and rules designed or to be designed in the future for the strengthening of the sector.
Article 2 – To the effects of this Executive Decree the National Armed Forces and Merchant Marine vessels for the maritime, fluvial and lacustrine, national and international transportation of goods and persons; the fishing, tourism, sporting, recreating and investigating marine, save when the contrary is expressly provided for in this Executive Decree.
Article 3 – To the effects of this Executive Decree the following are considered related activities, without prejudice of others related with the aquatic sector:
1. The marine industry for construction, maintenance, reparation, modifications and destruction of vessels.
2. Those belonging to the ports and marines, as well as their infrastructure.
3. The Pilotage, towing and lighterage.
4. The canal designing, dredging and maintenance, helping in the navigation, hydrographs, oceanography, meteorological and nautical charting.
5. The search, rescue and salvage labors and prevention and fighting against the environmental contamination in the aquatic spaces.
6. The shipping, certificating, maritime negotiating, cargo operations and negotiations, multimode transportation and maritime brokerage.
7. The naval inspection, consulting and assessment services.
8. The Nautical Education in the different levels of the education system.
Article 4 – All the national and foreign vessels, as well as the hydroplanes are enforced by this Executive Decree when landing on national aquatic space.
This Executive Decree when applicable enforces the national flag vessels in high seas or territorial or inland waters of another nation.
This Executive Decree floating construction, with no proper propulsion, operating in the aquatic environment or as navigation assistance, but not dedicated to it, also enforces any sailing, seaworthy. In the case that these are sailing for the accomplishment of specific purposes with the help of a vessel, these shall be considered as a vessel and as such must comply with all the regulations provisioned in this Executive Decree and other applicable laws.
Article 5 - The Aquatic Authority may authorize constructions, modifications and operations permitted by any law of any nature made on these, placed on territorial or interior waters and territories next to the sea, lakes, rivers its borders and other navigation portions, in an extension of up to eighty meters (80 Mts) measured up to the coast or seaside or from the highest tide or from the line of the highest growth of the river in the case of navigational rivers, the modification of these constructions and the operations realized on these.
Article 6 – The Aquatic Authority may authorize the construction and modification of sea walls, jetties, sporting, tourist and recreational marines, landing stage, shipyards, docks, dockyard and any other industrial or services infrastructure, as well as the facilities to store fuel, contaminating or other purpose substances, which pipelines reach the coast line or begin in the same.
Article 7 – Every person belonging to a national or foreign vessel crew or on board for any reason, as well as every person related with the activities enforced by this Executive Decree, is in the obligation to appear before the Aquatic Authorities when required to do so through a reasonable summon.
Article 8 - For all concerning the application of this Executive Decree and its rules, the valid time is the Legal Time of the Bolivarian Republic of Venezuela.
Article 9 - The organism exercising the Aquatic Authority in the aquatic space of the Bolivarian Republic of Venezuela, may visit, inspection, condition the anchorage, capture, request the beginning of judicial proceedings and in general adopt the measures deemed to be necessary respect to the vessels damaging or which may damage juridical goods, to the effect of protecting the navigation security and prevent the environmental contamination.
These measures may be adopted without prejudice of those which may be decided by other authorized organisms in preservation of the aquatic environment matters.
TITLE II
NAVIGATION ADMINISTRATIVE REGIME
Chapter I
Aquatic Authority and Administration
Article 10 – For the purpose of exercising the Aquatic Authority, the jurisdictional waters and coasts of the Republic are considered as divided in Port Captaincies and these, in delegations which circuit shall determine the organism exercising the Aquatic Authority.
Article 11 - All the matters related to the organization, control, supervision and administration of the Marine Firemen and Maritime Police services, which include the prevention, protection, fighting, mitigation, termination and the casualty investigation; the police, vigilance and control duties in order to preserve the life and security of the goods, the prevention of the contamination, the security at the beaches and areas under the authority of each aquatic circuit, correspond to the National Executive through the Aquatic Spaces National Institute.
Article 12 – An officer named Harbor Master shall be in charge of the Captaincy of Port, who may be named or removed from his position by the President of the Aquatic Spaces National Institute.
The Harbor Master must be Venezuelan and bear the title of Captain.
Article 13 – The Harbor Master has the following duties:
1. Execute the politics and directions dictated by the organism exercising the Aquatic Authority.
2. Supervise in the corresponding circuit the respective registry of vessels and other registries provisioned in the law.
3. Issue the Registration in the Venezuelan Maritime Registry temporary Patent while the final Patent is issued.
4. Handle or issue the Navigation Patent or License and issue the Limited Special Permit, according to the case.
5. Order the inspection of vessels applying for the registration in the Venezuelan Maritime Registry in the respective circuit.
6. Issue the national and international certificates corresponding to the vessels.
7. Issue the Master’s list and maritime cards corresponding to the navigation personnel.
8. Keep international, coasting and domestic traffic statistics pursuant to the law that governs the matter.
9. Coordinate, control and supervise the services of pilotage, towing and lighterage and everything related to the security, maritime sanity and prevention of the sea pollution in its jurisdiction environment, according to the case.
10. The reception and port clearance of vessels on international traffic, coasting or domestic navigation and the order to anchor, berth and clear berth.
11. Apply the fines that by law are its duty.
12. Supervise the functions of the marine firemen and maritime police in the area of its jurisdiction and coordinate with the other corresponding authorities.
13. Coordinate together with the Coastguard and other corresponding authorities the assistance, rescue and aquatic salvage works in the jurisdictional area.
14. Acknowledge, investigate and instruct the aquatic accidents and forced dockings administratively, together with the Accidents Investigation Committee.
15. Receive and coordinate the sea claims.
16. Preside the Local Commissions for Facilitating Vessel-Port System.
17. Coordinate with the National Army everything in respect to the Correct Status of the Port.
18. Others attributed by the laws governing the matters.
Article 14 – The maritime police organisms shall have the capacity of the criminal investigations police with respect to the facts occurred on board the vessels and occurred in the territorial and interior waters and in the land along the seaside, lakes, rivers its riversides and other navigational portions.
Article 15 – The organism enforcing the Aquatic Authority shall execute the physical and documental inspection of the foreign vessels anchored in the national aquatic spaces and ports of each aquatic circuit, in order to comply with the inspection done by the Correct Status of the Port, in the terms and conditions established by the same.
The functions and capacities of the Correct Status of the Port shall be provisioned in the respective rules, pursuant to the international rules enforcing the matter.
Article 16 – The National Commission for Facilitating Vessel-Port System is created with the purpose of complying with the actions to improve the international maritime traffic. The mentioned Commission shall be managed by the President of the Aquatic Spaces National Institute, who shall create the local commissions in every one of the aquatic circuits in the Republic, which shall be managed by the respective Harbor Masters.
Chapter II
Vessels
Article 17 – Any seaworthy, floating construction whichever its classification or dimension may be is known as vessel.
Article 18 - To the effects of this Executive Decree the vessels are classified as follow:
1. According to its nationality:
a. National: those registered in the National Maritime Registry.
b. Foreign: those registered in foreign countries.
2. According to its property and assignment:
a. Private: Those of private rights which are property of natural or legal persons
b. Public: Those that are property of the State or of its entities or companies.
3. According to its destination:
a. Passenger Vessels: those which traffic is dedicated to carry more than twelve (12) persons as passengers.
b. Cargo Vessels: those which traffic is dedicated to the transportation of goods.
c. Tanker Vessels: those which traffic is dedicated to transportation of liquid and gas bulk cargoes.
d. Fishing Vessels: Those which traffic is dedicated to capture living species of the aquatic fauna and flora.
e. Nuclear Vessels: those possessing a nuclear energy installation.
f. Sporting Vessels: those which traffic is dedicated to the practice of aquatic sports.
g. Recreational Vessels: Those which traffic is dedicated to recreational activities.
h. Scientific or Investigation Vessels: Those which traffic is dedicated to scientific, exploration or investigation activities.
i. War Vessels: those belonging to the Armed Forces of a State which bear the external signs distinguishing the war vessels of it nationality, under the command of an Official duly assigned by the government of that State whose name appears in the corresponding Official Grades or its equivalent and whose crew is submitted to the discipline of the regular Armed Forces.
Chapter III
Master’s List
Article 19 – The national vessels dedicated to render public services, which are not part of the National Army, must have a master’s list.
Article 20 – The master’s list must be signed by the Captain of the vessel and the rest of the crew and must be presented before the Harbor Master.
Article 21 – The master’s list must be renewed when the notes made on embarking and disembarking exceed fifty percent (50%) of the total crew or when the Captain has been removed. These notes shall be made in any case at the back of the document, duly verified by the Harbor Master.
Article 22 – The Harbor Master shall verify and certify that the crew complies with the legal rules enforcing the matter and that each of the Officers and the rest of the crew members possess a title, license, permit, authentication or certificate of capacity duly updated, as well as a marine card issued in accordance with the ruling dispositions.
The Harbor Master shall be responsible for the verification of the Master’s List with the Vessels Minimum Manning Certificate; the sailing shall not be authorized in the case these documents are not found in accordance.
Chapter IV
Certificates
Section I
Certificates and Documents Required
Article 23 – All the vessels registered in the Venezuelan Maritime Registry with a gross tonnage higher than one hundred fifty units (150 GT), must carry on board the following original documents:
1. Navigation Patent.
2. Gross tonnage International Certificate.
3. International Freeboard Certificate.
4. Steadiness non Failure Book.
5. Minimum Manning Certificate.
6. Oil Contamination International Certificate.
7. Oil Registry Book.
8. Oil Contamination Emergency Plan.
9. Titles and other documents demandable from the complete crew.
10. Security Actions International Certificate.
11. Master’s List.
12. Any other Certificate established by the Law.
Article 24 - All the cargo vessels with a gross tonnage higher than one hundred fifty units (150 GT), besides carrying on board the Certificates mentioned in the former clause, must carry the following Certificates and Documents:
1. Construction Security Certificate
2. Cargo Vessels Security Certificate.
3. Cargo Vessels Radio Electric Security Certificate.
4. Exemption Certificate in case it is necessary.
5. Declaration of Dangerous Goods.
Article 25 – Any vessel with a gross tonnage higher than one hundred fifty units (150 GT) transporting chemical substances must bear additional to the certificates required for the vessels registered in the Venezuelan Maritime Registry and for the cargo vessels, the following certificates and documents:
1. International Certificate for the Prevention of Contamination by Transportation of Liquid Dangerous Substances in Bulk.
2. Cargo Registration Book.
Article 26 – Any vessel transporting chemical products, with a gross tonnage higher than one hundred fifty units (150 GT), must bear, additional to the Certificates mentioned in the preceding articles of this Executive Decree, one of the following Certificates:
1. Competency Certificate for the Transportation of Dangerous Chemical Products in Bulk.
2. International Competency Certificate for the Transportation of Dangerous Chemical Products in Bulk.
Article 27 – Any gas tanker with a gross tonnage higher than one hundred fifty units (150 GT), must bear additional to the certificates required for the vessels registered in the Venezuelan Maritime Registry and for the cargo vessels, the following certificates and documents:
1. Competency Certificate for the Transportation of Liquate Gas in Bulk.
2. International Competency Certificate for the Transportation of Liquate Gas.
Article 28 – The liner vessel with a gross tonnage higher than one hundred fifty units (150 GT) shall carry the Security Certificate of the Liner Vessels.
Article 29 – Any high-speed liner vessel with a gross tonnage higher than one hundred fifty units (150 GT) shall carry, besides the Certificates required for its Registry and for the cargo vessels, the following certificates and documents:
1. Insurance Certificate for High Speed Vessels.
2. Exploitation Permit for High Speed Vessels.
Article 30 – Any vessel with a gross tonnage higher than one hundred fifty units (150 GT) registered in the Venezuelan Maritime Registry must have this law on board, besides the other laws, rules and international conventions which are assigned by the law, according to its destination; a vessel’s Port and Bridge Logbook and an Engine Logbook, approved by the National Institute for the Aquatic Spaces. In order to be valid these logbooks must be signed by a Harbor Master or the corresponding Consular Authority.