UAE updates restricted flag states for vessel classification

The UAE Federal Maritime Administration (FMA) represented by the Ministry of Energy and Infrastructure has issued Circular No. 10 of 2024, banning specific ships from operating in UAE waters and ports, including the Exclusive Economic Zone, for violating maritime laws.

Key Actions:

De-flagging of UAE-flagged Ships: Several UAE-flagged vessels have been de-flagged under Article 21 of Federal Decree-Law No. 43 of 2023 on Maritime Law. These vessels, involved in illegal oil operations, are now prohibited from operating in UAE waters and ports under any ownership. The following ships, owned by specific individuals and companies, have been listed for de-flagging:
- SEA SWIFT (IMO: 7807641), owned by Ahmed Hassan Ahmed Alali Shipping & Chandler EST.
- AL FAHAD 1 (IMO: 8968791), owned by the same company.
- ENEX 1 (IMO: 9242663), owned by Enex Ship Management L.L.C.
Ban on Foreign-flagged Ships: In addition to the de-flagging of UAE-flagged ships, several foreign-flagged vessels have been banned from entering UAE waters and ports, including the Exclusive Economic Zone. The violations committed by these ships include:
- Operating without proper permits as required by the UAE's Federal Decree-Law No. 43 of 2023.
- Violating Ministerial Resolution No. 73 of 2017, which prohibits foreign vessels from transporting oil and its products in UAE waters.
- Failure to install and operate automatic identification systems (AIS) as mandated by Ministerial Resolution No. 102 of 2017.
- Violating Circular No. 5 of 2024, which prohibits supply vessels from carrying, transporting, or trading petroleum products.

The foreign-flagged vessels that have been banned include:

GAS ORIENT (IMO: 8910897), flagged in Panama.
M POWER (IMO: 9009982), flagged in Tanzania.
LUNIS (IMO: 9200859), flagged in Panama.
Several other ships flagged in countries like St. Kitts & Nevis, Tanzania, and Panama, along with a few vessels flagged falsely under Eswatini and other nations.

Violations and Reasons for Ban:

The circular outlines several reasons for banning these ships:

Operating in UAE waters without the necessary maritime permits from the Maritime Administration.
Transporting oil products illegally, as foreign vessels are barred from engaging in such activities under UAE law.
Failing to meet safety and operational standards, including the mandatory installation of AIS systems to ensure traceability and monitoring of vessel activities in UAE waters.
Engaging in illegal oil trade operations, a serious violation that compromises maritime security and the economic integrity of the UAE.

Consequences for Non-compliance:

The circular mandates that all the listed ships must leave UAE waters, including the exclusive economic zone, with immediate effect. If any of these ships are found operating in UAE waters again, they will be referred to the Wreck and Violating Ships Committee for auctioning. This action will be taken in accordance with Cabinet Resolution No. 71 of 2021, which governs the handling of wrecked and violating ships in UAE waters.

Warning to Ship Agents and Marine Companies:

The Maritime Administration has issued a stern warning to ship agents and marine companies against engaging in any business with the banned ships listed in the circular. Any company that provides services to these ships could face legal action. This is intended to ensure strict enforcement of the ban and prevent any circumvention of the rules.

Legal Ramifications:

The circular also notes that the measures taken by the Maritime Administration do not prevent other authorities from taking additional legal actions against the violating ships. This means that various government agencies in the UAE may impose further sanctions or pursue additional legal proceedings against these vessels or their owners for breaching maritime and national security laws.