Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Kingdom of Morocco on Commercial Shipping”
Date of entry into force:
April 15, 2012
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Kingdom of Morocco on Commercial Shipping (hereinafter referred to as “Agreement”) was signed on December 7, 2009 in Rabat.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
Article 1 of the Agreement envisages that the purpose of the Agreement is:
- regulating and developing the relations between the two states in the sphere of commercial shipping;
- providing for close cooperation in the sphere of commercial maritime shipping;
- avoiding actions that would obstruct normal development of work related to maritime shipping;
- facilitating all-round development of trade and economic relations between the two states.
According to Article 2 of the Agreement, a Ship of the Contractual Party is any merchant vessel that is registered in the ship register of either Contractual Party and flies the state flag of that Contractual Party according to its national agreement. This term does not include:
- military ships and other state vessels built and used for non-commercial purposes;
- hydrographic, oceanographic and scientific research ships;
- fishing ships;
- nuclear ships;
- ships that do not correspond to the international conventions on safety, safeguarding and protection of the environment that the Contractual Party states are party to.
According to Article 4 of the Agreement, the Contractual Parties closely cooperate to avoid any actions that may obstruct shipping between their ports, and use all measures necessary for the development of maritime shipping, in order to satisfy the needs of foreign trade between the two states, according to their national legislation. The Contractual Parties respect the principles of free competition in the sphere of commercial shipping on the basis of equality and mutual advantage, according to the national legislation of both Contractual Party states. Each Contractual Party, within the limits of its national legislation, provides assistance for opening appropriate representative offices of shipping companies of the other Contractual Party on the territory of its State. The nature and activity of such representative offices is determined according to the national legislation of the receiving Contractual Party.
In its ports and territorial seas, each Contractual Party affords the ships of the other Contractual Parties the same treatment as to its own ships involved in international shipping, in respect of free access to ports, accrual of port fees and taxes, the use of ports for loading and unloading cargo and passengers, carrying out regular commercial operations, and using nautical services (Article 6 of the Agreement).
Article 7 of the Agreement envisages that documents confirming the nationality of the ship, measurement certificates and other ship documents issued or recognized by one of the Contractual Parties shall be recognized by the other Contractual Party.
The procedure for entry, exit, stay and transit of crew members is determined by Article 9 of the Agreement.
According to Article 10 of the Agreement, in case an offence is committed by a crew member of a ship of one Contractual Party on board of that ship during its stay in the territorial sea or a port of the other Contractual Party state, the appropriate authorities of the other shall not be persecuting such crew member, except in cases when:
- the committed crime is classified as a grave offence according to the legislation of the Contractual Party state;
- the consequences of the offence affect the territory of the state in which the ship is present;
- public order and safety in the state is disrupted;
- the offence was committed against a person that is not a crew member of the ship;
- the offence was committed against a crew member who is a citizen of the receiving state, or a foreign citizen permanently residing in that state;
- persecution is necessary to prevent illegal trafficking and trade of weapons, narcotic or psychotropic substances.
If a ship of either Contractual Party suffers a maritime casualty, is washed ashore, runs aground or suffers from any other accident in the territorial sea or a port of the other Contractual Party state, its crew, passengers and cargo will receive the same treatment, support and assistance on the territory of that Contractual Party state as its own ship would (Article 11 of the Agreement).