CDP 101 Consolidated 2002
CDP 101 Consolidated 2002
Commonwealth of Dominica
Maritime Administration
1 MARITIME ADMINISTRATION
Part I - General
1. Short title
2. Statement of policy and application
3. Maritime Administration
4. Deputy Administrator of Maritime Affairs
5. Deputy Administrator of Financial Affairs
6. Deputy Administrator of Marine Personnel
7. Assistant Administrators of Maritime Affairs
8. Special Agents
9. Records Relating to Vessels
10. Authority to administer oaths and acknowledgments
11. Authority to Issue Licenses, Certificates and Other Documents
12. Suspension and revocation proceedings
13. Fees
14. Definitions
15. Separability
16. General penalty for violation
17. Jurisdiction
18. Appeal from Deputy Administrator’s, Assistant Administrator’s or Special Agent’s decision
19. Immunity from liability and suit
Part II - Radio Authority
20. Authority to issue radio station licenses
21. Regulations
Part III - Vessel Inspection
22. Marine safety inspection
23. Regulations
Part IV - Rules of Navigation
24. Regulations for preventing collisions
25. Vessel under oars
26. Penalty for violation of rules by pilot, Engineer, Mate or Master
4 CARRIAGE BY SEA
143. Definitions
144. International convention
145. Action for compensation
146. Limitation fund
147. Procedure
148 Certificate of insurance
149. Penalty for lack of Certificate
Part I – General
155A. Definitions
156A. Application
157A. Full complement required
158A. Officer’s licenses
159. Penalty for misuse of licenses or certificates
160. Termination of employment of Master
161. Duties of the Master
162. Special powers of Masters
163. Certain seaman’s rights provided for Master
164. Master’s wrongful death
Part III Rights and Duties of Seamen
165. Shipping Articles required
166. Penalty for alteration of shipping Articles
167. Penalty for shipment without Shipping Articles
168. Duration and extension of Shipping Articles
169. Termination of Shipping Articles
170. Required documents for seafarers
171. Minimum age at sea
172. Payment of wages
173. Wages for unjustifiable discharge
174. Stowaway entitled to wages, if there is an agreement
175. Grounds for discharge
Part I – General
208. Establishment of Maritime Corporate Registry
209. Definition
210. Authorization of foreign Corporations
Introduction
This Publication, printed as of January 19, 2001, contains the full text of the International Maritime Act,
2000 (Act 9), enacted by the Parliament of the Commonwealth of Dominica and passed in the House of
Assembly on September 5, 2000.
The Chapters in this Title have been codified and numbered and conform to the style of the Act. No
substantive changes were made in this recodification. Information on vessel registration and the
recordation of mortgages and related instruments may be found in Commonwealth of Dominica Vessel
Registration and Mortgage Recording Procedures, document No. CDP-200, published by Dominica
Maritime Registry, Inc. This document, together with additional copies of the International Maritime Act,
2000, and further information on the maritime and corporate programs of the Commonwealth of
Dominica, may be obtained from:
1. This Act may be cited as the INTERNATIONAL MARITIME (AMENDMENT) ACT, 2002. [A2]
2. (1) This Act is intended, and shall be construed, to encourage and foster the growth and
development of the foreign commerce of the Commonwealth of Dominica in a manner that is
consistent with the national defense and security as well as the ecological well-being of the
Commonwealth of Dominica.
(2) Vessels eligible to be documented or re-documented under the provisions of this Chapter
include yachts, fishing vessels, and vessels built anywhere and operated under the flag of the
Commonwealth of Dominica having to comply with: [A2]
(a) the International Convention on Load Lines, 1966; or [A2]
(b) any Regulations made by the Minister [A2]
(3) All matters affecting the internal order and economy of vessels registered under this Act,
including labor relations, shall be governed by this Act.
(2) The Minister shall appoint a Maritime Administrator to carry out the following functions:
(a) administer all matters pertaining to vessels of Dominica engaged in foreign trade and
which are subject to this Act;
(b) ensure the seaworthiness of ships of the Commonwealth of Dominica; and
(c) establish proper manning conditions on board.
(3) The Maritime Administrator may, by Instrument in writing, delegate to the persons mentioned
in Section 4, any of the functions conferred on him by this Act. [A1]
(4) The Minister may make rules and regulations for the better carrying out of the provisions of
this Act.
(2) A Deputy Administrator and Assistant Administrator appointed under subsection (1) shall
have such authority as may be conferred on them by the Maritime Administrator. [A1]
5. REPEALED [A1]
6. REPEALED [A1]
7. REPEALED [A1]
8. The Maritime Administrator, may from time to time appoint one or more Agents (“the Special
Agents”) to act on his behalf in connection with the registration and documentation of vessels and
the recording of instruments in relation thereto.
9. There shall be maintained at an office in the United States of America designated by the Maritime
Administrator a public register consisting of appropriate indexes where there shall be recorded or
filed, in properly allocated and accessible form, all documents of the following nature:
10. The Maritime Administrator, Deputy Administrator of Maritime Affairs, each Assistant
Administrator and each Special Agent may administer all oaths, take all acknowledgments and
make all proofs of due execution required by this Act either in or outside of Dominica.
11. (1) The Maritime Administrator, is authorized to issue, in accordance with subsection (2), all such
licenses, certificates, or other documents for officers and ship’s personnel on vessels of Dominica
necessary or proper for carrying out the purposes of this and any Rule or Regulation made in
furtherance hereof or of any International Convention or Agreement to which Dominica is or may
become a party.
(2) In aid of licensing, certificating and upgrading of ship’s officers and personnel, the Minister
shall, from time to time, establish such standards, Rules and Regulations as shall be deemed by
(3) Failure of an owner of a vessel of Dominica to file any required report relating to officers and
other ship’s personnel employed on the vessel shall result in an automatic fine of five thousand
five hundred dollars (US $5,500) for each offense, and until paid each such fine shall constitute a
maritime lien on the vessel.
(4) (a) Failure of an owner of a vessel of Dominica to ensure that each officer employed on
the vessel is the holder of a valid license of competence of Dominica to fill the position
held by him shall subject the owner to a fine
of seven hundred fifty dollars (US $750) for each officer so employed who is not the
holder of such license of Dominica.
(b) Where such failure is admitted or is established by any required report, the fine shall
be automatic.
(c) If, a proper license for each such officer is obtained within thirty (30) days of notice
from the Maritime Administrator, the fine with respect thereto shall be remitted.
(c) Until paid or remitted, each fine shall constitute a maritime lien on the vessel.
13. The Minister may prescribe by Regulation all necessary and proper fees, except in cases where
the fee is already provided for in this Act.
14. The words “document” and “enroll” or any of their derivatives, as used throughout this Act, have
the same meaning as the word “register” or its derivatives.
15. If any provision of this Act, or the application of any provision to any circumstance or person, shall
be held invalid, the validity of the remainder of this part and the applicability of those provisions to
other circumstances, or to persons, shall not be affected thereby.
16. Any person who is convicted by a court of competent jurisdiction of a violation of any of the
provisions of Sections 28, 42, 44, 50, 52, of this Act or of any Rules and Regulations made in
accordance with this Act shall, upon conviction, be liable to a fine not exceeding twenty-five
thousand dollars (US $25,000) or imprisonment for a term not exceeding ten (10) years, or both.
16A. Notwithstanding anything in this Act or any other law, Regulations made under this Act may
empower the Maritime Administrator to impose a fine up to EC 150,000 dollars and such fines
shall be a lien on the ship or vessel as the case may be. [A2]
17. All causes of action arising out of, or under, this Act are hereby declared to and shall be
cognizable before the High Court of Dominica, sitting in Admiralty; but, except as otherwise
specifically provided in this Act, the provisions of this Section shall not be deemed to deprive
other Courts, of Dominica or elsewhere, of jurisdiction to enforce such causes of action.
18. (1) Appeal from any decision of a Deputy Administrator or any Assistant Administrator or any
Special Agent pursuant to any Section of this Act or any Rules and Regulations thereunder, may
be taken to the Maritime Administrator.
(2) Upon exhaustion of administrative remedy, appeal may be taken to the High Court of
Dominica, sitting in Admiralty.
19. (1) In the performance of their duties, the Maritime Administrator, Deputy Maritime Administrators,
any Assistant Administrator, Special Agent, and/or any agent appointed, authorized, recognized,
and/or designated by the Maritime Administrator or by any person acting on their behalf for the
administration of the provisions of this Act or any Regulation made thereunder or for the
performance of statutory certification or classification services, together with any affiliate of any
(2) The immunity provided by subsection (1) shall only apply to those acts or omissions of agents
and/or employees of the Maritime Administrator, Deputy Maritime Administrators, any Assistant
Administrator, or Special Agent done by them in the course of and in connection with the
administration of the Commonwealth of Dominica Maritime Program created by this Act.
20. (1) The Maritime Administrator, may issue ship radio station licenses in respect of radio
transmitting apparatus located on board vessels registered under the laws of Dominica, and the
Minister may, from time to time, make such Rules and Regulations, as are deemed by him
necessary and appropriate to implement this provision.
(2) Ship radio station licenses issued under subsection (1) shall be for the purpose of engaging in
shipping communications only.
22. In order to promote the safety of life and property at sea, vessels registered under this Act shall
be required to undergo inspection and shall at all times carry on board such proof of inspection as
may be required by Law.
23. The Minister shall, from time to time, make such Rules and Regulations, as may be deemed by
him necessary and appropriate to the efficient administration of vessel inspections.
24. The International Regulations for Preventing Collisions at Sea, 1972, as amended, and such
changes therein as in the future may be made by any International Convention to which the
Commonwealth of Dominica becomes a State Party, shall be followed by all vessels and
seaplanes navigating all harbors, rivers, and inland waters of Dominica; and shall be followed by
all vessels of Dominica and seaplanes upon the high seas and in all waters connected therewith
navigable by seagoing vessels except as provided in Rule 1 of the foregoing Regulations; and the
foregoing Regulations shall have effect as if specifically enacted by statute and fully set out
herein.
25. The term “vessel under oars” as set out in Rule 25 of the foregoing Regulations includes canoes
and various nondescript local craft.
26. (1) A Pilot, Engineer, Mate, Master or other person in charge of any vessel, boat, canoe, or
nondescript lock craft who neglects or refuses to observe the provisions of this Part is liable on
conviction to a penalty of five hundred dollars (US $500), and for all damages sustained by any
passenger in his person or baggage resulting from that neglect or refusal;
(2) Nothing in subsection (1) shall relieve any vessel, owner, corporation, or other person from
any other liability incurred by reason of that neglect or refusal.
28. (1) In every case of collision between two vessels, the Master or person in charge of each vessel
shall, if and insofar as he can do so without serious danger to his own vessel, crew, and
passengers (if any),
(a) stand by the other vessel until he has ascertained that it needs no further assistance;
(b) render to the other vessel, and to its Master, crew, or passengers (if any), such
assistance as may be practicable and necessary to save them from any danger caused
by the collision;
(c) report to the Master or person in charge of the other vessel the name of his own
vessel, its port of registry or the port to which it belongs, and the names of the ports from
which and to which it is bound.
(2) If he fails, without reasonable cause, to comply with subsection (1), the collision shall, in the
absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or
default.
2
Documentation and Identification of Vessels
Part I Vessel Registration
29. (1) No vessel subject to Chapter 1 shall be documented or re-documented under the laws of
Dominica or be accorded the rights and privileges of a vessel of Dominica unless that vessel is
registered in accordance with the provisions of this Part. [A1]
(2) The home port of every vessel so registered shall be Roseau or Portsmouth, and the name of
the home port shall be shown on the Certificate of Registry.
30. (1) A yacht, fishing vessel, or vessel required to comply with the International Convention on Load
Lines 1966 or with any Regulations made by the Minister, built anywhere and owned by a:
[A2]
31. (1) For a vessel entering the registry or flag of Dominica, the Maritime Administrator may in cases
of international civil, political or military crisis temporarily suspend or modify the requirements of
this Chapter with respect to Permissions for Transfer and Certificates of Deletion, as well as
related documentation, and for good cause shown, permit that vessel to be documented under
this Chapter.
(2) A vessel owned by citizens of countries other than Dominica, entering the registry or flag of
Dominica, may have its registry temporarily changed to the flag of the owner’s natural citizenship
if that nation so requests in times of national emergencies.
33. With respect to vessels registered under this Chapter, the Minister shall establish by Regulations,
all necessary and proper registration fees.
35. Upon receipt of the written application of an owner of a vessel eligible for documentation for the
issuance of a Certificate of Registry for the vessel, accompanied by the oath required by Section
36, the Maritime Administrator may, upon payment of the prescribed fees, issue a Permanent
Certificate of Registry for the vessel if the owner furnishes proof satisfactory to the issuing officer:
36. (1) In order to document a vessel, the owner, managing owner, part owner, or his agent,
authorized by Power of Attorney where that vessel is owned by individuals, or in the case of a
corporate-owned vessel, by the President, Vice President, Secretary or Assistant Secretary of the
corporation or other officer or agent as authorized in writing, or, under proper authority by any
other form of ownership, shall take an oath declaring the name of the vessel, its net tonnage, the
place where built, the date when built, the name and residence of any other owner and his
citizenship, each owner’s proportion, and the name of the applicant and his citizenship.
(2) The oath may be taken before the Maritime Administrator, Deputy Administrator or an
Assistant Administrator or a Special Agent or before a Notary Public or other officer authorized to
administer oaths by the laws of the place where the oath is administered.
(3) The names of the persons owning shares in an incorporated company owning that vessel
need not be stated and the oath of any other person interested and concerned in the vessel is not
required.
(4) An agent or attorney who purchases a vessel shall take an oath as to the ownership of the
vessel and that he is the agent or attorney for the owner and in such capacity has made such
purchase in good faith.
(5) Whenever the document of a vessel is lost or destroyed, the Master, or other person in
command, may take the following oath before the Maritime Administrator, Deputy Administrator or
a Assistant Administrator or an Agent
or before a Notary Public or other officer authorized to administer oaths by the laws of the place
where the oath is administered. at or nearest to the port where the vessel is first located after
such loss or destruction:
“I [insert the name of the person swearing] being Master or in command of the [insert type of
vessel] or vessel called the [insert the name of the vessel], Official No. [insert No.] owned by
[insert the name of the owner] of [insert domicile of the owner] do swear [or affirm] that the said
vessel has been, as I verily believe, registered according to the law of the Commonwealth of
Dominica by the name of [insert again name of vessel], and that a Permanent [or Provisional]
Certificate of Registry bearing No. [insert No. of lost Certificate] was issued for such vessel
pursuant to the laws of the Commonwealth of Dominica at [insert place of issuance of lost
37. (1) The Maritime Administrator or its duly authorized agent shall furnish forms of Provisional and
Permanent Certificates of Registry. [A2]
(2) A vessel’s documents shall be in the form obtainable from the Maritime Administrator.
(3) The Maritime Administrator may prescribe endorsements that may be made on vessel
documents from time to time, with or without issuance of a new document or surrender of the old
document.
38. (1) The Maritime Administrator or its duly authorized agent shall progressively number the
Registry Certificates granted by it, beginning anew at the commencement of each year, and shall
make a record thereof in a book kept for that purpose.
(2) Copies of all documents referred to in subsection (1) issued by or surrendered to the Maritime
Administrator shall be retained permanently.
39. (1) Upon compliance with the requirements of Sections 40, 65, or 72, a Provisional Certificate of
Registry may be issued by the Maritime Administrator, to vessels abroad which are to be
documented under this Chapter.
(2) Unless sooner revoked or suspended, a Provisional Certificate of Registry shall entitle the
vessel to the privileges of a vessel of Dominica in the foreign trade for a period not exceeding two
(2) years, as endorsed thereon.
(3) The Maritime Administrator shall prescribe the conditions in accordance with which
Provisional Certificates of Registry shall be issued and renewed and the manner in which they
shall be surrendered in exchange for Permanent
40. (1) Upon receipt by the office of the Maritime Administrator of the written application of an owner
of a vessel eligible for documentation under the laws of Dominica and requesting the issuance of
a Certificate of Registry for the vessel, accompanied by the oath or oaths required by Section 36,
and upon payment of the prescribed fees to the officer receiving the said application, the Maritime
Administrator may issue a Provisional Certificate of Registry for the vessel, if the owner furnishes
proof satisfactory to the officer receiving the application:
41. No documents may be granted or papers issued to any vessel until all applicable provisions of
this Part have been complied with.
42. A document shall be used solely on the vessel to which it is granted, and it shall not be sold, lent,
or otherwise disposed of to any person.
43. A registered vessel sold or transferred in whole or in part while outside Dominica, but without
change of Flag, shall comply with the provisions of this Part relating to the documentation of
vessels and a new document shall be obtained.
44. (1) The owner of a documented vessel which desires to transfer the vessel to foreign registry may
do so provided that there are no unfulfilled obligations to Dominica in respect of the vessel.
(2) Before a transfer is accomplished the registered owner shall surrender the ship’s document to
the Maritime Administrator.
45. Before a Certificate of Registry is accepted for surrender, the registered owner shall submit to the
Maritime Administrator a written application specifying the name of the vessel, the reasons for the
proposed surrenders the name and nationality of the proposed new owner, if any, and, if a
transfer to foreign registry is contemplated, the
46. (1) If a registered vessel is lost, taken by an enemy, burned, broken up, or otherwise prevented
from returning to the port to which she belongs, the Certificate of Registry, if preserved, shall be
delivered up within eight (8) days after the arrival of the Master or person in command, to the
Maritime Administrator.
(2) When the application is made for new registry of a vessel, its former Certificate of Registry
shall be delivered up to the Maritime Administrator.
(3) Where a Certificate of Registry is granted in lieu of one lost, the lost Certificate, if found, shall
be delivered up to the Maritime Administrator, who shall thereupon cancel it.
48. (1) (a) Whenever a documented vessel is sold or transferred wholly or partly without change
of flag, or is altered in form or burden, by being lengthened or built upon, or from one
denomination to another, by the mode or method
of rigging or fitting, she shall be documented anew, by her former name.
(b) Every such sale or transfer shall be evidenced by a written instrument in the nature of
a bill of sale to which is attached a true copy of the vessel’s latest Certificate of Registry
and otherwise the vessel shall not be documented anew.
(c) In cases of a combination vessel that can be used either for the carriage of liquid
cargo in bulk or dry cargo in bulk, if the Certificate of Registry shows the vessel in the
condition or use providing the greater net and gross tonnage and has attached thereto an
appendix showing the vessel in the other or use with the lesser gross and net tonnage,
then a change of a vessel from one condition or use to the other would not require the
vessel to be documented anew.
(2) When the Maritime Administrator determines that a vessel has been sold or transferred by
process of law, and that her document is retained by the former owner, he may grant a new
document under the sale upon the owner complying with the requirements of this Part, excepting
only the delivering up of the former document.
(3) Subsection (2) does not remove the liability of any person to any penalty for not surrendering
the papers be-longing to any vessel on a transfer or sale of the same.
(4) A vessel required by this Part to be documented anew, which is not so documented, shall not
be deemed a vessel of Dominica.
(5) If a former document has not been delivered up, except where it has been lost or destroyed
and the oath thereto has been taken, the owner of the vessel is liable to a penalty of not more
than five hundred dollars (US $500).
49. To register a vessel newly built and previously undocumented under any flag, for the first time,
the builder, by whom or under whose direction the vessel has been built, shall certify as follows:
50. (1) Every documented vessel shall have her name marked upon each bow and upon the stem
and the home port of Roseau or Portsmouth shall also be marked upon the stem.
(2) These names shall be painted or gilded upon baded or cast Roman letters in light color on a
dark background, or in a dark color on a light background, permanently affixed and distinctly
visible and the smallest letters used shall not be less than four (4) inches in size.
(3) Each vessel of Dominica, in addition to having her name painted on her stem, shall have the
same conspicuously placed in distinct, plain letters of not less than six inches in length, on each
side of the hull.
(4) The Maritime Administrator may prescribe a system of numbering documented vessels, and
the designated number of each vessel shall be marked permanently on her main beam.
(5) The draft of every registered vessel shall be marked upon the stem and stem post, in English
feet or in decimeters, in Arabic numerals, and the bottom of each numeral shall indicate the draft
to that line.
51. Upon the initial registration (either permanent or provisional) of a vessel, the Maritime
Administrator shall assign to the vessel an official number.
52. (1) The Maritime Administrator may change the name of a vessel of Dominica on application by
the owner.
(2) The Minister may make necessary Rules and Regulations, and procure necessary evidence
as to age, condition, where built, and pecuniary liability of the vessel so as to prevent injury to
public or private interests.
(3) Upon granting permission the Maritime Administrator shall cause the order for a change of
name to be published in at least four (4) issues of a newspaper at the place of documentation.
(4) The person desiring the change of name shall pay the cost of procuring evidence and
advertising.
(5) The following fees shall be paid by the owners of vessels for securing such changes of name:
(a) for vessels ninety net tons and under, fifty dollars (US $50);
(b) for vessels over ninety (90) and under five hundred (500) net tons, one hundred
dollars (US $100);
(c) for vessels over five hundred (500) and under one thousand (1,000) net tons, one
hundred fifty dollars (US $150);
53. (1) An officer designated by the Maritime Administrator, or who within Dominica is concerned in
the collection of government revenue, may at all times inspect the Certificate of Registry and
tonnage tax receipt of a vessel of Dominica.
(2) A Master who fails to exhibit the documents referred to in subsection (1) when required by an
officer, is liable to a penalty of five hundred dollars (U.S. $500), and if his failure is willful is liable
to a penalty not exceeding five thousand dollars (U.S. $5,000) and imprisonment for a period not
exceeding two (2) years.
54. (1) Upon arrival during customary business hours of a documented vessel at any foreign port
where there is a representative appointed by the Maritime Administrator, the Master, ship’s agent
or other authorized person shall,
upon request thereof, display to him on board, without payment of any fee, the vessel’s Certificate
of Registry and Annual Tonnage Tax Receipt.
(2) Only the Certificate of Registry and Annual Tonnage Tax Receipt shall be required to be so
displayed, and this requirement shall be waived when the vessel’s papers have been so
displayed in the same port within ninety (90) days previously.
(3) Where a request has been made and the ship’s papers have not been properly displayed, the
representative appointed by the Maritime Administrator making the request shall immediately
notify the Maritime Administrator of such non-compliance.
(4) Whether local port regulations do or do not require clearance of a vessel from a representative
appointed by the Maritime Administrator, it shall not be required in relation to the clearance that
the signing on or off of crew or the execution of any ship’s papers or documents be done before a
representative appointed by the Maritime Administrator, or that any ship’s papers or documents
be witnessed, stamped or otherwise legalized by a representative appointed by the Maritime
Administrator.
55. (1) An owner, agent, attorney or other party (except for the Master) who willfully commits perjury
in an oath or affirmation taken to obtain documentation of a vessel, is liable to an automatic fine
of twenty-five thousand dollars (US $25,000) or imprisonment for not more than ten years, and
(2) A Master who willfully commits perjury in taking an oath or affirmation is liable to a penalty of
ten thousand dollars (US $10,000) or imprisonment for not more than five years; but the vessel
shall not be forfeited.
56. The Minister may, in keeping with the provisions of Section 3, make such Rules and Regulations
for the registration, identification and regulation of transfers of vessels as it may deem in the best
interests of the merchant marine and Maritime Program of Dominica.
57. (1) The Minister may from time to time establish, by Regulations, standards of seaworthiness
required for the registration of vessels and may appoint Classification Societies or others to
determine any questions involved.
(2) The Minister may from time to time prescribe by Regulations safety standards for small
vessels.
(3) For the purpose of this section “small vessels” include:
(a) commercial vessels under 500 tons and over 24 meters in length;
(b) commercial vessels under 24 meters; and
(c) pleasure vessels under 24 meters.
58. (1) Except as otherwise provided herein, registration fees, while payable in advance and due on
the first day of January in each year, may be paid without penalty in installments as follows:
59. (1) From the time of issuance of a Certificate of Registry and until its expiration, termination,
revocation or cancellation, whichever first occurs, the vessel shall be granted and shall enjoy the
right to fly the Flag of Dominica exclusively, unless its Certificate of Registry is specifically
endorsed so as to withdraw that right.
(2) At all times during the period that a vessel has the right to fly the Flag of Dominica, the vessel
shall be subject to the exclusive jurisdiction and control of Dominica as the Flag State, in
accordance with the applicable International
Conventions and Agreements and with the provisions of this Act and any Regulations or Rules
made thereunder.
60. A vessel shall not be permanently registered until measured by a person appointed by the
Maritime Administrator.
61. The person or agent appointed under Section 60 to measure a vessel shall certify, specifying the
building of the vessel, number of decks and masts, length, breadth, depth, tonnage or tonnages,
and such other particulars usually descriptive of the identity of a vessel, and that the markings
required by Section 50 have actually been made.
62 The Minister shall, by Regulations, prescribe the method of measurement for all vessels
registered under this Chapter.
63. (1) Each ship’s permanent document shall state the gross and net tonnage or tonnages
determined in accordance with such rules and regulations as the Minister may prescribe.
(2) Upon application by the owner or Master of a vessel of Dominica in foreign trade, the Maritime
Administrator or its duly authorized agent may attach to the document an appendix stating
separately, for use in foreign ports, the
measurement of such space or spaces as are there permitted to be deducted from gross tonnage
or tonnages.
64. (1) A citizen or national of Dominica or a Foreign Maritime Company registered on the Maritime
Corporate Register who obtains a waiver pursuant to Section 30 (3), desiring to obtain provisional
registration under this Act of a vessel which such citizen or national or Foreign Maritime Company
possesses by bareboat charter, and which in all respects other than ownership complies with the
requirements of Part I of this Chapter, must cause the charter party to be duly recorded in books
to be kept for that purpose and indexed to show:
66. (1) When the charter party has been recorded and an application for registration of the vessel has
been executed and filed by the bareboat charterer together with all necessary documents and
payment of all taxes and fees, the Maritime Administrator shall issue to the vessel a Provisional
Certificate of Registry, valid for a period not exceeding two (2) years or until the date of
termination of the bareboat charter, whichever first occurs.
(2) Prior to the expiration of the current Provisional Certificate of Registry, the bareboat charterer
may obtain a reissued Provisional Certificate of Registry, valid for a period not exceeding two (2)
years.
(3) In no case may a Provisional Certificate of Registry reissued under this subsection (2) bear an
expiration date later than or remain valid beyond the date of termination of the bareboat charter.
67. (1) If the bareboat charterer breaches the under-taking given under Section 65, or if a vessel
while registered under any provisions of this Chapter is found flying or pretending entitlement to
fly the flag of a foreign State without first complying with Sections 69 and 70, the owner and/or
bareboat charterer is liable to pay an administrative penalty not exceeding one hundred fifty
thousand dollars (US $150,000), which shall until paid constitute a maritime lien upon the vessel
and that penalty may be imposed without regard to any other penalties for per-jury or fraud.
(2) The bona-fide grant by a foreign State of the right to fly the flag of that State shall, from the
time of such grant, terminate provisional registration of a vessel in Dominica under Section 66,
but shall not terminate registration of a vessel of Dominica under any other Section of this
Chapter.
68. (1) Without prejudice to the continuing foreign legal status of a ship mortgage, hypothecation or
similar charge made and registered in accordance with the laws of a foreign State, a notice may
be recorded in the central office of the Maritime Administrator in the United States of America,
that that mortgage exists.
(2) No notice in respect of a ship mortgage, hypothecation or similar charge, or any other
instrument related thereto shall be accepted for recording under this Section unless it has first
been duly and validly executed and registered in the foreign State of registration of the vessel.
(3) If there is more than one mortgage, hypothecation or similar charge, then notices in respect of
all those instruments may be recorded under the provisions of this Section in the same order as
they are registered in the foreign State of registration.
Foreign Registration
69. No vessel registered under the provisions of this Chapter may obtain valid bareboat charter
registration in a foreign State unless the owner first applies for and receives the permission of the
Maritime Administrator.
70. In the event that the vessel is subject to one or more Preferred Ship Mortgages of Dominica, the
written consent of each mortgagee to the foreign bareboat charter registration shall be duly filed
prior to issuance of a Certificate of Permission under Section 71.
71. Upon granting permission under Section 69 for a vessel of Dominica to obtain bareboat charter
registration in a foreign State, the Maritime Administrator shall issue a Certificate of Permission to
obtain such registration.
72. (1) The Certificate of Permission for Bareboat Charter Registration in a Foreign State shall
declare that the right to fly the Flag of Dominica and to show the home port of Roseau or
Portsmouth is withdrawn while the vessel is subject to the bareboat charter identified in the
Certificate.
(2) The Certificate shall also state that Dominica recognizes the named foreign State as the
competent authority to exercise exclusive jurisdiction and control over the vessel in accordance
with the applicable International Conventions and Agreements.
(3) Notwithstanding that the right to fly the Flag of Dominica was withdrawn during the period of
bareboat charter registration in the foreign State, in the event that the vessel remains subject to
one or more Preferred Ship Mortgages
recorded under this Act, the mortgage shall, unless satisfied, released or discharged of record,
remain in full force and effect and be governed solely and exclusively by the laws of Dominica.
(2) The endorsed Provisional Certificate of Registry, together with all other documents and
certificates issued by Dominica to the vessel, shall be surrendered to and retained by the
Maritime Administrator.
(3) Prior to the expiration of the current Provisional Certificate of Registry, the owner may obtain a
reissued Provisional Certificate of Registry valid for a further period not exceeding two (2) years.
(4) In no case may a Provisional Certificate of Registry reissued under this subsection (3) bear an
expiration date later than or remain valid beyond the date of termination of the bareboat charter.
3
Preferred Ship Mortgages
and Maritime Liens
74. (1) A sale, conveyance, hypothecation, mortgage or assignment of mortgage of any vessel shall
not be valid in respect of that vessel, against any person other than the grantor or mortgagor, his
heirs or devises and persons having actual notice thereof until the instrument evidencing the
transaction is recorded in the central office of the Maritime Administrator.
(2) Each duly appointed representative of the Maritime Administrator, wherever located, has full
authority to accept for filing such instrument or instruments.
(3) A mortgage recording fee of twelve hundred fifty dollars (US $1,250) shall be paid by the
owner of the vessel.
(4) The central office of the Maritime Administrator in the United States of America, or its duly
appointed representative elsewhere, shall record such instruments in the order of their reception
in appropriate indexes to be kept for that purpose, showing:
(a) the name of the vessel;
(b) the names of the parties;
(c) the time and date of reception of the instrument affected;
(d) the interest in the vessel transferred or affected; and
(e) the amount or amounts of the direct or contingent obligations, including those
provided for in Section 81, that are or may become secured by the mortgage.
(5) An instrument referred to in this chapter shall be submitted for recording on such form as may
be prescribed or approved by the Maritime Administrator. [A1]
75. (1) A valid mortgage, whenever made, which at the time it is made includes the whole of any
vessel, shall have a preferred status in respect of that vessel as of the date of its recording if the
mortgage is recorded as provided herein.
(2) The preferred status of a mortgage under this Chapter shall not be prejudiced or impaired by
reason of the fact that such instrument secures the payment, pledge or assignment of monies or
rights, due or to become due to the owner or other party, such as but not limited to guarantee
fees, insurance, options, charter hire, freight revenues, or any other fees, costs, or charges, direct
or contingent, incidental to the sale, purchase or operation of a vessel of the Commonwealth of
Dominica; or by reason of any provision of section 81, or by reason of the fact that no advance of
monies is or has been made at the time of its recording. [A1]
(3) Notwithstanding subsection (1) a valid mortgage whenever made which: [A1]
(a) includes the whole of any vessel; [A1]
(b) is recorded as provided herein; and [A1]
(c) is granted in continuation of a prior recorded mortgage, hypothecation or similar
charge on such vessel, whether granted under the Laws of Dominica or the laws of
another country under which the vessel was documented at the time that prior
mortgage was recorded, shall have preferred status in respect of such vessel as of
the date of recordation of that prior mortgage. [A1]
(4) For the purposes of this section, a mortgage “granted in continuation of a prior recorded
mortgage, hypothecation or similar charge” means a mortgage on a vessel of Dominica
where, [A1]
(a) the vessel covered by such mortgage is a vessel covered by the prior mortgage,
hypothecation or similar charge; [A1]
(b) the obligations secured by such mortgage are obligations secured by a prior
mortgage, hypothecation or similar charge; [A1]
(c) such mortgage is granted by the current vessel owner whether or not the owner is the
vessel owner who granted the prior mortgage, hypothecation or similar charge; and
[A1]
(d) for a vessel entering the Registry of the Commonwealth of Dominica, such mortgage
is recorded during the period prescribed. [A1]
76. (1) The interest of a mortgagee in a vessel registered under this Act shall not be terminated by a
forfeiture of the vessel for a violation of any law of Dominica, unless the mortgagee authorized,
consented, or conspired to effect the illegal act, failure, or omission which constituted the
violation.
(2) A vessel which is the subject of a Preferred Mortgage may not be canceled from the Register
for so long as the indebtedness secured by the Preferred Mortgage remains unsatisfied or the
Mortgage is not otherwise discharged; provided however, that the Maritime Administrator may,
not less than sixty (60) days following the mailing of notice to all mortgagees of record at their last
known mailing addresses of its intent to do so, strike a vessel from the Registry and Flag of
Dominica as a result of receipt by it of evidence satisfactory to it that the vessel has been lost,
destroyed, or transferred to another registry following sale by order of an Admiralty Court in a civil
action in rem; such administrative action by the Maritime Administrator shall not impair or affect
the lien or status of any Preferred Mortgage recorded under this Chapter, nor shall it terminate
the interest of a mortgagee in such a vessel.
(2) A mortgage or certificate of discharge thereof shall not be recorded unless it bears an apostille
issued by a competent authority of a State Party to the Hague Convention of 5 October 1961, as
amended, or has been acknowledged or is submitted with such other proof of due execution as
may be required by
Regulation.
78. The office of the Maritime Administrator that is located in the United States of America or its duly
appointed representative elsewhere may accept for recording any bill of sale or other conveyance
of a vessel or a facsimile thereof, the original of which has been received by a Deputy
Administrator, any Assistant Administrator or any Special Agent, which recites the interest of the
seller in the vessel and the interests sold or conveyed, provided it has previously been
acknowledged or is submitted with such other proof of due execution as may be required by
Regulation, and provided further that any bill of sale of a vessel already documented under the
laws Dominica must have attached thereto a true copy of its latest Certificate of Registry.
79. (1) The office of the Maritime Administrator which is based in the United States of America, or its
duly appointed representative elsewhere, may accept for recording any mortgage on a vessel,
whenever made, which recites the interest of the mortgagor in the vessel and the interest so
mortgaged, provided it bears the Hague Convention apostille or has been acknowledged or is
submitted with such other proof of due execution as may be required by Regulation, and provided
further that written proof is furnished to it of the amounts and dates of any documents or evidence
of debts in support thereof.
(2) The central office of the Maritime Administrator or its duly appointed representative elsewhere
shall record a mortgage or related instrument submitted to it in proper form, and shall thereupon,
upon request, issue a Certified Extract of the Preferred Mortgage Index of the public register
maintained by the Maritime Administrator, as evidence of recording of a Preferred Ship Mortgage
under this Chapter.
(3) A Certificate of Ownership and Encumbrance shall, upon timely request, be issued by the
central office of the Maritime Administrator or its duly appointed representative elsewhere, setting
out all recorded mortgages, encumbrances and related instruments with respect to a vessel
registered under this Act as of the time and date of its issuance.
80. (1) A mortgage which complies with the conditions enumerated in this Chapter is a Preferred
Mortgage.
(2) A mortgage which secures more than one vessel may, at the option of the parties, provide for
separate discharge of that vessel.
(a) A Preferred Mortgage may secure future advances including contingent obligations
and shall not be extinguished or lose its priority because all previously outstanding
obligations secured thereby have been fully repaid or otherwise performed, provided that
an advance or other value is to be given at a later time pursuant to commitment existing
at the time the Mortgage is recorded.
(b) For the purpose of paragraph (a) an advance or other value is given “pursuant to
commitment” if the mortgagee or other person entitled to the benefit of the security of the
mortgage has bound himself to give it, whether or not a subsequent event of default or
other event not within his control has relieved or may relieve him from his obligation.
(c) When a Preferred Mortgage secures an obligation in respect of which one or more
advances or repayments may be made from time to time in the future and the maximum
amount outstanding under the obligation at any one time is limited to a certain amount,
the amount to be recorded with respect to the obligation may be either:
(i) the maximum amount that may be outstanding at any one time, or
(ii) the aggregate of all possible advances that may be made.
(d) A Preferred Mortgage made pursuant to commitment shall clearly indicate whether
the amount is the maximum amount that may be outstanding at any one time or is the
aggregate of all possible advances.
(2) Advances or other value given pursuant to agreement:
(a) Notwithstanding any other provision of this Chapter, a Preferred Mortgage may
secure an agreed-upon maximum amount representing all debts or obligations arising or
that may arise between the debtor and the creditor
within a specified period.
(b) The maximum amount may exceed the value of the vessel or vessels, which may
themselves represent only a part of all of the assets that are subject to the Preferred
Mortgage.
(c) Only indebtedness incurred on or prior to the maturity date or date of termination of a
Preferred Mortgage made “pursuant to agreement” shall retain its status and ranking as a
preferred maritime lien under this Chapter and the indebtedness secured thereby shall
include all expenses and interest associated with such indebtedness prior to maturity.
82. (1) The obligations secured by a Preferred Mortgage may be expressed in any unit or units of
account to which the parties may agree, including but not limited to currency of Dominica,
currency or currencies of any foreign State or States, or in equivalents of any other unit or units of
account established by intergovernmental organizations.
(2) If a Preferred Mortgage secures an obligation in one or more specified units of account and
there is an option to have a unit of account altered from time to time, the principal amount of the
mortgage to be recorded shall be denominated in one or more of the said specified units of
account.
(3) The recording may include as additional words “or an equivalent amount in any alternate unit
of account, “ or similar language, and if these additional words are recorded, no change in the
recorded amount shall be required to reflect the fact that the obligation or any portion thereof is
subsequently denominated in a different unit or units of account, unless the parties otherwise
agree.
83. (1) A Preferred Mortgage shall constitute a maritime lien upon the mortgaged vessel in the
amount of the outstanding mortgage indebtedness secured by the vessel.
(2) The lien of a Preferred Mortgage shall not be in any way impaired or affected because the
vessel’s document, following recording of the mortgage, has expired, or has been restrictively
endorsed, suspended, revoked or canceled.
84. Notwithstanding any other law to the contrary, a Preferred Mortgage may secure such interest,
including interest on interest, on an obligation secured by the mortgage as the parties may agree,
which interest may be at fixed rates, variable rates, rates based upon formulas, or by adding
margins to the mortgagee’s cost from time to time of funding an obligation secured by the
mortgage, or by any other method to which the parties may agree.
85. (1) The mortgagor, before executing a Preferred Mortgage, shall disclose to the mortgagee in
writing the existence of any maritime lien, prior mortgage, or other obligation or liability upon the
vessel to be mortgaged.
(2) After the execution of the Mortgage and before the mortgagee has had a reasonable time in
which to record it, the mortgagor, without the consent of the mortgagee, shall not incur any
contractual obligation creating a lien upon the vessel, other than liens for wages of stevedores
when employed directly by the owner, operator, Master, ship’s husband, or agent of the vessel,
for wages of the crew of the vessel, for general average or for salvage, including contract
salvage, or for tonnage taxes and other charges of the Maritime Administrator in respect of the
vessel.
(3) A person who, being a mortgagor or the president or principal officer of a corporate
mortgagor, violates this Section with intent to hinder, delay or defraud any existing or future
creditor of the mortgagor or any lien or of the
86. (1) Upon recording a Preferred Mortgage, two (2) certified copies thereof shall be delivered to the
mortgagor who shall place and use due diligence to retain one copy on board the mortgaged
vessel, and cause that copy and Certificate of Registry of the vessel to be exhibited by the Master
on request of any person having business which may give rise to a maritime lien or to the sale,
con-veyance, or mortgage of the vessel.
(2) The license of a Master who willfully fails to exhibit such documents may be suspended or
revoked and is liable to a fine of two thousand dollars (US $2,000).
87. The mortgagor upon a complete discharge of the mortgage indebtedness shall immediately file a
certificate of discharge duly executed by the mortgagee, his successors or assigns, with the
central office of the Maritime Administrator in the United States of America, or its duly appointed
representative elsewhere, which shall thereupon record the certificate; and the mortgagor may
similarly file a certificate of partial discharge duly executed by the mortgage, his successor or
assigns, which shall be similarly recorded.
88. (1) The lien of a Preferred Mortgage may be enforced in Dominica by a suit in rem in the High
Court of Dominica, sitting in Admiralty, upon default of any term or condition.
(2) In addition to any notice by publication, actual notice of the commencement of suit shall be
given by the plaintiff, in such manner as the Court directs, to the Master, other ranking officer, or
caretaker of the vessel, and to any person who has recorded a notice of claim of an undischarged
lien upon the vessel, unless after search by the plaintiff satisfactory to the Court such person is
not found within Dominica.
(3) Failure to give notice under subsection (2) shall not constitute a jurisdictional defect, but the
plaintiff shall be liable to the person for damages in the amount of his interest in the vessel
terminated by the suit.
(4) The lien of a Preferred Mortgage may also be enforced by a suit in rem in Admiralty or
otherwise in any foreign country in which the vessel is found, pursuant to the procedure of that
country for the enforcement of ship mortgages constituting maritime liens on vessels documented
under the laws of that country.
(5) Notwithstanding anything in this Chapter, the mortgagee may, in addition to all other remedies
granted by this Chapter, bring suit in person against the mortgagor, maker, co-maker, or
guarantor in any court of competent
jurisdiction for the amount of the outstanding mortgage indebtedness or for any deficiency in the
full payment thereof.
89. (1) As used in Sections 82, 88, 90 and 92 “Preferred Mortgage” includes, in addition to a
Preferred Mortgage made pursuant to the provisions of this part, any mortgage, hypothecation or
similar charge created as security upon any documented foreign vessel if that mortgage,
hypothecation or similar charge has been duly and validly executed and registered in accordance
with the laws of the nation where the vessel is documented.
(2) “Preferred Mortgage lien” includes the lien of that mortgage, hypothecation or similar charge.
90. Upon the sale of any vessel in a suit in rem in the High Court of Dominica, sitting in Admiralty for
the enforcement of a Preferred Mortgage lien, all preexisting claims in the vessel, including any
possessory common law lien, shall terminate and shall thereafter attach in like amount and in
accordance with their respective
priorities to the proceeds of sale; except that the Preferred Mortgage lien shall have priority over
all claims against the vessel, except liens arising prior in time to the recording of the Preferred
Mortgage as provided in this Part, liens for damages arising out of tort, liens arising under Section
58, liens for crew’s wages, for general average, and for salvage (including contract salvage) and
expenses and fees allowed and costs taxed by the Court.
91. (1) A person who furnishes, repairs, supplies towage, use of dry dock or marine railway, or other
necessaries, to any foreign or domestic vessel upon the order of the owner or a person
authorized by the owner, shall have a maritime lien on the vessel.
(2) The managing owner, ship’s husband, Master, or any person to whom the management of the
vessel at the port of supply is entrusted, including any such appointed by a charterer, owner pro
hac vice or agreed purchaser in possession, shall be presumed to have authority from the owner
to procure such necessaries; but a person tortuously or unlawfully in possession or charge of the
vessel shall not have authority to bind it.
(3) This Section does not confer a lien when the furnisher knew, or by exercise of reasonable
diligence could have ascertained, that because of the terms of a charter party, agreement for sale
of the vessel, or for any other reason,the person ordering necessaries was without authority to
bind the vessel therefor.
92. This Chapter does not prevent the furnisher of repairs, supplies, towage, use of dry dock or
marine railway or other necessaries, or the mortgagee, from waiving his right to a lien or, in the
93. (1) Nothing contained in any other provision of law, shall require, permit or be construed as
requiring or permitting, endorsements upon any vessel’s document in connection with the validity,
recording, designation as a Preferred Mortgage, or preferred status of any mortgage in respect of
any vessel, or the clearance to be given to that vessel following the recording of any such
mortgage.
(2) Notwithstanding the provisions of subsection (1), any vessel’s document issued or reissued
prior to the effective date of this Act and any instrument made, recorded and endorsed prior to the
effective date of this Act shall remain subject to the endorsement requirements previously
contained, until such time as the
vessel’s document is surrendered or reissued or a new document is issued, as
the case may be.
4
Carriage by Sea
Part I Carriage of Goods
“carrier” includes the owner or the charterer who enters into a contract of carriage with a
shipper;
“carriage of goods’’ means the period from the time when the goods are loaded on, to the time
when they are discharged from the ship; and
“contract of carriage” applies only to contracts of carriage covered by a bill of lading or any
similar document of title, in so far as the document relates to the carriage of goods by sea,
including any bill of lading or any similar document issued under or pursuant to a charter-party
from the moment at which the bill of lading or similar
document of title regulates the relations between a carrier and a holder of the same;
“foreign trade” means the transportation of goods between the ports of Dominica and, or
between, ports of foreign countries.
“goods” includes wares, merchandise, and articles of every kind, except live animals, and cargo
which by the contract of carriage is stated as being carried on deck and is so carried;
“ship” means a vessel used for the carriage of goods by sea.
96. (1) The carrier is bound, before and at the beginning of the voyage to exercise due diligence to:
(2) Whenever loss or damage has resulted from unseaworthiness, the burden of proving the
exercise of due diligence is on the carrier or other persons claiming exemption under this Section.
(3) Neither the carrier nor the ship is responsible for loss or damage arising or resulting from:
(a) act, neglect, or default of the Master, mariner, pilot, or the servants of the carrier in the
navigation or in the management of the ship;
(b) fire, unless caused by the actual fault or privity of the carrier;
(c) perils, dangers, and accidents of the sea or other navigable waters;
(d) act of God;
(e) act of war;
(f) act of public enemies;
(g) arrest or restraint of princes, rulers, or people, or seizure under legal process;
(h) quarantine restrictions;
(i) act or omission of the shipper or owner of the goods, his agent or representative;
(j) strikes, lockouts, stoppage or restraint of labor from whatever cause, whether partial or
general; however nothing herein contained shall be construed to relieve a carrier from
responsibility for the carrier’s own acts;
(k) riots and civil commotions;
(l) saving or attempting to save life or property at sea;
(m) wastage in bulk or weight or any other loss or damage arising from inherent defect,
quality, or price of the goods
(n) insufficiency of packing;
(o) insufficiency or inadequacy of marks;
(p) latent defects not discoverable by due diligence; and
(q) any other cause arising without the actual fault and privity of the carrier and without
the fault or neglect of the agents or servants of the carrier, but the burden of proof shall
be on the person claiming the benefit of this exception to show that neither the actual
fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier
contributed to the loss or damage.
(4) The shipper is not responsible for loss or damage sustained by the carrier or the ship arising
or resulting from any cause without the act, fault, or neglect of the shipper, his agents, or his
servants.
98. (1) The defenses and limits of liability provided for in this Part apply in any action against the
carrier in respect of loss or damage to goods covered by a contract of carriage whether the action
be founded in contract or in tort.
(2) If such an action is brought against a servant or agent of the carrier (that servant or agent not
being an independent contractor) that servant or agent is entitled to avail himself of the defenses
and limits of liability which the carrier is entitled to invoke under this Part.
(3) The aggregate of the amounts recoverable from the carrier, and the servants and agents,
shall in no case exceed the limit provided for in this Part.
(4) A servant or agent of the carrier is not entitled to avail himself of the provisions of this Section,
if it is proved that the damage resulted from an act or omission of the servant or agent done with
intent to cause damage or recklessly and with knowledge that damage would probably result.
99. (1) A carrier is at liberty to surrender in whole or in part all or any of his rights and immunities or to
increase any of his responsibilities and liabilities under this Part, provided that the surrender or
increase is embodied in the bill of lading issued to the shipper.
(2) The provisions of this Part do not apply to charter-parties, but if bills of lading are issued in the
case of a ship under a charter-party they shall comply with the terms of this Part.
(3) Nothing in this Part shall be held to prevent the insertion in a bill of lading of any lawful
provision regarding general average.
100. (1) Notwithstanding the provisions of the preceding “, a carrier, Master or agent of the carrier, and
a shipper are, in regard to any particular goods, at liberty to enter into any agreement in any
(2) Any agreement so entered into shall have full legal effect; except that this Section does not
apply to ordinary commercial shipments made in the ordinary course of trade but only to other
shipments where the character or condition of the property to be carried or the circumstances,
terms and conditions under which the carriage is to be performed are such as to reasonably
justify a special agreement.
101. Nothing contained in this Part shall prevent a carrier or a shipper from entering into any
agreement, stipulation, condition, reservation, or exemption as to the responsibility and liability of
the carrier or the ship for the loss or damage to or in connection with the custody and care and
handling of goods prior to the loading on, and subsequent to the discharge from, the ship on
which the goods are carried by sea.
102. (1) The provisions of this Part do not affect the rights and obligations of the carrier under the
provisions of Chapter 5 of this Act, or under the provisions of any statute for the time being in
force, relating to the limitation of the liability of the owners of sea-going vessel.
(2) This Part does not affect the provisions of any International Convention or national law
governing liability for nuclear damage.
103. Nothing contained in this Part shall be construed as permitting a common carrier by water to
discriminate between competing shippers similarly placed in time and circumstances, either:
(a) with respect to their right to demand and receive bills of lading subject to the
provisions of this Part; or
(b) when issuing bills of lading, either in the surrender of any of the carrier’s rights and
immunities or in the increase of any of the carrier’s responsibilities.
104. Where under the customs of any trade the weight of any bulk cargo inserted in the bill of lading is
a weight ascertained or accepted by a third party other than the carrier or the shipper, and the
fact that the weight is so ascertained or accepted is stated in the bill of lading, then,
notwithstanding anything in this Chapter, the bill of lading shall not be deemed, to be prima facie
evidence against the carrier on the receipt of goods of the weight so inserted in the bill of lading,
105. This Part applies to all contracts for carriage of goods by sea:
106. Notwithstanding any other provision of this Part, no owner of any vessel shall be liable to answer
for, or make good to any person, any loss or damage which may happen to any merchandise,
which is shipped, taken in, or put on board that vessel, by reason or by means of any fire
happening to or on board the vessel, unless the fire is caused by the actual fault or privity of the
owner.
“cabin luggage” means luggage which the passenger has in his cabin or is other-wise in his
possession, custody or control and luggage which the passenger has in or on his vehicle;
“carriage” means the following periods:
(i) with regard to the passenger and his cabin luggage, the period during which the
passenger and/or his cabin luggage are on board the ship or in the course of
embarkation or disembarkation, and the period during which the passenger and his cabin
luggage are transported by water from land to the ship or vice versa, if the cost of that
transport is included in the fare or if the vessel used for this purpose of auxiliary transport
has been put at the disposal of the passenger by the carrier, but, with regard to the
passenger, carriage does not include the period during which he is in a marine terminal
or station or on a quay or in or on any other port installation;
(ii) with regard to cabin luggage, also the period during which the passenger is in a
marine terminal or station or on a quay or in or on any other port installation if that
luggage has been taken over by the carrier or its servant or agent and has not been
redelivered to the passenger;
(iii) with regard to other luggage which is not cabin luggage, the period from the time of its
taking over by the carrier or his servant or agent on shore or on board until the time of its
re-delivery by the carrier or his servant or agent;
“carrier” includes the owner or the charterer who enters into a contract of carriage with a
shipper;
“contract of carriage” means a contract made by or on behalf of a carrier for the carriage by
sea of a passenger or of a passenger and his luggage, as the case may be;
109. (1) The carrier is liable for the damage suffered as a result of the death of or personal injury to a
passenger and the loss of or damage to luggage if the incident which caused the damage so
(2) The burden of proving that the incident which caused the loss or damage occurred in the
course of the carriage, and the extent of the loss or damage, lies with the claimant.
(3) Fault or neglect of the carrier or of his servants or agents acting within the scope of their
employment shall be presumed, unless the contrary is proved, if the death of or personal injury to
the passenger or the loss of or damage to cabin luggage arose from or in connection with the
shipwreck, collision, stranding, explosion or fire, or defect in the ship.
(4) In respect of loss of or damage to other luggage, fault or neglect shall be presumed, unless
the contrary is proved, irrespective of the nature of the incident which caused the loss or damage
and in all other cases the burden of
proving fault or neglect lies with the claimant.
110. (1) If the performance of the carriage or part thereof has been entrusted to a performing carrier,
the carrier shall nevertheless remain liable for the entire carriage according to the provisions of
this Part and in addition, the performing carrier shall be subject and entitled to the provisions of
this Part for the part of the carriage performed by him.
(2) The carrier is, in relation to the carriage performed by the performing carrier, liable for the acts
and omissions of the performing carrier and of his servants and agents acting within the scope of
their employment.
(3) Any special agreement under which the carrier assumes obligations not imposed by this Part
or any waiver of rights conferred by this Part shall affect the performing carrier only if agreed by
him expressly and in writing.
(4) Where and to the extent that both the carrier and the performing carrier are liable, their liability
shall be joint and several.
(5) Nothing in this Section shall prejudice any right of recourse as between the carrier and the
performing carrier.
112. If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to
his luggage was caused or contributed to by the fault or neglect of the passenger, the court
seized of the case may exonerate the carrier wholly or partly from his liability in accordance with
the provisions of the law of that court.
113. (1) The liability of the carrier for the death of or personal injury to a passenger shall in no case
exceed 46,666 units of account per carriage.
(2) Where in accordance with the law of the court seized of the case damages are awarded in the
form of periodic income payments, the equivalent capital value of those payments shall not
exceed the said limit.
114. (1) The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed
833 units of account per passenger, per carriage.
(2) The liability of the carrier for the loss of or damage to vehicles including all luggage carried in
or on the vehicle shall in no case exceed 3,333 units of account per vehicle, per carriage.
(3) The liability of the carrier for the loss of or damage to luggage other than that mentioned in
subsections (1) and (2) shall in no case exceed 1,200 units of account per passenger, per
carriage.
(4) The carrier and the passenger may agree that the liability of the carrier shall be subject to a
deductible not exceeding 117 units of account in the case of damage to a vehicle and not
exceeding 13 units of account per passenger in the case of loss of or damage to other luggage,
this sum to be deducted from the loss or damage.
115. (1) The Unit of Account mentioned in this Part is the Special Drawing Right as Fund.
(2) The amounts mentioned in Sections 113 and 114 shall be converted into the U.S. Dollar on
the basis of the value of the U.S. Dollar on the date of the judgment or the date agreed upon by
the Parties.
(3) The value of the U.S. Dollar, in terms of the Special Drawing Right, shall be calculated in
accordance with the method of valuation applied by the International Monetary Fund in effect at
the date in question for its operations
and transactions.
(2) Interest on damages and legal costs shall not be included in the limits of liability prescribed in
Sections 113 and 114.
117. If an action is brought against a servant or agent of the carrier or of-the performing carrier arising
out of damage covered by this Part, that servant or agent, if he proves that he acted within the
scope of his employment, is entitled to avail himself of the defenses and limits of liability which
the carrier or the performing carrier is entitled
118. (1) Where the limits of liability prescribed in Sections 113 and 114 take effect, they apply to the
aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to
any one passenger or the loss of or damage to his luggage.
(2) In relation to the carriage performed by a performing carrier, the aggregate of the amounts
recoverable from the carrier and the performing carrier and from their servants and agents acting
within the scope of their employment shall not exceed the highest amount which could be
awarded against either the carrier or the performing carrier under this Part, but none of the
persons mentioned is liable for a sum in excess of the limit applicable to him.
(3) In any case where a servant or agent of the carrier or of the performing carrier is entitled
under Section 117 to avail himself of the limits of liability prescribed in Sections 113 and 114, the
aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may
be, and from that servant or agent, shall not exceed those limits.
119. (1) The carrier is not entitled to the benefit of the limits of liability prescribed in Sections 113, 114
and 116(1), if it is proved that the damage resulted from an act or omission of the carrier done
with the intent to cause the damage, or recklessly and with knowledge that the damage would
probably result.
(2) The servant or agent of the carrier or of the performing carrier is not entitled to the benefit of
those limits if it is proved that the damage resulted from an act or omission of that servant or
agent done with the intent to cause the damage, or recklessly and with knowledge that the
damage would probably result.
121. (1) The passenger shall give written notice to the carrier or his agent:
122. (1) Any action for damages arising out of the death of or personal injury to a passenger or for the
loss of or damage to luggage shall be time-barred after a period of three (3) years.
(a) the court of the place of permanent residence or principal place of business of the
defendant; or
(b) the court of the place of departure or that of the destination according to the contract
of carriage, or
(c) a court of the State of the domicile or permanent residence of the claimant, if the
defendant has a place of business and is subject to jurisdiction in that State; or
(d) a court of the State where the contract of carriage was made, if the defendant has a
place of business and is subject to jurisdiction in that State.
(2) After the occurrence of the incident which has caused the damage, the parties may agree that
the claim for damages shall be submitted to any jurisdiction or to arbitration.
124. Any contractual provision concluded before the occurrence of the incident which has caused the
death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to
relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than
that fixed in this Part except as provided in Section 114(4), and any provision purporting to shift
the burden of proof which rests on the carrier, or having the effect of restricting the option
specified in Section 123(l), is null and void, but the nullity of that provision does not render void
the contract of carriage which remains subject to the provisions of this Part.
125. This Part does not modify the rights or duties of the carrier, the performing carrier, and their
servants or agents provided for in Part I of this Chapter, or in international conventions relating to
the limitation of liability of owners of seagoing ships.
126. No liability arises under this Part for damage caused by a nuclear incident:
(a) if the operator of a nuclear installation is liable for the damage under either the Paris
Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as
amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21
May 1963 on Civil Liability for Nuclear Damage; or
(b) if the operator of a nuclear installation is liable for the damage by virtue of a national
law governing the liability for that damage, provided that the law is in all respects as
favorable to persons who may suffer damage as either the Paris or the Vienna
Conventions.
“court” means, in Dominica, the High Court sitting in Admiralty, and outside of Dominica, a court
of competent maritime jurisdiction;
“salvage operations” includes operations referred to in Sections 129(1)(d), (e) and (f);
“salvor” means a person who renders services in direct connection with salvage operations;
“shipowner” means the owner, charterer, manager or operator of a seagoing ship;
128. (1) A shipowner or salvor, may limit his liability in accordance with the rules of this Chapter for
claims set out in Section 129.
(2) If any claims set out in Section 129 are made against any person for whose act, neglect or
default the shipowner or salvor is responsible, that person shall be entitled to avail himself of the
limitation of liability provided for in this Chapter.
(3) In this Chapter the liability of a shipowner includes liability in an action brought against the
vessel herself.
(4) An insurer of liability for claims subject to limitation in accordance with the rules of this
Chapter is entitled to the benefits of this Chapter to the same extent as the assured himself.
(5) The act of invoking limitation of liability does not constitute an admission of liability.
129. Subject to sections 130 and 131, the following claims, whatever the basis of liability may be, are
subject to limitation of liability:
(a) claims in respect of loss of life or personal injury or loss or damage to property
(including damage to harbor works, basins and waterways and aids to navigation),
occurring on board or in direct connection with the operation of the ship or with salvage
operations, and consequential loss resulting therefrom;
(b) claims in respect of loss resulting from delay in the carriage by sea of cargo,
passengers or their luggage;
(c) claims in respect of other loss resulting from infringement of rights other than
contractual rights, occurring in direct connection with the operation of the ship or salvage
operations;
132. Where a person entitled to limitation of liability under the rules of this Chapter has a claim against
the claimant arising out of the same occurrence, their respective claims shall be set off against
each other and the provisions of this Chapter shall only apply to the balance, if any.
133. (1) The limits of liability for claims other than those mentioned in Section 134, arising on any
distinct occasion, shall be calculated as follows:
(2) For the purpose of this Section “claims for loss of life or personal injury to passengers of a
ship” means any such claims brought by or on behalf of any person carried in that ship:
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which
are covered by a contract for the carriage of goods.
135. (1) The Unit of Account referred to in Sections 133 and 134, is the Special Drawing Right as
defined by the International Monetary Fund.
(2) The amounts mentioned in Sections 133 and 134 shall be converted into the U.S. Dollar
according to the value of the U.S. Dollar at the date the limitation fund shall have been
constituted, payment is made, or security is given which the Court deems equivalent to such
payment.
(3) The value of the U.S. Dollar in terms of the Special Drawing Right shall be calculated in
accordance with the method of valuation applied by the International Monetary Fund in effect at
the date in question for its operations
and transactions.
136. (1) The limits of liability determined in accordance with Section 133, applies to the aggregate of
all claims which arise on any distinct occasion:
(a) against the person or persons mentioned in Section 127, and any person for whose
act, neglect or default he or they are responsible;
(b) against the shipowner of a ship rendering salvage services from that ship and the
salvor or salvors operating from that ship and any person for whose act, neglect or
default he or they are responsible; or
(c) against the salvor or salvors who are not operating from a ship or who are operating
solely on the ship to, or in respect of which, the salvage services are rendered and any
person for whose act, neglect or default he or they are responsible.
(2) The limits of liability determined in accordance with Section 133, apply to the aggregate of all
claims subject thereto which may arise on any distinct occasion against the person or persons
mentioned in Section 127 in respect of the ship referred to in Section 134, and any person for
whose act, neglect or default he or they are responsible.
137. (1) Limitation of liability may be invoked in the defense of an action notwithstanding that a
limitation fund as mentioned in Section 138, has not been constituted.
(2) If limitation of liability is invoked without the constitution of a limitation fund, the provisions of
Section 139, shall apply correspondingly.
(3) Questions of procedure shall be resolved in accordance with the lex fori.
138. (1) A person alleged to be liable may constitute a fund with the Court in respect of claims subject
to limitation and the fund shall be constituted in the sum of such of the amounts set out in
Sections 133 and 134, as are applicable to claims for which that person may be liable, together
with interest thereon from the date of the occurrence giving rise to the liability until the date of the
constitution of the fund.
(2) Any fund constituted under subsection (1) shall be available only for the payment of claims in
respect of which limitation of liability can be invoked.
(3) A fund may be constituted, either by depositing the sum, or by producing a guarantee
considered to be adequate by the Court.
(4) A fund constituted by one of the persons mentioned in Section 136 (1), or his insurer shall be
deemed constituted by all persons mentioned in that Section respectively.
139. (1) Subject to the provisions of Section 133 (1), (2) and (3) and Section 134, the fund shall be
distributed among the claimants in proportion to their established claims against the fund.
(2) If, before the fund is distributed, the person liable, or his insurer, has settled a claim against
the fund that person shall, up to the amount he has paid, acquire by subrogation the rights which
the person so compensated would have enjoyed under this Chapter.
(3) The right of subrogation provided for in subsection (2) may also be exercised by persons other
than those therein mentioned in respect of any amount of compensation which they may have
paid.
(4) Where the person liable or any other person establishes that he may be compelled to pay, at
a later date, in whole or in part any amount of compensation with regard to which that person
would have enjoyed a right of subrogation pursuant to subsections (2) and (3) had the
compensation been paid before the fund was distributed, the Court may order that a sufficient
sum be provisionally set aside to enable that person at a later date to enforce his claim against
the fund.
(2) After a limitation fund has been constituted in accordance with Section 138, any ship or other
property, belonging to a person on behalf of whom the fund has been constituted, which has been
arrested or attached in Dominica for a claim which may be raised against the fund, or any security
given, may be released by order of the Court.
(3) A release under subsection (2) shall always be ordered if the limitation fund has been
constituted:
(a) at the port where the occurrence took place, or, if it took place out of port, at the first
port of call thereafter;
(b) at the port of disembarkation in respect of claims for loss of life or personal injury;
(c) at the port of discharge in respect of damage to cargo; or
(d) in the State where the arrest is made.
(4) The rules of subsections (1), (2) and (3) apply only if the claimant may bring a claim against
the limitation fund before the Court administering that fund and the fund is actually available and
freely transferable in respect of that claim.
141. Subject to the provisions of Section 15 and of this Chapter, the rules relating to the constitution
and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be
governed by the civil procedure law of Dominica.
142. (1) This Chapter applies whenever any person referred to in Section 127, seeks to limit his
liability before a Court of Dominica or seeks to procure the release of a ship or other property or
the discharge of any security given within the jurisdiction of Dominica.
“1992 Fund Convention” means the International Convention of 1971 on the Establishment of
an International Fund for Compensation for Oil Pollution Damage, adopted in Brussels on 18
December 1971, as amended by the Protocol of 1992, adopted in London on 27 November 1992;
“1992 Civil Liability Convention” means the International Convention of 1969 on Civil Liability
for Oil Pollution Damage, adopted at Brussels on 29 November 1969, as amended by the
Protocol of 1992, adopted in London on 27 November 1992;
“1992 Fund” means the International Oil Pollution Compensation Fund 1992 established under
the provisions of the 1992 Fund Convention.
144. Subject to the provisions of Sections 145–148 below Articles I-XI of the 1992 Civil Liability
Convention shall form part of the law of Dominica.
145. An action for compensation under this Chapter may be brought before the High Court of
Dominica if pollution damage resulting from the incident has been sustained in Dominica,
including its Territorial Sea or Exclusive Economic Zone of Dominica or an area beyond and
adjacent to the Territorial Sea of Dominica and
extending two hundred (200) nautical miles from the baselines from which the breadth of its
territorial seas is measured, or if measures have been taken to prevent or minimize such
damage.
146. The Limitation Fund referred to in Article V.3 of the 1992 Civil Liability Convention shall be
constituted with the High Court.
147. (1) The High Court shall determine the procedure for the presentation of claims and for the
distribution of the Limitation Fund.
(2) If the limitation amount is insufficient to satisfy the claims of those who are entitled to
compensation, the amount of compensation of each claimant shall be reduced pro rata.
(2) Subsection (1) applies to ships flying the flag of a State not Party to the Convention that enter
or leave a port in the territory of Dominica.
(3) The Maritime Administration shall determine the procedure for the issue of certificates and
their validity.
149. (1) The Maritime Administrator shall ensure the compliance with Article VII.11 of the 1992 Civil
Liability Convention.
(2) If a ship, as defined in Article 11 of the 1992 Civil Liability Convention, enters or leaves a port
or terminal installation within the territory of Dominica without carrying a valid certificate of
insurance under the Convention, the amount not to exceed ten thousand dollars (US $10,000).
7
Investigation – Wrecks and Salvage
Part I Wrecks and Salvage
150. The Government of Dominica may enter into international agreements with governments
interested for the reporting, marking and removing of dangerous wrecks, derelicts and other
menaces to navigation in the Eastern Caribbean Region outside the coastal waters bordering
Dominica.
151. (1) The Government of Dominica may conclude agreements with interested maritime nations for
the:
(a) service of assistance to vessels and crews requiring aid within the limits of a patrol to
be defined in the agreement concluded; and
(b) service for the destruction or removal of derelicts in the Central Pacific Region, the
area in which the service is to be maintained to be determined in the agreements by
appropriate latitudinal and longitudinal boundaries.
(2) The Government may include in the agreements a provision for payment to the Government
of Dominica by the countries concerned of a proportionate share of the expense for the
maintenance of the services named and all the agreements shall be subject to ratification by the
Parliament.
(2) The Maritime administrator or any authorized official shall not take possession of any such
merchandise, or other property, when the Master, owner or consignee thereof is present or
capable of taking possession of the same.
(3) The Minister is hereby authorized to conclude agreements with countries in which Dominica is
neither represented by the Deputy Administrator, any Assistant Administrator or any Special
Agent, for the purpose of securing the service herein imposed upon the Deputy Administrator,
any Assistant Administrator or any Special Agent in countries to which they are assigned.
(4) The Minister may, by Instrument in writing, delegate to the Maritime Administrator, the power
conferred on him in subsection (3).
153. The right to remuneration for assistance or salvage services shall not be affected by common
ownership of the vessels rendering and receiving that assistance or salvage services.
154. Salvors of human life or cargo who have taken part in the services rendered in connection with
the incident giving rise to salvage are entitled to a fair share of the remuneration awarded to the
salvors of the vessel, her cargo and accessories.
155. A suit for the recovery of remuneration for rendering assistance of salvage services shall not be
maintainable if brought later than three (3) years from the date when such assistance or salvage
was rendered, unless during that period there has not been reasonable opportunity for securing
jurisdiction of the vessel, person or corporation
to be charged, in which case the right of action shall not lapse until ninety (90) days after there
has been a reasonable opportunity to secure jurisdiction.
156. (1) The Maritime Administrator or its agent and the crew of any vessel owned or operated by
Dominica or its representatives, may collect and sue for salvage services rendered by that vessel
and crew.
(2) Any salvage monies recovered by the Maritime Administrator, or its agent and not for the
benefit of the crew, shall be held for the credit of the government agency having possession or
control of the vessel rendering the service.
157. (1) In the event of any casualty involving a vessel of Dominica where there is loss of life or loss or
damage of property estimated to be in excess of fifty thousand dollars (US $50,000), the Master
shall immediately forward a report thereon to the Maritime Administrator in accordance with such
Regulations as the Minister may make from time to time.
(2) Where there is a failure to execute and file a report as required, the Master and vessel shall
each be liable to a fine of five thousand dollars (US $5,000) upon notice from the Maritime
Administrator.
158. The Minister may, from time to time, make such Rules and Regulations, as are deemed by him
necessary and appropriate to the investigation of marine casualties involving vessels registered
under the laws of Dominica or otherwise occurring in the jurisdiction of Dominica.
8
Merchant Seamen [A1]
Part I General
156A. (1) The rights and obligations of every person employed on an ocean-going merchant vessel
registered under this Act, and any person employing such person shall, with respect to terms and
157A. (1) A vessel of Dominica shall not be navigated unless it has in its service and on board such
complement of officers and crew as is necessary for safe navigation.
(2) The Minister may, from time to time, make such Rules and Regulations as are deemed by
him necessary and appropriate to ensure compliance with this requirement. [A2]
158A. Except when prevented by force majeure, all officers of vessels of Dominica shall obtain licenses
from the Maritime Administration to fill their relative positions.
160. Notwithstanding any contractual provision to the contrary, the shipowner may at any time, with
good cause, terminate the employment of the Master.
163. Except as otherwise provided, the Master of a vessel of Dominica shall enjoy the same rights
and shall have the same liens upon the vessel in respect to wages, maintenance and cure and
repatriation as are provided for seamen.
164. The personal representative of the Master of a vessel of Dominica shall enjoy the same rights
and shall have the same liens upon the vessel in case of the Master’s wrongful death as are
provided in respect of seamen.
165. (1) Before the Master of any vessel of Dominica of 15 net tons or more sails from any port, there
shall be in force Shipping Articles with every seaman on board his vessel, except with persons
who are apprenticed to, or servants of, himself or the vessel’s owner.
167. (1) Where a person is carried to sea as an officer or one of the crew on board any vessel making
a voyage as hereinbefore specified, without entering into Shipping Articles with the Master of that
vessel in the form and manner and at the place and times required in such cases, the shipowner
is liable to a fine not exceeding five hundred United States dollars (US $500).
(2) Notwithstanding subsection (1), a shipowner is not liable for any person carried to sea, who
secretly stows himself away without the knowledge of the Master, mate, or of any of the officers
of the vessel, or who falsely impersonates himself to be the Master or officers of the vessel, for
the purpose of being carried to sea.
168. (1) Shipping Articles for the duration of a single voyage terminate as soon as unloading of the
cargo is completed at the last port of destination, or, if the vessel carries ballast only, upon the
arrival at the last port of destination.
(2) Shipping Articles for the duration of a round voyage terminate as soon as unloading of any
cargo is completed at the port where the seamen were engaged.
(3) If the voyage is extended to a port other than that port designated in the Shipping Articles as
the end of the voyage, the Articles shall be extended and the wages shall be continued
accordingly and if the voyage be shortened, the wages shall be paid on the date of termination of
the voyage.
(4) Where Shipping Articles are not for a stated period they shall be deemed to be for a period of
not less than six months and shall terminate at the expiration of the six month period, provided
that at least five (5) days prior notice is given.
(5) In the absence of such notice the agreement shall continue but shall be terminable thereafter
upon at least five (5) days notice by either party.
(6) Nothing in subsection (5) shall apply to or preclude Shipping Articles for a stated period of
time.
(7) When Shipping Articles expire while the voyage is still incomplete, they shall be extended until
the vessel arrives at the port of her destination, and the wages shall be continued accordingly.
170. (1) The Minister may, by Regulations, require identification books, sea service records, medical
fitness certificates, certificates of proficiency or competence, or other official certification and
documentation to be obtained and carried on board vessels of Dominica.
(2) A seafarer who forges or fraudulently alters or procures the forgery or fraudulent alteration of
any official document is liable to a fine of five thousand United States dollars (US $5, 000), and
imprisonment for a period not exceeding five years.
171. (1) Notwithstanding any other provision of this Chapter, a person under the age of fifteen years
shall not be employed or work on vessels of Dominica registered under this Act, except on
vessels upon which only members of the same family are employed, schoolships or training
ships.
(2) The Master shall keep a register of all persons under the age of fifteen years employed on
board his vessels, as required by Regulations.
(3) A person under the age of fifteen years may occasionally take part in the activities on board
such vessels during school holidays, subject to the conditions that the activities in which he
engages:
(a) are not harmful to his health or normal development;
(b) are not such as to prejudice his attendance at school; and
(c) are not intended for commercial profit.
172. (1) Wages shall commence on the day specified and agreed to in the Shipping Articles or at the
time of presence on board the vessel for the purpose of commencing work, whichever occurs
first, and shall terminate on eh day of discharge or termination of Articles.
(2) In the absence of an agreement to the contrary, the shipowner or the Master of the vessel
shall pay to every seaman his wages within two days after the termination of the Articles, or at the
time when the seaman is discharged, whichever is first.
(3) A seaman is entitled to receive in local currency, on demand, from the Master one-half of his
wages actually earned and payable at every intermediate port where the vessel loads or delivers
cargo before the voyage is ended, but not more than once in any ten day period.
(4) In case of wrongful failure to pay a seaman wages on demand, the seaman becomes entitled
to a payment of full wages earned.
173. A seaman who has signed Shipping Articles and is thereafter discharged before the
commencement of the voyage or before one month’s wages are earned, without fault on his part
justifying such discharge and without consent, shall be entitled to receive in addition to his earned
wages a sum equal to three month’s wages as compensation.
174. (1) A stowaway signing the vessel’s Articles is entitled to wages, but not to maintenance and
cure as herein provided.
(2) The Master shall discharge a stowaway referred to in subsection (1) at the first convenient
port of call.
(3) Nothing in this Section shall require a stowaway to be signed on Shipping Articles.
175. The Master may discharge a seaman for justifiable cause, including any of the following grounds:
(a) unjustified failure to report on board at such times and dates as may be specified by
the Master;
(b) incompetence to perform duties of which the seaman has represented himself as
qualified;
(c) theft, embezzlement or willful destruction of any part of the vessel, its cargo or
stores;
(d) serious insubordination, willful disobedience, or willful refusal to perform assigned
duties;
(e) mutiny or desertion;
(f) habitual intoxication, quarreling, or fighting;
(g) possession of dangerous weapons, narcotics or contraband articles;
(h) intentional concealment from the shipowner or Master at or prior to engagement
under the Shipping Articles of a condition which resulted in sickness or injury;
(i) assistance to stowaways; and
(j) willful violation of the laws of Dominica.
176. (1) It shall be unlawful to pay any seaman wages in advance of the time when they are actually
earned, or to pay such advance wages or make any order or note or other evidence of the
indebtedness therefore to any other person, or to pay to any person for the shipment of any
seaman when payment is deducted or to be deducted from a seaman’s wages.
(2) Any person violating any of the provisions of this section is liable to a fine of not more than
fifty United States dollars (US $50).
177. The wages and clothing of a seaman shall not be subject to attachment or distress; and any
assignment of wages or of salvage made prior to the accruing thereof shall not bind the seaman,
except for allotments.
178. (1) Every Master and seaman is entitled, after 12 months of continuous service on a vessel or for
the same employer, to receive an annual vacation allowance equivalent to:
(a) not less than 12 days base wages, in the case of Masters and officers; and
(b) not less than 8 days base wages, in the case of other members of the crew.
(2) Every seaman is entitled to a minimum of five days paid holidays per year.
179. A seaman shall not, by any agreement, forfeit his lien upon the ship or be deprived of any remedy
for recovery of his wages to which he would otherwise have been entitled; and every stipulation
by which any seaman consents to abandon his right to his wages in the case of the loss of the
ship or to abandon any right which he may have obtained in the nature of salvage, shall be wholly
void.
180. No right to wages on the part of any seaman shall be dependent on the earning of freight by the
vessel.
181. (1) In the event of disabling sickness or injury, while a seaman is on board a vessel under signed
Shipping Articles, or off the vessel pursuant to an actual mission assigned to him by, or by the
authority of the Master, the seaman shall be entitled to:
(a) full wages, as long as he is sick or injured and remains on board the vessel;
182. (1) In addition to wages, maintenance and cure under section 181, and in addition to any liability
for wrongful death under section 183, a seaman on board a vessel under singed Shipping Articles
or off the vessel pursuant to an actual mission assigned to him by, or by the authority of the
Master, is entitled as provided by Regulations to the benefit of a direct compensation for loss of
life, payable to his designated beneficiary or beneficiaries.
(2) The shipowner shall provide such benefit free of any charge to the seaman.
183. Notwithstanding any provision of law to the contrary, whenever the death of a seaman, resulting
from an injury is caused by a wrongful act, omission, neglect or default occurring on board a
vessel, the personal representative of the deceased seaman may maintain a suit for damages, for
the exclusive benefit of the deceased’s wife, husband, parent child or dependent relative, against
the vessel, person or corporation which would have been liable if death had not ensued.
184. (1) In the event of a death on board a vessel the Master shall:
(a) report the death to the authorities at the first port of arrival;
185. (1) Upon the request of anyone having a legal interest, and where a death has been reported in
accordance with the requirements of section 184, the Maritime Administrator shall issue a death
certificate containing the particulars set out in section 184 (2).
(2) Where the deceased was a citizen or a resident of Dominica the certificate shall be recorded
in Dominica as required by law.
186. In the case of death of a seaman occurring on board the vessel or in case of his death occurring
on shore, if at the time he was entitled to medical care and maintenance at the shipowner’s
expense, the shipowner shall be liable to defray reasonable local funeral expenses and make
payment of the base wages of the deceased seaman up to the end of the month in which the
death occurs.
187. (1) In relation to members of the crew on a vessel engaged in foreign trade:
(a) the normal hours of work in port and at sea shall be eight hours per day;
188. (1) A seaman who is put ashore at a port other than the one where he signed the Shipping
Articles and who is put ashore for reasons for which he is not responsible, shall be returned as a
crew member or otherwise, but without expense to him,
(a) at the shipowner’s option, to the port at which he was engaged or where the
voyage commenced or to a port of the seaman’s own country; or
(b) to another port, agreed upon between the seaman and the shipowner or the
Master.
(2) Where a seaman’s contract period of service has not expired, the shipowner may transfer him
to another of the shipowner’s vessels to serve thereon for the balance of the
contract period of service.
(3) A seaman whose period of employment terminates by reason of completion of the voyage for
which he was engaged or by expiration of his contract period of employment
is entitled to repatriation, at no expense to him, to the port at which he was engaged or to such
other port as may be agreed upon.
(a) desertion;
(b) entering into a new agreement with the same shipowner after his discharge;
(c) entering into a new agreement with another shipowner within one week after
his discharge;
(d) criminal offenses under sections 192,194, and 195;
(e) unjustifiable repudiation of the Shipping Articles; or
(f) failure to request repatriation within one week from the time he is in condition
to be repatriated.
190. (1) A seaman on a vessel of Dominica who commits any of the following offenses may, in
addition to any criminal penalties provided herein, be punished by the Master as herein provided:
(a) for neglecting or refusing without reasonable cause to join his vessel or to
proceed to sea in his vessel, for absence without leave at any time within 24
hours of the vessel’s sailing from any port, either at the commencement or
191. Flogging and all other forms of corporal punishment are hereby prohibited on board any vessel.
(a) by willful breach of duty or by reason of drunkenness or drug use, does any act which
causes loss, destruction of or serious damage to such vessel or cargo, or tending
immediately to endanger the life or limb of any person belonging to or on board such
vessel; or
193. (1) A seaman who deserts his vessel with the intention of not returning to duty and who remains
unlawfully in a foreign country commits desertion and is liable to answer for any
(a) unlawfully and with force, or by fraud or intimidation, usurps the command of
such vessel from the Master or other lawful officer in command thereof;
(b) deprives the Master or officer in command of authority and command on
board;
(c) resists or prevents the Master or officer in command in the free and lawful
exercise of authority; or
(d) transfers such authority and command to another not lawfully entitled thereto,
196. (1) Where a crew member has committed an offence under this Act, the Master shall:
(a) make an entry in the log book of the day on which the offence was committed
and the penalty or fine imposed;
(b) furnish the offender, if he is still on the vessel before her next arrival at any
port or if she is in port before her departure therefrom, with a copy of the entry;
and
(c) read the entry over distinctly and audibly to the offender.
(2) The Master and the Mate or another crew member shall sign the entry made pursuant
to subsection (1) (a).
(3) Upon the entry being read over to him, the offender may make such reply as he thinks
fit.
(4) The Master shall enter in the log book a statement that a copy of the entry has been
furnished to the offender and read over to him and the offender’s reply, if any.
(5) The Master and the Mate or another crew member shall sign the statement made
pursuant to subsection (4).
(a) maliciously and without justifiable cause forces any member of the crew of
such vessel on shore in order to leave him behind in any foreign port or place; or
(b) refuses to bring to such place as is required under the Articles any member of
the crew of such vessel, in condition and willing to proceed when the Master is
ready to proceed, commits an offence and is liable to a fine not exceeding five
thousand United States dollars (US$5000) and imprisonment for a period not
exceeding five years.
(2) The abandoned seaman shall retain his right to repatriation and shall be granted 30 days of
base wages.
198. (1) The following clause shall appear, or be by force of law included, in all the contracts for
seafaring labor on board vessels of Dominica:
“The parties to this contract hereby stipulate that the terms and conditions laid
down herein shall be subject to the applicable provisions of the International
Maritime Act. Any dispute as to the terms and conditions of this contract shall be
resolved in accordance with the International Maritime Act of Dominica.”
199. Seamen and their employers, without distinction whatsoever, may establish and become
members of organizations or associations of their choosing, in accordance with the
200. (1) An employer or employer organization and any labor organization representing seamen may
bargain and enter into a labor contract concerning wages and other terms
and conditions of employment; provided, that no labor contract provision may be contrary
to the laws of Dominica or deprive Dominica of jurisdiction over labor relations.
(2) A copy of any labor contract between the employer and an organization representing
seamen employed on a vessel shall be placed on board the vessel and shall be made
available to maritime or judicial authorities when requested.
201. An employer or employer organization and any labor organization may be bound by any
provisions in a labor contract, provided that the provisions are not prohibited by the Laws
of Dominica.
202. An employer or employer organization or employee or labor organization shall not attempt to
bargain for, or to enter into, any labor contract containing any provision which :
203. Whenever an employer or employer organization and a labor organization have entered into a
labor contract providing that a crewing agency shall be sole bargaining representative of seamen
pursuant to section 200:
(a) the employer or employer organization shall not bargain with or enter into a
crewing contract pertaining to such seamen with any other labor organization ; or
(b) another labor organization shall not attempt to bargain with or enter into a
labor contract pertaining to such seamen with the employer or employer
organization; prior to thirty days before the termination of such agreement or
before the expiration of three years from the effective date of such agreement,
whichever event shall first occur.
205. (1) It is declared to be the policy of the Commonwealth of Dominica to place upon employers and
employer organizations and employees and labor organizations the primary responsibility for
avoidance of any interruption in foreign or domestic maritime
commerce.
(2) In the event that an agreed settlement between the parties to any dispute, difference
or grievance is not effected, the following conciliation, mediation and arbitration
procedures shall, subject to Regulations, apply:
(a) if the dispute is not resolved, crew members shall present their case to the
employer through the Master or his appointee, or, if the matter is to the prejudice
of the Master, then directly to the employer;
(b) crew members may be represented in the matter by a labor organization
which is a party to a labor contract entered into pursuant to section 200 and
which covers the crew members;
(c) efforts shall be made to conciliate the matter and to find an agreeable solution
thereto;
(d) if a conciliation acceptable to both parties cannot be made at this stage, either
party may call upon the Maritime Administrator, or a representative appointed by
the Maritime Administrator, to act as mediator to endeavor to find a solution to
the matter satisfactory to the parties; and
(e) in the event that the dispute cannot be resolved by conciliation or mediation,
either party may submit the matter to an independent arbitrator or arbitrators for a
final determination, in accordance with the Arbitration Act.
(3) Any arbitration award may be enforced, if necessary, by any Court of competent
jurisdiction.
206. (1) No claim arising out of the Shipping Articles shall be brought after the expiration of one year.
(2) The following rights of action are subject to a two year limitation period;
(a) the right of action for death of a seaman caused by wrongful act, neglect or
default on the high seas;
(b) claims of the shipowner against the Master for acts committed during the
performance of his duties; and
(c) all other tort claims.
(3) All other claims are subject to a three year limitation period.
(4) The limitation periods set out in subsections (1) to (3) run from the time when the right of
action accrues.
9
Registry for Foreign Maritime Entities [A1]
Part I General
208. (1) There is herby established a Commonwealth of Dominica Maritime Corporate Registry for the
registration of foreign maritime entities as defined under this Chapter.
(2) The Maritime Corporate Registrar shall be the Maritime Administrator or whomever
he may assign under the provisions of this Act.
209. A “Foreign Maritime Entity” is a business entity established under the Laws of a jurisdiction other
than the Commonwealth of Dominica, eligible to own vessels when registered under this Chapter.
210. A foreign corporation shall not engage in the registration of vessels of Dominica unless
registered as a foreign maritime entity under the provisions of this Act.
211. (1) A foreign corporation whose indenture or instrument of trust, charter or articles of
incorporation, agreement of partnership or other document recognized by the foreign State of its
creation as the basis of its existence, which document directly or by force of law of the State of
creation comprehends the power to own or operate vessels, and which confers or recognizes the
capacity under the law of the State of creation to sue and be sued in the name of the entity or its
lawful fiduciary or legal representative, may apply to the Minister to be registered as a Foreign
Maritime Entity.
(2) The burden of establishing the capacity to sue and be sued shall be upon the applicant for
such registration.
(2) The application shall be dated and shall state the following:
(a) the name of the entity;
(b) the legal character or nature of the entity;
(c) the jurisdiction and date of its creation;
(d) whether the entity has the power to own or operate vessel;
(e) whether the entity has the capacity to sue and be sued in its own name or, if not, in
the name of its lawful fiduciary or legal representative;
(f) the address of the principal place of business of the entity and, if such place is not in
the jurisdiction of the creation of the entity, either the address of its place of business or
the name and address of its lawful fiduciary or legal representative within the jurisdiction
of the creation of the entity; and
(g) the full names and addresses of the persons currently vested under law with
management of the entity.
(3) Each application shall be accompanied by a copy of the indenture or instrument of trust or
charter or articles of incorporation or agreement of partnership or other documents upon which
the existence of the entity is based.
(4) If any document specified herein to be included in the application is in a foreign language,
there shall be included in the application a translation under oath of the translator.
(5) Each application, with attachments, shall be filed with the Minister.
213. A registered foreign maritime entity shall have the following powers to own and operate vessels
registered under the Laws of Dominica provided all requirements of this Act are met.
214. (1) A foreign corporation which has been registered as a foreign maritime entity under the
provisions of this Act, may have its authority amended to effect any of the following changes:
(a) to change its corporate name if such change has been effected under the laws of the
jurisdiction of incorporation;
(b) to enlarge, limit or otherwise change the business which it proposes to do in the
Commonwealth of Dominica;
(c) to change the location of its offices in the Commonwealth of Dominica; or
(d) to specify or change the post office address to which the Minister of Planning shall
mail a copy of any process against it served upon him.
(2) Every Foreign Maritime Entity registered under this Act which amends its articles of
incorporation or is a party to a merger or consolidation shall, within thirty days after the
215. (1) A foreign maritime entity registered under this Act may withdraw from Dominica upon filing
with the Minister an application for withdrawal, setting out:
(a) the name of the entity and the jurisdiction in which it is incorporated;
(b) the date it was registered to do business in the Commonwealth of Dominica;
(c) that the entity surrenders its authority to conduct business in Dominica as a
foreign maritime entity; and
(d) a post office address to which the Minister may mail a copy of any process
against the corporation that may be served on him.
(2) The application for withdrawal shall be made on forms prescribed by the Minister and shall be
executed by the corporation by its president or a vice president and by its secretary or an
assistant secretary, and verified by one of the officers signing the application, or if the corporation
is in the hands of a receiver or trustee, shall be executed on behalf of the corporation by such
receiver or trustee and verified by him.
(3) The application for withdrawal shall be filed with the Minister in such manner prescribed by
him.
(4) The Authority of the corporation to do business in Dominica shall terminate upon the filing of a
withdrawal under subsection (3).
(5) When a registered foreign maritime entity is dissolved or its authority or existence is otherwise
terminated or cancelled in the jurisdiction of its incorporation or when such
foreign maritime entity is merged into or consolidated with another foreign corporation, a
certificate of the official in charge of corporate records in the jurisdiction of incorporation
of such foreign corporation, which certificate attests to the occurrence of any such event, or a
certified copy of an order or decree of a court or jurisdiction directing the dissolution
216. (1) The registration of a foreign maritime entity may be revoked by the Minister upon failure of the
entity to pay the annual registration for a period of two years, or where the foreign maritime entity
conducts business in contravention of this Act.
(2) On failure of a corporation to pay the annual registration fee for a period of two years, the
Minister on or about such date as shall be determined by regulation, shall cause a notice to be
sent to the corporation that its registration will be revoked unless within ninety days of the date of
the notice, payment of the annual registration fee is made.
(3) On the expiration of the ninety day period, the Minister, in the event the corporation has not
remedied its default, shall issue a notice declaring that the registration has been revoked as of
the date stated in the notice.
217. (1) An unregistered foreign maritime entity doing business in Dominica shall not maintain any
action or proceedings in Dominica unless it is registered under this Act and it has paid to the
Government all fees, penalties and taxes for the years or parts thereof during which it did
business in Dominica without authority.
(2) Subsection (1) applies to any successor in interest of such foreign maritime entity.
(3) The failure of a foreign maritime entity to be registered under this Act shall not impair the
validity of any contract or act of the foreign corporation or the right if any other party to the
contract to maintain any action or special proceeding thereon, and shall not prevent the foreign
maritime entity from defending any action or proceeding in Dominica.
218. (1) An action or special proceeding against a foreign corporation registered under this Act as a
foreign maritime entity may be maintained by a resident of the Commonwealth of Dominica or by
a domestic corporation.
(2) Except as otherwise provided in this Chapter, an action or proceeding against a foreign
corporation may be maintained in Dominica by another foreign corporation or by a nonresident in
the following cases only:
(a) where the action is brought to recover damages for the breach of a contract
made or to be performed in Dominica, or relating to property situated in Dominica
at the time of the making of the contract;
219. (1) Any resident of Dominica who has been a shareholder of a foreign maritime entity for at least
six months preceding his demand, upon at least ten days written notice may require that foreign
maritime entity to produce a record of its registered shareholders containing the names and
addresses of such shareholders, the number and class of shares held by each and the date when
they respectively became the owners of record thereof, and if such corporation issues bearer
shares, a record of all certificates issued in bearer form, including the number, class and dates of
issuance of such certificates.
(2) The shareholder requiring production of such records shall have the right to examine in
person or by agent or attorney at the office of the foreign maritime entity in Dominica or at such
other place in Dominica as may be designated by the foreign maritime entity, the record of
shareholders or an exact copy thereof certified as correct by the corporate officer or agent for
keeping or producing such record, and to make extracts there from.
(3) Any inspection authorized by this section may be denied to such shareholder or other person
upon his refusal to furnish to the corporation an affidavit that such inspection is not desired for a
purpose which is in the interest of a business or object other than the business of the foreign
corporation and that such shareholder or other person has not within five years sold or offered for
sale any list of shareholders of any domestic or foreign corporation or aided or abetted any
person in procuring any such record of shareholders for any such purpose.
221. (1) There shall be paid to the Maritime Corporate Registrar fees with regard to the registration
and other activities undertaken under this Chapter.
(2) The Minister may, by Order published in the Gazette, set the fees payable under subsection
(1).
(3) If a Foreign Maritime Entity fails to pay the fees due under subsections (1) and (2) by the due
dates set by the Minister the license fee thereafter is increased by 10% monthly.
222. (1) Notwithstanding the provisions of any other written law, a foreign maritime entity shall, subject
to subsection (3), be exempt from the payment of taxes, duties and similar charges on income
earned from its operations as a Foreign Maritime Entity in Dominica.
(2) The Exchange Control Ordinance does not apply to a Foreign Maritime Entity registered under
this Act.
(3) The Maritime Corporate Registrar shall, on payment of the prescribed fee, issue a certificate
of exemption for the purpose of subsection (1) to a company entitled to the exemption.”