Law No. (19) of 1951 on the Port Control Law

Port Control Law No. (19) of 1951

law amending Port Control Ordinance No. (129)

Article (1)

This Law shall be called the “Law (Amending) Port Control Publication No. (1[2]9) of 1951.”

Article (2)

The schedule appended to Port Control Publication No. (129) shall be repealed and replaced with the following:

Schedule

Maritime Ports Tariff

The following tariffs shall be applied in maritime ports in Cyrenaica:

Part (1)

Port Fees

1. Ship piloting in the port:

1. Upon entrance or exit of a port, each vessel shall pay a piloting fee of 8 milliemes per net register tonnage (NRT), with a minimum of EGP 2 and a maximum of EGP 20 for each movement to enter or exit the port.
2. A fee of half the aforementioned rate shall be paid for movements that occur inside the port or in an anchorage at the request of the vessel’s agent. No fees shall be paid for movements made at the request of the port authorities.
3. The fees mentioned above shall be increased by 50% for ship piloting or movements if occurring before 8:00 am or after 5:00 pm or on a Friday or an official holiday. Fees exceeding the maximum amount of EGP 20 per movement to enter or exit the port may not be charged.
4. When pilot or vessel towing services are requested before 8:00 am or after 5:00 pm or on Fridays or holidays and then are not used or are delayed for more than two hours from the time specified in the request, half of the legal fee shall be imposed in addition to the ordinary fees and fees for the additional time.
5. If the ship pilot takes a vessel out of the port, the following additional rates shall be charged:

If the pilot disembarks onto land in a non-Cyrenaican port: EGP 15.000

If the pilot disembarks onto land in a Cyrenaican port: EGP 7.500

If a pilot is away from his post for a period of more than three days, an additional rate of EGP 1 shall be paid for each day after the first three days.

2. Lighthouse dues

Each vessel shall pay lighthouse dues of 5 milliemes per NRT, with a minimum of EGP 1 and a maximum of EGP 15.

3. Anchorage dues:

Each ship mooring within the limits of a port that has contact with the shore shall pay the following anchorage dues:

In Benghazi and Derna: 5 milliemes for each net register tonnage (NRT), with a minimum of EGP 2 and a maximum of EGP 10.

In Tobruk: 10 milliemes per NRT, with a minimum of EGP 2 and a maximum of 50 EGP.

If a vessel moors within harbour limits then advances to a ship buoy or wharf inside the harbour on the same day, the vessel must pay anchorage dues, dues for mooring next to a buoy, or wharf dues, whichever is greater, for that day.

4. Dues for mooring next to a buoy:

Each vessel mooring next to a buoy inside the harbor shall be charged per-day mooring dues of 5 milliemes per NRT for each 24-hour day or portion thereof, with a minimum of EGP 1 and a maximum of EGP 5 for each day or portion thereof.

5. Ship dues:

Each ship mooring next to an anchorage or vessel structure shall be charged per-day dues of 8 milliemes per NRT for each 24-hour day or portion thereof, with a minimum of EGP 2 and a maximum of EGP 10 for each 24-hour day or portion thereof.

6. Wharfage dues:

Wharfage dues of 100 milliemes for each weight ton or each 40 square feet, whichever is greater, shall be charged for all cargoes loaded or unloaded, with a minimum fee of 50 milliemes.

7. Quarantine fee:

A fee of 500 milliemes shall be paid for each quarantine ticket.

Notes:

In the aforementioned fees, a 24-hour day or portion thereof shall be calculated from 12:00 am to 12:00 am.

Part (2)

Rental Categories

1. Rental Terms:

The terms for rental of watercraft, tools, and equipment shall be as follows:

1. All requests to rent watercraft, tools, and equipment shall be submitted to the port authorities on a specific form before 4:00 pm the day before the day in which the requested service is required.
2. The legal categories shall increase 50% for any rental period outside of normal port working hours, with the following exceptions:

1. If motor-boats are used to convey vessels upon arrival or departure from the port or to move vessels or bring them into or out of ship locations, the terms set out in paragraphs (c) and (d) of the applicable piloting tariffs shall apply.
2. In those cases where daily rental categories are applicable.

3. For rental of floating watercraft, the rental period shall commence from the time the vessel leaves the place where it is moored and continue until the time the vessel is returned to the port authorities in a clean state similar to the one it was in when originally rented.
4. Rental fees shall not be paid for floating watercraft rented on a daily basis on days in which it isn’t operated due to inclement weather, if the port authorities certify it as such.
5. Floating watercraft shall generally be retuned to the location in which they were moored upon completion of work on a daily basis. Towage rates for such shall be at the renter’s expense. If, at the request of a certain renter and with the approval of the port authorities, floating watercraft are not returned to their mooring locations upon completion of daily work, one or more motor-boats as required by the port authorities shall be kept with such floating watercraft at the renter’s expense.
6. For watercraft, tools, and equipment that are requested and not required, the rent shall be paid up until the time the request is cancelled with a minimum rent of one hour if the request is cancelled less than four hours prior to the time in which watercraft, tools, or equipment was requested. Such fees must be waived in the event of force majeure as determined by the port and lighthouse master.
7. Under no circumstances may a watercraft, tool, or piece of equipment be loaded to a degree exceeding that in which it can work safely.
8. During the rental period, any loss or damage to goods or cargo or any damages to or incapacitation of a watercraft, tool, or the users thereof, including third parties, shall be the responsibility of the renter, unless such damage or breakdown is the result of a mechanical failure in the tool or unseaworthiness of the watercraft or the result of negligence on the part of an employee whose salary is paid by the port authorities.
1. Special categories agreed upon with the port and lighthouse master for floating watercraft that may be rented by the hour shall apply for each hour used over eight consecutive hours.

2. Motor-boats:

1. To accompany vessels upon arrival to or departure from the port, or to move vessels or bring them into or out of ship locations if the vessel does not exceed 200 NRT, a fee of EGP 2.000 shall be paid for each motor-boat.
2. To raise vessels upon arrival to or departure from the port, or to move vessels or bring them into or out of ship locations if the vessel does not exceed 200 NRT, a fee of EGP 7.000 shall be paid for each propeller.
3. To tow barges, landing ship tanks (LST), and floating winches that lift up to 60 tons:

Barges with cargo of up to 40 tons, EGP 1.000 per trip.

Barges with cargo of up to 70 tons, EGP 1.000 per trip.

Barges with cargo of up to 150 tons, EGP 1.500 per trip.

LSTs, whether towed or self-propelled, EGP 3.000 per trip.

Floating winches that lift up to 60 tons, EGP 3 EGP per trip.

4. To park next to floating vessels between the hours of 5:00 pm and 8:00 am and on Fridays and official holidays, towing dues shall be payable in addition to the normal per-hour fee per propeller of 0.500 EGP.
5. For any other purpose, per hour or portion thereof: EGP 6.00.

Note:

In Benghazi, each ship over 100 NRT must be raised by a propeller upon entry and exit of the port.

3. Barges:

1. Barges with a capacity of up to 40 tons: EGP 3.000 per 24-hour period or portion thereof.

For each following eight-hour period or portion thereof, EGP 1.200

2. Barges with a capacity of up to 70 tons:

EGP 5.00 per 24-hour period or portion thereof.

For each following eight-hour period or portion thereof, EGP 2.000

3. Barges with a capacity of up to 150 tons: EGP 10.000 for each 24-hour period or portion thereof. For each following eight-hour period or portion thereof, EGP 4.000.
4. LSTs:

EGP 18.000 per 24-hour period or portion thereof.

For each following eight-hour period or portion thereof, EGP 6.000.

4. Winches:

1. Floating winches that lift up to 60 tons:

EGP 10.000 for the first hour and any portion thereof.

EGP 5.000 for each additional hour or portion thereof.

2. Shore winches:

EGP 1.000 per hour or portion thereof per winch.

5. Slipways:

1. For the first day, including slipping on to land, EGP 10.000.

For each following day or portion thereof, EGP 2.000.

For the last day, including slipping to sea, EGP 10.000.

2. For slipping to land and to sea within 24 hours, EGP 15.000.

6. Divers:

1. Diving, pump, and sailor vessels, EGP 2.000 per hour or portion thereof.
2. Divers and equipment, EGP 3.000 per hour or portion thereof.

7. Steamboats (launches):

1. For the first hour or any portion thereof, EGP 1.500.
2. For each following hour or any portion thereof, EGP 1.000.

Part (3)

License Fees

1. For watercraft and launches that operate inside port limits for the purpose of short excursions only:

EGP 0.500 a year, per ship.

2. For watercraft and launches that operate inside port limits for a fee or are used for the purpose of any work regardless of type with the exception of fishing:

EGP 5.000 a year, per ship.

3. Barges that operate within port limits, EGP 10.000 per barge a year.
4. Motor-boats that operate within port limits, EGP 25.000 per motor-boat a year.
5. For each ship used for fishing with the exception of sponge fishing in Cyrenaican waters.

1. If equipped with large nets:

1. Powerboats
   1. 7 NRT and above:

Ships owned by locals, EGP 30.000 per ship per year.

Ships owned by foreigners, EGP 60.000 per ship per year.

1. 2. Under 7 NRT:

Ships owned by locals, EGP 6.000 per ship per year.

Ships owned by foreigners, EGP 12.000 per ship per year.

2. Sailboats:

1. 7 NRT and above:

Ships owned by locals, EGP 18.000 per ship per year.

Ships owned by foreigners, EGP 36.000 per ship per year.

2. Under 7 NRT:

Ships owned by locals, EGP 4.500 per ship per year.

Ships owned by foreigners, EGP 9.000 per ship per year.

2. If equipped with manual ropes or nets only:

1. Powerboats

1. 7 NRT and above:

Ships owned by locals, EGP 12.000 per ship per year.

Ships owned by foreigners, EGP 24.000 per ship per year.

2. Under 7 NRT:

Ships owned by locals, EGP 3.000 per ship per year.

Ships owned by foreigners, EGP 6.000 per ship per year.

2. Sailboats:

1. 7 NRT and above:

Ships owned by locals, EGP 7.500 per ship per year.

Ships owned by foreigners, EGP 15.000 per ship per year.

2. Under 7 NRT:

Ships owned by locals, EGP 2.000 per ship per year.

Ships owned by foreigners, EGP 4.000 per ship per year.

6. Ships used for sponge fishing within Cyrenaican waters:

1. Ships carrying full diving equipment:

1. Ships owned by locals, EGP 30.000 per ship per year.

Additional fee of EGP 8.00 per year for each diver.

2. Ships owned by foreigners, EGP 60.000 per ship per year.

Additional fee of EGP 12.000 per year for each diver.

2. Ships carrying diving helmets only:

1. Ships owned by locals, EGP 30.000 per ship per year.

Additional fee of EGP 4.500 per year for each diver.

2. Ships owned by foreigners, EGP 60.000 per ship per year.

Additional fee of EGP 7.000 per year for each diver.

3. Ships equipped with fishing spears only:
   1. 1. Ships owned by locals, EGP 5.000 per ship per year.
      2. Ships owned by foreigners, EGP 10.000 per ship per year.
4. Ships without diving equipment and used by divers only:
   1. 1. Ships owned by locals, EGP 5.000 per ship per year.
      2. Ships owned by foreigners, EGP 10.000 per ship per year.
5. Ships accompanying the aforementioned ships and used for storing provisions or for provision purposes only:
   1. 1. Ships owned by locals, EGP 5.000 per ship per year.
      2. Ships owned by foreigners, EGP 10.000 per ship per year.

7. To register a seaworthy freight liner or passenger ship:

Under the Libyan flag, a fee of 50 milliemes per NRT, with a minimum fee of EGP 10.000.

8. To perform navigation agent activities including clearance and release of goods, per year:

In Benghazi: EGP 50.000.

In Tobruk: EGP 30.000.

In Derna: EGP 15.000.

9. To perform stevedore activities, per year:

In Benghazi: EGP 40.000.

In Tobruk: EGP 24.000.

In Derna: EGP 12.000.

10. To perform ship chandler activites, per year:

In Benghazi: EGP 25.000.

In Tobruk: EGP 15.000.

In Derna: EGP 7.500.

11. To perform goods clearance and release broker activities, only, per year:

In Benghazi: EGP 25.000.

In Tobruk: EGP 15.000.

In Derna: EGP 7.500.

Notes:

Goods clearance and release brokers must deposit a bond of EGP 100 prior to being given their license.

12. To perform ship laundryman activities, per year:

In Benghazi: EGP 5.000.

In Tobruk: EGP 3.000.

In Derna: EGP 1.500.

Part (4)

Miscellaneous Fees

1. Permit to transit to docks, EGP 0.150 per year.
2. Registration of a memorandum of protest, EGP 0.250.
3. Registration of an agreement of sale or change of ownership, EGP 0.300.
4. Processing of ship documents, EGP 1.000.
5. Deletion, amendment, or addition of ship documents, EGP 1.000.
6. Certificate of seaworthiness, EGP 0.250.
7. Sailor dismissal certificate, EGP 0.150.
8. Provision of fresh water directly from the wharf, EGP 0.250 per ton (244 gallons).

From water barges, EGP 0.250 per ton (244 gallons).

For provision of ships with water outside normal port operation hours, the aforementioned fee shall be increased by 50%.

Issued at al-Yaman al-Amer Palace on 13 Dhu al-Qaada 1370 AH, corresponding to 16 August 1951 AD.