MARITIME COMMERCIAL LAW

CONTENTS
PAGES

I. MARITIME COMMERCIAL LAW APPENDIX I OF DAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337) ENACTING MARITIME COMMERCIAL LAW BOOK I PART I : ON THE MARITIME NAVIGATION PLAN : ON MARITIME NAVIGATION........................................................ 9

CHAPTER I : DEFINITIONS ....................................................................................... 9 CHAPTER II : ON FEES WHICH FITTING-OUT IS SUBJECT TO .......... 10 CHAPTER III : ON TONNAGE MEASUREMENT OF SHIPS...................................... 11 CHAPTER IV : ON SHIPS PAPERS............................................................................. 11 CHAPTER V : ON THE MOROCCAN FLAG.............................................................. 26 PART II : ON SHIPS REGISTRATION........................................................... 27

CHAPTER I : ON MARITIME DISTRICTS................................................................. 27 CHAPTER II : ON REGISTRATIONS AND HOME PORT REGISTER, ON SHIPS NAMES AND MARKS................................. 28 CHAPTER III : ON CHANGES OF OWNERSHIP........................................................ 29 PART III : ON OPERATING SHIPS.................................................................... 30

CHAPTER I : ON OCEAN TRADE, COASTAL NAVIGATION, INSHORE NAVIGATION AND FISHING ............................................................. 30 CHAPTER II : ON CREDENTIALS AND REQUIREMENTS TO DRIVE AND HOLD THE POSITIONS OF DECK OFFICER AND MARINEENGINEER OFFICER ON BOARD TRADING AND FISHING SHIPS.............................................................................. 31 CHAPTER III : ON REGULATIONS TO WARN COLLISIONS................................. 32 PART IV : ON THE REPRESSION OF INFRINGEMENTS ............................ 32

CHAPTER I : COMPETENCE AND PROCEDURE ................................................... 32 CHAPTER II : INFRINGEMENTS AND PENALTIES................................................. 33 BOOK II : ON SHIPS............................................................................................... 34

PART I : ON THE LEGAL STATUS OF SHIPS............................................... 34 CHAPTER I : ON THE NATURE AND PROPERTY OF SHIPS .............................. 34 CHAPTER II : ON MARITIME LIENS AND MORTGAGES...................................... 36 CHAPTER III : ON SEIZURE AND SALE OF SHIPS................................................... 41 PART II : ON SHIP-OWNERS AND FITTERS OUT........................................ 43
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PART III PART IV

: ON THE COMMANDING OFFICER............................................... 46 : ON THE CREW................................................................................... 49

CHAPTER I : ON SHIPS ARTICLES, ITS FORMS AND RECOGNITION.............. 49 CHAPTER II : ON SAILORS OBLIGATIONS TOWARDS THE FITTER OUT, ON THE MAKE-UP OF THE CREW AND ON REGULATIONS OF WORK ON BOARD......................................................................... 50 CHAPTER III : ON FITTER OUTS OBLIGATIONS.................................................... 52 CHAPTER IV : ON THE TERMINATION OF THE HIRING CONTRACT..................59 CHAPTER V : ON LITIGATIONS BETWEEN FITTERS OUT AND SAILORS ....... 62 BOOK III PART I : ON SEA TRANSPORT, SEA RISKS AND MARINE INSURANCES...................................................................................... 63 : ON THE MARITIME CONTRACT OF CARRIAGE IN GENERAL.... 63

CHAPTER I : ON THE EXECUTION AND PROOF OF THE CONTRACT OF CARRIAGE ...................................................................................... 63 CHAPTER II : ON THE RECIPROCAL OBLIGATIONS OF THE PARTIES............. 64 CHAPTER III : ON EXTINGUISHMENT AND EXEMPTION FROM OBLIGATIONS...................................................................................... 68 PART II : ON CERTAIN PARTICULAR CONTRACTS ................................. 70

CHAPTER I : ON TIME FREIGHTING............................................................... 70 CHAPTER II : ON THE TRANSPORT OF PASSENGERS......................................... 71 CHAPTER III : ON TOWING......................................................................................... 73 PART III : ON SEA RISKS..................................................................................... 73

CHAPTER I : ON COLLISIONS .................................................................................. 73 CHAPTER II : ON ASSISTANCE AND RESCUE ....................................................... 74 CHAPTER III : ON AVERAGES..................................................................................... 76 CHAPTER IV : ON THE RESPONDENTIA LOAN .......................................................79 PART IV : ON INSURANCES AND ABANDONMENT..................................... 80

CHAPTER I : ON THE INSURANCE CONTRACT, ITS FORMS AND ITS OBJECT. 80 CHAPTER II : ON THE OBLIGATIONS OF THE INSURER AND THE ENSURED. 81 CHAPTER III : ON ABANDONMENT.......................................................................... 84 CHAPTER IV : ON DEMURRERS AND REGULATIONS .......................................... 86

II. ENFORCEMENT TEXTS OF APPENDIX I OF DAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337) ENACTING MARITIME COMMERCIAL LAW II.1. MARITIME NAVIGATION .................................................................................. 88 1.a. DECREE OF 24 SEPTEMBER 1926 RELATING TO THE OPERATIONS OF TONNAGE MEASUREMENT OF SHIPS................................................................. 88 1.b. DECREE OF 22 APRIL 1927 RELATING TO SAFETY NAVIGATION ON BOARD OF SHIPS AND BOATS WHOSE GROSS TONNAGE DOES NOT EXCEED 25 TONS .......................................................................................... 89 1.c. DECREE OF 17 MAY 1929 BEARING CREATION AND FIXING OF A WIRELESS TELEGRAPHIC TAX RELATED TO WEATHER MESSAGES ADDRESSED TO SHIPS AT SEA AND TO EMISSIONS USED FOR RADIOGONIOMETRIC BEARINGS ..................................................................... 91 II.2. REGISTRATION OF SHIPS.................................................................................. 91 2.a. DAHIR OF 2 MAY 1933 RELATIVE TO THE REGISTRATION OF TRADING SHIPS............................................................................................... 91 2.b. DAHIR OF 27 MAY 1935 (24 SAFAR 1354) RELATIVE TO THE REGISTRATION OF FISHING VESSELS ............................................................ 92 2.c. DECREE OF 25 FEBRUARY 1961 FIXING THE CODES OF HOME PORTS OF SHIPS REGISTERED UNDER THE MOROCCAN FLAG ............................ 92 2.d. DAHIR OF 24 OCTOBER 1962 RELATING TO THE CONDITIONS OF GRANTING OR MAINTAINING OF MOROCCAN NATIONALITY FOR CERTAIN FISHING VESSELS ...................................................................... 93 2.e. DECREE OF 4 DECEMBER 1962 LAYING DOWN THE METHODS OF ENFORCEMENT OF DAHIR OF 24 OCTOBER 1962 RELATIVE TO THE CONDITIONS GRANTING OR MAINTAINING MOROCCAN NATIONALITY FOR CERTAIN FISHING VESSELS......................................... 93 II.3. SAFETY OF MARITIME NAVIGATION .......................................................... 94 3.a. DAHIR OF 13 SEPTEMBER 1952 RELATING TO THE RADIOCOMMUNICATIONS SYSTEMS ABOARD MOROCCAN SHIPS AND FIXING THEIR OBLIGATIONS FROM THE WIRELESS TELEGRAPHIC AND WIRELESS TELEPHONIC POINT OF VIEW ......... 94 3.b. DECREE OF 24 JANUARY 1957 RELATING TO WIRELESS TELEPHONIC INSTALLATIONS ABOARD SHIP (TRANSMITTER, AUTO-ALARM) ... 96

3.c. DECREE OF 24 JANUARY 1957 FIXING THE TECHNICAL REQUIREMENTS WHICH AUTOMATIC RADIO-TELEPHONIC ALARM TRANSMITTERS MUST MEET .... 97 3.d. DECREE OF 25 OCTOBER 1963 RELATING TO THE DEPARTURE FORMALITIES OF YACHTS ............................................................................... 99

3.e. DECREE OF 25 OCTOBER 1963 RELATING TO THE DEPARTURE DECLARATION OF SHIPS WITH A GROSS TONNAGE LOWER THAN 500 TONS................................................................................................................. 99 3.f. DECREE OF 25 OCTOBER 1963 FIXING THE COMPOSITION AND OPERATION OF THE COMMISSIONS OF NAUTICAL SAFETY INSPECTION.... 100 3.g. DECREE OF 25 OCTOBER 1963 RELATING TO THE VARIOUS FORMALITIES AND CONDITIONS TO BE MET FOR THE DELIVERY AND RENEWAL OF SAFETY INSTRUMENTS AND FOR DEPARTURE DECLARATION........................................................... 109 3.h. DECREE OF 7 NOVEMBER 1963 DETERMINING THE SYSTEM APPLICABLE AS REGARDS NAUTICAL SAFETY FOR SHIPS OF GROSS TONNAGE LOWER THAN 500 TONS .................................................... 122 3.i. DECREE OF 21 MAY 1964 FIXING THE RATES OF FEES AND TRAVEL ALLOWANCES ALLOCATED WITH NON CIVIL SERVANT MEMBERS OF THE INSPECTION COMMISSIONS OF YACHTS AND FISHING AND TRADIND SHIPS.......................................................................... 126 II.4. MARITIME MORTGAGES ................................................................................. 126 4.a. DECREE OF 4 MAY 1920 FIXING THE TARIFF OF FEES TO BE COLLECTED IN TERMS OF MARITIME MORTGAGE ..................................... 126 4.b. DECREE OF 10 JANUARY 1975 RELATING TO THE REGISTRATION OF MARITIME MORTGAGES .............................................................................. 127 II.5. MARINERS............................................................................................................... 128 5.a. DAHIR OF 21 JANUARY 1922 MAKING COMPULSORY FOR MOROCCAN SAILORS THE POSSESSION OF AN INDIVIDUAL MARITIME BOOKLET ........................................................................................... 128 5.b. DECREE OF 7 APRIL 1934 FIXING THE PROPORTION OF SAILORS OF MOROCCAN NATIONALITY WHICH SHALL BE EMBARKED ABOARD SHIP FITTED UNDER THE MOROCCAN FLAG .............................. 129 5.c. DECREE OF 12 MARCH 1959 REGULATING THE PROPORTION OF
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MOROCCAN SAILORS TO BE EMBARKED ON SHIPS FITTED FOR DEEP-SEA FISHING, REGISTERED WITH THE MARITIME DISTRICT OF TANGIER .......................................................................................................... 130 5.d. DECREE OF 25 FEBRUARY 1961 FIXING THE REQUIREMENTS TO CAMMAND AND HOLD THE POSITIONS OF DECK OFFICER AND MECHANIC ASSISTANT ABOARD TRADING AND FISHING SHIPS ....................................................................................................... 130 5.e. DECREE OF 25 FEBRUARY 1961 FIXING THE CONDITIONS OF DELIVERY OF THE CERTIFICATES REQUIRED OF COMMANDING OFFICERS, SKIPPERS, FIRST OFFICERS OR LIEUTENANTS, AS WELL AS CHIEF ENGINEERS AND MECHANIC ASSISTANTS ON FISHING AND TRADIND SHIPS.................................................................

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5.f. DECREE OF 30 JANUARY 1964 FIXING THE RATE OF CONTRIBUTION OWED TO THE NATIONALE SOCIAL SECURITY FUND BY SEA FISHERMEN REMUNERATED BY THE SHARE............................................... 141 5.g. DAHIR OF 9 JULY 1945 BEARING EXTENSION TO SOME CATEGORIES OF SAILORS OF THE LEGISLATION ON INDUSTRIAL ACCIDENTS............ 141 5.h. DECREE OF 9 JULY 1945 DETERMINING THE METHODS OF ENFORCEMENT OF DAHIR OF 9 JULY 1945 BEARING EXTENSION TO CERTAIN CATEGORIES OF SAILORS OF THE LEGISLATION ON INDUSTRIAL ACCIDENTS . 143 II.6. MARITIME COLLISION...................................................................................... 145 6.a. DECREE OF 11 DECEMBER 1965 BEARING REGULATION TO PREVENT COLLISIONS AT SEA. INTERNATIONAL REGULATION OF 1972 TO PREVENT COLLISIONS AT SEA ........................................................................................... 145 II.7. MARINE INSURANCES...................................................................................... 162

7.a. DECREE OF 18 SEPTEMBER 1951 RELATIVE TO THE ORGANIZATION OF THE MARINE INSURANCE MARKET .......................................................... 162 III. LEGISLATION AND REGULATION SUPPLEMENTING THE MARITIME COMMERCIAL LAW.................................................................... 164 III.1. MARITIME WRECKS ........................................................................................ 164 1.a. DAHIR OF 23 MARCH 1916 ON MARITIME WRECKS ..................................... 164 III.2. MEDICAL POLICE............................................................................................ 166

2.a. DAHIR OF 5 JANUARY 1916 BEARING REORGANIZATION OF MARITIME MEDICAL POLICE ............................................................................ 166
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2.b. VIZIRIAL DECREE OF 23 NOVEMBER 1946 BEARING ORGANIZATION OF SANITARY CONTROL AT THE TERRESTRIAL, MARITIME AND AIR BORDERS .............................................................................................. 181 III.3. MARITIME PUBLIC DOMAIN ......................................................................... 183 3.a. DAHIR OF 1 JULY 1914 ON THE PUBLIC DOMAIN ........................................... 183 III.4. MARITIME PUBLIC DOMAIN POLICE ........................................................ 184 4.a. DAHIR OF 2 NOVEMBER 1926 ON THE MARITIME PUBLIC DOMAIN POLICE................................................................................................... 184 4.b. DAHIR OF 14 SEPTEMBER 1932 CONCERNING POLICE MEASURES APPLICABLE TO FOREIGN SHIPS STAYING OR CIRCULATING IN THE TERRITORIAL WATER OF THE KINGDOM OF MOROCCO. 185 III.5. MARITIME PILOTING...................................................................................... 186 5.a. DAHIR OF 20 FEBRUARY 1937 BEARING REORGANIZATION OF THE PILOTING SERVICE OF THE PORT OF CASABLANCA ................... 186 5.b. DAHIR OF 31 MAY 1937 ON THE CIVIL LIABILITY OF THE PILOTS OF THE PILOTING STATION OF THE PORT OF CASABLANCA .................. 191 5.c. DECREE OF 20 FEBRUARY 1937 CONCERNING THE OPERATION OF THE PILOTING SERVICE OF THE PORT OF CASABLANCA ................... 191 5.d. DECREE OF 31 MAY 1937 RELATING TO THE BAIL OF THE PILOTS OF THE PILOTING STATION OF THE PORT OF CASABLANCA .................. 198 III.6. MARITIME BROKERAGE................................................................................ 200 6.a. DAHIR OF 22 JULY 1953 RELATING TO MARITIME BROKERAGE .............. 200 III.7. ORGANIZATION OF TRANSPORT ................................................................ 202 7.a. DAHIR OF 25 SEPTEMBER 1962 BEARING ORGANIZATION OF MARITIME TRANSPORT ........................................................................................ 202 7.b. DECREE OF 24 OCTOBER 1962 RELATIVE TO ORGANIZATION MARITIME TRANSPORT ..................................................................................... 203 IV. DISCIPLINARY AND PENAL SYSTEM OF THE MERCHANT NAVY APPENDIX II OF DAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337) BEARING DISCIPLINARY AND PENAL CODE OF THE MERCHANT NAVY PART I: PRELIMINARY PROVISIONS ................................................................... 204 PART II ON FAULTS OF DISCIPLINE....................................................................
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CHAPTER I: ON THE AUTHORITIES QUALIFIED TO STATE AND DETERMINE FAULTS OF DISCIPLINE .. 205 CHAPTER II: ON FAULTS OF DISCIPLINE AND THEIR PUNISHMENT.............. 206 PART III: ON MARITIME OFFENCES.................................................................... 207

CHAPTER I: ON JURISDICTION AS REGARDS MARITIME OFFENCES.............. 207 CHAPTER II: ON MARITIME OFFENCES AND OF THEIR PUNISHMENT........... 207 PART IV: ON MARITIME CRIMES .......................................................................... 209 CHAPTER I: ON JURISDICTION AS REGARDS MARITIME CRIMES ................... 209 CHAPTER II: ON MARITIME CRIMES AND THEIR PUNISHMENT ...................... 209 PART V: GENERAL PROVISIONS ........................................................................... 209

I. MARITIME COMMERCIAL LAW

APPENDIX I OF DAHIR (ROYAL DECREE) OF 31 MARCH 1919 (CORRESPONDING TO 28 JOUMADA II 1337 ANNO HEGIRAE) ENACTING MARITIME COMMERCIAL LAW (OFFICIAL GAZETTE OF 26 MAY 1919). BOOK I: ON THE MARITIME NAVIGATION PLAN PART ONE: MARITIME NAVIGATION CHAPTER ONE: DEFINITIONS ARTICLE 1: Navigation shall be called maritime when it is practised at sea, in ports and roadstead, on lakes, ponds, channels and parts of rivers where water is salted and communicates with the sea. ARTICLE 2: A ship is a vessel which usually practises such navigation. ARTICLE 3 (a): (Modified by Dahir of 18 May 1930 - 19 Hijja 1348). Boats of any tonnage could be nationalized as Moroccan provided that: a. They have their home port in the Kingdom of Morocco; b. (Modified by Dahir of 2 May 1933 - 7 Moharrem 1352). They usually carry out a navigation which involves, in a direct and principal way, port traffic in the Kingdom of Morocco, or, in the case of fishing vessels, they usually unload the yield of their fishing in Morocco. c. They belong in a proportion of three quarters at least to Moroccan nationals. Where boats are the property of business corporations or limited partnerships, this condition shall be regarded as fulfilled when the majority of members of the Board of Directors or of the Board of Trustees are Moroccan citizens and, in addition, the Chairman of the Board of Directors, the Manager or the Managing Director is Moroccan. d. (Added by Dahir of 7 April 1934 - 22 Hijja 1352). Their crew is made up of sailors of Moroccan nationality in a proportion to be fixed, for the various kinds of navigation, by a Ministerial Decree. However, in the case of boats (ships and crafts) intended for practising Moroccan coastal traffic, inshore navigation and fishing under the conditions of article 52 hereafter, and for which the above condition is not fulfilled, the authorization to make them sail under the Moroccan flag can be specially granted to their owners, when these have been settled in Morocco for at least one year or, if these boats belong to a company, when this company has its registered office in Morocco. ARTICLE 3 (b): (Added by Dahir of 3 August 1957 - 6 Moharrem 1377). Notwithstanding the provisions of article 3, ships which will have their home port in Tangier and which will be intended to practise deep-sea navigation, near sea traffic or high-sea fishing may acquire the Moroccan nationality if they meet the following conditions: a. If they have their home port in Tangier; b. If they make at least one stopover in Tangier every six-months;

c. If they belong to private individuals domiciled in Morocco or to companies having their registered office in Tangier, or whose subsidiary company has its registered office in this port. However ships equipped for high-sea fishing must have their crew made up of sailors of Moroccan nationality in a proportion to be fixed by decree. CHAPTER II: ON THE FEES WHICH FITTING OUT IS SUBJECT TO ARTICLE 4: (Modified by Dahir No.1-84-54 of 27 April 1984 - 25 Rejeb 1404, bearing Financial Law for
the Year 1984).

Boats (ships and crafts of all kinds) shall only fly the Moroccan flag after payment of the taxes indicated below: Up to 2 tons inclusive ............................................................... 10 DH Above 2 and up to 5 tons inclusive .......................................... 20 DH Above 5 and up to 10 tons inclusive......................................... 50 DH Above 10 and up to 25 tons inclusive....................................... 75 DH Above 25 and up to 50 tons inclusive....................................... 100 DH Above 50 and up to 100 tons inclusive..................................... 150 DH Above 100 and up to 150 tons inclusive................................... 200 DH Above 150 and up to 250 tons inclusive................................... 250 DH Above 250 and up to 500 tons inclusive................................... 500 DH Above 500 and up to 1000 tons inclusive................................. 2,000 DH Above 1000 and up to 3000 tons inclusive............................... 4,000 DH Above 3000 and up to 7000 tons inclusive............................... 6,000 DH Above 7000 and up to 10000 tons inclusive............................. 8,000 DH Above 10000 and up to 20000 tons inclusive........................... 12,000 DH Above 20000 and up to 50000 tons inclusive........................... 16,000 DH Above 50000 tons..................................................................... 20,000 DH. However, for any nationality deed delivered to ships, high-speed motorboats and boats equipped as yachts of more than 10 tons, a fixed fee of 500 Dirhams shall be due. In addition to these taxes, all ships and boats, including crafts of less than 2 tons shall pay a fixed fee of 200 Dirhams, as well as the parchment price fixed at 100 Dirhams. The tonnage used as a basis for taxes is the gross tonnage of ships. ARTICLE 5: (Modified by Dahir No.1-84-54 of 27 April 1984 - 25 Rejeb 1404, bearing Financial Law for
the Year 1984).

The fees fixed in the preceding article shall be settled by the Navigation Authority and collected by the Customs Authority, payable at once on the day of handing over the nationality deed. ARTICLE 6: Shall be exempted from the fees fixed in article 4: 1. Boats exempted from the compulsory authorization known as registration authorization, in accordance with article 11 hereafter; 2. Boats belonging to public administrations;
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3. Minesweepers and their appendices, as well as those employed by the ports and channels authority. The deed delivered to minesweepers and their appendices shall specify the nature and duration of their mission. CHAPTER III: ON TONNAGE MEASUREMENT OF SHIPS ARTICLE 7: Prior to proceeding with the acts relative to fitting out a boat under the Moroccan flag, its owner shall subject it to measurement. ARTICLE 8: Tonnage measurement is the official statement of a boats usable capacity. Tonnage measurement of boats, the inventory of their appendices and their description shall be carried out by the Navigation Authority, which shall draw up a certificate at the expenses of the owner, manufacturer or ships agent, who shall provide said Authority with the means to carry out such operations. These operations shall give rise to no special fee apart from the actual expenses. ARTICLE 9: Rules applicable at any time, in the French zone of the Cherifian Empire, for the tonnage measurement of boats flying the Cherifian flag, shall be those in force in France at the same time. ARTICLE 10: The figure of the net tonnage shall be engraved on the back face of the midship beam or of the front coaming of the large panel, in Arab numerals of 8 centimetres high and 2 centimetres wide script. In order to facilitate the checks by the Navigation Authority, fixed marks could be affixed by said Authority at points where sizes were taken and used to calculate tonnage. CHAPTER IV: ON SHIPS PAPERS ARTICLE 11: Boats of any species must have on board: 1. A nationality deed; 2. An authorization; 3. A crew register; 4. A health licence, in all cases where this document is required by the legislation on medical police; 5. The navigation permit; and 6. in the cases and conditions provided for in article 143 hereafter, a log book and a ship log. These documents constitute on-board documents and are rigorously obligatory. Shall, however, be exempted from on-board documents boats and launches depending on a Moroccan ship and appearing on its inventory. Moreover, shall have as sole on-board document an authorization known as registration authorization, renewable annually:
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a. Boats which sail in the same roads or the same river; b. Boats of 2 tons and below used for fishing; c. Pleasure boats of 10 tons and below. SECTION ONE: ON THE NATIONALITY DEED ARTICLE 12: The nationality deed is the document which states the boats right to fly the Moroccan flag and guarantees to said boat the advantages and protection due to Moroccan navigation. It is drawn up on parchment in the name of His Majesty the King and bears the signature of the Minister of Maritime Fishing and Merchant Navy or his delegate. The deed is delivered by the Navigation Authority of the home port. The nationality deed shall include a description of the boat. It shall affirm that the boat has been measured, that the certification or oath has been received, and that the guarantee, if applicable, has been paid. It shall, moreover, state the boats home port, name, species, registration number, official tonnage, the name(s) of its owner(s), the place and year of its building or the circumstances which justified its naturalization. ARTICLE 13: The owner shall, prior to the delivery of the nationality deed, file a statement with the clerk office of the court of peace of the district of his residence or the place where he elected domicile, his nationality, and, if necessary, provide any and all indications relating to his joint owners or persons having real rights over the boat, or otherwise to affirm being the only and single owner thereof. Minutes of this statement, supported if necessary by an oath, shall be drawn up by the courts Clerk; the minutes shall be entered in the minutes register of the courts clerk office and a copy thereof shall be delivered to the informant, who shall present the boat to the Navigation Authority for the execution of the tonnage certificate. ARTICLE 14: In addition to the minutes of the statement just above-mentioned, the owner of a boat of 20 tons and above shall give to the port office, by way of regular act, tender and guarantee on his own boat and other property: 1. 20 francs per ton, for boats from 20 to 99 tons; 2. 30 francs per ton, for boats of 100 tons and above. The guarantee shall only be withdrawn by the Navigation Authority if the owner contravenes the provisions of articles 19, 27 and 44 of this Dahir. Owners of boats measuring less than 20 tons shall be exempted from providing such guarantee. ARTICLE 15: The owner shall not sell, give or lend the boats nationality deed; he shall only make use thereof for the boat to which the deed is granted and shall bring it back to one of the offices of the Navigation Authority in any port of the Kingdom of Morocco to be cancelled, if the boat is either sold, or taken by the enemy, or otherwise burnt or lost in any other manner. Such handing-over shall be made within one month, if the loss or sale takes place in the waters or ports of the Kingdom of Morocco; within three months, if the sale or loss takes place outside the Kingdom.
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In addition to the penalties set forth for any infringement of the provisions of this article, such infringements may give rise to seizure of the ship, which shall take place in accordance with the rules provided for in maritime mortgage matters, at the request of the maritime authority. ARTICLE 16: If the nationality deed of a boat is lost, the owner shall file a declaration with the clerk office of the court of peace of his place of residence or elected domicile; he shall indicate, in support, the circumstances in which the loss took place. These declarations shall be drawn up in minutes, a copy of which shall be delivered by the clerk to the owner. The owner may obtain a new nationality deed, provided he observes the same formalities and is subject to the same guarantee, tender, declaration and payment of the fees as for obtaining the deed which was lost. In the case of giving back the Cherifian flag to an old Moroccan boat sold abroad, the owner shall follow the same formalities and be subject to the same obligations as for obtaining a nationality deed in the first place. ARTICLE 17: (Modified by Dahir No.1-84-54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law for
the Year 1984).

If renewal of the nationality deed is required due to depreciation or for any other cause, only the price of the parchment, fixed at 100 Dirhams, shall be due. ARTICLE 18: If, after delivery of the nationality deed, the boat is altered in terms of form, tonnage or in any other way, the owner shall obtain a new nationality deed, otherwise the boat will be considered as foreigner. The same goes for a boat which, by exceptional measure, is authorized to change its name. In both cases, the renewal of the deed shall only give rise to the payment of the price of the new parchment. ARTICLE 19: It is also necessary to justify the impossibility of bringing back a boat to a port of the Kingdom of Morocco due to a force majeure, such as capture, shipwreck, stranding and loss, judgment following damage, to obtain crossing out from submissions upon the delivery of nationality deed. The documents necessary for such justification shall be provided by the owner to the Navigation Authority of the port, which authority shall, if necessary, carry out an investigation. These documents are as follows: If the boat was subject to a shipwreck, the detailed report of the commanding officer or, failing this, the report of crew members who escaped the shipwreck. If the boat is lost with all hands, a notary deed certifying its loss, and, in all the cases, any authentic official documents reporting in detail the boats fate. ARTICLE 20 (a): Where a Moroccan boat, due to its state of depreciation, must be dismembered, the owner shall file a statement with the Navigation Authority of the port, which shall ensure that the boat in question is actually the one mentioned in the nationality deed.

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Once the identity is established, the same authority shall ensure the actual demolition and draw up minutes, a copy of which shall be given to the owner, so that he may proceed with cancelling the submissions relating to the dismembered boat and have its name crossed out from the register of the port office where it was registered. ARTICLE 20 (b): (Added by Dahir of 18 May 1930 - 19 Hijja 1348). The nationality deed may be withdrawn if the requirements of article 3, for obtaining the same, cease to be met. SECTION II: ON THE AUTHORIZATION ARTICLE 21: The authorization is the instrument delivered by the Navigation Authority of the home port to state that the boat is still in the right to fly the Moroccan flag. It affirms the identity of the boat to which it is delivered with that which is subject to the nationality deed. The special authorizations delivered in the form of registration authorizations for certain boats, in accordance with article 11, shall be drawn up in the same form as the others, with the only difference that they are marked at the top Registration Authorization. ARTICLE 22: Apart from the exceptions provided for in article 11 above, no boat, whatever its capacity, shall practice maritime navigation without being provided with an authorization. ARTICLE 23: The authorization shall be signed by the Director General of Public Works or his delegate. ARTICLE 24: While indicating the serial number of the nationality deed, the authorization shall restate all the indications of this deed relating to the boat. ARTICLE 25: The authorization shall be valid for one year when the boat makes several voyages in the year, and for the whole duration of the voyage when this voyage lasts more than one year. ARTICLE 26: The authorization shall treated as a nationality deed for the repression of frauds which it may give rise to. The provisions of article 20 shall be applicable as regards the authorization. ARTICLE 27: (Modified by Dahir No.1-84-54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law for
the Year 1984).

Annual fees to be settled by the services of the Merchant Navy and collected by the Customs Authority for the delivery of the authorization shall be fixed, by boat, as follows: From 2 up to 5 tons inclusive 30 DH Above 5 and up to 10 tons inclusive 50 DH Above 10 and up to 25 tons inclusive 75 DH Above 25 and up to 50 tons inclusive 100 DH Above 50 and up to 100 tons inclusive 150 DH Above 100 and up to 150 tons inclusive 200 DH Above 150 and up to 250 tons inclusive 250 DH
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Above 250 and up to 500 tons inclusive 300 DH Above 500 and up to 1.000 tons inclusive 400 DH Above 1,000 and up to 3.000 tons inclusive 500 DH Above 3,000 and up to 7.000 tons inclusive 700 DH Above 7,000 and up to 10000 tons inclusive 900 DH Above 10,000 tons 1,000 DH. For the delivery of the authorization known as registration authorization, as defined in article 21, the price of the parchment fixed at 30 Dirhams shall be collected. However, for ships, high-speed motorboats and boats equipped as yachts, 300 Dirhams shall be collected for the delivery of the registration authorization (ships whose gross tonnage is lower or equal to 10 tons). SECTION III: ON THE CREW REGISTER ARTICLE 28: (Modified by Dahir No. 1. 84.54 of 27 April 1984 - 25 Rejeb 1404 bearing financial law for
the Year 1984).

To each boat admitted to fly the Moroccan flag, a numbered and initialled register shall be delivered, to serve as crew roll, on which shall be affixed arrival and departure visas. On the first page of this register shall be indicated the boats name and species, home port, folio and registration number, legal tonnage, place and date of building, sale date (if it is of foreign construction), names, first names, nicknames and capacity of the owner(s), of the commanding officer, the kind of navigation, coastal traffic or fishing, which the boat is intended to carry out, the number and species of the boats appendices which should really be embarked on board. The crew register shall contain the filial status of each crew member, with the terms and conditions of his recruitment. The delivery of the crew register shall be carried out by the service of the Merchant Navy of the home port. Its renewal shall be made at the same office and shall entail the deposit of the exhausted register in the archives of said office. The delivery and renewal of the crew roll shall give rise to the collection of a fee fixed at 2.50 Dirhams per sheet used (cover and slip sheets included). This fee shall be settled by the service of the Merchant Navy and collected by the Customs Authority. When the crew register is exhausted in the course of voyage, the commanding officer shall seek to obtain the delivery by the Navigation Authority of the port, if the boat happens to be on the coast line of the Kingdom of Morocco, or by the consular authorities if it happens to be in a foreign port, of a new register in the first case and a provisional roll sheet, in both cases, which it shall upon its return present to the office of the home port, together with the exhausted register. ARTICLE 29: (Abrogated by Dahir of 24 September 1928 - 9 Rebia II 1347). ARTICLE 30: Agents of the Navigation Authority in the Kingdom of Morocco, civil servants of maritime registration in Morocco and Moroccan consular authorities abroad shall,
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each time they deem it useful, and at least once a year, with respect to the agents of the Navigation Authority in the Kingdom of Morocco, inspect the crew register of any Moroccan boat present in the port, regardless of the registration district of said boat. They shall affix their visa on such instruments with the date of registration and any remarks which such inspection may have given rise to. ARTICLE 31: Any commanding officer shall exhibit his crew register upon any requisition of the coastguard commanders, port officers, customs agents and judiciary police officers in the Kingdom of Morocco, as well as of civil servants or agents of maritime registration in Morocco or the consular Moroccan authorities abroad. In case of absence of the crew register, minutes shall be drawn up against the offender by the civil servant or duly authorized agent who has not been able to obtain communication of said register. The minutes thus drawn up shall have probative force until a proof to the contrary. In default of minutes or in case these instruments are insufficient, infringements could be proven by any other means of common law. SECTION IV: ON THE HEALTH LICENCE ARTICLE 32: The health licence shall be executed in accordance with the provisions of Dahir of 5 January 1916 (28 Safar 1334), bearing reorganization of the maritime medical police. SECTION V: ON SAFETY INSTRUMENTS
(Modified as follows, Dahir of 13 May 1959 - 5 Kaada 1378).

ARTICLE 33(a): For the purpose of implementing the provisions which follow, shall be considered: As ship any vessel as well as any floating device, such as dredger, carrier, cistern, barge, of whatever tonnage, carrying out any navigation in maritime waters, either by its own means, or by the tow of another ship; As passenger ship any ship carrying more than twelve passengers. SAFETY INSTRUMENTS ARTICLE 33 (b): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). 1. Any Moroccan ship shall be provided with: - A navigation permit delivered by the administrative authority appointed by the UnderSecretary of State for Commerce, Industry, Craft Industry and Merchant Navy; - A freeboard certificate delivered by a company of recognized classification; - If necessary, an exemption certificate delivered pursuant to the convention of 10 June 1948 on the safeguard of human life at sea.

16

2. Any Moroccan passenger ship shall be provided with a safety certificate delivered by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy. 3. Any Moroccan ship, other than a passenger ship, shall: - if it practises an international navigation, be provided with a safety certificate for the fittingout equipment, delivered by the authority appointed by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy. - if it is compelled to have either a radiotelegraphic installation or a radiotelephonic installation, be provided with the corresponding safety certificate(s), delivered by the same authority. ARTICLE 33 (c): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). - Decrees shall determine the general rules which must be met by ships for the delivery of the safety instruments set forth by article 33 (b) of this Dahir, in particular with regard to: 1. Construction (bulk-heading and stability, fire prevention, detection and extinction); 2. Electrical installations; 3. Propelling apparatuses and ancillary equipment; 4. Rescue means (boats, rafts, machines); 5. Radiotelegraphy and radiotelephony; 6. Nautical instruments and documents; 7. The maximum number of passengers to be embarked; 8. The habitability and hygiene; 9. Onboard medical and health services, with respect to both personnel and equipment; 10. Loading and stowing conditions of grains and hazardous goods. ARTICLE 34: (Modified by Dahir of 6 July 1953 - 24 Chaoual 1372). The delivery of safety instrument shall be subject to the inspection of the ship prior to operation. Such instruments shall be valid for a period of one year, except for the safety certificate of the fitting-out equipment which shall be valid for two years. Upon the expiry of their validity, the safety instruments shall be renewed. To allow a ship to complete a voyage, its safety instruments may be extended, by the consular or maritime authority, for one month maximum if the ship happens to be in a Moroccan port when the instruments expire, for five months maximum if the ship happens to be in another port. Extension may be asked before departure for a voyage, if the ship-owner foresees that the instruments will cease to be valid during this voyage. Provisional safety instruments shall be delivered to ships newly built in Morocco, which need to leave the place of their construction to complete their equipping or to be fitted out in another port. Such instruments shall only be valid for the crossing made to the fitting-out port to proceed with the delivery of the final safety instruments with respect to the remarks not yet made. The same goes for ships built or purchased abroad and dispatched for a first voyage under the mode of provisional Moroccanization.

17

ARTICLE 35 (a): (Modified by Dahir of 6 July 1953 - 24 Chaoual 1372). Safety instruments provided for in article 33 (b) of this Dahir may be withdrawn before the expiry of their period of validity if the ship ceases to meet the conditions fixed for their delivery. They shall cease to be valid, upon a decision of the maritime or consular authority, when the ship is subject to either serious damage, or notable changes in its structure or equipment, or else when the classification allotted to it by a company of classification has been withdrawn from it. A ship owner, who does not inform in due time the maritime or consular authority of the place where the ship is, the damage undergone, the changes brought thereto or the withdrawal of the classification, shall be subject to the penalties provided for in the first subparagraph of article 37 of this Dahir. CENTRAL SAFETY COMMISSION: ARTICLE 35 (b): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). A Central Safety Commission shall serve with the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose. This Commission shall be referred to for approval, by the ship-owner at the time of construction or recasting of a ship, or prior to the Moroccanization of a ship purchased abroad, of the plans and documents enumerated by a decree of the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy. Any safety apparatus or device submitted for homologation, any installation, device or apparatus for which a manufacturer or ship-owner wishes to know the equivalence with a statutory installation, device or apparatus, shall be submitted to the Central Safety Commission. This Commission may be consulted by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, on any question relative to the safeguard of human life at sea or to the habitability of commercial, fishing or pleasure ships, and generally on any question relative to the application of this Dahir. The make-up and operation of the Central Safety Commission shall be fixed by decree. INSPECTIONS AND INSPECTION COMMISSIONS: ARTICLE 36(a): (Modified by Dahir of 6 July 1953 - 24 Chaoual 1372). A Start-up Inspection Commission shall serve at each port indicated by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant Navy. It shall examine, when a ship is to be brought into service under the Moroccan flag, whether it fulfils the requirements of this Dahir and the regulations enacted for its application. It shall ensure that the regulations of the Central Safety Commission are observed.

18

Hull inspection shall necessarily comprise a dry inspection. The first safety instrument shall be delivered or refused upon completion of the Commissions work and in accordance with its opinion. For the delivery of the provisional instruments provided for in article 34 of this Dahir to ships built or bought abroad, the consular authority shall establish a Commission whose make-up shall be as close as possible to that of the Start-up Inspection Commission. ARTICLE 36 (b): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). An Annual Inspection Commission shall serve in each port indicated by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy. It shall examine whether the ship still fulfils the legal requirements. In the affirmative, it shall issue a recommendation in favour of the renewal of the safety instrument which the ship was holding. In the contrary case, or if it notes that a regulation of this section or of the statutory texts enacted for its application, has not been applied, the Commission shall issue a recommendation for the withdrawal of the instrument. The appropriate authority shall rule in accordance with the opinion of the Commission. Any passenger ship shall be subject to a dry inspection of the hull at least every twelve months. For other ships, the intervals between two dry inspections shall be fixed by a decree. Where the ship is inspected afloat, the Commission may require its partial or total unloading. The Annual Inspection Commission shall have the power to inspect any ship whose safety instruments have been withdrawn or suspended, in application of article 35 of this Dahir. The Start-up Inspection Commission and the Annual Inspection Commission shall be chaired by the Head of the maritime district. Their make-up and operation shall be fixed by decree. Start-up Inspection Commissions and the Annual Inspection Commissions can meet in a port other than those indicated by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy if the ship-owner makes so requests. In this case, the travel expenses of Commission Members shall be borne by the ship-owner. Where a ship does not go or goes only exceptionally to a port where an Annual Inspection Commission serves, its safety instruments may to be renewed in any other port endowed with the personnel and the equipment allowing for proceeding with the statutory inspections under satisfactory conditions. In each port indicated by the Minister in charge of the Merchant Navy, and under the authority of the Head of the Maritime District, one or more maritime navigation inspectors shall undertake, in addition to the other duties which they may be entrusted with, the general surveillance of maritime navigation Safety. They shall check that the provisions of this section and of statutory texts enacted for its application are observed. They shall have free access on board any ship present in the port each time they deem it useful. They shall draw up minutes of any infringement to the regulations in force.

19

A mechanics of the merchant navy may be joined by the Head of the Maritime District to the Navigation Inspector, in order to specifically proceed with checks relating to propelling apparatuses and auxiliaries. Inspectors reporting to the Post, Telegraph and Telephone Minister carry out, under the authority of the Head of the Maritime District, under the conditions fixed by the above mentioned Minister and the Minister in charge of the Merchant Navy, the monitoring of radio-electric equipment and navigation apparatuses involving the technique of telecommunications. Such monitoring shall extend to equipment whose installation on board is not compulsory; the aim in this case is to check that the installations do not constitute a danger to the crew or the ship. ARTICLE 36 (c): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). Before leaving a Moroccan port, any Moroccan ship shall be subject to a departure inspection. This inspection aims at stating that the ship is, in general, under good conditions of seaworthiness and that measures in conformity with the provisions of this section and of statutory texts enacted for its application have been taken to ensure the safety of the ship, of the crew and of the people embarked. The inspection shall be carried out by the Navigation Inspector, who may be assisted, if necessary, by one or more experts appointed by the Head of the Maritime District from among the Members of the Start-up Inspection Commission. The Navigation Inspector may interdict or defer, until compliance with regulations, the departure of any ship which, by its state of maintenance, its defective stability, the conditions of its loading or for any other reason provided for in this section or in statutory texts enacted for its application, which seems to the Navigation Inspector unable to take the sea without danger to the crew or to the people embarked. Reasons of interdiction or postponement shall be immediately notified, in writing, to the commanding officer. Should the commanding officer refuse to comply therewith, the Navigation Inspector shall resort, to prevent departure, to the various services in charge of dispatching the ship or authorizing it to exit the port. If the Navigation Inspector notices an infringement of this section or of the statutory texts enacted for its application, without it being necessary to interdict or defer departure, he may order, with the required deadlines, the implementation of any measure intended to reinforce the applicable provisions. Should the commanding officer or the ship-owner lodge an appeal under article 37(c) of this Dahir, the deadlines for implementation shall run from the date of notification of the decision of the Counter-Inspection Commission provided for in the same article. ARTICLE 36 (d) (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). When the Navigation Inspector receives a complaint of the crew, relative either to the conditions of seaworthiness or safety, or to habitability, hygiene or food supplies, he shall proceed, within a short time, with an inspection of the ship. He shall examine the cogency of the complaint and prescribe, if necessary, the required measures.

20

He may be assisted by one or more experts appointed by the Head of the Maritime District from among the Members of the Start-up Inspection Commission. The complaint shall be addressed to the Head of the Maritime District in writing, must be justified, signed by three members of the crew and filed in due time so that the departure of the ship is not delayed. ARTICLE 37(a) (Modified by Dahir of 6 July 1953 - 24 Chaoual 1372). Any inspection shall be recorded in minutes signed, depending on the case, by the Members of the Inspection Commission or by the Navigation Inspector. The minutes shall briefly state all the remarks made during the inspection, as well as the observations and requirements which result therefrom. Any requirement involving the modification of an installation must refer to the statutory text by virtue of which it was formulated. Inspection minutes shall be handed to the Head of the Maritime District in person and transcribed in a special register which is maintained aboard the ship and must be presented at any requisition of the Navigation Inspector. ROLE OF THE CLASSIFICATION COMPANIES: ARTICLE 37 (b) (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). Classification companies recognized by a decree enacted on the proposal of the Minister in charge of the Merchant Navy shall be entitled to affix freeboard marks on Moroccan ships, in accordance with the rules of the international convention on load lines, and to issue the corresponding freeboard certificates. These certificates shall have a maximum duration of validity of five years, extensions included. Moroccan ships having the first classification of a classification company, specifically approved for this purpose by a decree enacted on the proposal of the Minister in charge of the Merchant Navy, may be exempted from the inspections provided for in articles 36 and 36 (b) of this Dahir, but only with respect to the points which have been subject to inspections, remarks or tests by such company. Approval may only be given to a classification company if it is able to have the application of Moroccan regulations checked by qualified experts. This checking shall lead to granting the ship a special certificate of the classification company. Inspection Commissions and Navigation Inspectors shall hold the right to carry out any checking in the area covered by the exemption. RIGHT OF REVIEW ARTICLE 37 (c) (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). The application for review may be lodged by: - A commanding officer for whom the start-up authorization has been refused;
21

- A commanding officer or ship-owner who considers the requirements of Navigation Inspector to excessive; - The three members of the crew whose complaint, made under article 36 (c) of this Dahir, was not satisfactory. The application for review shall be filed within fifteen days with the Head of the Maritime District who may transmit the file, for instruction and decision, to another Moroccan port where the ship goes. Within twenty-four hours after the application for review or the arrival of the ship to the port in charge of instruction, a counter-inspection shall be carried out by a commission chaired by the Head of the Maritime District. The make-up and operation of the Counter-Inspection Commission shall be fixed by decree. The Counter-Inspection Commission shall hold a hearing session with the Navigation Inspector and the author of the review, but makes its conclusions in their absence. The Head of the Maritime District shall rule in accordance with the conclusions of the Commission. Decisions taken pursuant to article 35 (b) of this Dahir may be referred to the Minister in charge of the Merchant Navy or his delegate within fifteen clear days from the notification of the decision appealed against. The same goes for decisions taken pursuant to articles 36 and 36 (b) of this Dahir when they relate to ships with a gross tonnage equal to or above 50 tons. The case may be brought before the Minister in charge of the Merchant Navy or before the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by the Minister for this purpose, by: - The ship-owner in all cases; - The constructor, if the appealed decision was made before the delivery of the ship, either by the Central Safety Commission, or by the Start-up Inspection Commission; - The three members of the crew whose complaint, made under article 36(c) of this Dahir was not satisfactory. The Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy shall rule upon the opinion of a higher commission, whose make-up and operation shall be fixed by decree. The author of the application for review before the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by the Minister for this purpose, shall be allowed, if so he desires, to present his observations before the Commission. The administrative right of review provided for in this article shall only be condition precedent if it is decided so by the Under-Secretary of State for Commerce, Industry, Craft Industry and Merchant Navy.

22

A Regional Commission shall be set up under the authority of the Head of the Merchant Navy Service to examine any appeal which the application of articles 36, 36 (b) and of this article may give rise to for ships with a gross tonnage below 50 tons. The make-up and operation of this Commission shall be fixed by decree. The Head of the Merchant Navy Service shall issue a final ruling upon the opinion of the Commission. The administrative right of review provided for in this article shall only be condition precedent if it is decided so by the Head of the Merchant Navy Service. A decree enacted upon the proposal of the Minister in charge of the Merchant Navy, taking into account the opinion of the Minister of Foreign Affairs, will define the conditions in which the right of review provided for in this article, or, in default of rights of review offering similar guarantees, may be initiated against the decisions of Moroccan authorities based outside Morocco. FOREIGN SHIPS: ARTICLE 37(c) (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). This Dahir shall be applicable to foreign ships entering a Moroccan port. These ships are supposed to meet the provisions of this Dahir, if the commanding officer presents a duly executed instrument delivered by the Government of a country bound by the international conventions in force on the safeguard of human life at sea and which is in accordance with these conventions. This instrument shall be regarded as sufficient unless, in the opinion of the Navigation Inspector, the ships state of seaworthiness does not substantially correspond to the indications shown therein and that it cannot take the sea without a danger for its passengers or its crew. The Navigation Inspector shall, in this case, take all suitable measures to prevent the departure of the ship. The head of the Maritime District shall immediately inform in writing the consul of the country where the ship is registered of the decision taken and of the circumstances which justify the same. Foreign ships shall be subject to departure inspections in the same conditions as Moroccan ships. Safety instruments may be delivered to a foreign ship attending a Moroccan port at the request of the Government of the country where the ship is registered. The make-up of the competent commission for the delivery of such instrument shall be fixed by decree.

23

INFRINGEMENTS AND PENALTIES ARTICLE 37(d): With the exception of the case provided for in the second subparagraph of this article, any ship-owner who contravenes the provisions of this section or those of the statutory texts enacted for its application shall be subject to a fine from 50,000 Francs to 1,000,000 Francs. Any ship-owner who causes or attempts cause to sail a ship for which the safety instrument is outdated, was refused, withdrawn or suspended shall be subject to a fine from 100,000 Francs to 2,000,000 Francs and to imprisonment from one month to one year, or to one of these two penalties only. However, if the validity of the navigation certificate or permit expires in the course of crossing, the validity of such certificate or permit shall be deemed as extended until the next port where the ship approaches. A commanding officer who commits one of the infringements provided for and repressed in this article shall be liable to the same penalties. However, the maximum of the penalty shall be reduced to a quarter thereof if it is proved that the commanding officer received a written or verbal order from the ship-owner. Any member of the crew who has caused an inspection on board by knowingly producing inaccurate allegations shall be punished with imprisonment from three to six days and with a fine from 1,200 Francs to 6,000 Francs, or with one of these two penalties only. The fine and imprisonment penalties provided for above may be doubled in the event of repetition. Repetition occurs when, within the twelve months which precede the criminal acts, the offender has already been subject to a judgment for facts repressed by this Dahir. These same penalties shall be reduced by a half with regard to infringements of provisions concerning ships with a gross tonnage below 500 tons. REMUNERATION OF NON-CIVIL-SERVANT MEMBERS OF INSPECTION COMMISSIONS: ARTICLE 38 (a) (Modified by Dahir of 6 July 1953 - 24 Chaoual 1372). A fee and, if necessary, a travel allowance shall be allocated to each non-civil-servant member of the inspection commissions. The fee and allowance, as well as the transport costs from the quay to the board and back, shall be incurred by the ship. The rates thereof shall be fixed by a decree enacted upon the proposal of the Minister in charge of the Merchant Navy. Inspections prescribed by this Dahir shall give rise to the collection of taxes whose amount shall be fixed by a decree jointly enacted by the Minister in charge the Merchant Navy and the

24

Minister of Foreign Affairs, after taking into account the opinion of the Deputy-Head of the Cabinet, the Minister of National Economy and Finance. The tax to be collected shall be the responsibility of the ship-owner, except if it an inspection made upon a complaint from crew and which is not recognized as founded. VARIOUS PROVISIONS: ARTICLE 38 (b) (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). The manpower of any Moroccan ship must be such as, from the point of view safety at sea, there is on board sufficient crew in terms of number and quality. This manpower shall be fixed, upon the proposal of the ship-owner, by the Navigation Inspector of the port where the ship is fitted out, taking into account the legislation on the work duration on board, the ships characteristics and conditions of operation. It can be revised at the request of the ship-owner or the commanding officer, upon the written and justified complaint of three members of the crew: 1. After three months of operation for ships fitted out for coastal traffic, and after six month of operation for ships fitted out for ocean trade; 2. Upon the renewal of the navigation permit; 3. Any time, if the elements which were used as a basis for its fixing happen to be modified. The authors of the revision request may, within fifteen days, lodge an administrative appeal against the decision of the Navigation Inspector before the Counter-Inspection Commission provided for in article 37(c) above. This Commission, chaired by the Head of the Maritime District, shall hold a hearing with the Navigation Inspector, the commanding officer and representatives of the crew. All and any of these parties may be assisted by councils of their choice. The Head of the Maritime District shall rule in accordance with the conclusions of the Commission. The decisions of the Head of the Maritime District may be referred by any interested party, within fifteen days, to the Minister in charge of the Merchant Navy or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, who shall rule after consultation of a higher manpower commission whose make-up and operation are fixed by decree. ARTICLE 38(c): Decrees will determine the mode applicable either to ships with a gross tonnage below 500 tons, or to ships whose assignment or conditions of operation justify a specific scheme, as well as the general conditions of application of this Dahir not set forth by the preceding provisions. SECTION VI: ON HANDING OVER SHIPS PAPERS ARTICLE 39: Within twenty-four hours from their arrival in a port, commanding officers shall give their ships papers to the following authorities:
25

a. In the case of a port of the Kingdom of Morocco, to the navigation service of said port; b. In the case of a French port, the nationality instrument and the authorization shall be deposited at the Customs; the crew register shall be given to the maritime registration civil servant or agent; c. In the case of a foreign port, the aforementioned documents shall be given to the Moroccan consular authority. This handing-over shall not be required in the cases provided for in article 40 hereafter. The authorities who will have received the ships papers shall give them back on departure, after affixing an arrival and departure visa on the sole crew register and indicating the ships port of destination, as well as the number and names of passengers embarked at each voyage, according to commanding officer statements. Civil servants or agents referred to above shall be able to ensure, by an on-board inspection, that the indications shown on the instruments handed to them are accurate. Commanding officers shall, moreover, upon any requisition, produce their ships papers to customs agents. ARTICLE 40: Shall be exempted from giving their ships papers and having their crew register signed upon arrival and departure: 1. Boats dedicated to fishing on the coasts of the Kingdom of Morocco, whichever is their kind of fishing; 2. Boats temporarily used for the transit of passengers and goods between land and the roads and vice versa, or assigned to the operation of rural property, plants and factories, in the lower course of rivers; 3. Boats exclusively intended for pleasure sailing. The obligation to hand over papers and get the visa shall remain fully applicable for the boats indicated above which would go from one port to another; 4. Boats on stopover, where the stopover does not exceed six hours; 5. Boats belonging to public administrations. Commanding officers or owners of these various boats shall equally produce, upon any requisition, their ships papers to the agents of the health service, the judiciary police officers and the customs agents. CHAPTER V: ON THE MOROCCAN FLAG ARTICLE 41 (Modified by Dahir of 1 September 1923 - 19 Moharrem 1341 and by Dahir of 28 April 1956
- 16 Ramadan 1375).

Sea vessels registered in the Moroccan territory shall hoist the Moroccan merchant flag at sea, if they meet a State vessel, or in ports, if they are required to do so by the appropriate authorities. This flag has the following characteristics: a red flag carrying in the centre a green five-branch Solomon seal. The diameter of the circle circumscribed around the Solomon seal

26

is equal to one third of the height of the flags five-dents. The types of flags normally used by merchant ships or other vessels are as follows: Flag No. 11, of the steering gear service, i.e. 2.50 meters by 3.75 meters; Flag No. 12, i.e. 2m by 3m; Flag No. 13, i.e. 1.50m by 2.25m; Flag No. 14, i.e. 1 meter by 1.50m. The red colour of the flag is clear red; the green colour is natural green. ARTICLE 42: No ship shall hoist the Moroccan flag unless it is in possession of a Moroccan nationality instrument and a registration authorization. The Moroccan flag shall be hoisted at the back part of the ship. Company or ship-owner flags and marks of recognition other that the Moroccan flag may only be hoisted after a statement is made at the navigation service of the home port and mentioned in the crew register. Such flags or marks shall be hoisted at the front part of the ship or, if need be, on the same rope as the Moroccan flag, but at a lower part of the latter. The Moroccan flag shall necessarily be hoisted in ports on the day of the ships arrival and departure, at any requisition by the port officers resulting from a general measure, as well as in the circumstances provided for by sea usage and international regulations. Ships indicated in the first four paragraphs of article 40 shall be exempted from obligation to hoist the flag in ports on the day of arrival and departure. PART II: ON SHIP REGISTRATION CHAPTER I: ON MARITIME DISTRICTS 1 ARTICLE 43: (Modified by Dahir of 18 August 1941 - 24 Rejeb 1360 and by Dahir No. 1-58-106 of 15
February 1961 - 29 Chaabane 1380).

The littoral of the Kingdom of Morocco is divided into nine maritime districts with chief towns and sub-districts as indicated below: 1. District of Nador: Chief town: Nador; Sub-districts: Sadia and Ras-Kebdana, extending from the mouth of Oued-Kiss to the mouth of Oued-Abduna; 2. District of Al Hoceima: Chief town: Al Hoceima: Sub-districts: Torres-de-Alcala and Jebha, extending from the mouth of Oued-Abduna to the mouth of Oued Lau; 3. District of Tangier: Chief town: Tangier: Sub-districts: Oued-Lau, Martil, M'diq, Fnideq and Al Ksar Sghir, extending from Oued-Lau to the southern limit of the Province of

These maritime districts have been replaced by the Regional Delegations of Maritime Affairs (DRAM). 27

Tangier, Asilah 2, extending from the southern limit of the Province of Tangier to the southern limit of the old zone of Spanish Protectorate; 4. District of Larache: Chief town: Larache 5. District of Knitra: Chief town: Knitra: Sub-district: Rabat, extending from the southern limit of the old zone of Spanish Protectorate to the mouth of Oued Nefifikh; 6. District of Casablanca: Chief town: Casablanca: Sub-districts: Mohammedia and El Jadida, extending from the mouth of Oued Nefifikh to Oualidia (included); 7. District of Safi: Chief town: Safi; Sub-district: Essaouira, extending from Oualidia (excluded) to the mouth of Oued At-Ameur; 8. District of Agadir: Chief town: Agadir, extending from the mouth of Oued At-Ameur to the mouth of Oued Dra; 9. District of Tarfaya: Chief town: Tarfaya, extending from the mouth of Oued Dra to the parallel 27 40' of northern latitude. ARTICLE 44: (Modified by Dahir of 18 August 1941 - 24 Rejeb 1360 and by Dahir No. 1-58-106 of 15
February 1961 - 29 Chaabane 1380).

A decree enacted upon the proposal of the Minister in charge of the Merchant Navy shall fix the codes of ports of registry for ships registered under the Moroccan flag. CHAPTER II: ON REGISTRATIONS AND HOME PORT REGISTER, ON SHIPS NAMES AND MARKS ARTICLE 45: Any ship admitted to fly the Moroccan flag shall, to obtain a crew register, be registered, at the owners choice, in the chief town of a maritime district or maritime subdistrict, which shall become the ships home port. ARTICLE 46: The navigation service of the port of each district or sub-district chief town shall hold a register which shows: the name of each ship provided with a nationality instrument, its character, its gross and net tonnages, the name of its owner, its place and date of construction, the changes of ownership it was subject to and finally the cause of its crossing-out, disappearance, destruction or sale notified by appropriate documents. It shall also hold a special register in which are registered, the same as above, ships provided with a simple registration authorization under the provisions of article 11 above. Similar registers shall be held at the General Directorate of Public Works. They shall reproduce the indications in the district and sub-district registers. ARTICLE 47: (Modified by Dahir of 24 September 1928 - 9 Rebia II 1347). Any ship fitted out for maritime forwarding must carry, at the poop, in fair color letters on a dark background, its name and home port. These letters must be at least 0.08m high by 0.02m wide on ships having a gross tonnage below 2000 tons, and at least 0.12m high and 0.03m wide on ships having a gross tonnage equal or above 2000 tons. Moreover, any merchant ship or yacht with a gross tonnage equal or above 25 tons must bear its name on the front of two tacks, in letters that meet the requirements stipulated in the preceding paragraph.
2

The sub-district of Asilah was initially attached to the district of Larache. However, the modification of the layout of the Province of Tangier required that this sub-district be attached to the maritime district of Tangier. 28

The external description of fishing vessels will, however, continue to be governed by the regulations of articles 3, 4 and 5 of Dahir of 25 March 1922 (25 Rejeb 1340) enacting regulations of the practice of fleet fishing. CHAPTER III ON CHANGES OF OWNERSHIP ARTICLE 48 The owner may have the home port of his ship changed by applying to the Director General of Public Works. If the ships nationality instrument and authorization are in due form, the Director General of Public Works will issue a favorable certificate and will inform the navigation service of the port concerned. This certificate will be sent in duplicate to the navigation service of the new port, which will keep a copy and return the other to the old port with an indication of the date and number of the new registration. ARTICLE 49 Any owner willing to change the name of his ship shall address a detailed application to the Director General of Public Works, who will have the application processed by the navigation service of the port concerned. The Director General of Public Works will decide whether it is appropriate to grant or refuse the change requested. If the change is authorized, a new nationality instrument and a new authorization shall be required. ARTICLE 50 Any sale of a ship or part of a ship carried out in the Kingdom of Morocco shall be made before the courts clerk in the jurisdiction where the sale takes place. In foreign countries, the sale shall take place before the Moroccan consular authority. The sale must, in all cases, be registered: 1 On the ships register in its home port by the navigation service of the port; 2 On the back of the nationality instrument by the Administration before which the sale took place. The sale shall only be opposable by third parties after the execution of any of these two formalities. The partial or total sale made to a Moroccan shall also involve the withdrawal of the ships papers. However, new papers shall be delivered without expenses, other than those of parchment and stamp, where the statement provided for in article 13 and the submission indicated in article 14 will have been renewed by the new owners. The provisions of this article are also applicable in case of exchange or change of ownership by death. ARTICLE 51 (Thus restored by Dahir of 18 May 1930 - 19 Hijja 1348). If, outside the territory of the Kingdom of Morocco, a Moroccan citizen or a Moroccan company shall become purchaser a foreign ship and that this ship is likely to become Moroccan, under the conditions provided for in article 3 above, a provisional authorization to sail under the Moroccan flag may, upon the purchasers statement, be delivered to him, in Morocco by the maritime registration service of the port, and in other countries by the Moroccan consular authority, on condition that the first port of destination of the ship is a port of the Kingdom of Morocco.

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Upon its arrival in the Kingdom of Morocco, the provisional authorization will be withdrawn and the owner shall, to obtaining his ships papers, comply with all the obligations prescribed by this Dahir. PART III: ON OPERATING SHIPS CHAPTER ONE: ON OCEAN TRADE, COASTAL TRAFFIC, INSHORE NAVIGATION AND FISHING
(Modified by Dahir of 6 July 1953 - 24 Chaoual 1372)

ARTICLE 52: (Modified by Dahir No. 1-58-106 of 15 February 1961 29 Chaabane 1380). Merchant navigation practiced by any Moroccan ship includes the categories below: - Ocean trade; - Near-sea traffic; - Coastal traffic; - Inshore navigation; - Deep-sea fishing; - High-sea fishing; and - Offshore fishing. Ocean trade navigation is that which is practiced beyond the limits of near-sea traffic, as fixed in the following subparagraph. Near-sea traffic includes the navigation of the ports of Morocco with the ports of Europe, the ports of the Mediterranean and the ports of the Western coast of Africa down to Ecuador. Coastal traffic includes navigation practiced between the ports located between the AlgeroMoroccan border and the southern border of Morocco. Vessels fitted out for coastal traffic may, moreover, if the commanding officer has received the required authorization, exceptionally go to the ports of the Iberian Peninsula and the ports of the African coast comprised within the limits of near-sea traffic. Inshore navigation includes navigation from a Moroccan port to another Moroccan port, carried out by ships measuring no more than two hundred and fifty tons, not moving away for more than twenty miles of the coasts and making usual crossings not exceeding one hundred miles from the home port. May also be fitted out for inshore navigation vessels of any tonnage which usually do not leave ports and roads. Deep-sea fishing is that which is usually practiced at a distance exceeding one hundred thousand nautical miles from the coasts. High-sea fishing is that which is usually practiced by ships measuring more than twenty five tons and not moving away at a distance exceeding one hundred miles from the coasts. Offshore fishing is that which is usually practiced at a distance below thirty miles from the coasts by ships of a gross tonnage lower or equal to fifty tons.

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CHAPTER II: (Heading modified by Dahir No. 1.58.106 of 15 February 1961 - 29 Chaabane 1380) ON THE CERTIFICATES REQUIRED AND OTHER REQUIREMENTS FOR COMMANDING AND HOLDING THE POSITION OF DECK OFFICER AND ENGINEER OFFICER ONBOARD MERCHANT AND FISHING SHIPS. ARTICLE 53: (Modified by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane1380). Diplomas required for commanding or holding the position of deck officer of merchant or fishing ships are as follows: a. Deck Competency Certificates: - Ocean Trade Master's Certificate; - Merchant Navy 2nd Class Master's Certificate; - Merchant Navy 3rd Class Master's Certificate; - Merchant Navy Skippers Certificate; - Ocean Trade Lieutenants Certificate; - Merchant Navy 2nd Class Lieutenants Certificate; - Ocean Trade Cadets Certificate; - Merchant Navy 2nd Class Cadets Certificate. b. Fishing Certificates: - Fishing Master's Certificate; - Fishing Skippers Certificate; - Inshore Fishing Skippers Certificate; - Fishing Skippers Licence. c. Engine Certificates: - Merchant Navy 1st Class Engineer Officer Certificate; - Merchant Navy 2nd Class Engineer Officer Certificate; - Merchant Navy 3rd Class Engineer Officer Certificate; - Merchant Navy 2nd Class Engineer Lieutenant Certificate; - Merchant Navy 1st Class Engineer Cadets Certificate; - Merchant Navy 2nd Class Engineer Cadets Certificate; - Practical Engineers Certificate; - Marine Engine Driving Licence. The crew register will be refused or withdrawn from any ship whose commanding officer or officers do not have the diplomas required to hold their positions. ARTICLE 53 (a): (Abrogated by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane 1380). ARTICLE 53 (b): (Abrogated by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane 1380). ARTICLE 53 (c): (Abrogated by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane 1380). ARTICLE 54: (Modified by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane 1380). The requirements to command and hold the positions of deck officer and engineer officer aboard merchant navy and fishing ships shall be fixed by a decree enacted upon a proposal of
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the Minister in charge of the Merchant Navy or of the authority delegated by him for this purpose. ARTICLE 55: (Modified by Dahir No. 1-58-106 of 15 February 1961 - 29 Chaabane 1380). The terms and conditions of delivery of the diplomas aimed at in article 53 above shall be fixed by a decree of the Minister in charge of the Merchant Navy or of the authority delegated by him for this purpose. ARTICLE 56: A prohibition to command or hold the position of officer on board a ship flying the Moroccan flag may be pronounced, on a temporary or final basis, by ministerial decree enacted upon the proposal of the Director of Trade and Merchant Navy, with regards any Master or officer of a Moroccan ship, found responsible by a commission of inquiry, for a disaster to his vessel. This Commission shall be appointed by ministerial decree, also enacted upon the proposal of the Director of Trade and Merchant Navy. The Commission shall have the power to enquire about the causes of any disaster, shipwreck, failure, etc, and to examine, by all the means available to it, whether the disaster can be allotted to a guilty intention, negligence, competence failure, or any other cause. The inquiry file shall be transmitted, with the Commissions supported opinion to the Director of Trade and Merchant Navy, who shall decide whether it is necessary to refer the matter to the Department of the Public Prosecutor, in the event the loss of the ship is accompanied by deaths or casualties. CHAPTER III: ON REGULATIONS TO WARN COLLISIONS 3 ARTICLE 57: (Abrogated and replaced by the Royal Decree Act No. 441-65 of 11 December 1965 - 17
Chaabane 1385).

Rules to prevent collisions at sea, which ships and seaplanes sailing under the Moroccan flag are subject to, shall be determined by a joint decree between the Minister of National Defence and the Minister in charge of the Merchant Navy. PART IV: ON THE REPRESSION OF INFRINGEMENTS CHAPTER ONE: COMPETENCE AND PROCEDURE ARTICLE 58: (Modified by Dahir of 26 July 1922). Infringements to the provisions of this Dahir shall be stated in Morocco by the agents of the General Directorate of Public Works, Customs agents, any judiciary police officer, any sworn agent of the Moroccan Administration, any soldier of the Gendarmerie, any policeman, the maritime administration, and abroad by the consuls of Morocco. The minutes stating the infringements shall be transmitted to the Minister in charge of the Merchant Navy who will forward them to courts, which are alone qualified to hear and determine the aforesaid infringements.

The rules of collision prevention at sea are determined by the Convention on International Regulations to Prevent Collisions at sea, agreed in London on 20 October 1972. 32

ARTICLE 59: The net fifth of fines inflicted for infringement to this Dahir shall be allotted to the agent author of the minutes within the limit of 25 Francs for the whole convictions by the same judgement. CHAPTER II: INFRINGEMENTS AND PENALTIES ARTICLE 60: Shall be liable for a fine of 50 Francs any ships commanding officer or owner who will have removed or let remove a ships gauge figures or any marks intended to facilitate the checking of such gauge. This fine could be doubled in the event of repetition, i.e. if, during the twelve months preceding the infringement, the delinquent would already have been condemned under this Dahir. ARTICLE 61: Shall be punished with a fine from 50 to 3,000 Francs and imprisonment from six days to one year, or with only one of these two sentences: 1. Any owner who will have sold, lent or made gift of his ships nationality instrument, if this ship measures more than 20 tons, or else who will have made use of a nationality instrument for a ship other than that which it concerns; 2. Any person who lends his name for the execution of a fraudulent nationality instrument, who contributes to this fraud in any manner whatsoever or who commands, with full knowledge of the facts, a boat unduly fitted out under the Moroccan flag. In this case, as in the case provided for in the preceding paragraph, the Master will be declared unable to command any other boat; 3. Any person who, knowing about a fraud disposes of an ingoing cargo or provides an outgoing cargo; 4. Anyone who, after the delivery of the nationality instrument, will have modified his boat in terms of form, tonnage or in any other manner whatsoever; 5. Any person who will have committed any fault in violation of the regulations enacted by article 26 of this Dahir, with relation to the authorization; 6. Any owner of any boat sailing with a crew register which is incomplete, false or pertaining to another boat, as well as any person having supported such fraud. ARTICLE 62: Shall be punished with a fine from 25 to 100 Francs any Master who will have made false statements concerning the number of passengers or sailors embarked on board his ship. This fine will apply as many times as false statements made in terms of name or number, and may even cumulate with the fines provided for in the preceding article. ARTICLE 63 (a): Shall be punished with a fine from 50 to 200 Francs: 1. Any commanding officer who, for any cause whatsoever, will have, on the requisition thereof, failed to produce or refused to produce his ships papers or crew register to Customs agents, judiciary police officers and any other agent or civil servant qualified to require and control the same.

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Shall moreover be punished with a fine of 10 Dirhams per day of delay a commanding officer who, within twenty-four hours from his arrival in a port, if this formality is required, will not have given his ships papers to the authorities specified above; 2. Any commanding officer who, without a Moroccan nationality instrument and without authorization, will have hoisted the Moroccan flag on the vessel he commands. ARTICLE 63 (b): (Added by Dahir of 29 June 1929 - 21 Moharrem 1348). Shall be punished with a fine from 100 to 500 Francs, in the case of a boat of less than 100 gross tons, and from 500 and to 5,000 Francs, in the case of a boat of gross tonnage equal to or exceeding 100 tons, any ship-owner: a. who makes a ship sail without it being provided with a navigation permit; b. who continues to make a ship sail, whose navigation permit has been suspended, refused or withdrawn by the authority in charge of the maritime navigation police; c. who continues to make a ship sail with an out-dated navigation permit, whereas the forfeiture of the permit did not occur in transit. A commanding officer who commits, personally or in agreement with the ship-owner, any of the infringements above-mentioned, shall be liable to the same penalties. ARTICLE 64: (Modified by Dahir of 24 September 1928 - 9 Rebia II 1347). Shall be punished with a fine from 25 to 1,000 Francs any owner or commanding officer who will not have complied with the regulations of article 47 above relating to the external marks of a ships identity, or who will have erased, covered or masked the aforementioned marks. Shall be punished with the same sentences any ship-owner who will have violated the provisions relative to the change of his vessels name. ARTICLE 65: Shall be punished with a fine from 100 to 500 Francs any infringement to the regulations which govern the sale of ships, their acquisition outside the Kingdom of Morocco and the changes relating to their home port. ARTICLE 66: In any case, article 463 of the French Penal Code shall be applicable to infringements provided for and repressed by this Dahir. BOOK II: ON SHIPS PART ONE: OF THE LEGAL STATUS OF SHIPS CHAPTER ONE: ON THE NATURE AND PROPERTY OF SHIPS ARTICLE 67: Sea-going ships are movable property governed by the rules of common law, subject to the special rules enumerated hereafter. ARTICLE 68: Shall be regarded as belonging to a ship all accessories necessary for its operation.

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ARTICLE 69: Anyone who builds a ship on behalf of another person shall remain the owner thereof until delivery, except agreement to the contrary. Nevertheless, if the manufacturer goes bankrupt or is declared in a state of legal liquidation, and if the bankruptcy or compulsory liquidation does not finish construction, the person on behalf of whom construction is in hand shall have the right to get the ship and the supplied materials allotted to him, against the payment of the price estimate, after deduction of the instalments paid; he may then finish the ship on the spot, at his own expenses, except allowance for the occupation of the building sites. ARTICLE 70: The sale of a ship can be voluntary or forced. ARTICLE 71: Voluntary sale shall be made in writing and may be carried out by an official document or by a private agreement; it may be made for the whole ship or for a portion thereof, the ship being in port or on a journey. ARTICLE 72: The sale may only be opposed by the parties themselves, inasmuch as the sale is registered on the register intended to state ship property and is mentioned, if the purchaser is French, on the nationality instrument. ARTICLE 73: If the sale takes place abroad, it shall be made in writing, under private agreement or by notarial deed, before the Moroccan consul or a public officer of the country. Where the sale of the ship involves a transfer under the Moroccan flag, the delivery of the provisional or final nationality instrument shall stand for the mention prescribed in article 72. Where the ship subject to sale happens to be in a foreign port or in a Moroccan port other than its port of registration, a mere mention of the sale on the registration book shall be enough to produce the effect of final registration, until the ships return to its port of registration. This mention shall be carried out in this port upon the notice of sale of the ship given to the appropriate service by the consul of the port where the ship happens to be, if the sale takes place abroad. If the sale takes place abroad, the mention shall be registered in the port of registration, upon communication of the sale contract made to the appropriate service by the parties concerned. In this case, the appropriate service shall give notice to the consul of the port where the ship happens to be, and the consul shall make the prescribed mention on the nationality instrument. ARTICLE 74: In all that relates to the common interest of joint ship-owners, the opinion of the majority shall be followed. The majority shall be determined by an interest portion in the ship exceeding half of its value. The sale by auction of a ship may only be granted upon the request of owners forming together half of the total interest in the ship and if there is no agreement, in writing, to the contrary (Dahir of 26 July 1922). Decisions contrary to the clauses of the fitting-out contract, or foreign to the goal of fittingout, shall only be valid inasmuch as they are taken with unanimous vote of the joint owners.

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ARTICLE 75: Each owner may sell his share without an authorization from the other owners. However, the sale of a share of joint ownership in a ship, following which the ship would lose the right to fly the Moroccan flag, may only take place with the consent of all joint owners. ARTICLE 76: If a laid-off commanding officer is joint owner of a ship, he may give up joint ownership and require the refunding of the capital which represents such ownership. The amount of the capital shall be determined by experts appointed by court. However, if within one month from the notification of dismissal the commanding officer has not made his decision known, the ship-owners may give him formal notice to make his decision within one month. CHAPTER II: ON MARITIME LIENS AND MORTGAGES ARTICLE 77: Below are the only instances having a privilege over the ship in the following order: a. Legal fees for the preservation of the ship, or to conclude its sale or distribute its price, wharf dues and toll taxes payable by the ship; b. Accounts receivable resulting from the agreement to hire the services of the commanding officer, the crew and other people embarked onboard the ship, for a twelve-month duration maximum; c. (Modified by Dahir of 18 May 1934 - 4 Safar 1353). Expenses of piloting, towing, guarding and maintaining the ship and its tackles, inasmuch as these expenses have been incurred to ensure the ships entry in the port where it is sold; expenses automatically undertaken by the Administration to move ships whose presence would constitute an obstruct or a danger to other ships or to the smooth operation of the port. d. Accounts receivable for rescue and assistance; accounts receivable arising from agreements entered into or operations carried out by the commanding officer in the event of need out of the home port, for the real needs of the ship; e. The amount of insurance premium made on the ships body, skittles, tackles, as well as on its fitting-out and equipment, due for the last voyage ensured, where insurance is made for the voyage, or for the last period ensured where insurance is taken out in time, but up to a maximum of one year of premium, in both cases. The accounts receivable cited in paragraph (d) shall come in the opposite direction of the date order where they arise. ARTICLE 78: All marine liens shall be subject to the following general causes of extinguishment: a. Extinguishment of the principal obligation; b. Renunciation of the creditor; c. The sale of the ship by judicial process; d. Amicable sale of the ship, under the following conditions: - That the change of ownership be accomplished;
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- That notice of this change of ownership be published in the Moroccan Official Gazette, with an indication of the name and residence of the purchaser; - That no opposition is notified by the creditor during the month of publication. The creditors right of refusal shall remain over the selling price, either by judicial or amicable process, as long as the price is not distributed or paid. ARTICLE 79: The marine liens, moreover, shall be subject to the special causes of extinguishment stated below: a. (Modified by Dahir of 18 May 1934 - 4 Safar 1353). The liens of legal fees, wharf dues and toll taxes, piloting, towing, guarding and maintaining expenses, as well as the expenditure engaged by the Administration under the conditions indicated at paragraph (c) of article 77 above, shall extinguish by the ships departure from the port where the credit was born. b. The liens of accounts receivable for the commanding officer, the crew and other people in the service of the ship shall extinguish with the expiry of a four-month time limit as from the date on which the debt is due; c. The lien of accounts receivable for assistance and rescue shall extinct with the expiry of a four-month time limit as from the completion of the rescue or assistance operation; d. The lien of accounts receivable arising from agreements entered into or operations carried out by the commanding officer outside the home port, for ships needs, shall extinct with the expiry of a four-month time limit as from the implementation of the agreement or the delivery of the services; e. The lien of accounts receivable for hull insurers shall extinct with the expiry of a one-year time limit as from the expiry of premiums. ARTICLE 80: Marine liens shall include the ship or its remains, with the exclusion of freight, premiums and State subsidies, liability and insurance allowances. ARTICLE 81: Preferential creditors shall have the option to register their lien in order to be notified about setting the ship on sale under the conditions provided for in article 116 of this Law. This registration shall be without influence on the liens rank. It shall be operated on the special register provided for in article 90. ARTICLE 82: Ships of two gross tons and above are liable to mortgages; they can only be mortgaged by common agreement of the parties. ARTICLE 83: The agreement by which maritime mortgage is granted shall be in writing; it may be made by private agreement. ARTICLE 84: Mortgage on the ship may only be granted by the owner or its agent, who shall provide evidence of a special power-of-attorney. ARTICLE 85: If the ship has several owners, it may be mortgaged by the managing shipowner for fitting-out or navigation needs, with the authorization of the majority, as defined in article 74 of this Law.

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ARTICLE 86: If the vessel is chartered with the consent of the owners, and one of them refuses to contribute to the expenses necessary of forwarding, the commanding officer may, twenty-four hours after notice addressed to the refusing party to provide his quota, borrow by mortgage on behalf of said refusing party, on his share in the ship, with a court authorization. If the share is already mortgaged, seizure may be authorized by the court, and the sale carried out before the court, as stated above. ARTICLE 87: The mortgage granted over the ship or over a share of property in the ship, shall extend, unless agreed otherwise, to the ship or its remains. ARTICLE 88: The mortgage shall extend neither to freight, nor to premiums and State subsidies, nor to liability and insurance allowances. However, the articles of incorporation may, by express delegation, allot the insurance allowances to the mortgage holding creditors. This delegation shall only be opposable to insurers if they have accepted it or if it was notified to them. ARTICLE 89: Maritime mortgage may be made on a ship under construction. ARTICLE 90: A mortgage shall be made public by registration in a special register, held by the appropriate service of the district in which the ship is under construction, or in which the ship is registered, if it is already provided with a Moroccan nationality instrument. ARTICLE 91: Any owner of a ship built in the Kingdom of Morocco, which requests to be admitted to have the right to fly the Moroccan flag, shall include with the necessary documents for this purpose a statement of the registrations made on the ship under construction or a certificate stating that there is none. ARTICLE 92: To operate registration, the appropriate service shall be provided with one of the original copies of the mortgage instrument (which shall be kept by said service if it is a private agreement or received as a patent) or a notarial copy if the mortgage is drawn up in minutes. Two cover sheets shall be annexed thereto, both signed by the applicant, one of which may be drawn up on the current title. The cover sheets shall include: 1. The full names, residence and occupation, if any, of the creditor and the debtor,; 2. The date and nature of the title; 3. The amount of accounts receivable; 4. Agreements relating to interests and refunding; 5. The name and description of the mortgaged ship, the date of the nationality instrument or the declaration of setting under construction; 6. Election of domicile by the creditor in the place of residence of the appropriate public service agent. ARTICLE 93: The appropriate public service agent shall mention in his register the contents of the cover sheets and shall give to the applicant a copy of the title, it is authentic, and one of the cover sheets, at the bottom of which he shall certify to have made the registration.
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Each time registrations are made or renewed, a copy of the cover sheet signed by the applicant shall be addressed by the appropriate public service agent to the head office of the directorate which his office is affiliated with. In the event of a change of domicile, change of ownership, subrogation, annulment, seizure, etc, an extract of requisitions or the minutes relating thereto shall also be addressed to the directorate of the appropriate service. These copies or extracts, together with a certified copy of the nationality instrument, shall be certified by the appropriate agent, who shall include therein, depending on the case, indications relating to the number of registrations, subrogations and annulments. These documents shall be kept for ten years to be used for the reconstitution of the mortgage files, in the event registers suffer destruction. ARTICLE 94: Should there be two or several mortgages on the same ship or the same share of property of the ship, ranking shall be determined by priority of the dates of registration. Mortgages registered on the same day shall be subject to competition, notwithstanding the difference of hours of registration. ARTICLE 95: Registration shall preserve the mortgage for five years, as from the day of its date: its effect shall cease if registration is not renewed before the expiry of this time limit. ARTICLE 96: If the mortgage title deed is to order, its negotiation by way endorsement will include the transfer of the mortgage right. ARTICLE 97: Registration guarantees, at the same rank as capital, two years of interests in addition to the current year. ARTICLE 98: Registrations shall be crossed out, either by consent of the parties concerned duly entitled for this purpose, or by virtue of a judgement without appeal or delivered as a final judgement. ARTICLE 99: In default of a judgement, total or partial annulment shall be operated upon the provision of an authentic instrument or under private agreement containing the consent of creditors to annulment. If the annulment deed is under private agreement, it shall be drawn up in two originals, one of which will be exempted from the excise stamp, and total or partial annulment shall only be operated upon the presentation of the mortgage title deed or the cover sheet provided for in article 93, accompanied by its related registration. If the mortgage title deed is under private agreement or, if authentic, it was received as a patent, it shall be communicated to the appropriate civil servant, who shall forthwith mention the total or partial annulment thereof. ARTICLE 100: The appropriate agent shall deliver any person who requires it a state of registrations remaining on the ship, or a certificate that there is none.

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ARTICLE 101: Creditors having a mortgage registered on a ship or portion of a ship shall follow it in whatever hands it may pass, in order to be convened and paid according to the order of their registrations. If the mortgage only encumbers a portion of the ship, a creditor may only seize and have sold the portion which is allocated to him. However, if more than half of the ship happens to be mortgaged, a creditor may, after seizure, have it sold in whole, provided that joint owners are convened to the sale. In all cases of joint ownership, mortgages granted during joint possession by one or more joint owners on a portion of the ship shall remain after division or sale by auction. However, if the sale by auction is made by judicial order, in the forms determined by articles 117 and following of this Law, the right of creditors having a mortgage on a portion of the ship only, shall be limited to the preferential right on the part of the price related to the mortgaged interest. ARTICLE 102: A purchaser of a ship or a portion of a mortgaged ship who wishes to avail himself of the suits authorized by the preceding article shall, prior to initiating such suits or within a fifteen-day notice, notify all the creditors entered in the register of the port of registration, at the domicile elected in their registrations: a. An extract of his title, indicating only the date and nature of the deed, the name of the vendor, the name of the ships species and tonnage, the price and charges involved; b. A three-column table, the first column showing the date of registrations, the second the name of the creditors, the third the amount of the registered amounts receivable. ARTICLE 103: The purchaser shall declare, by the same deed, that he is ready to discharge at once the mortgage debts, up to the amount of its price, without distinction between payable and non payable debts. ARTICLE 104: Any creditor may require that the ship or portion of ship be put to auction, offering to carry the price to one tenth extra and to give a guarantee for the payment of the price and the charges. ARTICLE 105: This requisition, signed by the creditor, must be notified to the purchaser within a ten-day notice. It shall include a writ of summons before the civil court of the place where the ship happens to be, or, if it is in the course of a voyage, of the place where it is registered, to see to obtaining an order that the required auction will be carried out. ARTICLE 106: The auction shall take place at the diligence of either the creditor who required the same, or of the purchaser in the forms provided for in articles 115 and following. ARTICLE 107: The voluntary sale to a foreigner of a ship encumbered with a mortgage is prohibited, either in Morocco or abroad. Any act made in violation of this provision shall be null. In the event of fraud, the vendor will be liable to the sentences set forth by article 408 of the French Penal Code. Article 463 of the same Code may also be applied.

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Mortgages granted abroad, as well as those granted in the Kingdom of Morocco, shall only be effective with regards third parties starting from the day of their entry in the register of the port of registration of the ship. Nevertheless, mortgages granted on a ship bought abroad shall be valid before its registration in Morocco, provided that they are registered by the consul on the provisional authorization of navigation. These registrations shall take effect according to their dates. They shall be reproduced in the register of the appropriate public service of the place where the ship is registered. Such reproduction shall be made at the requisition of the creditor, who must produce in support the cover sheet provided for in article 92 of this Law. The text of the provisions of this article must be reproduced on the nationality instrument. ARTICLE 108: Creditors holding a mortgage on the ship shall come in their order of registration, after the preferential creditors. ARTICLE 109 (a): The rate of conventional interest as regards mortgage loans on a ship shall be free. ARTICLE 109 (b): (Dahir of 4 May 1920 - 14 Chaabane 1338). The liability for the Administration to which the appropriate agents in matters of maritime mortgage report shall not apply to attributions conferred on such agents by the preceding articles. The rate of fees to be collected by the agents in charge of preserving of maritime mortgages, as well as the guarantee to be imposed to such mortgages at a rate commensurate with the acts which the application of the provisions of this chapter will give rise to, shall be determined by decrees of the Prime Minister. CHAPTER III: ON SEIZURE AND SALE OF SHIPS SECTION ONE: INTERMI ATTACHMENT ARTICLE 110: The interim attachment of a ship may be carried out at any time, by virtue of either an enforceable title, or an authorization issued by a competent judge; however, this seizure must be immediately taken off, if a good and sufficient guarantee is provided. The authorization of the judge may be subject to the condition that a guarantee will be provided by the applicant. The defendant may refer to the judge to obtain, if necessary, the lifting of the seizure authorized by the judge. SECTION II: ON ATTACHMENT AND SALE ARTICLE 111: The attachment of a vessel cannot take place from the moment the commanding officer is provided with the departure authorization until the end of the dispatch.

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ARTICLE 112: Seizure may only be carried out twenty-four hours after the order to pay is issued. ARTICLE 113: The order must be issued to the owner in person or to his domicile. However it may be made to the ships commanding officer, if the creditor avails himself of a maritime lien. ARTICLE 114: The enforcement agent shall state in the minutes of seizure the name, occupation and place of residence of the creditor on behalf of whom he is acting; the title by virtue of which he proceeds; the amount which he seeks to get paid; domicile election made by the creditor in the place where the seat of the court before which the sale must be carried out and in the place where the seized ship is moored; the name of the owner and the commanding officer; the name, species, tonnage and nationality of the vessel. He shall make an enumeration and description of launches, boats, tackles, utensils, weapons, ammunition and provisions. He shall also assign a guard. ARTICLE 115: The distrainer shall, within three days, provide the owner with a copy of the minutes and get him summoned before the court of the place of seizure, to make him hear the decision to proceed with the sale of the seized items. If the owner is not domiciled in the jurisdiction of the court, notices and summons shall be made to him in the person of the commanding officer of the seized vessel or, in case of absence, in the person of whoever represents the owner or the commanding officer, within fifteen days. If he is domiciled outside the Kingdom of Morocco, and is not represented, notices and summons shall be made as prescribed in articles 55 and following of Dahir on civil procedure. ARTICLE 116: The minutes of seizure shall be transcribed within eight days at the office of registration of the ship or at the office in whose jurisdiction the ship is under construction. Within three days from transcription (bank holidays not included), the authority appointed at the offices stated above, shall deliver a statement of registrations and, within eight days from such delivery, the distrainer shall notify to the registered creditors, at the domiciles elected in their registrations, the writ of summons provided for in the preceding article. To intervene, creditors shall, if they deem it fit, have a fifteen-day time limit. ARTICLE 117: The sale shall be ordered by the court of the place of seizure. ARTICLE 118: The court shall fix the upset price and the conditions of sale. If on the day assigned for sale no offer is made, the court shall fix a new upset price, lower than the first, as well as the day on which auction will take place.

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ARTICLE 119: Seizure sale shall be made before the secretary-registrar, within fifteen days from the affixation of a poster and the publication in one of the newspapers designed to receive legal advertisements in the courts jurisdiction. ARTICLE 120: The advertisement and the poster shall indicate: - The name, occupation and domicile of the prosecutor; - Titles by virtue of which he acts; the amounts due to him; - Election of domicile made by him in the place where the civil court is held and in the place where the seized ship is moored; - The name, first names, occupation and domicile of the seized ships owner; - The ships characteristics entered in the certificate of registration; - Commanding officers name; - The place where the ship is; - The upset price and the conditions of sale; - The day, place and hour of adjudication. ARTICLE 121: Outbidding shall not be allowed. The successful bidder shall pay his price, free from expenses, to the secretary-registrar, within twenty-four hours from adjudication, subject to false bidding. SECTION III: ON THE DISTRIBUTION OF MONEY ARTICLE 122: The distribution of money shall be made in accordance with the provisions of articles 357 to 362 of Dahir on civil procedure. However, the time limits shown in said articles shall be reduced by half and shall not be increased because of distance. ARTICLE 123: The magistrate who will have signed the distribution cover sheets provided for in article 363 of Dahir on civil procedure will authorize by special ordinance the annulment by the authority appointed at the office of registration of the entries of receivable accounts which are not admitted or which do not come under appropriate order. Such annulment will be carried out on the request of any party concerned. PART II: ON OWNERS ARTICLE 124: (Subparagraph 1 modified by Dahir of 26 April 1948 - 16 Joumada II 1367). The ship-owner shall be personally liable, but only up to the amount of the value of the ship and its accessories, as determined below, and, at maximum, at a rate of 13,800 Francs 4 per register ton, for obligations deriving from acts fulfilled and agreements entered into by the commanding officer in exercising his legal capacities, as well as for acts and faults of the commanding officer, the crew, the pilot and any other person in the service of the ship. The same goes for the obligation to remove the wreck of a sunken ship or repair the damage caused by the ship to the works of ports, docks and inland waterways.
(Modified by Dahir of 26 November 1926 - 21 Joumada I 1345).

Currently corresponding to 138 Dirhams per ton. 43

The owner of a vessel which stranded or sank in territorial waters in such conditions as to constitute an obstacle or danger to navigation shall undertake its removal. If he does not comply with the injunctions addressed to him in this respect by the Administration, the Administration shall have the capacity to replace him in order to carry out such removal. As long as its injunctions have not been complied with, the Administration may oppose that the owner takes advantage of his rights on the ship, except for the owner to cause the appointment of a representative guard. If the event the sunken or stranded vessel does not constitute an obstacle or danger for navigation, the Administration may address to the owner formal notice to proceed with the removal thereof. If, within two years from this formal notice removal has not taken place, or if the removal operations are stopped for more than two years, the Administration may take such measures as it deems appropriate to ensure the operation of the vessel. The net profit, if any, shall be deposited in the treasury cash decks, where it shall remain at the disposal of rightful claimants for a period of five years, at the expiry of which the sum deposited, if it is not claimed, shall become the property of the State. ARTICLE 125: Accessories provided for in article 124 shall include: 1. under deduction of one third, the freight and price of passage relating to goods and passengers on board at the time when liability is determined; 2. without any deduction, the amounts acquired since departure from the last port, as compensation of damage or assistance or rescue allowance. They do not include the allowances paid or which are due under insurance contracts, nor premiums, subsidies or other national grants. ARTICLE 126: (Modified by Dahir of 26 April 1948 - 16 Joumada II 1367). In the event of death or body lesions caused by the acts or faults of the commanding officer, the crew, the pilot or any other person in the service of the ship, the ship-owner shall be liable, with regards the victims or their rightful claimants, beyond the limit fixed by article 124, up to the amount of 12,000 Francs 5 per register ton of the ship. ARTICLE 127: The scope of liability shall be determined upon ships arrival to the first port where it touches after the fact which gave rise to such liability, except the case of accidental end. In the event of an accidental end prior to arrival in the first port, it shall be determined at the date of such event. An accidental end occurs when the ship perishes, is declared unseaworthy, or declared lost as a result of lack of news. The ship shall be declared lost as a result of lack of news when four months have elapsed since the date when the last news were received for any steamer, six months for any sailing

Currently corresponding to 120 Dirhams per ton. 44

ships other than those crossing Cape Horn or the Cape of Good Hope, and eight month for the latter. ARTICLE 128: A owner who is at the same time commanding officer of the ship may limit his liability under the preceding provisions, the case of fraud excepted. ARTICLE 129: An operator who is not owner of the ship shall be jointly liable with the owner, within the same limits as the latter. ARTICLE 130: (Modified by Dahir of 26 April 1948 - 16 Joumada II 1367). The tonnage set forth in articles 124 and 126 shall be calculated on the gross tonnage of ships, whatever their propulsion mode. ARTICLE 131: The owner shall appoint and dismiss the commanding officer. The dismissal of the commanding officer may give rise to an allowance for the profit of the latter. ARTICLE 132: If the dismissed commanding officer is joint owner of the ship, he may give up joint ownership and require the refunding of capital, whose amount shall be determined by friendly or judicial experts. This right of renunciation may no longer be exercised by him after thirty days from the arraignment addressed to him by the joint owners. If he uses such right within the aforementioned time limit, his joint owners shall refund him his share of joint ownership within thirty days from the valuation fixing the amount thereof. ARTICLE 133: (Abrogated by Dahir of 26 July 1922). ARTICLE 134: (Abrogated by Dahir of 26 July 1922). ARTICLE 135: Each joint owner shall only be liable in proportion to his share for obligations which involve personal liabilities. Moreover, he may always get released from obligations resulting for him from an act of management to which he refused to adhere, by abandoning his share of joint ownership in the ship. This share is then distributed among the other joint owners, proportionally to their respective interests in the ship. ARTICLE 136: Joint ownership shall not cease by the death, bankruptcy, failure or prohibition of one of the joint owners. ARTICLE 137: The managing owner named by the joint owners of the ship may not, without special power from the joint owners, sell or mortgage the ship; but his general powers include the ability to have it ensured. ARTICLE 138: The managing owner shall represent the owners of the ship before courts for all that relates to fitting-out and forwarding.

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ARTICLE 139: If the owners of the ship have restricted, by special instructions, the powers of the managing owner, such restriction shall not be opposable by third parties who entered in good faith into an agreement with the managing owner. PART III: ON THE COMMANDING OFFICER ARTICLE 140: Any commanding officer, Master or owner, in charge of driving a ship or another vessel, shall be responsible for his faults, even light ones, in fulfilling his duties. ARTICLE 141: The commanding officer shall represent the goods which he undertook to carry. He shall give acknowledgment of such undertaking by the bill of lading. ARTICLE 142: The commanding officer makes up the ships crew, chooses and hires sailors or other members of the crew and enters into agreements necessary for forwarding. However, he cannot proceed with these various operations without the approval of the ship-owner, when the latter is on the spot or is represented therein by a duly authorized attorney. ARTICLE 143: On all ships other than pleasure yachts, a log book must be held, under the care of the commanding officer, rated and initialled by the Justice of the Peace or, in default, by the head of municipal services. The log book must contain an exact indication of all events which occurred and all decisions taken during the voyage; a statement of receipts and expenditure concerning the ship; the daily observations with relation to the weather and sea conditions, as well as an account of the infringements committed by the personnel of the ship, the inflicted disciplinary measures and, finally, of births or deaths occurring on board. On steamers and mechanical engine ships, a log independent from the log book must be held, mentioning the quantity of coal taken at the outset, the daily consumption thereof, as well as anything relating to the running and operation of the machine. ARTICLE 144: The commanding officer shall have on board the ships nationalization instrument, the articles, the manifest, inspection certificates and customs receipts of payment or bond notes. ARTICLE 145: The commanding officer shall be in person on board his ship, on entry and exit of ports, harbours or rivers. ARTICLE 146: In the event of infringement to the obligations imposed by the three preceding articles, the commanding officer shall be responsible for all events regarding third parties interested in the ship and the loading. ARTICLE 147: The commanding officer shall be responsible for all damage and losses to goods loaded on the ships deck, unless the shipper, by a special mention approved and signed by him on the bill of lading, has expressly authorized this loading method. Shall be regarded as loaded on the deck all goods which are not loaded in the ships holds.

46

This provision is not applicable to navigations having as a starting point or terminal a Moroccan port, and not moving the ship away for more than 400 marine miles of any Moroccan port or road. ARTICLE 148: The commanding officers responsibility shall cease in cases of force majeure, the proof of which shall lie with the commanding officer. ARTICLE 149: (Abrogated by Dahir of 26 July 1922). ARTICLE 150: In the event of urgent needs during the voyage, the commanding officer may, in Morocco and in France, with court authorization, make a borrowing on the body of the ship and on the freight and, in case insufficiency, on the cargo. He may also, but only it he could find a way to borrow, sell, under the same authorization, the goods up to the amount deemed necessary. The ship-owner or the commanding officer who represents him shall take into account, for the benefit of the owners of the goods sold, the value thereof according to the rates or estimates of goods of comparable nature and quality in the place of their destination and at the ships time of arrival. The shippers or rightful claimants may oppose the pledging or sale of their goods and require the unloading thereof, on condition of paying the entire freight. ARTICLE 151: Apart from the case of unseaworthiness legally stated, the commanding officer may not, subject to nullity of the sale, sell the ship without a special power from the owner. ARTICLE 152: A commanding officer, who sails on common profit on the loading, may not, except otherwise agreed, make any traffic or trade for his private account. In the event of infringement to this provision, he will be deprived of his share in the common profit, without prejudice to the payment of damages, if necessary. ARTICLE 153: The commanding officer may not abandon his ship during the voyage, for any danger whatsoever, without the opinion of the officers on board, and, in this case, he shall save with him money, the ships papers and what he can of the most invaluable goods of the loading, subject to being personally accountable therefore. If the objects thus withdrawn from the ship are lost by some fortuitous occurrence, the commanding officer shall be discharged therefrom. ARTICLE 154: The commanding officer shall, on his arrival in the port of destination or his entry in a port of distress, and within twenty-four hours at the latest, have the log book signed and, in case of exceptional occurrences relating to the ship, the cargo or the crew, submit a sea report stating the time and place of his departure, the route that he followed, the accidents which the ship suffered and all remarkable circumstances of the voyage.

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ARTICLE 155: The visa of the log book shall be required from and the sea report submitted to secretary-registrar of the court of peace, and if none exists in the stopover port, the municipal authority. Abroad, these formalities shall be undertaken before the consular authority or, in default, before the local magistrate. ARTICLE 156: A commanding officer who suffers a shipwreck shall appear as soon as possible before the Justice of the Peace or the municipal authority of the relevant location, and to have his log book, which shall be affirmed by the survivors of the crew. ARTICLE 157: To check the commanding officers sea report, the appropriate authority shall receive the depositions of the members of the crew and, if possible, those of passengers, without prejudice to any other evidence. Unchecked reports shall not be admitted for the discharge of the commanding officer and shall not have probative force before courts, except in the case where the shipwrecked commanding officer escaped alone in the location where he submitted his report. The proof of facts to the contrary shall be reserved. ARTICLE 158: Apart from the case of need, the commanding officer may not discharge any goods nor open hatch covers before submitting his sea report. ARTICLE 159: The authority and responsibility of the commanding officer shall remain in full, notwithstanding the presence of a pilot on board. ARTICLE 160: Agreements entered into between the ship-owner and the commanding officer, with relation to the commanding officers commercial mission in his capacity as agent of the ship-owner, may be duly entered into without intervention of the maritime authority. ARTICLE 161 (a): The provisions of articles 177 and following concerning the payment of wages in the event of delay, prolongation or shortening of the voyage, shall not apply to the commanding officer, when such events arise from his fault. ARTICLE 161 (b): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). The provisions of articles from 176 (b) to 176 (d) below, relating to labour regulation are not applicable to the commanding officer. ARTICLE 162: Contrary to article 183, the payment of advances shall not be subject to any limitation with regard to the commanding officer. ARTICLE 163: The commanding officers remunerations, other than his fixed pay, shall be entirely subject to seizure for sums owed by him to the ship-owner in his capacity as agent of the latter. The fixed pay shall be subject to seizure for the same reasons, within the limits fixed in articles 186 and 187. ARTICLE 164 (a): Regardless of the agreement duration, the commanding officer may not terminate it in transit.
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ARTICLE 164 (b): (Added by Dahir of 6 July 1953 - 24 Chaoual 1372). A ship-owner may always dismiss the commanding officer, subject to the payment of damage in the event of unjustified dismissal. The dismissal of the commanding officer shall not be subject, outside the ports of the Kingdom of Morocco, to the authorization of the maritime or consular authority provided for in subparagraph 2 of article 201 (b) hereafter. PART IV: ON THE CREW CHAPTER ONE: ON THE SHIPS ARTICLES, ITS FORM AND STATEMENT
(Modified and supplemented by Dahir of 6 July 1953 - 24 Chaoual 1372)

ARTICLE 165 (a): Any hiring contract entered into between a ship-owner or his representative and a sailor, and having as an object a service to be delivered on board a fittedout sea-going ship under the Moroccan flag, shall be a ships articles, governed by the provisions of this Dahir. ARTICLE 165 (b): Shall be considered as ship-owner, for the purpose of the preceding article, any individual or corporate body, owner or not of the ship, who undertakes the operation thereof. ARTICLE 166 (a): 1. Shall be considered as sailor for the application of this Law any person, of either sex, serving on board a sea-going ship. (Paragraphs 2 and 3, modified by Dahir No. 1-61-219 of 4 December 1961 - 25 Joumada II 1381, article 1); 2. Shall be considered as ships boy any sailor below sixteen. 3. Shall be regarded as ordinary seaman any sailor above sixteen and below eighteen. ARTICLE 166 (b): No placement operation for a maritime engagement shall give rise to any remuneration on behalf of the sailor. ARTICLE 166 (c): No one may duly enter into a maritime engagement unless he is free from any other maritime engagement. ARTICLE 167 (a): All clauses and stipulations of the ships articles must, subject to nullity, be stated in writing before the maritime authority. They shall be registered or annexed to the crew register. ARTICLE 167 (b): The sailors registration in the crew register of a ship of more than 50 gross register tons, usually making sea trips of more than seventy-two hours, shall be subject to a medical exam carried out, at ship-owners expenses, by the ships doctor, or, in the absence of a doctor on board, by a doctor approved by the maritime authority, and stating that the sailors embarkation does not present any danger for his health or that of the crew. In cases of emergency, or in exceptional circumstances deemed as such by the maritime authority, the sailor may be registered in the crew register without being subject to the medical exam provided for in the preceding subparagraph, but on condition that such exam be carried out in the first port where the vessel will touch later on.
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ARTICLE 168: (Modified by Dahir No. 1-61-223 of 24 October 1961 - 14 Joumada I 1381). The hiring contract must contain provisions indicating whether it is entered into for an indefinite duration or for a voyage. If hiring is for an indefinite duration, the contract must necessarily fix the length of notice to be observed in the event of termination by either party. This length of notice must be the same for both parties and shall not be lower than one business day. Notice shall be given in writing. It will be deemed given either by a registered letter, or by an ordinary letter, a copy of which shall then be submitted to the maritime or consular authority, is finally by a written notification given in the presence of two witnesses. If the contract is entered into for the duration of a voyage, it must contain a nominal specification or otherwise of the port(s) where the voyage will end. In the event this specification would not allow for an appreciation of the approximate duration of the voyage, the contract shall fix a maximum duration, beyond which the sailor may require to be landed in Europe or North Africa, even if the voyage is not ended. ARTICLE 169: The ships articles shall, moreover, expressly mention: 1. the service for which the sailor is hired and the hierarchical function that he must fulfil; 2. the date on which the services must start; 3. the method of remuneration agreed between the parties; 4. the amount of fixed wages or the basis for the determination of profits; and 5. the place and date of signature of the contract. ARTICLE 170: The authority in charge of navigation police shall ensure, by the arraignment of the contracting parties and, if necessary, by the reading aloud of the contracts clauses and conditions, that these clauses and conditions are known to and understood by the parties. ARTICLE 171: The hiring contract shall be signed by the ship-owner and the sailor. If any of the contracting parties cannot sign, mention thereof shall be made in the contract. ARTICLE 172 (a): The maritime authority shall sign the contract and affix its seal thereto, if the contract does not contain anything contrary to the provisions of public order. ARTICLE 172 (b): The text of the legal and regulatory provisions which govern the hiring contract, along the text of the terms and conditions of the contract, shall be kept on board to be communicated by the commanding officer to the sailor, on his request. CHAPTER II: ON THE SAILORS OBLIGATIONS TOWARDS THE SHIP-OWNER, ON CREW MAKE-UP AND WORK REGULATION ON BOARD
(Modified by Dahir of 1 December 1930 - 9 Rejeb 1349, then by Dahir of 6 July 1953 - 24 Chaoual 1372).

ARTICLE 173: The sailor shall go onto the ship on board of which he will carry out his service at the day and hour indicated to him by the ship-owner, his representative or by the commanding officer. He may not absent himself from board without permission.

50

He shall, in port or at sea, on board or on land, obey his superiors orders concerning the ships service and the goods and, generally speaking, to fulfil his service with zeal and industriousness. ARTICLE 174: Except circumstances of force majeure, and those where the safety of the ship, of people embarked or of the cargo is at stake, circumstances which the commanding officer alone may determine, a sailor shall not be obliged, save otherwise agreed, to carry out a duty incumbent to a category of personnel different from that in which he was hired. ARTICLE 175: A sailor shall participate in the rescue of the ship or its remains, of shipwrecked effects and of the cargo. ARTICLE 176 (a): In the absence of a clause in the contract authorizing him to do so, a sailor may, under no pretext, load on the ship any goods for his own account without the permission of the ship-owner. In case of infringement of the provisions of the preceding paragraph, the offending sailor shall pay freight at the highest stipulated price, in the place and time of loading, for the same voyage and the same goods species as those unduly loaded on the ship, without prejudice to the payment of damages which may be due to the ship-owner. Moreover, the commanding officer has a right to throw to the sea goods unduly loaded, if they are likely to put in danger the ship or the cargo, or to make incur fines or confiscations for infringements, either to laws or to medical regulations. ARTICLE 176 (b): Aboard ships other than those fitted out for maritime fishing, the duration of actual work of sailors may not exceed, whatever the category of personnel to which they belong, either eight hours per day, or forty-eight hours per week, or else a duration of an equivalent limitation based on a period of time other than the week. Ministerial decrees, enacted upon the opinion of a commission including representatives of ship-owners and sailors, will regulate, by navigation type or personnel category, the conditions of implementing the preceding subparagraph. These decrees will determine in particular: 1. The distribution of working hours in a forty-eight hour week or during a period of time other than the week; 2. The permanent deviations which shall be admitted for the preparatory or complementary work which must necessarily be carried out apart from the limit assigned to general work aboard ships, or for certain navigation types where ordinary work is intermittent; 3. The temporary deviations which shall be establish to allow commanding officers to face extraordinary extra work or pressing needs. 4. The control measures of working and resting hours and of the duration of actual work, as well as the procedure whereby deviations will be granted or used.

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The ministerial decrees provided for above will moreover determine the general rules relating to the organization of service delivery on board, either at sea or in port. They will also fix manpower minima and the deployment of personnel assigned to the ships service. ARTICLE 176 (c): The duration and organization of work aboard fishing vessels will be regulated, if necessary, by ministerial decrees. ARTICLE 176 (d): A complete rest of one day per week must be granted to a sailor embarked on vessels other than those fitted out for maritime fishing. Shall be obligatory for the sailor and will not be taken into account from the point of view of entitlement to the weekly rest the work required by circumstances of force majeure and those where the safety of the ship, of people embarked or of the cargo is at stake, which circumstances the commanding officer alone shall determine. ARTICLE 176 (e): (Modified by Dahir No. 1-61-219 of 4 December 1961 - 25 Joumada II 1381). On board any trading ship of more than 200 gross register tons, there must be taken on board a ships boy or an ordinary seaman for every fifteen men or fraction of fifteen men forming ships manpower, and one ships boy or ordinary seaman for every ten additional men; deck officers, but not already embarked ships boys or ordinary seamen, shall be taken into account for the calculation of manpower; however, the total number of ships boys and ordinary seamen to be legally embarked on a ship shall under no circumstances exceed five. On trading ships of more than 200 gross register tons, it is forbidden to assign ships boys to quarter-night service from 8:00 p.m. to 4:00 a.m. A decree will determine, if necessary, under which conditions the regulations of the preceding subparagraphs of this article shall be applicable to trading ships of gross tonnage equal or lower than 200 tons and on fishing vessels. On all ships, it is prohibited to employ ships boys and ordinary seamen in the work of stokeholds and bunkers. CHAPTER III: ON SHIP-OWNERS OBLIGATIONS
(Modified by Dahir of 6 July 1953 - 24 Chaoual 1372).

SECTION I: ON FIXED WAGES, POSSIBLE PROCEEDS AND OTHER REMUNERATIONS ARTICLE 177: Any hiring contract, under which the remuneration of a sailor consists, in full or in part, in a share on profits or freight, shall determine the expenditure and charges to be deducted from the gross profit to form the net profit. At the time of payment, no deduction, other that those stipulated, shall be made at the detriment of the sailor. Compensation paid to the ship for interruption, shortening, delay or prolongation of the voyage, loss of profit or freight, shall be regarded as part of gross profit.
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This provision shall only apply to compensation if the sailor has contributed to the payment of the premiums since the beginning of the voyage. ARTICLE 178: Where sailors are paid on a monthly basis, they shall, in the event of prolongation or shortening of the voyage, be remunerated in proportion to the actual duration of their services. ARTICLE 179: Where sailors are paid on voyage basis, voluntary shortening of the voyage shall not entail any wage cutting. Voluntary prolongation or delay of the voyage shall give rise to a payment increase proportional to the duration thereof. ARTICLE 180 (a): Where sailors are remunerated on the basis of profit or freight, no compensation shall be owed to them for delay, prolongation or shortening of the voyage due force majeure. Should there be a delay, prolongation or shortening of the voyage attributable to shippers or a third party, sailors shall be entitled to a share in the compensation awarded to the ship. Should the delay, prolongation or shortening of the voyage be attributable to the ship-owner or the commanding officer, and if the event is detrimental to sailors, these shall be entitled, in addition to their share in the profit realized, to a compensation determined by taking the circumstances into account. ARTICLE 180 (b): A sailor who has to fulfil a duty other than that for which he is hired and involving a wage higher than his shall be entitled to a wage increase calculated on the basis of the difference existing between his wage and the wage related to the duty which he temporarily fulfilled. ARTICLE 181: The payment of wages shall be made, circumstances permitting, in all cases where there is dispute, before the maritime authority. ARTICLE 182 (a): Where payment has not taken place in the presence of the maritime authority duly called on, minutes stating the payment and, if necessary, the complaints arising therefrom shall be transmitted within forty-eight hours to said authority. ARTICLE 182 (b): The settlement of wages shall be made when the ship arrives at the port where it terminates its voyage. Moreover, wages shall be settled, except if agreed otherwise by the parties: 1. For ships fitted out for ocean trade and near-sea traffic, whose duration of voyage exceeds one year: on a yearly basis, in the first port touched by the vessel; 2. For ships fitted out for Moroccan coastal navigation, whose duration of the voyage exceeds one month: on a monthly basis, in the first port touched by the vessel. For any sailor separately disembarked before the expiry of the voyage, the settlement of the wage shall take place at the time of disembarkation.

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ARTICLE 182 (c): If the settlement of wages takes place in a Moroccan or foreigner port, payment thereof shall be made immediately. If the settlement of wages takes place in a foreign port, they shall be paid in Morocco. However, the maritime authority may prescribe the payment of an advance. In the event of a delay of payment ascribable to the ship-owner, the sailor may claim damages. ARTICLE 182 (d): In the event of loss unaccounted for, the sailors rightful claimants shall be entitled, in addition to wages due until the last moment unaccounted for, an additional month, if the sailor used to be paid on a monthly basis. ARTICLE 182 (e): The sailors of a ship which lent assistance, with the exception of the crews of vessels assigned to rescue companies, shall be entitled to a share of the remuneration allocated to the assisting ship. The quota and amount of such share shall be fixed in a common agreement or by courts. SECTION II: ON ADVANCES, RETENTIONS, DELEGATIONS AND ATTACHMENT OF WAGES ARTICLE 183: A ship-owner shall be entitled to the restitution of advances and downpayments made by him, after deduction of wages due: 1. In the event of terminating the engagement by the act of the sailor, without prejudice to disciplinary actions and the payment of damage. This provision shall also apply to engagement premiums or advances received; 2. Where, at the time of wage calculation, the amount of advances or down-payments received exceeds the amount of actual wages or shares due to the sailor. However, this last provision shall not apply to advances having been subject to delegation. ARTICLE 184 (a): Advances and delegations shall not be subject to restitution in the event of termination of the hiring contract by the act of the ship-owner, the commanding officer or officers. The same goes in the event of termination of the hiring contract by force majeure, except agreement to the contrary. ARTICLE 184 (b): Advances, of whatever amount, shall only be deductible on the wages and shares due to the sailor up to one monthly wages only. ARTICLE 184 (c): No down-payment shall, in transit, be paid to the sailor unless it is mentioned beforehand in the log book under the sailors signature or, in default, under the signature of two members of the crew. Down-payments should not exceed two thirds of the wages earned by the sailor at the time when down-payment is requested, subject to the deduction of advances and delegations. The commanding officer shall determine the appropriateness of the down-payment request. ARTICLE 184 (d): A sailor may, at the time of engagement, delegate part of his earnings in favour of the person(s) being de jure or de facto as his dependent. He may also ask that part of his earnings be paid, in his absence, on a provisional basis and in regular terms of one month minimum, into an account open on his behalf.
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The total amount of delegations and provisional payments may, under no circumstances and at no time, exceed two thirds of the acquired earnings. Upon the maturities agreed upon, the ship-owner shall pay the subscribed delegations and make the provisional payments requested by the sailor. ARTICLE 185: The wages and profits of sailors shall not be attachable and inalienable, unless for the causes and within the limits determined in the following article. ARTICLE 186: The wages and profits of sailors may be seized and alienated, but only up to a quarter: 1. In the event of debt towards the State or towards the disabled or provident funds, as regards French citizens with in-pay status sailing under the Moroccan flag; 2. In the event of debt authorized beforehand by the maritime authority, for supplies of provisions, rags or housing; 3. In the event of debt towards fitting out for undue payment on a calculation of former wages, advances, undue down-payment or damage. ARTICLE 187: The same wages and profits may be seized up to a second quarter for alimony due by way of enforcement of a judgement. ARTICLE 188 (a): Apart from property, sums and values declared as unattachable by any other Dahirs, shall be attachable for any cause whatsoever: 1. sailors clothing, without exception; 2. instruments and other objects used for exercising the maritime profession; 3. sums due for medical and pharmaceutical expenses. SECTION III: ON FOOD AND LODGING ARTICLE 188 (b): A sailor hired on a ship fitted out for ocean trade, the coastal navigation or inshore navigation shall be entitled, throughout his hiring period, to food or to an equivalent allowance whose rate and attribution conditions shall be fixed by contracts and practices. The food provided to sailors must be healthy, of good quality, in sufficient quantity and of a nature appropriate to the voyage undertaken. It may, at any time, be subject to control by the inspector of navigation, along with the composition of menus served to the crew. No ship-owner shall entrust a commanding officer or any member of the embarked personnel, for an all-in price, with the crews food. ARTICLE 188 (c): The provisions of the preceding article may be extended, through ministerial decrees, to certain categories of fitting out for fishing, in particular to companies of industrialized fishing. ARTICLE 188 (d): No one shall bring alcoholic beverages on board without authorization from the commanding officer. Any alcoholic beverage brought in contradiction with this
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regulation shall be confiscated by the commanding officer and sold by the maritime authority for the benefit of social work in the interest of sailors, without prejudice to disciplinary or penal sanctions incurred by the offender. ARTICLE 188 (e): On board ships fitted out for ocean trade and near-sea traffic, the sleeping objects and dish equipment shall be provided by the ship-owner under the conditions fixed by the regulations relating to hygiene aboard ships, and placed under the responsibility of sailors. Damage payment shall be due in case of abnormal deterioration or loss of said objects ascribable to sailors fault. The same goes for other ships, except agreement to the contrary. SECTION IV: ON DISEASES, WOUNDS AND REPATRIATION OF SAILORS ARTICLE 189: (Modified by Dahir No.1-61-360 of 30 December 1961 - 22 Rejeb 1381). Subject to the provisions of article 190 (c) below, a sailors medical treatment shall be borne by the ship if he is wounded while on service on the ship or if he falls sick during his embarkation. The provisions of the preceding subparagraph shall be applicable to a sailor who falls sick subsequently to the date of his landing and before any other embarkation, when it is established that the disease was contracted during the service on the ship. A wounded sailor shall, except cases of force majeure, give immediately notice thereof to the commanding officer. ARTICLE 190 (a): (Modified by Dahir of 13 April 1957 - 12 Ramadan 1376). The care to be given to sailors shall cease to be due when the sailor is cured or when the wound is consolidated or else when the state of the patient, after the acute crisis, takes a chronic character. In the event of disease, the sailors wages shall be paid to him over the period during which he is entitled to care, within the limits below: a. If the sailor is landed sick abroad and is repatriated cured or in a state which does not justify his hospitalization, until his repatriation as provided for in article 193 below; b. If the sailor is hospitalized, even after repatriation, until he leaves the hospital; c. If the sailor is landed due to disease in the fitting-out port or in a port where the repatriation obligation can be regarded as fulfilled, and if his state does not justify his hospitalization or he cannot be hospitalized for reasons beyond his will, he shall benefit: - During the first ten days following the landing, from his actual basic wage increased, if applicable, by the food allowance; - Starting from the eleventh day, and within the limit of obligations fixed by the first subparagraph of this article, from an allowance equivalent to half of his actual basic wage increased, if applicable, by half of the food allowance.

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A sailor who would have refused his hospitalization, if this is prescribed by the doctor, may not claim such allowance. The same shall apply if a sailor leaves the establishment where he is hospitalized without medical authorization. A ship-owner may subject to a counter-examination by a doctor of his choice any sick sailor who is not hospitalized. In the event of dispute about the health state of a sailor upon difference of opinions between the attending physician and the doctor chosen by the ship-owner, the litigation shall be brought before a court of competent jurisdiction, after an attempt to conciliation under the conditions provided for in article 205 (b) hereafter, of this Dahir, before the chief of the maritime district. The latter shall, if need be, call on the assistance of a medical expert whose fees shall be borne by the losing party. If a sailor can be taken care of by a medico-social centre for one of the four following affections: tuberculosis, cancer, mental disease, poliomyelitis, the obligations of the shipowner will cease with regard to said sailor. Under no circumstances the period during which the wages or allowances set forth above are allocated to the diseased sailor may exceed four months starting from the date on which he is left on land. The wages referred to in this article shall mean the fixed wages mentioned in the hiring contract. If the contract does not provide for a fixed remuneration, the wages to be allocated under these conditions shall be determined on the basis of the average rate of wages of sailors of trade in the port where the ship is fitted out. ARTICLE 190 (b): A sailor who has to cease his work due to a wound or disease shall be left on land and hospitalized in the port where the ship happens to be or in the first port touched by the ship. The landing and hospitalization shall be decided upon the opinion of the ships doctor or any other doctor approved by the maritime authority stating that the state of the patient requires his landing. ARTICLE 190 (c): (Modified by Dahir No. 1-61-360 of 30 December 1961 - 22 Rejeb 1381). The provisions of articles 189, 190 and 190 (b) above are not applicable neither to fittings out operating only ships fitted out for inshore navigation and whose gross tonnage is below 25 tons, nor to fittings out operating only ships fitted out for offshore fishing. These fittings out shall only be responsible, with regard to sailors they hire, for the obligations fixed by the legislation relating to the liability of employers in terms of industrial accidents. ARTICLE 190 (d): Notwithstanding articles 189, 190 (1st subparagraph excepted) and 190 (c) above, ship-owners obligations as regards care, with respect to French sailors who, upon their hiring, availed themselves with the benefit of the provisions of the French Act of 11 March 1922, shall cease when the sailor must regularly be taken care of by the general social welfare fund of French sailors.

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Until such care taking, the sailor referred to in the preceding subparagraph, landed due to a wound or disease, shall be entitled to continued payment of his wages as determined by article 190 above. ARTICLE 191 (a): If a sailor dies out of a disease or wound whose treatment expenses are the responsibility of the ship, the ship shall incur the expenses of burial and return of the body to the port of fitting out or of repatriation as provided for by article 193 below. ARTICLE 191 (b): (Added by the law-enacting Dahir No. 1-73-407 of 5 August 1974 - 15 Rejeb 1394). As soon as a death or disappearance has occurred at sea, the commanding officer shall make an inventory of the property, effects and values left by a sailor deceased on board or reported missing in the course of a voyage. The property and effects shall immediately be put under seals and deposited in buildings locked with keys where conservation can be assured without risk. The values shall be deposited in the ships safe in a sealed container. ARTICLE 191 (c): (Added by the law-enacting Dahir No. 1-73-407 of 5 August 1974 - 15 Rejeb 1394). As soon as the ship arrives in a Moroccan port, the property, effects and values referred to in article 191 (b) shall be handed, together with the inventory, by the duly authorized officer to the local maritime authority against receipt thereof. ARTICLE 192 (a): When the sailor is landed due to a wound or disease in a French or foreign port, the French maritime or consular authority may require that a deposit be made by the commanding officer in such case as will be assigned to him, subject to later regularization, in any amount deemed necessary for the sailors treatment and repatriation. ARTICLE 192 (b): The provisions of articles 189 to 192 above are not applicable if the disease or wound is determined by an intentional fact or an unforgivable fault of the sailor, or else if it is contracted by him under the influence drunkenness or if it results from an act of indiscipline from his part. However, these provisions are applicable in case of an industrial accident, even if it is proved that such accident is due to an unforgivable fault of the victim. In the cases set forth above, where the provisions of articles 189 to 192 are not applicable, the commanding officer shall nevertheless see to it that the sailor is given all necessary care until the latter is entrusted to the maritime or consular authority. ARTICLE 192 (c): (Added by the law-enacting Dahir No. 1-73-407 of 5 August 1974 - 15 Rejeb 1394). The commanding officer shall take all useful measures to ensure the safeguard of property on board pertaining to the sick or wounded sailor on a voyage until the sailor is landed. ARTICLE 193: (Cancelled and replaced by Dahir No. 1-62-069 of 19 July 1962 - 16 Safar 1382). The deviations provided for in article 194 below, notwithstanding, a sailor landed due to a wound or disease, or forsaken at the end of a contract, away from a Moroccan port shall be repatriated at the ships expenses.

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The port of repatriation must be: a. The port of hiring, for Moroccan sailors; b. The port of hiring or a port of the country to which the patient or the injured belongs, for foreign sailors, depending on the agreement entered into in this regard at the moment of hiring. ARTICLE 194: A ship-owner shall not be responsible for: the expenses of repatriation of sailors landed either following dismissal for legitimate cause, or upon the initiative of the maritime authority, either to undergo a sentence, or due to a disease or wound whose treatment is not the responsibility of the ship-owner. In the event of termination by private agreement, the expenses of repatriation shall be the responsibility of the party indicated by the agreement. CHAPTER IV: ON THE TERMINATION OF THE HIRING CONTRACT
(Modified by Dahir of 6 July 1953 - 24 Chaoual 1372).

ARTICLE 195: The hiring contract shall terminate, if it is entered into for a limited duration, by the expiry of the period for which it was entered into. If the contract is entered into for the duration of the voyage, it shall terminate either by the fulfilment of the voyage, or by a voluntary or forced termination thereof. It shall terminate, whatever the duration provided for, by the death of the sailor, by the termination or cancellation under the conditions and circumstances provided for in articles 78 and 82 above, by the termination pronounced by court if any of the parties did not meet its commitment. ARTICLE 196: Where hiring is entered into for a definite duration and the term falls in the course of a voyage, without any prolongation provided for in the contract, the hiring shall continue, if it is carried out on a trading or fishing ship, until the ship arrival in the first Moroccan port where it makes a stopover of at least forty-eight hours. However, the hiring shall continue until arrival in the port of disembarkation, if the ship is supposed to be there within one month from the expiry of the date stipulated in the contract. ARTICLE 197: In the event the sailor dies during the duration of the contract, his wages, if he is paid on a monthly basis, his legal successors shall be entitled thereto until the day of his death. If the sailor is hired for the duration of the voyage and he is paid either at a lump sum, or on profit or freight for an outward voyage only, the total of his wages or his share shall be due, if he dies after the voyage is started; if the hiring is intended for a round voyage, half of the sailors wages and share shall be due if he dies during the outward voyage or in the port of arrival; the totality thereof shall be due if he dies on the way back.

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Whatever the hiring method, the wages of a sailor killed while defending the ship, or while performing, for ships safety, an act of devotion, shall be due in full for the whole voyage, if the ship arrives safe at the port of destination, and in the event of capture, shipwreck or declaration of unseaworthiness, until the day of suspension of the services of the crew. ARTICLE 198: A dismissal pronounced by the ship-owner or the commanding officer on legitimate grounds shall not give rise to any right in sailors favour. Shall in particular in considered as legitimate reasons for dismissal: 1. The fact that the sailor does not present himself for embarking at the first requisition of the ship-owner or his representative; 2. The arrest of a sailor accused of crime or offence if the ship is outward bound; or, if the ship is not outward bound, the detention of the sailor for more than five days; 3. Disobedience, if it constitutes, under the applicable disciplinary legislation, a serious offence against discipline; 4. Drunkenness stated at least three times, in cases where it constitutes, under the applicable disciplinary legislation, a serious offence against discipline; 5. Unauthorized absence from board for more than three days; 6. Absence from board or continued absence from board, whatever the duration, if it takes place between the moment fixed by the commanding officer for the beginning of service per quarters for getting under way, and the moment fixed by the commanding officer for the suspension of service per quarters, or if the sailor leaves board while he is under arrest; 7. The fact for the sailor to be impossible to resume service for the departure of the ship, as a result of a wound or disease, for any cause whatsoever; 8. The capture, shipwreck or unseaworthiness of the ship on which the contract shall be performed, except if agreed otherwise, or the contract termination by the shippers in case of total freighting. ARTICLE 199: In the event of dismissal pronounced without legitimate cause by the commanding officer or the ship-owner before the voyage begins, sailors, whatever the basis of their hiring, shall keep by way of compensation any advances received; they shall moreover be paid for the days spent by them in the ships service. In default of such an advance, sailors hired on a monthly basis shall receive the equivalent of one-month wage as fixed in the contract; those who are hired on a voyage basis shall receive the equivalent of one-month wage as the same can be evaluated based on the supposed duration of the voyage; those who are hired on profit or freight basis shall also be entitled to compensation, the amount of which shall be fixed in common agreement or by courts. ARTICLE 200: In the event of dismissal pronounced without legitimate cause by the commanding officer or the ship-owner after the voyage begins, sailors paid on a monthly basis shall receive the wages stipulated for the length of their service and, moreover, by way of compensation, half of the wages as they can be evaluated based on the supposed duration of the voyage; if they are paid on a voyage basis, they shall receive the stipulated wages in full.

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Sailors remunerated by profit or freight shall be entitled to compensation whose amount shall be fixed by common agreement or by courts, which will calculate the same on the basis of the shortfall in earnings and the progress report of the voyage. ARTICLE 201 (a): Termination of the hiring contract by the sailor without reason, shall entitle the ship-owner to compensation. Legitimate reasons for contract termination by the sailor include in particular: 1. The non-payment of wages at the times and under the conditions fixed by law or by the contract; 2. The fact of having been victim of an abuse of authority on behalf of the commanding officer, if such abuse of authority is stated and punished in accordance with the applicable disciplinary and penal legislation; 3. The call to or enrolment in the military service with the land forces, the air force or the navy. ARTICLE 201 (b): (Modified by Dahir No. 1-69-177 of 20 January 1970 - 12 Kaada 1389). In the ports of Morocco, the termination of a hiring contract entered into for an indefinite duration may be made by the will of only one of the contracting parties upon the expiry of the period of notice fixed in the contract in accordance with article 168 of this Dahir. Outside the ports referred to in the preceding subparagraph, termination of the hiring contract entered into for an indefinite duration shall be subject to an authorization of the Moroccan maritime or consular authority when there are conditions putting in danger the seaworthiness or safety of the ship. In either case, such termination may give rise to compensation, under the conditions fixed by articles 199, 200 and 201 above, either in case of non-observance of the length of notice, or if one of the parties misused its right of termination. ARTICLE 201 (c): (Added by Dahir No. 1-61-223 of 24 October 1961 - 14 Joumada I 1381). If the sailor proves to the ship-owner or his representative either that he has the possibility of obtaining the command of a ship or the position of an officer, an engineer officer or any other position higher than that he currently occupies, or that as a result of circumstances that occurred since his hiring his departure involves for him a major interest, he may request his discharge, on condition that he secures, without new expenses for the ship-owner, his replacement by a qualified person, approved by the ship-owner or his representative. In this case, the sailor shall be entitled to the wages corresponding to the duration of his service. ARTICLE 202: When the interruption of the voyage occurs by the act of the shippers, sailors remunerated by freight shall take part in the compensations which will be allocated to the ship. These compensations shall be allocated to them in the proportions of the freight. ARTICLE 203: If as a result of a case of force majeure the voyage becomes impossible before having started, the cancellation of this voyage shall not entitle sailors to any compensation. However, they shall be paid days they worked in the ships service, if they were to be remunerated on a monthly or voyage basis.
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ARTICLE 204: If as a result of a case of force majeure the continuation of a started voyage becomes impossible, sailors remunerated on a monthly or voyage basis shall be paid their wages until the day on which their services were suspended, those who are remunerated by profit or freight shall receive the share they are entitled to under the contract on profit realized or freight gained during the part of the voyage carried out. However, in the event of capture, shipwreck, declaration unseaworthiness, courts may cancel or reduce sailors wages, if it is proven that the ships loss is the result of their fault or their negligence, or that they did not do all that was in their capacity to save the ship, passengers and goods or to collect the remains. ARTICLE 205 (a): In the event compensations are allocated by governments or legal or administrative authorities to make up for the damage caused, sailors who, by application of the two preceding articles, did not receive the whole wages they were entitled to for the supposed duration of the voyage, shall get a share in said compensations. CHAPTER V: ON LITIGATIONS BETWEEN SHIP-OWNERS AND SAILORS
(Modified by Dahir of 6 July 1953 - 24 Chaoual 1372)

ARTICLE 205 (b): Litigations arising with regard to hiring contracts governed by this Dahir between ship-owners or their representatives and sailors, with the exception of commanding officers, shall be brought, for the purpose of conciliation, before the appropriate maritime authority. This attempt to conciliation shall replace that which should take place before the Justice of the Peace in accordance with common law. ARTICLE 205 (c): Where litigation arises in a Moroccan port, the appropriate maritime authority referred to in the preceding article shall be heard by the merchant navy civil servant, Head of the maritime district, which said port related to. In all other cases, and also when, as a result of the ships departure, the proceedings cannot be brought before the civil servant referred to in the preceding subparagraph, the appropriate maritime authority shall be heard by the merchant navy civil servant, Head of the maritime district, to which the ships habitual port of fitting-out relates. ARTICLE 205 (d): If, for the attempt of conciliation, the parties do not both spontaneously appear before the appropriate maritime authority, the latter shall summon them by administrative channels. In the event of conciliation, the maritime authority shall draw up minutes stating the conditions of arrangement. The minutes shall constitute, with regard to the points to which it applies, a new agreement governing the relationships between the parties. In case the attempt of conciliation fails, the maritime authority shall draw up minutes, a copy of which shall be given to the applicant, containing permission to summon before the court of competent jurisdiction.

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BOOK III: ON MARITIME TRANSPORT, SEA RISKS AND MARINE INSURANCES PART I: ON MARITIME CONTRACT OF CARRIAGE IN GENERAL CHAPTER ONE: ON FORMATION AND PROOF OF CONTRACT OF CARRIAGE ARTICLE 206: Freighting is a contract by which a ship-owner commits himself towards a shipper with a view to transporting the latters goods to a given port or for a given time, in return for a given price, affecting for this purpose either the whole or part of the vessel. ARTICLE 207: Freighting or maritime contract of carriage shall be stated in a charter-party, a bill of lading or any other written document. ARTICLE 208: A charter-party shall be executed either by a notarial deed or by a private agreement. It shall mention: the name and tonnage of the ship; the name of the commanding officer; an indication, even if roughly, of the goods to be transported, either by one and the same ship, in case of total freighting, or, in case of partial freighting, at given times, by ships to be indicated; the agreed place and time of loading and unloading; the price of freight or chartering. ARTICLE 209: A bill of lading is a written recognition of the goods received by the commanding officer. ARTICLE 210: A bill of lading must state: - A description of the goods given to the conveyor, with an indication of their quantity and distinctive marks; - The date on which it was delivered; - The name and domicile of the shipper; - The name and domicile of the ship-owner or the charterer; - The place of departure and of destination; - The price of freight, except reference in the charter-party or in any other agreement; - The number of copies of the bill of lading executed by the commanding officer. Any copy of the bill of lading which does not contain the above indications shall only constitute a prima facie evidence. ARTICLE 211: A bill of lading may be executed on behalf of a named person, to order or to the bearer. ARTICLE 212: If both a charter-party and a bill of lading have been drawn up, handwritten clauses shall have precedence over printed clauses, even if they appear in charter-party; in the event of conflict between printed clauses and handwritten clauses, the bill of lading shall have precedence over the charter-party.

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CHAPTER II: ON RECIPROCAL OBLIGATIONS OF THE PARTIES ARTICLE 213: A ship-owner shall deliver the ship in a good state of seaworthiness, i.e. capable, in all respects, to undertake in full safety the navigation for which it is intended. He shall be accountable, with regard to the shipper, for any damage resulting from a defective condition of the ship, unless such defective condition stems from a latent defect that a scrupulous inspection would not discover. ARTICLE 214: The proof of unseaworthiness may be accepted, notwithstanding and despite any certificates of departure inspection. ARTICLE 215: In all cases where a ship has been impounded, the ship-owner may not provide another one, unless, as a result of force majeure, such ship is lost or become unseaworthy after the voyage is begun. ARTICLE 216: If goods which have not been declared are found in the ship, the commanding officer may have them landed in the place of loading or tax the freight thereof at the highest price paid in the same place for goods of the same nature, without prejudice to the payment of damage, it any. ARTICLE 217: The party by the act of which the ship happens to be stopped or delayed at departure, during the voyage or in the place of landing shall compensate the other party thereof. ARTICLE 218: The ship shall, on the agreed time, be ready to receive the goods at the usual shipping place. The commanding officer shall take the goods along the tack at the shipowners expenses, and to represent the same under hoist, at the port of destination, to the receivers. ARTICLE 219: Freighting the totality of a ship does not include the cabins and other places reserved to the commanding officer and the crew; however, the commanding officer and the crew may not load goods therein, without the shippers consent. ARTICLE 220: In case of freighting the totality or a given part of a ship, the commanding officer may not, without the shippers authorization, take other goods in the ship or in the part thereof thus chartered. In case of infringement, the freight of the goods thus loaded would become the property of the shipper, without prejudice to the payment of damage, if any. ARTICLE 221: The ship-owner shall be responsible for any losses or damage caused to the goods, as long as they are under his guard, unless he proves a case of force majeure. ARTICLE 222: Goods used or sold by the commanding officer during the voyage, for ships needs, shall be refunded by the ship-owner according to their value at the port of destination, upon deduction of the expenditure saved to the shipper if the ship arrives safely at port, otherwise according to their actual selling price.

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ARTICLE 223: The ship-owner shall have the right to retain his freight for all the goods whose value he shall refund. ARTICLE 224: If the shippers whose goods have been used for ship needs are not refunded for the value thereof, the loss resulting therefrom for them will be distributed in pro rata to the value of such goods and all those which arrived to destination or were saved from the shipwreck, subsequently to the events which required the sale or the pledging thereof. ARTICLE 225: If nobody shows up to receive delivery of the goods or if the recipient thereof refuses to receive them, the commanding officer may, by authority of the court, to proceed with their sale up to the amount of his freight, and issue an order for the deposit of the surplus. In the event of insufficiency, he shall preserve an appeal against the shipper for the balance. ARTICLE 226: A shipper who has not loaded the agreed quantity of goods shall owe the freight in full, and for any loading stipulated in the contract, he shall moreover be responsible for the expenses which may have resulted therefrom for the ship; but, reciprocally, he shall be entitled to a deduction of the expenditure saved for the ship, as well as three quarters of the freight of goods taken by way of a replacement. ARTICLE 227: A person who embarked dangerous, harmful or prohibited goods shall be responsible with regard to the shipper for the cargo and for all persons who have interest therein, with respect to the damage such goods may have caused. Acceptance of such goods by the commanding officer shall only remove this responsibility with regard of the shipper. ARTICLE 228: No freight shall be due for goods which have not been delivered or made available to the receiver at the port of destination. ARTICLE 229: (Modified by Dahir of 6 February 1933 - 11 Chaoual 1351). However, freight shall be due in the following cases: a. When failure of delivery is due to the negligence or the fault of freighters, shippers or their rightful claimants; b. When the goods were lost by inherent defect; c. For animals that died during the voyage, independently from any fault of carrier; d. When dangerous or prohibited goods are destroyed during the voyage, provided that the carrier has been unaware of their nature at the time of loading; e. When, during the voyage, some goods have been sold because of their state of damage, whichever the cause thereof; f. When the loss of goods has been accepted in common damage. ARTICLE 230: In all cases where freight is not due, advances made to the commanding officer before departure on this freight shall be restored by him, unless agreed otherwise. The
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payment by the commanding officer to the freighter or shipper of an insurance premium on the advances received by him shall be considered as a non-restitution agreement. ARTICLE 231: When, as a result of sea risk, the ship needs to be repaired during the voyage, the freighter or shipper shall wait or otherwise pay the whole freight. ARTICLE 232: When the ship is stopped during the voyage as a result of the act of a power or of any other event not ascribable to the commanding officer or the freighter, agreements shall remain, without giving rise to damage or special increase in freight. ARTICLE 233: The shipper may, during the ships stop, have his goods unloaded at his expenses, with the proviso of having them reloaded or compensating the commanding officer for reloading expenses. ARTICLE 234: Where a case of force majeure, occurring after the departure of the ship, prevents it from getting to its destination and the ship is obliged to return with its cargo, only the freight for the outward voyage shall be due, even though the ship was chartered for a round voyage. ARTICLE 235: In the event of blockade of the port for which the ship is intended, or due to another force majeure which prevents it from entering such port, the commanding officer shall, if he has not received orders or if the orders he received cannot be executed, act in the best interest possible of the shippers, either by going in a nearby port, or by returning to the port of departure. ARTICLE 236: If, in the event of a shipwreck or unseaworthiness of the ship during the voyage the goods arrive to destination with a freight less than that which had been agreed with the ships commanding officer, the difference in default between the two freights shall be paid to the commanding officer. However, nothing shall be due to the commanding officer if the new freight is equal to that which had been agreed with him; and if the new freight is higher, the difference in excess shall be incurred by the shipper. ARTICLE 237: A shipper may not give up, in payment of freight, the goods decreased in value for any cause whatsoever. If, however, barrels containing of wine, oil, honey or other liquids have flown of so much that they are empty or almost empty, such barrels may be abandoned for freight. ARTICLE 238: Lay days shall be effective: for loading, the day after the freighter has received notice that the ship is ready to take his goods; for unloading, the day after the recipient is made capable of beginning unloading, under the conditions provided for in the contract. When it is not fixed by agreement, the commencement and duration of lay days shall be subject to usage in the relevant location. Business days shall alone be taken into account in the calculation of lay days.

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ARTICLE 239: If loading or unloading is not finished during the lay days, whereas the expiry date of such lay days has not been specified, demurrages shall be effective, according to usage in the relevant location, but only twenty-four hours after a simple notice given in writing by the commanding officer, either to the freighter or to the recipient; demurrages shall be effective without any notice, if the number of lay days has been specified. Running days shall be taken into account without distinction in the calculation of the demurrages. ARTICLE 240: Lay days may only be interrupted during the time when it is impossible to load or unload. Demurrage days shall not be interrupted, even in the event of force majeure. ARTICLE 241: Provisions applicable to freight shall automatically extend to demurrages. ARTICLE 242: To guarantee the payment of freight and accessories, the freighter shall have, even in the event of the recipients bankruptcy, a privilege over goods making up the loading, for about fifteen days after the delivery thereof, if they have not passed in the hands of third parties. ARTICLE 243: A freighter may retain the goods for lack of payment of freight, unless he is provided with a good and valid guarantee. The freighter may also demand that the goods be deposited in third-party hands, until freight is paid, or even issue an order for the sale thereof up to the amount of his debt. ARTICLE 244: (Abrogated by Dahir of 26 July 1922). ARTICLE 245: The straight bill of lading shall not be negotiable. The commanding officer may only deliver the goods to the person named therein. ARTICLE 246: (Modified by Dahir of 21 March 1930). The bill of lading to order is negotiable by endorsing. The commanding officer may only deliver the goods to the bearer of the endorsed bill of lading, even in white. ARTICLE 247: The bill of lading to the bearer shall be negotiable by simple handing-over. The commanding officer shall deliver the goods to any person who comes forward in possession of such bill of lading. ARTICLE 248: Copies of the bill of lading made to the bearer or to order shall include the phrase "negotiable" or "not negotiable", in addition to an indication of the number of copies and a statement that if one is executed, the other shall not. ARTICLE 249: The carrier may not oppose to the carrier of an endorsed negotiable copy the exceptions opposable to the shipper, unless he proves that such bearer is acting as an agent of the shipper. ARTICLE 250 : In the event of dispute between bearers of various negotiable copies of the same bill of lading, before any delivery of the goods by the commanding officer, preference shall be given to the one who holds the copy with the oldest endorsing.

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ARTICLE 251: After delivery of the goods to the bearer of one of the negotiable copies, the bearer of another copy, even by virtue a preceding endorsing, may not be preferred to him. ARTICLE 252: In the event of discrepancies between the charter-party and the bill of lading of a chartered ship, preference shall be given to the stipulations of the charter-party in the relationship between the charterer and freighter. However, in the relationship between the freighter and the shipper, it is the bill of lading alone which shall have probative force, unless it expressly refers to the charter-party. ARTICLE 253: The issuer of a direct bill of lading shall, until the end of the voyage, be responsible for the actions which arise from such bill of lading. He shall stand surety to the acts of the successive carriers to whom the goods are transmitted. ARTICLE 254: In the case provided for in the preceding article, each subsequent carrier shall only be responsible for losses, damage and delays which occurred during his specific voyage. CHAPTER III: ON EXTINGUISHMENT AND EXEMPTION OF OBLIGATIONS ARTICLE 255: The freighting or contract of carriage shall automatically terminate, without any compensation for either party, when before any commencement of performance, a case of force majeure occurs which completely prevents such performance. If the case of force majeure occurs before ships departure, but whereas the contract has already received a commencement of performance, termination shall be pronounced subject to compensation, if any. ARTICLE 256: If the force majeure prevents only temporarily ships departure, agreements shall remain, without increase in freight or compensation, under the condition however that such delay does not result in a breaking of the trading operation for which either or both parties had entered into agreement. ARTICLE 257: In case of total freighting of the ship, the freighter may terminate the contract by paying half of the stipulated freight, provided that he has not yet given the commanding officer the order to depart or, if he has loaded all or part of the cargo, the lay days have not yet expired. In this latter case, the freighter shall, in addition to assuming the expenditure of loading and unloading, paying damage for the delay which might have been caused. ARTICLE 258: In case of partial freighting or maritime transport, the shipper shall have the same right, but he shall then owe the whole freight. However, only half of the freight shall be due if all shippers consented to termination. ARTICLE 259: Except the case provided for in article 257, the freighter may not terminate the contract, unless he pays the whole freight, demurrages and any other expenses encumbering the cargo. Moreover, the freighter shall compensate the charterer, if the latter suffers damage or incurs extraordinary expenses due to the fact of unloading the goods. ARTICLE 260: The right of termination provided for in the three preceding articles is not applicable to time charters, nor to those entered into for several successive voyages.
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ARTICLE 261: In cases where he owes the whole freight for termination of the contract, the freighter may deduct the expenditure saved to the charterer, as well as the freight of goods which have been loaded or offered by way of a replacement, without this deduction exceeding half of the freight. ARTICLE 262: (Modified by Dahir of 17 March 1953 - 1 Rejeb 1372). All actions for damage due to particular average or partial loss filed either against the commanding officer or ship-owner, or against the owners of the goods, shall be inadmissible if, within eights days, bank holidays not included, from the date on which the goods are actually made available to the recipient, a justified protest is not made and notified by extrajudicial act or registered letter, and if such protest is not followed by legal action within ninety days. ARTICLE 263: All actions deriving from the freighting contract shall be prescribed by one year effective from the date of arrival of the goods in the port of destination and, in the event of non-arrival, from the date on which it was supposed to normally reach such destination. ARTICLE 264: Any clause in a bill of lading or any other instrument of maritime transport, executed in Morocco or abroad, with the aim of directly or indirectly exempting the shipowner from his responsibility, derogating from the rules of competence or reversing the burden of proof, shall be null and of no effect. However, a ship-owner may be exempted from faults committed by the commanding officer, the pilot and the crew, in fulfilling their duties in relation to the ship. ARTICLE 265: Clauses such as "which is said to be", " weight, quality and content unknown" and any other equivalent clause shall have the exclusive effect of laying the burden of proving what is missing on the shipper or the receiver. ARTICLE 266: (Modified by Dahir of 29 April 1946 - 27 Joumada I 1365 and Dahir of 16 September 1954
- 17 Moharrem 1374).

Where a declaration of value does not appear in the bill of lading, the responsibility of the ship-owner and the commanding officer shall be limited to 100,000 Francs per parcel, notwithstanding any agreement to the contrary. Where a declaration of value appears in the bill of lading, such responsibility shall be limited to the value thus declared. ARTICLE 267: The provisions above shall apply to any transport of goods sent to or coming from the ports of Morocco, even though the bill of lading or the transport document is executed abroad, between foreigners, or the parties stipulate that the contract of carriage shall be governed by a foreign law. Any stipulation of this sort shall be null and of no effect. ARTICLE 268: The insertion of clauses not consistent with the provisions above in a bill of lading or any transport instrument shall be punished with a fine from 100 to 200 Francs per infringement; the commanding officer, ship-owner, consignee and agent of the ship shall all be jointly responsible for the payment of such fine.

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ARTICLE 269: Shall be punished with the sentences set forth in article 405 of the French Penal Code whoever, by a statement insincerely made and inserted in the bill of lading, will have misled or tried to mislead a ship-owner or his employees on the nature, value or quantity of the loaded goods. Where the inaccurate statement about the nature, value or quantity of the loaded goods will have been made in good faith, it shall have as a sanction the obligation to pay a double freight. PART II: ON CERTAIN SPECIFIC CONTRACTS CHAPTER ONE: ON TIME FREIGHTING ARTICLE 270: The time freighting contract is a contract by which the ship-owner rents his ship for a given time and for any licit and normal use at the freighters convenience. ARTICLE 271: The freighter may or may not leave the charterer the right to choose or dismiss the commanding officer; he may give up to the charterer the nautical and commercial management of the ship, or just the commercial management. ARTICLE 272: A charterer who has, at the same time, the nautical management and commercial management of the ship shall undertake all provisioning, maintenance repairs, as well as all operation expenses, and assume general average contributions to the load and freight of the ship. ARTICLE 273: If a charterer has, at the same time, the nautical management and commercial management of the ship, the loss of the ship as well as damages, whatever their gravity, shall be borne by the charterer, unless he proves that the loss or damages are due to a sea risk. If the charterer has only the commercial management of the ship, such loss and damage shall be the responsibility of the freighter, unless the freighter proves that the loss or damage is due to the charterers fault. ARTICLE 274: Freight shall be due by the charterer for all the time during which the ship is at his disposal. In the event of capture, judgment or loss of the ship, freight shall be due until the moment when these events occurred. ARTICLE 275: In the event of loss with no news, freight shall be due in full until the date of the last news and, moreover, for half of the time which remained normally to run since the last news until completion of the voyage. ARTICLE 276: If freight is calculated on the basis of time periods, any period started shall be due in full. ARTICLE 277: Freight shall start to run from the day on which the ship is placed at the disposal of the charterer and shall cease to run on the day when the ship is given back, in a state of first load, to the freighter.

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ARTICLE 278: Freight shall not be due for the time during which the charterer is deprived from taking possession of the ship by the act of a power, but it shall continue to run during ships stopping as a result of a navigation event. If ships stopping is due to an act of the freighter or to the state of the ship, no freight shall be due, and damage may be claimed, if any. CHAPTER II: ON PASSENGER TRANSPORT ARTICLE 279: (Modified by Dahir of 14 November 1923 - 4 Rebia II 1342, then Dahir of 24 November
1941 - 5 Kaada 1360).

a. A passenger may not, without the approval of the commanding officer, give up the rights resulting from a transport agreement. b. Any person who fraudulently gets onboard a ship with the intention of making a deep-sea or international coastal crossing shall be punished with a fine from 16 to 500 Francs and an imprisonment from six days to six month, or with one of these two sentences only. In the event of repetition, the fine shall be from 500 to 1,000 Francs and imprisonment from six months to two years. c. Any person who, either on board or on land, supported the embarking or landing of a stowaway, dissimulated or provided him with food without the commanding officers knowledge, shall be punished with a fine from 100 to 3,000 Francs, and an imprisonment from six days to six months. The maximum of these two sentences shall be pronounced with regards persons who got together to facilitate clandestine embarkations. In the event of repetition, the fine shall be from 3,000 to 10,000 Francs and imprisonment from six months to two years. The sentence shall be the double of the maximum with regards persons who got together to facilitate clandestine embarkations. d. Any person, other than civil servants and agents of public services, who penetrate on board a ship without a ticket or an authorization from the commanding officer or the ship-owner, or without being called thereon by operation needs, shall be punished with a fine from 16 to 1,000 Francs. In the event of repetition in the same year, the fine will be doubled and the court may, moreover, pronounce a sentence of imprisonment from three days to one month. e. The provisions of article 463 of the Penal Code are applicable to offences provided for in this article, for the judgement of which the courts of Morocco shall alone have competence.
(Dahir of 22 May 1929 - 12 Hijja 1347).

Any Moroccan who, outside the territory of Morocco, is found guilty of the offence specified above, may be sued and judged in Morocco if the act is punished by the legislation of the country where the offence was committed. No suing shall take place if the accused proves that he was definitively judged in this country and, in the event of judgment, that he underwent or prescribed his sentence or obtained his grace.
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No suing shall take place before the return of the accused to Morocco. f. (Added by Dahir of 8 September 1936 - 20 Joumada II 1355). Expenses arising from expelling out of the Kingdom of Morocco of stowaways of any nationality shall be charged to the ship on board which the offence was committed. The ship which transported stowaways could be retained in the port as long as the amount of these expenses is not paid or as long as a sufficient guarantee is not provided to secure the payment thereof. The ships consignee shall be personally responsible for the payment of the aforesaid expenses. ARTICLE 280: Food expenses of the passenger shall be included in the price of passage, unless otherwise agreed. In this last case, the commanding officer shall provide the passenger with the necessary food at a fair price. ARTICLE 281: The transport of passenger luggage shall be governed by the same provisions as the transport of goods, unless however the passenger has kept the guard thereof, in which case losses and damage to this luggage shall only involve responsibility of the commanding officer if it is proved that the loss or damage was caused by the act of the crew. ARTICLE 282: A passenger shall conform to the instructions of the commanding officer for all that relates to the maintenance of order on board. ARTICLE 283: A passengers belongings which happen to be on board shall be assigned, as a pledge, to the payment of passage money and subsistence expenses, if any. ARTICLE 284: The commanding officer shall, subject to the penalty of termination of the contract and the payment of damage, to transport the passenger to the place of destination indicated in the passage ticket. ARTICLE 285: A passenger who does not get on board in due time, before departure or during the voyage, shall not be exempted from paying the passage money in full, notwithstanding that the commanding officer would have set out or would have continued his voyage without waiting for him. ARTICLE 286: The termination of the contract may be pronounced and the passenger shall be entitled to damage if, by the act of the commanding officer, departure does not take place on the fixed day. ARTICLE 287: When, during the voyage, a passenger disembarks either voluntarily or due to disease, or he suddenly dies, the passage money shall still be due in full. ARTICLE 288: When, as a result of an event of force majeure, the ship does not arrive to destination, the commanding officer shall only be entitled to a refund of maintenance expenses, if any, and the passage money shall only be paid if the commanding officer provides in addition for the transport of the passenger to destination.
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When, on the contrary, the interruption of the voyage arises from a fault of the commanding officer, the commanding officer shall incur all maintenance expenses and shall, moreover, ensure the transport of the passenger to destination, at any price whatsoever. ARTICLE 289: If the commanding officer is compelled to have the ship repaired during the voyage, the passenger shall wait or pay the whole passage money. The passenger shall have a right, for the duration of work, to free housing and to the performance of maintenance-related agreements, unless the commanding officer offers to have the passenger complete his voyage on another ship of the same quality. ARTICLE 290: In the event of an accident to the passenger during the voyage, it shall lay with the passenger to prove that the accident is due to a fault of the ship-owner, the commanding officer or the crew, unless however that an abnormal act which occurred in the operation of the ship does not create a presumption of responsibility for the ship-owner, the commanding officer or the crew. CHAPTER III: ON TOWING ARTICLE 291: The commanding officer of a towed ship, when such ship is endowed with means of propulsion, shall be responsible with respect to third parties for the faults of the commanding officer of the tug-boat, unless he proves that the tug-boat was not in his service. However, he shall preserve, in such case, his right of appeal against the commanding officer of the tug-boat. PART III: SEA RISKS CHAPTER ONE: ON COLLISION ARTICLE 292: In the event of a collision between sea-going ships or sea-going ships and ships of inland navigation, compensation due for damage caused to ships and to things or persons on board shall be settled in accordance with the following provisions, without need to take into account the water where collision took place. ARTICLE 293: If collision is fortuitous, if it is due to a case of force majeure or if there is doubt about the causes of collision, damage shall be borne by those who have sustained them. This provision is applicable if the ships, or only one of them, had been on anchorage at the time of accident. ARTICLE 294: If collision is caused by the fault of one of the ships, the repair of damage shall fall on the one which committed the same. ARTICLE 295: If there is common fault, the responsibility of each ship shall be proportional to the gravity of the respectively committed faults. However, if according to circumstances the proportion cannot be determined or if the faults appear as equivalent, responsibility shall be borne at equal shares.

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Damage caused either to ships, to their cargo or to the belongings or other property of the crew, passengers or other persons on board, shall be borne by the ships at fault, in the aforementioned proportion, without solidarity with regard to third parties. Ships at fault shall be held jointly responsible with regard to third parties for damage caused by death or wounds, except the right of appeal for the ship which paid a share higher than that which, in accordance with the first subparagraph of this article, it should finally incur. ARTICLE 296: The responsibility determined by the preceding articles shall remain if collision is caused by a pilots fault, even when the presence of the latter is obligatory. ARTICLE 297: Action in compensation for damage undergone as a result of a collision shall not be subject to either a protest or any special formality. There shall be no legal presumptions of fault as to the responsibility for collision. ARTICLE 298: Actions in compensation for damage shall be prescribed within two years from the occurrence thereof. The time limit to institute proceedings in appeal provided for in subparagraph 3 of article 295 is one year. Such prescription shall be effective from the day of payment. Causes of suspension and interruption of such prescription are determined by the law of the court with which action is filed. ARTICLE 299: In the event of a collision, the plaintiff shall have the choice to commence proceedings before the defendants court or the court of the ships home port. The court of the first Moroccan port where either of the two ships entered after collision and, if collision occurred within the limit of the territorial waters of Morocco, the court in whose jurisdiction collision occurred, shall also have competence to proceed, at the request of the most diligent party, with any temporary or urgent measures, such as expert valuation or investigations. If necessary, the judge of summary procedures may, by ordinance issued upon simple request, shorten to the extent he deems suitable distance time limits fixed by the Civil Procedure Code; summons to appear shall, if necessary, be addressed to the defendant by telegram, with acknowledgement of receipt, dispatched by the secretary-registrar. CHAPTER II: ON ASSISTANCE AND RESCUE ARTICLE 300 assistance and rescue of sea-going ships in danger, of things on board, of freight and passage money, as well as services of comparable nature delivered among seagoing ships and boat of inland navigation, shall be subject to following provisions, without need to distinguish between these two kinds of services and without need to take into account the waters where they were delivered. ARTICLE 301: Any assistance or rescue act having had a useful result shall give rise to an equitable remuneration.
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No remuneration shall be due if the rescue delivered remains without useful result. Under no circumstances should the sum due exceed the value of the things saved. ARTICLE 302: No remuneration shall be due to persons who took part in the rescue operations in spite of the express and reasonable interdiction of the rescued ship. ARTICLE 303: A tug-boat shall only be entitled to remuneration for assistance or rescue of a ship towed by it, or of the latters cargo, if the services rendered are exceptional and cannot be regarded as a normal fulfilment of the towing contract. ARTICLE 304: Remuneration shall still be due if assistance or rescue took place between ships belonging to the same owner. ARTICLE 305: The amount of remuneration shall be fixed by agreement of the parties, and in default thereof, by the judge. The same goes for the proportion in which such remuneration shall be distributed among rescuers. Distribution among the owner, the commanding officer and other persons in the service of each rescue ship shall be settled by the ships national law. ARTICLE 306: Any assistance and rescue agreement entered into at the time and under the influence of danger may, at the request of either party, be cancelled or modified by the judge, if the latter deems that the agreed conditions are not equitable. In any event, when it is proven that the assent of one of the parties was vitiated by fraud or reserve, or when remuneration is excessive in either part and out of proportion with the service rendered, the agreement may be cancelled or modified by the judge, at the request of the party interested. ARTICLE 307: Remuneration shall be determined by the judge depending on the circumstances, taking as bases: a. In the first place, the success obtained, the efforts and credit of those who participated in the rescue, the danger which the assisted ship, its passengers and crew, rescuers and the rescue ship were facing, time devoted, the expenses and damage incurred, the responsibility and other risks run by rescuers, the value of the equipment used by them, taking into account, if necessary, the special appropriation of the assisting ship; b. In the second place, the things saved. The same provisions shall apply to the distribution provided for in article 305, subparagraph 2. The judge may reduce or cancel remuneration, if it appears that the rescuers, by their fault, made the rescue or assistance necessary, or that they were found guilty of theft, concealment or other fraudulent act.

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ARTICLE 308: No remuneration shall be due by persons saved, without however prejudice to the provisions of the national laws in this respect. Rescuers of human lives who intervened on the occasion of the accident which gave rise to the rescue or assistance are entitled to an equitable share of the remuneration granted to the rescuers of the ship, the cargo and theirs accessories. ARTICLE 309: Action in payment of remuneration shall be prescribed by two years, as from the day on which the assistance or rescue operations are finished.
(2nd subparagraph abrogated by Dahir of 26 July 1922).

ARTICLE 309 (a): (Added by Dahir of 26 July 1922). Any commanding officer shall, as much as he can do it without serious danger to his ship, his crew or his passengers, give assistance to any person, even an enemy, found at sea in danger of getting lost, subject to a fine from 50 Francs to 3,000 Francs and imprisonment from one month to two years, or to one of these two sentences. Article 463 of the French Penal Code shall be applicable to this offence. CHAPTER III: ON AVERAGES ARTICLE 310: Any damage or loss sustained by a ship, cargo and freight, jointly or separately, and any extraordinary expenditure made on their behalf, shall be considered as average. ARTICLE 311: In the absence of special agreements between the parties, averages shall be settled in accordance with the provisions below: ARTICLE 312: Average is of two classes: general average and particular average. ARTICLE 313: Shall be considered as general averages, provided a useful result is accomplished, damage sustained voluntarily and extraordinary expenditure made for the common safety of the ship and the cargo. ARTICLE 314: Shall in particular be considered as general averages, when the conditions set forth by article 313 are met: 1. Things thrown to the sea and damage caused by jettison from the ship and the cargo; 2. Cables, masts and tackles broken or cut, and damage caused by their fall; 3. Abandoned anchors and other objects; 4. Bandages, pledges and food of sailors wounded while defending the ship; 5. Distress call expenditure; 6. Pledges and food of crew at the port of distress; 7. Expenses, losses and damage resulting from extraordinary handling of goods; 8. Expenses of the ship re-floating and assistance, as well as damage resulting from such operations; 9. Damage resulting from a forcing of the sails or machines, but only when this extraordinary operation has been carried out for a re-floating of the failed ship 10. The value of the goods used as fuel to allow for the completion of the voyage;
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11. Damage caused to the ship and the cargo by the measures taken to extinguish a fire. ARTICLE 315: Any expenditure, of any nature whatsoever, made in substitution of another expenditure which has the character of general average, shall itself be considered as general average, but only up to the amount of the expenditure thus avoided. ARTICLE 316: Whoever claims the admission of damage or expenditure as general average must prove that all the constitutive characters of general average are met, and that the damage or expenditure was the direct consequence of common safety measures. ARTICLE 317: A contribution to general average shall be due as long as the ship and the cargo have, the one and the other, been at least partially saved, unless any of them has been entirely sacrificed for the safety of the other. ARTICLE 318: When common danger was the consequence of either an inherent vice of the ship or the goods, or a fault of the commanding officer or loaders, damage and expenditure having the character of general average shall equally give rise to contribution to the benefit of other parties interested. Such parties shall preserve their right of appeal in the amount of contributions paid by them, against those liable for said inherent vice or the fault; the latter may, under no circumstances, claim admission as general average of the their own damage or expenditure. However, a ship-owner who is exempted, by a clause of the charter party or of the bill of lading, from liability for the commanding officers faults may institute a claim for contribution, but only when the common danger was the consequence of a nautical fault of the commanding officer. ARTICLE 319: Objects for which neither a bill of lading has been executed, nor have they been received by the commanding officer, shall not be admitted in general average, if they are sacrificed; nevertheless, they shall contribute, if they are saved. ARTICLE 320: Goods loaded on deck shall contribute, if they are saved. If they are sacrificed, their owner shall only be allowed to file a claim for contribution if he has not given his assent to this loading formula. This last provision is not applicable to the case provided for in the second subparagraph of article 318. ARTICLE 321: Sacrificed goods shall be determined according to the current price in the place of unloading, with their owner being responsible for the freight, but after deduction of unloading expenses, as well as customs duties, if any. ARTICLE 322: The repair costs of the ship or its accessories, admitted in general average, shall be subject to reductions for the differences between new and old. The significance of these reductions shall vary according to the nature of the damaged parts or objects, the mode of repair, the age of the ship, the age of the boilers, without however that these reductions exceed one third of the amount of repairs they are subject to.

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ARTICLE 323: General average shall be borne: - By the sacrificed goods and the saved goods, according to their value in the port of destination, after deduction of unloading expenses, customs duties, as well as freight, unless it is stipulated payable or acquired in any event; - By the ship, on its value in the final port of discharge; - By the freight and passage money in risks for the ship-owner, on two thirds of their gross value. ARTICLE 324: Catering supplies, ammunition of war, belongings and wages of crew members and the luggage of passengers shall not contribute. If they are sacrificed, their value shall be refunded through contribution. ARTICLE 325: The settlement of general average shall be made, save contrary stipulation, in the final port of discharge, in accordance with the law of this port; failing a friendly arrangement between all the parties interested, the court or, in default, the Justice of the Peace shall appoint, at the request of the most diligent party, average adjusters in charged of examining, if necessary, the settlement of general average and, in the affirmative, to implement such settlement. Abroad, such average adjusters shall be appointed by the consul or the local magistrate. Distribution shall be made compulsory by homologation of the court of competent jurisdiction or of the consul. ARTICLE 326: A ship-owner shall have privilege, for the amount of contributions owed to him, on the goods or the price proceeding therefrom within fifteen days from the delivery thereof, if they have not passed in the hands of third parties. Owners of sacrificed goods shall have privilege on the ship, for the amount of contributions incumbent on the ship and the freight in risks for the ship-owner. ARTICLE 327: A commanding officer may refuse to deliver goods until the owners thereof have discharged the amount of contributions they are responsible for, unless said owners provide the commanding officer with adequate guarantee for the payment of such contributions. ARTICLE 328: When, after a shipwreck, only the goods are saved, the freight shall contribute, in two thirds of its gross value, to the rescue expenses of the goods. ARTICLE 329: Any damage or extraordinary expenses which do not meet the conditions set forth in the preceding articles so as to constitute general average shall be considered as particular average. ARTICLE 330: Particular average shall be borne and paid by the owner of the thing which sustained the damage or caused the expenditure. ARTICLE 331 (Abrogated by Dahir of 26 July 1922).

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ARTICLE 332: Any claim for contribution for general average and any action deriving from the freighting contract shall be prescribed within a time limit of one year, effective from the date of goods arrival or, if the goods have not completed their voyage, from the date on which they should normally have arrived. CHAPTER IV: ON THE RESPONDENTIA LOAN ARTICLE 333: The respondentia loan shall be made only to the commanding officer, during the voyage, in order to provide for repair expenses or other needs related to the ship or the cargo. It shall be authorized, in Morocco, by the competent judge; abroad, by the consular authority or, in default thereof, by the local magistrate. ARTICLE 334: The loan shall be made by adjudication under the conditions determined by the magistrate, unless due to circumstances the magistrate authorizes friendly loan. ARTICLE 335: The respondentia loan may be made, jointly or separately, on the ship, on the freight or on the cargo. However, the cargo may only be committed jointly with the ship and the freight, unless the case involves expenditure relating to cargo exclusively. ARTICLE 336: A commanding officer shall not be held personally responsible for the loan if he abided by the authorization conditions. In the contrary case, he will be engaging his personal liability. The owner of the ship assigned to the loan shall be responsible thereof, except the possibility of abandonment provided for in this Dahir. The owners of goods assigned to the loan shall also be responsible thereof, except the possibility of abandoning the same to the lender. ARTICLE 337: Objects on which the loan is made shall be allocated, based on privilege, to refunding the capital and the respondentia premium. ARTICLE 338: If several respondentia loans have been contracted on the same objects, the one of a later date shall have preference over the one which precedes it. Loans of the same date shall preserve the same rank. ARTICLE 339: The instrument of a respondentia loan may be made to a named person, to order or to the bearer. ARTICLE 340: When the instrument of a respondentia loan is made to order, the guarantee of endorsers shall not extend to the respondentia premium, unless the contrary is expressly stipulated. ARTICLE 341: If the objects assigned to the respondentia loan are entirely lost and the loss took place by fortuitous occurrence, barratery of the owner or latent defect, the sum borrowed may not be claimed.
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ARTICLE 342: A lender shall not contribute to particular average of objects assigned to the loan. However, in the event of shipwreck, he shall bear, in the rescue expenses of the objects assigned to the loan, a share proportional to the amount of the credit. ARTICLE 343: In the event of general average, the amount of the loan shall not be added to the contributive values; the settlement of distribution among the ship, the freight and the cargo shall be determined as if there was no respondentia loan. But the lender shall contribute to the discharge of the owners of the objects assigned to the loan, proportionally to the amount of the credit. ARTICLE 344: Any action arising from a respondentia loan shall be prescribed, within two years, effective from the date on which the credit is due. PART IV: ON INSURANCES AND ABANDONMENT CHAPTER ONE: ON THE INSURANCE CONTRACT, FORM AND OBJECT ARTICLE 345: The insurance contract must be executed in writing. It shall state: 1. The date on which the insurance is contracted, and whether before or after noon; 2. The name and domicile of the person who contracts the insurance, for his own account or for the count of another person; 3. Risks which the insurer takes responsibility for, the time on which these risks start and when they finish; 4. The assured sum; 5. The insurance premium or cost; 6. The submission of the parties to arbitration in the event of dispute, if such submission has been agreed. Each one of the parties interested shall be entitled to a certified copy of the insurance policy. ARTICLE 346: Any interested person may provide for the insurance of the ship and her accessories, the fitting-out expenses, food provisions, sailors wages, the freight, sums lent in respondentia and bottomry interest, the goods loaded on board and the profit hoped from such goods, the insurance cost and, generally, all things estimable at a monetary price which are subject to the risks of navigation. Any double insurance shall be prohibited. In all cases of double insurances, if there has been deceit or fraud on the part of the ensured, the insurance shall be null with regard to the ensured only: if there has been neither deceit nor fraud, the insurance shall be reduced, except compensation if any, of the whole value of the object ensured twice; should there be two or several successive insurances, reduction shall apply to the most recent. ARTICLE 347: When the insurance relates to the net freight, the amount of such freight shall, if the contract is silent thereon, be estimated at 60% of the gross freight.

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ARTICLE 348: If the value of goods is not fixed by the contract, they may be justified by invoices and the accounting records; in default, estimation shall be made according to the current price at the time and place of loading, including all duties paid and expenses incurred until arrival on board, the freight acquired in any event, as well as the insurance cost, and, if any, the profit hoped for. ARTICLE 349: If the time of risks is not determined by the contract, it shall run, with regard to the ship and its accessories, from the moment the ship lifted anchors or started until the moment when it is anchored and moored in the port or place of its destination. It shall run, with regard to the goods, from the moment they leave the ground in order to be loaded on the ship or the lighters or barges, until the moment when they are landed at the place of their destination. ARTICLE 350: An insurer may proceed to reinsurance by others of the risks he ensured. The reinsurance premium may be lower or greater than that of the insurance. ARTICLE 351: Should the ensured fall in bankruptcy while the risk is not yet finished, or the premium paid, the insurer may ask for a guarantee and, failing such guarantee, the termination of the contract. The ensured shall have the same rights in the event of the insurers bankruptcy. ARTICLE 352: The sums borrowed under respondentia may not be subject to a contract of insurance. ARTICLE 353: Even in the absence of a fraudulent intention, any reserve or false statement on the part of the ensured, which is likely to decrease the opinion of the risk, shall terminate the insurance. The insurance shall be null even if the reserve or the false statement did not influence the damage or loss of the object assured. The premium shall remain the property of the insurer. CHAPTER II: ON THE OBLIGATIONS OF THE INSURER AND THE ENSURED ARTICLE 354: If the insurance is interrupted by the act of the ensured before the beginning of risks, without such interruption being due to a force majeure or to a just cause, the insurer shall be entitled, as a fixed compensation, half of the premium fixed at the signature of the contract. ARTICLE 355: The risks which the insurer shall be responsible for include: damage and loss caused to objects ensured by storm, shipwreck, stranding, boarding, forced change of route, of voyage or of ship, jettison, fire, explosion, pilfering, piracy, theft committed on board, barratery and, generally, by any sea accident or risk.

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ARTICLE 356: The body insurer shall not be accountable for commanding officers faults having the character of deceit or fraud, when the commanding officer is chosen by the shipowner. ARTICLE 357: The insurer shall not be accountable for appeals exerted against the ensured ship, either for damage caused others property, or for losses of life or wounds. ARTICLE 358: Risks of civil or foreign war shall not be the responsibility of the insurer. If agreed otherwise, the insurer shall be accountable for any damage or loss affecting the objects ensured by hostilities, reprisals, arrests, captures and molestations of any governments, friend or foe, recognized or not recognized, and, generally, by any accidents and fortunes of war. ARTICLE 359: The insurer shall not be accountable for the consequences of the faults or negligence of the ensured or his rightful claimants. Any contrary agreement aiming at guaranteeing gross negligence or fraud shall be null. ARTICLE 360: Damage and loss resulting from the inherent vice of the ensured object shall not be the responsibility of the insurer, except in case of body insurance, if it involves a latent defect of the ship which the most diligent ship-owner could neither foresee nor prevent. ARTICLE 361: An insurance or reinsurance contract entered into for a sum exceeding the value of the ensured objects shall be null, with regard to the ensured only, if it is proven that there has been fraud or deceit on the part of the latter. If there has been neither fraud, nor deceit, the contract shall be valid up to the value of the ensured objects, according to the estimate made or agreed thereon. In case of loss, insurers shall contribute therein in proportion to the sums respectively ensured by them, without prejudice to their rights to damage, if any. The premium shall be proportionally reduced. ARTICLE 362: Should there be two or several insurance contracts entered into without fraud, on the same things, against the same risks, by order of the same interested parties, and that the first in date of these contracts covers the whole value of the things ensured, it is this first contract which shall remain alone. The insurers who signed the subsequent contracts shall be released. Should the whole value of the ensured things not be covered by the first contract, the insurers who signed the subsequent contracts shall be accountable for the surplus, following the order of date of the contracts. If the various contracts ensure together a sum higher than the value of the ensured things and are of the same date, they shall all remain, but there shall remain a reduction proportional to the sum covered by each one of them. In case of insurance on cargo by a floating policy, the order of the dates shall be settled according not to the date of the contract, but to the date of setting at risk of the ensured cargo. Notwithstanding the preceding provisions, insurance entered into by the one at whose risk the ensured things travel shall alone be valid, whatever the date thereof, exclusive of any other insurance which would have been entered into by a third party, for his own account, but without agency or ratification on his part.
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ARTICLE 363: Any insurance taken out after the loss or damage of the ensured things shall be null, if it is proven that the news of the loss or damage arrived to the place where the ensured was before he gave the insurance order, or to the place of signature of the contract before it was signed. ARTICLE 364: If, however, the insurance is taken out on good or bad news, the contract shall only be cancelled upon the proof that the ensured knew about the loss, or the insurer knew about the arrival of the ship, before the signature of the contract. In the event of proof against the ensured, the latter shall pay the insurer a double premium. In the event of proof against the insurer, the latter shall pay the ensured a sum twice the agreed premium. ARTICLE 365: The premium stipulated by the contract, either for voyage insurance or for time insurance, shall be acquired in full by the insurer when he would have started to cover the risks. ARTICLE 366: In case of events likely to give rise to an appeal against the insurer, the ensured shall take or require all conservation or rescue measures which the situation involves. The insurer may, for his part, take or require himself such measures, without his being subject to opposition for having thus made an act of property. He may also take, in on his own behalf, any measures useful to a statement of damage of the ship or the ensured goods, as well as of the causes of such damage. ARTICLE 367: The payment by the insurer of the compensation he is responsible for shall automatically involve subrogation to his profit of all the rights, actions and appeals which the ensured may hold against third parties on account of the loss or damage subject to this payment. An insurer held responsible for the payment of loss or damage for which the responsibility lies with a third party may also, even before payment, act on his own behalf against such third party. ARTICLE 368: In insurances on goods subscribed by the policy known as "floating" or "subscription", the ensured shall make an open cover declaration, throughout the term of the policy and in so much as they are applicable, all forwarding made on his behalf or on behalf of third parties who would have duly given him a power-of-attorney for the insurance. Failure by the ensured to conform to this obligation, any complaint shall be automatically inadmissible, without prejudice for the insurer to demand the payment of premiums related to the forwarding which were not declared. The insurer may, moreover, terminate the contract. The ensured shall make his open cover declarations within three days, exclusive of bank holidays, from the date of his reception of the forwarding notice. When the open cover declaration relates to goods ensured on behalf of a third party, it shall produce no effect, whatever its date, when it is made after the disaster.

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ARTICLE 369: Any damage or loss which does not give rise to abandonment shall be considered as average and shall be settled between insurers and ensured in accordance with the provisions hereafter. ARTICLE 370: The repair costs of the ship or its accessories shall be subject to reductions to differentiate between new and old. The importance of these reductions shall vary depending on the value of the parts or objects damaged, the method of repair, the age of the ship, the age of the boilers, without however that such reductions exceeding one third of the amount of repairs which the ship or accessories are subject to. ARTICLE 371: Pledges and food provisions of crew shall be charged to freight and shall under no circumstances be the responsibility of the insurers of the ship. ARTICLE 372: Contribution to general average shall be borne by insurers, proportionally to the value ensured by them, after deduction, if any, of particular average which they are responsible for. ARTICLE 373: In the settlement of damage to goods, the importance of the damage shall be determined by the comparison between the value that these goods would have had in the wholesome state and their value in the damaged state; the rate of depreciation thus obtained shall be applied to their ensured value. The value of the damaged goods may also be determined by means of a public sale which the insurers or their representatives alone have the right to require. This right shall be theirs even if the goods would have been previously appraised with their approval. In either case, comparison between the wholesome values and the values in the damaged state shall be made on the basis of these values either at the warehouse if the sale or forwarding took place in the warehouse, or upon acquittal if the sale or appraise took place after customs clearance. CHAPTER III: ON ABANDONMENT ARTICLE 374: Abandonment of the ensured ship can be made: 1. In the event of disappearance or total destruction of the ship; 2. When the total amount of repairs to be made to the ship for damage arising from a sea risk exceeds three quarters of its agreed value; 3. When the ship is doomed for lack of material means of repair, but only if it is established that it could not heave up safely, in case of need after lightening or by means of a tug boat, for another port where it could find the resources required, and, moreover, if it is established that the ship-owners could not forward to the port of call the required spare parts which were missing; 4. For lack of news after the expiry of the periods fixed by article 378 above; And, if insurance covers war risks: 5. In the event of capture; 6. In case of seizure by order of power.

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No other case shall give right to abandonment. ARTICLE 375: Abandonment of ensured goods can be made: 1. In case of unseaworthiness of the ship by shipwreck or other sea risk, if, after the time limits fixed hereafter, the goods could not be remade at the disposal of the recipients or the ensured, or at least if their loading on board another ship has not started within the same time limits. These time limits are: - Four months, if the event took place on the coasts or islands of Europe, or on the littoral of Asia or Africa bordering the Mediterranean and the Black Sea, or on the coasts or islands of the Atlantic Ocean outside Europe; - Six months, if the event took place on other coasts or islands. These time limits shall run from the day of notice of unseaworthiness made by the ensured to the insurers. If the event took place at a point where navigation was interrupted by ice or by a cause of force majeure, the time limit shall be extended by the time during which access to the place of the event has been impossible; 2. For lack of news, after the expiry of the periods fixed by article 378; 3. In the event of sale of goods for three quarters at least of their value, when such sale was ordered elsewhere than at the point of departure or of destination due material damage arising from a sea risk at insurers expenses; 4. In case, independently from any expenses whatsoever, the loss or deterioration of the goods absorbs three quarters of their value, determined as set forth in article 373. And if insurance covers war risks: 5. In the event of capture; 6. In case of seizure by order of power. No other case shall give rise to abandonment. ARTICLE 376: Abandonment of ensured freight can be made: 1. In the event of total loss of freight as a result of sea risk; 2. In the event of lack of news after the expiry of the periods fixed by article 378; 3. In the event of capture, if insurance covers war risks. No other case shall give rise to abandonment. ARTICLE 377: If the ship is recognized unseaworthy, the insurer of the goods shall preserve the risks thereof until their arrival to destination and shall, moreover, bear the unloading, storing and re-embarkation expenses of these goods, as well as the freight surplus arising from the re-forwarding thereof and any related rescue expenses.

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ARTICLE 378: Abandonment for lack of news can be made after four months for all ships, after six months for all sailing ships other than those which cross the caps of Horn and GoodHope, and after eight month for these caps. Time limits shall run from the date when the last news was received. The return of the ship, after the expiry of these time limits, shall not exempt the insurance from paying the ensured sum. ARTICLE 379: In the case of limited-time insurance, after the expiry of the periods fixed by article 378, the loss of the ship shall be supposed to have occurred during the term of insurance, provided that the risks began before the date of departure or that of the last news. ARTICLE 380: If war risks are covered, in case of seizure by order of power, the ensured shall give notice thereof to the insurer within three days from the reception of the news. Abandonment of the objects seized may only be made after three months from such notice. This period of notice shall be reduced to one month and half when the objects seized are goods of perishable nature. During the time limits set forth above, the ensured shall make every diligence possible in order to obtain the release of the seized objects. The insurer may, for his part, either in consultation with the ensured or separately, take any steps for the same purpose. ARTICLE 381: Abandonment of ensured objects can be neither partial, nor conditional. It shall only include things which are subject to insurance and to risk. ARTICLE 382: The ensured shall, while performing abandonment, declare all the insurances he took out, made take out or ordered, as well as the sums he borrowed in respondentia, either on the ship, or on the goods; otherwise, the payment time limit, which shall start to run from the day of abandonment, will be suspended until the day on which he will give notice of said declaration, without this resulting in any extension of the time limit fixed for instituting an action of abandonment. In the event of a fraudulent claim, the ensured shall be deprived from the insurance benefit. ARTICLE 383: Once abandonment is notified and accepted, or deemed valid, the objects ensured shall belong to the insurer, as of the day on which the event which gave rise to abandonment occurred. CHAPTER IV: ON DEMURRERS AND REGULATIONS ARTICLE 384: In all accidents likely to give rise to an appeal against the insurer, the ensured shall make known to the ensured the notices which he received, within three days from reception thereof, exclusive of bank holidays.

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ARTICLE 385: The insurer shall pay the compensations he is responsible for within thirty days from the ensureds provision of any supporting documents. He shall not be sued for payment before the expiry of this time limit. Admission of the insurer for proving contrary facts to those submitted in the supporting documents shall not suspend an order for provisional payment of the compensations incumbent on him, with the ensured required to provide a guarantee. The pledge of the guarantee shall extinguish after two full years, if there has been no suing. ARTICLE 386: The insurers of the ship shall have privilege for the amount of insurance premiums made on shell, keel, tackle, fitting-out and equipment of the ship, owed for the last ensured voyage when insurance is taken out for the voyage, or for the last ensured period, when insurance is taken out on a period basis, but up to a maximum of one year of premiums in both cases. ARTICLE 387: The insurers of goods shall have privilege on these goods for the premium amount. ARTICLE 388: The claims of the ensured for damage to goods shall not be admissible if they have not been notified to the insurers or their representatives within one month from the reception of said goods. ARTICLE 389: Any action in abandonment shall be prescribed if it has not been instituted within six month: - In the event of abandonment for total loss or capture, from the reception of news about the loss or capture; - In the event of abandonment for default of news, from the day of expiry of the time limit set forth by article 378; - In the event of abandonment of the goods, for unseaworthiness of the ship or during the voyage, after the expiry of the time limits set forth by article 375; - In the event of abandonment for seizure by order of power, from the day of expiry of the time limit set forth by article 380; - In all other cases of abandonment, from day on which the ensured could benefit from his right to the abandonment. ARTICLE 390: Any other action deriving from the insurance contract shall be prescribed by two years from the date of the enforceability of the claim; unless the creditor justifies that it was impossible for him to act in due time. FINAL PROVISIONS ARTICLE 391: The provisions of Dahir of 7 March 1917 (13 Joumada I 1335) on the merchant navy and the police force of navigation in the Kingdom of Morocco shall be abrogated, as well as any previous provisions contrary to the presents.

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II. ENFORCEMENT TEXTS OF APPENDIX I OF DAHIR OF 31 March 1919 (28 JOUMADA II 1337) ENACTING MARITIME COMMERCIAL LAW.
II.1. MARITIME NAVIGATION 1.a. VIZIRIAL DECREE OF 24 SEPTEMBER 1926 (16 REBIA I 1345) RELATING TO SHIPS TONNAGE MEASUREMENT OPERATIONS (OFFICIAL GAZETTE of 5 OCTOBER 1926). ARTICLE ONE: Tonnage measurement operations provided for in article 8 of Dahir of 31 March 1919 (28 Joumada II 1337) shall be carried out, in addition to their normal duties, by agents of the public works service, specially appointed for this purpose. ARTICLE 2: These agents shall be paid, for each tonnage measurement operation carried out by them, an allowance which shall vary with the gross tonnage of ships, according to the indications hereafter: From 0 to 3 tons ............. From 0 to 10 .................. From 10 to 25 ................ From 25 to 100 .............. From 100 to 500 ............ From 500 to 1000 .......... From 1000 to 5000 ..... Above 5000 .................... 8 Francs 10 Francs 15 Francs 20 Francs 25 Francs 30 Francs 40 Francs 50 Francs.

This allowance shall be paid to them upon presenting the relevant statements certificated by the Head of the Merchant Navy Service. ARTICLE 3: Tonnage measurement operations shall be carried out in accordance with the provisions of Decree of 22 June 1904, modified by decrees of 10 January 1912 and 11 June 1922. ARTICLE 4: In addition to the allowance paid to the agent who will have undertaken the tonnage measurement operations, under the circumstances provided for in article 2 of this decree, the expenses arising from the tonnage measurement of ships, whose refunding shall be required from the owner, shall include the amount of travel allowances which could have been paid from the funds of public works budget to this same agent, on the occasion of the tonnage measurement operations, according to the statutory tariffs, Part III of the Vizirial decree of 10 January 1923 (22 Joumada I 1341) modified by the Vizirial decree of 30 June 1926 (19 Hijja 1344). ARTICLE 5: The recovery of these expenses will be undertaken by the Customs, upon presentation by the debtors of a liquidation statement executed and signed by the Head of the Registration District. The Head of the Registration District will only deliver the tonnage

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measurement certificate to the recipient thereof upon presentation of the receipt for payment delivered by the Customs. ARTICLE 6: The Director General of Public Works and the Director General of Finance shall be responsible, as appropriate, for the enforcement of this decree. 1.b. VIZIRIAL DECREE OF 22 APRIL 1927 (19 CHAOUAL 1345) RELATING TO THE SAFETY OF NAVIGATION ON BOARD SHIPS AND BOATS WHOSE GROSS TONNAGE DOES NOT EXCEED 25 TONS (OFFICIAL GAZETTE OF 10 MAY 1927). PART I: NAVIGATION PERMIT ARTICLE 1: The navigation permit of boats and ships practising maritime navigation, whose gross tonnage does not exceed twenty-five tons, shall be renewed at the same time as the authorization, i.e. on the maturities fixed by article 25 of appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337). The first delivery or renewal of the navigation permit shall take place upon an inspection of the boat or ship for which this document is required. ARTICLE 2: The inspection shall be carried out by the Head of the maritime district or subdistrict, with the assistance of a maritime guard, if any. In default of a maritime guard, the Head of the maritime district may call for the assistance of another agent of the Administration, whose maritime training seems specially targeted. Should the ship or boat be subject to serious damage before the time when the navigation permit must be renewed, the ship or boat must be re-inspected. ARTICLE 3: The inspecting agents shall ensure: 1. That, taking into account the kind of navigation the ship or boat must practise and of the fairways they must regularly call at, the solidity, stability and maintenance conditions of the ship or boat are sufficiently good to allow it to sail normally without danger to the crew; 2. That, if the case concerns a steamer or a boat with another method of mechanical propulsion, the driving apparatus is in a good state of operation; for this statement, the inspecting agents may, if useful, call upon the assistance of a mechanic available on the spot; they shall require that the ship be provided with the necessary equipment to secure propulsion in case of breakdown; 3. That the ship is provided, insofar as it appears useful, with rescue means; they may in particular require that each person finds on board, where necessary, a life jacket; 4. That the ship has the necessary signal lights to be able to announce its presence at night under the lawful conditions; 5. That the crew is numerically sufficient to ensure in a normal way the operation of the ship. ARTICLE 4: The navigation permit could be refused, or the delivery thereof deferred, if the inspecting agents would have on these various points observations to be formulated, in particular when, as a result of a state of outdatedness of the ship, or of the inadequacy of
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rescue means available to it, they would estimate that said ship is not in a position to sail without danger. The inspection shall be mentioned in the crew register and in the vessel registration book. ARTICLE 5: When the case concerns boats or ships which, under the terms of the provisions of article 11 of the above mentioned Dahir of 31 March 1919 (28 Joumada II 1337), are merely required to be in possession of a registration authorization, the Head of the fitting out district shall only ensure, before delivering or renewing this document, through a summary inspection, which could be carried out by the maritime guard, that these ships or boats are in a state to ensure the service for which they are fitted out. ARTICLE 6: The provisions of articles 1 and 2 above are not applicable to ships and boats which undertake the transport of passengers in the roadsteads and ports; the aforementioned ships and boats shall be subject, from the point of view of navigation safety, to the special provisions prescribed by the Director General of public works. ARTICLE 7: Boats and ships fitted out for yachting or the practice of water sports, and which are the property of a nautical company, or whose owners are affiliated to a nautical company, shall not be subject to the control instituted by articles 1 and 2 of this decree. PART II: COMMAND OF SHIPS FITTED OUT FOR SMALL FISHING DELIVERY OF THE LICENSE OF A FISSHING BOSS ARTICLE 8: The license of the fishing boss provided for in article 53 of the above mentioned Dahir of 31 March 1919 (28 Joumada II 1337) could be refused to sailors whose professional incapacity, physical inaptitude or usual intemperance has been recognized, after investigation, if necessary. PART III: INVESTIGATIONS AFTER SHIPWRECK, COLLISION AND OTHER NAVIGATION ACCIDENTS ARTICLE 9: (Modified by Vizirial decree of 24 December 1930 - 3 Chaabane 1349). Following any loss of a ship, a shipwreck or a failure, resulting or not from a collision, as well following any other sea accident, such as a clash against a visible or invisible, known or unknown, obstacle, the commanding officer and, if necessary, the pilot shall file with the higher-ranking merchant navy civil servant with whom they can come into contact a report regarding such event. As soon as he is informed of a shipwreck, a collision or any other navigation accident, the head of the maritime district shall give an account thereof to the head of the merchant navy service which shall convene a meeting of the commission of enquiry provided for in article 56 of Dahir of 31 March 1919 (28 Joumada II 1337) enacting Maritime Commercial Law. ARTICLE 10: This commission is made up of the head of the maritime district in the location of the event and two experts chosen from among those who appear on the lists established pursuant to article 36 of Dahir of 31 March 1919 (28 Joumada II 1337) for the appointment of the committees of ships inspection.
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ARTICLE 11: The inquiry file, which shall include the interrogation of the commanding officer or the owner and the depositions of the witnesses, shall be transmitted as soon as the inquiry is closed to the head of the merchant navy service which shall refer the matter to the Director General of public works. ARTICLE 12: If, with respect to boats of less than twenty-five gross register tons, the loss of the boat is not accompanied by human deaths or wounds, the Director General of Public Works may inflict to the faulty owner a suspension of the possibility to command for a period which said Director General will determine. A suspension thus pronounced shall involve the withdrawal of the fishing boss license. 1.c. VIZIRIAL DECREE OF 17 MAY 1929 (7 HIJJA 1347), ENFORCING THE ESTABLISHMENT AND DETERMINATION OF A WIRELESS TELEGRAPHIC TAX RELATED TO WEATHER MESSAGES ADDRESSED TO SHIPS AT SEA AND TO EMISSIONS USED FOR RADIOGONIOMETRIC BEARINGS (OFFICIAL GAZETTE OF 4 JUNE 1929). ARTICLE ONE: Weather messages and signals used for radio-goniometric bearings could be transmitted by wireless telegraphic stations to ships at sea. ARTICLE 2: Each message or signals emission shall give rise to the collection of a tax of three gold Francs. ARTICLE 3: The Director of Post, Telegraph and Telephone Office and the Director General of Finance shall be entrusted, as appropriate, with the execution of this decree, whose provisions shall be effective from 1 June 1929. II.2. REGISTRATION OF SHIPS 2.a. DAHIR OF 2 May 1933 (7 MOHARREM 1352) RELATIING TO REGISTRATION OF TRADIND SHIPS (OFFICIAL GAZETTE OF 9 JUNE 1933). SINGLE ARTICLE: Only trading ships which are less than twenty-one years old, commencing on the day of their first start-up, can be granted the Moroccan nationality, under the conditions provided for in article 3 of appendix I of Dahir of 31 March 1919 (28 Joumada II 1337) enacting Maritime Commercial Law.
(Added by Dahir of 20 November 1936- 5 Ramadan 1355).

However, the twenty-one year limit provided for in the subparagraph above shall be increased to twenty-five years for the units which will be provided with a certificate of first rating from one of the ship classification companies recognized by government, and which, since the delivery of the last rating certificate, will have undergone, under satisfactory conditions, all the inspections provided for by the regulations of these companies.
(Added by Dahir of 15 December 1946 - 20 Moharrem 1366).

Exemptions from the above provisions may, however, in case of need and until further directive, be granted by the Director of Economic Affairs.

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2.b. DAHIR OF 27 MAY 1935 (24 SAFAR 1354) RELATIING TO REGISTRATION OF FISHING VESSELS (OFFICIAL GAZETTE OF 7 JUNE 1935). ARTICLE 1: Fishing vessels of more than 5 gross register tons can only be granted Moroccan nationality under the conditions provided for in article 3 of appendix I of Dahir of 31 March 1919 (28 Joumada II 1337) enacting Maritime Commercial Law, save exception motivated by considerations relating to fishing ground working needs, if they are less than 4 years old, commencing on the day of their first start-up. ARTICLE 2: The provisions of Dahir of 30 July 1934 (17 Rebia II 1353) extending to fishing vessels the provisions of Dahir of 2 March 1933 (7 Moharrem 1352) relating to the registration of trading ships in the Kingdom of Morocco, are hereby abrogated. 2.c. DECREE OF No. 2-60-388 OF 25 FEBRUARY 1961 (9 RAMADAN 1380) FIXING HOME PORT CODES OF SHIPS REGISTERED UNDER THE MOROCCAN FLAG (OFFICIAL GAZETTE OF 14 APRIL 1961). SINGLE ARTICLE: The prescribed home port codes of ships registered under the Moroccan flag shall consist of numbers allotted in accordance with the table here-attached. PRESCRIBED NUMBERING OF HOME PORTS OF SHIPS REGISTERED UNDER THE MOROCCAN FLAG
MARITIME DISTRICT 1. District of Nador CHIEF TOWN Nador NUMBER ALLOTED 1 SUB-DISTRICT Sadia Ras-Kebdana Torres de Alcala Jebha Wadi Laou Martil Mdiq Fnideq Alcazarseguer Asilah Rabat Mohammedia El-Jadida Essaouira NUMBERS ALLOTTED 1/1 1/2 2/1 2/2 3/1 3/2 3/3 3/5 4/1 5/1 6/1 6/2 7/1

2. District Al Hoceima

Al-Hoceima

3. District of Tangier

Tangier

4. District of Larache 5. Quartier of Kenitra 6. District of Casablanca

Larache Kenitra Casablanca

4 5 6

7. District of Safi 8. District Agadir 9. District of Tarfaya

Safi Agadir Tarfaya

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7 8 9

2.d. DAHIR OF 24 OCTOBER 1962 (24 JOUMADA I 1382) RELATIING TO THE CONDITIONS OF GRANTING OR MAINTAINING MOROCCAN NATIONALITY FOR CERTAIN FISHING VESSELS (OFFICIAL GAZETTE OF 2 NOVEMBER 1962) ARTICLE ONE: Fishing vessels, with a gross tonnage higher than 5 tons and lower than 100 tons, may only acquire or preserve Moroccan nationality if their construction, their partial or total re-conversion, their sale in Morocco, their purchase abroad, or the transfer of their home port has been authorized by the Minister in charge of the merchant navy or by the authority delegated by him for this purpose. ARTICLE 2: The methods of enforcement of this Dahir will be fixed by the Head of the Cabinet or the authority delegated by him for this purpose. 2.e. DECREE OF 4 DECEMBER 1962 - 6 REJEB 1382, FIXING THE METHODS OF ENFORCEMENT OF DAHIR OF 24 OCTOBER 1962 (24 JOUMADA I 1382) RELATING TO THE CONDITIONS OF GRANTING OR OF MAINTAINING MOROCCAN NATIONALITY FOR CERTAIN FISHING VESSELS (OFFICIAL GAZETTE OF 14 DECEMBER 1962). ARTICLE ONE: The authorization provided for in article one of Dahir referred to above of 24 October 1962 (24 Joumada I 1382) shall be applied for: - With regard to new vessels: by the future owner of the ship or his representative duly authorized for this purpose; - With regard to the sales of Moroccan ships: by the salesman; - With regard to the ships to be reconverted or for which the transfer of the home port is requested: by the current fitter out of the ship; - With regard to the purchases or orders of ships abroad: by the future owner of the ship or his representative duly authorized for this purpose. ARTICLE 2: Applications for the authorization shall be submitted to the head of the maritime district of the port where the ship will be operated. These applications, which shall be formulated in a special form delivered by maritime districts, shall include in particular all useful indications on the ships characteristics and on the type of fishing to which it will be designed. ARTICLE 3: The local committees of maritime fishing may issue a motion, called "limitation" with respect to a category of fishing vessels (sardine boats, tuna boats, trawlers, lining vessels, etc) when they estimate that the fleet representing this category is sufficient to meet the needs for their county. ARTICLE 4: The heads of maritime districts will transmit, with their opinion for decision making, to the Head of the Department of the Merchant Navy and Marine Fisheries the prior applications for authorization concerning ships which do not belong to any of the categories having been subject, within the provisions of article 3 above, to a "motion of limitation" by their local committee of marine fisheries.
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Applications for authorization by ships belonging to any category having been subject of such a motion shall be addressed to the Head of the Department of the Merchant Navy and Marine Fisheries, who will transmit the same, for decision making, to the Minister in charge of the merchant navy. Shall also be subject to the decision of the Minister in charge of the merchant navy applications for authorization submitted by future non Moroccan owners. ARTICLE 5: Applications for authorization shall only be rejected by the appropriate authorities referred to in article 4 above for one of the following reasons: a. Over-equipment of the operation port envisaged by the applicant in terms of fishing ships belonging to the same category; b. Accession to the fitter out profession by a non Moroccan person. ARTICLE 6: The Minister in charge of the merchant navy shall be entrusted with the enforcement of this decree. II.3. SAFETY OF MARITIME NAVIGATION A. RADIOCOMMUNICATION: 3.a. DAHIR OF 13 SEPTEMBER 1952 (22 HIJJA 1371) RELATING TO THE RADIOCOMMUNICATIONS SYSTEM ON BOARD MOROCCAN SHIPS AND FIXING THEIR OBLIGATIONS FROM A WIRELESS TELEGRAPHIC AND WIRELESS TELEPHONIC POINT OF VIEW (OFFICIAL GAZETTE OF 9 JANUARY 1953). PART I: AUTHORIZATION AND OPERATION OF RADIOCOMMUNICATIONS INSTALLATIONS ARTICLE 1: No radio-communications installation shall be set up on board a Moroccan ship without an authorization delivered by the Director of the Post, Telegraph and Telephone Office. This authorization shall determine the characteristics and operation conditions of the station. ARTICLE 2: Installations may not be open to operation without the license provided for by the radio-communications regulation annexed to the International Telecommunications Convention. ARTICLE 3: Any radio-communications installation set up on board a Moroccan ship must meet the technical requirements, as well as the set-up and operation rules fixed by decrees of the Prime Minister or the authority delegated by him for this purpose. ARTICLE 4: The operation of radio-communications installations shall be undertaken by qualified personnel approved by, and subject to the control of, the Post, Telegraph and Telephone Office. A decree of the Prime Minister will fix the rules of enforcement of this
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provision; it will indicate in particular the sanctions which could be inflicted to said personnel by the Post, Telegraph and Telephone Office. PART II: SHIPS LIABLE A. RADIO TELEGRAPHY ARTICLE 5: Ships liable: Shall be provided with a wireless telegraphic installation, subject to the exemptions provided for in article 6: a. Passenger ships, whatever their tonnage; b. Cargo and fishing ships and yachts, whose gross tonnage is equal to or higher than 1,600 tons. This obligation may be extended, in exceptional circumstances for reasons of safety, upon a decision of the Head of the merchant navy service, to cargo and fishing ships and yachts with a gross tonnage equal to or higher than 500 tons. ARTICLE 6: Exemptions: The Head of the merchant navy service may grant exemption from the obligation provided for in article 5 of this Dahir in the following cases: 1. To ships provided with a wireless telephonic installation where a wireless telegraphic installation is neither useful, nor necessary to ensure their safety, taking into account the maximum distance to which they will move away the coast, the length of the voyage, the usual absence of serious risks (or the absence of serious and usual risks) on their way and of any other conditions likely to affect their safety; 2. To ships moving only within roadsteads or in sheltered waters, or not moving away more than 5 miles of their port of departure. B. WIRELESS TELEPHONY ARTICLE 7: Liable ships: Must be provided with a wireless telephonic installation, subject to the exemptions provided for in article 8 below, ships other than passenger ships, with a gross tonnage lower than 1,600 tons, but equal to or higher than 500 tons. ARTICLE 8: Exemptions: The Head of the merchant navy service may grant exemptions from the obligation provided for in article 7 above: 1. If the ship is already provided with a wireless telegraphic installation; 2. If the ship moves only within the roadsteads or in sheltered waters; 3. If the road followed and the voyage conditions are such that a wireless telephonic installation is neither useful, nor necessary. PART III: CERTIFICATES AND DOCUMENTS ARTICLE 9: Safety certificates: A certificate called, depending on the case, "wireless telegraphic safety certificate" or "wireless telephonic safety certificate" shall be delivered by
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the merchant navy service to any ship upon a certificate from the Administration of the Post, Telegraph and Telephone Office, stating that the ship meets the regulations of this Dahir and of the enforcement decrees provided for in article 2 above. ARTICLE 10: Period of validity of the certificates: The wireless telegraphic or wireless telephonic safety certificate shall be renewed annually when renewing the sea letter, after a control carried out by the representatives of the Administration of the Post, Telegraph and Telephone Office and of the merchant navy service. ARTICLE 11: Exemption certificates: A certificate called "dispense certificate" shall be delivered by the merchant navy service to any ship to which an exemption is granted in accordance with the regulations of this Dahir. PART IV: INSPECTION AND CONTROL FEES ARTICLE 12: Inspection Fee: Prior to handing-over the sea letter, the station shall be inspected by an agent of the Post, Telegraph and Telephone Office, who shall check whether the installation meets the obligations fixed by the radio-communications regulations. This inspection shall give rise to the payment of a fee whose amount shall be fixed by ministerial decree. ARTICLE 13: Control Fee: The Post, Telegraph and Telephone Office shall also ensure, as often as deemed necessary, the technical control of the personnel and equipment of the ship stations. An annual fee, whose amount shall be fixed by ministerial decree, shall be collected for this control. PART V: VARIOUS PROVISIONS ARTICLE 14: The provisions of this Dahir shall come into effect three months after their publication. ARTICLE 15: On the same date, Dahir of 19 August 1925, relating to the radiocommunications systems aboard ships fitted out or making stopover in a Moroccan port, shall be abrogated. ARTICLE 16: The Director trade and merchant navy and the Director of Post, Telegraph and Telephone Office shall be entrusted, as appropriate, with the enforcement of this Dahir. 3.b. DECREE OF THE MINISTER OF POST AND TELECOMMUNICATIONS OF 24 JANUARY 1957 RELATING TO WIRELESS TELEPHONIC INSTALLATIONS ON BOARD OF SHIPS (TRANSMITTER, AUTO-ALARM). (OFFICIAL GAZETTE OF 22 FEBRUARY 1957). ARTICLE 1: The wireless telephonic installations which 1st, 2nd and 3rd category trading or fishing ships or yachts that meet the definitions below are provided with on an obligatory or elective basis: - Passenger ships, of any tonnage, when they are exempted from having a wireless telegraphic installation;
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- Cargo ships or yachts with a gross tonnage higher than 25 tons, but lower than 1,600 tons; - Fishing vessels with a gross tonnage higher than 25 tons, but lower than 1,600 tons, making sea outings of more than seventy-two hours; shall include an automatic wireless telephonic alarm transmitter emitting the signal whose characteristics are defined in article 2 of decree of 24 January 1957. ARTICLE 2: The preceding provisions shall be applicable: A. to wireless telephonic installations set up after 1 June 1957, upon setting such installations on board; B. to wireless telephonic installations currently in operation or to those which will be set up from now until 1 June 1957, starting from: - 1 December 1957, for ships with a gross tonnage higher than 25 tons, but lower than 100 tons; - 1 September 1958, for all other ships. 3.c. DECREE OF THE MINISTER OF POST AND TELECOMMUNICATIONS OF 24 JANUARY 1957 FIXING THE TECHNICAL REQUIREMENTS WHICH AUTOMATIC WIRELESS TELEPHONIC ALARM TRANSMITTERS MUST MEET. ARTICLE 1: Automatic alarm transmitter. The automatic alarm transmitter is an apparatus intended to allow emission on the distress wireless telephonic frequency (2182 kc/s) of the below alarm signal. ARTICLE 2: Wireless telephonic alarm signal. A. Definitions: The wireless telephonic alarm signal is made up of two elementary, low frequency, significantly sinusoidal signals, transmitted alternatively: - 2200 C/s frequency for the first; - 1300 C/s frequency for the second. Each elementary signal shall be emitted for 250 milliseconds. B. Tolerance: Tolerance on each of the two frequencies equals + 1.5 per 100. Tolerance for the duration of each elementary signal equals + 50 milliseconds and the interval between two successive elementary signals shall not exceed 50 milliseconds. The ratio between the amplitude of the strongest elementary signal and the amplitude of another signal must be ranging between 1 and 1.2. ARTICLE 3: Adaptation of the transmitter to the wireless telephonic transmitter The automatic alarm transmitter shall allow, under normal temperature and feed conditions, the modulation of the carrier wave to a rate of 70% by the weaker of the two elementary signals: - either by electric channel; - or by acoustic channel.

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A. In the first case (electric channel), the starting of the transmitter and its substitution for the microphone shall be ensured in a way as simple as possible. A control of the proper operation of the transmitter shall be possible at all times. B. In the second case (acoustic channel), the microphone shall be fixed in a well defined position compared to the sound source in such way that: - The microphone is protected from ambient noise; - The control switch of the carrier wave, if it is set up on microphone, is blocked in an operation position. ARTICLE 4: Energy sources of the transmitter. A. If the transmitter requires, for its operation, an electric energy source, this source can only be the source which feeds the transmitter. B. If the transmitter requires, for its operation, with a non electric energy source, this source must be autonomous and located at the upper part of the ship. The apparatus must be able to function for three consecutive hours; however, it may be admitted that the implementation of the energy source is subject to a simple intervention from the operator; in this case, each intervention must allow for a continuous operation of the apparatus for at least thirty minutes. ARTICLE 5: Approval tests A. Description: 1. The apparatus under operation is subject during ten minutes to rectilinear vibrations with an amplitude of + 0.5 mm, whose frequency varies slowly and continuously between 2 and 25 pps. This test is repeated three times according to three axes, while the apparatus remains in its normal operation position; 2. The apparatus, being at rest at room temperature, is put in operation so that it transmits the signal during one minute. This test is repeated for various room temperatures between 5 and 45 C and, in the case of apparatuses using an electric energy source, for various feed tensions not deviating more than 10% of the normal tension: 3. The apparatus is subject to an operational test for 6 consecutive hours, during which the room temperature and, possibly, the feed tension are unspecified within the limits specified for the preceding test. B. Results: One must check that: a. no harmful mechanical resonance appears in the apparatus during test No.1; b. tolerances defined in article 2 (paragraph B) are respected: - before test No.1; - at any moment during tests No. 2 and 3. One must also check that, under the same conditions, the tension delivered at the entry of the modulator, either directly or through the microphone, does not deviate by + 10% of its normal value.

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ARTICLE 6: Operating instructions and installation on board: Any apparatus submitted to the approval tests shall be accompanied with a note specifying, in particular, details of operation. At the time of installation on board of the automatic alarm transmitting apparatus, the transmitter plate concerning the procedure to be followed in the event of distress shall be supplemented by provisions concerning the transmission of the alarm signal. B. Titles, documents and safety inspections: 3.d. DECREE NO. 2-63-400 OF 25 OCTOBER 1963 (6 JOUMADA II 1383) RELATING TO DEPARTURE FORMALITIES OF YACHTS (OFFICIAL GAZETTE OF 1 NOVEMBER 1963) ARTICLE ONE: The owner or commanding officer, or their representative, of a Moroccan or foreign yacht who intends to undertake a crossing of more than 50 miles must warn the maritime authority about its departure and its arrival to its port of destination. This formality is obligatory whatever the ships tonnage. If the port of departure is a Moroccan port, the departure notice shall be filed, prior to getting under way, with the Maritime District and the arrival notice shall be addressed by the fastest way, as of arrival to the port of destination or of distress, to the administrator of the Merchant navy, Head of the Maritime District of the port of departure. If the port of departure is a foreign port close to the Moroccan territory, and the port of destination is a Moroccan port, the departure notice shall be addressed by the fastest way to the Head of the Maritime District of the port of destination, and the arrival notice filed, as of ships arrival, at the office of the maritime district of said port of destination or of the distress port. ARTICLE 2: Infringements of the provisions of this decree will be sued in application of article 37(d) of appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337). ARTICLE 3: The Minister of Commerce, Industry, Mines and Merchant Navy shall be entrusted with the enforcement of this decree. 3.e. DECREE NO. 2-63-399 OF 25 OCTOBER 1963 (6 JOUMADA 1383) RELATING TO DEPARTURE DECLARATION OF SHIPS WITH A GROSS TONNAGE LOWER THAN 500 TONS (OFFICIAL GAZETTE OF 1 NOVEMBER 1963). ARTICLE ONE: The provisions of this decree are applicable to ships with a gross tonnage at least equal to 25 tons, but lower than 500 tons. ARTICLE 2: The commanding officer, or his representative, of any Moroccan or foreign trading vessel present in a Moroccan port shall file, at least twenty-four hours in advance, or as of ships arrival if stopover duration is less than twenty-four hours, with the maritime
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district a written declaration mentioning the intended date and hour of getting under way. For service ships, the declaration of departure will not be required when schedule will have been notified in due time to the maritime district office. Any modification to the schedule shall give rise to a declaration of departure. ARTICLE 3: Infringements to the provisions of article 2 of this decree will be sued pursuant to article 37(e) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337). ARTICLE 4: The Minister of Commerce, Industry, Mines and Merchant Navy shall be entrusted with the enforcement of this decree. 3.f. DECREE OF 25 OCTOBER 1963 - 6 JOUMADA II 1383, FIXING THE MAKE-UP AND OPERATION OF THE NAUTICAL SAFETY INSPECTION COMMISSIONS (OFFICIAL GAZETTE OF 1 NOVEMBER 1963). CHAPTER ONE: COMMISSIONS MADE UP FOR THE DELIVERY, RENEWAL, WITHDRAWAL OR SUSPENSION OF SAFETY INSTRUMENTS SECTION I: Central Safety Commission ARTICLE ONE: The Central Safety Commission provided for in article 35 (a) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall meet at the diligence of the Minister in charge of the Merchant Navy or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, who shall fix, in each case, the composition thereof. The persons below shall necessarily form part of the Central Safety Commission, with the right to speak and vote: - The Head of the Department of the Merchant Navy and Maritime Fishing, Chair; - The Head of the Office of Maritime Navigation and Sailors, ex-officio member; - An inspector of Maritime Navigation; - A technician pertaining to a recognized classification company. - For hygiene and habitability issues, the chief consultant of medical control at the borders, as ex-officio member, or his delegate; - For radio-electricity issues, a representative of the radio-electric services of the Ministry of Post, Telegraph and Telephone. The persons below may be appointed as members of the Central Safety Commission, with the right of discussion only, representatives of: - Ministry for National Defence (Royal Navy); - Central Committee of Moroccan Fitters; - Marine Insurance Companies; - Professional Association of Morocco Naval Repairers and Manufacturers; - Professional trade-union organizations of navigating personnel; - Possibly, the public service owner of the ship.
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In addition, the Commission may be supplemented, if necessary, by engineers or experts specialized in the construction or repair of naval equipment, in electricity technique, or in the fire-fighting technique. ARTICLE 2: Commission Members other than ex-officio members shall be chosen: By the Ministers of National Defence and of Post, Telegraph and Telephone with regard to their respective Department; By the Minister in charge of the Merchant Navy, or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, upon proposal of the groupings or organizations concerned, with regard to these groupings or organizations; Possibly, by the Minister in charge of the public service owner of the ship. A civil servant from the Department of the Merchant Navy shall undertake the duties of secretary. ARTICLE 3: Central Safety Commission proceedings shall only be valid if more than half of the deliberating members are present. Commission decisions and opinion shall be taken by a majority of votes. In the event of equality of votes, the presidents vote shall prevail. ARTICLE 4: Prior to making a decision or giving an opinion, the Central Safety Commission may entrust one or more of its members, or any person or organization the Commission may appoint for this purpose, with any examinations, studies, investigations and valuations that it deems necessary. ARTICLE 5: The decisions of the Central Safety Commission shall be notified to the interested parties by the Chair of the Commission. Their implementation shall be supervised by the appropriate inspection commissions, as well as by the navigation inspector of the port where the ship happens to be, or, when applicable, either by one or more Members of the Central Safety Commission, or by such person or such organization appointed by the Chair of the Commission. SECTION II: START-UP INSPECTION COMMISSIONS ARTICLE 6: Each start-up inspection commission provided for in article 36 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: 1. The Merchant Navy Administrator, Head of the Maritime district, chair; - A navigation inspector, who shall chair the commission in case of absence of the Merchant Navy Administrator; - A doctor of maritime health or, in default, an officially agreed doctor by the Minister in charge of the Merchant Navy; - An inspector of radio-electric services where the ship has a radio-electric installation; 2. An expert specialized in electricity technique, in the case of a passenger ship; - An expert specialized in fire-fighting, in the case of a passenger ship; - A representative of fitters; - A representative of marine insurance companies; - An expert pertaining to a recognized classification company. When this expert is not affiliated with the classification company which rated the ship, a representative of the
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classification company, with whose register the ship is registered, shall be admitted, on an advisory capacity, to be a member of the commission. 3. An ocean trade commanding officer or a 2nd class Merchant Navy commanding officer; - A 1st or 2nd class Merchant Navy engineer officer, in the case of a mechanical-propulsion ship or a ship equipped with auxiliary machines; - A 1st or 2nd class radio-engineer officer, in the case of a passenger ship; - A navigating staff representative. ARTICLE 7: Commission Members shall be chosen by the Merchant Navy Administrator, Head of the maritime district, from the lists fixed under the terms provided for in article 41 hereafter. The ship fitter, or his representative, shall be allowed to attend the operations of the commission and to present his observations. ARTICLE 8: The start-up inspection commission shall decide on the delivery or refusal of delivery of: - The navigation permit; - The certificate of wireless telegraphic or wireless telephonic safety; - The certificate of safety for fitting-out equipment in the case a ship which, not being a passenger ship, practises international navigation. SECTION III: ANNUAL INSPECTION COMMISSIONS ARTICLE 9: Each of the annual inspection commission set up under article 36 (a) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: 1. The Merchant Navy Administrator, Head of the maritime district, chair; - an inspector of maritime navigation, who shall chair the commission in case absence of the Merchant Navy Administrator; - a doctor of maritime health or, in default, an officially agreed doctor by the Minister in charge of the Merchant Navy; - an inspector of radio-electric services, where the ship has a radio-electric installation; 2. An ocean trade commanding officer or a 2nd class Merchant Navy commanding officer; - a 1st or 2nd class Merchant Navy engineer officer, in the case of a mechanical-propulsion ship or a ship equipped with auxiliary machines. ARTICLE 10: The Members of the Annual Inspection Commission shall be chosen by the Merchant Navy Administrator, Head of the maritime district, from the lists fixed under the terms provided for in article 41 hereafter. The ship fitter, or his representative, shall be allowed to attend the operations of the commission and to present his observations. ARTICLE 11: If the ship still meets the requirements of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) and of the regulations enacted for its application, the annual inspection commission shall conclude with the renewal of the safety instruments.
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SECTION IV - FOREIGN SHIPS ARTICLE 12: Commissions made up for the delivery of safety instruments to a foreign ship, under the terms provided for in article 37 (d) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), shall be made up as follows: a. In case of a safety certificate for passenger ships: - The Merchant Navy Administrator, Head of the maritime district, chair; - A maritime navigation inspector, who shall chair the commission in case absence of the Merchant Navy Administrator; - An inspector of radio-electric services; - An expert specialized in electricity technique; - An expert specialized fire-fighting; - An ocean trade commanding officer or a 2nd class Merchant Navy commanding officer; - An expert pertaining to a recognized classification company; Moreover, the commission may associate any technician whose contribution would be considered necessary. b. In case of a safety certificate for fitting-out equipment: - The Merchant Navy Administrator, Head of the maritime district, chair; - A maritime navigation inspector, who shall chair the commission in case absence of the Merchant Navy Administrator; - An inspector of radio-electric services; - An ocean trade commanding officer or a 2nd class Merchant Navy commanding officer; c. In case of certificate of wireless telegraphic or wireless telephonic safety: - A maritime navigation inspector, chair; - An inspector of radio-electric services. ARTICLE 13: Commission Members shall be appointed according to the procedure fixed in articles 7 and 10 above. CHAPTER II: COMMISSIONS OF APPEAL SECTION I: COUNTER-INSPECTION COMMISSIONS ARTICLE 14: Each counter-inspection commission set up by article 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: - The Merchant Navy Administrator, Head of the maritime district, chair; - Three qualified experts. ARTICLE 15: When the counter-inspection commission examines the appeal provided for in article 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the experts shall be chosen, depending on the case, from among ocean trade commanding officers, 2nd class Merchant Navy commanding officers, 1st or 2nd class Merchant Navy engineer officer.

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ARTICLE 16: When the counter-inspection commission examines the administrative appeals provided for in article 38 (b) of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the experts shall be selected, depending on the case, from among ocean trade commanding officers, 2nd class Merchant Navy commanding officers or 1st or 2nd class Merchant Navy engineer officer. The counter-inspection commission shall thus include, in addition to the Chair: a. Three deck officers, if the litigation relates to the deck manpower or general staff; b. Three engineer officers, if the litigation relates to machine manpower; c. Two deck officers and one engineer officer, if the litigation relates at the same time to deck manpower, machine manpower and general staff. ARTICLE 17: Complaints against the decisions of the maritime navigation inspector must be justified and addressed directly to the Merchant Navy Administrator, Head of the maritime district. A relevant receipt shall be delivered. ARTICLE 18: The counter-inspection commission shall be convened by the Merchant Navy Administrator, Head of the maritime district. It shall only transact business validly if all the members are present. All necessary investigation means shall be made at its disposal. Its opinions shall be taken with the majority of votes. In the event of equality of votes, the presidents vote shall prevail. Minutes shall be drawn up, signed by the Chair and the experts, summarizing the debates and conclusions of the commission. These conclusions shall be transmitted to the Merchant Navy Administrator, Head of the maritime district who shall make a decision in accordance with the conclusions of the commission, and shall notify his decision to the applicant. ARTICLE 19: The experts mentioned by this section shall be chosen by the Merchant Navy Administrator, Head of the maritime district, from the lists fixed under the conditions provided for in article 41 hereafter, or, in default, from among the Merchant Navy commanding personnel available. SECTION II - HIGHER COMMISSION OF APPEAL WITH REGARDS SAFETY, HABITABILITY, HYGIENE AND SHIPS STORES ARTICLE 20: The higher commission of appeal established by article 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: - a bencher at the supreme court, appointed by the Minister of Justice, Chair; - the Head of the Department of the Merchant Navy and Maritime Fishing, ex-officio member; - the Head of the Office of Maritime Navigation, ex-officio member; - an inspector of Maritime Navigation; - a technician pertaining to a recognized classification company; - two representatives of the fitters or fitting-out companies; - two representatives of the professional trade-union organizations of the navigating crew.

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The commission shall moreover include: a. in case of a safety issue: - a representative of the maritime insurers; - a representative of ship manufacturers. b. in case of an issue relating to habitability, hygiene or ships stores: - the chief doctor of sanitary control at the borders, ex-officio member, or his delegate; - a representative of ship manufacturers. c. in case of an issue relating to radio-electricity: - the director of radio-electric services in the Ministry of Post, Telegraph and Telephone, exofficio member, or his delegate; - a representative of radio-electric industries; - a 1st class Merchant Navy radio-engineer officer, who shall take part in the commissions proceedings with the right of discussion only. The commission may also consult any technician whose contribution would be considered necessary. A Member of the Commission, appointed by the Chair, shall undertake the duties of rapporteur. ARTICLE 21: Commission Members, other than ex-officio members, shall be appointed by the Minister in charge of the Merchant Navy. Representatives of the interested groupings and organizations shall be chosen upon the proposal of these groupings or organizations. Substitute members, in a number equal to that of regular members, shall be appointed under the same conditions as the latter. Where the decisions appealed against emanate from the central safety commission, the members of this commission who take part, under the above provisions, in the higher commission of appeal and who took part in making the decision appealed against shall be replaced by personalities of equivalent competence appointed under the same conditions as the regular members. Any other Member of the higher Commission of appeal who would have taken part in making the decision appealed against would be replaced under the same conditions. A civil servant from the Department of the Merchant Navy and Maritime Fishing shall undertake the duties of secretary. ARTICLE 22: Appeals against decisions taken under the terms of article 35 (b) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be addressed to the Minister in charge of the Merchant Navy. Appeals against the decisions taken under the terms of articles 36 (a), 36 (b) and 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be
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addressed by the Head of the Maritime district, with his observations, to the Head of the Department of the Merchant Navy and Maritime Fishing, who shall transmit them to the Minister in charge of the Merchant Navy. Appeals shall be justified. A relevant receipt shall be delivered. ARTICLE 23: The higher commission of appeal shall be convened by the Minister in charge of the Merchant Navy. It may only transact validly business if half at least of its members are present. The opinions of the commission shall be taken with the majority of votes. In the event of equality of votes, the vote of the Chair shall prevail. ARTICLE 24: The Minister in charge of the Merchant Navy, or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, shall have the file of the appeal completed, if necessary, before convening the commission. He may, for this purpose, take any necessary instruction measure. If the appealed decision would have resulted in preventing a ships departure, the Minister in charge of the Merchant Navy, or the Head of the Department of the Merchant Navy and Maritime Fishing, delegated by him for this purpose, may, upon request of the fitter, authorize departure subject to such reservations which he deems suitable. ARTICLE 25: The author of the appeal shall be notified about the date, hour and place of the higher commission meeting and shall be admitted, upon his request, to be heard either in person or by proxy. ARTICLE 26: The higher commission of appeal may see to it that any investigations or valuations it deems necessary are made. The investigations and valuations may be entrusted to one or more of its members or such persons or organizations appointed by the commission for this purpose. The commission may not appoint, for these investigations, experts having taken part in commission operations which gave rise to the appeal. The result of investigations and valuations shall be recorded in written reports. ARTICLE 27: The opinions of the higher commission of appeal shall be addressed to the Minister in charge of the Merchant Navy who shall deliver his decision and fix, if necessary, deadlines for enforcement. ARTICLE 28: Decisions by which the Minister in charge of the Merchant Navy cancels, contrary to the provisions of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) or of the regulations enacted for its enforcement, the decisions of inspectors of maritime navigation taken under the terms of article 36 (c) of the same text or decisions taken following the proceedings of an inspection or counter-inspection commission shall be subject to the preliminary opinion of the higher commission of appeal. SECTION III - HIGHER COMMISSION OF MANPOWER ARTICLE 29: The higher commission of manpower established by article 38 (b) (last subparagraph) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include:
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- A bencher at the Supreme Court, appointed by the Minister of Justice, Chair; - The Head of the Department of the Merchant Navy and Maritime Fishing, ex-officio member; - An inspector of maritime navigation; - Two representatives of fitters or fitting-out companies; - Two representatives of officers and two representatives of the junior officer sailing staff pertaining to professional trade-union organizations; A member of the Commission, appointed by the Chair, shall undertake the duties of rapporteur. ARTICLE 30: Commission members, other than ex-officio members, shall be appointed by the Minister in charge of the Merchant Navy or the Head of the Management of the Merchant Navy and Maritime Fishing, delegated by him for this purpose. The representatives of groupings or organizations interested shall be chosen upon proposal of these groupings or organizations. Substitute members, in a number equal to that of regular members, shall be appointed under the same conditions as the latter. A civil servant from the Department of the Merchant Navy and Maritime Fishing shall undertake the duties of secretary. ARTICLE 31: Appeal against decisions taken under the terms of article 38 (b) (last subparagraph) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be addressed by the Head of the Maritime District, with his observations, to the Head of the Department of the Merchant Navy and Maritime Fishing, who shall transmit them to the Minister in charge of the Merchant Navy. The appeal shall be justified. A relevant receipt shall be delivered. ARTICLE 32: Articles 23, 24 (first subparagraph), 25, 26, 27 and 28 of this decree are applicable to the appeal instituted before the higher commission of manpower. SECTION IV - REGIONAL COMMISSIONS ARTICLE 33: The regional commission established by article 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: - An administrator of the Merchant Navy, Chair; - An inspector of maritime navigation; - A technician pertaining to a recognized classification company; - A fitter or a representative of a fitting company; - A navigating staff representative; This commission shall moreover include: a. In case of a safety issue: - A representative of maritime insurers; - A representative of ship manufacturers;
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b. In case of a habitability and hygiene issue: - A doctor of maritime health, or, in default, an officially agreed doctor appointed by the Minister in charge of the Merchant Navy; - A representative of ship manufacturers; c. In case of a radio-electricity issue: - A representative of radio-electric industries; - An inspector of radio-electric services. In this last case, the navigating staff representative shall be a radio-electrician officer, licensed by the Merchant Navy. The commission may also consult any technician whose contribution would be considered necessary. ARTICLE 34: The Head of the Department of the Merchant Navy and Maritime Fishing shall appoint the members of the Commission. He shall appoint the representatives of the groupings or organizations interested upon a proposal of these groupings or organizations. Any Member of the Regional Commission who would have taken part in the decision appealed against shall be replaced by a personality chosen within the same categories. A civil servant from the Merchant Navy and Maritime Fishing shall undertake the duties of secretary. ARTICLE 35: The regional commission shall be convened by the Head of the Department of the Merchant Navy and Maritime Fishing. It may only validly transact business if half at least of its members are present. The opinions of the commission shall be taken with the majority of votes. In the event of equality of votes, that of the Chair shall prevail. ARTICLE 36: The appeal against the decisions taken under the terms of articles 36 (a), 36 (b) and 37 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) must be justified and addressed to the Administrator of the Merchant Navy, Head of the Maritime District, by whom the appealed decision was taken. A relevant receipt shall be delivered. ARTICLE 37: The Head of the Department of the Merchant Navy and Maritime Fishing shall, if necessary, supplement the file of the appeal before convening the commission. He may, for this purpose, take any necessary instruction measure. If the appealed decision would have resulted in preventing the ships departure, the Head of the Department of the Merchant Navy and Maritime Fishing may authorize such departure under such reservations which he deems suitable. ARTICLE 38: The author of the appeal shall be notified about the date, hour and place of the meeting of the regional commission and admitted, upon his request, to be heard either in person or by proxy.
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ARTICLE 39: The regional commission may see to it that any investigations or valuations it deems necessary are carried out. The investigations may be entrusted to one or more of its members, or any persons or organizations the commission appoints for this purpose. The commission may not appoint, for such investigations, experts having taken part in the operations of commissions which gave rise to the appeal. The result of investigations and valuations shall be recorded in written reports. ARTICLE 40: The opinions of the regional commission shall be addressed to the Head of the Department of the Merchant Navy and Maritime Fishing who shall decide thereon. CHAPTER III: NON-CIVIL SERVANT MEMBERS OF THE INSPECTION COMMISSIONS ARTICLE 41: The lists mentioned in articles 7, 10, 13 and 19 above shall be fixed annually by the Head of the Department of the Merchant Navy, upon proposals of the interested departments, services, organizations or groupings. ARTICLE 42: The measures necessary for the enforcement of this decree will be taken by a decree of the Minister in charge of the Merchant Navy. 3.g. DECREE OF THE MINISTER OF COMMERCE, INDUSTRY, MINES AND THE MERCHANT NAVY OF 25 OCTOBER 1963 RELATING TO THE VARIOUS FORMALITIES AND CONDITIONS TO BE MET FOR THE DELIVERY AND RENEWAL OF SAFETY INSTRUMENTS AND FOR THE DECLARATION OF DEPARTURE (OFFICIAL GAZETTE OF 1 NOVEMBER 1963). SCOPE OF APPLICATION ARTICLE ONE: This decree is applicable to ships with a gross tonnage equal or higher than 500 tons, registered in the ports of Morocco. DECLARATION OF KEEL LAYING - DECLARATION OF RECONSTRUCTION OR LARGE "RPAIR" LAYING ARTICLE 2: During the construction of any ship, the fitter shall address a declaration of keel laying to the Administrator of the Merchant Navy of the location of construction or, if the ship is built abroad, to the local consular authority. This declaration shall mention the ships principal characteristics and the service for which it is intended. If during construction, the ships principal characteristics or the service for which it is intended are modified, the fitter shall make a new statement. If the fitter intends to have the construction of his ship supervised by a classification company recognized by the Moroccan government in accordance with article 37 (b) of Appendix I of
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Dahir referred to above of 31 March 1919 (28 Joumada II 1337), in order to receive the first rating of the register of such company, he must add to the declaration above-mentioned a certificate by said classification company stating that it has been entrusted with such supervision. When a ship in reconstruction must undergo important work involving changes in the provisions which were subject to a preceding approval, the fitter shall apply, for the performance of this work, the procedure indicated above for the keel laying of a new ship. A relevant receipt shall be delivered for the declaration of keel or reconstruction laying and, if necessary, for the certificate of the classification company. The declarations or certificates above-mentioned shall be established in duplicate. One copy shall be kept by the local maritime authority; the other copy shall be transmitted by this authority to the Chair of the central safety commission. If important repairs involving the ships safety must be undertaken, the fitter shall, in accordance with article 35 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), inform the Head of the Maritime District of the location where the ship happens to be. DELIVERY AND RENEWAL OF SAFETY INSTRUMENTS ARTICLE 3: Safety instruments shall be established and renewed, depending on the case, either by the local maritime authority, or by the Minister in charge of the Merchant Navy or the authority delegated by him for this purpose. The local maritime authority shall deliver and renew navigation permits for ships of all categories, as well as wireless telegraphic or wireless telephonic safety certificates and safety certificates for ship fitting equipment other than for passenger ships. The renewal of the safety certificate of passenger ships which did not undergo any modifications since the delivery or last renewal of such instrument shall also lie with the local maritime authority. The Minister in charge of the Merchant Navy, or the authority delegated by him for this purpose, shall be responsible for the first delivery of safety certificates for passenger ships and the renewal thereof for passenger ships which were subject to modifications since the delivery or last renewal. He shall also deliver exemption certificates. Any application for the delivery or renewal of the various safety instruments shall give rise, on the part of the interested fitter, to the submission of information and documents under the conditions below: SAFETY INSTRUMENT DELIVERED BY THE LOCAL MARITIME AUTHORITY ARTICLE 4: A. Application for the navigation permit or safety certificate for fitting equipment: Any application for the delivery of the first navigation permit and, for ships other than passenger ships, of the first safety certificate for fitting equipment, shall be addressed by the
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ship fitter to the Head of the Maritime District of the port of first fitting-out of this ship; the application shall be accompanied by the receipts referred to in article 2 above. I. Information required: a. For any ship: 1. The ships name and home port; 2. Principal dimensions of the ship, draught amidships, light and at maximum load, and the displacement which should not be exceeded, expressed in tons of 1,000 Kg; 3. The name of the hull manufacturer; the place of construction and the launching date; 4. The kind of service for which the ship is intended (passenger transport, cargo, towing, etc), the kind of navigation it is intended for (ocean trade, coastal traffic, etc) as well as the category of voyage in which it shall be classified; 5. The maximum number of passengers to be transported; 6. The maximum number of crew (deck, machine, general) who can be accommodated on board; 7. The rating allotted or expected for the ship for registration with a recognized classification company, if the fitter wishes to profit from the provisions provided for in favour of ships rated by such company; and, in addition, b. For any ship with mechanical propulsion: 1. For the propelling machines: - Nature, type and number of the machines ensuring propulsion; - Nature and type of the engines; - Maximum capacity in normal service (actual on the line shafting or indicated according to the case), the corresponding number of revolutions. 2. For the principal boilers: - The number, type and distribution in the premises allocated to them; - The nature and type of firing; - Vapour production at the highest rate of combustion; - The number of hearths and burners; - Working pressure and, possibly, overheated vapour temperature produced by the generator; - Total heating surface, including incorporated super-heaters and savers; - Possibly, the grate area per hearth and the total grate area by generator; - Nature and type of air supply of the combustion chambers; - Nature of pulling; - Indication of the water supply system of the generator: type of pumps, water pressure at the outlet side of pumps and water temperature at the entry of the boiler; - Water circulation devices inside the generator; - Vapour production capacity per generator; - Number, location and flow of the safety valves; 3. For the auxiliaries of the propelling apparatus: - Indication of the number, type and characteristics for each one of the services undertaken; 4. For auxiliary boilers: - The same information as for the principal boilers, with an indication for the service undertaken; 5. For safety-related auxiliaries of the hull: - The number, type characteristics for each service undertaken. 6. For under-pressure fluid tanks:
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- The number, type, capacity and pressure for each one of the services undertaken. 7. For each of the above-mentioned machines or apparatuses: - Manufacturers name, as well as the place of construction and the date of their first start-up on board. If the above-mentioned machines and apparatuses have already been used on land or on other ships, it is necessary to specify the date of first operation. In case of a ship newly-acquired abroad, but of old construction, which has received, subsequently to its launching, driving or other apparatuses, new or second hand, the application shall specify the start-up date of these apparatuses as shown in the official documents or those authenticated by the consular authority. II. Documents required: a. For any ship other than a passenger ship: 1. With regard to installations: - Overall plan of the ship, indicating the watertight bulkheads, the decks, deckhouses and superstructures, the means of access and circulation on board, escape ladders as well as the distribution of the various premises; it is necessary to indicate the areas and volumes of the premises assigned to the crew as well as the diagram of their interior installations; 2. With regard to stability and the freeboard: - The layout of hydrostatic curves, as well as any information allowing the commanding officer to make stability and trim calculations which are necessary for him during operation; - Stability forecasts and, prior to operation start-up, the stability test report; - A certified copy of the freeboard certificate; 3. With regard to the pumping means: - The pipe fitting, hold and ballast diagram, specifying the number and location of pumps which serve them; 4. With regard to electrical installations: - The general diagram of the installation, specifying in particular the number, type, tension and power of the generating machines; - The diagram of the main board and the wiring system leading thereto. 5. With regard to radio-electric installations: - Nomenclature of apparatuses and a copy of the approval minutes of these apparatuses; 6. With regard to fire-fighting means: - The fire piping plan, indicating the number, location and characteristics of the pumps, the distribution of flush hydrants; - A diagram of fire suppression installations by vapour or inert gas, with an indication of the volumes of the premises served and the characteristics of gas batteries or steam generators; - A diagram of fire suppression devices in the machines compartments and boiler rooms, with an indication of apparatus types, characteristics and production capacity of the extinguishing agent and the area or volume of the premises served; - A diagram indicating the distribution, nature, type and characteristics of portable or mobile extinguishers; 7. With regard to life saving appliances: - The general diagram of boats installation; - The number, type and characteristics of deck boats and buoyant apparatuses and, if any, a copy of the approval certificates;
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- Cubic capacity and carriage capacity of these boats; - The installation diagram of the davits, with an indication of their characteristics; - A brief description of the (plain) carriage devices, with an indication of the dimensions of the falls; - A copy of the test certificates of boats and davits and, if any, the corresponding certificate of the recognized classification company which supervised their construction; - The approval reference of the heaving line apparatus; - The approval reference of the portable radio apparatus for life boats. b. For any passenger ship: 1. With regard to installations: - Overall plan of the ship indicating the watertight bulkheads, the decks, deckhouses and superstructures, access and circulation means on board, escapes as well as the distribution of the various premises. It is necessary to indicate the area and volume of the premises allocated to the crew as well as the diagram of their interior installation; 2. With regard to subdivision, stability and the freeboard: - The subdivision diagram indicating the position of the tight doors; - The layout of acceptable length curve; - Hydrostatic curve layout as well as any information allowing the commanding officer to make stability and trim calculations which are necessary for him during operation and in case of damage; - Stability forecasts and, before operation start-up, the stability test minutes, curves of the rectification lever arms for transverse slopes in the case of the ship in a light state and with maximum load, with an indication of the positions of the centres of gravity above the zero water line in both cases; - A certified copy of the freeboard certificate supplemented, it is necessary, by an indication of the subdivision load lines; 3. With regard to the pumping means: - A piping diagram of the holds and ballasts, specifying the number and location of the pumps which serve them. 4. With regard to electrical installations: - The general diagram of the installation, specifying in particular: The number, type, tension, power and location of the main and standby generators; The type, tension, capacity and location of the spare battery when the standby generator consists of an accumulator battery; The type, tension, capacity and location of the back-up battery when the installation of such an accumulator battery is in accordance with the regulations; - A diagram of the principal board showing: power supply of the principal bars by the principal generators, the outlets of the load circuits with their identification and specifying, for the feed and outlet circuits abovementioned, the characteristics of interruption apparatuses and of the protective systems against over-currents and short-circuits (in particular the nominal gauge and the interrupting capacity); - A diagram of the stand-by board showing: power supply of the standby bars by the principal board; power supply of the standby bars by the standby generators; the outlets of the load circuits with their identification and specifying, for the feed and outlet circuits above-mentioned, the characteristics of interruption apparatuses and of the
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protective systems against over-currents and short-circuits (in particular the nominal gauge and the interrupting capacity); - a diagram of the safeguard board, when the installation of a safeguard battery is in accordance with the regulations, showing: the outlets of the load circuits with their identification and specifying, for the feed and outlet circuits above-mentioned, the characteristics of interruption apparatuses and of the protective systems against over-currents and short-circuits (in particular the nominal gauge and the interrupting capacity); 5. With regard to the fire fighting means: - The protection subdivision diagram; - The diagram of the detection devices; - Nomenclature and diagrams of the extinguishing devices; 6. With regard to life saving appliances: - The general diagram of boats installation; - The number, type and characteristics of deck boats and buoyant apparatuses and, if any, a copy of the approval certificates; - Cubic capacity and carriage capacity of these boats; - Installation diagram of the davits, with an indication of theirs characteristics; - A brief description of the (plain) carriage devices, with an indication of the dimensions of the falls; - A copy of the test certificates of the boats and davits and, if any, the corresponding certificate of the recognized classification company which supervised their construction; - The approval reference of the heaving line apparatus; - The approval reference of the portable radio apparatus for the life saving boat. III. Approval of documents: The documents above-stated accompanying the application, with the exception of those relating to radio-electric installations mentioned earlier, shall be approved beforehand by the central safety commission and addressed to the Administrator of the Merchant Navy for the start-up inspection commission, at least ten days before the date appointed for such inspection. For fishing vessels having the first rating of a recognized classification company, documents accompanying the application need not be approved, with the exception of the diagram relating to installations. IV. Intervention of classification companies: When a ship fitter intends to profit from the provisions of article 37 (b), second subparagraph, of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), he must produce a certificate delivered by a recognized classification company, stating that the ship has the first rating in its register or, in case of a ship already operating which was purchased abroad, a certificate from this company stating that the ship meets the conditions required for the award of the first rating. In this latter case, the certificate of the above-mentioned classification company shall exempt from handing-over the certificate receipt referred to in article one. If, pursuant to the same article of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the fitter produces certificates delivered by a recognized classification
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company indicating that the ship meets the conditions of its regulations for the award of the special marks of subdivision and fire fighting, the documents mentioned above in subparagraphs 2, 3, 4 and 6 of subdivisions II.a. and II.b. shall be marked with the stamp of the classification company above-mentioned and of the approval of the central safety commission. V. Case of a ship purchased abroad: In the case of a ship already operating which was purchased abroad, the ship fitter may be exempted by the Minister in charge of the Merchant Navy or the authority delegated by him for this purpose, after taking the opinion of the central safety commission, from sending the documents mentioned above in subparagraphs 2, 3, 4 and 6, subdivisions II.a. and II.b., provided that he can produce an international safety certificate, valid at the purchase date of the ship, in case of a passenger ship, or a safety certificate for the fitting equipment, in case of a ship other than a passenger ship having accomplished international voyages, which certificates shall be valid at the purchase date of the ship. In this same case, the information mentioned above in subdivisions I and II shall, as much as possible, be given. Moreover, for a ship with mechanical propulsion, the fitter must provide: 1. An overall diagram of installation of driving and evaporating apparatuses; 2. Official documents or documents authenticated by the Moroccan consular authority, if they are issued abroad, stating the start-up operation date of driving and evaporating apparatuses existing on board and, for a ship having the first rating in the register a recognized classification company, a certificate issued by said company, stating that the driving and evaporating apparatuses meet the conditions required for the award of this first rating. B. Renewal of the navigation permit or the safety certificate for fitting equipment: In support of the applications for renewal of the navigation permit or the safety certificate for fitting equipment submitted in the cases provided for in articles 34 (first and second subparagraphs) and 35 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the ship fitter shall provide the Administrator of the Merchant Navy, Head of the Maritime District, with the following information: 1. The points on which the indications that he provided in support of previous applications for the navigation permit might have been modified; 2. The date on which he wishes to submit his ship to inspection; 3. The date of the last annual inspection; 4. The date of the last dry inspection; 5. The date of re-operation of the principal and auxiliary boilers, as well as the date of their last hydraulic test. Moreover, if the date of the next dry inspection does not fall due at the moment of the application for renewal, the fitter shall state whether he wishes to subject the hull to examination of the inspection commission established by article 36 (b) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337). When the ship is rated with the register of a recognized classification company, the fitter need not provide the information indicated in the preceding subparagraph, but he must provide a
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document delivered by the above-mentioned classification company establishing that the ship still has the first rating. When the ship is subject to the special inspection provided for in article 36 (b), 5th subparagraph of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the fitter shall provide, in his application for inspection, details of the repairs or transformations performed. He shall indicate the date on which he wishes to submit his ship to the commission for observation of the proper completion of the repair or transformation work. If the ship is rated with the register a recognized classification company, the fitter shall produce a certificate emanating from said company, stating that the work has been carried out under the control of the company and, if any, that the first rating was maintained. C. Application for a certificate of wireless telegraphic or wireless telephonic safety: Any application for the delivery of the first certificate of wireless telegraphic or wireless telephonic safety shall be addressed by the ship fitter to the Administrator of the Merchant Navy, Head of the Maritime District of the ships port of first fitting. In his application, the fitter shall provide the following information and documents: 1. The ships name and home port; 2. The ships gross tonnage; 3. A copy of the minutes of acceptance of the radio-electric apparatuses and, possibly, of the radio compass by the Post, Telegraph and Telephone Administration; 4. The ships navigation zones and schedule of human listening in accordance with article 9 of Vizirial Decree of 13 September 1952 (22 Hijja 1371) relating to the mode of radiocommunications aboard Cherifian trading and fishing ships and yachts. D. Application for renewal of the certificate of wireless telegraphic or wireless telephonic safety: In support of an application for renewal of the certificate of wireless telegraphic or wireless telephonic safety submitted in the case provided for in article 35 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337), the fitter shall provide the Administrator of the Merchant Navy, Head of the Maritime District, the following information: 1. The points on which the indications that he provided in support of previous applications for certificates of wireless telegraphic or wireless telephonic safety might have been modified; 2. The date on which he wishes to submit his ship to inspection; 3. The date of the last inspection of the radio-electric installations carried out by the appropriate administration.

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Safety instruments delivered by the Minister in charge of the Merchant Navy or the authority delegated for this purpose ARTICLE 5: A. Application for a safety certificate for any passenger ship: Any application for the delivery of the first safety certificate shall be addressed by the ship fitter to the central safety commission. When a ship which is not intended for the transport of passengers undergoes modifications to be transformed into a passenger ship, an application for the safety certificate shall be made on the occasion of said modifications. I. Information required for any passenger ship: In support of any application for a safety certificate, the fitter of a passenger ship shall provide the following information in due time: 1. The nature of the voyages to which the ship will be assigned; 2. The maximum number and distribution (passengers and crew) of the people embarked. II. Information required for any passenger ship with mechanical propulsion: 1. For propulsion machines: - Nature, type and number of machines ensuring propulsion; - The number and type of engines; - Maximum capacity in normal operation (actual on the line shafting or indicated according to the case) and the number of corresponding revolutions; - If necessary, an explanatory note on the start-up installation of machines with internal combustion propulsion. 2. For the principal boilers: - Their number, their type and their distribution in the premises where they are assigned; - The nature and type of heating; - Vapour production at the highest rate of combustion; - The number of hearths and burners; - Working pressure and, possibly, the temperature of the overheated vapour produced by the generator; - Heating area, super-heaters and savers not included; - Total heating area, including incorporated super-heaters and savers; - Possibly, the grate area per hearth and the entire grate area by generator; - The nature and type of air supply of combustion chambers; - The nature of the towrope; - An indication of the water supply system of the generator: type of pumps, water pressure at the outlet of pumps and water temperature at the entry of the boiler; - Water circulation devices inside the generator; - Vapour production capacity per generator;
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- The number, location and flow of the relief valves. 3. For auxiliaries of propelling apparatus: - An indication of the number, type and characteristics for each one of the services undertaken. 4. For auxiliary boilers: - The same information as for the principal boilers, with an indication of the service undertaken. 5. For safety-related auxiliaries of the hull: - The number, type and characteristics for each service undertaken. 6. For fluid tanks under pressure: - The number, type, capacity and pressure of each service undertaken. 7. For each of the above-mentioned machines or apparatuses: - Manufacturers name as well as the place of construction and date of first operation on board. In the event the above-mentioned machines and apparatuses would have already been used on land or on board other ships, it is necessary to specify the date of their first operation. In case of a ship newly acquired abroad, but of old construction, having received subsequently to its launching driving or other apparatuses, new or second hand, the application shall specify the date of operation start-up of these apparatuses as it appears in official documents or documents authenticated by the Moroccan consular authority. III. Documents to be submitted by any passenger ship: The following documents shall be provided at the request of the fitter before completion of work or assembly of installations on board: 1. With regard to installations: The ships general plans, indicating the watertight bulkheads, decks, roofs and superstructures, means of access and circulation on board, escapes as well as the distribution of the various premises. It is necessary to indicate the areas and volumes of the premises allocated to the crew as well as the diagram of their interior fitting; 2. With regard to openings: a. The plan of the openings in the watertight subdivision, with an indication of the remote controls; b. The development plan of the outside plating, with an indication of openings and closing mode; 3. With regard to subdivision, stability and freeboard: a. A plan indicating the distribution, volume and allocation of compartments, premises and capacities; b. Layout of the double bottom ballast tank;
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c. Layout of the subdivision decks, the layout of the over-immersion line and the layout of the curves of acceptable lengths and invadable lengths in the various cases of operation considered; d. Hydrostatic curves, hull shapes and the various compartments and capacities taken into account for the determination of subdivision and of stability conditions in case damage; e. Stability forecasts and, prior to operation start-up, a copy of the minutes of the stability test; f. Calculation of operation criterium and permeability of the various compartments and capacities; g. Calculation of stability for the various cases of invasion considered; h. Layout of the curves of displacement and stability of the untouched ship as well as any information allowing the commanding officer to make all calculations of stability and trim which are necessary to him for operation and, in case of damage, the curves of the arms of the rectification lever for transverse slopes in cases of the ship in a light state and with maximum load, with an indication of the locations of the centres of gravity above the zero water line; i. A certified copy of the freeboard certificate; 4. With regard to the pumping means: a. The piping diagram of holds and ballasts, specifying the number and location of pumps which serve them; b. Indication of the characteristics of pumps, the diameters of collectors and principal connections; 5. With regard to electrical installations: a. General outline of the electrical installation: - The number, type, tension, power and location of main and standby generators; - The type, tension, capacity and location of the spare battery when the standby generator station consists of an accumulator battery; - The type, tension, capacity and location of the spare battery when the installation of such a accumulator battery is according to regulations; b. A diagram of the main board showing: - Power supply of the principal bars by the principal generators; - Outlets of the load circuits with their identification, specifying, for feeding circuits and outlets above-mentioned, the characteristics of interruption apparatuses and protective systems against over-currents and short-circuits (in particular nominal gauge and breaking capacity); c. A diagram of the standby board showing: - Power supply of the standby bars by the standby generators; - Power supply of the standby bars by the main board; - Outlets of the load circuits with their identification, specifying, for feeding circuits and outlets above-mentioned, the characteristics of interruption apparatuses and protective systems against over-currents and short-circuits (in particular nominal gauge and breaking capacity); d. A diagram of the standby board, when the installation of a spare battery is according to regulations, showing: - Outlets of load circuits with their identification, specifying, for feeding circuits and outlets above-mentioned, the characteristics of interruption apparatuses and protective systems against over-currents and short-circuit (in particular nominal gauge and breaking capacity);

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e. Diagram of a longitudinal view of the ship, indicating division into fire sections, location of the bulk-head deck and, moreover, the location of: - Principal arteries: light, ventilation power, heating, etc; - Standby arteries; - Principal divisional boards; - Standby board and its connections to the principal board; - Remote stopping bodies required; - Possibly, Standby board; f. Diagram of the devices designed for power supply of draining pumps; g. Technical Notice of the building site, giving all information on the installation, in particular on the nature of the isolated drivers which make up the drains, as well as, in the case of an installation with alternative current, on the estimated value of the short-circuit current which can be established, taking into account the installation conditions in each feeding circuit or outlet connected to the principal bars, and the breaking capacity of the corresponding apparatus of protection. 6. With regard to radio-electric installations: - Nomenclature of the apparatuses and copies of the approval minutes of these apparatuses; 7. With regard to fire fighting means: - A fire bulk-head diagram, with all useful indications concerning the location and type of partitions and decks, entourages of staircases, of wells, drums, etc, the method(s) employed, allocation of premises, area of large premises and small islands; - Copies of the minutes partition, door and deck tests, cut fire of each type; - Plans of openings in fire fighting partitions (doors, ventilation ducts, windows, port-holes, etc) with their closing means; - Copies of the minutes of materials, deck coverings and furnishing objects tests; - Ventilation plans, with an indication of the ventilator stopping means (devices designed for the ventilation of the compartments containing accumulator batteries must be indicated); - Network plans of warning apparatuses; - Plans of fire detection installations, with the type and distribution of apparatuses and the diagram of electrical installation; - Plans of detection and extinction devices by spray water, with the type and distribution of the apparatuses and the diagram of piping, pumps and electrical circuits; - Fire network plans, indicating the number, location and characteristics of pumps, the distribution of flush hydrants, piping layout; - Plans indicating the distribution and arrangement of fire cupboards; - Plans of extinction devices by vapour or inert gas (with calculations in proof of the flow); - Plans of foam-based extinction devices (with calculations in proof of the flow); - Plans of extinction devices or means in the machine premises; - Plans indicating the type and distribution of extinguishers. 8. With regard to life-saving appliances: a. The general plan of boats installation; b. The number, type and characteristics of the floating boats and appliances on board and, if any, a copy of the approval certificates; c. Cubic capacity and transport capacity of these boats; d. Installation plan of the davits, with an indication of theirs characteristics;
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e. A brief description of the feeding (plain) devices, with an indication of fall dimensions; f. A copy of the test certificates of boats and davits and, if any, the corresponding certificate of the recognized classification company, following the construction thereof; g. The approval reference of the heaving line apparatus; h. The approval reference of portable radio apparatus for rescue boat. In case of a ship already in operation and having an international safety certificate, valid on the date of its purchase, the Minister in charge of the Merchant Navy may, upon the opinion of the central safety commission, exempt the fitter from the provision of some of the documents enumerated in Subdivision III of this article. Among the documents above-mentioned, those enumerated in subparagraphs 2, 3(a)-(h) inclusive, 4, 5 and 7 must be submitted for the examination a recognized classification company, prior to being sent by the fitter to the central safety commission. The plans, updated subsequent to possible observations the central safety commission, shall be transmitted to said commission by the fitter at least 15 days before the actual operation start-up of the ship. B. Renewal of the safety certificate: If no modification has been introduced in the ship since the delivery of the last safety certificate, the application for the renewal thereof shall make a statement in this sense in an express manner. The application shall be addressed to the Administrator of the Merchant Navy of the port, venue of an annual inspection commission where the ship happens to be. If the ship underwent modifications since the delivery of the first safety certificate or since its last renewal, the application for the renewal thereof shall be addressed to the central safety commission. In support of this application, a declaration of the fitter shall be provided, indicating the modifications introduced in the ship since the delivery of the last safety certificate. C. Exemption Certificate: Any application for an exemption certificate, made under the terms of Rule 4 (Chapter One), Rule 3 (Chapter III), Rules 5 and 6 (Chapter IV) of the 1948 International Convention, shall be addressed to the Minister in charge of the Merchant Navy or his delegate, with an explanatory memorandum of the application. Safety instrument for a foreign ship: ARTICLE 6: Safety instruments may be delivered to a foreign ship attending a Moroccan port at the request of the Government of the country where the ship is registered, provided that this country has adhered to the 1948 International Convention on the safeguard of human life at sea and the 1930 International Convention on load lines. The request shall be made by the representative of such Government in the same forms as if the ship were Moroccan.

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Declaration of Departure: ARTICLE 7: The commanding officer of any Moroccan or foreign ship, or their representative, shall make a declaration of departure at the office of the maritime district at least twenty-four hours before departure or upon arrival of the ship, if the latters intended stay is less than twenty-four hours. Foreign ships which take on board passengers in Moroccan ports shall be subject to the same obligations as Moroccan passenger ships. Particular conditions: ARTICLE 8: The information and documents enumerated above shall be made in Arabic, French or Spanish. However, for foreign ships referred to in article 6 and for those purchased or built abroad, they may be in English. They shall be clear, legible and written in a manner consistent with the standards in use. They shall be transmitted to the central safety commission during ships construction within the shortest time limits compatible with the coordination of site work. They shall comprise, if any, observations they might already be subject to on behalf of the central safety commission. 3.h. DECREE NO. 2-63-398 OF 7 NOVEMBER 1963 (19 JOUMADA II 1383) DETERMINING THE APPLICABLE SYSTEM IN TERMS OF NAUTICAL SAFETY TO SHIPS WITH GROSS TONNAGE LOWER THAN 500 TONS (OFFICIAL GAZETTE OF 22 NOVEMBER 1963). ARTICLE ONE: This decree shall determine, with regard to monitoring during construction, the organization of inspections and the delivery of safety instruments, the system applicable to ships with a gross tonnage lower than 500 tons. However, for the application of this decree, shall be considered as passenger ship any ship with a gross tonnage: - Equal to or higher than 25 tons, carrying more than twelve passengers; - Lower than 25 tons carrying more than six passengers. Yachts shall not be regarded as passenger ships. SAFETY INSTRUMENTS ARTICLE 2: 1. Any Moroccan ship with a gross tonnage lower than 500 tons shall be provided with: a. a "navigation permit", delivered by the Administrator of the Merchant Navy, Head of the Maritime District, when the ships gross tonnage is equal to or higher than 25 tons, or by the Navigation Inspector, when the ships gross tonnage is lower than 25 tons; However, for any ship with a gross tonnage lower than 10 tons, the navigation permit may be replaced by a mention affixed to the navigation instrument by the Navigation Inspector or the Coastguard, depending on the case, certifying that the ship is in a position to set sail;

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b. a "free-board certificate ", delivered by a recognized classification company, for ships with a gross tonnage equal to or higher than 25 tons, or by the Navigation Inspector for ships with a gross tonnage lower than 25 tons; c. a "wireless telegraphic or wireless telephonic safety certificate", delivered by the Administrator of the Merchant Navy, Head of the Maritime District, if the ship is compelled to have either a wireless telegraphic installation, or a wireless telephonic installation. 2. Any Moroccan passenger ship with a gross tonnage lower than 500 tons shall, moreover, be provided with: a. a "safety certificate" delivered by: - The Head of the Department of the Merchant Navy and Maritime Fishing or the authority delegated by him for this purpose, when the ships gross tonnage is equal to or higher than 25 tons; - The Administrator of the Merchant Navy, Head of the Maritime District, when the ships gross tonnage is lower than 25 tons. b. If necessary, an "exemption certificate", delivered by the Head of the Department of the Merchant Navy and Maritime Fishing or by the authority delegated by him for this purpose. 3. No safety instrument shall be required for sport or race crafts with a gross weight lower than 250 kilogrammes. LOCAL SAFETY COMMISSION ARTICLE 3: Plans and documents enumerated by the decree of the Minister in charge of the Merchant Navy No. 519-63 of 25 October 1963 relating to the various formalities and conditions to be met for the delivery and renewal of safety instruments and for the declaration of departure shall be approved, with regard to ships to which this decree is applicable in each inspection centre of maritime navigation, by a local safety commission whose make-up and operation shall be fixed in article 4 hereafter. However, plans and documents of passenger ships with a gross tonnage equal to or higher than 25 tons shall remain subject to examination by the central safety commission established by article 35 (b) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337). The same shall go for plans and documents of passenger ships with a gross tonnage lower than 25 tons, if they have to transport more than 50 passengers. In the event of dispute, the decisions taken by the local safety commission shall be referred to the central safety commission within fifteen clear days from the date of notification of the decision appealed against. MAKE-UP AND OPERATION OF COMMISSIONS ARTICLE 4: The ships referred to in this decree shall be subject to the provisions of the decree referred to above No. 2-63-397 of 25 October 1963 (6 Joumada II 1383) which are not in contradiction with the provisions hereafter: 1. Local Safety Commission: The Local Safety Commission provided for in article 3 above shall include:
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- The Administrator of the Merchant Navy, Head of the Maritime District, Chair; - The Inspector of Maritime Navigation; - A 1st or 2nd class engineer officer of the merchant navy; - A doctor of maritime health or, in default, an officially agreed doctor by the Minister in charge of the Merchant Navy, for hygiene and habitability issues; - An expert pertaining to a recognized classification company. The deliberations of the Local Safety Commission will only be valid if half of the members are present. The decisions shall be made with a majority of votes. In the event of equality of votes, the vote of the Chair shall prevail. Prior to making its decision or giving an opinion, the Local Safety Commission may have one or more of its members carry out any examinations, studies or investigations that the Commission deems necessary. The decisions of the Local Safety Commission shall be notified to the party interested by the Commission Chair. The implementation thereof shall be supervised either by the appropriate inspection commissions, or by the Inspector of Maritime Navigation, or else by any person appointed by the Local Safety Commission. 2. Operation Start-up Inspection Commission: Start-up Inspection Commissions provided for in article 36 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: a. For ships with a gross tonnage equal to or higher than 25 tons: - The Administrator of the Merchant Navy, Head of the Maritime District, Chair; - An inspector of maritime navigation, who shall chair the Commission in case of absence of the Administrator of the Merchant Navy; - A doctor of maritime health or, in default, an officially agreed doctor by the Minister in charge of the Merchant Navy; - An Inspector of radio-electric services where the ship has a radio-electric installation; - A representative of fitters; - A representative of marine insurance companies; - An expert pertaining to a recognized classification company; - An ocean trade commanding officer or a 2nd class commanding officer of the merchant navy or, in case of a fishing vessel, a fishing commanding officer or a fishing skipper; - A 1st or 2nd class engineer officer of the Merchant Navy in case of a ship with mechanical propulsion or equipped with auxiliary machines; - A subordinate sailing staff representative in case of a trading or fishing ship; b. For ships with a gross tonnage lower than 25 tons and equal to or higher than 10 tons: - An inspector of maritime navigation, Chair; - A 1st or 2nd class engineer officer of the Merchant Navy if the ship is provided with mechanical propulsion; - A coastguard. c. For ships with a gross tonnage lower than 10 tons: - An inspector of navigation in case of a passenger ship or a ship with mechanical propulsion; - A coastguard.

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3. Annual Inspection Commission: Annual Inspection Commissions provided for in article 36 (b) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall include: a. For ships with a gross tonnage equal to or higher than 25 tons: - The Administrator of the Merchant Navy, Head of the Maritime District, Chair; - An Inspector of Maritime Navigation, who shall chair the commission in case of absence of the Administrator of the Merchant Navy; - A doctor of maritime health or, in default, an officially agreed doctor by the Minister in charge of the Merchant Navy; - An ocean trade commanding officer or a 2nd class commanding officer of the Merchant Navy or, in case of a fishing vessel, a fishing commanding officer or a fishing skipper; - A 1st or 2nd class engineer officer of the Merchant Navy in case of a ship with mechanical propulsion or equipped with auxiliaries machines; - An inspector of radio-electric services where the ship has a radio-electric installation; b. For ships with a gross tonnage lower than 25 tons: The make-up of the Annual Inspection Commission shall be the same as that provided for in the second paragraph, subparagraphs b. and c. of this article for the operation start-up inspection commission. However, in ports far away from navigation inspection centres, the Head of the Department of the Merchant Navy and Maritime Fishing may entitle an ocean trade commanding officer or, in default, a 2nd class commanding officer of the Merchant Navy to replace the Inspector of Maritime Navigation with regard to annual inspections referred to in this subparagraph b. ARTICLE 5: Upon a presentation of a certificate from the mechanic certifying the good maintenance state of the ship, yachts unfit part of year and parked under conditions favourable to their good conservation may be exempted from annual inspections, but shall remain subject to a triennial inspection including a dry examination of the hull. ARTICLE 6: Commanding officers of ships with a gross tonnage lower than 25 tons shall be exempted from holding the special register on which must be transcribed inspection minutes. ARTICLE 7: In ports far away from the inspection centres, departure inspections established by article 36 (c) of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) may, in default of an inspector of maritime navigation, be carried out by a civil servant from the Department of the Merchant Navy and Maritime Fishing, delegated for this purpose by the Head of said Department. This civil servant shall have the authority to stop any ship which, by its state of maintenance, its defective stability, conditions of loading or any other reason provided for by the regulations on nautical safety, would not be in a position to take sea without danger to the crew or people embarked. The civil servant shall notify his decision to the services in charge of dispatching the ship or authorizing its exit of port and shall at once warn the Head of the Maritime District he is reporting to thereof. The Head of the Maritime District shall decide on the maintenance or lifting of the interdiction.

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ARTICLE 8: The Minister of Commerce, Industry, Mines and Merchant Navy shall be entrusted with the enforcement of this decree. 3.i. DECREE NO. 2-64-054 OF 21 MAY 1964 (13 MOHARREM 1384) FIXING THE RATES OF FEES AND TRAVELLING ALLOWANCES ALLOCATED TO NON CIVIL SERVANT MEMBERS OF THE INSPECTION COMMISSIONS OF TRADING AND FISHING SHIPS AND YACHTS (OFFICIAL GAZETTE OF 3 JUNE 1964). ARTICLE ONE: Non civil servant members of the inspection commissions of trading and fishing ships and yachts provided for by Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be entitled to fees whose rate shall be determined in accordance with the table annexed to this decree. ARTICLE 2: Travel allowances which non civil servant members of the inspection commissions enumerated in the list annexed to this decree may have a claim to shall include the refunding of their travelling expenses and the payment of a lump daily allowance. ARTICLE 3: The travelling expenses referred to in the preceding article shall be refunded according to 1st class tariffs on railroads or, in default, on public automobile transport. Should their residence not be served by railroads or public automobile transport, non civil servant members of the inspection commissions shall receive a kilometric allowance in the conditions and according to the rates fixed by the applicable regulations for civil servants of the Kingdom for the distance ranging between the residence and the closest station. ARTICLE 4: The lump daily allowance referred to in article 2 above shall be calculated under the conditions and according to the rates fixed by the applicable regulations for civil servants of the Kingdom. For this purpose, the non civil servant members of the inspection commissions shall be divided into two categories. The first category shall be comparable to civil servants belonging to Group I, the second category to civil servants belonging to Group II. ARTICLE 5: Fees and travel allowances shall be paid to the persons interested by the fitter of the inspected ship, upon presentation of briefs drawn up by the heads of maritime districts and approved by the Head of the Department of the Merchant Navy and Maritime Fishing. ARTICLE 6: The Under-Secretary of State in Commerce, Industry, Mines and Merchant Navy shall be entrusted with the enforcement of this decree which shall be published in the Official Gazette. II.4. MARITIME MORTGAGES 4.a. VIZIRIAL DECREE OF 4 MAY 1920 (14 CHAABANE 1338) FIXING THE FEE RATES TO BE COLLECTED IN TERMS OF MARITIME MORTGAGE (OFFICIAL GAZETTE OF 11 MAY 1920). SINGLE ARTICLE: Operations relating to maritime mortgages shall give rise, in the benefit of agents entrusted therewith, in compensation of the responsibility incurred by them, to the
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collection of remittances and wages payable in advances by the applicants, whose rate shall be fixed as follows: a. Remittance shall be 1 per 1000 of the capital of the credits giving rise to mortgage, regardless of the number of ships on which mortgage is registered. In the event of renewal of mortgage registrations, the remittance shall be calculated according to the same rules; b. Wages shall be 1 Franc: 1. For the registration of each mortgage required by a cover sheet, regardless of the number of creditors; 2. For each statement, either of change of residence or subrogation, or of one and the other by the same instrument; 3. For each registration annulment; 4. For each registration extract or for each certificate of non registration; 5. For the transcription of the minutes of seizure. It shall, moreover, be specified that each registration cover sheet may only apply to one ship and that in the event of a change of residence, subrogation or annulment, a distinct statement shall also made per registration. 4.b. DECREE NO. 2-73-454 OF 10 JANUARY 1975 (27 HIJJA 1394) RELATING TO THE REGISTRY OF MARITIME MORTGAGES (OFFICIAL GAZETTE OF 22 JANUARY 1975, p.87). ARTICLE ONE: Maritime mortgage registry created by the Vizirial Decree of 5 February 1923 (18 Joumada II 1341) shall be attached to the Department of the Merchant Navy and Maritime Fishing. ARTICLE 2: The duties of Registrar shall be exercised, in accordance with the applicable legislation, by the Director of the Merchant Navy or, in case his absence or an impediment, by a Deputy Registrar. The Deputy Registrar shall be appointed by the Minister in charge of the Merchant Navy from among civil servant of the highest rank in the central services of the Department of the Merchant Navy and Maritime Fishing. ARTICLE 3: The maritime mortgage Registrar and Deputy Registrar shall deposit a guarantee of ten thousand Dirhams (MAD 10,000) each. ARTICLE 4: The Vizirial Decree of 5 February 1923 (18 Joumada II 1341) abovementioned is hereby abrogated. ARTICLE 5: The Minister of Commerce, Industry, Mines and Merchant Navy shall be entrusted with the enforcement of this decree which shall be published in the Official Gazette.

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II.5. MARINERS 5.A. DAHIR OF 21 JANUARY 1922 (22 JOUMADA I 1340) MAKING COMPULSORY, FOR MOROCCAN MARINERS, THE HOLDING OF AN INDIVIDUAL MARITIME BOOKLET (OFFICIAL GAZETTE OF 7 FEBRUARY 1922). ARTICLE 1: Any Moroccan actually sailing or intending to join a maritime profession shall avail himself with a maritime booklet after the model deposited in the offices of the agents of the Merchant Navy, Heads of Maritime Districts of Morocco. ARTICLE 2: The maritime booklet shall be delivered by the Heads of Maritime Districts, upon request of the interested person and provision by him of two 4x5 photographs and any of the following documents: 1. Birth certificate or extract of birth certificate; 2. Judgement of a civil status stating court; 3. Attested affidavit; 4. Extract of police records, containing all necessary indications on place, birth date and filial status of the applicant; 5. Military record of the various war bodies (riflemen, etc). ARTICLE 3: Attested affidavits shall be delivered by the Moroccan authorities in the jurisdiction of Moroccans interested. The affidavits shall be approved by the controlling authorities; extracts of attested affidavits or certificates standing therefore shall be delivered free when the request is made by it the heads of maritime districts, on behalf of a Moroccan. ARTICLE 4: The delivery of the maritime booklet and its possible replacement on request by the mariner shall give rise to the collection of a royalty whose rate shall be fixed by a decree of the Director in charge of the Merchant Navy, with agreement of the Director of Finance. However, a Moroccan mariner shall receive free a new booklet, if it is proved that the one he was in possession of was lost during a sea event. ARTICLE 5: In each maritime district, a control of booklets distributed shall be held by means of a register called "Register of Moroccan mariners". ARTICLE 6: The maritime booklet is a personal property of the person interested; it shall be neither lent nor assigned. It shall be stamped by the heads of maritime districts at each embarking or disembarking. The loss a booklet must be immediately notified to the service of the Merchant Navy. ARTICLE 7: The maritime booklet shall be presented at any request of the maritime authorities in carrying out of their duties; commanding officers of ships flying the Moroccan flag shall check that mariners are in possession of such booklet. ARTICLE 8: A Moroccan mariner who fails to conform to the regulations of this Dahir, who, without valid reasons, is unable to present his booklet, who has lent his booklet to another Moroccan, who has used a booklet other than his or who has falsified or made use of a falsified, found or robbed booklet will be punished with a 6-15 day imprisonment and a fine from 16 to 100 Francs or with one of these two sentences only.
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ARTICLE 9: Taking cognizance of these maritime offences lies with the jurisdictions of common law, in accordance with the provisions of the Disciplinary and Penal Code of the Merchant Navy (Appendix II of Dahir of 31 March 1919 - 28 Joumada II 1337, Part III, Article 16). Offences provided for in the preceding article shall be stated by the agents of the Merchant Navy or by judicial police officers and agents. ARTICLE 10: Articles 18, 25 and 26 of the Disciplinary and Penal Code of the Merchant Navy above-mentioned are applicable to the infringements provided for in article 8 above. But the prescription time limits shall run from the day of consumption of the various offences provided for and punished by this Dahir. 5.b. VIZIRIAL DECREE OF 7 APRIL 1934 (22 HIJJA 1352) FIXING THE PROPORTION OF MARINERS OF MOROCCAN NATIONALITY WHO MUST BE EMBARKED ABOARD SHIPS FITTED UNDER THE MOROCCAN FLAG (OFFICIAL GAZETTE OF 4 MAY 1934). ARTICLE 1: (Modified by the decree of 23 March 1957 - 21 Chaabane 1376, then the decree of 8 December
1959 - 7 Joumada II 1379).

The proportion of mariners of Moroccan nationality who must be embarked aboard ships flying the Moroccan flag, pursuant to the provisions of paragraph (d) of article 3 of Appendix I of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be fixed as follows: a. For trading ships: half of the crew, including the commanding officer and officers. b. (Modified by decree No. 2-61-174 of 30 May 1961 - 14 Hijja 1380). 1. For sardine boats: the totality of the crew, including the fishing skipper or the commanding officer and officers, if any; 2. For trawlers: eight tenth of the crew, including the fishing skipper or the commanding officer and officers, if any; 3. (Modified by Vizirial Decree of 23 November 1943 - 24 Kaada 1362). For fishing vessels other than those referred to above: half of the crew, including the fishing skipper or the commanding officer and officers, if any. c. For tug boats and other harbour crafts: half of the crew, including the owner or the commanding officer and officers, if any. For the determination of the proportion to be observed, the personnel of the various services on board (deck, engine and, if any, general service) shall be globally considered. ARTICLE 2: The provisions of article one are not applicable to boats provided with an authorization called registration authorization, whose crew is lower than five men, nor to yachts. ARTICLE 3: Exemptions from the rules fixed in article one of this decree could be granted in the event of duly noted shortage of Moroccan mariners capable of holding the relevant vacancies.
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5.c. DECREE OF 12 MARCH 1959 (2 RAMADAN 1378) REGULATING THE PROPORTION OF MOROCCAN MARINERS TO BE EMBARKED ON SHIPS FITTED FOR HIGH-SEA FISHING, REGISTERED WITH THE MARITIME DISTRICT OF TANGIER (OFFICIAL GAZETTE OF 27 MARCH 1959). ARTICLE 1: The proportion of mariners of Moroccan nationality who shall be embarked on board ships fitted for high-sea fishing, flying the Moroccan flag, registered with the maritime district of Tangier, shall be fixed at 60% of the total crew, including the commanding officer and the officers. ARTICLE 2: Exemptions from the rules provided for in article 1 of this decree could be granted in the event of shortage, duly noted, of Moroccan mariners capable of holding the relevant vacancies. 5.d. DECREE OF 25 FEBRUARY 1961 (9 RAMADAN 1380) FIXING THE REQUIREMENTS TO COMMAND AND HOLD THE POSITIONS OF DECK OFFICER AND MECHANICS ASSISTANT ABOARD TRADIND AND FISHING SHIPS (OFFICIAL GAZETTE OF 14 APRIL 1961). ARTICLE ONE: To hold on board a trading or fishing ship, flying the Moroccan flag, the positions: a. on deck: of commanding officer or fishing skipper, of second commanding officer, lieutenant or cadet; b. on the engine: of chief engineer, second engineer, chief engineer of the watch or cadet, It is necessary to be of Moroccan nationality and to meet the requirements fixed in the table annexed to this decree. Special provisions will determine, if necessary, by decree of the Minister in charge of the Merchant Navy, the conditions which will be required of deck and engine officers embarked on ships fitted for offshore or coastal fishing. ARTICLE 2: On a purely transitory basis, and the established rules in article one above notwithstanding, the positions enumerated in this article may be held in the event of recognized need by Moroccans holding a license immediately lower than those required or, in default, by foreigners holding licenses, diplomas, statements of success in examination or certificates, which would have been recognized as equivalent to these credentials. A decree of the Minister in charge of the Merchant Navy will fix the conditions under which, depending on the cases, the Head of the Department of the Merchant Navy and Maritime Fishing or the heads of maritime districts will have competence to decide on applications for exemptions provided for in the subparagraph above. ARTICLE 3: For the enforcement of this decree, special navigations (piloting, towing, etc) shall be comparable, depending on the case, to inshore navigation, coastal traffic, seagoing navigation or ocean trade.

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ARTICLE 4: The Minister of Commerce, Industry, Mines, Craft Industry and Merchant Navy shall be entrusted with the enforcement of this decree. TABLE FIXING THE CREDENTIALS AND CONDITIONS REQUIRED FOR EXERCISING COMMAND AND HOLDING THE POSITIONS OF DECK AND ENGINE OFFICER ABOARD TRADING OR FISHING SHIPS

POSITIONS
A. POSITIONS OF COMMANDING OFFICER OR SKIPPER

CREDENTIALS AND CONDITIONS REQUIRED

Trading Navigation Ships Fitted: (a) For ocean trade............

Master's certificate for ocean trade

To have completed a training course of twenty-four months of navigation as first mate or lieutenant on board ships fitted for ocean trade or near sea traffic. To have completed a training course of thirty-six months of navigation at least as first mate or lieutenant on board ships fitted for ocean trade or coastal traffic. To have completed the training course provided for above, paragraph (a), for ocean trade. To have completed twenty-four months of navigation at least as officer.

b) For near sea traffic.......

2nd class Master's certificate of the merchant navy

Ships with a gross tonnage equal to or higher than 5,500 tons............

Master's certificate for ocean trade

c) For coastal traffic: Ships with a gross tonnage higher than 250 tons and making regular crossings exceeding 100 miles....... d) For inshore navigation: Ships with a gross tonnage higher than 25 tons.........

2nd class Master's certificate of the merchant navy

3rd class Master's certificate of the merchant navy

To evidence twelve months of navigation in the deck speciality and in fairways where command must be exercised. To evidence twenty-four months of navigation. To be at least twenty-four years old and evidence twenty-four months of actual navigation as professional sailor. If the boat is assigned to the

Ships with a gross tonnage ranging between 25 and 6 tons.................... Boats with a gross tonnage lower than or equal to 6 tons

Skipper's certificate merchant navy

of

the

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transport of passengers, the skipper shall, moreover, be holder of a special licence delivered for this purpose by the department of the merchant navy. Fishing Navigation Ships fitted: a) For deep-sea fishing: Ships with a gross tonnage higher than 150 tons Ships with a gross tonnage lower than or equal to 150 tons Fishing captains certificate or 2nd class Master's certificate of the merchant navy To evidence twenty-four months of navigation as first mate for deepsea fishing or offshore fishing.

Fishing skippers certificate or 2nd class Master's certificate of the merchant navy Fishing skippers certificate or 3rd class Master's certificate of the merchant navy Coastal fishing skippers certificate

To evidence twelve months of navigation for fishing.

b) For offshore fishing Ships with a gross tonnage higher than 75 tons Ships with a gross tonnage lower than or equal to 75 tons c) For coastal fishing Ships with a gross tonnage higher than 25 tons Ships with a gross tonnage lower than or equal to 25 tons
B. POSITIONS OF FIRST OFFICER, LIEUTENANT OR CADET

To evidence twelve months of navigation as first mate for offshore fishing

Coastal fishing skippers certificate or skippers certificate of the merchant navy Fishing skippers certificate

To justify twelve months of navigation as first mate for fishing.

Trading Navigation Ships fitted: 1. For ocean trade: a) Passenger ships First officer First and second Lieutenant

Master's certificate for ocean trade Lieutenant certificate for ocean trade 2nd class lieutenant certificate of merchant navy

Other officers

b) Cargo ships 132

First officer First lieutenant

Master's certificate for ocean trade Lieutenant certificate for ocean trade 2nd class lieutenant certificate of merchant navy

Other officers

2. For near-sea traffic: a) Passenger ships First officer Lieutenant certificate for ocean trade Lieutenant certificate for ocean trade 2nd class lieutenant certificate of merchant navy

First lieutenant

Other officers

b) Cargo ships First officer Lieutenant certificate for ocean trade 2nd class lieutenant certificate of merchant navy

Other officers

3. For coastal traffic: First officer or other position as deck officer 4. For inshore navigation: All positions of deck officer To be at least twenty-four years old, present sufficient professional guarantees and evidence four years of navigation, including at least twelve months in the fairways which the ship will take. 3rd class Master's certificate of merchant navy

5. On all ships: Positions deck cadet Cadet certificate for ocean trade or 3rd class certificate of the merchant navy 133

- Fishing Navigation Ships fitted for deep-sea fishing: First officer Fishing skippers certificate or 2nd class lieutenant certificate of the merchant navy Fishing skippers certificate or 2nd class lieutenant certificate of the merchant navy Cadet certificate for ocean trade or 2nd class certificate of the merchant navy To evidence twelve months of navigation for fishing.

Lieutenant

Positions of deck cadet

C. POSITIONS OF THE ENGINE

Ships whose propelling apparatus develops a maximum total power: a) Equal to or higher than 4,000 CV: Chief engineer engineer and second 1st class Mechanics assistant certificate of the merchant navy 2nd class Mechanics assistant certificate of the merchant navy or 1st class lieutenant mechanic certificate of merchant navy

Other Mechanic assistant officers of the watch

b) Lower than 4,000 CV but equal to or higher than 2,000 CV: Chief engineer 1st class Mechanics assistant certificate of the merchant navy 2nd class Mechanics assistant certificate of the merchant navy or 1st class lieutenant mechanic certificate of merchant navy 1st class lieutenant mechanic certificate of merchant navy To evidence twenty-four months of navigation as officer of the watch on ships whose power is equal to or higher than 1,000 CV

Second engineer

Other Mechanic assistant officers of the watch c) Lower than 2,000 CV but equal to or higher than 1,000 CV:

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Chief engineer

2nd class Mechanics assistant certificate of the merchant navy 1st class lieutenant mechanic certificate of merchant navy 3rd class Mechanics assistant certificate of the merchant navy or 2nd class lieutenant mechanic certificate of merchant navy To evidence eighteen months of navigation as officer of the watch.

Second engineer

Other Mechanic assistant officers of the watch

d) Lower than 1,000 CV but equal to or higher than 300 CV: Chief engineer 3rd class Mechanics assistant certificate of the merchant navy 3rd class Mechanics assistant certificate of the merchant navy or 2nd class lieutenant mechanic certificate of merchant navy Practical mechanics certificate To evidence twenty-four months of navigation as second engineer.

Second engineer

Other Mechanic assistant officers of the watch e) Lower than 300 CV but equal to or higher than 100 CV: Chief engineer Second engineer f) Lower than 100 CV: g) On all ships: Positions of cadet Mechanic

Practical mechanics certificate Driving licence Driving licence

1st or 2nd class Cadet Mechanic certificate

Without conditions

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5.e. DECREE OF 25 FEBRUARY 1961 FIXING THE CONDITIONS OF DELIVERY OF THE DIPLOMAS REQUIRED FROM COMMANDING OFFICERS, SKIPPERS, FIRST MATES OR LIEUTENANTS, AS WELL AS CHIEF ENGINEER AND MECHANICS ASSISTANTS ON TRADING AND FISHING SHIPS. (OFFICIAL GAZETTE OF 14 APRIL 1961). ARTICLE ONE: Certificates, licences and permits established by article 53 of Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall be delivered under the conditions below: A. DECK CERTIFICATE OF COMPETENCY ARTICLE 2: Ocean Trade Master's Certificate: The Ocean Trade Master's Certificate shall be delivered to candidates having passed a technical and applied examination. Candidates for the Ocean Trade Master's Certificate must meet concurrently the following requirements: a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation exercised during thirty-six months at least on ships fitted for ocean trade or near sea navigation, including at least twenty-four months in the capacity of officer of the watch; c. To be holding the diploma of lieutenant to ocean trade. ARTICLE 3: Diploma of Lieutenant to Ocean Trade: The Diploma of Lieutenant to Ocean Trade shall be delivered without examination, at their request, to candidates concurrently meeting the following requirements: a. To be twenty-one full years old at the date of application; b. To provide evidence of twenty-four months of active and professional navigation, including six months at least in the capacity of cadet or of officer of the watch; c. To be holding the diploma of cadet to ocean trade. ARTICLE 4: Diploma of Cadet to Ocean Trade: The Diploma of Cadet to Ocean Trade shall be delivered after an examination. Candidates to the Diploma of Cadet to Ocean Trade must meet concurrently the following requirements: a. To be at least eighteen years old and of not older than twenty-three years on 31 December of the year during which the examination takes place; b. To have attended the courses of the National School of Merchant Navy Officers or a similar institution recognized and authorized by the Department of the Merchant Navy; c. Candidates holding the diploma of 2nd class lieutenant may have direct access, after sitting for a special examination, to the second year of the course preparing for the Diploma of Cadet to Ocean Trade. ARTICLE 5: 2nd Class Master's Certificate: The 2nd Class Master's Certificate shall be delivered to candidates having passed an applied examination. Candidates to the 2nd Class Master's Certificate must meet concurrently the following requirements:

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a. To be twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation, of which thirtysix months at least exercised on ships fitted for ocean trade, near sea traffic, coastal traffic or offshore fishing; c. To be holding the diploma of ocean trade lieutenant or 2nd class lieutenant. ARTICLE 6: 2nd Class Lieutenant Certificate: The 2nd Class Lieutenant Diploma shall be delivered to candidates either automatically, or after an examination, under the conditions fixed below: 1. 2nd Class Lieutenant Diploma shall be delivered without examination, at their request, to candidates meeting concurrently the following requirements: a. To be twenty-one full years old at the date of the application; b. To provide evidence of twenty-four months of active and professional navigation, including six months at least in the capacity of cadet or of officer of the watch; c. To be holding an ocean trade cadet diploma or 2nd class cadet diploma; 2. 2nd Class Lieutenant Diploma shall be delivered to candidates meeting conditions (a) and (c) above, providing evidence of twelve months of navigation in the capacity of cadet or of officer of the watch, and who have, moreover, passed a special examination. ARTICLE 7: 2nd Class Cadet Certificate: The 2nd Class Cadet Diploma shall be delivered after an examination in theory. Candidates to the 2nd Class Cadet Diploma must meet concurrently the following requirements: a. To be at least nineteen years old and not older than twenty-four years on 31 December of the year during which the examination takes place; b. To have attended the courses of the National School of Merchant Navy Officers or a similar institution recognized and authorized by the Department of the Merchant Navy. ARTICLE 8: 3rd Class Master's Certificate: The 3rd Class Master's Certificate shall be delivered to candidates having passed a special examination. Candidates with 3rd Class Master's Certificate must meet concurrently the following requirements: a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation, of which thirtysix months at least in deck speciality. ARTICLE 9: Merchant Navy Skipper Certificate : The Merchant Navy Skipper Diploma shall be delivered to candidates having passed an examination of professional aptitude. Candidates to the Merchant Navy Skipper Diploma must meet concurrently the following requirements: a. To be at least twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of twenty-four months of active and professional navigation, of which at least sixteen months in deck speciality.

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B. FISHING CERTIFICATE OF COMPETENCY ARTICLE 10: Fishing Masters Certificate: The Fishing Masters Certificate shall be delivered to candidates having passed two examinations: one is theoretical, the other practical. Candidates for the Fishing Masters Certificate must meet concurrently the following requirements: a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation on ships fitted for ocean trade, near sea navigation, coastal traffic, offshore fishing or high-sea fishing, including at least twenty-four months in the capacity of officer of the watch; c. To be holding, at least, the Ocean Trade Lieutenants Diploma or the 2nd Class Lieutenants Diploma, 3rd Class Master's Certificate, or the Fishing Skippers Certificate. ARTICLE 11: Fishing Skippers Certificate: The Fishing Skippers Certificate shall be delivered to candidates having passed a special examination. Candidates for the Fishing Skippers Certificate must meet concurrently the following requirements: a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of forty-eight months of active and professional trading or fishing navigation, including at least thirty-two months in deck speciality. ARTICLE 12: Inshore Fishing Skippers Certificate: The Inshore Fishing Skippers Certificate shall be delivered to candidates having passed a special examination. Candidates for Inshore Fishing Skippers Certificate must meet concurrently the following requirements: a. To be at least twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of eighteen months of active and professional fishing navigation, including at least twelve months in deck speciality. ARTICLE 13: Fishing Skippers Certificate of Competency: The Fishing Skippers Certificate of Competency shall be delivered to candidates having passed a professional capacity examination. Candidates for the Fishing Skippers Certificate of Competency must meet concurrently the following requirements: a. To be at least of twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of eighteen months of active and professional fishing navigation, including at least twelve months in deck speciality. C ENGINE CERTIFICATE OF COMPETENCY ARTICLE 14: 1st Class Mechanics Assistant Diploma: The 1st Class Mechanics Assistant Diploma shall be delivered to candidates having passed an examination. Candidates the 1st Class Mechanics Assistant Diploma must meet concurrently the following requirements:

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a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation as part of the engine personnel, including at least twenty-four months in the capacity of officer of the watch; c. To be holder of 1st Class Mechanics Lieutenant Diploma. ARTICLE 15: 1st Class Mechanics Lieutenant Diploma: The 1st Class mechanics Lieutenant Diploma shall be delivered without examination and at their request to candidates concurrently meeting the following requirements: a. To be at least twenty-one full years old on the date of the application; b. To provide evidence of twenty-four months of active and professional navigation, including six month at least in the capacity of mechanics cadet or officer of the watch as part of the engine personnel; c. To be holder of 1st Class Mechanics Cadet Diploma. ARTICLE 16: 1st Class Mechanics Cadet Diploma: The 1st Class Mechanics Cadet Diploma shall be delivered to candidates after an examination. Candidates for the 1st Class Mechanics Cadet Diploma must meet concurrently the following requirements: a. To be at least eighteen years old and not older than twenty-three years on 31 December of the year during which the examination takes place; b. To have attended the courses of the National School of Merchant Navy Officers or a similar institution recognized and authorized by the Department of the Merchant Navy; c. Candidates holding the 2nd Class Mechanics Lieutenant Diploma may have direct access, after sitting for a special examination, to the second year preparing for the 1st Class Mechanics Cadet Diploma. ARTICLE 17: 2nd Class Mechanics Assistant Diploma: The 2nd Class Mechanics Assistant Diploma shall be delivered to candidates having passed a practical examination. Candidates for the 2nd Class Mechanics Assistant Diploma must meet concurrently the following requirements: a. To be at least twenty-four years old on 31 December of the year during which the examination takes place; b. To provide evidence of sixty months of active and professional navigation, of which thirtysix months at least as part of the engine personnel; c. To be holder of the 2nd Class Mechanics Lieutenant Diploma. ARTICLE 18: 2nd Class Mechanics Lieutenant Diploma: The 2nd Class Mechanics Lieutenant Diploma shall be delivered either automatically, or after examination, under the following conditions: 1. The 2nd Class Mechanics Lieutenant Diploma shall be delivered without examination, at their request, to candidates concurrently meeting the following requirements: a. To be twenty-one full years old on the date of the application; b. To provide evidence of twenty-four months of active and professional navigation, including six months at least in the capacity of mechanics cadet or officer of the watch; c. To be holder of 1st or 2nd Class Mechanics Assistant Diploma;

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2. The 2nd Class Mechanics Lieutenant Diploma shall be delivered to candidates meeting conditions (a) and (c) above, providing evidence of twelve months of navigation in the capacity of mechanics cadet or officer of the watch, and who moreover passed a special examination. ARTICLE 19: 2nd Class Mechanics Assistant Diploma: The 2nd Class Mechanics Assistant Diploma shall be delivered after a theoretical examination. Candidates for the 2nd Class Mechanics Assistant Diploma must meet concurrently the following requirements: a. To be at least eighteen years old and not older than twenty-three years on 31 December of the year during which the examination takes place; b. To have attended the courses of the National School of the Merchant Navy or a similar institution recognized and authorized by the Department of the Merchant Navy. ARTICLE 20: 3rd Class Mechanics Assistant Diploma: The 3rd Class Mechanics Assistant Diploma shall be delivered after an examination. Candidates for the 3rd Class Mechanics Assistant Diploma must meet concurrently the following requirements: a. To be at least twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of forty-eight months of active and professional navigation as part of the engine personnel. Shall be taken into account of the total months of navigation required, up to sixteen months, time spent either in institutions preparing for professional capacity certificates in specialities required for the annual tests of merchant navy certificates of competency, or in professional training in a technical workshop or service. ARTICLE 21: Practical Mechanics Certificate: The Practical Mechanics Certificate shall be delivered to candidates having passed a special examination. Candidates for the Practical Mechanics Certificate must meet concurrently the following requirements: a. To be at least twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of twenty-four months of active and professional navigation as part of the engine personnel. ARTICLE 22: Driving Licence of Marine Engines: The Driving Licence of Marine Engines shall be delivered to candidates having passed a professional aptitude examination. Candidates for the Driving Licence of Marine Engines must meet concurrently the following requirements: a. To be at least twenty-one years old on 31 December of the year during which the examination takes place; b. To provide evidence of twelve months of active and professional navigation as part of the engine personnel. ARTICLE 23: General provisions: Candidates for merchant navy examinations leading to the diplomas, certificates and permits mentioned in this decree must be of Moroccan nationality and recognized physically suited to maritime navigation.
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Certificates of success in examination, standing for the corresponding diplomas or credentials, may be delivered to candidates of foreign nationality. 5.f. DECREE OF 30 JANUARY 1964 (15 RAMADAN 1383) FIXING THE CONTRIBUTION RATE DUE TO THE NATIONAL SOCIAL SECURITY FUND BY SAILOR FISHERMEN REMUNERATED BY THE SHARE (OFFICIAL GAZETTE OF 28 FEBRUARY 1964). ARTICLE ONE: The contribution rate of sailor-fishermen remunerated by the share provided for in article 19 of Dahir referred to above of 31 December 1959 (30 Joumada II 1379) shall be fixed as follows: - 4.65% of the amount of the gross sale proceeds of fish taken on trawlers; - 6% of the amount of the gross sale proceeds of fish taken on sardine boats and lining vessels. ARTICLE 2: The Minister of Labour and Social Affairs and the Minister of Economic Affairs, Finances and Agriculture shall be entrusted, as appropriate, with the enforcement of this decree which shall be published in the Official Gazette. 5.g. DAHIR OF 9 JULY 1945 (28 REJEB 1364) BEARING EXTENSION TO CERTAIN CATEGORIES OF SAILORS OF THE LEGISLATION ON INDUSTRIAL ACCIDENTS (OFFICIAL GAZETTE OF 3 AUGUST 1945). ARTICLE ONE: Subject to particular rules which will be determined by decree of the Prime Minister, the benefit of the provisions of Dahir referred to above of 25 June 1927 (25 Hijja 1345) shall be extended to the personnel, including ships boys and ordinary seamen, employed in the running, driving, maintenance or operation of ships, vessels and boats nationalized Moroccan indicated below: 1. Ships and boats of any nature and tonnage, allocated to maritime navigation or maritime fishing, as defined in the texts of articles one and 3 annexed to Dahir referred to above of 31 March 1919 (28 Joumada II 1337); 2. Coastal or open sea tug boats; 3. Vessels and machine compartments (dredgers, barges, etc); 4. Yachts, when they are provided with paid crew. Shall be excluded from the scope of application of this Dahir sailors who are registered maritime in the countries whose citizenship they carry. ARTICLE 2: Under no circumstances should the wage used as a basis for the determination of annuities allocated for fishing personnel remunerated by the share be lower than the rate which will be fixed by decree of the Director of Public Works, enacted after taking the opinion of the Director of Economic Affairs. This rate shall be used as a basis for the calculation of the annuity to be allocated to victim less than eighteen years old or to his rightful claimants, unless it is established that he used to earn more.

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ARTICLE 3: Articles 189 to 194 of the first text annexed to Dahir referred to above of 31 March 1919 (28 Joumada II 1337) shall remain in force in those of their provisions which are not contrary to the rules enacted by this Dahir and by decrees taken for its application. ARTICLE 4 (a): This Dahir shall come into effect on 1 October 1945 for accidents which will occur starting from this date. ARTICLE 4 (b): Added by Dahir of 19 June 1950 (3 Ramadan 1369). Fitters, owners or tenants of ships, boats and machines enumerated in article one, whose gross tonnage is higher than 5 tons, shall take out an insurance against all risks provided for by this Dahir with an insurance organization approved by the Department of Finance. They shall provide evidence of subscribing such insurance and paying premiums as they become due, at any written or verbal request of the Head of the Department of the Merchant Navy and Maritime Fishing and the heads of maritime districts. Moreover, the delivery of the clearance certificate, under the conditions provided for in article 21 of Appendix I of Dahir of 31 March 1919 (28 Joumada II 1337), enacting Maritime Commercial law, shall be subject to the provision by the fitter or the owner of an insurance policy guaranteeing against the risks mentioned in the first subparagraph of this article the personnel embarked on board of the ship, boat or machine. Under no circumstances should the insurance be suspended or terminated before the expiry of twenty days running as from the notice made of such suspension or termination by a registered letter with acknowledgment of receipt by the insurer to the head of the district or sub-district. Infringements to the provisions of this article shall be stated by the heads of maritime districts. In the event of non-insurance, the fitter, owner or tenant shall be liable to a fine from 2.000 to 36.000 Francs and, in the event of repetition, from 60.000 to 240.000 Francs. ARTICLE 5: Contracts of accident insurances subscribed before the date of publication of this Dahir by fitters, owners or skippers of ships, vessels and boats referred to in article one and not guaranteeing the risk provided for by Dahir referred to above of 25 June 1927 (25 Hijja 1345) shall be automatically terminated on 1 October 1945, unless, before this date, they are modified, by means of riders, to guarantee said risk. However, these contracts shall be terminated automatically and definitively on the same date in case they have been entered into with an insurance organization which is not allowed to practise in Morocco insurance against industrial accidents. Mixed contracts by which the insurer undertook to guarantee the risk provided for by Dahir referred to above of 25 June 1927 (25 Hijja 1345), if this Dahir is declared applicable, and, otherwise, to cover the risk of civil liability, will be automatically terminated on 1 October 1945 unless, before this date, they are subject to a rider guaranteeing exclusively, without any increase in premium, the risk defined by the above mentioned Dahir of 25 June 1927 (25 Hijja 1345).

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ARTICLE 6: Within twenty days from the publication of this Dahir in the Official Gazette, officers representing insurance organizations shall give individual notices, by registered letter with acknowledgement of receipt, to their policy-holders concerned of the provisions of article 5 and to submit to them, if necessary, a draft rider. They shall also inform each policy-holder that he is free to refuse or accept the rider, and that refusal will entail the termination of the contract on the date when this Dahir comes into effect. They shall specify that the ensured must give notice of his decision within fifteen days from the date of acknowledgement of receipt of the letter submitting the draft rider to him. Silence of the ensured shall mean acceptance of said rider. ARTICLE 7: In the event of termination of contracts and notwithstanding any clauses to the contrary, premiums shall only inure to the insurer in proportion to the period of insurance realized up to the day of termination. The surplus, if any, shall be restored to the ensured. However, as regards premiums paid in advance for fixed price insurance and only if termination is due to the fact that the ensured refused to accept the rider, the amount of the premiums shall inure to the insurer up to six months of risks, the surplus, if any, should be restored to the ensured. 5.h. VIZIRIAL DECREE OF 9 JULY 1945 (28 REJEB 1364) DETERMINING THE APPLICATION METHODS OF DAHIR OF 9 JULY 1945 (28 REJEB 1364) BEARING EXTENSION TO CERTAIN CATEGORIES OF SAILORS OF THE LEGISLATION ON INDUSTRIAL ACCIDENTS. (OFFICIAL GAZETTE OF 3 AUGUST 1945). ARTICLE ONE: Industrial accidents which may occur to the employees referred to in article one of Dahir referred to above of 9 July 1945 (28 Rejeb 1364) will be compensated in accordance with the rules laid down by Dahir referred to above of 25 June 1927 (25 Hijja 1345), with the exception of specific measures which are provided for in this decree. ARTICLE 2: Modified by Vizirial Decree of 7 June 1947 (7 Rejeb 1366). The daily allowance which the victim is entitled to for temporary disability shall be calculated under the conditions fixed by Dahir of 25 June 1927 (25 Hijja 1345), on the basis of one three hundredth of the total remuneration paid by the employer to the victim, both in kind and in cash, during the twelve months which preceded the accident. ARTICLE 3: The annuities allocated to the victim or his rightful claimants shall be calculated on the basis of the total remuneration received by the victim, both in kind and in cash, during the twelve months which preceded accident. ARTICLE 4: If, at the time of the accident, the victim has been employed for less than twelve months, the remuneration referred to in articles 2 and 3 shall mean the actual total remuneration he has received since his recruitment, increased by the remuneration he would have received for the period of necessary work to complete the twelve months, according to

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the average remuneration of workers of the same category for said period, normally occupied either by the same employer, or by an employer undertaking a similar occupation. ARTICLE 5: The following shall not be taken into account for the determination of the daily allowance or the annuity: a. Payments which constitute a refunding of expenditure incurred by the victim; b. Family allowances (such as family benefits, housewife allowance and single wage allowance). ARTICLE 6: Any industrial accident shall be subject to a double declaration: - One with the municipal or local authority of the home port of the ship, vessel or boat; - The other with the head or deputy-head of the maritime district which the same home port is attached to. The double declaration shall be made by the owner, fitter or skipper of the ship, vessel or boat or, in default, by a member of the crew. It shall be made within forty eight hours from the accident or, if the accident occurs during navigation, within forty-eight hours from the return to land of the ship, vessel or boat or of the member of the crew. If the ship, vessel or boat is lost with all hands, the declaration shall be made as soon as the disaster known or is supposed probable. If the owner, fitter or skipper and all the crew disappear in the disaster, the double declaration shall be carried ex-officio, within forty eight hours from the date when he is informed of the disaster, by the head or deputy-head of the maritime district within whose jurisdiction the ship, vessel or boat had its home port. Those of the rules laid down by article 11 of Dahir referred to above of 25 June 1927 (25 Hijja 1345), which are not in contradiction with the rules fixed by this article, shall remain applicable to the double declaration. ARTICLE 7: The head or deputy-head of the maritime district who receives an accident declaration shall, within fifteen days from such declaration, proceed with an investigation into the cause, nature and circumstances of the accident, as well as on the identity of the victims. Indications collected during such investigation shall be drawn up in minutes which the head or deputy-head of the maritime district shall transmit to the Justice of the Peace of the appropriate jurisdiction to be joined to the file of inquiry carried out by said Justice of the Peace. The time limit to proceed with the investigation shall be increased to six months in the cases provided for in the 5th and 6th subparagraphs of article 6. In this case, the head or deputy-head of the maritime district shall carry out all investigations which appear necessary to him to establish, if any, the materiality of the disaster or sufficient presumptions thereof. If the six month time limit provided for in the preceding subparagraph appears insufficient, the Justice of the Peace may grant to the head or deputy-head of the maritime district concerned, upon this letters request, an additional time of six months maximum. ARTICLE 8: Notwithstanding the rules laid down by Part III of Dahir referred to above of 25 June 1927 (25 Hijja 1345), competence shall be allotted in any case to the court of the peace or the court of first instance where the ship, vessel or boat has its home port.
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ARTCLE 9: The Justice of the Peace shall only proceed with the attempt of conciliation provided for in article 16 of Dahir of 25 June 1927 (25 Hijja 1345) once he is in possession of the minutes of the investigation carried out by the head or deputy-head of the maritime district pursuant to article 7. II.6. MARITIME COLLISION 6.a. JOINT DECREE OF 11 DECEMBER 1965, BEARING REGULATIONS TO WARN COLLISIONS AT SEA (OFFICIAL GAZETTE OF 29 DECEMBER 1965). ARTICLE ONE: All ships and seaplanes flying the Moroccan flag shall conform to the regulations to prevent collisions at sea annexed to this decree. ARTICLE 2: The Minister of Public Works and Communication and the Minister of National Defence shall be entrusted, as appropriate, with the enforcement of this decree. 1972 INTERNATIONAL REGULATIONS TO WARN COLLISIONS AT SEA PART A - GENERAL POINTS Rule 1: Scope a. These rules shall apply to all ships off-shore and in all contiguous water accessible to seagoing ships. b. No provision of these rules shall block the application of special regulations enacted by the competent authority about navigation in roads, ports, on rivers, lakes or ways of inland navigation contiguous to the open sea and accessible to sea-going ships. However, these special regulations shall be in conformity as close as possible to these rules. c. No provision of these rules shall block the application of the special regulations enacted by the government a State with a view to increasing the number of navigation lights, light signals, marks or whistling signals to be used by war vessels and ships in convoy, or with a view to increasing the number of navigation lights, light signals or marks to be used by ships while fishing and constituting a fishing flotilla. These additional navigation lights, light signals, marks or whistling signals shall, as far as possible, be such as it would be impossible to confuse them with any other lights, marks or signals additionally authorized in these rules. d. The organization may adopt traffic separation devices for the purposes of these rules. e. Whenever a government considers that a ship of special construction or assigned to special operations cannot conform to all the provisions of any of these rules with regard to number, location, range or sector of visibility of lights and marks, as well as to the establishment and characteristics of the sound signal devices, such ship shall conform to such other provisions relative to number, location, range or sector of visibility of lights or marks, as well as to the establishment and characteristics of the sound signal devices which, in the opinion of the government concerned, will allow in these cases to conform as close as possible to these rules.

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Rule 2: Liability a. No provision of these rules shall hold either a ship, or its owner, commanding officer or crew harmless from the consequences of any negligence as regards the application of these rules or as regards any precaution dictated by the ordinary experience of the sailor or the particular circumstances in which the ship happens to be. b. In interpreting and observing these rules, one shall duly take into account all the dangers of navigation and collision risks, as well as any particular circumstances, in particular the utilization limits of the ships in question, which may compel a deviation from these rules to avoid an immediate danger. Rule 3: General Definitions For the purpose of these rules, save contrary provisions resulting from the context: a. The term "ship" shall mean any machine or any apparatus of any nature whatsoever, including machines without draught and seaplanes, used or likely to be used as means of transport on water. b. The expression "ship with mechanic propulsion" shall mean any ship propelled by a machine. c. The expression "sailing ship" shall mean any ship moving with a sail, even if it is provided with a propelling machine, provided however that such machine is not used. d. The expression "ship in the process of fishing" shall mean any ship which fishes with nets, lines, trawls or other fishing machines reducing its capacity to operate, but shall not apply to ships which fish with trolling lines or other fishing machines which do not reduce their capacity to operate. e. The term "seaplane" shall mean any aircraft designed to operate on water. f. The expression "ship which is not Master of its manoeuvre" shall mean a ship which, because of exceptional circumstances, is not capable of being operated in accordance with these rules and thus cannot pull aside from the road of another ship. g. The expression "ship with restricted capacity of operation" shall mean any ship whose capacity to be operated in accordance with these rules is limited by the nature of its work, and which cannot consequently pull aside from the road of another ship. "ships with restricted capacity of operation" shall include, without limitation: i. Ships posing or raising an underwater buoy, cable or pipeline or ensuring the maintenance thereof; ii. Ships carrying out dredging, hydrography or oceanography operations, or underwater work; iii. Ships carrying out port supplies or transhipping people, provisions or a cargo and being under way; iv. Ships carrying out takeoff or landing operations or aircraft recovery; v. Ships carrying out mine-clearing operations; vi. Ships carrying out a towing operation which allows with difficulty the tug ship and its trailer to modify their road. h. The expression "ship handicapped by its draught" shall mean any ship with mechanical propulsion which, because of its draught and the depth and width available of navigable water, can with difficulty modify its road. i. The expression "under way" shall apply to any ship which is neither anchored, nor moored on land, nor failed.
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j. The terms "length" and "width" of a ship shall mean its overall length and its greater width. k. Two ships shall only be considered as being in view of one other when one of them can be visually observed by the other. l. The expression "reduced visibility" shall mean any situation where visibility is decreased as a result of fog, drizzle, snow, strong grains of rain or sand storms, or for any other similar causes. PART B - RUDDER AND ROAD RULES SECTION I: CONDUCT OF SHIPS IN ALL CONDITIONS OF VISIBILITY Rule 4: Scope The rules of this section shall apply to all conditions of visibility. Rule 5: Lookout Any ship shall permanently ensure an appropriate visual and hearing lookout, by also using all means available which are adapted to the existing circumstances and conditions, so as to allow full appreciation of the situation and the risk of collision. Rule 6: Safety Speed Any ship shall permanently maintain a safety speed such as to be able to take appropriate and effective measures to avoid a collision and to stop at a distance adapted to the existing circumstances and conditions. The following factors shall in particular be taken into account to determine the safety speed: a. By all ships: i. Visibility; ii. Traffic density and in particular concentrations of fishing vessels or of any other ships; iii. The ships operation capacity and more particularly its total reaction distance and its turning qualities under the existing conditions; iv. At night, the presence of a luminous background such as that created by coastal lights or a diffusion of the ships own lights; v. The state of the wind, the sea and the currents and the proximity of risks for navigation; vi. The draught according to the water depth available. b. Moreover, by ships using radar: i. characteristics, effectiveness and limits of radar equipment use; ii. The limitations resulting from the range scale used on the radar; iii. The effect of the state of the sea, the weather conditions and other jamming sources on radar detection; iv. The fact that small vessels, ices and other floating objects may not be detected by the radar within a sufficient distance; v. The number, position and movement of ships detected by the radar; vi. The fact that it is possible to appreciate visibility more exactly when the radar is used to determine the distance from ships and other objects in the fairway.

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Rule 7: Risk of Collision a. Any ship shall use all means available which are adapted to the existing circumstances and conditions to determine whether a risk of collision exists. If there is doubt about the risk of collision, the risk must be considered as existing. b. If there is on board radar equipment in operating condition, it should be appropriately used by resorting, in particular, to long range scanning so as to detect in advance a risk of collision, as well as to radar "plotting" or any other equivalent systematic observation of objects detected. c. One should avoid drawing conclusions from insufficient information, in particular from insufficient radar information. d. The evaluation of a risk of collision shall in particular take into account the following considerations: i. There is a risk of collision if the bearing of an approaching ship does not change in an appreciable way; ii. Such a risk may sometimes exist even if an appreciable variation of the bearing is observed, particularly when one approaches a very large ship, a trailer train or a ship which is within a short distance. Rule 8: Operation to avoid Collisions a. Any operation undertaken to avoid a collision shall, if the circumstances permit so, be carried out frankly, quite in time and according to good maritime practices. b. Any alteration of heading or speed, or of both at the same time, aiming at avoiding a collision shall, if the circumstances permit so, be important enough so as to be immediately perceived by any ship which observes it visually or with a radar; a succession of not very important alterations of heading or speed, or both at the same time, should be avoided. c. If the ship has sufficient space, the alteration of heading alone may be the most effective operation to avoid being in a very close situation, provided that such operation is made quite in time, that it is frank and that it does not lead to another very close situation. d. Operations carried out to avoid collision with another ship must be such as to make it possible to pass at a sufficient distance. The effectiveness of operations shall be attentively controlled until the other ship is definitely avoided and clear. e. If it is necessary to avoid a collision or to leave more time to appreciate the situation, a ship shall reduce its speed or break its way by stopping its propelling apparatus or by reversing the engine by means of this apparatus. f. i. A ship which, under the terms of any of these rules, shall not obstruct the passage of another ship or shall allow its free passage must, when the circumstances require so, operate without delay in order to leave sufficient space to the other ship to allow for its free passage. ii. A ship which shall not obstruct the passage of another ship or shall allow its free passage will not be exempted from this obligation if it approaches the other ship in such a way that there is a risk of collision and it must, when carrying out its operation, duly take into account operations which could be necessary under the terms of the rules of this part. iii. A ship whose passage should not be constrained shall remain fully responsible of conforming to the rules of this part when the two ships come closer to each other in such a way that there is a risk of collision.

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Rule 9: Narrow Channels a. Ships travelling in a narrow channel or an access road shall, when this can be done without danger, sail as close as possible to the right external limit of the channel or the access road. b. Ships less than 20 meters long and sailing ships shall not obstruct the passage of ships which can only sail in full safety within a narrow channel or an access road. c. Ships in the process of fishing should not obstruct the passage of others ships sailing within a narrow channel or an access road. d. A ship should not cross a narrow channel or an access road if, by so doing, it obstructs the passage of ships which can only sail in full safety within this channel or this access road; these latter ships may use the sound signal prescribed by Rule 34 d. if they have doubts about the intentions of the ship which crosses the channel or the access road. e. i. In a narrow channel or an access road, when an overtaking can only be performed if the ship caught up makes operation to allow the other ship to overtake it in full safety, the ship which has the intention of overtaking must make its intention known by emitting the appropriate sound signal prescribed by Rule 34 c.i. The caught up ship must, if it agrees, make hear the appropriate signal prescribed by Rule 34 c. ii. and operate so as to allow an overtaking in full safety. Should it be in the doubt, it may emit the sound signals prescribed by Rule 34 d.; ii. This rule shall not exempt the ship which catches up from the obligation to conform to the provisions of Rule 13. f. A ship which approaches an elbow or a place located in a narrow channel or an access road where other ships may be hidden by the presence of obstacles shall sail in this zone with particular prudence and vigilance and make hear the appropriate signal prescribed by Rule 34 e. g. Any ship shall, if the circumstances permit so, avoid anchoring in a narrow channel. Rule 10: Traffic Separation Devices a. This rule shall apply to the traffic separation devices adopted by the Organization and shall not exempt any ship from its obligations under the terms of any of the other rules. b. Ships which sail within a traffic separation device shall: i. follow the appropriate lane in the mainstream of such lane; ii. draw aside as far as possible from the line or the zone of traffic separation; iii. as general rule, engage in a lane or leave it at one of the extremities, but when they engage therein or leave it laterally, carry out this operation under an angle as reduced as possible with respect to the mainstream. c. Ships shall avoid as much as possible crossing lanes but, if they are obliged to do so, they shall do it while steering a heading which is as much as possible perpendicular to the mainstream. d. i. Ships shall not use a coastal navigation zone when they can in full safety use the appropriate lane of the adjacent traffic separation device. However, ships less than 20 meters long, sailing ships and ships in the process of fishing may use the coastal navigation zone; ii. Notwithstanding the provisions of subparagraph d.i., ships may use a coastal navigation zone when they reach or leave a port, a facility or a structure offshore, a pilot station or any other place within the coastal navigation zone or to avoid an immediate danger.

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e. A ship other than a ship which crosses a device or than a ship which engages in a lane or which leaves the same shall not normally penetrate in a separation zone or cross a boundary line except: i. in case of emergency, to avoid an immediate danger; ii. to fish in a separation zone. f. Ships sailing in zones close to the extremities of a traffic separation device shall do it with particular vigilance. g. Ships shall avoid, as far as possible, anchoring within a traffic separation device or in zones close to its extremities. h. Ships which do not use a traffic separation device shall draw away therefrom as far as possible. i. Ships in the process of fishing shall not obstruct the passage of ships which follow a lane. j. Ships less than 20 meters long or sailing ships shall not obstruct the passage of ships with mechanical propulsion which follow a lane. k. A ship with a restricted operation capacity shall, when carrying out an operation intended to maintain navigation safety in a traffic separation device, be exempted from meeting this rule within the extent necessary for carrying out the operation. l. A ship with a restricted operation capacity shall, when carrying out an operation in order to pose, repair or raise an underwater cable within a traffic separation device, be exempted from meeting this rule within the extent necessary for carrying out the operation. SECTION II - CONDUCT OF SHIPS IN SIGHT OF EACH OTHER Rule 11: Scope The rules of this section shall apply to ships which are in sight of each other. Rule 12: Sailing Ships a. When two sailing ships approach one another so that a collision is feared, one of them shall draw aside from the road of the other as follows: i. when the two ships receive the wind from a different gunwale, the one which receives the wind from port side shall draw aside from the road of the other; ii. when the two ships receive the wind from the same gunwale, the one which is windward shall draw aside from the road of that which is downwind; iii. if a ship which receives the wind from port side sees another ship windward and cannot determine with certainty whether this other ship receives the wind from port side or from starboard, the first one shall draw aside from the road of the other. b. For the purpose of implementation of this rule, the side where the wind comes from shall be considered as being that of the gunwale opposite the bracing side of the large sail or, in the case of a ship with square headlights, the gunwale opposite the bracing side of the largest fore-and-aft (or triangular) sail. Rule 13: Ship which catches up with another a. Notwithstanding any provision of the rules of Sections I and II of Part B, any ship which catches up with another shall draw aside from the road of this latter.

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b. Shall consider itself as catching up with another ship any ship which approaches another ship while coming from a direction of more than 22.5 degrees abeam the rear of the latter, i.e. which is in a position such, with respect to the caught-up ship, that, by night, it could see only the rear light of such ship and none of its sidelights. c. When a ship cannot determine with certainty whether it catches up with another, it shall consider itself as a ship which catches up with another and shall operate accordingly. d. No subsequent change in the bearing between the two ships shall make the ship which catches up with another consider itself as crossing the road of the latter for the purpose of these rules, nor to free it from the obligation of drawing aside from the road of the caught-up ship until it is completely avoided and clear. Rule 14: Ships which are in directly opposite ways a. When two ships with mechanical propulsion are in directly, or almost directly, opposite ways in such a way that there is a risk of collision, each one of them shall come on starboard to pass by port side one of other. b. Such a situation shall be considered as arising when a ship sees another in front of it, or practically in front of it, so that, by night, it would see the mast lights of the other ship, one by other or almost and/or its two sidelights and that, by day, it would see the other ship under a corresponding angle. c. When a ship cannot determine with certainty if such a situation exists, it shall consider that it exists indeed and shall operate accordingly. Rule 15: Ships whose roads intersect When two ships with mechanical propulsion are under ways which intersect in such a way that there is a risk of collision, the ship which sees the other ship on starboard shall draw aside from the road of this latter and, if the circumstances permit so, shall avoid crossing its road on the front. Rule 16: Operation of the non-privileged ship Any ship which is required to draw aside from the road of another ship shall, as much as possible, operate early and frankly so as to largely draw aside. Rule 17: Operation of the privileged ship a. i. When a ship is required to draw aside from the road of another ship, this other ship shall maintain its heading and its speed. ii. Nevertheless, this latter may operate, so as to avoid collision by its sole operation, as soon as it appears obvious to it that the ship which is in the obligation of drawing aside from its road does not carry out the appropriate operation prescribed by these rules. b. When, for any reason, the ship which is required to maintain its heading and its speed is so much close to the other that collision cannot be avoided by the sole operation of the ship which is required to leave the road free, it shall for its part make the operation which is best to help to avoid collision. c. A ship with mechanical propulsion which operates to avoid a collision with another ship with mechanical propulsion whose road intersects with its own under the conditions provided
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for in subparagraph a) ii of this rule shall not, if the circumstances permit so, alter course on port side when the other ship is port side with it. d. This rule shall not exempt the ship which is required to leave the road free from the obligation of drawing aside from the road of the other ship. Rule 18: Reciprocal Liabilities of ships Save contrary provisions of rules 9, 10 and 13: a. A ship with mechanical propulsion which is underway shall draw aside from the road of: i. a ship which is not Master of its operation; ii. a ship with restricted operation capacity; iii. a ship in the process of fishing; iv. a sailing ship. b. A sailing ship which is underway shall draw aside from the road of: i. a ship which is not Master of its operation; ii. a ship with restricted operation capacity; iii. a ship in the process of fishing. c. A ship in the process of fishing and which is underway shall, as far as possible, draw aside from the road of: i. a ship which is not Master of its operation; ii. a ship with restricted operation capacity. d.i. Any ship other than a ship which is not Master of its operation or than a ship with restricted operation capacity shall, if the circumstances permit so, avoid obstructing the free passage of a ship handicapped by its draught, which shows the signals provided for in Rule 28. ii. A ship handicapped by its draught shall sail with a particular prudence, by duly taking into account its special situation. e. A seaplane alighted on the sea shall, in general, stay largely away from all ships and shall avoid obstructing their navigation. However, when there is a risk of collision, such seaplane shall conform to the rules of this Part. SECTION III: CONDUCT OF SHIPS UNDER REDUCED VISIBILITY Rule 19: a. This rule shall apply to ships which are not in sight of each other and which sail within or near zones of reduced visibility. b. Any ship shall sail at a safety speed adapted to the existing circumstances and to the conditions of reduced visibility. Ships with mechanical propulsion shall hold their machines ready to operate immediately. c. Any ship shall, when observing the rules of Section I of this Part, duly take into account the existing circumstances and the conditions of reduced visibility. d. A ship which detects, with the radar only, the presence of another ship shall determine whether a very close situation is being created and/or if a risk of collision exists. In this case, it shall take measures largely in time to avoid such situation; however, if such measures consist in a change of heading, it is appropriate to avoid, as far as possible, the following operations:

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i. a change of heading on port side in the case of a ship which is abeam the front, unless this ship is being caught up with; ii. a change of heading in the direction of a ship which comes abeam or abeam the rear. e. Unless it has been established that there is no risk of collision, any ship which hears, in a direction which appears to it to be abeam the front, the fog signal of another ship, or which cannot avoid a very close situation with another ship located abeam the front, shall reduce its speed to the minimum necessary to maintain its heading. It shall, if necessary, break its wander and, in all circumstances, sail with extreme precaution until the risk of collision is passed. PART C - LIGHTS AND MARKS Rule 20: Scope a. The rules of this Part shall be observed at all times. b. Rules concerning lights shall be observed from sunset to sunrise. During this interval, no other light should shown which can be confused with the lights prescribed by these rules and which are likely to obstruct visibility or the distinctive character of said lights or likely to prevent the exercise of a satisfactory lookout. c. Lights prescribed by these rules, when they exist, shall also to be shown from sunrise sunset at reduced visibility and may be shown in all other circumstances where such measure is deemed necessary. d. The rules concerning marks shall be observed by day. e. Lights and marks prescribed by these rules shall be in conformity with the provisions of Appendix I of these regulations. Rule 21: Definitions a. The expression "masthead light" shall mean a white light placed above the longitudinal axis of the ship, projecting an uninterrupted light on all the course of a horizon arc of 22.5 degrees and laid out so as to project this light from the fore up to 22.5 degrees on the abeam rear on each gunwale. b. The expression "side light" shall mean a green light placed at starboard and a red light placed at port side, projecting each one an uninterrupted light on all the course of a horizon arc of 112.5 degrees and laid out so as to project this light from the fore up to 22.5 degrees on the abeam rear of theirs respective side. Onboard ships less than 20 meters long, sidelights may be combined in one single lamp placed in the longitudinal axis of the ship. c. The expression "stern light" shall mean a white fire placed as close as possible to the stern, projecting an uninterrupted light on all the course of a horizon arc of 135 degrees and laid out so as to project this light on an arc of 67.5 degrees of each gunwale starting from the rear. d. The expression "towage light" shall mean a yellow fire having the same characteristics as the stern light defined in paragraph c. of this rule. e. The expression "light visible on the whole horizon" shall mean a fire projecting an uninterrupted light on a horizon arc of 360 degrees. f. The expression "flashing light" shall mean a regular flash-light whose rhythm is 120 flashes or more per minute.

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Rule 22: Luminous Range of Lights The lights prescribed by these rules shall have the intensity specified in Section 8 of Appendix I of these regulations, so as to be visible at the following minimal distances: a. for ships with length equal to or higher than 50 meters: - masthead light: 6 miles - side light: 3 miles - stern light: 3 miles - towage light: 3 miles - white, red, green or yellow light visible on the whole horizon: 3 miles b. for ships with length equal to or higher than 12 meters, but lower than 50 meters: - masthead light: 5 miles; if the length of the ship is lower than 20 meters: 3 miles - side light: 2 miles - stern light: 2 miles - towage light: 2 miles - white, red, green or yellow light visible on the whole horizon: 2 miles c. for ships with length lower than 12 meters: - masthead light: 2 miles - side light: 1 miles - stern light: 2 miles - towage light: 2 miles - white, red, green or yellow light visible on the whole horizon: 2 miles d. for towed ships or objects which are partially submerged and difficult to see: - white light visible on the whole horizon: 3 miles. Rule 23: Ships with mechanical propulsion underway a. A ship with mechanical propulsion which is underway shall show: i. a masthead light at the front; ii. a second masthead light at the back of and higher than the first one; however, ships less than 50 meters long are not required to show this light, but may do so; iii. side lights; iv. a stern light. b. A hovercraft used without draught shall, in addition to the lights prescribed in paragraph a) of this rule, show a yellow flash-light visible on the whole horizon. c. i. A ship with mechanical propulsion less than 12 meters long may, instead of the lights prescribed in paragraph a. of this rule, show a white light visible on the whole horizon and side lights; ii. a ship with mechanical propulsion less than 7 meters long and whose maximum speed does not exceed 7 knots may, instead of the lights prescribed in paragraph a. of this rule, show a white light visible on the whole horizon; it shall moreover, if possible, show side lights; iii. the masthead light or white light visible on the whole horizon on board a ship with mechanical propulsion less than 12 meters long may be not required in the longitudinal axis of the ship if it is not possible to install it on this axis, provided that the side lights are combined in a single lamp which is laid out in the longitudinal axis of the ship or placed as close as possible to the longitudinal axis on which the masthead light or the white light visible on the whole horizon is.

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Rule 24: Towing and Push-towing a. A ship with mechanical propulsion in the process of towing shall show: i. instead of the light prescribed by Rule 23 a.i. or Rule 23 a.ii., two superimposed masthead lights. When the length of the trailer train, measured from the back of the towing ship to the back end of the trailer train, exceeds 200 meters, it shall show three of these superimposed lights; ii. side lights; iii. a stern light; iv. a towage light vertically placed above the stern light; v. at the most visible place, when the length of the trailer train exceeds 200 meters, a biconical mark. b. A forward push-towing ship and push-towed ship connected by a rigid connection so as to form a composite unit shall be considered as a ship with mechanical propulsion and shall show the lights prescribed by Rule 23. c. A ship with mechanical propulsion push-towing forward or couple-towing shall, save in case of a composite unit, show: i. instead of the light prescribed by Rule 23 a.i. or Rule 23 a.ii., two superimposed masthead lights; ii. side lights; iii. a stern light. d. A ship with mechanical propulsion, to which the provisions of paragraphs a. or c. of this rule apply, shall also conform to the provisions of Rule 23 a.ii. e. A towed ship or object other than those mentioned in paragraph g. of this rule shall show: i. side lights; ii. a stern light; iii. at the most visible place, when the length of the trailer train exceeds 200 meters, a biconical mark. f. Given that the lights of any number of ships couple-towed or push-towed in group shall correspond to those of a single ship, i. a ship push-towed forward, which is not part of a composite unit, shall show at its front end side lights; ii. a couple-towed ship shall show a stern light and, at its front end, side-lights. g. A towed ship or object which is partially submerged and difficult to see, or a set of such towed ships or objects, shall show: i. when its width is lower than 25 meters, a white light visible on the whole horizon at or near the front end and another at or near the back end, except for dracones, which are not required to show a light at or near their front end; ii. when its width is equal to or higher than 25 meters, two additional white lights visible on the whole horizon at or near its width ends; iii. when its length is higher than 100 meters, two additional white lights visible on the whole horizon between the lights prescribed in subparagraphs i. and ii. In such a way that the distance between the lights is not higher than 100 meters; iv. a bi-conical mark at or near the back end of the last ship or object towed and, when the length of the trailer train is higher than 200 meters, an additional bi-conical mark at the most visible and most forward place possible.

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h. If, for a sufficient reason, the towed ship or object is in the impossibility to show the lights or marks prescribed in paragraphs e. or g. of this rule, all possible measures shall be taken to lighten the towed ship or object, or at least to indicate the presence of such ship or object. i. If, for a sufficient reason, a ship which does not usually carry out towing operations is in the impossibility to show the prescribed lights in paragraphs a. or c. of this rule, this ship shall not be required to show these lights when it proceeds to the towing of another ship in distress or in need of assistance for other reasons. All possible measures shall be taken to indicate in the way authorized by Rule 36, in particular by illuminating the towing cable, the relationship between the towing ship and the towed ship. Rule 25: Sailing ships underway and oar ships a. A sailing ship which is underway shall show: i. side lights; ii. a stern light. b. On board a sailing ship less than 20 meters long, the lights prescribed in paragraph a. of this rule may be united in a single lamp placed at the top or upper part of the mast, at the most visible place. c. In addition to the lights prescribed in paragraph a. of this rule, a sailing ship which is underway may show, at the top or upper part of the mast, at the place where they are most apparent, two superimposed lights visible on the whole horizon, the higher light being red and the lower light being green. However, these lights should not be shown at the same time as the lamp authorized by paragraph b. of this rule. d. i. A sailing ship less than 7 meters long shall, if possible, show the lights prescribed in paragraphs a. or b. of this rule but, if it does not, it must be ready to immediately show, to prevent a collision, a flashlight or a lamp lit with white light. ii. An oar ship may show the lights prescribed by this rule for sailing ships but, if it does not, it must be ready to immediately show, to prevent a collision, a flashlight or a lamp lit with white light. e. A ship which is simultaneously operated with sails and by means of a propelling apparatus shall show at the front, at the most visible place, a mark of conical form, with the point towards the bottom. Rule 26: Fishing Vessels a. A fishing ship, when it is underway or when it is anchoring, shall only show the lights and marks prescribed by this rule. b. A ship in the process of trawling, i.e. to draw in water a trawl or another fishing machine, shall show: i. two superimposed lights visible on the whole horizon, the higher light being green and the lower light being white, or a mark formed by two superimposed cones joined together by the point; a ship less than 20 meters long may, instead of such mark, show a basket; ii. a masthead light laid out at a height higher than and at the back of the green light visible on the whole horizon. Ships less than 50 meters long are not required to show this light, but may do so; iii. when it has wander, in addition to the lights prescribed in this paragraph, side lights and a stern light. c. A ship in the process of fishing, other than a ship in the process of trawling, shall show:
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i. two superimposed lights visible on the whole horizon, the higher light being red and the lower light being white, or a mark formed of two superimposed cones joined together by the point; a ship less than 20 meters long may, instead of such mark, show a basket; ii. if its fishing machine is deployed at a horizontal distance higher than 150 meters starting from the ship, a white light visible on the whole horizon or a cone, the point towards the top, in alignment with the machine; iii. when it has wander, in addition to the lights prescribed in this paragraph, side lights and a stern light. d. A ship in the process of fishing in the vicinity of other ships in the process of fishing may show the additional signals described in Appendix II of these Regulations. e. A ship which is not in the process of fishing shall not be required to show the lights or marks prescribed by this rule, but only those prescribed for a ship of its length. Rule 27: Ships which are not Master of their operation and ships with restricted operation capacity a. A ship which is not Master of its operation shall show: i. at the most visible place, two superimposed red lights visible on the whole horizon; ii. at the most visible place, two superimposed balls or similar marks; iii. when it has wander, in addition to the lights prescribed in this paragraph, side lights and a stern light. b. A ship with restricted operation capacity, other than a ship carrying out mine-clearing operations, shall show: i. at the most visible place, three superimposed lights visible on the whole horizon, the higher and lower lights being red and the medium light being white; ii. at the most visible place, three superimposed marks, the higher and lower marks being balls, that of the medium being a bi-cone; iii. when it has wander, in addition to the lights prescribed in subparagraph i., a masthead light or masthead lights, side lights and a stern light; iv. when it is anchoring, in addition to the lights or marks prescribed in subparagraphs i. and ii., the lights or marks prescribed by Rule 30. c. A ship with mechanical propulsion in the process of carrying out a towing operation which allows with difficulty the towing ship and its trailer to modify their road shall, in addition to the lights or marks prescribed by Rule 24 a., show the lights or marks prescribed in paragraphs b. i. and b. ii. of this rule. d. A ship with restricted operation capacity in the process of sweeping or carrying out underwater operations shall show the lights and marks prescribed in subparagraphs i., ii. and iii. of paragraph b. of this rule and, when there is an obstruction, shall further show: i. two red lights visible on the whole horizon or two superimposed balls to indicate the side where obstruction is; ii. two green lights visible on the whole horizon or two superimposed bi-cones to indicate the side on which another ship may pass; iii. when it is anchoring, instead of the lights or the mark prescribed by Rule 30, the lights or marks prescribed in this paragraph. e. A ship taking part in diving operations which cannot, because of its dimensions, show all the lights and marks prescribed in paragraph d. of this rule, shall show: i. at the most visible place, three superimposed lights, visible on the whole horizon, the higher and lower lights being red and the medium light being white;
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ii. a rigid reproduction, at least one meter high, of Flag A of the International Signal Code. It shall take measures so that such reproduction is visible on the whole horizon. f. A ship carrying out mine-clearing operations shall show, in addition to the lights prescribed for ships with mechanical propulsion by Rule 23 or the lights or mark prescribed for ships anchoring by Rule 30, depending on the case, three green lights visible on the whole horizon or three balls. It shall show one of these lights or marks near the head of the foremast and one of these lights or marks at each end of the foreyard. These lights or marks indicate that it is dangerous for another ship to draw less than 1,000 meters near the ship carrying out mine clearance. g. Ships less than 12 meters long, with the exception of ships taking part in diving operations, shall not be required to show the lights and marks prescribed by this rule. h. The signals prescribed by this rule are not signals of ships in distress and requesting assistance. The signals of this last category shall be the object of Appendix IV of these Regulations. Rule 28: Ships handicapped by their draught A ship handicapped by its draught may, in addition to the lights prescribed for ships with mechanical propulsion by Rule 23, show at the most visible place three superimposed red lights visible on the whole horizon or a cylindrical mark. Rule 29: Pilot Boats a. A pilot boat in the process of a piloting service shall show: i. at or near the mast head, two superimposed lights visible on the whole horizon, the higher light being white and the lower light being red; ii. moreover, when it is underway, side lights and a stern light; iii. at anchor, in addition to the lights prescribed in subparagraph i., the light(s) or mark prescribed by Rule 30 for ships at anchor. b. A pilot boat which is not in the process of a piloting service shall show the lights or marks prescribed for a ship of its length. Rule 30 Ships at anchor and stranded ships a. A ship at anchor shall show at the most visible place: i. at the front, a white light visible on the whole horizon or a ball; ii. at or close to the back, lower than the light prescribed in subparagraph i., a white light visible on the whole horizon. b. A ship at anchor less than 50 meters long may show, at the most visible place, a white light visible on the whole horizon, instead of the lights prescribed in paragraph a. of this rule. c. Moreover, a ship at anchor may use its working lights available or equivalent lights to illuminate its decks. This provision is obligatory for ships whose length is equal to or higher than 100 meters. d. A stranded ship shall show the lights prescribed in paragraphs a. or b. of this rule and, moreover, at the most visible place: i. two superimposed red lights visible on the whole horizon; ii. three superimposed balls.

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e. Ships less than 7 meters long, when they are at anchor or stranded, shall not be required to show the lights or the mark prescribed in paragraphs a. and b. of this rule, except if they are at anchor in a narrow channel, an access road or at anchor near such places, or on roads which other ships usually move through. f. Ships less than 12 meters long, when they are stranded, shall not be required to show the lights or marks prescribed in subparagraphs i. and ii. paragraph d. of this rule. Rule 31: Seaplanes A seaplane which is in the impossibility of showing the lights and marks meeting the characteristics and located at the locations prescribed by the rules of this Part shall show lights and marks as close as possible to those prescribed by these rules. PART D - SOUND AND LUMINOUS SIGNALS Rule 32: Definitions a. The term "whistle" shall mean any sound signal apparatus capable of emitting the sounds prescribed and in conformity with the specifications of Appendix III of these Regulations. b. The expression "short blast" shall mean a sound of approximately one-second duration. c. The expression "long blast" shall mean a sound of a duration from four to six seconds. Rule 33: Sound Signal Equipment a. Ships with length equal to or higher than 12 meters shall be provided with a whistle and a bell and ships with length equal to or higher than 100 meters shall moreover be provided with a gong whose sound and patch should not allow confusion with those of the bell. The whistle, the bell and the gong shall meet the specifications of Appendix III of these Regulations. The bell or the gong, or both, may be replaced by another equipment having respectively the same sound characteristics, on condition that it is always possible to actuate manually the prescribed signals. b. Ships less than 12 meters long shall not be required to have on board the sound signal apparatuses prescribed in paragraph a. of this rule, but they shall, in the absence of such apparatuses, be provided with another means to emit an effective sound signal. Rule 34: Operation Signals and Warning Signals a. When ships are in sight of each other, a ship with mechanical propulsion which is underway shall, when carrying out operations authorized or prescribed by these rules, indicate such operations by the following signals, emitted with the whistle: - a short blast to say: "I am coming on starboard" ; - two short blasts to say: "I am coming on port side" ; - three short blasts to say: "I am reversing the engine" b. All ships may supplement the whistle signals prescribed in paragraph a. of this rule by repeated light signals, according to needs, throughout the duration of the operation: i. these light signals shall have the following significance: - a glare to say: "I am coming on starboard" ; - two glares to say: "I am coming on port side" ;
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- three glares to say: "I am reversing the engine"; ii. each glare shall last approximately one second, interval between the glares shall be approximately one second and interval between successive signals shall be at least ten seconds; iii. the light used for this signal shall, if any, be a white light visible on the whole horizon at a distance of five miles at least and shall be in conformity with the provisions of Appendix I of these Regulations. c. When they are in sight of each other in a narrow channel or an access road: i. a ship which intends to catch up with another shall, in accordance with the provisions of Rule 9. i., indicate its intention by emitting with the whistle the following signals: - two prolonged blasts followed by a short blast to say: "I intend to catch up with you on starboard"; - two prolonged blasts followed by two short blasts to say: "I intend to catch up with you on port side"; ii. the ship which is on the point of being caught up with shall, while operating in accordance with the provisions of Rule 9. i., indicate its agreement by emitting with the whistle the following signal: - a prolonged blast, a short blast, a prolonged blast and a short blast, emitted in this order. d. When two ships in sight of each other approach one another and that, for any reason, one of them does not understand the intentions or operations of the other, or wonders whether the other ship is taking the sufficient measures to avoid collision, the ship which has doubts shall immediately express them by emitting with the whistle a fast series of at least five short blasts. This signal may be supplemented by a light signal of at least five short and rapid glares. e. A ship approaching an elbow or a channel portion or an access road where other ships may be hidden by an obstacle shall make a prolonged blast heard. Any ship coming in its direction which hears such signal on the other side of the elbow or behind the obstacle shall answer this signal by making a prolonged blast heard. f. When whistles are installed on board a ship at a distance of more than 100 meters from each other, only one whistle should be used to emit operation signals and warning signals. Rule 35: Sound Signals at reduced visibility By day as well as by night, within or in the vicinity of a zone where visibility is reduced, the signals prescribed by this rule shall be used as follows: a. A ship with mechanical propulsion having wander shall make a prolonged blast heard at intervals not exceeding two minutes. b. A ship with mechanical propulsion which is underway, but stopped and not having wander, shall make heard, at intervals not exceeding two minutes, two prolonged blasts separated by an interval of approximately two seconds. c. A ship which is not Master of its operation, a ship with restricted operation capacity, a ship handicapped by its draught, a sailing ship, a ship in the process of fishing, and a ship which is towing or push-towing another shall emit, instead of the signals prescribed in paragraphs a. or b. of this rule, three consecutive blasts, i.e. a prolonged blast followed by two short blasts, at intervals not exceeding two minutes. d. A ship in the process of fishing, when it is at anchor, and a ship with restricted operation capacity carrying out its work at anchor shall emit, instead of the signals prescribed in paragraph g. of this rule, the signal prescribed in paragraph c. of this rule.
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e. A towed ship or, if more one is towed, the last ship of the convoy shall, if it has a crew on board, make hear, at intervals not exceeding two consecutive minutes, four blasts, i.e. a prolonged blast followed by three short blasts. When it is possible, this signal shall be emitted immediately after the signal of the towing ship. f. A push-towing ship and a ship push-towed ahead, connected by a rigid connection so as to form a composite unit shall be regarded as a ship with mechanical propulsion and shall make heard the signals prescribed in paragraphs a) or b) of this rule. g. A ship at anchor shall quickly sound the bell during five seconds approximately, at intervals not exceeding one minute. On board a ship with length equal to or higher than 100 meters, the bell shall be sounded on the front part of the ship and, immediately after, the gong shall be quickly sound during five seconds approximately at the rear part. A ship at anchor may moreover make hear three consecutive sounds, i.e. a short blast followed by a prolonged blast and a short blast, to announce its position and the possibility of collision to a ship which is approaching. h. A stranded ship shall sound the bell and, where necessary, make the gong heard, as it is prescribed in paragraph g. of this rule. Moreover, it shall make hear three separate and distinct blows of the bell immediately before and after having made hear the fast ringing of the bell. Moreover, a stranded ship may emit with the whistle an appropriate signal. i. A ship less than 12 meters shall not be required to make hear the signals mentioned above, but when it does not do so, it shall make hear another effective sound signal at intervals not exceeding two minutes. j. A pilot boat in the process of a piloting service may, in addition to the signals prescribed in paragraphs a., b. or g. of this rule, make hear an identification signal consisting of four short blasts. Rule 36: Signals intended to call attention Any ship may, if it deems it necessary, call the attention of another ship, by emitting light or sound signals not to be confused with any other signal authorized by any of these rules, or by directing the beam of its projector in the direction of the danger which threatens a ship in such a way that this beam cannot obstruct other ships. Any light intended to attract the attention of another ship should be such as not to be confused with a navigation aid. For the purposes of this rule, the use of intermittent or revolving high-powered lights, such as the gyroscopic headlights, must be avoided. Rule 37: Distress Signals A ship which is in distress and requests assistance shall use or show the signals described in Appendix IV of these Regulations. PART E EXEMPTIONS Rule 38: Exemptions Any ship (or category of ships) which meets the regulations of the 1960 International Rules to prevent collisions at sea and whose keel is posed, or which is at an equivalent stage of construction, before these Regulations come into effect, may profit from the following exemptions which are applicable to said Regulations:
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a. Installation of lights whose luminous range is prescribed by Rule 22: four years as from the date on which these Regulations come into effect. b. Installation of lights whose colours are prescribed in Section 7 of Appendix I of these Regulations: four years as from the date on which these Regulations come into effect. c. Change of location of lights resulting from the passage of British measurements to the metric system and of rounding figures of measurements: permanent exemption. d. i. Change of location of masthead lights aboard ships less than 150 meters long, resulting from the regulations of Section 3 a. of Appendix I of these Regulations: permanent exemption. II. Change of location of masthead lights aboard ships with length equal to or higher than 150 meters, resulting from the regulations of Section 3 a. of Appendix I of these Regulations: nine years as from the date on which these Regulations come into effect. e. Change of location of masthead lights resulting from the regulations of Section 2 b. of Appendix I of these Regulations: nine years as from the date on which these Regulations come into effect. f. Change of location of sidelights resulting from the regulations of Sections 2 g. and 3 b. of Appendix I of these Regulations: nine years as from the date on which these Regulations come into effect. g. Specifications of the sound signal equipment prescribed by Appendix III of these Regulations: nine years as from the date on which these Regulations come into effect. h. Change of location of lights visible on the whole horizon resulting from the regulations of Section 9 b. of Appendix I of these Regulations: permanent exemption. II.7. MARINE INSURANCES 7.a. DECREE OF THE DIRECTOR OF FINANCE OF 18 SEPTEMBER 1951 RELATIING TO THE ORGANIZATION OF THE MARINE INSURANCE MARKET (OFFICIAL GAZETTE OF 26 OCTOBER 1951). ARTICLE ONE: Modified by ministerial decree of 18 February 1959. A Moroccan Committee of Maritime Risk Rating, vessel and cargo included, is hereby created. It shall be made up as follows: - Four members representing the companies practicing maritime insurance operations, having their head office in Morocco. These members shall be elected each year by the managers or directors of these companies meeting together in a general meeting; - Six members representing the companies practicing maritime insurance operations, having their head office out of Morocco. These members shall be elected each year by the delegates of these companies meeting together in a general meeting; - A representative of the contract underwriting agents. ARTICLE 2: The Moroccan Committee of Maritime Risk Rating shall be subject to the control of the Direction of Finance. A Government commissioner shall attend all Committee meetings. He may be replaced by a deputy commissioner.
(Departmental Decree of 19 May 1953).

The decisions taken by the Committee shall be enforceable within one clear day from the decision. However, this time limit shall be increased to fifteen clear days in case of decisions inflicting the sanctions provided for in article 8 below. The government commissioner may, at the expiry of these time limits, give notice to the effect that he either opposes such decision,
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or fixes an additional time limit, which shall not exceed fifteen clear days, to make his decision. At the expiry of this new time limit, the decision shall become enforceable if the Government commissioner is not opposed thereto. ARTICLE 3: The rating committee shall fix, as regards the tariffs and conditions of underwriting marine insurance policies on vessel and cargo, the general or particular rules which shall be applied by all companies practicing in Morocco marine insurance operations. The committee may control the accuracy of disaster regulations and their conformity with the conditions of the corresponding policies. ARTICLE 4: Modified by ministerial decree of 26 July 1963 and that of 22 February 1975. The full underwriting of marine insurances concerning both the maritime risks on the body of ships and the maritime risks on cargo may not exceed five million Dirhams. In the event companies practicing in Morocco marine insurance operations would merge subsequently to the publication date of this decree, this maximum would be increased by 1,250,000 Dirhams per merger. However, in particular cases and after taking the opinion of the rating committee, higher or inferior maxima usable under the same conditions may be authorized by decision of the Minister of Finance. Optional underwriting shall come in addition to the limits fixed above. ARTICLE 5: Decisions of the Director of Finance will fix the highest broking rate in Morocco in terms of marine insurances on vessel and cargo, both for ordinary maritime risks and for war maritime risks. ARTICLE 6: Infringements to the provisions of articles 3, 4 and 5 shall be stated by Moroccan Rating Committee. ARTICLE 7: This committee may, for this purpose, see that the necessary checks are carried out both in the head offices or special offices and in the offices of underwriting agents. These checks may only be carried out by people specially entitled for this purpose by the rating committee and independent both with regard to the insurance companies and their agents. ARTICLE 8: Rules of procedure, approved by the Director of Finance, will fix in particular the conditions of administration and management of the rating committee. These Rules of procedure will also provide for the sanctions which could be inflicted to companies which contravene the provisions of articles 3, 4 and 5 of this decree. The amount of the fines shall be paid in a special fund managed by the committee and whose balance shall, after deducting the committees operation costs, be reserved for works of social interest specified by the Director of Finance. ARTICLE 9: Any refusal by a manager or director, a delegate or underwriting agent to communicate documents, as well as any repeated infringements to the provisions of articles 3, 4 and 5 above, shall be notified to the government commissioner. The insurance company in question will be liable, in such cases, to the sanctions provided for in articles 18 and 21 of the vizirial decree referred to above of 6 September 1941; these sanctions may go as far as to the withdrawal of the license.

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ARTICLE 10: The decree of 13 December 1941 relating to the brokerage rates in terms of marine insurance is hereby abrogated. III. LEGISLATION AND REGULATION SUPPLEMENTING THE MARITIME COMMERCIAL LAW III.1. MARITIME WRECKS 1.a. DAHIR OF 23 MARCH 1916 (18 JOUMADA I 1334) ON MARITIME WRECKS (OFFICIAL GAZETTE OF 27 MARCH 1916). ARTICLE ONE: (Modified by Dahir of 28 February 1923 - 8 Rejeb 1341) Definition of maritime wrecks: Shall be indicated by the name maritime wrecks any objects without Masters found on the floods, drawn from the sea-bed, outside of the fishing industry, or rejected on strands and shores. Shall be classified, in particular, as maritime wrecks: 1. things of sea vintage (such as: amber, coral, sponges, fish with bacon). 2. anchors, hooks and chains given up without buoy ropes and buoys to indicate them; 3. jewels and valuable articles found on shipwrecked persons, with the express exclusion of their clothing. Kelps and other marine grasses shall not be regarded as wrecks, but as products of the public domain of the State. ARTICLE 2: Duties of the rescuers: Persons who, in Moroccan waters or on Moroccan coasts, draw wrecks from the sea-bed, collect them on floods or on the shore, shall make a declaration and handing-over thereof within twenty-four hours of their unloading or discovery, at the office of the nearest port, or in default to the customs agents, the agents of the headlight and beacon service or to the agents of the stevedoring charges service, or else to the control administrative authority, who shall transmit the same without delay to the officer of the closest port. The agents to whom the handing-over was made by the rescuer shall deliver a detailed receipt of the received wrecks to him. Failure to make a declaration and a handing-over will make the rescuers liable to the sentences enacted for theft and concealment by the applicable legal texts. ARTICLE 3: Duties of port officers: Port officers shall ensure the guard and conservation of wrecks. In default, customs agents, agents of the headlight and beacon service, agents of the stevedoring charges service or the control administrative authority shall be entrusted with this care until the wrecks are handed over to the officer of the closest port. This agent shall immediately draws up a detailed inventory, a copy of which he shall send to the Director General of Public Works, taking care to mention the circumstances of the handing-over, the discharge point of the wrecks, and the measures taken for guarding and conservation the same. ARTICLE 4: Posting and publication: The nomenclature of the rescued wrecks shall be inserted in the Official Gazette in the first days of each quarter, and posted in all port offices at the diligence of the Director General of Public Works. This nomenclature shall give all the
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details suitable to facilitate the recognition of wrecks, by indicating in particular the day, place and circumstances of their discovery, the distinctive marks or identity that they may carry. When the wrecks are important, insertion in the Official Gazette and posting shall take place without time limit. If the wreck owner is known, he will receive formal notice by the administration to remove the same within a time limit to be fixed by said administration. ARTICLE 5: Restitution of wrecks: Wrecks may be claimed at the port office where they are deposited, within three months from the publication thereof. Owners or their agents must justify their rights by bills of lading, policy insurances, invoices or other evidences of property. Wrecks will be returned to the rightful claimants against refunding, according to a statement issued by the Director General of Public Works, of the various expenditure incurred for the rescue and conservation thereof, in particular of expenses related to transport, storing, guarding, inventory, posting, publication, customs duties, etc, as well as the share due to rescuers, as defined in article 7 below. ARTICLE 6: Unclaimed wrecks: Unclaimed wrecks at the expiry of the time limit assigned in article 5 shall become the property of the State and the proceeds of their sale, which shall be carried out by the State property service, shall be acquired by the Treasury, after deducting the share due to rescuers. In the event the net profit of the sale does not cover administrations expenses for work and realization, once the rescuer is paid, the administration shall have any useful appeal against the wreck owner, formally notified as prescribed in article 4 above. The wreck owner may only be exonerated from such appeal by providing the proof of a case of force majeure, not only with regard to the event which produced the wreck, but also with regard to the impossibility in which he would claim to happen to be to remove the same. ARTICLE 7: Rights of rescuers: Rescuers shall, in principle, have right to one third of the objects found. Exception shall be made: 1. For anchors, hooks and chains drawn from the sea-bed, which shall become the integral property of rescuers, without necessity of division, if they are not claimed within the time limit allowed in article 5; 2. For things of sea vintage, which shall become the entire property of the rescuers, when they are drawn from the sea-bed, apart from the fishing industry, or collected on the floods; 3. For powder, tobacco, firearms, projectiles, ammunition of all kinds and, generally speaking, for all monopolized objects, and those whose import is absolutely prohibited or subject to prior approval, such objects shall never be divided in kind; they are handed, depending on the case, to the appropriate administration, and rescuers shall receive an allowance effected by the Director General of Public Works on the basis of one third of their value, determined by the department concerned. Rescuers share shall be delivered to them at the port office where the objects are deposited by the owner, or in default by the port officer. Division shall be made in kind whenever possible, without any deduction for transport, guard, storing or conservation costs, but with the recipients participating in proportion to their quota
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in the expenditure arising from making good the wreck in whole or in part, thus giving it an added value, and to discharge custom charges or various taxes. When division in kind is impossible, sale shall be made by adjudication in public biddings in the forms fixed by articles 499 and 500 of Dahir of Civil Procedure. Any objects subject to deterioration or corruption might be sold before the expiry of the time limits fixed above, by virtue of a court ordinance issued by the appropriate jurisdiction, and according to the ordinary procedure, at the request of the Directorate General of Public Works. The rescuer shall, in all cases, be exonerated from all sale expenses. All operations of handing-over to the interested parties, sale or division carried out by port officers shall give rise to drawing up, in duplicate, of a fully detailed minutes, which shall be signed by the parties and submitted for approval to the Director General of Public Works. III.2. MEDICAL POLICE 2.a. DAHIR OF 5 JANUARY 1916 (28 SAFAR 1334) BEARING REORGANIZATION OF THE MARITIME MEDICAL POLICE (OFFICIAL GAZETTE OF 13 MARCH 1916). PART I: ON DISEASES WHICH ARE THE MAIN SUBJECT OF THE MARITIME MEDICAL POLICE ARTICLE 1: Cholera, plague and yellow fever shall determine in the Kingdom of Morocco the implementation of permanent medical measures. Measures are also taken with regard to any ship likely to propagate other contagious diseases or whose hygienic conditions are deemed dangerous by the health authority. PART II: ON THE HEALTH LICENCE ARTICLES 2 to 12: (Abrogated by Dahir of 22 April 1953 - 8 Chaabane 1372 bearing application by the
Kingdom of Morocco of the International Medical Regulations, adopted by the World Health Assembly at Geneva, on 25 May 1951).

PART III: MEDICAL MEASURES TAKEN UPON DEPARTURE ARTICLE 13: The commanding officer of a Moroccan or foreign ship, which happens to be in a port of the Kingdom of Morocco and preparing itself to leave such port, shall make a declaration thereof to the health authority, before proceeding with its loading or taking passengers on board. ARTICLE 14: In all cases where it deems it necessary, the health authority shall be entitled to proceed, before loading, with an inspection of the ship and, before departure, to the inspection of the crew and of passengers, to check the existence, arrangement and maintenance of premises assigned to the insulation and treatment of patients, the composition of the medicine chest, variable according to the nature of the prevailing diseases in the
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fairway taken by the ship, to require any information and justification concerning the quality of drinking water embarked, means of preserving or producing it, the nature and quality of food and drinks, the cleanliness of the effects of crew or embarked persons and, in general, the hygienic conditions of the personnel and equipment on board. These various operations shall be carried out as soon as possible, so as to avoid any delay to the ship. ARTICLE 15: The health authority shall oppose the embarking of persons or objects likely to propagate pestilential diseases. It shall also oppose the embarking of persons and objects likely to propagate others transmissible affections, insofar as it could not be taken, with regard such people and objects, sufficient precautions to preserve passengers and crew from contagion. ARTICLE 16: The licence necessary, either to operate loading or to take the sea, shall only be delivered by the commanding officer of the port or any other authority standing theretofore, upon showing a licence given by the health authority. ARTICLE 17: Fishing vessels and, in general, ships which wander little from the port of departure shall be exempted, save exceptional regulations, from the declaration provided for in article 13. PART IV: MEDICAL MEASURES UPON ARRIVAL A. ON THE RECOGNITION, STOPPING AND EXAMINING OF SHIPS ARTICLE 18: Any ship which arrives in a port of the Kingdom of Morocco shall, prior to any communication, be recognized and, if necessary, stopped and examined by the health authority. This compulsory operation aims at stating the ships origin and sanitary conditions.
(Modified by Dahir of 22 April 1953 - 8 Chaabane 1372).

Recognition shall consist in a summary interrogation for ships known and manifestly free from suspicion, and stopping and examining shall consist in a deeper interrogation, according to a formula determined by the health department. ARTICLE 19: Recognition, stopping and examining operations shall be carried out without delay; they shall be practised even by night for postal ships and war ships, whatever their nationality, whenever the circumstances permit so. However, should there be suspicion as to the ships origin or sanitary conditions, stopping and medical examining may only take place by day. ARTICLE 20: The results, either of recognition or of stopping and examining, shall be stated in writing and simultaneously recorded on the log book and on a special register held by the health authority of the relevant port. ARTICLE 21: Shall be exempted from recognition debt control ships, boats practicing offshore fishing on the coasts of the Kingdom of Morocco, pilot boats, coastguard ships, in

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general boats which wander little from the shore and which can be recognized upon simple inspection. ARTICLE 22: In the cases provided for by the regulation and in all circumstances where the health authority deems it useful, the health authority shall proceed with a medical visit of passengers and of the crew and with a medical inspection of the ship. These operations shall only take place by day, between sunrise and sunset. However, if the military authority considers that the ships lighting conditions as sufficient, it may carry out the medical visit and medical inspection after sunset, up to 11:00 p.m., from April to September, and up to 9:00 p.m., from October to March. ARTICLE 23: Any commanding officer, apart from the exceptions provided for in article 7, arriving in a Moroccan port, shall: 1. rigorously prevent any communication, any unloading of his ship before it is recognized and admitted to free practice; 2. present or have the doctor present to the health authority all the ships papers, including the medical register, after having taken communication thereof, if he deems it useful; 3. In the absence of a doctor, and under oath, answer medical interrogation and give any information likely to interest public health; 4. Unless the needs of operation are contrary thereto, receive, in person, accompanied by the doctor, if any on board, at the ships gangway, upon arrival, the doctor in charge of the medical visit, and to ensure for the latter the use of the commanding ladder to go up on board; 5. generally speaking, both upon arrival and during the stay in port, to conform to all the regulations, as well as to the orders given to him by the health authorities. The ships commanding officer shall be personally liable for his acts in front of the maritime health authorities, without possibility for him to interpose, at any moment, between said authorities and himself, the action either of the company representatives, or of maritime brokers. ARTICLE 24: Deck officers, the crew and passengers may, when the health authority deems it necessary, be subject to similar interrogations and compelled, under oath, to make similar declarations. ARTICLE 25: Ships exempted from showing a health licence or are provided with a clear health licence, shall be immediately allowed to free practice, after recognition or stopping and examining, except in the cases mentioned below: a. When the ship has had on board, during the crossing, accidents, certain or suspect, of cholera, yellow fever or plague or a critical disease, transmissible and importable; b. When the ship has had at sea communications of suspect nature; c. When it presents, on arrival, dangerous hygienic conditions; d. When the health authority has legitimate reasons to question the sincerity of the content of the health licence; e. When the ship comes from a port which maintains free relations with a neighbouring contaminated district;

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f. When the ship, coming from a district where was reigning, little before, a pestilential disease, left this district before said disease ceases to be considered as contaminated. In these various cases, the ship, although provided with a clear licence, may be subject to the same measures as it had a rough licence. B. MEASURES TO BE TAKEN AGAINST SHIPS COMING FROM CONTAMINATED COUNTRIES ARTICLE 26: Any ship arriving with a rough health licence shall be subject to one of the medical schemes given in the articles below. ARTICLE 27: This scheme will differ according to the nature of the pestilential disease mentioned on the health licence and according to whether the ship is unscathed, suspect or infected, subject to the exemptions provided for in article 52 of this Dahir. Moreover, the scheme draws, from the technical point of view, upon the regulations contained in the precise prophylactic instructions which will be the object of by-laws. Cholera ARTICLES 28, 29 and 30: Abrogated by Dahir of 22 April 1953 - 8 Chaabane 1372, bearing application
of the International Medical Regulations, adopted by the World Health Assembly at Geneva, on 25 May 1951.

Plague ARTICLES 31, 32 and 33: Abrogated by Dahir of 22 April 1953 - 8 Chaabane 1372, bearing application of the International Medical Regulations, adopted by the World Health Assembly at Geneva, on 25 May 1951. ARTICLE 34: Any ship coming from a district contaminated by plague, whether it has been or not subject to rat extermination, shall be subject, by the health authority, during the unloading operation, to a monitoring with a view to checking the presence on board of alive or dead rats. If the checking carried out reveals the existence of plague among these animals might be suspected, the health authority shall ensure the nature of the disease considered and take useful measures to avoid the propagation thereof. The ship shall be moved away from the quays, the rat corpses shall be collected with the required precautions and destroyed. Any illness occurring among the persons who are carrying or who carried out unloading shall give rise to an immediate medical exam. ARTICLE 35: Persons who were in charge of total or partial disinfection of an infected ship, who carried out before or during the ships disinfection unloading and the disinfection of goods, or who remained on board while these operations were carried out, shall be subject by the medical authority to a monitoring for five days, starting from the end of said operations. The ship shall be subject to insulation until the aforementioned operations of unloading and disinfection, carried out on board, are finished.
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On Rat Extermination ARTICLE 36: The destruction of rats or rat extermination, exclusively carried out by means of apparatuses whose effectiveness has been recognized by the High Hygiene Council, is compulsory for admission in the ports of Morocco: 1. of any ship coming from, or having made a stopover in, a port considered as contaminated by plague; 2. of any ship having taken in trans-shipment, i.e. on board, more than 50 tons of goods originating in a country considered as contaminated by plague. These provisions are applicable to ships having already discharged part of their cargo in one or more foreign ports. ARTICLE 37: May be exempted from rat extermination: 1. Ships which limit themselves to depositing passengers in the ports of the Kingdom of Morocco without mooring and which make a stay of a few hours; 2. Ships making a stopover of less than 12 hours and leaving less than 500 tons of goods, on condition that monitoring of unloading is operated exclusively by day, while the ship is maintained at a distance from the quays and its mooring ropes grafted; 3. Steamers which, for more than sixty days, have not touched any port considered as contaminated by plague and on board of which no medical fact of suspect nature has been observed; 4. Ships which, having made a stopover in a port considered as contaminated, would justify that they have neither moored at quay or wharves, nor embarked goods; 5. Ships which would have undergone the relevant declaration in a foreign port since their departure from the last port considered as contaminated. It shall be justified, in this case, that no suspect medical fact has occurred on board during the crossing and that the rat extermination has been carried out with the same apparatuses and the same guarantees as in the Kingdom of Morocco. The ships commanding officer shall provide, for this purpose, the health authority with a certificate mentioning the apparatus used, the conditions under which the operation has been carried out, the observations made, etc. This certificate shall be stamped by the consular authority; 6. Ships falling under the conditions referred to in paragraph 2 of article 36, if the goods have been transhipped from a ship which has been rat-exterminated under the conditions prescribed in the preceding paragraph, and whether they are accompanied by the rat extermination certificate provided for in said paragraph. ARTICLE 38: Shall be considered as goods, for the application of this Dahir, all embarked products, appearing or not in the manifest, the only exception being coal embarked for operation needs, without mooring at the quay. ARTICLE 39: Ships subject to the obligation of rat extermination may be authorized to proceed with this operation only after passengers will have been disembarked without mooring, or after unloading a maximum of 500 tons of goods, on condition that such unloading will be carried out in the forms provided for in paragraph 2 of article 37.

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Save exceptional circumstances, whose appreciation shall exclusively lie with the health authority, this authorization, as well as the exemption defined in paragraph 2 of article 37, will only be granted if the goods to be discharged come the same hold. ARTICLE 40: If rat extermination has been carried out during the voyage for any ship equipped with one of the apparatuses provided for in article 36, the health authority of the port of arrival shall appreciate, on the basis of the justifications presented, the conditions under which the operations were carried out and the guarantees provided; the health authority may require the partial or total replacement of said guarantees. ARTICLE 41: In ports, rat extermination shall be carried out before the unloading of the ship. The operation shall include holds, compartments, store-rooms, crew stations, the stations of emigrants or 3rd and 4th class passengers and, in general, all interior compartments of the ship. Cabins of officers and 1st and 2nd class passengers, as well as the dining rooms and living rooms which are assigned to them, shall only be subject to rat extermination insofar as the health authority deems it useful, in particular when the ship is suspected or infected with plague or when it is noted, among the rats on board, the existence of this disease or a strange mortality. ARTICLE 42: Apparatuses intended for rat extermination, under the terms of article 36, shall be made available to fitting-out, according to the conditions approved by the health authority. Ports provided with one of the apparatuses indicated above shall alone be opened to inflows from countries considered as contaminated by plague. The operations shall be carried out under the permanent control of the health authority and within the minimum time possible. ARTICLE 43: A certificate reporting the conditions under which the operation has been carried out shall be delivered to the commanding officer or the fitters by the health service. ARTICLE 44: Ships which would not be under the conditions prescribed in order to be subject to rat extermination may be allowed, at their request, to undergo this operation, on departure and on arrival, either in full holds, or in empty holds, and to obtain, accordingly, the delivery of the certificate provided for in the preceding article. All facilities shall be given for this purpose. Yellow fever ARTICLES 45, 46 and 47: Abrogated by Dahir of 22 April 1953 - 8 Chaabane 1372, bearing application of the International Medical Regulations, adopted by the World Health Assembly at Geneva, on 25 May 1951. Common provisions for ships under rough licence ARTICLE 48: The health authority shall take into account, for the application of the measures referred to in the preceding articles, the presence of a doctor and disinfection apparatuses (drying ovens) aboard the three categories of ships above-mentioned. With regard to plague, it shall also ensure the availability on board of apparatuses of rat destruction.

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ARTICLE 49: The measures prescribed by the ports health authority shall be notified without delay and in writing to the commanding officer, subject to the modifications that later circumstances might make necessary. ARTICLE 50: Any ship subject to insulation shall be held aside, in a specific station supervised by health guards. ARTICLE 51: An infected ship which only make a mere stopover, without taking practice, or which does not want to subject itself to the obligations imposed by the port authority, shall be free to take the sea again. In this case, the health licence shall be returned to it with a visa mentioning the conditions under which it leaves. It may be authorized to unload its goods, after the necessary precautions have been taken. It may also be authorized to unload passengers who would ask to do so, provided that they submit to the measures prescribed for infected ships. When a ship disembarks only passengers and their luggage or the mail, without having been in communication with the land, it shall not be regarded as having touched the port. ARTICLE 52: The ships coming from a contaminated area, which have been disinfected and subject to medical measures applied in a sufficient way, shall not undergo again such measures upon arrival in a port of the Kingdom of Morocco, on condition that no case has occurred since disinfection was carried out and that it did not make a stopover in a contaminated port. ARTICLE 53: Persons subject to the medical monitoring specified in articles 28, 29, 30, 31, 32 and 33 shall make provide the health service with theirs last names, first names and capacities, the place where they go and their residence therein and to provide, in support of these indications, any useful references. If they refuse to do so, monitoring would be replaced for them by observation. Persons subject to medical monitoring shall receive a medical passport which they shall present or have presented to the administrative authority: civil controller, head information clerk or chief of municipal services. They shall also accept the control of this authority, from the medical point of view, throughout the prescribed time limit. The administrative authority shall be directly notified, by the health authority of the port of disembarkation, about the arrival of said passengers and the surveillance measures it shall exert with respect to them. ARTICLE 54: The observation applicable to passengers and crew under the terms of these Regulations consists in their insulation, either aboard the ship, in a lazaretto or a medical station, until they obtain free practice. ARTICLE 55: Ships loaded with emigrants, pilgrims, troops and, in general, all ships deemed dangerous because of a human agglomeration in bad conditions may, at any time, be subject to special precautions to be determined by the health authority of the port of arrival, except in case the matter is referred, without delay, to the director of the department of health and public assistance.
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ARTICLE 56: When a ship is subject to medical measures which may delay its admission to free practice, dispatches shall be unloaded without communication with the deck in order to be delivered, under the monitoring of the health authority, either to the delegate of the post administration, or to the agents of maritime companies duly authorized for this purpose. Under no circumstances shall the embarked post agent, as well as any other person on the deck, be allowed to disembark to accompany the dispatches before free practice is granted. ARTICLE 57: In addition to the various measures specified in the preceding articles, a ports health authority shall be entitled, in the presence of an imminent danger and, unexpectedly, to temporarily prescribe such measures as it shall deem essential to guarantee public health. Under no circumstances shall the measures taken by a ports health authority give rise to any compensation in the benefit of navigation companies, fitters, owners or any contractors, even if accidental, of haulage companies or private individual. ARTICLE 58: If a ship, not immediately allowed to free practice, carries live animals which, for fear of perishing, must be unloaded as soon as possible, this unloading may be operated either with the lazaretto or, in default, on lighters, under conditions which make it possible to note the medical condition of each animal thus unloaded, while possibly keeping on board, for a serious examination, those among them which would appear sick or suspect. ARTICLE 59: Any ship or any individual that would try, in infringement of the regulations and orders of the health authority, to penetrate in free circulation, to trespass a sanitary cordon or to get from an infected or prohibited place to a place which is not shall, after a warning to withdraw, be pushed back with sharp force, without prejudice to the incurred penalties. PART V: ON GOODS - IMPORTS DISINFECTION - PROHIBITION - TRANSIT ARTICLE 60: Save the exceptions provided for in article 62, goods arriving by an unscathed, suspect or infected ship shall only be subject to special measures if the health authority considers them as contaminated by plague-infected or choleraic products. These measures include: disinfection, ventilation, destruction and prohibition. ARTICLE 61: Disinfection shall always be applied, independently from the case referred to in the preceding article, to the goods and objects below, coming from districts contaminated by cholera: 1. Body linen, rags and clothing worn (effects for use) and objects of used bed linen, transported as goods; packages left by soldiers and sailors and returned to their fatherland after death; 2. Old carpets; 3. Cleaning and mixed rags, unless they fall under the following categories, which are allowed in free circulation: a. Cleaning rags compressed by hydraulic force, transported as wholesale goods, by ringed iron bundles, except in case the health authority has legitimate reasons to regard them as contaminated;

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b. New waste coming directly from workshops of spinning mills, weaving plants, the clothing or bleaching industry, artificial wools and new paper clippings. However, the disinfection of rags, clothes and objects which are part of luggage or furniture (settlement effects), coming from a territorial district declared as contaminated, shall only be carried out if the health authority regards them as contaminated. ARTICLE 62: If goods arriving in bulk or in defective packing were, during the crossing, contaminated by rats found plague-bearing and such goods cannot be disinfected, germ destruction may be secured by storing them, under the most favourable conditions of ventilation, for a maximum duration of two weeks. ARTICLE 63: In case it is impossible to purify, preserve or transport without danger animals or material objects likely to transmit contagion, they could be, without the obligation of refunding the value thereof, with respect to animals killed or buried, with respect to material objects destroyed and burned. The necessity of this measure shall be stated in minutes drawn up by the medical agent and these minutes shall have probative force until proof to the contrary. ARTICLE 64: Goods coming from contaminated countries shall be allowed in transit without disinfection, if they are provided with an envelope preventing any danger of transmission. ARTICLE 65: Letters and correspondences, printed matter, books, newspapers, business papers (postal parcels not included) shall be subject to no restriction or disinfection. ARTICLE 66: Live animals may be subject to disinfection measures. Certificates of origin may be required for animals embarked on a ship coming from a port in the vicinity of which reigns an epizooty. Similar certificates may be delivered for animals embarked in Morocco. When rawhides, fresh skins or animal remains are dispatched from Morocco to a foreign country, they may, at shippers request, be the object of certificates of origin delivered on the basis of the statement of the medical veterinary surgeon of the port of Casablanca or the municipal veterinary surgeon in the other ports of Morocco. ARTICLE 67: Objects and goods enumerated in article 58 may be prohibited on entry by a decree of the appropriate authority, published in the Official Gazette. PART VI: ON PILGRIMAGE TO MECCA ARTICLES 68 to 85: (Abrogated by Dahir of 14 March 1929 - 2 Chaoual 1347 relative to the organization
of pilgrimage to the Holy Places of Islam).

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PART VII: MEDICAL FEES ARTICLE 86: (Modified by Dahir of 18 September 1954 - 19 Moharrem 1374). In accordance with the provisions of article 101, paragraph I, of the International Medical Regulations, adopted by the World Health Assembly at Geneva on 25 May 1951, Morocco gives up the collection of any sanitary fees for medical inspections, medical examinations and vaccinations on arrival, as they are defined in subparagraphs a. and b. of paragraph I of article 101 above-mentioned. ARTICLE 87: (Modified by Dahir of 18 September 1954 - 19 Moharrem 1374). The medical fees which may be perceived in Morocco are fixed as follows: I. Fees payable for the inspection of a ship for the purpose of rat extermination or exemption from rat extermination. Any ship subject to such inspection shall give rise to the payment of a fee fixed at: 800 Francs for a net tonnage not exceeding 300 tons; 1600 Francs for a net tonnage from 301 to 1000 tons; 3150 Francs for a net tonnage from 1001 to 3000 tons; 4750 Francs for a net tonnage from 3001 to 10000 tons; 6300 Francs for a net tonnage exceeding 10000 tons. The rat extermination, if any, prescribed by the health authority shall be carried out by approved firms, under the technical control of the quarantine service, at the rates and conditions of free enterprise. II. Wagon Demurrage: These fees shall be paid by ships which are infected or coming from infected districts, subject to medical measures such as disinfection, disinsectization, etc, provided for by the international maritime medical regulations above-mentioned. They are fixed at 500 Francs per day for a net tonnage not exceeding 100 tons and increased by 5 Francs per day and per ton when the net tonnage exceeds 100 tons. Complete or partial disinfection and desinsectization of ships shall be carried out under the same conditions as rat extermination, at the rates of free enterprise. The same goes for the disinfection of certain goods. III. Fees payable for the disinfection of linen rooms, mattresses, various objects, carried out by the quarantine service: The fees charged for this operation are fixed at 600 Francs per 100 kilogrammes or fraction of 100 kilogrammes of matter treated. IV. Passenger Insulation Fees: These fees are due for the insulation of any person affected by a quarantine disease, of any germ carrier or any individual suspected of a quarantine disease. They fees are calculated by the health authority on the basis of the actual cost of food and medicine provided, products employed and of any services directly required by the application of the insulation measure. Persons responsible for the payment of these fees are:
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a. The ships owner or commanding officer, in case of insulation of the crew; b. The isolated person itself, in case of insulation of the traveller. V. Fees of setting in observation any person affected or supposed to be affected by the causative agent of a quarantine disease. These fees shall be calculated by the health authority on the basis of the actual cost of food provided and of any possible expenditure directly arising from application of the necessary measures. Persons responsible for the payment of these fees are: a. The ships owner or commanding officer, in the event of setting in observation of the crew; b. The person set in observation, if it does not belong to the crew. VI. Fees of vaccination on departure with delivery of a certificate (Abrogated as of 1 April 1967 by
Royal Decree No. 1157-66 of 31 December 1966 - 18 Ramadan 1386 of the Financial Law of 1967).

VII. Delivery of disinfection certificates to export cleaning rags: These certificates, which shall be delivered only by the health authority (sanitary control at the borders), shall be subject to a medical fee fixed at 300 Francs per issued certificate. ARTICLE 88: Soldiers and sailors travelling individually shall pay in full the sanitary tax provided for in the 2nd subparagraph of paragraph A of article 86. Soldiers and sailors, travelling as a body, shall pay the following tax: Officers ....................................................................... 5 F Non-commissioned officers and soldiers ................... 1 F Shall be exempted from the medical fees children below five and any person embarked at the expenses of the government or ex-officio, by consuls. ARTICLE 89: Medical fees applicable to emigrants or pilgrims travelling by virtue of a contract shall be at the expense of the fitter. ARTICLE 90: Shall be exempted from all the medical fees determined in the preceding articles: 1. war vessels and ships belonging to the various services of Morocco; 2. (Modified by Dahir of 29 August 1925 - 9 Safar 1344). Vessels in compulsory entry into a port, provided that they do not give rise to any sanitary operation and they do not undertake in the port any operations other than those of supply or coal provisioning. However, as long as stopping and examining will not be carried out at quay, these vessels shall be subject to the payment of the tax planned for the health boat. 3. Moroccan or foreign fishing vessels, including transport carrying fish in Moroccan ports, provided that these various boats do not undertake commercial operations in the ports of compulsory entry; 4. Vessels going to carry out tests at sea, without undertaking commercial operations.
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ARTICLE 91: Receipts arising from the levying of the medical fees and fines shall be paid into the customs cash deck. PART VIII: ON HEALTH AUTHORITIES ARTICLE 92: The medical police of the Moroccan littoral reports, like all departments of health or assistance in Morocco, to the Director General of the health Department. ARTICLE 93: Technical management is ensured by a doctor of the public health and assistance service, appointed by Vizirial decree, carrying the title of Health Director and residing in Casablanca. ARTICLE 94: The Health Director is responsible for seeing to the enforcement of the regulations and instructions on the maritime medical police. He shall, moreover, manage the sanitary station of Casablanca. For the operation of this service, he shall have under his orders medical agents and doctors carrying the title of health doctors, also appointed by Vizirial decree. ARTICLE 95: The maritime district of the Morocco littoral shall includes the sanitary stations of Mogador, Safi, Mazagan, Fedhala, Rabat-Sal, Mehdia-Kenitra and the sanitary station of Casablanca. On each one of these points, the mobile medical police shall be ensured by a medical agent and a doctor. ARTICLE 96: The medical agents shall oppose by all the means available to them infringements to the regulations. Infringements shall be stated by minutes drawn up by the medical agents. They are entitled to require, for the service which they are entrusted with, the assistance of not only of the police force, but also in case of emergency of customs employees, port officers and, if need be, any citizen. These requisitions shall otherwise not remove from their usual duties individuals entrusted with a public service, unless the danger is sufficiently pressing to temporarily require the sacrifice of any other interest. They shall deliver or stamp health licences. ARTICLE 97: The Health Director shall address each month to the director of public health and assistance service a report stating the medical condition of the ports of Morocco and summarizing the various information relating to public health in foreign countries with relation to these ports, as well as the medical measures which ships coming from said countries would have been subject to. This report shall be accompanied with a statement of the ships having justified the application of the special measures. The Health Director shall immediately inform the department of public health and assistance of any serious event concerning the public health of the various ports of Morocco or of foreign countries with relation to it.

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ARTICLE 98: In the event of menacing and unforeseen circumstances, the Health Director may urgently take such measure he considers fit to guarantee public health, subject to referring immediately to the direction of public health and assistance. ARTICLE 99: At the disposal and under the monitoring of the medical agent and doctor, there is in each station a team whose personnel is charged with the maintenance of the medical station, its equipment, the health boat, the transport of the agent and doctor aboard ships; this team shall also be specially trained in disinfection and rat extermination operations where necessary. Rules of procedure will determine later on the importance of premises to be allotted to medical stations, the kind of operation and technical equipment it will be necessary to provide, as well as summary measures of prophylactic nature which could be carried out therein. These same Rules of procedure will specify the role of the station of Casablanca, headquarters of lazaretto and single station towards which must be directed contaminated or suspect ships, recognized as having to undergo disinfection and rat extermination. PART IX: MARITIME MEDICAL COUNCIL ARTICLE 100: The mission of the Maritime Medical Council is to enlighten the higher authority about issues which interest public health, give opinions about the measures to be taken in case of invasion by or threat of a pestilential disease, see to the enforcement of the general and local regulations relating to maritime medical police and, if need be, give notice to the government about infringements or omissions. The Council shall be consulted, in the event of difficulty, about issues relating to the interior system of medical stations, the choice of sites assigned to ships subject to insulation, extraordinary measures to be taken and finally on construction plans and projects to be made in the sanitary institutions. The Council proposes the modifications and additions to be introduced into the local regulations concerning the health service. ARTICLE 101: The Maritime Medical Council shall be made up: 1. of the Director General of the Department of Health, Chair; 2. of the General Secretary of the government or his delegate; 3. of the Head of the Diplomatic Cabinet; 4. of the Director General of Public Works or his delegate; 5. of the Commander of the naval subdivision or his delegate; 6. of the Director of public health and assistance service; 7. of the Director of Customs and Indirect Taxes or his delegate; 8. of the Director of health in Casablanca. ARTICLE 102: The Maritime Medical Council shall meet every six months upon notice of its president. The Council shall itself appoint, among its members, its secretary. It may,
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moreover, be urgently convened, whenever a circumstance likely to interest public health appears to require so. PART X: ON THE COMPETENCE OF THE HEALTH AUTHORITIES IN LEGAL AND CIVIL STATUS MATTERS ARTICLE 103: The medical agents shall be entitled to carry out the duties of judiciary police officer within medical stations and reserved premises. ARTICLE 104: Throughout the quarantine, the medical agents shall, moreover, undertake the duties of civil status officers. For the issuance of civil status certificates, they shall conform to the forms and terms and conditions required for the issuance of civil status certificates. They shall then give these certificates to the nearest civil status officer, who shall ensure the registration thereof and follow up the recording, if any, on the basis of the personal status of the interested parties. ARTICLE 105: In the event of death, the doctor shall indicate on the register provided for in article 108 below the nature of the disease out of which the late succumbed, as well as the date of his/her burial. If the cause of death is not well determined or if there is an indication of violent death, the medical agent shall immediately notify the same to the department of health and to the public prosecutors department. ARTICLE 106: In the event of a violent death, the medical agent shall collect all the depositions and information likely to enlighten the court. Such information shall be recorded in the register provided for in article 108 below and communicated at once to the Director of health and to the public prosecutors department. ARTICLE 107: The medical agent shall also receive the wills of persons interned in the medical station. These instruments shall appear in the register provided for in article 108 below and shall be received in the presence of two witnesses. The medical agent shall file these instruments with the clerk office of the court having jurisdiction and, if the testator is a foreigner, with the consulate which said testator is affiliated with or, in the absence of such consulate, with the nearest administrative control authority. The will thus received will become null and void if it is not renewed by the person interested within six month from the day on which he/she would have left the medical station. ARTICLE 108: The medical agents shall hold a register reference listed and initialled by the director of health, reporting on a daily basis the facts and incidents concerning the medical station. ARTICLE 109: The medical agent of Casablanca shall, moreover, hold a checking register of the stations passengers. This register shall mention, on a daily basis, the last names, first names, occupations and residences of passengers, their place of origin, the name of the ship which brought them, etc, as well as the amount of medical fees they discharged.
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PART XI: ON SENTENCES, OFFENCES AND INFRINGMENTS IN MEDICAL MATTERS ARTICLE 110: Any infringement to the medical regulations shall be stated in minutes, which shall have probative force until proof of the contrary, and which shall be drawn up by the appropriate medical agent and transmitted by him to the public prosecutors department. A copy of such minutes shall be addressed to the Director of health. ARTICLE 111: Will be punished with imprisonment from three days to six months and a fine from 5 Francs to 500 Francs, or with one of these two sentences only, whoever will have contravened, in medical matters, this Dahir and the general or local regulations which might supplement it, or the orders of the appropriate authorities. ARTICLE 112: In the event of an infringement to this Dahir, in a port, road or anchorage of the Kingdom of Morocco, the ship shall be temporarily retained and the minutes shall be immediately made available to the commanding officer of the port or any other authority standing therefore, who shall defer the delivery of the exit ticket, until the ship would have met the prescriptions mentioned in the following article. ARTICLE 113: The agent, author of the minutes, shall arbitrate, temporarily, the fine amount as well as the minutes; he shall prescribe the immediate deposit thereof with the cash deck of the agent in charge of collecting medical fees, unless that this accountant is provided with a solvent guarantor. This accountant shall, in case acquittal, refund to the rightful claimant the sum deposited. If, on the contrary, a judgment is issued, the accountant shall pay this sum to the rate-collecting agent who shall have taken care of an extract of the judgement, or shall give notice to said accountant the name and residence of the guarantor provided. ARTICLE 114: Any offender shall elect domicile within the jurisdiction of the court of the place where the infringement was stated; should he fail to do so, all notices and notifications shall be validly made to him in the offices of the municipal services of the city where the infringement will have been drawn up. PART XII: GENERAL PROVISIONS ARTICLE 115: Local regulations approved by the Prime Minister shall determine for each port, if any, the special conditions to ensure the enforcement of the general regulations. ARTICLE 116: This Dahir hereby abrogates all former decrees on the organization of the maritime medical police in the Kingdom of Morocco. Starting from the day of promulgation of this Dahir, regulations enacted by the international medical council of Tangier shall no longer be applicable in the Kingdom of Morocco.

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2.b. VIZIRIAL DECREE OF 23 NOVEMBER 1946 (28 HIJJA 1365) BEARING THE ORGANIZATION OF SANITARY CONTROL AT LAND, MARITIME AND AIR BORDERS (OFFICIAL GAZETTE OF 6 DECEMBER 1946). ARTICLE ONE: Sanitary control at the borders concerns the application of the measures prescribed by international conventions and the medical regulations with a view to preventing the propagation by terrestrial, maritime or air ways of plague, cholera, yellow fever, exanthematic typhus and smallpox and, if necessary, of any other communicable disease. ARTICLE 2: The sanitary monitoring service at the borders includes in each border area one or more sanitary stations. The name "border area" or "border locality" applies to the areas and localities on the territory of which there is either a border station, road or railway, or a trading seaport, or an airport that meets the definitions of article 5 of the Vizirial decree of 30 May 1936 (9 Rebia I 1355). The name "border sanitary station" shall mean the whole personnel, equipment and sanitary institutions assigned to the control service in a given border locality, regardless of its importance. ARTICLE 3: The border sanitary monitoring service is placed, in each border area, under the authority of the senior physician of the area. The actual management of the service in each area is entrusted, under the authority of the senior physician of the area, to the department head in office in the most important sanitary station of the relevant area. ARTICLE 4: The management of the border sanitary monitoring service is assured: 1. either by principal doctors or doctors of public health specially assigned to this service; 2. or by the senior physicians of the regional hygiene and epidemiology services, assuming, in addition to the management of the border sanitary monitoring service, their normal competences; 3. or by the directors of the municipal hygiene offices in the cities where a border sanitary station is based, where a municipal hygiene office exists. ARTICLE 5: Doctors of medicine called "border sanitary control doctors" shall be entrusted, under the authority of the department heads, with all operations having a medical character (examination of suspect patients, systematic passenger medical inspection, protective inoculations, etc) ARTICLE 6: The heads of the border sanitary control service shall address each month, to the head doctor of the area, an activity report of their service. This report shall mention in particular information relative to the epidemiologic situation of the district and of foreign countries which have been in relation with it, as well as the prophylactic measures applied to persons originating in said countries. The heads of the border sanitary control service shall immediately warn the head doctor of the area of anything serious interesting the sanitary situation of their district or of foreign

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countries in relation with it. They are entitled, however, to take of their own initiative any decisions required by an urgent situation, subject to reporting the same without delay. Similarly, the notifications prescribed by international conventions shall be directly addressed by the department heads, by telegraph channel, to the Director of Public Health and the Family. A duplicate of this notification shall at once be transmitted to the head doctor of the area. ARTICLE 7: The head doctor of the area shall forward to the Department of Public Health a quarterly report on the activity of the border sanitary control services in his area. He shall, on the other hand, immediately warn the Director of Public Health and of the Family of anything serious interesting the sanitary situation of his area or foreign countries in relation with it. In the event of an urgent situation, he shall take the initiative for measures that he deems necessary for the protection of the territory, subject to referring the same without delay to the Director of Public Health and the Family. In particular, he shall directly impart the situation to the head doctors of the bordering areas. The head doctor of the area shall address, in the form of a report, all information relating to the health protection of land, maritime or air borders and to the application of international conventions to the head of the area. ARTICLE 8: In the event of menacing or unforeseen circumstances, the Director of Public Health and of the Family may urgently take any measure that he deems essential to guarantee public health, subject to referring about it immediately to the Secretary General of the Protectorate. ARTICLE 9: When one of the diseases provided for by this decree prevails in a bordering country and constitutes a threat to the national territory, a decree of the Secretary General of the Protectorate, issued upon a proposal of the Director of Public Health and of the Family, shall state the epidemic danger and specify the scope of the frontier zone to which medical police provisions shall be applicable, as well as the date on which they shall become enforceable. A decree, issued in the same forms, shall fix the date on which these provisions cease to be applicable. ARTICLE 10: When epidemic danger is stated in a given zone, the passage of the border in this zone for persons and goods coming from the infected country shall be authorized only for the border localities provided with a medical station, provided that these persons or goods are subject to the control of the health authority and to the measures prescribed by it. ARTICLE 11: All provisions in contradiction with this decree are hereby abrogated. ARTICLE 12: The Director of Public Health and the Family shall be entrusted with the enforcement of this decree. He shall determine by decree the list of "border localities" and establish by rules of procedure the organization of border sanitary control services.

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III.3. MARITIME PUBLIC DOMAIN 3.a. DAHIR OF 1 JULY 1914 (7 CHAABANE 1332) ON PUBLIC DOMAIN (OFFICIAL GAZETTE OF 10 JULY 1914). ARTICLE ONE: (Modified by Dahir of 8 November 1919 - 14 Safar 1338). Public domain shall include: a. The sea shore up to the limit of the highest tides, as well as a 6-meter zone measured starting from said limit; b. Roads, ports, harbours and their appurtenances; c. Headlights, lamps, beacons and generally all works intended for lighting and beaconing of coasts and their appurtenances; d. (Modified by Dahir of 8 November 1919 - 14 Safar 1338). All water tables, whether they are surface or underground; streams and springs of any nature; e. Lakes, ponds, lagoons, salinas and swamps of any kind. Shall be regarded as falling in this category plots which, without being permanently covered by water, are not likely to be in an ordinary year of agricultural use (merjas, etc); f. Artesian wells spouting out; public wells and watering places; g. Navigation, irrigation or drying canals carried out as public works; h. Dikes, dams, aqueducts, drains and other works carried out as public works for defending lands against water, supplying urban centres or using the hydraulic forces; i. Roads, streets, ways and tracks, railways or tramways, bridges and generally transportation routes of any nature for public use; j. Telegraph and telephone lines, pylons of wireless telegraphy; k. All defence and fortification works of war places or military stations and their appurtenances. And, generally speaking, all parts of the territory and all works which cannot be privately owned as being for everybodys use. ARTICLE 2: Property rights, bare ownerships or user rights legally acquired on the public domain before the publication of this Dahir shall be maintained. Owners or users who, either following this Dahir, or following a decree of delimitation in the case provided for in article 7, would have established before the administration or competent courts the existence of these rights may only be dispossessed by way of expropriation. ARTICLE 3: Any private property shall be subject to the rights of way, the establishment of support and circulation necessary for laying down, maintenance and operation of telegraph and telephone lines, pylons of wireless telegraphy and of electrical energy conductors contained in the public domain. ARTICLE 4: The public domain is inalienable and imprescriptible. ARTICLE 5: However, portions of the public domain which would be recognized without utility for public needs may be downgraded by a decree of the Prime Minister issued upon a proposal of the Director General of Public Works and shall return to the private domain of the State.

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ARTICLE 6: By virtue of a permanent delegation, the public domain shall be managed by the Director General of Public Works or by State agents appointed for this purpose by Dahir. Any administrative act comprising occupation or leasing of the public domain shall beforehand bear the counter-signature of the Director General of the Finance Department. ARTICLE 7: Limits of the public domain shall be determined, if necessary, by a ministerial decree issued after a public inquiry upon a proposal of the Director General of Public Works. For a period of six months from the promulgation of the delimitation decree, the claims of third parties based on the existence of property or user rights former to this Dahir and maintained by article 2 above shall be admissible. For each portion of the public domain delimited, a record shall be drawn up, mentioning exclusively rights of this nature which have been admitted by the administration within the time limit mentioned above, and those which, having been notified in due time, have been subsequently recognized by the competent court. Declarations of third parties based on an inaccurate fixing of the limits of the public domain shall be admissible within the same time limit. (Modified by Dahir of 8 November 1919 - 14 Safar 1338). However, the Director General of Public Works may, when he deems it useful, immediately take possession of the lands aimed at in the delimitation decree, subject to the rights of third parties. ARTICLE 8: Disputes relating to the public domain shall be the exclusive jurisdiction of competent courts. III.4. POLICE OF THE MARITIME PUBLIC DOMAIN 4.a. DAHIR OF 2 NOVEMBER 1926 (25 REBIA II 1345) ON THE POLICE OF THE MARITIME PUBLIC DOMAIN. (OFFICIAL GAZETTE IF 21 DECEMBER 1926). ARTICLE 1: It is prohibited, subject to prior approval delivered under the conditions provided for in Our Dahir of 30 November 1918 (24 Safar 1337), relative to the temporary occupation of the public domain: 1. to make deposits on the maritime public domain; 2. to place any object, establish any work blocking the traffic and, generally speaking, to preempt the limits of the maritime public domain; 3. to practise on this domain excavations or extract materials therefrom. ARTICLE 2: Infringements to the provisions of the above article will be punished with a fine from 1 to 15 Francs and an imprisonment from one to three days, or with one of these two sentences only. The provisions of article 463 of the Penal Code shall still be applicable. ARTICLE 3: Independently from the sanctions provided for above, the administration may make perform, at the expenses of the contravener and after formal notice which remained without result, work putting the relevant places back to their initial state.
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These expenses shall be recovered in the forms provided for in Part II of Our Dahir of 22 November 1924 (24 Rebia II 1343) on the recovery of States debts. ARTICLE 4: Shall be specially entrusted with stating infringements to the provisions of this Dahir civil engineers, engineers, assistant engineers, public works overseers, port officers and Masters, headlight guards, coastguards, gendarmes, customs civil servants and all other employees of the aforesaid services commissioned for monitoring the public domain and sworn in. Shall also en entitled to state the infringements above-specified police chiefs and policemen, gendarmerie officers and chiefs of brigades and, generally speaking, all judiciary police officers. Minutes shall be addressed, within ten days from their date, to the competent court by the agent who drew up the same. 4.b. DAHIR OF 14 SEPTEMBER 1932 (12 JOUMADA I 1351) CONCERNING POLICE MEASURES APPLICABLE TO FOREIGN SHIPS STAYING OR CIRCULATING IN THE TERRITORIAL WATERS OF THE KINGDOM OF MOROCCO. (OFFICIAL GAZETTE OF 21 OCTOBER 1932). ARTICLE ONE: Independently from the general regulations which may be enacted in relation to the circulation and stay of ships in the territorial waters of the Kingdom of Morocco, foreign ships shall conform to the following police rules, when they happen to be circulating or are anchored within the limits of these waters. ARTICLE 2: They shall carry marks (name, numbers, indicating letters, etc) which allow their individuality to be recognize from outside. These marks shall be neither covered, nor erased, nor altered. ARTICLE 3: They shall bear official documents delivered by the appropriate authorities of their country, certifying their nationality, evidencing their external marks and indicating the names of their owners and their commanding officer or skipper. These documents shall be shown at first request of the agents responsible for navigation and maritime fishing police. ARTICLE 4: At night, they shall carry lights which are in accordance with the regulations on board of vessels fitted out under the Moroccan flag. ARTICLE 5: It is forbidden for foreign ships of any category and, particularly, fishing vessels, to obstruct navigation at the entry of ports and roads, as well as public service operations and fishing operations of Moroccan ships. Therefore, they shall submit to the injunction to withdraw which may be issued to them by the Moroccan authorities. ARTICLE 6: Infringements to this Dahir shall be stated by the agents in charge of the navigation and maritime fishing police; they shall be punished with a fine of 16 Francs minimum and 500 Francs maximum, without prejudice to the seizure of the ship.

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Lawsuits shall be referred to the correctional police court in whose jurisdiction the port where the contraveners were taken is located. III.5. MARITIME PILOTING 5.a. DAHIR OF 20 FEBRUARY 1937 (8 HIJJA 1355) BEARING THE REORGANIZATION OF THE PILOTING SERVICE OF THE PORT OF CASABLANCA. (OFFICIAL GAZETTE OF 26 FEBRUARY 1937). PART ONE: PILOTING OBLIGATION ARTICLE 1: Piloting consists in assistance given to commanding officers by a personnel commissioned by the State for driving ships at the entry and exit as well as for movements carried out on roads and in the port of Casablanca. ARTICLE 2: Piloting is compulsory for all vessels, except the cases referred to in article 3 below, within the limits determined by a ministerial decree established according to the procedure provided for in article 19 of this Dahir. The commanding officer of a vessel subject to the obligation of piloting shall pay the pilot, even if he does not use his services, when this pilot justifies that he fulfilled the operation of going ahead of the ship. ARTICLE 3: The piloting tariff shall be established according to the gross tonnage of ships. Shall be exempted from the obligation to take piloting sailing boats with a gross tonnage lower than 80 tons and ships with propulsion with a gross tonnage lower than 100 tons. Shall also be exempted from such obligation, whatever their tonnage, fishing vessels and tug boats registered in a port of the Kingdom of Morocco, carriers, dredgers, barges, etc, allocated exclusively to port construction and maintenance, as well as ships belonging to the administration of public works and warships of all nationalities. ARTICLE 4: Any trading ship entering the zone where piloting is compulsory shall make the pilot signal call. Any commanding officer convinced of not having made the pilot signal call or of having avoided the pilot in sight shall be liable to the payment of the maximum tariff. Whatever the tonnage of ships coming forward, the pilot shall assist the ship that comes forward in the first place or for which the pilot is assigned as its turn of service. When several ships come forward at the same time, preference shall be given to Moroccan or foreign warships, to ships subsidized for postal service, to ships chartered by the State and to the other vessels, whatever their tonnage, in the order of their arrival. Piloting shall not be due if the pilot does not come forward. ARTICLE 5: Any commanding officer shall have the ability to get assisted by a pilot of his choice but, in this case, he shall still have to pay, according to the applicable tariff, the wage
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of the pilot who, according to the established service regulations, is his turn to lead the ship in the port. The possibility left to the commanding officer take a pilot of his choice shall always remains subject to the authorization of the piloting chief, who may refuse it for service needs or if this possibility is not justified by the ships interests. ARTICLE 6: Apart from the case of force majeure, any pilot shall, notwithstanding any other service obligation, give assistance first to a ship in danger, even if it has not been required, as soon as he could note the danger in which the ship is. The pilot shall, in this case, be entitled to a special remuneration which, if a dispute arises, shall be fixed by courts of competent jurisdiction in commercial matters. ARTICLE 7: Except the case of serious fault of the pilot, the damage caused to the pilot boat during piloting and operations shall be borne by the ship. ARTICLE 8: Brokers and ships agents shall be personally responsible for the payment of fees at the entry and exit. They shall also be responsible for additional allowances due to the pilot, on condition of being notified within seventy-two hours after the ships exit. Brokers and ships agents shall, however, only pay piloting fees and other expenses upon presentation, by the piloting service, of a certificate duly signed by the commanding officer and stating the service actually rendered. ARTICLE 9: All disputes between the pilot and the commanding officer about the wage due to the pilot, in conformity with the piloting tariffs or the damage which might be due, as well as all disputes between the pilot and the broker or the ships agent, shall be referred to the courts of competent jurisdiction in commercial matters. PART II: ON PILOTS ARTICLE 10: (Modified by Dahir of 23 September 1957 - 27 Safar 1377). The piloting personnel is made up of a major-pilot, pilots and pilot trainees. The major-pilot is appointed by the Under-Secretary of State in Commerce and Industry, or by the authority delegated by him for this purpose, upon a proposal from the director of the relevant port, and after taking the opinion of the pilots professional association. He is selected among the oldest pilots in active service at the station. Pilots and pilot trainees are appointed by the Under-Secretary of State in Commerce and Industry, or by the authority delegated by him for this purpose. The conditions of recruitment, training and certification of pilot trainees shall be determined by decree. Pilot trainees shall be recruited after a competitive exam whose conditions shall be fixed by decree. ARTICLE 11: (Modified by Dahir of 13 April 1949 - 14 Joumada II 1368). Candidates to the position of a pilot trainee shall be twenty-six years old at least and thirtyfive years old at maximum.
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However, with a view to facilitating the recruitment of pilots, the police chief-resident general may, after taking the opinion of the commercial assembly established by article 19 below of this Dahir, decide to temporarily push back the age limit of access to the competitive exam in order to use pilot trainees of the port of Casablanca. Candidates shall, moreover, have gathered six years of navigation as deck personnel of the State marine or of the merchant navy, including three years at least on trading ships fitted for ocean trade, coastal traffic, high-sea fishing, offshore fishing or piloting. They shall succeed a medical exam intended to state their aptitude to fill these positions. Candidates shall be holders of the master's certificate for ocean trade, of lieutenant certificate for ocean trade or of commanding officer certificate in the merchant navy. The piloting competitive exams shall take place under the control of the head of the department of the merchant navy, before a commission whose composition shall be fixed by the ministerial decree provided for in article 10. ARTICLE 12: Starting from fifty years of age, pilots shall undergo every two years a medical exam intended to state that they have maintained a sufficient aptitude for the exercise of their profession. They may, moreover, be subject to any medical exam ordered by the Director General of Public Works, upon a proposal of the head of the department of the merchant navy. Pilots shall always have the right to request a counter-examination. ARTICLE 13: (Modified by Dahir of 23 September 1957 - 27 Safar 1377). The age limit for a major-pilot is fixed at fifty-eight years and that of a pilot at fifty-five years. However, for pilots who would have made a request in this sense when they turn fiftyfive, on condition that they are recognized apt to continue to exercise their employment, this age limit might be pushed back by one year per dependent child, without the extension of activity exceeding three years. Pilots who, because of their age or infirmities contracted on duty, cannot continue to hold their position shall, either at their request or at the request of the head of the department of the merchant navy, pensioned off, under the conditions provided for in article 22 of this Dahir and dismissed. This pensioning off shall be decided by the Director General of Public Works, after taking the opinion of a local commission whose composition shall be fixed by the pensions regulations. ARTICLE 14: Pilots shall be subject to the disciplinary power of the Director General of Public Works. Disciplinary sentences are as follows: 1. Reprimand; 2. Blame; 3. Temporary suspension from holding office; 4. Revocation.
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The reprimand, blame, temporary suspension from holding office for a maximum of ten days shall be decided by the head of the department of the merchant navy. Suspension from office for more than ten days shall be taken by the Director General of Public Works. Suspension for more than one month and revocation may only be decided after taking the opinion of an investigation council made up as follows: - The head of the department of the merchant navy, Chair; - The head of the maritime district of Casablanca; - A commanding officer in ocean trade having at least four years of command; - Two pilots of the station having at least four years in office in this capacity. The pilot shall be heard in his explanations and may seek assistance from a lawyer when appearing before the council. ARTICLE 15: Without prejudice to the disciplinary sanctions, the following shall be punished with a fine from twenty-five to three hundred Francs and an imprisonment from eight days to three months, or with one of these two sentences only: 1. A pilot who does not provide assistance to a vessel in danger, contrary to the provisions of article 6; 2. A pilot who, in state of intoxication, has undertaken to lead a vessel. ARTICLE 16: Shall be punished with a fine from fifty to one thousand Francs and an imprisonment from eight to fifteen days, or with one of these two sentences only, and with the double thereof in the event of repetition, any person who, without a regular commission from the pilot of the station, has undertaken or tried to undertake the lead of a ship in his capacity as commissioned pilot. ARTICLE 17: The infringements provided for in articles 15 and 16 above shall be the exclusive competence of a correctional court. The Government prosecutor may only be referred to for a cross investigation carried out under the conditions provided for in article 17 of the Disciplinary and Penal Code of the merchant navy. ARTICLE 18: The amount of fines pronounced in application of this Dahir shall be paid to the Treasury. PART III: ORGANIZATION OF THE STATION ARTICLE 19: (Modified by Dahir No. 1-58-347 of 29 April 1959 - 20 Chaoual 1378). The administrative organization of the piloting station, as well as tariffs for the determination of pilots shares shall be fixed by decree, issued after consultation with a commercial assembly made up as follows: - The Governor of the City of Casablanca or his delegate, Chair; - The Head of the Department of the Merchant Navy and Maritime Fishing; - The director of the port or his delegate; - A representative of the chamber of commerce and industry;

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- Two fitters chosen by the Head of the Department of the Merchant Navy and Maritime Fishing from a list of four people presented by the central committee of Moroccan Fitters; - Two shipping agents chosen by the Head of the Department of the Merchant Navy and Maritime Fishing from a list of four people presented by the professional body of said agents; - The head of the port operation or his delegate; - The major-pilot and a pilot of the station. ARTICLE 20: (Modified by Dahir of 23 September 1957 - 27 Safar 1377). The head of the department of the merchant navy shall exercise a general action of control on the piloting service. The management of the service shall be entrusted to the major-pilot, who shall report to the head of the port operation with regard to ships movements and the application of port regulations and particular instructions. A temporary pilot, selected and appointed for one year under the same conditions as the major-pilot shall replace the major-pilot in his duties in case of absence or temporary unavailability. ARTICLE 21: (Modified by Dahir of 23 September 1957 - 27 Safar 1377). The major-pilot, pilots and pilot trainees shall be owners of the piloting equipment in equal shares. The sums arising from the receipts of the station shall be paid in a common fund. The ministerial decree referred to in article 19 above shall determine the conditions of sharing out the wages among pilots. ARTICLE 22: (Modified by Dahir of 23 September 1957 - 27 Safar 1377). Pensions and hardship allowances shall be paid to the major-pilot, pilots and pilot trainees, as well as to their widows and orphans. The pension fund shall be supplied by deductions on the stations receipts. Pensions shall be acquired either by seniority or by disability resulting from injuries or diseases contracted in the exercise of duties. Hardship allowances shall be allotted in the event of death or disability which does not give a right to pension. The conditions of attributing pensions and hardship allowances shall be specified by special regulations.
(Modified by Dahir of 28 November 1939 - 5 Chaoual 1358).

At the time this Dahir comes into effect, the pensions fund shall be supplied by the sums capitalized under the former scheme to be used for the payment of pensions and hardship allowances which the station will have to bear. However, deduction shall be made from these sums on the deductions effected from 1 January 1935 to 28 February 1937 on the emoluments of pilots, pursuant to the provisions of article 19 of the ministerial decree of 30 April 1935 (26 Moharrem 1354), fixing the constitution and operation of the pension fund for piloting service of the port of Casablanca. The sum corresponding to these deductions shall be refunded to pilots, in proportion to the deduction which each one of them was subject to.
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ARTICLE 23: All provisions in contradiction with this Dahir are hereby abrogated and, in particular, Dahirs of 1 March 1920 (9 Joumada II 1338) and 23 October 1920 (10 Safar 1339), and Dahirs which modified or supplemented them. ARTICLE 24: This Dahir will come into effect as from the first day of the month which will follow its publication in the Official Gazette. 5.b. DAHIR OF 31 MAY 1937 (20 REBIA I 1356) ON CIVIL LIABILITY OF THE PILOTS OF THE PILOTING STATION OF THE PORT OF CASABLANCA. (OFFICIAL GAZETTE OF 2 JULY 1937). ARTICLE ONE: If the liability of the pilots or pilot trainees of the piloting station of Casablanca is blamed as a result of faults committed in the performance of their duties, the interested parties may get free from such liability by depositing a guarantee which shall have to be made up under the conditions to be fixed by ministerial decree. ARTICLE 2: The provisions above shall not apply, however, when the fault committed by the pilot constitutes the offence provided for in subparagraph 1 of article 20 of Appendix II of Dahir of 31 March 1919 (28 Joumada II 1337) standing for the Disciplinary and Penal Code of the merchant navy. ARTICLE 3: The guarantee provided for in article one shall be allocated: - By first privilege, to the guarantee of convictions which could be pronounced against the pilot or pilot trainee for faults committed in the performance of his duties; - By second privilege, to the refunding of funds which would have been lent for the total or partial constitution of said guarantee. ARTICLE 4: The funds made up as a guarantee shall not, throughout the pilots term of office, be seized for credits other than those in favour of which the preceding article institutes a privilege. ARTICLE 5: The methods of application of this Dahir shall be fixed by a ministerial decree, which will determine, in particular, the amount of the guarantee which the pilots and pilot trainees shall pay to the piloting station of Casablanca. 5.c. VIZIRIAL DECREE OF 20 FEBRUARY 1937 (8 HIJJA 1355) CONCERNING THE OPERATION OF THE PILOTING SERVICE OF THE PORT OF CASABLANCA. (OFFICIAL GAZETTE OF 26 FEBRUARY 1937). CHAPTER ONE: ON THE OBLIGATION OF PILOTING ARTICLE ONE: The limits of the station of Casablanca are as follows: - To the east, the meridian line of the Roches-Noires headlight; - To the west, the meridian line of the middle rooting of the Delure pier: - To the north, the parallel drawn at 2,000 meters to the north of the Roches-Noires headlight.

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Piloting shall be compulsory within this zone for any ship entering, leaving or carrying out a movement therein, except for ships exempted from such obligation pursuant to article 3 of Dahir referred to above of 20 February 1937 (8 Hijja 1355). ARTICLE 2: As soon as the commanding officer enters the zone where piloting is obligatory, he shall make the pilot signal call and maintain it until pilots arrival. ARTICLE 3: The commanding officer shall facilitate the embarking of the pilot who comes forward and provide him with all the means necessary to accost and get on board in the best safety conditions. Once piloting completed, he shall have the same obligations for the disembarking of the pilot. ARTICLE 4: The commanding officer shall state to the pilot who gets on board the draught, speed and the evolution conditions of his ship. ARTICLE 5: The pilots call shall be made by means of the following signals: By day: 1. The signal of the international code G, meaning: I ask for a pilot; 2. The signal of the international code PT, meaning: I ask for a pilot; 3. The flag of the national pilot hoisted at the front mast. By night: 1. The Bengal pyrotechnical light, commonly called blue light, every fifteen minutes; 2. A brilliant white light, lit or shown at short intervals, slightly above the bulwarks, for approximately one minute at a time; 3. The signal of the international code PT by luminous or sound Morse signs. The signals of pilot requesting shall be called back as soon as the pilot is on board. Except in case of real danger, it is prohibited to use distress signals to call the pilot. ARTICLE 6: The commanding officer shall take the first pilot who comes forward or that who is indicated by the turn of list drawn up in the station. ARTICLE 7: Piloting shall begin from the moment when the pilot comes forward or gets on board within the limit of the station. It shall finish when the ship arrives to destination, anchorage, the quay or the limit of the station. ARTICLE 8: The commanding officer shall give to the pilot a certificate stating, in accordance with paragraph 2 of article 8 of the above mentioned Dahir of 20 February 1937 (8 Hijja 1355), the service rendered by said pilot and giving all the indications necessary to allow the application to such service the tariff inserted in the stations regulations; otherwise, the pilot will be believed in his declarations. This certificate shall then be handed to the broker or the ships agent, after approval stamp of the pilot in chief, if any. The payment of the sums due shall be effected within forty-eight hours. Beyond this time limit, collection shall be followed by compulsory means. No ship shall leave the port before having discharged in full the sums due.
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ARTICLE 9: For ships which have neither a broker nor an agent, the amount of the wage acquired by the pilot shall be given immediately to the pilot. He may, at the request of the pilot, be recorded in advance in the hands of a person approved by this pilot. ARTICLE 10: The commanding officer whose ship must leave the port shall hand in to the piloting office or, in default, the office of the port, a request containing all the indications necessary so that the pilot be present, in due time, at the relevant ships departure. Otherwise, the commanding officer shall be regarded as having had the intention of avoiding the pilot under the conditions provided for by article 4 of Dahir of 20 February 1937 (8 Hijja 1355). CHAPTER II: ON PILOTS ARTICLE 11: The number of pilots and pilot trainees of the station shall be fixed at eight, including the two pilot in chief who, in addition to the special duties provided for in article 20 of Dahir of 20 February 1937 (8 Hijja 1355), shall contribute to the active service of piloting under the same conditions as pilots. ARTICLE 12: Before being allowed to exercise on a final basis the duties of a pilot, pilot trainees shall follow a two-year training course, which shall be extended for the duration of unavailability in case of interruption of service for any cause, disease or other. If the manner to serve as pilot trainees is not satisfactory, they may be dismissed, upon proposal of the head of the department of the merchant navy, after a justified opinion of the pilots in chief and harbour masters, by a decision of the Director General of Public Works. Any pilot laid off for professional deficiency shall not be allowed any more to undergo a competitive exam for the same position in the station. At the expiry of his training course, if the pilot gives satisfaction, he will be established in his office and will receive a letter of appointment from the Director General of Public Works, confirming him in his employment upon a proposal of the head of the department of the merchant navy, after taking the opinion of the commanding officer of the port. Throughout their training course, pilot trainees shall receive a wage equal to two thirds of a whole pilot share. ARTICLE 13: Upon their appointment, and to allow them to be made recognized in their capacity, pilots and pilot trainees shall receive an identity card with photography, bearing the visa of the head of the maritime district. ARTICLE 14: The harbour master in charge of the piloting service shall exercise his authority on the whole service, under the control of the head of the department of the merchant navy; he shall ensure the application of regulations and instructions; he shall take care of the composition of the material and authorize absences. He shall give notice to the head of the maritime district about incidents relating to the service and urgently transmit to him, with his opinion, pilots reports relating to sea accidents. He shall report to him the professional faults made by pilots.

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He shall take, when need be and in agreement with pilots, all useful conservatory measures in the stations interest. Pilots in chief provided for in article 20 of Dahir of 20 February 1937 (8 Hijja 1355) shall be in charge of the internal organization of the service and shall see to its proper operation; they shall look after external relations and approve of the piloting invoices. ARTICLE 15: Pilots and pilot trainees shall not absent themselves from their station or temporarily cease their duties without authorization. Pilots and pilot trainees who, without authorization, leave the service to navigate for trade or for fishing, would be considered as terminating their office. ARTICLE 16: Pilots shall ensure the setting up of ships according to the instructions given by the pilots in chief, in accordance with the general and particular instructions of the harbour master. Details of operation of the service of the station shall be fixed by rules of procedure established by the head of the department of the merchant navy and approved by the Director General of Public Works. ARTICLE 17: Pilots shall report to the harbour master about the changes they will have noticed on the occasion of their service in the state of the depths and beaconing, as well as of accidents interesting the safety of navigation which would have occurred within the limits of the station. The harbour master shall make the information collected known to the various departments concerned. ARTICLE 18: Pilots shall submit to the requisitions of the maritime sanitary service under the conditions fixed by the texts which govern the medical maritime police. CHAPTER III: ON PILOTING TARIFFS ARTICLE 19: The piloting tariffs shall be fixed as follows: 1. Entry: Per gross register ton: Ships with mechanical propulsion: 0 FR. 088; Sailing ships: 0 FR. 176. 2. Exit: Per gross register ton: Ships with mechanical propulsion: 0 FR. 066; Sailing ships: 0 FR. 132. Shall be treated as sailing ships, from the point of view of tariff application, mixed boats actually using sails. A minimum collection of 5 Francs shall be applicable to each entry or exit. 3. Changes of anchorage (steam and sailing ships): 22 Francs, if the ships gross tonnage is lower than or equal to 500 tons; 44 Francs, if the ships gross tonnage is higher than 500 tons. 4. Setting on the quay: 1 Fr 10 per meter of the overall length of the ship set at the quay. The above tax does not include the operation of the mooring ropes on the quay.
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5- Mooring: Mooring on one or more trunks: 77 Francs for ships of 500 tons of gross tonnage and below; 110 Francs for those with a tonnage higher than 500 tons. Mooring at a peak: On a fixed facility: 33 Francs for ships with a gross tonnage of 500 tons and below; 55 Francs for those with a gross tonnage higher than 500 tons. The tax of mooring on a fixed facility does not include the operation of mooring ropes on the quay or the pier. ARTICLE 20: Ships exempted from the obligation of piloting under the conditions fixed by article 3 of Dahir of 20 February 1937 (8 Hijja 1355), and which nevertheless resort to the services a pilot, shall pay the taxes below: a. Warships: Entry: 27 FR. 50 for a displacement equal to or lower than 1,000 tons; or 55 Francs for a displacement from 1.001 to 3.000 tons; Exit: 82 FR. 50 for a displacement from 3.001 to 5.000 tons; 110 Francs for a displacement higher than 5.000 tons. Change: 22 Francs, if displacement is lower than or equal to 1,000 tons; of anchoring 44 Francs, if displacement is higher than 1,000 tons. Setting at the quay and mooring: Same taxes as for trading ships. b. Other ships: Taxes of entry, exit and change of anchoring applicable to a ship of: 150 gross register tons, if they are with mechanical propulsion: 100 gross register tons, if they are with sails. These ships shall, moreover if necessary, pay the taxes of setting at the quay or anchoring in accordance with the flat rate. ARTICLE 21: The application of the tariffs provided for in articles 19 and 20 above will comprise the following terms and conditions, reductions and exemptions: 1. A sailing ship towed by a steamer shall pay as if it was with mechanical propulsion; 2. When a ship tows another, both will be subject to the piloting tax; if there are two pilots, each ship shall pay as if it was alone; if there is only one pilot, the tax to be collected shall be that applicable to the ship having a stronger tonnage; 3. If a vessel, after having left, returns to the port less than twenty-four hours after its departure, without having touched another port, and having been forced to return either by a storm, or by any other fortuitous accident, it shall not pay the tax for its re-entry and shall pay half-tax for its exit, on condition that it does not carry any commercial transaction during its second stopover. If the fact reoccurs, under the same conditions, it shall pay half-tax for each one of the subsequent re-entries and re-exits; 4. Vessels calling at a port, either on a forced or voluntary basis, and which do not carry any commercial transaction, shall be exonerated from the exit tax; they shall be subject to the other taxes; 5. Vessels of navigation companies shall pay only half-fare, on entry and on exit, when they are assigned to a regular service comprising, at least per month, two arrivals in Casablanca and two departures from the same port on fixed dates.
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Ships ensuring regular services created subsequently to the date of this decree shall only benefit from the reduction provided for starting from the fifth voyage. CHAPTER IV: ON THE WAGES OF PILOTS ARTICLE 22: The wages of pilots shall be shared out. The stations Rules of procedure shall fix the conditions under which the piloting receipts shall be distributed among the rightful claimants. ARTICLE 23: Pilots shall not claim a sum lower or higher than the one fixed by this Vizirial decree. ARTICLE 24: A pilot who, for a case of force majeure or by the will of the commanding officer, cannot disembark once the piloting completed, shall be entitled, at the ships expenses, to food and to an allowance fixed in following article of this Vizirial decree. Pilots shall receive aboard trading ships the food and accommodation of officers. If the pilot is disembarked in a port other than Casablanca, his return to the port of departure or his repatriation shall be provided for at the ships expenses; repatriation shall be ensured in 1st class. ARTICLE 25: A daily allowance of 25 Francs and food shall be due to any pilot retained aboard the piloted ship due to quarantine or for any other cause outside the normal service. Any day started shall be due in full. ARTICLE 26: The benefit of operation, after the deductions provided for in article 27 below of this decree, shall, at the end of each quarter, divided among pilots and pilot trainees, taking into account for pilot trainees the provisions of the final subparagraph of article 12 of this decree. At the end of each month, a down-payment on the quarterly share shall be paid. ARTICLE 27: In the event of a duly stated disease not arising from service, pilots shall receive their share in full during the first two months; then they shall undergo a reduction of 1/5 during the following month and a third during the fourth month. In the event of a disease or accident, contracted or occurring in service, or on the occasion of an act of devotion in maritime waters, the wages shall be paid in full for four months. Beyond that, the pension and hardship fund of the station shall allocate, independently of the allowances possibly paid by the contingency fund of French sailors, a hardship allowance, taking into account the situation of the sick pilot. Added up days during the year of a disease not resulting from the service, shall involve the same reductions as above. CHAPTER V: ON THE EQUIPMENT OF THE STATION ARTICLE 28: The equipment of the station existing at the time of the implementation of Dahir of 20 February 1937 (8 Hijja 1355) shall be purchased by the community of pilots under conditions which will be fixed by the Director General of Public Works. The purchase amount shall be paid in the additional budget of the port of Casablanca. ARTICLE 29: The station shall have five high-speed motorboats with mechanical propulsion, two of which at least shall be of sufficient size and power to hold the sea at all
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times within the port and in shelter from the large pier, save the case of prohibited exit of the port made by the harbour master. The service rules of procedure provided for in article 16 of this decree shall fix the conditions of use and fitting out of the equipment of the station. ARTICLE 30: Pilots and pilot trainees shall, collectively, be owners of the equipment of the station; property shares shall be equal for each one. A pilot or pilot trainee who withdraws from service or who is laid off shall lose his rights in the equipment, but his share shall be refunded to him on the fund of the equipment; this share shall be repaid in the same fund by the replacing pilot. The share value and the refunding thereof shall be determined by the rules of procedure of the station. ARTICLE 31: The operation of the equipment shall be ensured by the community of pilots. With a view to facing major repairs and the renewal of this equipment, an equipment fund shall be constituted, which shall be supplied by a percentage on the gross earnings of the station; the rate of this percentage shall be fixed each year by the interested parties, with the approval of the head of the department of the merchant navy. The amount of the equipment fund shall not be lower than one fifth of the value of said equipment. The credit of this fund shall be, as well as the equipment, the property of the community of pilots in office, by equal individual shares. ARTICLE 32: Any purchase or repair expenditure resulting in an increase of the value of the equipment shall be taken from the equipment fund, and shall be an added value to said equipment for an equivalent sum. At the exit of a major repair, it shall be determined which share of the expenditure shall be deducted from the operation account, and which share shall be charged to the equipment fund. ARTICLE 33: Upon the establishment of the balance of each financial year, the equipment value shall be determined, taking into account the depreciation due to use and the added value it would possibly have acquired following major repairs. ARTICLE 34: A pilot who withdraws or is laid off shall receive on the equipment fund his quota of said fund, in addition to a sum representing his share in the value of the equipment at the time of departure. The one who takes up office shall pay in the same fund an equivalent sum, either in one or several payments, or by means of a deduction of 20% on his wage. CHAPTER VI: ON THE ACCOUNTS OF THE STATION ARTICLE 35: On the receipts of the station shall be deducted the sums necessary for: 1. ensuring the operation of the pension and hardship fund; 2. facing the expenditure of equipment purchase, renewal, maintenance and repair, either by payments in the "equipment fund", or by direct payments for the purchase of small equipment and normal maintenance work or of regular repairs;
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3. paying the wages of the station personnel other than pilots, discharging the rent of premises, office and administration expenses and, generally speaking, all expenditure required by the operation of the station. ARTICLE 36: The operation account of the preceding year, duly stated, shall be addressed, before 1 April of the following year, to the head of the department of the merchant navy, who shall transmit it to the Director General of Public Works. ARTICLE 37: The provisions of this decree will come into effect at the same time as those of Dahir of 20 February 1937 (8 Hijja 1355) bearing reorganization of the piloting service of the port of Casablanca. Any contrary provisions and, in particular, the Vizirial decree of 24 April 1923 (7 Ramadan 1341) and the decrees which modified such decree, are hereby abrogated. N.B. : This decree has been modified on several occasions, the main dates of which are: - Decree of 25 April 1944 (Official Gazette of 5 May 1944); - Decree of 28 December 1945 (Official Gazette of 11 January 1946); - Decree of 7 August 1946 (Official Gazette of 13 September 1946); - Decree of 14 December 1946 (Official Gazette of 20 December 1946); - Decree of 31 July 1948 (Official Gazette of 27 August 1948); - Decree of 21 August 1951 (Official Gazette of 14 September 1951); - Decree of 25 September 1957 (Official Gazette of 6 December 1957); - Decree of 22 May 1959 (Official Gazette of 5 June 1959); - Decree of 4 April 1962 (Official Gazette of 13 April 1962); - Decree of 6 May 1968 (Official Gazette of 15 May 1968). 5.d. VIZIRIAL DECREE OF 31 MAY 1937 (20 REBIA I 1356) RELATIVE TO THE GUARANTEE OF THE PILOTS OF THE PILOTING STATION OF THE PORT OF CASABLANCA. ARTICLE ONE: Any pilot or pilot trainee of the piloting station of the port of Casablanca who takes up duties shall constitute, within six months from the date of his appointment, a bail whose amount is fixed at ten thousand Francs. For pilots and pilot trainees in office at the time of the publication this decree in the Official Gazette, the bail shall be constituted within three months from such publication. The constitution of said bail shall be justified within the deadlines above-mentioned, by handing-over to the head of the department of the merchant navy a document stating either the payment of funds, handing-over securities, or a guarantee given by an approved fund under the conditions specified in article 3 below. ARTICLE 2: This bail shall be made up under the conditions provided for in articles 3, 4 and 5 of Dahir of 20 January 1917 (26 Rebia I 1335) concerning the final bails of tenderers and contractors of work and supplies contracts for account of the State and municipalities; the evaluation of revenues and other transferable securities assigned to the bail shall be made

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according to the average rates practised at the stock-exchange, the day before the deposit of the securities will have been made. ARTICLE 3: This bail may, moreover, be constituted by a given guarantee, in lieu of the pilot, by a fund approved by the State. To obtain this approval, the interested fund shall address to the Director General of Public Works a request indicating the names of the pilots for which it will stand as guarantor, as well as the nature and value of the guarantee offered. The fund may be required to provide any supporting documents necessary concerning the value of the guarantee which may, the same as the bail, be constituted in cash or securities under the conditions provided for in the preceding article. The amount of the payment or the deposit could be reduced to one tenth of the bail(s) to be constituted, by a justified decision of the Director General of Public Works, made after taking the opinion of the Director General of Finance. The approved fund shall always remain responsible for the whole guaranteed bail(s). ARTICLE 4: A pilot who ceases his duties may only claim the restitution of his bail three months after the date of the decision authorizing this termination. The date of giving up duties by a pilot shall be posted at the office of the maritime district and at the harbour office of the port of Casablanca. A declaration thereof shall be made to the clerk's office of the court of first instance of Casablanca by one of the pilots in chief. Such termination shall be posted for three months at the seat of this court. A certificate, issued by the secretary-registrar of the same court, will state that no opposition was made or that the oppositions instituted were removed. The General Treasurer of the Protectorate shall be validly discharged for the payment that he will have made to the pilot in the amount of the bail, when such payment has been made on the face of the certificate provided for in the preceding subparagraph and of an authorization of the Director General of Public Works, or his delegate. The guarantee given by an approved fund shall cease under the same conditions. ARTICLE 5: The privilege of first rank creditors, provided for in article 3 of Dahir referred to above of 31 May 1937 (20 Rebia I 1356), shall be exercised by way of justified opposition or garnishment filed either with the clerk's office of the court of first instance of Casablanca, or directly with the fund where the bail is deposited, or else with the office of the approved fund which provided the guarantee. The privilege of second rank financial backer, also provided for in article 3 of the same Dahir, shall be stated by the declaration made by said financial backer before the General Treasurer or the accountant who represents him at the time of handing-over the funds; this declaration shall indicate the pilots name, the amount paid for the guarantee and the assertion of the loan made to the pilot, with reference, if necessary, to the loan or guarantee instrument.

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The opposition practised by second rank creditors shall under no circumstances prevent the payment of the interests of the bail. III 6: MARITIME BROKERAGE 6.a. DAHIR OF 22 JULY 1953 (10 KAADA 1372) RELATIVE TO MARITIME BROKERAGE PART ONE: GENERAL PROVISIONS ARTICLE 1: The following shall be abrogated as from the publication of this Dahir: - Dahir of 15 April 1924 (10 Ramadan 1342) relating to maritime broking; - Vizirial decree of 19 April 1924 (14 Ramadan 1342) relating to the bail of ship brokers; - Articles 17, 26 and 28 of Dahir of 21 January 1920 (29 rabia II 1338) relative to the creation of commodity markets and instituting brokers at said markets; - Article 5 of Dahir of 15 April 1924 (10 Ramadan 1342) relating to the brokerage of goods. ARTICLE 2: Any person may practise freighting brokerage and the leading of ships which shall include the execution of the obligations and formalities to fill with courts, customs, port officers and other public administrations, both on arrival to and exit from port. ARTICLE 3: Ship brokers may not stand as purchasers, either for their own account, or for the account a third party, of ships or their accessories the sale or estimate of which was entrusted to them. ARTICLE 4: It is forbidden for brokers to carry out brokerage operations for businesses where they have personal interests, without giving notice thereof to the parties to which they serve or have served as intermediaries. ARTICLE 5: The maximum fees that brokers may perceive on the operations of leading of ships may be fixed, for each port, by a decree of the Director of Trade and the Merchant Navy, after taking the opinion of the chamber of commerce and industry or of the mixed chambers concerned. ARTICLE 6: Brokers shall lend their services to persons who request so. ARTICLE 7: Brokers shall not be liable for the consequences of contracts concluded by their mediation, unless there has been a fault or fraud on their part or that they stood guarantee for the performance of the contracts. ARTICLE 8: Each broker shall have a ledger index rated and initialled by the President of the court of first instance. He shall record therein, day by day and in order by date, without erasures, line spaces, transpositions or abbreviations, all the conditions of sales, purchases, negotiations and, in general, all operations made by his intervention.

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He shall, moreover, hold a counterfoil book rated and initialled by the President of the court of first instance. This book is intended to give receipt of sums perceived as a price for freighting brokerage or in remuneration of the assistance lent to the commanding officer for the leading of ships. PART II: SHIP BROKERS ARTICLE 9: Ship brokers may, at their request, be registered on a list drawn up, at the diligence of the department of the public prosecutor, and in a general meeting by the court of first instance in the jurisdiction of which the port where they practice or want to carry on their activity exists. Any request for registration shall be subject, for opinion, to the chamber of commerce and industry or the mixed chambers concerned. No one shall be registered on the list: 1. unless he is twenty-five years old and has taken up residence for at least one year in the port where he practices or wants to carry on his activity; 2. unless he proves: a. his morality by an extract of the police records dated less than three months back or by any other equivalent document; b. the discharge of a registration fee to be paid in one instalment with the Treasury, and whose amount shall be fixed by ministerial decree. The following may not be registered on the list: non rehabilitated bankrupts, individuals in a state of compulsory liquidation, destitute or erased brokers. The list of brokers shall be notified to the Director of Commercial and Merchant Navy who will ensure the publication thereof the Official Gazette. A copy of this list shall be posted in customs and merchant navy offices of Moroccan ports. ARTICLE 10: Any registered ship broker shall take before the court of first instance, within fifteen days from his registration, the oath to fulfil with honour and probity the duties of his profession. Ship brokers shall be subject, in all that relates to the discipline of their profession, to the jurisdiction of an employer federation established and operating under the same conditions as those instituted by article 4 of Dahir of 15 April 1924 (10 Ramadan 1342) relating to the brokerage of goods. ARTICLE 11: Registered ship brokers, coming together, if necessary, with a certain number of non registered ship brokers, shall periodically and jointly state the freighting or chartering rates. ARTICLE 12: Registered ship brokers may only be replaced by one of their fellow-members.

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PART III: SANCTIONS AND TRANSITIONAL PROVISIONS ARTICLE 13: Infringements to the provisions of this Dahir, as well as to the decrees enacted for its application shall be punished with a fine from 5,000 to 150,000 Francs. The court may, moreover, pronounce the annulment from the list of registered brokers and prohibition from practicing the profession. ARTICLES 14 and 15: Transitional provisions. ARTICLE 16: Modifications made by this Dahir to the statutes of ship brokers shall under no circumstances give rise to a financial claim. III.7. ORGANIZATION OF TRANSPORT 7.a. DAHIR No. 1-61-129 OF 25 SEPTEMBER 1962 (25 REBIA II 1382) BEARING ORGANIZATION OF MARITIME TRANSPORT. ARTICLE 1: Imports and exports by sea of some goods shall be partially undertaken by Moroccan ships or by ships chartered in accordance with the provisions of articles 3 and 4 below: A decree will specify, accordingly, the goods subject to this obligation and will determine the percentage whereby their transport under the Moroccan flag or under that of the chartered ship shall be carried out. However, public services and corporations, mixed economy companies, concessionaire or subsidized companies shall entirely dedicate the ships referred to in the first subparagraph of this article to the transport of cargoes that they dispatch or which are intended to them. ARTICLE 2: The Minister in charge of the Merchant Navy or the authority delegated by him to this effect may grant exemptions from the obligations mentioned in article one of this Dahir, either in the event of urgent need, or when none of the ships referred to in the first subparagraph of article one can accomplish the relevant transport. ARTICLE 3: The freighting operations of foreign ships of any tonnage shall be subject to a prior approval. The freighting authorizations shall be delivered by the Minister in charge of the Merchant Navy, after taking the opinion of the Minister of Finance, or by the authorities delegated by them for this purpose. ARTICLE 4: Only Moroccan fitters, Moroccan freighting companies, or approved intermediaries based in Morocco, acting for account of these fitters, shall be authorized within the above-mentioned article 3 to conclude the freighting of foreign ships. ARTICLE 5: Infringements to this Dahir may give rise to the following sanctions:

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1. Administrative fine whose amount shall not be lower than 10,000 Dirhams or higher than 1 million Dirhams; 2. Suppression for a maximum duration of six months of the possibility, for the offender, to get delivered an export or an import licence. ARTICLE 6: The administrative sanctions provided for in the preceding article shall be taken by the Minister in charge of the Merchant Navy, after taking the opinion of a technical commission, made up as follows: - The Head of the Department of the Merchant Navy and Maritime Fishing, Chair; - A representative of the Customs and Indirect Taxes Administration, appointed by the Minister of Finance; - A representative of the Foreign Exchange Office, appointed by the Minister of Finance; - A Representative of the Minister of Justice. ARTICLE 7: Infringements to the provisions of this Dahir shall be stated by sworn agents of the Customs and Indirect Taxes Administration. These agents shall draw up minutes whose original they shall transmit directly and without delay to the Minister in charge of the Merchant Navy. These minutes shall be exempted from the formalities and excise and registration taxes. ARTICLE 8: The proceeds of the administrative fines referred to in article 5 of this Dahir shall be paid in the first part of the general budget of the Kingdom, chapter 7 "Sundry Proceeds" , article 4 "Commerce, industry, mines, craft industry and merchant navy: Sundry Receipts". ARTICLE 9: The measures necessary for the application of this Dahir shall be taken by the President of the Council or be the authority delegated by him for this purpose. 7.b. DECREE No. 2-61-264 OF 24 OCTOBER 1962 (24 JOUMADA I 1382) RELATIVE TO ORGANIZATION OF MARITIME TRANSPORT. ARTICLE 1: Shall be subject to the obligation which results from the provisions of the first subparagraph of article one of Dahir referred to above of 25 September 1962 (25 Rebia II 1382) the transport of: sugars, citrus fruits and forced vegetables, cereals, phosphates and bulks, wood, stakes and posts, cork, tea, canned food, fish, fish flour, palm fibre and esparto, wine in bulk, milk and butter. ARTICLE 2: Save the exemption provided for in article 2 of the above mentioned Dahir of 25 September 1962 (25 Rebia II 1382), this transport shall be carried out under the Moroccan flag in proportion of 40% at import and 30% at export. ARTICLE 3: The Minister in charge of the Merchant Navy shall be entrusted with the enforcement of this decree.

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IV. DISCIPLINARY AND PENAL SYSTEM OF THE MERCHANT NAVY APPENDIX II OF DAHIR OF 31 MARCH 1919 (28 JOUMADA II 1337), BEARING DISCIPLINARY AND PENAL CODE OF THE MERCHANT NAVY. (OFFICIAL GAZETTE OF 26 MAY 1919) PART ONE: PRELIMINARY PROVISIONS ARTICLE 1: Discipline faults, offences and crimes stated in this text shall be judged and punished in accordance with the provisions contain therein. On the contrary, infringements, offences or common law crimes committed on board vessels registered in Morocco shall be judged and punished in accordance with the ordinary laws. ARTICLE 2: The provisions of this text are applicable to all ships and sea boats registered in the Cherifian Morocco, owned by private individuals or public administrations and assigned to navigation or fishing. ARTICLE 3: Persons embarked on board these vessels, whether they are employed, passengers or admitted on board in any capacity, shall be subject as of their disembarking to the rules of order, service, discipline and police laid down for the crew and shall be liable to the sentences specified below for faults of discipline, offences and crimes. ARTICLE 4: For the application of the provisions contained in this text: - The expression "commanding officer" shall exclusively mean the commanding officer, Master or skipper, or in default the one who in fact regularly exercises the command of the ship; - The expression "officer" shall mean the executive officer, lieutenants, chief engineer, mechanics officers of the watch and, moreover, any person registered as such on the list of the crew; - The expression "master" shall mean the Masters of the crew, first drivers and, moreover, any person registered as Master or head of service on the list of the crew; - The expression "crew members" shall apply to the other persons of both sexes registered on the list either for deck or machine service, or for general service. All persons who, without belonging to the above categories, happen to be in fact and for any reason aboard a ship at the time of occurrence of the act attributed to them shall be considered as passengers; - The expression "embarked persons" shall mean all the persons stated above; - The expression "board" shall include of the ship, its boats and its fixed means of communication with land. ARTICLE 5: The commanding officer shall have on all persons on board the authority involved in the safety of the ship, of embarked persons and of the cargo, the maintenance of the ship and the preservation of equipment, and finally the success of forwarding.

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He may use for this purpose all means of coercion necessary and require the embarked persons to support him in observing law and order. The measures taken, as well as the circumstances which justified them, shall be mentioned in the book of discipline instituted by article 7 below. These measures may only be extended to the extent needed, and mention thereof shall be made every day in the book of discipline. ARTICLE 6: In the event of mutiny or revolt, the resistance of the commanding officer and of persons who remain faithful to him shall be regarded as an act of self-defence. ARTICLE 7: A special book called "book of discipline", rated and initialled by the authority in charge of the navigation police, shall be given to the commanding officer at the time of the administrative fitting of the ship. This book shall be restored to the same authority at the port where the ship is administratively laid up. The book of discipline shall mention the faults made, the measures ordered or the punishments inflicted, as well as the observations made by the interested parties. The maintenance of the book of discipline shall not be compulsory for ships fitted out for inshore navigation and fishing. PART II: ON FAULTS OF DISCIPLINE CHAPTER ONE: ON THE AUTHORITIES QUALIFIED TO STATE AND DETERMINE FAULTS OF DISCIPLINE ARTICLE 8: The right to state and determine faults of discipline lies, without appeal, with the following authorities: 1. The Commanding officer of ships; 2. (Modified by Dahir of 9 February 1939 - 19 Hijja 1357). The authorities in charge in Morocco of the maritime navigation police, in particular, agents holding the position of head of the maritime district; 3. Consuls abroad; 4. Commanders of State vessels; 5. Administrators of maritime registration; ARTICLE 9: This right shall especially lie with: 1. the commanding officer alone, at sea and in places where none of the authorities mentioned in the preceding article is available, subject to reporting at the first port where the vessel calls, either to the authority in charge, in Morocco, of the navigation police or to the consul, or to the commander of the State vessel, or to the civil servant in charge of maritime registration;

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2. the commander of the State vessel, when the ship happens to be on a road or in a port where no maritime authority or consul is available; otherwise, it is the maritime authority or the Consul who shall pronounce the punishment. However, in case of emergency, the commanding officer may punish, subject to reporting the same at once to the authority qualified to pronounce the sentence. ARTICLE 10: In the event of conflict on competence as regards discipline, the authority which the conflict was referred to shall refer the matter to the authority which shall state and determine the same. No appeal shall be against the decision having ruled on the conflict. ARTICLE 11: Apart from the cases where he shall alone or urgently state and determine the faults of discipline, the commanding officer shall address to the competent authority, with the relevant statement of the book of discipline, the supporting documents and the information provided by him, if any. ARTICLE 12: The prescription for suing faults of discipline shall be one year from laying up of the ship. The enforcement of the sentence shall be prescribed within two year from the same day. CHAPTER II: ON FAULTS OF DISCIPLINE AND THEIR PUNISHMENT ARTICLE 13: Shall be regarded as faults of discipline: 1. Simple disobedience, failing to take up office or to discharge a task relating to service on board, absence from the watch or defect of vigilance at the helm, the watchtower or the davit; 2. Intoxication without disorder, quarrel and argument between crew members or passengers, or else lack of respect; 3. Absence from board without permission when it does not exceed three days, illegal stay on land, infringements to the instructions on board relative to lighting of fires, use of boats, etc ARTICLE 14: (Abrogated by Dahir of 9 February 1939 - 19 Hijja 1357). ARTICLE 15 (a): The sentences applicable to faults of discipline are: 1. For the crew, in decreasing order of severity: imprisonment on land for four days maximum, spent in disciplinary premises separate from those of common law criminals; locking up or dungeon on board for two days maximum, unless the fault may serious consequences; deduction from the pay which shall not exceed one quarter of the pay or of the monthly share of the punished person; locking up on board for four days maximum. 2. For passengers: exclusion from the ships tables and locking up in the room, for cabin passengers; for deck or tween deck passengers, locking up in the dungeon or privation from going on deck for more than two hours per day; 3. For officers: a. Forced arrest in the room; b. Deduction from the pay, not exceeding a quarter of the monthly pay;
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c. Simple arrests, with continuation of service.

(Last subparagraph abrogated by Dahir of 9 February 1939 - 19 Hijja 1357).

ARTICLE 15 (b): (Added by Dahir of 9 February 1939 - 19 Hijja 1357). The Police Chief Resident General may, moreover, upon a proposal from the appropriate authority, pronounce, as a disciplinary measure, against officers, Masters, skippers and commanding officers who are found guilty of a relatively serious failure in the performance of their duties, the withdrawal of the possibility to command or exercise the duties of officer aboard ships fitted under the Cherifian flag for a period not exceeding one year. Final withdrawal shall be pronounced by judgement and only when it is provided for in the case of offences or crimes. PART III: ON MARITIME OFFENCES CHAPTER ONE: ON JURISDICTION AS REGARDS MARITIME OFFENCES ARTICLE 16: Statement and determination of maritime offences shall lie with the common law French jurisdictions instituted in the French zone of Our Empire. ARTICLE 17: As soon as the offending act is brought to the knowledge of the commanding officer or the relevant authorities, in the order fixed in articles 8 and 9 above, the commanding officer or the appropriate authority shall proceed without delay with any useful measures of statement and information and shall address the complaint, with supporting documents, to the department of the public prosecutor of the French jurisdiction which shall state and determine the same. ARTICLE 18: Time limits and proceedings, prescription time limits, rights of appeal applicable to maritime offences and crimes shall be those provided for suing common law penal offences before French jurisdictions in Morocco. Prescription time limits shall start to run from the day of the ships administrative laying up. The same shall apply for civil proceedings. CHAPTER II: ON MARITIME OFFENCES AND THEIR PUNISHMENT ARTICLE 19: Shall be punished with an imprisonment from six days to two and a fine from 16 to 300 Francs, or with one of these two sentences only, the following offences: 1. Reiterated disobedience with threat, repeated faults of discipline; 2. Degradation and unauthorized use of the ships objects; 3. Brawls or assault and battery between crew members, intoxication with disorder; 4. Theft, when there has not been housebreaking, for crew members; 5. Assault and battery against a superior officer; 6. Unarmed rebellion of part of the crew not exceeding one third; 7. Abandonment of the ship for more than three days, formal refusal to remain at ones station when order is given for so doing directly and personally.

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ARTICLE 20: Shall be punished with an imprisonment from six days to five years and a fine from 16 to 5,000 Francs, or with one of these two sentences only, the following offences: 1. Failure, loss, destruction or diversion of the ship, caused voluntarily and in an ex delicto manner, when this offence has not caused any loss of life; 2. Throw at sea or unnecessary destruction of whole or part of the cargo, of provisions or ships effects; 3. The sale of the ship, apart from the case unseaworthiness, unnecessary borrowing, unloading of the ship, apart from the case of imminent danger, abandonment of the ship, apart from the case of peremptory necessity; 4. Theft committed on board all ships by the commanding officers, officers, supercargos and passengers; thefts committed by marine officers, novice sailors or ships boys, when the theft exceeds 20 Francs or was committed with skeleton keys or with housebreaking; 5. Voluntary deterioration of food stuffs, drinks or other objects of consumption by means of harmful substances; 6. Refusal by a ships commanding officer to lend assistance at sea to any ship in danger, when such assistance does not put its own ship in danger. ARTICLE 21 (a): Shall be punished with imprisonment from six days to six months and a fine from 16 to 500 Francs, or with one of these two sentences only, any commanding officer, officer of the watch, helmsman or pilot who is found guilty of an infringement to either the rules on lights to put on by night, or to the rules on the operations to be carried out in the event of meeting a vessel. ARTICLE 21 (b): (Added by Dahir of 12 November 1937 - 8 Ramadan 1356). Any commanding officer, officer or Master, who resorts to oppression or who orders, authorizes or tolerates oppression against an embarked person shall be punished with a fine from 50 to 500 Francs and an imprisonment from six days to six months, or with of one of these two sentences only. Shall be punished with the same sentence any commanding officer, officer or Master guilty of characterized insult by word, gesture or threat towards the crew members. Any commanding officer, officer or Master who, without legitimate reason, uses violence or has it used in the performance or on the occasion of performing his duties shall be punished in accordance with the provisions of articles 186 and 198 of the Penal Code. In the cases provided for in the two preceding subparagraphs, the sentence may be doubled in the case of a novice or a ships boy. ARTICLE 21 (c): (Added by Dahir of 12 November 1937 - 8 Ramadan 1356). Shall be punished, for each of the infringements stated below, with a fine from 50 to 500 Francs any commanding officer who refuses or neglects, without legitimate reason: 1. to make the necessary statements in the event of crime or offence committed on board; 2. to duly hold the book of discipline.

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ARTICLE 21 (d): (Added by Dahir of 9 February 1939 - 19 Hijja 1357). Any person, even a foreigner, embarked on a Moroccan or foreign ship, who, within the limits of Moroccan territorial waters, does not conform to the regulations or orders emanating from the maritime authorities, relative either to the water and roads police or to the maritime navigation police shall be liable to an imprisonment from six days to six months and a fine from 50 to 500 Francs, or with one of these two sentences only. ARTICLE 21 (e): (Added by Dahir of 25 July 1949 - 28 Ramadan 1368). Any commanding officer who embarks or disembarks a crew member without mentioning this embarking or disembarking on the list of the crew by the maritime authority shall be punished, for each unduly embarked or disembarked person, for a gross tonnage exceeding 25 tons, from 2,000 to 6,000 Francs in the opposite case. PART IV: ON MARITIME CRIMES CHAPTER ONE: ON JURISDICTION AS REGARDS MARITIME CRIMES ARTICLE 22: The statement and determination of maritime crimes lies with the jurisdictions in charge of judging common law crimes. CHAPTER II: ON MARITIME CRIMES AND THEIR PUNISHMENT ARTICLE 23: Shall be punished with time hard labour: 1. Any plot against the safety, freedom or authority of the commanding officer. There is a plot as soon as the resolution to act is concerted and decided between two or several persons embarked on board a ship; 2. Collective refusal of officers, Masters and crew members to obey a strict order of the commanding officer in spite of an express challenge; 3 The piracy crime defined as follows: a. Any individuals belonging to the crew of any ship which, sailing without being or without having been provided for the voyage with the applicable papers stating the ships nationality and the legitimacy of the forwarding, commit acts of degradation or violence towards a Moroccan or foreign ship, its crew, its passengers or its cargo ; b. Any individuals belonging to the crew of a Moroccan ship who, without approval or due commission, commit acts of degradation or violence towards a Moroccan or foreign ship, its crew, its passengers or its cargo; c. Any individuals belonging to the crew of a foreign ship who, without approval of their government, commit acts of degradation or violence towards a Moroccan ship, its crew, its passengers or its cargo; d. Any individuals being on board ships provided with weapons and sailing without being or having been provided for the voyage with the applicable papers stating the ships nationality and the legitimacy of the forwarding. PART V: GENERAL PROVISIONS ARTICLE 24: When the offences or crimes provided for in this text are referred to courts, the courts may pronounce, either as a principal sentence or as an additional sentence, the
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suspension or loss of the possibility to command with regard to commanding officers, officers or skippers. ARTICLE 25: The provisions of Dahir of 18 May 1914 (22 Joumada II 1332), as well as the related article of the Penal Code shall be applicable to the infringements provided for by this text. ARTICLE 26: The barcassiers of the ports of Morocco shall continue to be governed, from the disciplinary and penal point of view, by local usage particular to their community. ARTICLE 27: (Added by Dahir of 24 November 1941 - 5 Kaada 1360). Shall be punished with a sentence of imprisonment from one year to five years and a fine from 16 to 300 Francs, or with one of these two sentences only, any person who, being on land or on board, causes by word or writing a crew member or a ships crew to commit one of the crimes or offences provided for in this Appendix or who encourages third parties to commit infringements to article 279 of Appendix I of this Dahir, constituting Maritime Commercial Law, or any provision of Dahirs and decrees in force on the navigation police. _______________________________END OF TRANSLATION ___________________ The translation of the Maritime Commercial Code has been realized by: CABINET RAISSOULI 13 Avenue Omar Ben Khattab Appt n 1 in Tangier Morocco Phone Number :( 00212) 39 94 04 94

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