The safety of sea vessels law is enabled by international treaties and agreements which Egypt had signed. According to the hierarchy of Egyptian legislation, international treaties or agreements are surpassed in supremacy only by constitutional law. In other words, the Egyptian Legislator is bound by international treaties so long as they are not in conflict with constitutional law. Egypt is thought to have passed this law to protect its sovereign interests.
As per Article 91(10) of UNCLOS, the nationality of the ship is determined by the flag which it flies, there must be a genuine link between the state and the ship. In addition, there may not be a ship that attempts to carry dual nationality. Thus, due to the fact that a ship may only be regulated under a single nationality, the ships are viewed as a part of a state’s sovereignty making their safety extremely important.
The new amendments were made in order to protect the vessels which are governed under Egyptian Law and to avoid any foreign infringements. The new amendments are divided into two parts: the first one is for the security interest such as knowing exactly which units have been sold or rented, and the second part is focused on economic interests in regards to duties and tariffs for the country.
The Latest Amendment of Law no. 232 of 1989:
The Egyptian parliament gave primary approval to amend two new articles. The aim of these amendments is to continue to protect national security while honoring its obligations under international treaties. Therefore, these new amendments serve to increase national security in cooperation with international law by way of increasing the level of communication between vessels and the competent Egyptian authority in regards to renting or selling units.
Article 7 states that the owner or the user of the Egyptian sea vessels is obliged to report any renting or selling unit within 30 days from the operation date.
Article 20 stipulates that there will be a sanction for those who will not report the renting or selling units or using the units in any illegal activities (to be sentenced to one year in prison and to pay a fine, not less than 50,000 and no more than 500,000 Egyptian pounds).
As per the aforementioned articles, Egyptian legislators are attempting to toughen the penalties to protect the territorial sea from any criminal activities and prevent anyone from using their units in illegal operations. Also, these new amendments shall regulate illegal activities like fraudulent and swindling activities.
Takeaways
In conclusion, the safety of sea vessels is enabled by international treaties. The flag which the ship carries is what determines the nationality of the ship. The new amendments are made twofold, one side towards security interests and the other regarding economic interests. The new amendments appear to have taken approval from the Egyptian parliament but it has not yet been published in the official gazette. However, this news does carry significant importance, in order to avoid any sanctions and penalties occurring in the absence of reporting the selling or renting of the units.
