Oman's trade depends heavily on the sea, from Sohar, Duqm and Salalah to Port Sultan Qaboos. That is why the new Omani Maritime Law of 2023 matters to every importer, exporter, forwarder and shipowner, not only to specialists. This article summarises its key features and what they mean in practice.
From the 1981 law to the 2023 law
The new Maritime Law was issued by Royal Decree 19/2023, repealing the Maritime Law issued by Royal Decree 35/1981 and the law on navigation in territorial waters issued by Royal Decree 98/1981. With 387 articles, it aims to develop the maritime sector while prioritising navigational safety, seafarer protection and the marine environment.
What it covers
Ship registration, nationality, ownership and mortgages; charterparties; carriage of goods and passengers under bills of lading; maritime liens and ship arrest; collision, salvage and general average; and marine insurance.
Carriage of goods and bills of lading
The law sets out a detailed regime of the carrier's rights and obligations under a bill of lading, broadly following international practice on deck cargo, dangerous goods, the carrier's lien for freight and time bars. For importers, the bill of lading is the basis of any claim, and notices and claims are subject to short deadlines.
Wider ship arrest
The new law widens the range of maritime claims that can support a precautionary arrest preventing a ship from leaving Omani waters, including claims for insurance, supplies, bunkers, operating equipment and maintenance. A creditor may arrest the ship concerned or another ship owned by the debtor when the claim arose, and the court may release the ship against adequate security.
Maritime liens
Privileged claims rank ahead of others on enforcement against a ship, including crew wages, salvage, general average and collision, and now passenger injury and baggage claims, which are subject to a short limitation period.
What it means for importers
- Inspect cargo on delivery and note reservations in writing; appoint a surveyor if there is damage.
- Notify the carrier immediately.
- Check your sale terms to see when risk passed to you.
- Insure your cargo and read the exclusions.
- Keep the original bill of lading, invoice, packing list and survey report.
Frequently asked questions
What is the number of Oman's new Maritime Law?
Royal Decree 19/2023, which replaced Royal Decree 35/1981.
Can a foreign ship be arrested in Omani waters?
Yes, a holder of a maritime claim can apply to arrest the ship concerned or, in the cases set out in the law, another ship owned by the debtor; release is possible against adequate security.
For damaged cargo, claims against a vessel or a carriage or charter dispute, see our maritime and transport lawyer service or contact Dr. Abdullah Al Rashdi Office on WhatsApp or +968 92000841.