1.

0REGULATION OF MARITIME TRNSPORTr

1.1, INTERNATIONAL REGULATION.
1.1,1. INTERNATIONAL MARITIMEORGANIZATION (IMO)
Intermational Maritime Organization is the Unitcd Nations spccializcd agency with
responsilbility for the safcty and secunity of shipping and the prevention of marine and
atmospheric pollution by ships. IMO's work supports the UN Sustainable Devclopment Goals
(SDGs).
Asa specialized agency of thc United Nations, IMO is thc global standard-setting authority for
the safcty, security and environmental performance of international shipping. Its main role is to
create a regulatory framework for the shipping industry that is fair and effective, universally
adopted and universally implemented.

IMO measures cover all aspects of international shipping including ship design, construction,
equipment, manning, operation and disposal - to ensure that this vital sector for remains safe,
environmentally sound, energy eficient and secure.

1.1.1.1. MEMBERSHIP

Membership in the Organization is open to all States, subject to the provisions contained in the
Convention on the International Maritime Organization.

Organization by
In this egard, Members of the United Nations may become Members of the
be deposited
simply accepting the IMO Convention. An instrument to that effect would have to
if a State is not
with the Secretary-General of the United Nations. Other rules may be applicable
a Member of the UN.

that it contacts the IMO Secretariat

Tfa State wishes to become an IMO Member, it is adVisable
of acceptance of the IMO
through a diplomaticchannel prior to depositing the instrument with an
Nations. IMO will provide it
Convention with the Secretary-General of the United
payable fees, i.e. a calculation of the contribution for that year and the adyance to
estimate of the
Capital Fund. Interested States may note that contributions to the IMO budget are
the Working
is different from that used in other United Nations agencies: the
based on afurmula which
Member State depends primarily on the tonnage of its merchant fleet
amountpaid by each

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 1,1.1,2. STRUCTURE OF IMO

The Organization consists of an Assembly, a Council and five main Committees: the Maritime
Safety Committee; the Marine Environment Protection Committee; the Legal Committee;the
eenncal Cooperation Committee and the Facilitation Committee and a number of Sub
Committecs support the work of the main technical committees.
(a) Assembly
This is the highest Governing Body of the
Organization. It consists of all Menmber States and it
meets once every two yearsin reg1lar sessions, but may
necessary. The Assembly is responsible for approving thealso meet in an extraordinary session if
work programmed, voting the budget
and determining the financial
Council. arrangements of the Organization. The Assembly also clects the
(b) Coune:l
The Council is elected by the Assembly for
of the Assembiy. two-year terms beginning after cach regular session
The Council is the Executive Organ of IMO and is
supervising the work of the Organization. Between responsible,
scssions of
under the Assembly, for
the
performs all the functions of the Assembly, except the function of Assembly the Council
Governments on maritime safety and pollution prevention which ismaking
reserved
recommendations
for
to
Article 156) of the Convention. the Assembly by
Other functions of the Council are to:

(a) Coordinate the activities of the organs of the

Organization;
(b) Consider the draft work programmed and budget
submit them to the Assembly; estimates of the Organization and

(c) Receive reports and proposals of the Ccmmittees and other organs and
the Assembly and Member States, with comments and submit them to
recommendations as appropriate;
(d) Appoint he Secretary-General, subject to the approval of the
Assembly;
(e) Enter intT agreements or arrangements concerning the relationship of the
with other organizations, subject to approval by the Assembly. Organization

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 (c) Secretariat

IheSccretariat of IMOconsists of the Secretary-Gencral and some 300 international personnel

based at the headquarters of the Organization in London.
The current Secretary-General is Kitack Lim (South Korea), elected fora four-ycar term at the
1O6th session of the IMO Council in June 2015 and at the 27th session of the IMO's Assembly in
November 2015. His mandate started on 1January 2016.
The holders of the office have been:
1959-1961
) Ove Nielsen (Denmark)
(i) Wi!liam Graham (Unitcd Kingdom, 1961-1963
Acing) 1964-1967
(iii) Jea-. Roullier (France)
1968-1973
(iv) Co'n Goad (United Kingdom) 1974-1989
(v) Chrndrika Prasad Srivastava (India) 1990-2003
(vi) W:liam A. ONeil(Canada) 2004-2011
(vi) ERhimiosE. Mitropoulos (Greece) 2012-2015
(vii) Koji Sekimizu (Japan)
2016-2019
(ix) Kitack Lim's (Republic of Korea) 20220-2023
(x) Kitack Lim's(Republic of Korea) Second Term
1.1.1.3. TECENICAL COMMITTEES

out by aseries of
The technical work of the Intermational Maritime Organization iscarried
Committees. These include:

(a) MARTIME SAFETY COMMITTEE (MSC)

all Member States. The
The MSC is the highest technical body of the Organization. It consists ofwithin
functions of the Maritime Safety Committee are to "consider any matter the scope of the
Organization concerned with aids to navigation, construction and equipnment of vessels, manning
dangerous cargoes,
from a safety tandpoint, rules for the prevention of collisions, handling oflog-books
maritime safety procedures and requirements, hydrographic information, and
navigational r«cords, marine casualty investigations, salvage and rescue and any other matters
directly affect'ng maritime safety".

The Committee is also required to provide machinery for performing any duties assigned to it by
the IMO Coniention or any duty within its scope of work which may be assigned to it by or
under any inte:national instrument and accepted by the Organization. It also has the
responsitbility "or considering and submitting recommendations and guidelines on safety for
possible adop.on by the Assembly.
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 as SOLAS and includes all
1he cxpanded MSC ndopts amendmcnts to conycntions suchconventions
Member States as well as thosc countrics which are Party to such as SOLAS even it
they are not IMO Member Statcs.

(b) THE MARINE ENVIRONMENT PROTECTION COMMITTEE (MEPC)

The MEPC, which consists of all Member States, is empowered to consider any matter within
the scope of the Organization concerned witb nrevention and control of pollution from ships. In
particular it is Tconcerned wih the adoption and amendment of conventions and other regulations
and measures ensure their enforcement.

The MEPCwes first established as a subsidiary body of the Assembly and raised to full
constitutional status in 1985.
Sub-Commites
The MSC and iMEPCare assisted in their work by a
open to all Member States:
number of sub-committees which are also

Sub-Cemmittee on Human Element, Training and Watchkeeping (HTW);

Sub-Ccmmittee on Implementation of IMO Instruments (II);
Sub-Ccmmittee on Navigation, Communications and Search and Rescue (NCSR);
Sub-Committee on Pollution Prevention and Response (PPR);
Sub-Committee on Ship Design and Construction (SDC);
Sub-Committee on Ship Systems and Equipment (SSE); and
Sub-Ccmmittee on Carriage of Cargoes and Containers (CCC).
(c) LEGAL COMMITTEE

The Legal Committee is empowered to deal with any legal

Organization, The Committee consists of all Member Statesmatters within the scope of the
of IMO. It was established in 1967
as a subsidiar body to deal with legal questions which arose in
Canyon disastr. the aftermath of the Torrey

The Legal Co1mittee is also empcwered to perform any duties

within its scÍpe which may be
assigned by o: under any other international instrument and accepted by the Organization.
(d) TECHNICAL COOPERATION COMMITTEE

The Technicai Cooperation Committee is required to consider any

matter within the scope of the
Organization concerned with the implementation of technical cooperation projects for which the
Organization 2cts as the executing or cooperating agency and any other matters related to the
Organization's.activities in the teclnical cooperation field.
The Technica Cooperation Committee consists of all Member States of IMO, was established
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 amendment
institutionalized by mcans of an
1969 as a subsidiary body of the Council, and was
to the IMOConvention which entcred into force in 1984.
(e) FACILITATION COMMITTEE
body of the Council in May 1972,
was established as a subsidiary amendment to the IMO
The Facilitaticn Committee 2008 as a result of an
deals withIMO's work
and became frlly institutionalised in December and
the Organization implementing
Convention. I: consists of all the Member States of ininternational shipping by and any
tape" 1965
in eliminating unnecessary formalities and "redofIInternational Maritime Traffic of international
all aspects of tie Convention on Facilitation concerned with the facilitation accordance with the
matter within he scope ofthe Organization work, in
between maritime
the Committee's
maritime traffic. In particular in recent yearsthat the right balarce is struck
wishes of the Assembly, has been to ensure
international maritime trade.
security and the facilitation of
1.1.1.4.IMO CONVENTIONS
convention?
What isintern-tional maritime
convention is a written agreement
with several
An Internatior l
maritimne
major rrt of maritime affairs governed by the IMO.
parts. Conventions form a
(a) Key IM)Conventions
of Life at Sea (SOLAS), 1974, as amended
Safei" modified
Intermational Convention for the Prevention of Pollution from Ships, 1973, as
Intermational Convention for thethereto and by the Protocol of 1997(MARPOL)
relating Watchkeeping for
by the Protocol of 1978 on Standards ofTraining, Certification and Amendments
Intemgtional Convention including the 1995 and 2010 Manila
Seafarers ( STCW as amended,
maritime safety and security andship/port interface
relating to
(b) Other c< vertions (COLREG),
for Preventing Collisions at Sea
Conver.tion on the International Regulations
1972
Facilitation of International Maritime Traffic (FAL),1965
Conve-tion on
Intern ional Convention on Load
Lines (LL), 1966
Rescue (SAR), 1979
Internaional Convention on Maritime Search and Against the Safety of Maritime
Conveation for the Suppression of Unlawful Acts Suppression of Unlawful Acts Against
Navigation(SUA), 1988, a:d Protocol for the
of FixedPlatfor: 1s located on the Continental Shclf (and the 2005 Protocols)
the Safety
International Convention for Safe Containers (CSC), 1972
Organization (IMSO C), 1976
Convestion on the International Maritime Satellite
Fishing Vessels (SFV),
The Tcrremalinos International Convention for the Safety ofCape Town Agreement of
1977, superseded by the The 1993 *remolinos Protocol; relating to the
2012 ca the Implementation of the Provisions of the 1993Protocol
Torrer:olinos International Convention for the Safety of Fishing Vessels
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 Watchkecping for
lntemeinalConvention onStnndnrds ofraintng, C'ertification and
Fishin, Vesscl l'ersonncl (STCW-"), 1995
Space
Secin. T'rnde l'asscnger Slhips Agrccment (STP), 1971 and Protocol on
Requirnents for Specinl l'rade Passengcr Slhipa, 1973

(c) Other conventlons relating to prevention of marine pollution

" IntemeiionalConvention Rclating to Intervention on the High Scas in Cascs of Oil
Pollution Casualtics (INTERVENTION), 1969
Convention on the Prevention of Marinc Pollution by Dumping of Wastcs and Other
Matter (LC), 1972 (and the 1996 London Protocol)
" Interno:ional Convention on Oil Pollution Preparcdncss, Responsc and Co
operation (OPRC), 1990
" Protoc:l on Preparedncss, .csponse and Co-operation to2000
pollution Incidents by
(OPRC-HNS Protocol)
Hazardous and Noxious Substances,
" Interneional Convention on the Control of Harmful Anti-fouling Systems on Ships
(AFS), 2001
" Internaional Convention for the Cortioi and Management of Ships' Ballast Water and
Sediments, 2004
"The Heng Kong International Convention for the Safe and Environmentally
Sound Recycling of Ships, 2009
(d) Conveations covering liability and compensation
Inte:national Convention on CivilLiability for OilPollution Damage (CLC), 1969
an Intermational
1992 Protocol to theJntermational Convcntion on the Establishment of
Furifor Compensaion for Oil Pollution Damage(FUND 1992) Nuclear
Corention relating to Civil Liability in the Field of Maritime Carriage of
Material NUCLEAR), 1971
and their Luggage by Sea
" Athens Convention relating to the Carriage of Passengers
PA-), 1974 (LLMC), 1976
Convention on Limitation of Liability for Maritime Claims Damage in Connection
and Compensation for
" nternational Convention n Liability Noxious
the Carriage of Hazardous and Substances by Sea (HNS), 1996(and its
with
2019 Protocol) Oil Pollution Damage, 2001
InternationalConvention on Civil Liability for Bunker Wrccks, 2007
of
Nairobi International Convention ui'the Removal

(e) Other sujects

Convention on Tonnage Measurement of Ships (TONNAGE), 1969
Interna ional (SALVAGE), 1989.
Intern.ional Convention on Salvage
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1.1.2. PORT STATE CONTROL (SC).
Port State Cortrol (PSC) is an inspection rcgime for countrics to inspect forcign rogsterca
ships in ports, other than those of the flag state and take action against ships tnat are
Compliance. Inspectors for the PSC are called Port State Control Oficcrs (PSCO»'s). 1hey are
required to investigate compliance with the reouirements of lnternational conventions, Sucn
as SOLAS, MARPOL and STCW. Most of IMO important technical conventions contain
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provisions for ships to be inspected, when thev visit forejgn ports to ensure that they meet
requirements.

(MOU)
Agreements cn Port StateCont»l Memorandum OfUnderstanding
() Europ and the north Atlantic (Paris MoU);
Member;
Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany,
Delgum,
Iceland, Ireland, Italy, Latvia, Lithuania. Malta, the Netherlands, Norway, Poland,
Greece, Spain, Sweden and the United Kingdom.
Portugal, Romania, the Russian Federation, Slovenja,

(i) Asia ardthe Pacific (Tokyo MoU

Membcrs;

Australia, Canada, Chile, China, Fiji, Hong Marshall

Kong(China), Indonesia, Japan, Republic of Korea, Malaysia,
Peru, Philippines, Russian
Islands, Ney Zealand, Panama, Papua New Guinea,
Federation, Singapore, Thailand, Vanuatu and Viet Nam

(ii) Latin America (Acuerdo.de Viña del Mar)

Members;
Argentina, Bolivia, Brazil, Colombia, Chile, Cuba, Ecuador, Honduras,
Mexico, Panama, Uruguay, And Venezuela.
(iv) Carib': ean (Caribbean MoU);
Members:
(Antigua and Barbuda, Aruba, Banamas, Barbados, Belize,Cayman Islands, Cuba, Curacao,
Grenada, Guyana, Jamaica, the Netherlands, St. Christopher and Nevis, Suriname and Trinidad
and Tobago) end one Associate Member (France),.
(v) West rad Central Africa (Abuja MoU);
Members;
Angola, Benin, Cameroon, Cape Verde, Congo, Ivory Coast,, Gabon, Ghana, Equatorial
Guinea, Liber'a, Mauritania, Namibia, Nigeria, Senegal Siera Leone, South Africa, Sao Tome
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 (vii) The M.zditerrancan (Medterrancan MoU);
Members:
Algeria, Cyprs, Egypt, Israel, Jordan, Malta, Morocco, Tunisia And Turkey
(viii) The Indian Ocean (Tndian Ocean MoU;
Members:
Australia, Bangladesh, Djibouti, Eretria, France (La Union Island)India, Iran, Kenya, Maldives,
Mauriritius, Mozambique, Mymmar, Seychelles, South Africa, Sri Lanka, Sudan, Tanzania And
Yemen.
(ix) The Riyr.dh MoU.
Members:
Bahrain, Kuvrit, Oman, Qatar, Saudi Arabia, and United Arabian Emirates.
(x) The Uni:d States Coast Guard

INSPECTIC|IAND ENFORCEMENT
The port state ontrol (PSC) makes inspection of ships in port, taken by a port state control
officer (PSCC).
Criteria for detaining a ship by PSÇO
The main criteria fordetention are that the ship is deemed unsafetoproceedto sea and that the
deficiencies on a ship are considered serious by the inspector. these deficiencies must be rectified
before the ship may sail again. In the annual report of the Paris MOU, It stated that the major
deficiencies ar:
i. Certifiration of crew
ii. Safety
iii. Maritie security
iv. Marin pollution and environment
v. Workig and living condition
vi. Operat.onal
vii. Managment
Courses of action a PSCOmay impose on a ship with deficiencies are;
(a) De.iciencies can be rectified within 14 days for minor infractions.
(b) Ur:ter specific conditions, deficiencies can be rectified when the ship arrives at the
next ort.
(c) De.iciencies must be rectified before the ship can depart the port.
(d) Dc'ention of the ship occurs.
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1.2.
LOCAREGULATION
1.2.1. TANZ/
NIA SHIPPING AGENCIES CORPORATION
(TAS:.C)
(a) Establishment of the Tanzania Shipping Agencies Corporation
() BackgrTund
Authority (SUMATRA)was
In 2001, the Surface and Marine Transport Repulatory the Surface and Marine Transport
established as a multi-sectoral rregulatory agency, under maritime transport services n
road and
Kegulatory Authority Act 2001, to regulate rail.
Tanzania.
from stakcholders, establishes
reasons the Act, which has received input marine transport
For variov: policy which willregulate
the Tanzaria Shipping Agencies Corporation (TASAC), ofSUMATRA.
rights and rcsponsibilities
in Mainlar i Tanzania, assuming the
TASAC's role in regulating marine transport, when in
The inforr: ation below responsibilities and how this is likely to affect parties operating
highlights
lASAC wlassume these
the marine transport sector.
(i) RolefTASAC
stipulate that TASAC is to act as:
Sections 6, 10, 11, 12 and 13 of theAct

A shipping agent;
environment, safety and security;
A regulator ofmaritime services; and
A regulator of maritime transport
A llcensor of privateshipping agencies.
shipping agencies will involve:
(ii) The functions of TASAC in relation to
provision of port services;
Ar anging for the amival or departure of ships and the
services:
Cerrying out cargo and ship documentation
Aranging the provision of services pertaining to crew matters;
Aranging the provision of ship stores, supplies and ship repairing;
A:anging transshipment services and shipment of over landed or short-shipped
cago;
Aranging container stuffing and de-stuffing services, and warehousing and cargo
stcrage services;
Civassing for cargo end market shipping services on behalf of ship owners,
op rators or charterers:
Attending claims on behalf of ocean carriers for whom ashipping agent acts
(F.incipals);
 tracks and coordinating all activities concerning the movement of ful
Menitoring
and cmpty containcrs; shippers, consignees or other parties
freight and other moneys from
Ccllecting occan
on behalf of the Principal;
records of allloaded, discharged, stuffed
Providing ship tallying services and kecping
and de-stuffed cargo items;
cargo;
(Providingor arranging for clearing and forwarding of
Supervising the conduct of shipping agents; and marinc transport (the Minister)
responsible for
Ary other functions as the Minister
mey direct.

(iv) Regulation ofMaritime Environment, Safety and Security

and maritimne safety and
With rega ds to the regulation of the maritime environment
security, TASAC shall:

Aminister the Merchant Shipping Act 2003;

of ships
Eyrcise port state corrol of all foreign ships and flag state control
registered in Mainland Tanzania;
services
Requlate and approve marine services, safety equipment and marine
pr< viders;
Regulate ferries;
Ccordinate maritime search and rescue operations;
Regulate and coordinate the protection and preservation of the marine environment;
Cizulate information and create awareness on matters related to the marine
erironment, safety, and security; and
Pe-form any other functions as may specify by any written law or as the Minister
m[y direct.

(v) Regu'ation of Maritime Transport Services

With regc-ds to the regulation of maritime transport services, TASACshall:

Erablish standards and terms and conditions for the supply of regulated goods and
se.vices;
R zulate rates and chpges including freight rates, currency and bunker adjustment
fe: tors and other chargs or surcharges in relation to mariime transport services;
Is:1e, renew and cancel licences;
MTnitor the performance and conduct of regulated service providers and shipping
lines;
Fecilitate the resolution of complaints and disputes;
Require all ships loading or discharging cargo in Mainland Tanzania ports to submit
toTASAC;

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 Kezister shippers, shipping agents and clearing and forwarding agents; and
Perform any other functions as the Minister may dircct.
(vi) Liccnzor of Privatc Shipping
Agencies
Section 1: of the Act provides that any corporation or company engaged
ports
in providing.
in accordance with the Act
Ppn8 agency services for sea ports and inland waterwaysTASAC for a licence.
General of
(4 Ouppng Agent) should apply to the Director
A person siallbe licensed as a Shipping Agent if that person is:
A citizen of Tanzania;
the Companies Act in which more than 60% of the
IS *.company incorporated under by a citizen of Tanzania;
shee capital is held dirrctly or indirectlythe proper carrying out of the business of
Pocsess the prescribed qualifications for
shipping agency; and
country.
Ha: no criminal record inside or outside of the
within
from the private sector as well as from
TASAC's 'board is comprised of indivjduals operate with an effective commercial approach.
governme .i. This should allow the agency to

1.2.2. ZANE BAR MARITIME AUTHORITY (ZMA).

Zanzibar Mariime Authority (ZMA) Monitors, Regulates

Industry in Zanzibar.
and Coordinates activities in the Maritime
General, with Chaiman of the Board of Director
The ZMA Autiority is headed by a Director
heading six directors of governing body.
ZMA Was est;blished under Act No. 3of 2009
coordinating activities in
(i) Chargd with the responsibility of monitoring, regulating and
the maritime industry.
effective and efficient
(ii) ZM: discharge flag stat and pot state responsibilities in an
ma'ner in line with IMOconventions, instruments and codes.

(ii) ZM!. regulate activities on shipping in sea waterways to ensure safety of navigation.
(iv) As pat of our safety and environmental responsibilities, ZMA promptly investigate
boats, collision
m.itime casualties such as loss of lives resulting from overloading on
etc and take the appropriate actions. In partnership with other public agencies and
the
ins itutions, we ensure the prevention of marine source pollution and protection oi
m[ ine environment.

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