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Tuesday, November 10 - 2009

Experts to recommend stricter legal measures against regional maritime infringements

  • United Arab Emirates: Sunday, February 19 - 2006 at 08:46
  • PRESS RELEASE

An international conference of leading maritime law experts, set to meet in Dubai for two days on March 6th and 7th 2006, will recommend stricter legal measures to thwart maritime infringements that include piracy, money laundering and other illegal acts.

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  • Essam Al Tamimi, managing partner of Al Tamimi and Company.
    Essam Al Tamimi, managing partner of Al Tamimi and Company.
This comes at a time when political turmoil in Somalia and Iraq, two essential geographies in controlling important shipping trade channels in the Middle East, have witnessed alarming increases in maritime crime.

In the first nine months of 2005, there were over 205 cases of reported pirate attacks worldwide, and the numbers having increased since. The waters of Somalia have raised the most concerns where pirates have attacked a range of vessels gas tankers, bulk carriers, cruise ships, fishing vessels and even general vessels.

More alarming is the fact that the people behind such attacks have been identified as warlords who use the income from piracy to fund drug and weapons smuggling activities as well as terrorist attacks.

"There is no single enforceable measure that could quell the increasing problem of maritime crime. From less dangerous smuggling and money laundering activities - executed through ever more creative criminals who utilize shipping companies and the hazy laws surrounding them - to the more lethal pirate attacks that place human life under direct threat, it is clear that a combination of legal measures and international cooperation is required to ease the problem," said Essam Al Tamimi, managing partner of Al Tamimi and Company. "Externalities such as higher insurance costs, for example, have a direct impact on prices and on economic activity, especially in an area that exports energy and is a net importer of essential economic good and services."

The United Arab Emirates is an example of a country that has taken some strong legal counter measures by amending some articles of the federal penal code issued by federal law No. (3) for 1987, which in essence broadened the jurisdiction and imposed more punitive measures on anyone involved or being complicit in crimes that involve damaging international communications systems, trafficking of drugs, women, children or slaves, crimes on piracy, international terrorism pr crimes regarding money laundering.

"Such measures are a step in the right direction and will definitely provide local authorities with more effective tools to control both UAE and non-UAE vessels," continued Al Tamimi. "These measures are without prejudice to international agreements and conventions in which the UAE is a party."

Punishments defined by the law against these crimes ranges from blood money, fines, flogging, detention, life imprisonment and death sentences.

Some vessels have gone as far as installing Long Range Acoustic Devices (LRAD) that emit sounds up to an ear splitting 150 decibels to deter attackers!

The two-day conference on international maritime law will also cover topics including: enforcement of marine claims, developments in charter parties and the apportionment of Charterparty obligations between an owner and a Charterer and recent developments in Bill of Lading case law.

The two day conference is presented by the Maritime and Transport Law Committee and Maritime and Aviation Law section of the International Bar Association in cooperation with Al Tamimi and Company and Clyde and Company, and aims to enlighten the participants on the enforcement of marine claims and allow them the opportunity to discuss and analyze regimes in different countries.

The International Bar Association's (IBA) Maritime and Transport Law Committee is one of the largest and most active international groups of individual attorneys practicing in Maritime and Transport Law. The Maritime and Transport Law Committee, which is a part of the IBA, has over 1,000 members in 115 countries and membership is increasing steadily. The Committee is part of the Maritime and Aviation Law Section of the IBA and is the largest international grouping of practicing maritime and transport lawyers. It is able to address important issues in this area from a spectrum of national, regional and international points of view. To support this, it holds Committee Conferences focusing on current developments in maritime and transport law, as well as sessions at the International Bar Association Annual Conference.

The conference will be held at the Hilton Dubai Jumeirah Hotel on Monday March 6th and Tuesday March 7th 2006.
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Notes and media contacts

About Al Tamimi & Company:
Al Tamimi & Company, originally established in 1989, is today one of the leading law firms in the Arabian Gulf region. It is the largest local, non-affiliated law firm in the United Arab Emirates with offices in the Emirates of Dubai, Abu Dhabi and Sharjah and associate offices in Doha and Baghdad.

Al Tamimi & Company specializes in Company/Commercial law, Litigation, Banking, Insurance, Maritime Law, Intellectual Property, Alternative Dispute Resolution, Arbitration.

An international team of high caliber lawyers ably serves clients from the United Kingdom, North America, Europe, the United Arab Emirates and several other Arab countries. Each member of our team of professionals and qualified administrative staff is fully committed to providing our clients with accurate, creative and cost effective advice.

We pride ourselves on our complete knowledge of the laws and regulations applicable to our home jurisdiction and the commercial community abroad. Within the U.A.E. we regularly confer with government ministries during the introduction of new legislation and the ongoing amendment of internal regulations, relying on long established contacts in all government departments.

The firm can assist multinational companies to establish operations in the U.A.E. independently, or in association with local partners. Both our local clients, many of whom have business interests outside the United Arab Emirates, and international companies, rely on our global perspective. We subscribe to the belief that the world of opportunity does not recognize national boundaries.

Al Tamimi & Company specializes in:
• Banking & Finance
• Corporate/Commercial
• Information Technology
• Intellectual Property
• Litigation, Arbitration & Alternative Dispute Resolution
• Maritime, Trade & Insurance
• Construction
• Property
• Communications & Media

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