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Saudi Arabia: Transformation of the Kingdom
Welcome to the Saudi Arabia focus edition of Law Update.
One of the key markets in the Middle East and North Africa (MENA) that continues to lead from the front is the Kingdom of Saudi Arabia (KSA). As the largest country in the Middle East and the 18th largest economy in the world, the progress KSA continues to make is underpinned by its Vision 2030 that envisions developing the country as an investment powerhouse and hub that ultimately connects Asia, Europe, and Africa. Given Saudi Arabia’s significance to the regional economy, our team of experts have prepared a range of pertinent articles that provide insights into new laws, regulations, and the legal landscape in the Kingdom.
This edition will provide you with an up-to-date guide on matters such as; the framework issued by the Saudi Central Bank on IT governance, the anti-corruption landscape under Vision 2030; we also provide practical tips for dispute avoidance. This is only a snapshot; there are many more articles within the KSA focus section for you to read, which we hope you will find valuable and enjoyable.
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A complete spectrum of legal services across jurisdictions in the Middle East & North Africa.
UAE Federal Transport Authority Issues Rules on Ship Fuel
Pursuant to Circular No. 11 of 2019 dated 22 December 2019 (the “Circular”), the UAE Federal Transport Authority – Land & Maritime (the “Authority”) has instructed that as of 1 January 2020, all fuel oil on board any UAE and foreign-flagged vessel entering UAE territorial waters must not have sulphur content “exceeding 0.50% m/m” (the “Compliant Fuel“).
Further, from 1 March 2020, UAE and foreign-flagged vessels entering UAE territorial waters “without an approved alternate means of compliance (such as Exhaust Gas Cleaning System)”, are prohibited from carrying fuel oil that is not a Compliant Fuel, unless such fuel complies “with the required emission levels”.
Non-compliance
The Authority directed that from 1 January 2020, all vessels entering UAE territorial waters or calling UAE ports that carry fuel that is not a Compliant Fuel, must submit a Fuel Oil Non-Availability Report (“FONAR”) in the manner as follows:
| Vessel’s Flag | Manner of Submitting the FONAR |
| UAE |
|
| Others |
|
Clients are advised that submission of the FONAR does not exempt the respective vessel from the requirement to carry Compliant Fuel. In this regard, vessels entering UAE territorial waters are recommended to obtain and carry Compliant Fuel at the earliest opportunity.
The Authority also “strongly recommends” that the Master of the vessel “prepares a Letter of Protest addressed to the local authorities in the port(s) where compliant fuel oil was not available”.
Retention of documents
The Circular also contains instructions on retention of documents, which is as follows:
| Document / Item | Retention Instructions |
| FONAR |
|
| Bunker Delivery Note |
|
| Representative Sample
(MARPOL |
|
Final Remarks
The issuance of the Circular follows the International Maritime Organisation’s implementation of the 0.50% global sulphur cap for marine fuels, and will assist vessel owners and charterers to better plan their voyages to the UAE, a maritime and bunkering hub in the Middle East.
Both Omar Omar and Gabriel Yuen are available should you have any query on fuel oil compliance and charterparty negotiations.
Key Contacts:
Omar Omar
Partner, Head of Transport & Insurance – UAE
o.omar@tamimi.com
Gabriel Yuen
Associate, Transport & Insurance
g.yuen@tamimi.com
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