New Maritime regulations published

Shipping & Transport - Mexico
New maritime regulations published
Contributed by M & L Estudio Legal May 06 2015
On March 4 2015 new regulations under the Maritime Law 2006 were published.
The regulations are comprehensive, covering numerous aspects of maritime activity in respect of national and international matters, including:

• 􏰀  marine insurance (including protection and indemnity clubs);
  
• 􏰀  merchant marine;
  
• 􏰀  flagging requirements;
  
• 􏰀  the Maritime Public Registry;
  
• 􏰀  ship agents;
  
• 􏰀  merchant marine education;
  
• 􏰀  national and international navigation;
  
• 􏰀  marine inspections and surveys;
  
• 􏰀  classification societies;
  
• 􏰀  certifications;
  
• 􏰀  shipyards and naval construction;
  
• 􏰀  salvage;
  
• 􏰀  navigation safety;
  
• 􏰀  oil pollution;
  
• 􏰀  pilotage;
  
• 􏰀  towage; and
  
• 􏰀  nautical tourism.
  

Of special importance to the international maritime community is the possibility of foreign vessels undertaking cabotage trade in Mexico. In principle, cabotage activity is reserved for Mexican-flagged vessels; however, the Maritime Law 􏰁 and now the regulations 􏰁 have established certain conditions under which foreign-flagged vessels are allowed to carry out cabotage in Mexican waters, which is particularly relevant in connection with offshore and other services related to the oil industry in the Gulf of Mexico.
Only Mexican shipping companies with 51% Mexican investment capital are allowed to register Mexican-flagged vessels to undertake cabotage trade. The vessels must be owned by the shipping company or operated under a finance lease agreement.
In the absence of Mexican-flagged vessels, under Article 40 of the Maritime Law foreign shipowners are allowed to obtain a special temporary permit of cabotage for foreign-flagged vessels. This temporary permit will not be required for tourism services, maintenance and port construction and dragage. A permit will also not be required for vessels of extraordinary technical specifications (to be determined by a special committee).
A foreign shipowner wishing to apply for a special permit of cabotage navigation will need to file a petition before the Merchant Marine Direction, attaching the following documents:

• 􏰀  certification of its legal existence as shipowner at its place of business;
  
• 􏰀  safety certifications applicable to the vessel, insurance policies and third-party liability; and
  
• 􏰀  identification of crew members and operative personnel of the vessel.
  Temporary permits for cabotage navigation will be issued for three-month terms, with the possibility of an extension of up to two years, after which the vessel will need to be flagged under the Mexican flag.
  

Author
Juan Carlos Merodio Lopez
􏰂

For further information on this topic please contact Juan Carlos Merodio at M & L Estudio Legal by

telephone (+52 55 5207 1187) or email (j.merodio@ml-estudiolegal.com.mx). The M & L Estudio Legal website can be accessed at www.ml-estudiolegal.com.mx.
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