Key National Laws Setting Out the Powers of the Maritime Courts

In Senegal, there is no separate specialised maritime court as in some countries. Maritime disputes are dealt with by the ordinary courts, mainly civil, commercial or criminal courts, depending on the nature of the dispute. Their jurisdiction is determined by several laws and codes governing maritime navigation and legal proceedings.

The main source is Law No. 2002—22 of 16 August 2002 on the Merchant Shipping Code, which governs navigation, ships, maritime contracts and maritime offences.

Common Maritime Claims and Competent Courts

For commercial maritime disputes (eg, transport, charter contracts and commercial liability), the courts also apply the OHADA Uniform Acts, in particular:

• the Uniform Act on General Commercial Law; and
• the Uniform Act on Security Interests.

In Dakar, these disputes are often brought before the Dakar Commercial Court, due to the activity of the port. The Court deals with:

• maritime transport contracts;
• charter contracts;
• disputes between shipowners and shippers; and
• payment of freight.

The civil courts have jurisdiction over, in particular:

• damage caused by a ship;
• non-commercial contractual disputes; and
• maritime civil liability.

Labour courts hear disputes between seafarers and shipowners relating to maritime employment contracts. Jurisdiction lies with the labour court after an attempt at conciliation before the maritime authority.

Maritime offences (maritime pollution, illegal navigation and safety violations) are tried by the ordinary criminal courts.

Disputes relating to the maritime transport of goods are very common in the Port of Dakar.

Examples include:

• loss or damage to goods;
• delays in delivery;
• liability of the maritime carrier; and
• disputes over bills of lading.

Port State Control System

The port state control system in Senegal is primarily administered by the National Maritime Affairs Agency (ANAM), which regulates safety, security, and the prevention of marine pollution. It enforces international standards, including the International Ship and Port Facility Security (ISPS) Code and the International Convention for the Safety of Life at Sea (SOLAS), and monitors ships, particularly oil tankers, through inspections.

Port authorities from the Autonomous Port of Dakar also participate in the inspections.

Inspectors may verify ships’ compliance with applicable international conventions, including:

• SOLAS (safety at sea);
• the International Convention for the Prevention of Pollution from Ships (MARPOL) (pollution prevention); and
• the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) (training of seafarers)

In the event of serious non-compliance, the authorities may detain a ship, require repairs or order corrective measures.

ANAM’s Jurisdiction

ANAM operates under the technical supervision of the Minister responsible for the merchant marine. ANAM is responsible for conducting maritime investigations in the event of incidents or violations under the Merchant Marine Code, as well as for investigating, recording and processing such violations.

ANAM is responsible for investigating, recording and examining violations related to maritime navigation, marine pollution, the public maritime domain, maritime traffic and the administration of seafarers and vessels. This authority is also responsible for conducting investigations and is authorised to question the captain, crew members and witnesses. It also inspects vessels and the locations where incidents have occurred.

National Laws Governing Ship Registration

Ship registration in Senegal is primarily governed by Law No. 2002—22 of 16 August 2002, establishing the Merchant Marine Code, and its implementing decrees, as well as the Maritime Fisheries Code (Law No. 2015—18) and its implementing decrees.

Competent Government Authority

The government authority responsible for registration and licensing is the National Maritime Affairs Agency (ANAM), under the supervision of the ministry responsible for the merchant marine.

Requirements for the Ownership of Registered Vessels:

Only seagoing vessels that can provide proof of Senegalese nationality, or whose owners have submitted an uncontested application to that effect, may be registered in Senegal.

Registration of Foreign Vessels

Registration is available for both national and foreign vessels (particularly industrial fishing vessels). To obtain Senegalese nationality, any fishing vessel must meet the following conditions:

• be owned, at least 50%, by nationals or citizens of one of the member states of the Economic Community Of West African States (ECOWAS);
• or be wholly owned by a company having its registered office in Senegal and whose control, within the meaning of ordinary company law, is exercised by nationals or citizens of one of the member of states of ECOWAS; and
• have complied with the formalities for individualisation.

Furthermore, to obtain Senegalese nationality, seagoing vessels must:

• be owned, for at least 51% of their value, by nationals or citizens of one of the ECOWAS member states; or
• be owned by a company which:
1. has at least 51% of its share capital held by Senegalese nationals or nationals of one of the member states of ECOWAS;
2. has its registered office in Senegal;
3. has a Board of Directors or Supervisory Board whose chairperson and majority of members are Senegalese nationals or nationals of one of the member states of ECOWAS;
4. has a Chief Executive Officer or manager who is a Senegalese national or a national of one of the member states of ECOWAS.

A decree sets out the list of formalities to be completed and the list of supporting documents and evidence to be submitted in order to obtain the certificate or letter of Senegalese nationality.

Registration of a Vessel Under Construction

For ships under construction, insofar as the merchant shipping code provides that, where a ship under construction or a contract for the construction of a ship has been entered in the ship register, the ship shall be struck off the register if it is delivered by the shipyard to a party other than its original consignee. As it is generally possible to register ships under construction to secure ownership, often through a special register, it can be inferred that Senegalese law recognises the registration of ships under construction.

Temporary Registration

Provisional sénégalisation may only be granted for a period of six months and may be renewed once. Notwithstanding the foregoing, provisional sénégalisation registration may be granted to foreign merchant ships chartered on a bareboat basis by a shipowner whose registered office is located in Senegal, provided that the charter period does not exceed two years and that the charter party has been published in accordance with Senegalese law. Ships built or purchased outside the national territory shall, for their first voyage to Senegal, be provided with a provisional nationality certificate issued by the Maritime Authority, by Senegalese embassies or consulates in the countries where they are present, or by authorities acting on their behalf.

Dual Registration

Dual registration (or dual flag) of a vessel in Senegal is generally prohibited, as a vessel must be registered in a single state to fly its flag and comply with its laws.

Mortgage Registration Authority

The authority responsible for registering mortgages in Senegal is the Director of the Merchant Navy.

Documentation Requirements for Registering a Mortgage

To register a mortgage, one of the original copies of the mortgage deed must be submitted to the Maritime Authority. If the deed is a private deed, the original shall remain on file with the Authority; if it is a public deed, a certified copy shall be submitted. Two slips signed by the applicant must be attached, one of which may be affixed to the deed submitted.

The slips shall contain:

• the surnames, first names, addresses, and professions of the creditor and the debtor;
• the date and nature of the instrument;
• the amount of the debt stated in the instrument;
• the terms relating to interest and repayment;
• the name and description of the mortgaged vessel, together with the date of the certificate of nationality or declaration of construction; and
• the creditor's election of domicile at the place of residence of the head of the Merchant Navy services.

The Maritime Authority shall record the contents of the statements in its register and shall return to the applicant a copy of the title, if it is authentic, together with one of the slips bearing a certification that the entry has been made. Whenever entries are made or renewed, a copy of the slip signed by the applicant shall be sent to the Director of the Merchant Navy.

In the event of a change of domicile, transfer, subrogation, deregistration or seizure, an extract of the relevant requisitions or reports shall also be sent to the Director of the Merchant Navy. Copies or extracts accompanied by a certified copy of the nationality certificate shall be certified by the Maritime Authority, which shall add, as appropriate, information relating to registration numbers, changes of residence, subrogations and deletions. These documents shall be kept for ten years to enable the reconstruction of mortgage files in the event of the destruction of the maritime administration’s registers.

Accessibility of the Shipowners and Mortgages Registry

The mortgage is made public by its registration in a register maintained by the Maritime Authority of the district in which the vessel is registered or under construction. The registration is recorded in the vessel's register or registration record, as well as on the vessel's certificate of nationality.

Entries that have not been deleted are automatically carried over to their respective dates if the place of construction is different from the port of registration. The same applies in the event of a change of port of registration.

Consultation by Third Parties

Regarding access to the registry, any person who can demonstrate a legitimate interest may, in principle, consult the records. Interested third parties, such as creditors, financial institutions, potential buyers or their legal counsel, may therefore request to consult entries regarding the ship’s ownership and existing mortgages. Such consultation is generally made with the competent maritime authority or the agency responsible for the registry.

Key Terms and Operational Provisions of Typical Ship Loan Financing

In Senegal, there are no specific regulations setting out the standard contractual terms for ship financing. The applicable legal framework derives primarily from The Senegalese Merchant Shipping Code, which governs, in particular, the registration of ships, the regime for maritime mortgages and the procedures for the seizure or enforcement of security interests. These provisions allow creditors to take security over the vessel to guarantee the repayment of a loan taken out for its acquisition, construction or operation. Indeed, the Code provides that sales, purchases or constructions on credit may be subject to the creation of a mortgage under the conditions set out in Articles 162 to 182. Vessels not subject to registration are exempt from these formalities.

However, the operational terms of maritime financing contracts are not prescribed by law. They are primarily determined by the international contractual practice followed by banks and investors in the maritime sector.

Increase in Ship Leasing Transactions

Publicly available information does not clearly indicate a significant increase in ship leasing or charter transactions in Senegal.

Maritime financing remains relatively limited and relies primarily on traditional financing mechanisms.

Shift From Traditional Bank Loans to Private Equity, Alternative Lenders, or Chinese Leasing Companies

Similarly, there is no evidence of a shift from traditional bank financing to private equity, alternative lenders or Chinese leasing companies, unlike what can be observed in certain major international maritime markets.

Differences Between the Lessor/Lessee Relationship and the Lender/Borrower Relationship

Under Senegalese law, the lessor/lessee relationship and the lender/borrower relationship are legally distinct.

The lessor/lessee relationship arises from a lease or finance lease agreement, in which the lessor retains ownership of the asset (eg, a vessel) and grants the lessee the right to use it for a fixed term in exchange for rent. The lessee has only a right of use and enjoyment during the term of the agreement, while the lessor retains ownership of the asset.

The lender/borrower relationship, on the other hand, arises from a loan agreement whereby a financial institution provides funds that the borrower agrees to repay according to an agreed schedule, generally with interest. In this case, the borrower may own the financed vessel, but the lender often benefits from a security interest such as a maritime mortgage, in accordance with the Senegalese Merchant Marine Code.

Differences in the Treatment or Enforcement of Maritime Mortgages and Lease Default by Courts or Arbitral Tribunals

With regard to the enforcement of security interests, maritime mortgages may be enforced before the competent courts through the seizure and judicial sale of the vessel in the event of default. In contrast, in a lease agreement, the lessor may in principle repossess the vessel in the event of the non-payment of rent, since the lessor remains the owner. Arbitral awards or decisions rendered in this area are generally confidential and therefore rarely accessible to the public.

Sale and Leaseback Transactions

Finally, sale-and-leaseback transactions exist in Senegal’s economic practice, although they remain less common than in major international maritime hubs. Companies sometimes use them to free up cash flow by selling an asset to a financial institution and then leasing it back to continue operating it.

The provisions governing marine pollution are incorporated in the following legal instruments:

• the Merchant Marine Law No. 2002—22 dated 16 August 2002, under Articles 115, 576 et seq., and 664 et seq.;
• the Decree regulating the application of the Merchant Marine Law, notably Article R69 relating to the posting of a bond or financial guarantee;
• the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended by the 1992 Protocol (CLC Convention);
• the 1992 International Oil Pollution Compensation Fund Convention; and
• Article 66 et seq. of the 2001 Senegalese Environmental Law.

With respect to wreck removal, the key provisions are set out in Article 250 et seq. of the Merchant Marine Law No. 2002—22 dated 16 August 2002.

With respect to collision, the key provisions are laid out in the following legal instruments:

• article 195 et seq., as well as Article 664 et seq., of the Merchant Marine Law No. 2002—22 dated 16 August 2002;
• article 66 et seq. of the 2001 Environmental Law; and
• the International Regulations for Preventing Collisions at Sea (COLREGs).

Application of the 1996 Protocol Amending the 1976 Convention on Limitation of Liability for Maritime Claims

The available information does not confirm whether Senegal is a party to the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) or to the 1996 Protocol amending that Convention.

However, even in the absence of confirmation of formal ratification, we may consider that Senegalese law draws upon the international regime established by the LLMC to govern the limitation of liability in maritime matters.

Legislation Relating to the Issue of Limitation of Liability for Maritime Claims

However, the limitation of liability for maritime claims is addressed under domestic law, notably in the Senegalese Merchant Marine Code. Articles 112 to 120 of the Code govern the principle of limitation of liability for shipowners and other persons entitled to invoke it.

Furthermore, the Merchant Marine Code refers to the International Convention on the Limitation of Liability for Maritime Claims for the determination of claims eligible for limitation as well as for the applicable liability limits.

Senegal ratified the 1969 Vienna Convention on the Law of Treaties. This accession was authorised by Law No. 1983—29 of 28 January 1983, confirming the country’s commitment to comply with this international legal framework governing treaties between states.

When the total claims arising from the same event exceed the limits of liability established by Article 120, the total amount of compensation payable by the owners under the statutory limitation of liability shall be constituted, at the initiative and expense of the shipowner or any other person substituted for them, in a single limitation fund. The fund so constituted shall be used exclusively for the settlement of claims in respect of which limitation of liability may be invoked.

Once the fund has been constituted, no rights may be exercised in respect of the same claims on any other assets of the owner by the creditors to whom the fund is reserved, provided that the limitation fund is actually available for the benefit of the claimant.

The limitation fund shall consist of three parts allocated respectively to:

• the settlement of claims for the death of, or personal injury to, passengers;
• the settlement of claims for the death of, or personal injury to, persons other than passengers; and
• the settlement of other claims and major road traffic offences.

For each part of the fund, distribution shall be made among the creditors in proportion to the amount of their recognised claims. Where the amount of claims for the death of, or personal injury to, persons other than passengers exceeds the amount of liability limit established for such claims under this article, the excess shall be treated in the same way as claims other than those resulting from death or personal injury, as provided above.

Senegal has ratified the 2006 Maritime Labour Convention (MLC). The official ratification was registered on 19 September 2019 with the International Labour Organisation, making Senegal the 94th Member State to commit to these minimum standards of work and life for seafarers.

Senegal does not apply the Rotterdam Rules or the Hague-Visby Rules. However, Senegal has acceded to the United Nations Convention on the Carriage of Goods by Sea, adopted on 31 March 1978 (the Hamburg Rules), which governs the liability of maritime carriers for the loss of, damage to or delay in the delivery of goods. The Merchant Shipping Code also contains provisions governing maritime transport and bills of lading (Articles 444 et seq.).

Under the carrier and shipper liability regime, the applicable limitation period and jurisdictional rules are governed by the 1978 United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules).

Holder of a Right of Recourse Under a Bill of Lading

In Senegal, except in the case of carriage under a charter party, the carrier or its representative must, at the shipper’s request, issue a bill of lading to the shipper.

The carrier may assert claims against the shipper in the event of a false declaration regarding the cargo, such as when the shipper’s declaration concerning the goods proves to be false and results in a customs fine, a penalty or causes harm to the carrier.

Assignment of Title for Legal Action

Senegalese law also recognises the transfer of the bill of lading, particularly when it is issued to order or to bearer. In such cases, the person to whom the bill of lading is duly transferred becomes the holder of the rights attached to that document and may, in principle, bring an action against the carrier in the event of loss, damage or delay in the delivery of the goods.

Liability of Shipowners and the Limitation of Liability of Shipowners for Damage to Cargo

The maritime carrier is liable when the goods are lost, damaged or delivered late while in its custody.

Under the Hamburg Rules and the Merchant Marine Code, the carrier is presumed liable unless it proves that the loss or damage resulted from circumstances that it could not have avoided.

Liability may be limited to the maximum amounts provided for in the applicable convention and is generally calculated based on:

• the number of packages; or
• the weight of the goods.

The shipper is responsible for the accuracy of the information relating to the goods and entered on the bill of lading. Any inaccuracy on the shipper's part renders them liable to the carrier. Such liability may only be invoked by the carrier against the shipper.

Any letter or agreement by which the shipper undertakes to indemnify the carrier where the latter, or its representative, has agreed to issue a bill of lading without reservation shall be null and void as against third parties. However, the carrier may invoke such an agreement against the shipper. If the omitted reservation concerns a defect in the goods of which the carrier knew or ought to have known at the time of signing the bill of lading, the carrier may not invoke the defect to evade liability and shall not benefit from the limitation of liability provided for in Article 6 of the 1978 United Nations Convention on the Carriage of Goods by Sea.

The liability regime of the carrier and the shipper, the limitation period and the rules of jurisdiction are those governed by the 1978 United Nations Convention on the Carriage of Goods by Sea.

Difference Between Whether the Shipowner is the Actual Carrier or the Contractual Carrier

The Merchant Marine Code does not provide clarification on this point.

A distinction can be made between:

• the contractual carrier, who enters into the contract of carriage with the shipper; and
• the actual carrier, who physically carries out the transport.

In certain situations, both may be held liable towards the shipper or the consignee.

Claim Against The Shipper for Incorrect Cargo Declaration

The shipper is responsible for the accuracy of the information regarding the goods as stated on the bill of lading. A false declaration may result in:

• the shipper’s liability for damage caused to the vessel;
• the shipper's liability for damage caused to other cargoes; and
• the obligation to compensate the carrier for losses incurred.

Any inaccuracy on the shipper’s part renders the shipper liable to the carrier.

The carrier may only assert this liability against the shipper.

The carrier may also be authorised to unload or destroy certain dangerous goods if necessary to ensure the safety of the vessel.

Key or Most Recent Judgments

Senegalese case law in this area remains limited, but the courts generally apply the principles of contract law and international maritime law.

All actions against the shipper or consignee are time-barred after two years. As Senegal has acceded to the 1978 Hamburg Rules, claims arising out of the carriage of goods by sea are subject to a limitation period of two years from the date of delivery of the goods, in accordance with that Convention.

Senegal is a party to the 1952 Brussels Convention on Arrest of Seagoing Ships, the provisions of which have been transposed into the Senegalese Merchant Marine Code (Articles 183 and seq).

Recognised Maritime Liens

The following claims have priority over the vessel, the freight earned during the voyage in which the privileged claim arose and the accessories of the vessel and freight acquired since the beginning of the voyage:

• legal costs incurred in connection with the sale of the vessel and the distribution of the proceeds thereof;
• claims for wages and other sums due to the captain, officers and other crew members arising from their employment on board the vessel, including repatriation costs and social security contributions payable on their behalf;
• claims arising from death or bodily injury occurring on land or at sea and directly connected with the operation of the vessel;
• claims for assistance, salvage and the vessel’s contribution to general average;
• claims arising from port, canal and other waterway dues, as well as pilotage fees, other public taxes and duties of a similar nature, and storage and preservation costs incurred from the ship’s entry into the last port;
• claims arising from tort or quasi-tort for loss of or damage caused by the operation of the vessel, excluding the loss of or damage to cargo, containers and passengers' personal effects carried on board the vessel; and
• claims arising from contracts concluded or transactions carried out by the captain outside the home port, pursuant to his legal powers, for the actual needs of preserving the ship or continuing the voyage, regardless of whether the captain is also the owner of the ship and whether the claim is his own or that of suppliers, repairers, lenders or other contractors.

Distinction Between Maritime Liens and Claims

The two are different, but there is no difference between the arrest of a vessel for a maritime claim and a maritime lien. To obtain an arrest warrant in either case, the claimant must file a petition for arrest with the court, accompanied by all necessary supporting documents proving the claim.

Claims include the maritime claims listed in the 1952 Brussels Convention as well as in the Merchant Marine Code, including:

• B. Loss of life or personal injury caused by a ship or arising from the operation of a ship;
• C. Assistance and salvage;
• D. Contracts relating to the use or hire of a ship by a charter party or otherwise;
• E. Contracts relating to the carriage of goods by a ship under a charter party, bill of lading or otherwise;
• F. Loss or damage to goods and luggage carried by a ship;
• G. General average;
• H. Dry docking;
• I. Towing;
• J. Pilotage;
• K. Supplies, regardless of location, of goods or materials provided to a vessel for its operation or maintenance;
• L. Construction, repairs or outfitting of a vessel, or hold costs;
• M. Wages of the captain, officers or crew members;
• N. The captain’s disbursements and those made by shippers, charterers or agents on behalf of the vessel or its owner;
• O. Disputes concerning the ownership of a vessel;
• P. Disputes concerning the co-ownership of a vessel, its possession or operation, or rights to the proceeds of the operation of a co-owned vessel; and
• Q. Any maritime mortgage and any mortgage.

They also include any commercial claims relating to the vessel or its owner.

Liabilities Arising from Charter Party Agreements

Liabilities arising from a vessel’s charter party agreements may constitute grounds for a maritime claim. They may give rise to a maritime claim if they concern:

• the payment of freight;
• the loss or damage to cargo; and
• the use of the vessel in accordance with the terms of the contract.

If the vessel is under Senegalese jurisdiction, these claims may justify the arrest of the vessel.

Seizure Based on a Claim

There are two categories of claims that allow for an arrest warrant to be sought against a vessel.

• The first category consists of limited maritime claims listed in the 1952 Brussels Convention and in the Merchant Marine Code.
• The second category consists of any commercial claim related to the vessel or the vessel’s owner. Such an arrest would be based on general Senegalese commercial law.

Applicable Statutes of Limitations

Seizure may only be carried out 24 hours after a demand for payment has been served on the owner in person or at their residence, in the case of a general action brought against them. Where the claim constitutes a preferential claim under Article 153 of this Code, the demand may be served on the vessel's captain. The demand for payment becomes void if seizure is not effected within six days of service.

The statute of limitations for the action depends on the nature of the claim. However, under the Merchant Marine Code, it is generally around two years.

Term of Validity of the Maritime Lien

The liens provided for in Article 153 of the Merchant Marine Code expire after one year for all claims other than claims for supplies; for claims relating to supplies, the period is reduced to six months.

The periods provided for begin to run:

• for liens securing compensation for collisions and other accidents, and for bodily injury, on the day the damage is caused;
• for liens securing assistance and salvage remuneration, from the day the operations are completed;
• for liens securing claims for the general average of cargo or baggage, from the day the cargo or baggage is delivered, or from the date on which they should have been delivered; and
• for liens securing claims for repairs, supplies and other cases referred to in paragraph 7 of Article 153, from the day the claim arises.

In all other cases, the period shall run from the date the claim becomes due. However, claims by the captain, the crew and other persons in the service of the ship shall not be deemed due within the meaning of the preceding paragraph merely by reason of a request for advances or partial payments.

The liens shall be extinguished independently of the general means of extinguishing obligations:

• by the confiscation of the vessel ordered for violation of customs, police or safety laws; and
• by the judicial sale of the vessel, or, in the event of a voluntary sale or transfer of ownership, two months after publication of the deed of transfer.

Liability of Owners and Charterers

In the case of a voyage charter, the charterer is liable for the goods received on board by the master within the limits specified in the charter party. The charterer is released from this liability by establishing either that they have fulfilled their obligations as charterer, or that the damage is not due to a breach of their obligations, or that the damage is due to the nautical negligence of the captain or their agents. The charterer retains the nautical and commercial management of the chartered vessel.

For time charter, the charterer is liable for damage to the cargo if it is established that such damage resulted from a breach of his obligations. They are, however, liable for the nautical fault of the captain or their agents. The charterer retains nautical management of the chartered vessel. The charterer is liable for damage caused to the vessel as a result of its commercial operation.

In the case of a bareboat charter, the charterer incurs no personal liability.

Seizure of a Vessel Regardless of the Personal Liability of its Owners

A vessel may be subject to seizure regardless of the personal liability of its owners, unless it belongs to the military (see the ARA Libertardcase before the ITLOS).

Seizure of a Vessel by a Fuel Supplier

A fuel supplier (or bunker supplier) may seize a vessel in the event of unpaid invoices, as the supply of fuel gives rise to a claim arising from a contract or from transactions carried out by the captain outside the home port, pursuant to his legal powers, for the actual needs of preserving the vessel or continuing the voyage. This applies regardless of whether the captain is also the owner of the vessel, and regardless of whether the debt is owed to the captain or to suppliers, repairers, lenders or other contractors.

Difference Depending on Whether the Claimant is a Contractual Supplier or the Actual Supplier

The fuel supplier, whether physical or contractual, may attach the vessel in question by requesting a writ of attachment from the competent court to secure payment of the claim.

Difference Depending on Whether the Bunkers Were Supplied to a Chartered Ship, or Whether the Bunkers Were Ordered by the Charterer Rather than the Owner

The fact that the vessel is chartered or that the fuel (bunkers) is ordered by the charterer rather than by the owner may impact the maritime lien and the ability to seize the vessel, as the lien depends on the contractual relationship and the necessity of the fuel for the vessel.

Charterer as Having the Authority to Bind the Vessel by Ordering Necessary Supplies or by Any Other Means or Act

The terms, conditions and effects of a charterparty are determined by the parties to the contract and, failing such agreement, by the provisions of this title and the implementing regulations.

For the purposes of the Code, the seizure of a ship means the seizure of the ship by any creditor holding an enforceable title.

Formalities Prior to Seizure

Seizure may only take place 24 hours after an order to pay has been served on the owner personally or at their domicile, in the case of a general action to be brought against them. The order may be served on the master of the ship in the case of a preferential claim under Article 153 of the Code. The order to pay shall lapse if it is not followed by seizure within six days.

Seizure Report

The seizure shall be carried out by a bailiff. The report drawn up for the purpose shall state:

• the name, profession and address of the creditor on whose behalf they are acting;
• the enforceable title under which they are proceeding;
• the amount for which they are seeking payment;
• the date of the order to pay;
• the creditor’s election of domicile at the location of the court before which the sale is to be pursued and at the place where the ship is moored;
• the names of the owner and the captain; and
• the name, type, tonnage and nationality of the ship.

It shall list and describe the ship’s boats, canoes, rigging and equipment, provisions and holds. It appoints the master or consignee of the ship as custodian.

Notification of Seizure

The seizing party must, within three days, serve the owner with a copy of the seizure report and summon them to appear before the civil court at the place of seizure, where it will be declared that the seized items will be sold. If the owner is not domiciled within the jurisdiction of the court, the summonses and notifications shall be served on the captain of the seized ship or, in their absence, on the person representing the owner or the captain. The three-day period shall be extended by ten days if the addressee resides outside the territory of the State of Senegal. If the owner is established outside the territory of the State of Senegal and is not represented therein, the summonses and notifications shall be served in the manner prescribed for civil proceedings.

Transcription of the Seizure Report

If the ship flies the flag of Senegal, the seizure report shall be entered in the ship registration register and on the ship’s registration form. If the ship flies the flag of a foreign State, the seizure report shall be entered in a special file kept by the Maritime Authorities at the port of seizure. The report shall be entered in accordance with the conditions set out in the previous paragraph within fifteen days of the date on which it was drawn up.

Time Limit for Notification of Seizure

When the vessel flies the Senegalese flag, the maritime mortgage registrar shall issue a statement of mortgage registrations on the vessel. Within 15 days, notice of the seizure shall be given to the creditors registered at the addresses indicated in their registrations, together with the date of appearance before the court. The period shall be extended by 15 days if the place of seizure and the competent court are located outside Senegal. When the ship flies a foreign flag, notification of the seizure shall be made in the manner provided for in Article 189 of the Code relating to notifications and summonses.

Under no circumstances may the time limit for appearance exceed 30 days.

However, it may be extended to 60 days if the place of seizure is abroad.

It is possible to arrest bunkers and freight in Senegal.

There are two categories of claims that open up the possibility of applying for an order to seize a ship:

• The first category includes limited maritime claims listed in the 1952 Brussels Convention and in the Merchant Shipping Code.
• The second category includes any commercial claim relating to the shipowner’s ship.

In certain cases, it is possible to extend the seizure to a sister ship, provided that a direct economic or legal link to the ship that actually received the fuel can be demonstrated. Such proof is necessary to justify the seizure of another ship belonging to the same owner or economic group.

Provided that the legal and business relationship between the sister ship and/or the ship in associated ownership is established, the President of the commercial court generally grants the arrest order. This is consistent with Article 3 paragraph 2 of the 1952 Brussels Convention on Arrest of Ships to which Senegal is a Party.

There are any other alternatives if it comes to arrest a ship under Senegal Law. The proceedings are described in both The Merchant Marine Code as well as the Code of Civil Procedure (CCP). Only the President of the commercial court is competent to issue an arrest order. This operation is called “saisie conservatoire” as the arrestor would be required to transform the saisie conservatoire into a saisie execution. With the latter, the claimant would be able to sell the ship in order for the payment of his maritime claim.

When the claim is not disputed, the conditions of the release are negotiated between the claimant and vessel owner or manager through the posting of a security bond in the form of a bank guarantee or a P&I Club letter of guarantee. When the claim is disputed, a short notice and emergency proceedings will take place before the president of the court, who will either order the release of the vessel or set the conditions for its release (ie, the posting of a security bond (bank guarantee or P&I Club letter of guarantee)).

The Procedure for the Judicial Sale of Seized Vessels

The court sets the reserve price and the conditions of sale in its judgment. If no bids are made on the date set for the sale, the court shall determine, by judgment, the date on which the auction will take place, at a new reserve price lower than the original reserve price and determined by that judgment. The sale shall take place at a civil court auction 15 days after notice has been posted and published in a legal gazette, without prejudice to any other publications that may be authorised by the court. However, the court may order that the sale be conducted before another court, at the office of a notary public, by a maritime broker or at any other location in the port where the seized vessel is located.

In these various cases, the judgment shall determine the requirements for local publicity. In the event of a sale following seizure, notices shall be affixed to the main mast, or to the most visible part, of the seized vessel; to the main door of the court before which the proceedings are to take place; in the public square or on the quay of the port where the vessel is moored; at the Chamber of Commerce and at the Merchant Marine Department. The announcements and notices shall indicate:

• the names, profession and residence of the plaintiff;
• the titles under which they are acting;
• the amount owed to them;
• the election of domicile made by them in the place where the competent court sits and in the place where the vessel is located;
• the names, profession and domicile of the owner of the seized vessel;
• the name of the vessel and, if it is armed, the name of the captain;
• the vessel’s mode of propulsion, its gross and net tonnage and its engine power in the case of mechanical propulsion;
• its location;
• the reserve price and conditions of sale; and
• the date, place and time of the auction.

Private Sale of a Seized Vessel

For a private sale or auction between Senegalese nationals or nationals of one of the Economic Community Of West African States (ECOWAS) member states, either the purchaser or the seller shall compile a file containing:

• an application for authorisation to sell;
• a copy of the sales contract prior to registration or the draft contract; and
• proof of payment of the latest salaries and social security contributions owed by the seller.

For a private sale or auction to a foreigner by a Senegalese seller or a national of one of the ECOWAS member states, the file shall be compiled by the seller. It includes all the documents mentioned in the paragraph above, as well as a certificate from the Minister of Finance certifying that an application for an operating license has been filed with their office. This application is subject to approval by the Minister of Merchant Marine.

For a private sale or auction to a Senegalese national or a national of one of the ECOWAS member states by a foreign seller, the file shall be compiled by the purchaser. In addition to the documents mentioned previously, it shall include a certificate from the Minister of Finance certifying that an application for an import license has been filed with their department. This application is subject to approval by the Minister of Merchant Marine.

Responsible for the Maintenance of the Vessel From Its Arrest Until Its Sale by the Court

In the seizure order, the court indicates how the maritime property (whether the vessel or the cargo) is to be taken care of during the period of seizure. In general, the ship is placed in the custody of the port authority and the goods are unloaded and placed in a private warehouse. The costs associated with the security of the ship and cargo are borne by their respective owners.

Priority Ranking of Claims

The following claims have priority over the ship, the freight for the voyage during which the privileged claim arose and the accessories of the ship and freight acquired since the beginning of the voyage:

• legal costs incurred in order to achieve the sale of the ship and the distribution of its price;
• claims for wages and other sums due to the captain, officers and other crew members by virtue of their employment on board the ship, including repatriation costs and social security contributions payable on their behalf;
• claims for death or bodily injury occurring on land or water in direct connection with the operation of the ship;
• claims due for assistance, salvage and the ship’s contribution to general average;
• claims for port, canal and other waterway fees, as well as pilotage fees, other public taxes and duties of the same kind, and storage and preservation costs incurred since the ship entered the last port;
• claims arising from tort or quasi-tort due to loss or damage to property caused by the operation of the ship, other than that caused to cargo, containers and the personal effects of passengers carried on board the ship; and
• claims arising from contracts entered into or operations carried out by the captain outside the home port, by virtue of his legal powers, for the actual needs of the preservation of the ship or the continuation of the voyage, without distinguishing whether or not the captain is at the same time the owner of the ship and whether the claim is their own or that of suppliers, repairers, lenders or other contractors.

The Priority of the Mortgage and Its Position in Relation to Maritime Claims

In relation to the rank of the mortgage, maritime privileges enjoy absolute legal priority, even over mortgages. They arise directly from the law and do not require prior registration. If there are several mortgages on the same vessel or the same share of ownership of a vessel, the ranking of the mortgages among themselves is determined by the order of registration in the maritime registry. Mortgages registered on the same day compete with each other regardless of the difference in the time of registration.

Senegal does not have a mechanism equivalent to the US Chapter 11, but applies The Uniform Act on Collective Proceedings and Settlement of Liabilities (OHADA). Under this framework:

• when collective proceedings are initiated against a debtor, all individual proceedings are suspended; and
• the trustee (or judicial administrator) is responsible for managing the proceedings, whether they involve reorganisation or liquidation, and distributing claims in accordance with the legal order of priority.

Consequently, the maritime court cannot order the arrest or judicial sale of a vessel belonging to an owner involved in collective proceedings while those proceedings are ongoing. Any action to seize or sell the vessel is therefore subject to the decisions of the trustee, in order to comply with the freeze on individual proceedings imposed by the OHADA Act.

In principle, the courts recognise and indemnify wrongful arrest provided that sufficient evidence of abuse of rights has been shown. It is worth noting, however, that to prevent wrongful arrest, the president of the court generally rejects the request for arrest when she/he considers the evidence to be insufficient or the claim baseless.

International Conventions and National Laws Apply to the Resolution of Maritime Passenger Claims

Two provisions are applicable: Article 471 et seq of the Merchant Marine Code as well as the 1974 Athens Convention Relating to the Carriage of Passengers and Their Luggage By Sea. 

Time Limit for Filing such a Claim

Legal actions brought by passengers are time-barred after two years. The time limit for reporting loss or damages and the starting point of this limitation period are set in accordance with the provisions of Article 15 of The Athens Convention.

Limitations on Liability are Granted to Owners with Regard to Passenger Claims

The carrier ensures the safety and security of passengers and is responsible for the luggage and hand luggage of passengers’ vehicles.

The carrier must take out an insurance policy for passengers, ensure that the ship is seaworthy and maintain passenger safety. Passengers injured during the voyage or during embarkation or disembarkation operations, whether at the port of departure or destination or at a port of call, are entitled to compensation from the carrier if it is established that the carrier has failed to fulfil its obligations or if the carrier or its servants have committed a fault or negligence.

Personal injury occurring during the voyage or during embarkation or disembarkation operations, either at the port of departure or destination or at a port of call, shall give rise to compensation from the carrier if it is established that it has contravened the obligations prescribed in the previous article or that a fault or negligence has been committed by itself or one of its employees.

The carrier shall be liable for the death or injury of passengers caused by shipwreck, collision, stranding, explosion, fire, or any other major disaster, unless it proves that the accident was not attributable to its fault or negligence or that of its employees.

The carrier is liable for damage due to delay resulting from failure to comply with the provisions of Article 475 or from commercial fault on the part of its employees.

The carrier’s liability in the event of death or bodily injury to a passenger is limited to an amount fixed by the Convention on the Carriage of Passengers and Their Luggage By Sea adopted on 13 December 1974. A higher per capita liability limit may be set by decree. These limits do not apply in cases of wilful misconduct or gross negligence on the part of the carrier. Gross negligence is deliberate misconduct involving awareness of the likelihood of damage and reckless acceptance of it without valid reason.

Qualification of Claims for Compensation for Bodily Injury to a Passenger

Claims for compensation for bodily injury to a passenger are recognised as a maritime privilege because the regulations consider claims for death or bodily injury, occurring on land or water, directly related to the operation of the ship as privileges.

Senegalese courts generally recognise jurisdiction and applicable law clauses in bills of lading, but their application is not automatic. They often set them aside if the clause violates Senegalese public policy or the mandatory rules of jurisdiction under Senegalese maritime law.

Senegal has established an Arbitration and Mediation Center at the Dakar Chamber of Commerce, which has jurisdiction over all commercial matters, including maritime matters, and which recognises and enforces the legal and arbitration clauses of a charter party incorporated in the bill of lading.

Senegal is a Party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and ratified it in 1994. Senegal has not made any reservations to the general obligations of the Convention.

According to Senegalese private international law, Senegalese courts retain jurisdiction over the merits of the case concerning the vessel seized in Senegalese waters (lex loci), except in the case of an arbitration clause.

However, when a dispute covered by an arbitration agreement is brought before a court, the court must, if one of the parties so requests, declare itself incompetent (Article 13 of the Arbitration Uniform Act (AUA)).

The existence of an arbitration agreement does not prevent a court from ordering provisional protective measures at the request of a party and in recognised and justified cases of urgency, provided that such measures do not relate to the substance of the dispute for which only the arbitral tribunal has jurisdiction.

In the event of legal proceedings being brought despite the existence of an arbitration agreement, the court must continue to deal with the dispute. The opposing party must ask the competent local judge to stay the legal proceedings on the basis of the arbitration agreement. If that party participates in the legal proceedings by presenting a defense, it de facto waives its right.

There is an arbitral institution in Senegal within the Chamber of Commerce, Industry and Agriculture called the Centre for Arbitration, Mediation and Conciliation (CAMC).

In the event of legal proceedings being initiated despite the existence of an arbitration agreement, or if the court seised lacks jurisdiction, the opposing party must ask the competent local judge to suspend the legal proceedings on the basis of the arbitration agreement or lack of jurisdiction. If that party participates in the legal proceedings by presenting a defense, it de facto waives its right to arbitration.

Under Senegalese law, the objection of lack of jurisdiction must be raised in limine litis, before any discussion of the merits of the case.

According to the General Tax Code of 2024, an annual tax on profits corresponding to the rights of co-owners of ships whose names and addresses have not been disclosed to the authorities is levied for the benefit of the general state budget.

Under Senegalese law, force majeure is recognised when an unforeseeable, unavoidable and external event prevents the performance of a contractual obligation.

Failure to perform a maritime contract, such as late delivery, non-arrival of a chartered vessel or delay in loading or unloading operations, may be excused when it results from force majeure.

The Senegalese Merchant Marine Code does not provide an exhaustive list of events constituting force majeure.

In maritime contract law, the classification of force majeure also depends on the clauses provided for in the contract, particularly in charter parties or transport contracts. If the parties have provided for a force majeure or “frustration” clause, Senegalese courts tend to apply it in accordance with the agreement of the parties, unless it is contrary to public policy.

Application of IMO 2020

As Senegal is a party to MARPOL and its Annex VI, it is required to apply these rules to ships flying its flag and to foreign ships calling at its ports, particularly in the context of port state control.

The Limit on the Sulphur Content of Fuel Oil Used by Ships During These Stopovers in Senegalese Ports

In Senegal, the sulfur content limit for fuel oil used by ships is aligned with the international standards established by the International Maritime Organization (IMO) in the International Convention for the Prevention of Pollution From Ships (MARPOL). The sulfur content of fuel oil used by ships calling at Senegalese ports and in its territorial waters is limited to 0.50% m/m (mass by mass), in accordance with the “IMO 2020” rule of the MARPOL Convention, in force since 1 January 2020.

Actions Currently Underway

To our knowledge there are no enforcement measures in place in Senegal to enforce the sulfur content limit, nor have there been any procedures or sanctions for violations of the sulfur limit or related regulations.

Recognition and Enforcement of International Trade Sanctions in Domestic Law

In Senegal, international trade sanctions are not generally subject to detailed autonomous legislation, but are recognised and enforced mainly when they arise from international obligations. In particular, Senegal implements sanctions adopted by the United Nations Security Council, in accordance with its international commitments. These sanctions may include trade restrictions, asset freezes or prohibitions on transactions with certain designated individuals, companies or states. In practice, they are enforced in particular by the competent administrative authorities and by financial institutions subject to compliance and anti-money laundering rules.

Cooperation of the Judicial System in the Application of Any Trade Sanctions

The Senegalese judicial system may cooperate in the application of these sanctions, in particular by recognising asset freeze measures or ensuring the fulfilment of international obligations resulting from Security Council resolutions.

Sanctioned Entities and Legal Proceedings Initiated in Senegal

To date, public information on significant legal proceedings involving sanctioned Senegalese entities remains limited.

Impacts of Trade Sanctions on the War in Ukraine

The direct effects of the war in Ukraine on the sanctions regime in Senegal appear to be relatively indirect, as Senegal has not adopted a national regime of unilateral sanctions comparable to those put in place by certain Western jurisdictions. The impacts observed have been mainly economic, particularly in the areas of energy, maritime transport and agricultural supplies.

Mechanisms Authorising Commercial Activities Otherwise Prohibited by Sanctions

When a commercial activity is affected by international sanctions, there may be authorisation or exemption mechanisms provided for by the sanctions regimes themselves, for example in the form of licences or special authorisations granted for certain transactions (particularly for humanitarian reasons). In this context, the competent national authorities and financial institutions play a supervisory role to ensure that authorised transactions comply with applicable international obligations.

There have been impacts resulting from the war in Ukraine. The impacts observed have mainly been economic, particularly in the areas of energy, maritime transport and agricultural supplies. The war between Ukraine and Russia has led to an increase in food prices (explosion in wheat prices, rise in imports, etc), but also to an increase in the price of hydrocarbons and fertilisers (rise in oil prices making transport more expensive).

In Senegal, the legal framework for the maritime sector is currently undergoing change. The government has initiated a reform of The Senegalese Merchant Shipping Code in order to adapt national legislation to recent changes in maritime transport, international environmental requirements and new economic dynamics linked to the blue economy. The draft new code, structured in more than 800 Articles divided into 12 books, aims to modernise Senegalese maritime law and strengthen the consistency of the legal framework applicable to maritime activities.

This reform takes into account technological developments in navigation, the growth of international maritime trade and the increasing importance of offshore activities. It also responds to new economic challenges related to the exploitation of offshore energy resources, particularly since the launch of offshore oil and gas projects such as the Sangomar oil field and the Grand Tortue Ahmeyim gas project.

Among the main innovations envisaged are:

• the strengthening of rules relating to maritime safety and security;
• the management of wrecks and abandoned ships;
• the protection of the marine environment; and
• the improvement of the legal status of seafarers.

The reform bill also includes more detailed provisions on maritime rescue, liability for maritime activities and ship insurance rules, with a view to bringing Senegalese law more into line with international maritime transport standards.