Federal Law on the Suppression of Unlawful Acts against the Safety of Fixed Platforms

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 46

 

 

 

 

 

 

 

 

 

 

 Federal Law on the Implementation of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

 


 

 

 

It is hereby provided as follows-

 

Short Title

 

1.        This Law may be cited as the Federal Law on the Implementation of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988.

 

Interpretation

 

2.(1)   In this Law, unless the context otherwise requires–

          

“Competent Authority” means any one of the competent authorities provided for in section 4;

 

“Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988;

 

“Court” means a court of competent jurisdiction;

 

“Cyprus” means the United Cyprus Republic;

 

“Cyprus port” means a harbour basin within Cyprus and includes its anchorages and roadsteads;

 

“Cyprus ship” has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales, and Mortgages);

 

“Department” means the Department having the responsibility for maritime affairs;

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

“Gazette” means the federal Official Gazette;

 

“Member” means the member of the Presidential Council heading the Department;

 

“Prescribed” means prescribed by a public instrument;

 

“Presidential Council” includes the Transitional Federal Government referred to in Article 41 of the Constitution of the United Cyprus Republic;

 

“Protocol” means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988;

 

“Public instrument” means regulations and orders published in the Gazette, and instructions, directions, notices, notifications and circulars made or issued under this Law.

 

(2)       Words and phrases used in this Law and not otherwise defined, have the meaning assigned to them by the Convention and the Protocol.

 

(3)       For the purposes of this Law, the English text of the Convention and of the Protocol prevails.

 

Scope of Application

 

3.(1)   This Law applies-

 

(a)         subject to the provisions of Articles 2 and 4 of the Convention, to offences set forth in Article 3 of the Convention when committed-

 

(i)            against or on board a ship flying the flag of Cyprus at the time the offence is committed;

(ii)          in the territory of Cyprus, including the territorial sea of Cyprus;

(iii)         by a Cypriot national;

 

(b)         subject to the provisions of Article 6(4) of the Convention, in the cases an alleged offender is present in the territory of Cyprus;

 

(c)         to offences set forth in Article 2 of the Protocol when committed-

 

(i)            against or on board a fixed platform while it is located on the continental shelf of Cyprus;

(ii)          by a Cypriot national;

 

(d)         subject to the provisions of Article 3(4) of the Protocol, in the cases an alleged offender is present in the territory of Cyprus.

 

Competent Authority

 

4.(1)   Subject to the provisions of sub-sections (1) and (2), the Competent Authority for the application of the provisions of this Law, the Convention and  the Protocol, shall be the Federal Attorney General.

 

(2)       The Competent Authority for matters relating to the extradition of aliens, under the relevant provisions of the Convention and of the Protocol shall be the Aliens Board as provided for in the Federal Law on Aliens and Immigration.

 

(3)       The Competent Authority for matters relating to the communication of information to the International Maritime Organisation in accordance with the provisions of the Convention and of the Protocol shall be the Directorate of Maritime Affairs.

 

(4)       Subject to the provisions of sub-sections (1) to (3), each one of the Competent Authorities referred to above shall have all the powers and competencies which by virtue of the provisions of the Convention and of the Protocol may or are required to be exercised by Cyprus as a State Party to the Convention or as a State Party to the Protocol.

 

Supervising Authority

 

5.        The Member shall be the supervising authority for matters under this Law for which the Directorate is designated as the Competent Authority.

 

Competent Court

 

6.(1)   For the offences specified in Article 3 of the Convention, the competent Court, in case the offence was committed whilst the ship was within any Cyprus port, is the competent Court of the respective constituent State, and in all other cases is the Supreme Court of Cyprus.

 

(2)       For the offences specified in Article 2 of the Protocol, the competent Court, in case the offence was committed whilst the fixed platform was within any Cyprus port, is the competent Court of the respective constituent State, and in all other cases is the Supreme Court of Cyprus.

 

Criminal Offences

 

7.(1)   A person who commits any one of the offences specified in Article 3(1) of the Convention and any one of the offences specified in Article 2(1) of the Protocol commits a felony and upon conviction shall be liable to life imprisonment.

 

(2)       A person who commits any one of the offences specified in Article 3(2) of the Convention and any one of the offences specified Article 2(2) of the Protocol, commits a felony and upon conviction shall be liable to imprisonment for a term of fifteen years, unless by virtue of any other Federal Law such a felony is liable to a heavier punishment, in which event that person upon conviction shall be punishable with that heavier punishment.

 

(3)       Any person who knowingly aids and/or assists in the commission of an offence under sub-sections (1) and (2) commits the same offence.

 

Regulations

 

12.      The Presidential Council may make Regulations for prescribing or regulating any matter, which, according to the provisions of this Law, the Convention and the Protocol, needs to, or may, be prescribed or regulated.