Административное постановление № (9) от 2025 года, регулирующее утверждение и раскрытие сборов за услуги морских контейнерных перевозок в Эмирате Дубай

المادة 1

The following words and expressions, wherever mentioned in this Resolution, have the meaning indicated opposite each of them unless the context implies otherwise: Emirate: The Emirate of Dubai. DMA: The Dubai Maritime Authority. Executive Director: The Executive Director of the DMA. Maritime Sector: This includes, but is not limited to, Ports, harbours, all types of public and private marinas, Dry Docks, Al Jaddaf, all types of islands, maritime logistics services and operations, Vessel building and maintenance facilities, maritime projects, and all establishments conducting Maritime Activities. Port: A natural or man-made Vessel anchorage and berthing facility where necessary services are provided to Vessels to prepare for or end their voyages. This includes the wharves, buildings, harbours, and structures located in, on, or adjacent to water, as well as the land required for the use of that facility. It also includes all commercial Ports and other Ports used for loading and unloading goods and transporting passengers in the Emirate, such as dry Ports, Port Facilities, and container Handling Terminals, as well as the services and operations related thereto. Ports include Port Rashid, Al Hamriya Port, and Jebel Ali Port. Port Facilities: The locations designated by the DMA for providing services related to Vessels, goods, and persons within Ports or on the navigational passages leading thereto. Operator: Any public or private entity contracted by the Dubai Ports Authority for the management and operation of Ports. Handling Terminal: An inland site in the Emirate, other than Ports, designated by the Government for the handling of commercial and industrial goods and containers, and for performing all Operations and related activities. Establishment: A company or any other body corporate licensed under the legislation in force in the Emirate to provide Maritime Container Services in the Emirate. Maritime Container Services: This includes, but is not limited to, the services provided in connection with containers, including the loading, unloading, weighing, handling, carriage, packing, storage, lashing, stowage, delivery, maintenance, and sealing of containers; and any other services related to the issuance of bills of lading, customs clearance, and the issuance of any other document connected with the delivery or exchange of containers. Fees: Any tariffs, charges, or other amounts collected by an Establishment for the provision of Maritime Container Services to its customers, excluding any tariffs, charges, or other amounts collected by a Government Entity pursuant to the legislation in force in the Emirate. Electronic System: A digital platform designated by the DMA for accessing the Maritime Container Services, approving the relevant Fees, and issuing Delivery Orders. Delivery Order: An electronic document issued by an Establishment based on which the Operator releases containers to the owner or the owner's legal representative at Ports or at any other location designated by the DMA.

المادة 2

The provisions of this Resolution apply to all Establishments providing Maritime Container Services within Ports and Port Facilities.

المادة 3

This Resolution aims to: 1. create an investment-friendly environment, grounded in the principle of fair competition, for stimulating the Maritime Sector in the Emirate; 2. curb the harmful practices that are detrimental to the Maritime Sector in the Emirate; and 3. establish an integrated system for charging and collecting Fees from the customers of Establishments, ensuring fairness and transparency.

المادة 4

No Establishment may collect Fees from its customers in return for providing Maritime Container Services without first having such Fees approved by the DMA and disclosed in accordance with the provisions of this Resolution.

المادة 5

Fees will be approved by the DMA subject to the following requirements and procedures: 1. An application for the approval of Fees must be submitted by an Establishment to the DMA through the Electronic System, using the form prescribed by the DMA for this purpose, and must be accompanied by the following supporting documents: a. a copy of the valid commercial licence of the Establishment; b. a detailed description of the Maritime Container Services to be provided by the Establishment; c. a list of the Fees to be approved by the DMA, specifying the reasons and justifications for charging each Fee; and d. any other details or documents required by the DMA. 2. The DMA will consider the Fee approval application in accordance with the relevant rules adopted by the DMA. 3. The DMA will issue a decision approving the Fees within thirty (30) days from the date on which the application is submitted, unless the DMA has valid justifications for extending this time frame. 4. The DMA's decision approving the Fees must specify the amount of each Fee to be collected from the Establishment's customers in return for each Maritime Container Service it is authorised to provide.

المادة 6

a. The DMA may reject an application for approval of the Fees, or for amending any of the existing Fees, in any of the following cases: 1. where the Establishment uses acronyms, codes, or service names for Maritime Container Services that are inconsistent with those submitted to the DMA; 2. where the Establishment breaches any of its obligations under this Resolution, including by charging Fees in excess of those approved by the DMA; 3. where the Establishment breaches the rules prescribed by the DMA for the provision of any of the Maritime Container Services; or 4. where the application lacks sufficient justifications for charging or increasing the Fees. b. The DMA must notify the Establishment of the decision rejecting its application within three (3) working days from the date of its issuance. c. An Establishment may reapply for the approval or amendment of Fees upon taking the corrective action in accordance with the conditions and requirements stipulated in Article (5) of this Resolution.

المادة 7

a. An Establishment must: 1. notify the DMA before providing Maritime Container Services to its customers or before amending any such services; 2. obtain the DMA's approval before charging or amending any Fees; 3. disclose the Fees approved by the DMA on the Electronic System and through the Establishment's digital channels; 4. provide its customers, upon their request, with the DMA's decision approving the Fees; 5. inform its customers of any amounts payable to third parties and of the grounds for such payments, including any government charges, if any, collected under the legislation in force in the Emirate in respect of any of the Maritime Container Services provided by the Establishment; 6. use only the acronyms, codes, or service names approved by the DMA for Maritime Container Services; 7. refrain from any act which may result in an increase in the Fees approved by the DMA; 8. not conclude any agreements, make any decisions, or engage in any negotiations intended to circumvent or alter the Fees approved by the DMA; 9. provide the DMA with the information and data it requires within the time frames it prescribes; 10. fully cooperate with the employees or authorised representatives of the DMA and ensure that their work is not obstructed; and 11. fulfil any other obligations prescribed under the relevant resolution issued by the Executive Director. b. An Establishment may, under the contracts it concludes with certain customers, grant them preferential rates or discounts on the Fees approved by the DMA.

المادة 8

a. An Operator will undertake collection of the container handling Fees and truck loading and unloading charges approved by the Dubai Ports Authority, and will issue invoices for such Fees and charges to its customers. b. The Fees and charges referred to in paragraph (a) of this Article will be paid to the Operator either directly or through the Electronic System. c. The provisions of paragraph (a) of this Article will not prejudice the Operator's right to recover from any Establishment or its customers any other Fees or tariffs, including the costs associated with containers abandoned within Ports, Port Facilities, or Handling Terminals.

المادة 9

a. An Operator may not carry out any maritime container delivery operations unless an Establishment or its customers have obtained a Delivery Order and settled the charges incurred in its issuance, in accordance with the relevant rules approved by the DMA. b. An Establishment must issue all invoices related to a Delivery Order and collect the payable amounts through the Electronic System. The Establishment may not charge its customers any additional Fees, tariffs, or amounts once the Delivery Order has been issued.

المادة 10

The DMA may use any data or information, relating to the implementation of the provisions of this Resolution, that is obtained from Establishments or their customers for research or statistical purposes, or for the preparation of studies and benchmarking, provided that the DMA takes all necessary measures to protect the trade secrets of such Establishments and to maintain the confidentiality of any data that is legally protected under the legislation in force in the Emirate.

المادة 11

An Establishment that violates the provisions of this Resolution will be subject to the administrative penalties prescribed by the relevant resolution issued by the Chairman of the Executive Council of the Emirate.

المادة 12

The Executive Director will issue the resolutions required for the implementation of the provisions of this Resolution.

المادة 13

Any provision in any other administrative resolution is hereby repealed to the extent that it conflicts with the provisions of this Resolution.

المادة 14

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.