Peru - Arrest For Cargo Damage/Shortage

July 2003

A new Directoral Resolution* published in the official Peruvian Gazette "El Peruano" on 22 May 2003 gives back to local Harbour Masters and Coastguards (Navy officers) the power to temporarily arrest any vessel for any alleged cargo damage or shortage.

This prohibition to sail can be cancelled once a P&I Club, on behalf of owners, present the necessary documentation that serves as proof to reject the claim and after the port authority has received and accepted same as valid.

Using the regulation any receiver can request any Harbour Master to detain a ship for any alleged shortage. This position is considered a retrograde step and reflects a regime which existed in the past. It is also understood to be contrary to international regulations as well as several domestic Peruvian agreements and laws:

•  The Peruvian Law for the National Port System
•  The Peruvian Constitution
•  The Peruvian Law for the Department of State
•  The Peruvian Rules for the Law of the Coastguards
•  The Cartagena Agreement relating to Maritime Law

The Peruvian Maritime Association is campaigning against the new resolution to try to have it cancelled.

With thanks to La Hanseatica S.A. for supplying this information.

 

*0369-2003/DCG