A historic maritime milestone for the Dominican Republic and for our firm

After more than ten years of revisions, discussions, and technical work, on January 19th, 2023, the government of the Dominican Republic officially approved the Maritime Commercial Law (Law No. 5-23), a long-awaited modernization of the country’s maritime legal framework.

For E&M International Consulting, this moment represents far more than the approval of a law.

It marks the culmination of years of direct involvement, technical contribution, and institutional commitment to strengthening maritime legislation at a national level.

Our role in shaping the law

We are honored to have played a vital role in the preparation of this legislation, thanks in large part to our President, Lludelis Espinal (Judy).

On June 6th, 2013, Mrs. Espinal was formally appointed by the National Congress and the National Authority of Maritime Affairs (ANAMAR) to review a draft document originally prepared by experts appointed by the International Maritime Organization. That initial document had been designed as a model framework for Central American countries seeking to modernize their maritime legislation.

Mrs. Espinal did far more than review it. She revised, amended, and updated the document, transforming it into a comprehensive bill aligned with the most modern international maritime conventions while ensuring full compatibility with the Dominican legal system.

A Collective Effort

As the bill advanced through discussion and review at the National Congress, where both public and private sector stakeholders presented opinions and recommendations, members of our firm continued to contribute meaningfully to the process.

We especially recognize the work of Mr. Esteban Mejía, Attorney at Law, whose technical input strengthened key sections of the legislation.

Valuable contributions were also made in collaboration with the Tito Mella Foundation, under the presidency of Mr. Vinicio Mella, ensuring that the final law reflected both legal rigor and practical maritime realities.

What This Law Changes

Law No. 5-23 introduces a comprehensive modernization of Dominican maritime legislation. Among its most important aspects are the following:

1. Regulation, within Dominican territory, of the events and legal relations involving national and foreign vessels, including transportation and other maritime activities.

   
   

2. Creation of a Maritime Registry under the control of the Dominican Navy, designated as the Maritime Authority.

   
   

3. Modernization of maritime liens, mortgages, maritime credits, and privileged credits, including the creation of a new Registry of Admission and Registration of Naval Mortgages under the supervision of the Ministry of Industry, Commerce and MSMEs.

   
   

4. Updated rules on the arrest of ships and actions to protect maritime credits, aligned with international conventions.

   
   

5. A dedicated chapter regulating the parties involved in navigation, including shipowners, charterers, masters, and crew members, as well as their functions and faculties.

   
   

6. Regulation of auxiliary entities of navigation such as pilotage, towage, and ship agents.

   
   

7. Updated maritime contracts, including bareboat charter, time charter, voyage charter, transport of goods under bills of lading, passenger transport contracts, multimodal transport, towing contracts, and others.

   
   

8. Although the Dominican Republic is a signatory to the Hamburg Rules, the law modernizes the transport of goods by incorporating relevant aspects of the Rotterdam Rules, including the electronic bill of lading.

   
   

9. Introduction of a comprehensive maritime insurance framework, covering hull and machinery insurance, cargo insurance, freight insurance, and protection and indemnity (P&I) insurance.

   
   

10. Full regulation of vessel allision and collision, abandonment of vessels, shipwreck, assistance, and salvage.

    
    

11. Regulation of general average based on the principles of the York and Antwerp Rules.

    
    

12. Incorporation of exemptions and limitations of liability in accordance with international conventions, adapted to the Dominican legal system.

    
    

Looking Forward

This legislation replaces a maritime law that dated back more than two hundred years. Its approval represents a major institutional achievement for the Dominican Republic and a meaningful professional milestone for our firm.

We trust that its implementation will significantly improve the shipping industry of the Dominican Republic and strengthen its position within the international maritime community.

For E&M International Consulting, this milestone reflects our long-term commitment to legal excellence and to contributing lasting value to the development of modern maritime law.