Weekly Spotlight: Draft Bahraini Maritime Law Under Consideration

Bahrain’s Parliament is considering a draft maritime law, which if approved, will increase penalties for various offences. At 392 articles it is the second longest law to be considered in the Kingdom’s legislative history. Parliament will debate and vote on the draft law within three months.

Among other things, the law states fines of between 1,000 and 10,000 Dinars or jail terms of up too six months will be imposed on those who operate without a license, handle cargo without authorisation or fall short of the safety standards. Ship owners, managers, captains or agents who evade fees or taxes or cheat officials will be jailed for up to six months and/or fined 10,000 Dinars. Vessel owners or operators who cause pollution will be fined between 5,000 and 50,000 Dinars and the ship will be temporarily seized. If they commit the same offence again, the fine will be doubled.

Those who dump oil and chemicals at sea will be jailed for up to five years in jail and fined between 15,000 and 150,000 Dinars. If they commit the same offence again, the fine will be doubled. Captains who don’t report pollution their ships cause will be fined between 1,000 and 3,000 Dinars and captains whose ships carry unauthorised nuclear waste will be fined between 50,000 and 100,000 Dinars.

Weekly Spotlight: Bahrain Bourse Launches Consultation on Proposed Administrative Fines Framework

Bahrain’s Bourse launched a public consultation on a proposed administrative fines framework. The consultation was launched on 24 November and ended on 5 December 2019. The proposed framework is being introduced in line with the Bourse’s Listing Rules which relate to their powers to impose administrative fines on issuers in the event of non-compliance with the Listing Rules and any other applicable rules, regulations and directives.

To ensure this power is used appropriately, the Bourse is proposing establishing a framework to impose administrative fines for non-compliance with the applicable rules, regulations and directives. The fines will vary depending on the impact and frequency of the violation. They will range between 500 and 10,000 Dinars for each violation and can be up to 100,000 Dinars for cross-listed companies exceeding 30% of an issuer’s share capital for each secondary market they are listed on. All cases will be assessed and reviewed by an Issuer Violation Committee which will be established by the Bourse.