Law on Coast Guard. Art 1 Purpose. The purpose of this law is to reestablish a Coast Guard for Somalia. Art 2 Definitions

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1 Law No------/2015 Law on Coast Guard Art 1 Purpose The purpose of this law is to reestablish a Coast Guard for Somalia. For the purpose of this Law:. means. Art 2 Definitions Art 3 Applicability of Somali law to vessels flying the Somali flag as well as any other foreign vessels that (criminal and civil). Art 4 Structure The coastguard shall have such stationeries and departments as are necessary to perform the functions set out in this law and any other function imposed by other laws. These departments shall, as a minimum, include departments which are necessary to conduct functions of administration, finance, training, logistics, communications and equipment maintenance. Art 5 The Budget of the Coast Guard 1. The Coast Guard has an autonomous operational budget subject to a specific line in the budget of the Ministry of Defense. 2. The budget should be adequate to provide for the functioning of the coastguard. 3. The financial regulation of CG will be administrated in accordance with the laws and regulations of the Commander Defense force. Draft version 1. Date 3 June Mogadishu 1

2 Art 6 Surveillance Tasks of the Coastguard CG is responsible for the surveillance of territorial waters, the E.E.Z including contiguous zone and continental shelf beyond the 200 nautical mile, in accordance with national laws (including those international laws which have been incorporated into Somali domestic law). Art 7 Functions of the Coastguard The coastguard performs the following core functions: a) representation of State sovereignty at sea; and b) surveillance and protection of the sea. c) assistance in the enforcement of fisheries law; d) protection of the marine environment and eco systems e) search and rescue at sea; f) prevention of crime and enforcement of criminal law at sea (including but not limited to piracy and armed robbery at sea). Art 8 Headquarter and Posts 1. The Coast Guard has it s headquarter in the capital city of Somalia, and will have posts of surveillance and other facilities in other coastal areas throughout the country. 2. The Coast Guard will have bases in the main coastal areas of Somalia. Art 9 Appointment and Dismissal of the Coastguard Commander 1. The Commander of the Coast Guard will be appointed and can be dismissed by the Minister of defense on the recommendation of the Commander of Somali National Army (SNA) 2. For the regional coastguard commanders appointment and dismissal the Commander of SNA will base his decision on the proposal of the Federal States authorities 3. The criteria of appointment and dismissal are set out by the military rules and regulations. Draft version 1. Date 3 June Mogadishu 2

3 Art 10 Duties of the Commander 1. The Commander is responsible for ensuring the effective overall management and operation of the coastguard in accordance with law. 2. The Commander organizes and manages all of the personnel and equipment and will apply the same laws, regulations and discipline measures, following the guidelines set for in this provisions and in the constitution for the welfare of the Army. 3. The Commander is responsible for ensuring the development and submission of a budget proposal and for ensuring that the draft budget is submitted to the concerned authorities. 4. The Commander is also entitled to manage all staffs on their promotion and pension procedures. 5. The coastguard may employ civilian experts for the purpose of carrying out its functions. Art 11 Deputy Commander 1. There shall be a deputy commander who will perform functions of the Commander in his or her absence or as delegated by the Commander. 2. The Deputy Commander of the Coast Guard will be appointed and can be dismissed by the Minister of defense on the recommendation of the Commander of Somali National Army (SNA) Art 12 Application of Military Rules and Regulations Military rules and regulations on recruitment discipline shall apply to all staff of the Coast Guard both military and civilian. Art 13 Facilities & Equipment of staff The staff member of the Coast Guard should be provided with the necessary facilities and equipment to ensure that they can perform their work, including barracks and family housing at the vicinity of main ports and other vital posts along the coastal area. Draft version 1. Date 3 June Mogadishu 3

4 Art 14 Recruitment The recruitment of the coastguard personnel will be subjected to the rules and regulations of the Somali Army Forces. Art 15 Power to issue regulations, standard directives and orders 1. The Ministry of Defense will issue rules and regulations for the organization, functions and performance of the various services of the coastguard. 2. The Commander of the Coast Guard is authorized to issue standard directives and orders relating to the operation and command of the Coast Guard. Art 16 Territorial Jurisdiction The territorial jurisdiction of the Coast Guard is the maritime area under the sovereignty and jurisdiction of the State of Somalia in accordance with the national laws. Art 17 Coast Guard Powers The Coast Guard has the authority and power in accordance with the applicable laws:- a) to arrest and detain suspects in accordance with Penal Code and Criminal Procedure Code b) collect evidence and take statements. c) seize objects and property related to maritime crime. d) stop and board suspect vessels and boats in accordance with national laws. Draft version 1. Date 3 June Mogadishu 4

5 Art 18 Collaboration In the performance of its functions the Somali Coast Guard will collaborate with all other competent institutions including law enforcement bodies and international bodies. Art 19 Abrogation Any law regulating the coastguard that is inconsistent with this law is abrogated. Art 20 Entry into force This Law comes into force once it has been signed by the President of the Federal Republic of Somalia and published in the Official Gazette. Draft version 1. Date 3 June Mogadishu 5

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