Law No. 2022/017 of 27 December 2022 relating to the suppression of piracy, terrorism and offences against the safety of maritime navigation and platforms
Official PDF Document Download
Read full text
REPUBLIC OF CAMEROON PEACE - WORK - FATHERLAND
20221017 2 7 DEC 2022LAW N0 OF----------- -----------
RELATING TO THE SUPPRESSION OF PIRACY, TERRORISM AND
OFFENCES AGAINST THE SAFETY OF MARITIME NAVIGATION
AND PLATFORMS
The Parliament deliberated and adopted,
the President of the Republic hereby
enacts the law set out below:www.prc.cm
MARITIME NAVIGATION
AND PLATFORMS
The Parliament deliberated and adopted,
the President of the Republic hereby
enacts the law set out below:www.prc.cm
CHAPTER I
GENERAL PROVISIONS
SECTION 1: (1) This bill relates to the suppression of piracy, terrorism
and offences against the safety of maritime navigation and platforms. (2) It also aims to suppress unlawful acts at sea and on
waterways. SECTION 2: For the purposes of this law and subsequent instruments,
the following definitions shall apply:
(1) Ship: any type of sea-going vessel operating in a marine
environment, particularly hydrofoils, hovercraft, submersible craft and
floating craft. Fixed or floating platforms and floating river and lake
vessels or buoyant apparatuses shall be considered as ships when they
are used to commit any of the offences specified in this law;
(2) Piracy:
(a) Any illegal act of violence committed for private ends by the
crew or passengers of a private ship and directed:
- on the high seas against another ship, persons or property in a
place outside the jurisdiction of any State;
- against a ship, persons or property in a place outside the
jurisdiction of any State.
or property in a
place outside the jurisdiction of any State;
- against a ship, persons or property in a place outside the
jurisdiction of any State.
(b) any act of voluntary participation in the use of a pirate ship,
with full knowledge of the facts;
(c) any act of inciting or intentionally facilitating the commission of
the acts set out in Subsections (a) and (b) above;
(3) Platform: an artificial island, facility or structure permanently
attached to the seabed for exploration and/or exploitation of resources
or other economic purposes. CHAPTER II
OFFENCES AND PENALTIES
I- PIRACY
SECTION 3: (1) Whoever commits an act of piracy as defined in Section
2 above shall be punished with life imprisonment and/or with fine of
from CFAF 20 000 000 (twenty million) to 200 000 000 (two hundred
million). 2
PRESIDiNCE
PRESt
N,-AIRE
S TORY AFfAIRS , Sf.R'IICE
ERTIFIEE C !�Ewww.prc.cm
CFAF 20 000 000 (twenty million) to 200 000 000 (two hundred
million). 2
PRESIDiNCE
PRESt
N,-AIRE
S TORY AFfAIRS , Sf.R'IICE
ERTIFIEE C !�Ewww.prc.cm
(2) The prov1s1ons of Subsection (1) above shall apply to
any warship or any ship assigned to a public service whose mutinous
crew has surrendered.
(2) The prov1s1ons of Subsection (1) above shall apply to
any warship or any ship assigned to a public service whose mutinous
crew has surrendered.
II- OFFENCES AGAINST THE SAFETY OF MARITIME NAVIGATION
SECTION 4: (1) Whoever:
(a) seizes or exercises control over a ship by force or threat
thereof;
(b) performs an act of violence against a person on board a ship, if
that act is likely to endanger the safety of navigation or that
ship;
( c) destroys a ship or causes damage to a ship or to its cargo
which endangers or is likely to endanger the safety of
navigation or that ship;
{d) places or causes to be placed on a ship, by any means
whatsoever, a device or substance which is likely to destroy
that ship or its cargo which endangers or is likely to endanger
the safety of navigation or that ship;
{ e) destroys or damages maritime navigation facilities or services
or interferes with their operation, if any of such act is likely to
endanger the safety of navigation;
{f) communicates false information likely to endanger the safe
navigation of a ship;
{g) threatens or commits unlawful acts of interference against
passengers, crew, ground staff or the public;
(h) manufactures or transports unmarked explosives, excluding
military devices authorized under the Convention on the
Marking of Plastic Explosives for the Purpose of Detention;
(i) commits an act that infringes maritime navigation safety
regulations,
shall be punished with life imprisonment and/or with fine of from CFAF
20 000 000 (twenty million) to 200 000 000 (two hundred million).
regulations,
shall be punished with life imprisonment and/or with fine of from CFAF
20 000 000 (twenty million) to 200 000 000 (two hundred million).
(2) The provisions of this Section shall not apply to:
(a) warships;
{b) ships owned or operated by a State when used as naval
auxiliary for customs, police or search purposes;
( c) ships that have been withdrawn from na · r
decommissioned. PRes,oeNc
PRE
Allf E . _Al�l
3 �ft� JU10RV �FAIRS E�i.E
-.L- .. •11!! l'l:DTIS:IJ.I! Cwww.prc.cm
that have been withdrawn from na · r
decommissioned. PRes,oeNc
PRE
Allf E . _Al�l
3 �ft� JU10RV �FAIRS E�i.E
-.L- .. •11!! l'l:DTIS:IJ.I! Cwww.prc.cm
III- OFFENCES AGAINST THE SAFETY OF PLATFORMS
SECTION 5: (1) Whoever:
{a) by force or by threat of force seizes or exercises control over a
platform;
{b) destroys or causes damage to a platform where that damage is
likely to endanger the safety of the platform;
( c) commits an act of violence against a person on board a
platform, if that act is likely to endanger the safety of the
platform;
(d) places or causes to be placed on a platform, by any means
whatsoever, a device or substance which is likely to destroy or
to compromise the safety of that platform;
shall be punished with life imprisonment and/or with fine of from CFAF
20 000 000 (twenty million) to 200 000 000 (two hundred million). (2) The provisions of this section shall not apply to platforms
or facilities used exclusively for military, customs or police purposes.
red million). (2) The provisions of this section shall not apply to platforms
or facilities used exclusively for military, customs or police purposes.
IV- ACTS OF TERRORISM ON BOARD SHIPS AND PLATFORMS
SECTION 6: Whoever unlawfully and intentionally:
{a) uses on board, against or from a ship, weapons, explosives or
biological, chemical or nuclear substances to intimidate or coerce
the population or Governments;
(b) takes hostages for the purpose of intimidating or coercing the
population or Governments;
(c) carries on board a ship the same weapons or substances for the
same purpose of intimidation or coercion;
( d) uses a ship for the purpose of causing casualties or serious
damage;
( e) knowingly transports on board a ship biological, chemical or
nuclear weapons;
(f) knowingly transports on board a ship substances intended to be
used in the production of nuclear devices, without any agreement
or control by the International Atomic Energy Agency;
(g) knowingly transports on board a ship materials intended to be
significantly used in the production of biological, chemical or
nuclear weapons; 1i:p;"cR�es;'i17=:oEri:it��TAJ�nii91r5ii:77
PRE
ISLATIF NTAIRE
4 TATUTOAV AFFAIRS C X SERVICE
CERTIFIEf C IIMEwww.prc.cm
chemical or
nuclear weapons; 1i:p;"cR�es;'i17=:oEri:it��TAJ�nii91r5ii:77
PRE
ISLATIF NTAIRE
4 TATUTOAV AFFAIRS C X SERVICE
CERTIFIEf C IIMEwww.prc.cm
shall be punished with life imprisonment and/or with fine of from CFAF
20 000 000 (twenty million) to 200 000 000 (two hundred million). V- ILLEGAL TRANSPORTATION OF MINORS
SECTION 7: (1) Whoever:
(a) takes children below 18 (eighteen) years aboard a ship, either on
his account or in order to hand them over to a third party,
whether or not in return for payment, with the intent of exploiting
them;
(b) the captain or any other crew member who, with or without the
captain's knowledge, takes on board the children referred to in
Subsection 1 above, for the purposes of paedophilia, prostitution
or enlistment;
( c) knowingly takes on board or voluntarily participates in the
transportation of children below 18 ( eighteen) years;
shall be punished with imprisonment for 20 (twenty) years and/or with
fine of from CFAF 10 000 000 (ten million) to 100 000 000 (one hundred
million). (2) In the event of conviction for one of the offences
specified in Subsection 1 above, the competent court shall pronounce
the forfeitures provided for in Section 30 of the Penal Code.
one of the offences
specified in Subsection 1 above, the competent court shall pronounce
the forfeitures provided for in Section 30 of the Penal Code.
VI- POLLUTION OF WATER BODIES AND WATERWAYS
SECTION 8: (1) Whoever intentionally discharges noxious liquid
substances in categories A, B, C and D, as defined by the International
Convention for the Prevention of Pollution from Ships, into the sea and
waterways shall be punished with life imprisonment and/or with fine of
from CFAF 500 000 000 (five hundred million) to 2 500 000 000 (two
billion five hundred million). (2) The noxious liquid substances referred to in Subsection
1 above shall be those specified in Regulation 3 of Annex II to the
International Convention for the Prevention of Pollution from Ships. (3) The provisions of Subsection 1 above shall apply to
noxious substances transported in packages, containers, portabre tanks,
trucks, tank wagons or any other means. 5www.prc.cm
ion 1 above shall apply to
noxious substances transported in packages, containers, portabre tanks,
trucks, tank wagons or any other means. 5www.prc.cm
( 4) The fine provided for in Subsection 1 above shall be
doubled if the perpetrator continued to commit the offence despite being
warned by the competent authority. VII- UNAUTHORIZED BROADCASTS
SECTION 9: Whoever illegally transmits by radio, television or any other
means of broadcasting from a ship or a fixed or mobile facility on the
high seas, in violation of international regulations relating to the
distribution of frequencies, in order to undermine State security, shall be
punished with life imprisonment and/or with fine of from CFAF 200 000
000 (two hundred million) to. 500 000 000 (five hundred million). VIII- FINANCING
SECTION 10: Whoever, by any means whatsoever, finances or
participates in the financing of any of the offences specified in this law
shall face the same penalty applied to that offen . PRESIDE.Ne£. ELA "-EPusu ·
PREStO!MCY·OF THE R
SICAeTAlllAt RAI
CHAPTER III S&RYICED*MIE�·�•v_,flf ETREGt MENTAIRE
APPLICABLE PROCEDU�i.GlstATIVE .
. PRESIDE.Ne£. ELA "-EPusu ·
PREStO!MCY·OF THE R
SICAeTAlllAt RAI
CHAPTER III S&RYICED*MIE�·�•v_,flf ETREGt MENTAIRE
APPLICABLE PROCEDU�i.GlstATIVE .
UTORYAFFAIRSCAROIII XSERVIC£
-I; CE-RTIFIEE CO ORME
, �C 2-
ER
:=":TIFIEO TRUE OPY·--· •._________,____SECTION 11: (1) Without prejudice to the prerogatives granted by the
Criminal Procedure Code to judicial police officers with ge, eralI
jurisdiction, maritime affairs administrators, maritime navigation
inspectors, environment inspectors, customs officers and Navy J?fficers,
who have taken an oath shall have, at sea, the status of judicial police
officers with special jurisdiction, to establish the offences specified in this
law, to divert, board, seize and detain suspects until they dock. (2) Notwithstanding the provisions of Subsection 1 above,
third-category forces may, as a special measure, carry out judicial police
activities and under the same conditions when they intervene on water
bodies. (3) After intervening at sea the officers referred to in
Subsections 1 and 2 above shall refer the matter to judicial police
officers with general jurisdiction upon docking. (4) The reports prepared by the judicial police officers
referred to in Subsection 1 above shall be considered authoritative until
they are proven to be false.
eports prepared by the judicial police officers
referred to in Subsection 1 above shall be considered authoritative until
they are proven to be false.
Reports on offences committed on board
ships shall be submitted to the competent Maritime Authority which may
refer the matter to the competent State Prosecutor or State Counsel, or
forward the report to the flag State's Maritime Authority, as necessary. 6www.prc.cm
the matter to the competent State Prosecutor or State Counsel, or
forward the report to the flag State's Maritime Authority, as necessary. 6www.prc.cm
SECTION 12: Navy officers shall take the following oath before the
Military Tribunal:
"I, [full name], Judicial Police Officer, swear that I will discharge
my duties with dignity, loyalty, probity and humanity and that I
will comply with the laws and regulations of the Republic". SECTION 13: (1) The offences specified in this law shall fall within the
jurisdiction of the Military Tribunal. (2) Minors under the age of eighteen who commit, co
commit, or assist in the commission of the offences specified in this law
shall be subject to the jurisdiction of the Court of First Instance,
notwithstanding the material jurisdiction of the said Court. SECTION 14: The prosecution of the offences specified in this law, as
well as the sentences pronounced against the perpetrators shall be
indefeasible. SECTION 15: Whoever conspires with another to commit one or more of
the offences referred to in this law, and before any commencement of its
execution:
(a) informs the administrative, judicial or military authorities;
(b) helps to prevent the commission of the offence by any means;
( c) helps to identify the co-perpetrators or accomplices;
shall be exempt from prosecution.
ps to prevent the commission of the offence by any means;
( c) helps to identify the co-perpetrators or accomplices;
shall be exempt from prosecution.
SECTION 16: Whoever, as a perpetrator or accomplice to the offences
specified in Sections 3, 4, 5 and 6 of this law, helps to interrupt the
commission of the offence or prevent it from resulting in death, injury or
damage to property shall be punished with imprisonment for from 5
(five) to 15 (fifteen) years. CHAPTER IV
FINAL PROVISIONS
SECTION 17: (1) The provisions of the Penal Code, the Criminal
Procedure Code and the Code of Military Justice that are not contrary to
this law shall remain applicable.www.prc.cm
·!
-�
:/; ·.�,1
1;...J�
. � /}'lwww.prc.cmHave questions about this law?
Ask Ubutabera AI for instant, cited answers — free with an account. Save laws and download official PDFs too.
Create a free account