The Ports Law and arresting a ship in Basrah
When a supplier, contractor or service provider has a claim against the owner of a ship lying in Basrah, the question arises whether the vessel can be kept in port until payment. The office of lawyer Ali Barakat in Baghdad, al-Yarmouk, explains the official Iraqi texts that answer it: the Civil Procedure Law, the Customs Law, the Ships Registration Law and the Ports Law.
The port framework
Ports Law No. 21 of 1995 applies, under article 2, to all civil ports and harbours, their approaches and inland waters. Article 3 has the Council of Ministers fix each port's land and sea limits. Under article 4 the General Company for Ports of Iraq manages and regulates ports, sets rules and issues the decisions needed for operation. Article 7 applies Transport Law No. 80 of 1983 to loading and unloading. Charges for port and harbour services are set with the minister's approval on the Director General's proposal under article 9.
This framework matters because port claims themselves — service charges or damage compensation — rest on it. Article 8(2) preserves the company's claim for damages arising from a breach, alongside the offender's right to challenge in court.
Customs departure controls
Article 50 of Customs Law No. 23 of 1984 bars any vessel, loaded or empty, from leaving Iraq without filing a manifest compliant with article 38 and obtaining departure clearance, save for exceptions the customs administration allows. This is a customs control, not a private creditor's remedy, but it explains why a ship faces a checkpoint before sailing.
Article 30 of Ships Registration Law No. 19 of 1942 allows the navigation authority to take hold of a non-compliant ship and detain it until properly registered. That is an administrative power tied to registration, not to commercial debts.
Precautionary attachment: the creditor's route
Under article 231 of Civil Procedure Law No. 83 of 1969, a creditor holding an official or ordinary document for a known, due and unconditional debt may ask the court for precautionary attachment of the debtor's movable and immovable assets sufficient to satisfy the debt. A ship is a movable asset of its owner. A request without such a document is possible where written acknowledgments satisfy the court. Article 232 extends the remedy to a person claiming a real right or possession over the disputed asset.
The court decides by the following day at the latest under article 233. Article 234 requires a petition and an official guarantee, cash security of ten percent of the claim or property worth that percentage, to cover harm if the request proves unfounded. If attachment precedes the lawsuit, article 237 requires the claim to be filed within eight days of notifying the debtor or third party, otherwise the attachment may be voided on request. Article 240 lets the affected party file a grievance within three days of notification. Civil time limits more generally are covered in time limits, appeals, warnings and limitation.
Limitation of liability and arbitration
By Law No. 24 of 2021 Iraq acceded to the 1976 Convention on Limitation of Liability for Maritime Claims as amended by the 1996 Protocol. This can affect how much may be recovered from a shipowner for certain claims, so it should be read before setting the attachment amount. If the shipping contract refers disputes to arbitration abroad, enforcement in Iraq runs through the New York Convention and Iraq's reservations.
Legal basis and sources
- Ports Law No. 21 of 1995, as amended
- Civil Procedure Law No. 83 of 1969, as amended, articles 231–240
- Customs Law No. 23 of 1984, as amended
- Ships Registration Law No. 19 of 1942, article 30
- Law No. 24 of 2021 on accession to the Convention on Limitation of Liability for Maritime Claims
Frequently asked questions
Which text does a ship attachment request rest on?
Precautionary attachment under articles 231 to 240 of the Civil Procedure Law, since a ship is a movable asset of its owner.
What security must the applicant give?
A guarantee or cash security of ten percent of the claim, or property of that value, under article 234.
What if no lawsuit follows the attachment?
It may be voided on request if the claim is not filed within eight days, under article 237.
Related topics and articles
- 01Challenging a customs decision at Basrah ports: bodies and time limitsChallenging customs decisions at Basrah: objection committee in 7 days, customs court in 15 days, special cassation committee in 30 days, and port penalties.
- 02Time-limits for appeals, warnings and the passage of time in IraqPeriods for objection, appeal, retrial, cassation and correction under Civil Procedure Law 83/1969, unlike a warning or a Civil Code time bar.
- 03Iraq’s reservations to the Convention on the Recognition and Enforcement of Foreign Arbitral AwardsIraq’s accession Law 14/2021 to the 1958 New York Convention: reservations on earlier awards, reciprocity, and contractual commercial relationships.
- 04Importing goods into Iraq and the customs declarationImporting into Iraq under Customs Law 23/1984: manifest, customs zone, detailed declaration, certified invoice and licensed clearing agent.
- 05Customs clearance disputes over value, specification and originWhen Iraqi customs raises declared value or disputes specification or origin: 24-hour corrections, inspection, analysis and the objection committee within seven days.