The General Manager of the Somaliland Ports Authority, Mr Ali Dirie Ahmed, has announced that only the Republic of Somaliland has the legal and practical right to implement the Electronic Cargo Tracking Note (ECTN) system in its ports, and that any claim by Somalia to impose such a system is legally void.
In an official statement published today on the Somaliland Ports Authority’s Facebook page, the Authority declared:“Only the Somaliland Ports Authority can implement the ECTN system in the Republic of Somaliland. Somalia’s decisions have no authority here.”
The statement confirmed that the Authority is in the final stages of preparation and will launch its own independent ECTN system across all Somaliland ports in the very near future.
Explaining the legal basis for this position, the Ports Authority invoked the internationally recognised Port Jurisdiction Rule and key provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and the International Maritime Organization (IMO):
Ports are internal waters governed exclusively by the authority that exercises effective territorial sovereignty and administrative control (UNCLOS Article 2).
No state or entity may impose regulations on a port it does not control.
Under IMO Port State Control, vessels calling at any port must comply only with the regulations of the authority that actually administers that port, whether de facto or de jure.
The statement emphasised that port authority is territorially based and cannot be overridden by political claims lacking physical control.“
The Government of Somaliland is solely responsible for the administration of its ports and territorial waters,” the Authority concluded. “
The Somaliland Ports Authority is finalising its own independent ECTN system and, God willing, will soon implement it in its ports.”
Shipping agents, freight forwarders, and importers are advised that only the Somaliland-issued ECTN will be valid and enforceable at Berbera and all other ports of the Republic of Somaliland.
Somaliland’s Port Authority statement:
What is ECTN?
ECTN stands for Electronic Cargo Tracking Note — a digital document that registers every cargo on a ship heading to another country before the ship is allowed to berth at that country’s port. Its purpose is to control, monitor, and track cargo in order to reduce risks of corruption, delays, and disputes over goods.
Now the question is: Who — legally and in practice — has the authority to impose the ECTN system on the ports of Somaliland? And what do international laws say about this matter?
Port Jurisdiction Rule:
The International Principle That Determines Who Has Legal Authority Over Ports
In the world’s ports and international trade, there exists a very important legal principle known as the Port Jurisdiction Rule. This rule defines who has the legal authority, administration, and decision-making power over any port — whether it concerns security, customs, procedures, or any regulation applied to ships arriving or departing.This principle is central to how the world divides the administration of ports and how international ships comply with port regulations.
1. What is the Port Jurisdiction Rule?
The Port Jurisdiction Rule states that: Every port is legally governed and administered only by the authority that physically controls the land, security, and administration of that port — and that is the only entity that can make laws for it.
This is based on two fundamental principles of international law:
Territorial Sovereignty (UNCLOS Article 2)
Effective Administrative Control (International Maritime Practice)
These two principles establish that:The entity that politically and administratively controls the port is the Port State Authority.
No other country or organization can impose regulations on a port it does not control.
2. What Does This Mean in International Practice?
This principle means that the entity that controls the port both in practice (de facto) and legally sets:
Port tariffs
Customs rules
ECTN / cargo tracking requirements
ISPS security procedures
Shipping line requirements
It can never happen that a country or organization imposes laws on a port it does not control.
Therefore:
Port authority is territorially based, not based on political claims.
3. What Do International Maritime Laws Clarify?
UNCLOS clearly states:Ports are located in internal waters and are legally governed by the entity that controls that territory.
UNCLOS does not grant any other state or organization the power to administer a port it does not control.
The International Maritime Organization (IMO) operates on the principle of Port State Control, which means that ships entering any port must comply with the regulations of the state that actually controls the port (whether de facto or de jure).
This eliminates: Mere political claims Authority without legal control Attempts to interfere in ports one does not administer
4. Why This Principle MattersThe Port Jurisdiction Rule protects:
The smooth flow of maritime trade
Legal clarity in ports
Security and good governance
The confidence of international shipping companies
If countries or organizations illegally interfere in ports they do not control, it can lead to:
Commercial confusion
International disputes
Risks to maritime security (through which 90% of world trade passes)
Conclusion
In the end, the Government of Somaliland alone is responsible for the administration of its ports and its sea. No entity other than the Government of Somaliland can dictate or enforce any law or administrative system concerning the management of the ports and waters of the Republic of Somaliland.
The Somaliland Ports Authority is currently finalizing its own independent ECTN system and, God willing, will soon implement it in its ports.