Warrants of Arrest
Warrants of Arrest of Sea Vessels are issued in terms of the provisions of the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta) against any sea-going vessel having a length exceeding ten metres to secure debts or claims, whether in personam or in rem, which could be frustrated by the departure of the said vessel. However, they cannot be issued against any ship or vessel wholly chartered in the service of the Government of Malta or employed in any postal service either by the Government of Malta or by any other government; or against a ship of war. No other Warrant may be issued unless it is a Warrant of Arrest, and whether such vessel is at sea or at some other place. The debt or claim secured must be at least seven thousand Euro.
In terms of the Warrant of Arrest, the Authority shall refuse clearance to the vessel to leave Maltese territorial waters. Furthermore,the debtor cannot divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same. A copy of the Warrant is served on the person whose vessel is arrested, the master or other person in charge of such vessel, or the agent of the such vessel, and all the appropriate documentation and certification shall be seized from on board the vessel and deposited in Court.
The Warrant of Arrest is executed for all effects of the law when the notice thereof is served on the Authority. Additionally, the Authority has the obligation to take all necessary measures to display the Warrant for the general attention of third parties.