civil liability convention

7/28/2019 Civil Liability Convention

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CLC and Fund Convention


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Contents

International Convention on Civil Liability or Oil Pollution Damage, done at Brussels, November 29, 1969 (CLC 69) .......................... 3Annex - Certicate o insurance or other nancial security in respect o civil liability or oil pollution damage .......................................8

Protocol to the International Convention on Civil Liability or Oil Pollution Damage, done at London, December 1992 (CLC 92) ....... 9Annex - Certicate o insurance or other nancial security in respect o civil liability or oil pollution damage .....................................15International Convention on the Establishment o an International Fund or Compensation or Oil Pollution Damage (Fund 1971) . 16International Maritime Organization Protocol o 1992 to amend the International Convention on the Establishment

o an International Fund or Compensation or Oil Pollution Damage, o 18th December 1971 (Fund 92) .......................................28Protocol o 2003 to the International Convention on the Establishment o an International Fund or

Compensation or Oil Pollution Damage, 1992 .......................................................................................................................................37Small tanker oil pollution indemnication agreement (STOPIA) ................................................................................................................. 45Arica - map ...................................................................................................................................................................................................... 49Arica - table ..................................................................................................................................................................................................... 50

North America - map ....................................................................................................................................................................................... 52North America - table ..................................................................................................................................................................................... 53South America - map ....................................................................................................................................................................................... 55South America - table ..................................................................................................................................................................................... 56Asia - map ........................................................................................................................................................................................................ 57Asia - table ....................................................................................................................................................................................................... 58Australia and Pacic - map.............................................................................................................................................................................. 60Australia and Pacic - table ............................................................................................................................................................................ 61Europe - map ................................................................................................................................................................................................... 62Europe - table .................................................................................................................................................................................................. 63


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International Convention on Civil Liability or Oil Pollution Damage,

done at Brussels, November 29, 1969 (CLC 69)The States Parties to the present Convention,

Conscious o the dangers o pollution posed by the worldwide maritime carriage o oil

in bulk,

Convinced o the need to ensure that adequate compensation is available to personswho suer damage caused by pollution resulting rom the escape or discharge o oilrom ships,

Desiring to adopt uniorm international rules and procedures or determining questionso liability and providing adequate compensation in such cases,Have agreed as ollows:

Article IFor the purposes o this Convention:1. Ship means any sea-going vessel and any seaborne cra t o any type whatsoever,actually carrying oil in bulk as cargo.2. Person means any individual or partnership or any public or private body, whethercorporate or not, including a State or any o its constituent subdivisions.3. Owner means the person or persons registered as the owner o the ship or, in theabsence o registration, the person or persons owning the ship. However in the case oa ship owned by a State and operated by a company which in that State is registered asthe ships operator, owner shall mean such company.4. State o the ships registry means in relation to registered ships the State oregistration o the ship, and in relation to unregistered ships the State whose fag theship is fying.5. Oil means any persistent oil such as crude oil, uel oil, heavy diesel oil, lubricatingoil and whale oil, whether carried on board a ship as cargo or in the bunkers o such aship.6. Pollution damage means loss or damage caused outside the ship carrying oil by

contamination resulting rom the escape or discharge o oil rom the ship, whereversuch escape or discharge may occur, and includes the costs o preventive measures andurther loss or damage caused by preventive measures.7. Preventive measures means any reasonable measures taken by any person ater anincident has occurred to prevent or minimise pollution damage.8. Incident means any occurrence, or series o occurrences having the same origin,which causes pollution damage.9. Organisation means the Inter-Governmental Maritime Consultative Organisation.

Article IIThis Convention shall apply exclusively to pollution damage caused on the territoryincluding the territorial sea o a Contracting State and to preventive measures taken to

prevent or minimise such damage.

Article III1. Except as provided in paragraphs 2 and 3 o this Article, the owner o a ship at thetime o an incident, or where the incident consists o a series o occurrences at the timeo the rst such occurrence, shall be liable or any pollution damage caused by oil whichhas escaped or been discharged rom the ship as a result o the incident.

2. No liability or pollution damage shall attach to the owner i he proves that thedamage:a) resulted rom an act o war, hostilities, civil war, insurrection or a natural phenomenono an exceptional, inevitable and irresistible character, orb) was wholly caused by an act or omission done with intent to cause damage by a thirdparty, orc) was wholly caused by the negligence or other wrongul act o any Government orother authority responsible or the maintenance o lights or other navigational aids inthe exercise o that unction.

3. I the owner proves that the pollution damage resulted wholly or partially either roman act or omission done with intent to cause damage by the person who suered thedamage or rom the negligence o that person, the owner may be exonerated wholly orpartially rom his liability to such person.

4. No claim or compensation or pollution damage shall be made against the ownerotherwise than in accordance with this Convention. No claim or pollution damageunder this Convention or otherwise may be made against the servants or agents o theowner.

5. Nothing in this Convention shall prejudice any right o recourse o the owner againstthird parties.

Article IVWhen oil has escaped or has been discharged rom two or more ships, and pollutiondamage results thererom, the owners o all the ships concerned, unless exoneratedunder Article III, shall be jointly and severally liable or all such damage which is notreasonably separable.


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Article V1. The owner o a ship shall be entitled to limit his liability under this Convention inrespect o any one incident to an aggregate amount o 2,000 rancs or each ton o

the ships tonnage. However, this aggregate amount shall not in any event exceed 210million rancs.

2. I the incident occurred as a result o the actual ault or privity o the owner, he shallnot be entitled to avail himsel o the limitation provided in paragraph 1 o this Article.

3. For the purpose o availing himsel o the benet o limitation provided orin paragraph 1 o this Article the owner shall constitute a und or the total sumrepresenting the limit o his liability with the Court or other competent authority oany one o the Contracting States in which action is brought under Article IX. The undcan be constituted either by depositing the sum or by producing a bank guarantee orother guarantee, acceptable under the legislation o the Contracting State where theund is constituted, and considered to be adequate by the Court or another competentauthority.

4. The und shall be distributed among the claimants in proportion to the amounts otheir established claims.

5. I beore the und is distributed the owner or any o his servants or agents orany person providing him insurance or other nancial security has as a result o theincident in question, paid compensation or pollution damage, such person shall, upto the amount he has paid, acquire by subrogation the rights which the person socompensated would have enjoyed under this Convention.

6. The right o subrogation provided or in paragraph 5 o this Article may also beexercised by a person other than those mentioned therein in respect o any amount ocompensation or pollution damage which he may have paid but only to the extent that

such subrogation is permitted under the applicable national law.

7. Where the owner or any other person establishes that he may be compelled to pay ata later date in whole or in part any such amount o compensation, with regard to whichsuch person would have enjoyed a right o subrogation under paragraphs 5 or 6 o thisArticle, had the compensation been paid beore the und was distributed, the Court orother competent authority o the State where the und has been constituted may orderthat a sucient sum shall be provisionally set aside to enable such person at such laterdate to enorce his claim against the und.

8. Claims in respect o expenses reasonably incurred or sacrices reasonably made bythe owner voluntarily to prevent or minimise pollution damage shall rank equally withother claims against the und.

9. The ranc mentioned in this Article shall be a unit consisting o sixty-ve and a halmilligrams o gold o millesimal neness nine hundred. The amount mentioned inparagraph 1 o this Article shall be converted into the national currency o the State inwhich the und is being constituted on the basis o the ocial value o that currency byreerence to the unit dened above on the date o the und.

10. For the purpose o this Article the ships tonnage shall be the net tonnage o theship with the addition o the amount deducted rom the gross tonnage on accounto engine room space or the purpose o ascertaining the net tonnage. In the caseo a ship which cannot be measured in accordance with the normal rules o tonnagemeasurement, the ships tonnage shall be deemed to be 40 per cent. o the weight intons (o 2240 lbs.) o oil which the ship is capable o carrying.

11. The insurer or other person providing nancial security shall be entitled to constitutea und in accordance with this Article on the same conditions and having the sameeect as i it were constituted by the owner. Such a und may be constituted even in theevent o the actual ault or privity o the owner but its constitution shall in that case notprejudice the rights o any claimant against the owner.

Article VI1. Where the owner, ater an incident, has constituted a und in accordance with Art icle

V, and is entitled to limit his liability,a) no person having a claim or pollution damage arising out o that incident shall beentitled to exercise any right against any other assets o the owner in respect o suchclaim;b) the Court or other competent authority o any Contracting State shall order the

release o any ship or other property belonging to the owner which has been arrestedin respect o a claim or pollution damage arising out o that incident, and shall similarlyrelease any bail or other security urnished to avoid such arrest.

2. The oregoing shall, however, only apply i the claimant has access to the Courtadministering the und and the und is actually available in respect o his claim.

Article VII1. The owner o a ship registered in a Contracting State and carrying more than 2,000tons o oil in bulk as cargo shall be required to maintain insurance or other nancial


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security, such as the guarantee o a bank or a certicate delivered by an internationalcompensation und, in the sums xed by applying the limits o liability prescribed inArticle V, paragraph 1 to cover his liability or pollution damage under this Convention.

2. A certicate attesting that insurance or other nancial security is in orce inaccordance with the provisions o this Convention shall be issued to each ship. It shallbe issued or certied by the appropriate authority o the State o the ships registry aterdetermining that the requirements o paragraph 1 o this Article have been compliedwith. This certicate shall be in the orm o the annexed model and shall contain theollowing particulars:a) name o ship and port o registration;b) name and principal place o business o owner;c) type o security;d) name and principal place o business o insurer or other person giving security and,where appropriate, place o business where the insurance or security is established;e) period o validity o certicate which shall not be longer than the period o validity othe insurance or other security.

3. The certicate shall be in the ocial language or languages o the issuing State. I thelanguage used is neither English nor French the text shall include a translation into oneo these languages.

4. The certicate shall be carried on board the ship and a copy shall be deposited withthe authorities who keep the record o the ships registry.

5. An insurance or other nancial security shall not satisy the requirements o thisArticle i it can cease, or reasons other than the expiry o the period o validity o theinsurance or security specied in the certicate under paragraph 2 o this Article, beorethree months have elapsed rom the date on which notice o its termination is given tothe authorities reerred to in paragraph 4 o this Art icle, unless the certicate has been

surrendered to these authorities or a new certicate has been issued within the saidperiod. The oregoing provisions shall similarly apply to any modication which resultsin the insurance or security no longer satisying the requirements o this Article.

6. The State o registry shall, subject to the provisions o this Article, determine theconditions o issue and validity o the certicate.

7. Certicates issued or certied under the authority o a Contracting State shall beaccepted by other Contracting States or the purposes o this Convention and shall beregarded by other Contracting States as having the same orce as certicates issued

or certied by them. A Contracting State may at any time request consultation withthe State o a ships registry should it believe that the insurer or guarantor named inthe certicate is not nancially capable o meeting the obligations imposed by this

Convention.

8. Any claim or compensation or pollution damage may be brought directly againstthe insurer or other person providing nancial security or the owners liability orpollution damage. In such case the deendant may, irrespective o the actual aultor privity o the owner, avail himsel o the limits o liability prescribed in Article V,paragraph 1. He may urther avail himsel o the deences (other than the bankruptcy orwinding up o the owner) which the owner himsel would have been entitled to invoke.Furthermore, the deendant may avail himsel o the deence that the pollution damageresulted rom the wilul misconduct o the owner himsel, but the deendant shall notavail himsel o any other deence which he might have been entitled to invoke inproceedings brought by the owner against him. The deendant shall in any event havethe right to require the owner to be joined in the proceedings.

9. Any sums provided by insurance or by other nancial security maintained inaccordance with paragraph 1 o this Article shall be available exclusively or thesatisaction o claims under this Convention.

10. A Contracting State shall not permit a ship under its fag to which this Article appliesto trade unless a certicate has been issued under paragraph 2 or 12 o this Article.

11. Subject to the provisions o this Article, each Contracting State shall ensure,under its national legislation, that insurance or other security to the extent speciedin paragraph 1 o this Article is in orce in respect o any ship, wherever registered,entering or leaving a port in its territory, or arriving at or leaving an o-shore terminal inits territorial sea, i the ship actually carries more than 2,000 tons o oil in bulk as cargo.

12. I insurance or other nancial security is not maintained in respect o a ship ownedby a Contracting State, the provisions o this Article relating thereto shall not beapplicable to such ship, but the ship shall carry a certicate issued by the appropriateauthorities o the State o the ships registry stating that the ship is owned by that Stateand that the ships liability is covered within the limits prescribed by Article V, paragraph1. Such a certicate shall ollow as closely as practicable the model prescribed byparagraph 2 o this Article.

Article VIIIRights o compensation under this Convention shall be extinguished unless an action


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is brought thereunder within three years rom the date when the damage occurred.However, in no case shall an action be brought ater six years rom the date othe incident which caused the damage. Where this incident consists o a series o

occurrences, the six years period shall run rom the date o the rst such occurrence.

Article IX1. Where an incident has caused pollution damage in the territory including theterritorial sea o one or more Contracting States, or preventive measures havebeen taken to prevent or minimise pollution damage in such territory including theterritorial sea, actions or compensation may only be brought in the Courts o any suchContracting State or States. Reasonable notice o any such action shall be given to thedeendant.

2. Each Contracting State shall ensure that its Courts possess the necessary jurisdictionto entertain such actions or compensation.

3. Ater the und has been constituted in accordance with Article V the Courts o theState in which the und is constituted shall be exclusively competent to determine allmatters relating to the apportionment and distribution o the und.

Article X1. Any judgment given by a Court with jurisdiction in accordance with Article IX whichis enorceable in the State o origin where it is no longer subject to ordinary orms oreview, shall be recognised in any Contracting State, except:a) where the judgment was obtained by raud; orb) where the deendant was not given reasonable notice and a air opportunity topresent his case.

2 A judgment recognised under paragraph 1 o this Article shall be enorceable in eachContracting State as soon as the ormalities required in that State have been complied

with. The ormalities shall not permit the merits o the case to be re-opened.

Article XI1. The provisions o this Convention shall not apply to warships or other ships owned oroperated by a State and used, or the time being, only on Government non-commercialservice.

2. With respect to ships owned by a Contracting State and used or commercialpurposes, each State shall be subject to suit in the jurisdictions set orth in Article IXand shall waive all deences based on its status as a sovereign State.

Article XIIThis Convention shall supersede any International Conventions in orce or open orsignature, ratication or accession at the date on which the Convention is opened or

signature, but only to the extent that such Conventions would be in confict with ithowever, nothing in this Article shall aect the obligations o Contracting States to non-Contracting States arising under such International Conventions.

Article XIII1. The present Convention shall remain open or signature until December 31, 1970 andshall thereater remain open or accession.

2. States Members o the United Nations or any o the Specialised Agencies or o theInternational Atomic Energy Agency or Parties to the Statute o the International Courto Justice may become Parties to this Convention by:a) signature without reservation as to ratication, acceptance or approval;b) signature subject to ratication, acceptance or approval ollowed by ratication,acceptance or approval; orc) accession.

Article XIV1. Ratication, acceptance, approval or accession shall be eected by the deposit o aormal instrument to that eect with the Secretary-General o the Organisation.

2. Any instrument o ratication, acceptance, approval or accession deposited ater theentry into orce o an amendment to the present Convention with respect to all existingContracting States, or ater the completion o all measures required or the entry intoorce o the amendment with respect to those Contracting States shall be deemed toapply to the Convention as modied by the amendment.

Article XV

1. The present Convention shall enter into orce on the ninetieth day ollowing thedate on which Governments o eight States including ve States each with not lessthan 1,000,000 gross tons o tanker tonnage have either signed it without reservationas to ratication, acceptance or approval or have deposited instruments o ratication,acceptance, approval or accession with the Secretary-General o the Organisation.

2. For each State which subsequently raties, accepts, approves or accedes to it thepresent Convention shall come into orce on the ninetieth day a ter deposit by suchState o the appropriate instrument.


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Article XVI1. The present Convention may be denounced by any Contracting State at any timeater the date on which the Convention comes into orce or that State.

2. Denunciation shall be eected by the deposit o an instrument with the Secretary-General o the Organisation.

3. A denunciation shall take eect one year, or such longer period as may be speciedin the instrument o denunciation, ater its deposit with the Secretary-General o theOrganisation.

Article XVII1. The United Nations, where it is the administering authority or a territory, or anyContracting State responsible or the international relations o a territory, shall as soonas possible consult with the appropriate authorities o such territory or take such othermeasures as may be appropriate, in order to extend the present Convention to thatterritory and may at any time by notication in writing to the Secretary-General o theOrganisation declare that the present Convention shall extend to such territory.

2. The present Convention shall, rom the date o receipt o the notication or rom suchother date as may be specied in the notication, extend to the territory named therein.

3. The United Nations, or any Contracting State which has made a declaration underparagraph 1 o this Article may at any time ater the date on which the Convention hasbeen so extended to any territory declare by notication in writing to the Secretary-General o the Organisation that the present Convention shall cease to extend to anysuch territory named in the notication.

4. The present Convention shall cease to extend to any territory mentioned in suchnotication one year, or such longer period as may be specied therein, ater the date

o receipt o the notication by the Secretary-General o the Organisation.

Article XVIII1. A Conerence or the purpose o revising or amending the present Convention maybe convened by the Organisation.

2. The Organisation shall convene a Conerence o the Contracting States or revisingor amending the present Convention at the request o not less than one-third o theContracting States.

Article XIX1. The present Convention shall be deposited with the Secretary-General o theOrganisation.

2. The Secretary-General o the Organisation shall:a) inorm all States which have signed or acceded to the Convention oi) each new signature or deposit o instrument together with the date thereo;ii) the deposit o any instrument o denunciation o this Convention together with thedate o the deposit;iii) the extension o the present Convention to any territory under paragraph 1 o ArticleXVII and o the termination o any such extension under the provisions o paragraph 4o that Article stating in each case the date on which the present Convention has beenor will cease to be so extended;

b) transmit certied true copies o the present Convention to all Signatory States and toall States which accede to the present Convention.

Article XXAs soon as the present Convention comes into orce, the text shall be transmitted bythe Secretary-General o the Organisation to the Secretariat o the United Nations orregistration and publication in accordance with Article 102 o the Charter o the UnitedNations.

Article XXIThe present Convention is established in a single copy in the English and Frenchlanguages, both texts being equally authentic. Ocial translations in the Russian andSpanish languages shall be prepared and deposited with the signed original.In witness whereo the undersigned being duly authorised by their respectiveGovernments or that purpose have signed the present Convention.

Done at Brussels this twenty-ninth day o November, 1969.


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Annex - Certifcate o insurance or other fnancial security inrespect o civil liability or oil pollution damage

Issued in accordance with the provisions o Article VII o the International Convention on Civil Liability or Oil Pollution Damage, 1969.

NAME OF SHIP DISTINCTIVE NUMBEROR LETTERS PORT OF REGISTRY NAME AND ADDRESS OF OWNER

This is to certiy that there is in orce in respect o the above-named ship a policy o insurance or other nancial security satisying therequirements o Article VII o the International Convention on Civil Liability or Oil Pollution Damage, 1969.

Type o SecurityDuration o SecurityName and Address o the Insurer(s) and/or Guarantor(s)

NameAddress

This certicate is valid until (Date)Issued or certied by the Government o (Full designation o the State)

At (Place)On (Date)

Signature and Title o issuing or certiying ocials.

Explanatory Notes:1 I desired, the designation o the State may include a reerence to the competent public authority o the country where the certicate is issued.2 I the total amount o security has been urnished by more than one source, the amount o each o them should be indicated.3 I security is urnished in several orms, these should be enumerated.4 The entry Duration o the Security must stipulate the date on which such security takes eect.


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Article 1The Convention which the provisions o this Protocol amend is the InternationalConvention on Civil Liability or Oil Pollution Damage, 1969, hereinater reerred to as

the 1969 Liability Convention. For States Parties to the Protocol o 1976 to the 1969Liability Convention, such reerence shall be deemed to include the 1969 LiabilityConvention as amended by that Protocol.

Article 2Article I o the 1969 Liability Convention is amended as ollows:1. Paragraph 1 is replaced by the ollowing text:1. Ship means any sea-going vessel and seaborne crat o any type whatsoeverconstructed or adapted or the carriage o oil in bulk as cargo, provided that a shipcapable o carrying oil and other cargoes shall be regarded as a ship only when it isactually carrying oil in bulk as cargo and during any voyage ollowing such carriageunless it is proved that it has no residues o such carriage o oil in bulk aboard.

2. Paragraph 5 is replaced by the ollowing text:5. Oil means any persistent hydrocarbon mineral oil such as crude oil, uel oil, heavydiesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkerso such a ship.

3. Paragraph 6 is replaced by the ollowing text:6. Pollution damage means:a) loss or damage caused outside the ship by contamination resulting rom the escapeor discharge o oil rom the ship, wherever such escape or discharge may occur,provided that compensation or impairment o the environment other than loss o protrom such impairment shall be limited to costs o reasonable measures o reinstatementactually undertaken or to be undertaken;b) the costs o preventive measures and urther loss or damage caused by preventivemeasures.

4. Paragraph 8 is replaced by the ollowing text:8. Incident means any occurrence, or series o occurrences having the same origin,which causes pollution damage or creates a grave and imminent threat o causing suchdamage.

5. Paragraph 9 is replaced by the ollowing text:9. Organisation means the International Maritime Organisation.

6. Ater paragraph 9 a new paragraph is inserted reading as ollows:10. 1969 Liability Convention means the International Convention on Civil Liabilityor Oil Pollution Damage, 1969. For States Parties to the Protocol o 1976 to that

Convention, the term shall be deemed to include the 1969 Liability Convention asamended by that Protocol.

Article 3Article II o the 1969 Liability Convention is replaced by the ollowing text:This Convention shall apply exclusively:a) to pollution damage caused:i) in the territory, including the territorial sea, o a Contracting State, andii) in the exclusive economic zone o a Contracting State, established in accordancewith international law, or, i a Contracting State has not established such a zone, in anarea beyond and adjacent to the territorial sea o that State determined by that State inaccordance with international law and extending not more than 200 nautical miles romthe baselines rom which the breadth o its territorial sea is measured;b) to preventive measures, wherever taken, to prevent or minimise such damage.

Article 4Article III o the 1969 Liability Convention is amended as ollows:1. Paragraph 1 is replaced by the ollowing text:1. Except as provided in paragraphs 2 and 3 o this Article, the owner o a ship at thetime o an incident, or, where the incident consists o a series o occurrences, at thetime o the rst such occurrence, shall be liable or any pollution damage caused by theship as a result o the incident.

2. Paragraph 4 is replaced by the ollowing text:4. No claim or compensation or pollution damage may be made against the ownerotherwise than in accordance with this Convention. Subject to paragraph 5. o thisArticle, no claim or compensation or pollution damage under this Convention or

otherwise may be made against:a) the servants or agents o the owner or the members o the crew;b) the pilot or any other person who, without being a member o the crew, perormsservices or the ship;c) any charterer (howsoever described, including a bareboat charterer), manager oroperator o the ship;d) any person perorming salvage operations with the consent o the owner or on theinstructions o a competent public authority;e) any person taking preventive measures;) all servants or agents o persons mentioned in subparagraphs (c), (d) and (e);

Protocol to the International Convention on Civil Liability or OilPollution Damage, done at London, December 1992 (CLC 92)


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Article 7Article VII o the 1969 Liability Convention is amended as ollows:1. The rst two sentences o paragraph 2 are replaced by the ollowing text:

A certicate attesting that insurance or other nancial security is in orce in accordancewith the provisions o this Convention shall be issued to each ship ater the appropriateauthority o a Contracting State has determined that the requirements o paragraph1 have been complied with. With respect to a ship registered in a Contracting Statesuch certicate shall be issued or certied by the appropriate authority o the State othe ships registry; with respect to a ship not registered in a Contracting State it may beissued or certied by the appropriate authority o any Contracting State.

2. Paragraph 4 is replaced by the ollowing text:4. The certicate shall be carried on board the ship and a copy shall be deposited withthe authorities who keep the record o the ships registry or, i the ship is not registeredin a Contracting State, with the authorities o the State issuing or certiying thecerticate.

3. The rst sentence o paragraph 7 is replaced by the ollowing text:Certicates issued or certied under the authority o a Contracting State in accordancewith paragraph 2 shall be accepted by other Contracting States or the purpose o thisConvention and shall be regarded by other Contracting States as having the same orceas certicates issued or certied by them even i issued or certied in respect o a shipnot registered in a Contracting State.

4. In the second sentence o paragraph 7 the words with the State o a ships registryare replaced by the words with the issuing or certiying State.

5. The second sentence o paragraph 8 is replaced by the ollowing text:In such case the deendant may, even i the owner is not entitled to limit his liabilityaccording to Article V, paragraph 2, avail himsel o the limits o liability prescribed in

Article V, paragraph 1.

Article 8Article IX o the 1969 Liability Convention is amended as ollows:Paragraph 1 is replaced by the ollowing text:1. Where an incident has caused pollution damage in the territory, including theterritorial sea or an area reerred to in Article II, o one or more Contracting States orpreventive measures have been taken to prevent or minimise pollution damage in suchterritory including the territorial sea or area, actions or compensation may only be

brought in the Courts o any such Contracting State or States. Reasonable notice o anysuch action shall be given to the deendant.

Article 9Ater Article XII o the 1969 Liability Convention two new Articles are inserted as ollows:

Article XII bisTransitional provisionsThe ollowing transitional provisions shall apply in the case o a State which at the timeo an incident is a Party both to this Convention and to the 1969 Liability Convention:a) where an incident has caused pollution damage within the scope o this Convention,liability under this Convention shall be deemed to be discharged i, and to the extentthat, it also arises under the 1969 Liability Convention;b) where an incident has caused pollution damage within the scope o this Convention,and the State is a Party both tothis Convention and to the International Convention onthe Establishment o an International Fund or Compensation or Oil Pollution Damage,1971, liability remaining to be discharged ater the application o subparagraph (a) othis Article shall arise under this Convention only to the extent that pollution damageremains uncompensated ater application o the said 1971 Convention;c) in the application o Article III, paragraph 4, o this Convention the expression thisConvention shall be interpreted as reerring to this Convention or the 1969 LiabilityConvention, as appropriate;d) in the application o Article V, paragraph 3, o this Convention the total sum o theund to be constituted shall be reduced by the amount by which liability has beendeemed to be discharged in accordance with subparagraph (a) o this Article.

Article XII terFinal clausesThe nal clauses o this Convention shall be Articles 12 to 18 o the Protocol o 1992to amend the 1969 Liability Convention. Reerences in this Convention to Contracting

States shall be taken to mean reerences to the Contracting State o that Protocol.

Article 10The model o a certicate annexed to the 1969 Liability Convention is replaced by themodel annexed to this Protocol.

Article 111 The 1969 Liability Convention and this Protocol shall, as between the Parties to thisProtocol, be read and interpreted together as one single instrument.


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2 Articles I to XII ter, including the model certicate, o the 1969 Liability Convention asamended by this Protocol shall be known as the International Liability Convention onCivil Liability or Oil Pollution Damage, 1992 (1992 Liability Convention).

Final ClausesArticle 12Signature, ratication, acceptance, approval and accession1. This Protocol shall be open or signature at London rom 15 January 1993 to 14January 1994 by all States.

2. Subject to paragraph 4, any State may become a Party to this Protocol by:a) signature subject to ratication, acceptance or approval ollowed by ratication,acceptance or approval; orb) accession.

3. Ratication, acceptance, approval or accession shall be eected by the deposit o aormal instrument to that eect with the Secretary-General o the Organisation.

4) Any Contracting State to the International Convention on the Establishment oan International Fund or Compensation or Oil Pollution Damage, 1971, hereinaterreerred to as the 1971 Fund Convention, may ratiy, accept, approve or accede tothis Protocol only i it raties, accepts, approves or accedes to the Protocol o 1992to amend that Convention at the same time, unless it denounces the 1971 FundConvention to take eect on the date when this Protocol enters into orce or that State.

5) A State which is a Party to this Protocol but not a Party to the 1969 LiabilityConvention shall be bound by the provisions o the 1969 Liability Convention asamended by this Protocol in relation to other States Parties hereto, but shall not bebound by the provisions o the 1969 Liability Convention in relation to States Partiesthereto.

6) Any instrument o ratication, acceptance, approval or accession deposited ater theentry into orce o an amendment to the 1969 Liability Convention as amended by thisProtocol shall be deemed to apply to the Convention so amended, as modied by suchamendment.

Article 13Entry into orce1) This Protocol shall enter into orce twelve months ollowing the date on which tenStates including our States each with not less than one million units o gross tanker

tonnage have deposited instruments o ratication, acceptance, approval or accessionwith the Secretary-General o the Organisation.

2) However, any Contracting State to the 1971 Fund Convention may, at the time odeposit o its instrument o ratication, acceptance, approval or accession in respectto this Protocol, declare that such instrument shall be deemed not to be eectiveor the purposes o this Article until the end o the six-month period in Article 31 othe Protocol o 1992 to amend the 1971 Fund Convention. A State which is not aContracting State to the 1971 Fund Convention but which deposits an instrument oratication, acceptance, approval or accession in respect o the Protocol o 1992 toamend the 1971 Fund Convention may also make a declaration in accordance with thisparagraph at the same time.

3. Any State which has made a declaration in accordance with the preceding paragraphmay withdraw it at any time by means o a notication addressed to the Secretary-General o the Organisation. Any such withdrawal shall take eect on the date thenotication is received, provided that such State shall be deemed to have deposited itsinstrument o ratication, acceptance, approval or accession in respect o this Protocolon that date.

4. For any State which raties, accepts, approves or accedes to it ater the conditionsin paragraph 1 or entry into orce have been met, this Protocol shall enter intoorce twelve months ollowing the date o deposit by such State o the appropriateinstrument.

Article 14Revision and amendment1. A Conerence or the purpose o revising or amending the 1992 Liability Conventionmay be convened by the Organisation.

2. The Organisation shall convene a Conerence o Contracting States or the purposeo revising or amending the 1992 Liability Convention at the request o not less thanone third o the Contracting States.

Article 15Amendments o limitation amounts1. Upon the request o at least one quarter o the Contracting States any proposal toamend the limits o liability laid down in Article V, paragraph 1, o the 1969 LiabilityConvention as amended by this Protocol shall be circulated by the Secretary-General toall Members o the Organisation and to all Contracting States.


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denunciation o the Protocol o 1992 to amend the 1971 Fund Convention takes eectaccording to Article 34 o that Protocol.

Article 17Depository1. This Protocol and any amendments accepted under Article 15 shall be deposited withthe Secretary-General o the Organisation.

2. The Secretary-General o the Organisation shall:a) inorm all States which have signed or acceded to this Protocol o:i) each new signature or deposit o an instrument together with the date thereo;ii) each declaration and notication under Article 13 and each declaration andcommunication under Article V, paragraph 9, o the 1992 Liability Convention;iii) the date o entry into orce o this Protocol;iv) any proposal to amend limits o liability which has been made in accordance withArticle 15, paragraph 1;v) any amendment which has been adopted in accordance with Article 15, paragraph 4;

vi) any amendment deemed to have been accepted under Article 15, paragraph 7,together with the date on which that amendment shall enter into orce in accordancewith paragraphs 8 and 9 o that Article;vii) the deposit o any instrument o denunciation o this Protocol together with the dateo the deposit and the date on which it takes eect;viii) any denunciation deemed to have been made under Article 16, paragraph 5;ix) any communication called or by any Article o this Protocol;

b. transmit certied true copies o this Protocol to all Signatory States and to all Stateswhich accede to this Protocol.

3. As soon as this Protocol enters into orce, the text shall be transmitted by theSecretary-General o the Organisation to the Secretariat o the United Nations orregistration and publication in accordance with Article 102 o the Charter o the UnitedNations.

Article 18LanguagesThis Protocol is established in a single original in the Arabic, Chinese, English, French,Russian and Spanish languages, each text being equally authentic.Done at London, this twenty-seventh day o November one thousand nine hundred andninety-two.In witness whereo the undersigned, being duly authorised by their respectiveGovernments or that purpose, have signed this Protocol.


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Annex - Certifcate o insurance or other fnancial security inrespect o civil liability or oil pollution damage

Issued in accordance with the provisions o Article VII o the International Convention on Civil Liability or Oil Pollution Damage, 1992.

NAME OF SHIP DISTINCTIVE NUMBEROR LETTERS PORT OF REGISTRY NAME AND ADDRESS OF OWNER

This is to certiy that there is in orce in respect o the above-named ship a policy o insurance or other nancial security satisying therequirements o Article VII o the International Convention on Civil Liability or Oil Pollution Damage, 1992.

Type o SecurityDuration o Security

Name and Address o the Insurer(s) and/or Guarantor(s)

NameAddress

This certicate is valid until (Date)Issued or certied by the Government o (Full designation o the State)

At (Place)On (Date)

Signature and Title o issuing or certiying ocials.

Explanatory Notes:1 I desired, the designation o the State may include a reerence to the competent public authority o the country where the certicate is issued.2 I the total amount o security has been urnished by more than one source, the amount o each o them should be indicated.3 I security is urnished in several orms, these should be enumerated.4 The entry Duration o Security must stipulate the date on which such security takes eect.


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THE STATES PARTIES TO THE PRESENT CONVENTION,

BEING PARTIES to the International Convention on Civil Liability or Oil Pollution

Damage, adopted at Brussels on 29 November 1969

CONSCIOUS o the dangers o pollution posed by the world-wide maritime carriage ooil in bulk,

CONVINCED o the need to ensure that adequate compensation is available topersons who suer damage caused by pollution resulting rom the escape or dischargeo oil rom ships,

CONSIDERING that the International Convention o 29 November 1969, on CivilLiability or Oil Pollution Damage, by providing a rgime or compensation or pollutiondamage in Contracting States and or the costs o measures, wherever taken, to preventor minimize such damage, represents a considerable progress towards the achievemento this aim,

CONSIDERING HOWEVER that this rgime does not aord ull compensation orvictims o oil pollution damage in all cases while it imposes an additional nancialburden on shipowners,

CONSIDERING FURTHER that the economic consequences o oil pollution damageresulting rom the escape or discharge o oil carried in bulk at sea by ships should notexclusively be borne by the shipping industry but should in part be borne by the oilcargo interests,

CONVINCED o the need to elaborate a compensation and indemnication systemsupplementary to the International Convention on Civil Liability or Oil PollutionDamage with a view to ensuring that ull compensation will be available to victims o oil

pollution incidents and that the shipowners are at the same time given relie in respecto the additional nancial burdens imposed on them by the said Convention,TAKING NOTE o the Resolution on the Establishment o an InternationalCompensation Fund or Oil Pollution Damage which was adopted on 29 November1969 by the International Legal Conerence on Marine Pollution Damage,

HAVE AGREED as ollows:

International Convention on the Establishment o an InternationalFund or Compensation or Oil Pollution Damage (Fund 1971)

General ProvisionsArticle 1For the purposes o this Convention -

1. Liability Convention means the International Convention on Civil Liability or OilPollution Damage, adopted at Brussels on 29 November 1969.

2. Ship, Person, Owner, Oil, Pollution Damage, Preventive Measures,Incident and Organization, have the same meaning as in Article I o the LiabilityConvention, provided however that, or the purposes o these terms, oil shall beconned to persistent hydrocarbon mineral oils.

3. Contributing Oil means crude oil and uel oil as dened in sub-paragraphs (a) and(b) below:(a) Crude Oil means any liquid hydrocarbon mixture occurring naturally in the earthwhether or not treated to render it suitable or transportation. It also includes crudeoils rom which certain distillate ractions have been removed (sometimes reerred to astopped crudes) or to which certain distillate ractions have been added (sometimes

reerred to as spiked or reconstituted crudes).(b) Fuel Oil means heavy distillates or residues rom crude oil or blends o suchmaterials intended or use as a uel or the production o heat or power o a qualityequivalent to the American Society or Testing and Materials Specication or NumberFour Fuel Oil (Designation D 396-69), or heavier.

4. Franc means the unit reerred to in Article V, paragraph 9 o the LiabilityConvention.

5. Ships tonnage has the same meaning as in Article V, paragraph 10, o the LiabilityConvention.6. Ton, in relation to oil, means a metric ton.

7. Guarantor means any person providing insurance or other nancial securityto cover an owners liability in pursuant o Article VII, paragraph 1, o the LiabilityConvention.

8. Terminal installation means any site or the storage o oil in bulk which is capableo receiving oil rom waterborne transportation, including any acility situated o-shoreand linked to such site.

9. Where an incident consists o a series o occurrences, it shall be treated as havingoccurred on the date o the rst such occurrence.


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Article 21. An International Fund or compensation or pollution damage, to be named TheInternational Oil Pollution Compensation Fund and hereinater reerred to as The

Fund, is hereby established with the ollowing aims:(a) to provide compensation or pollution damage to the extent that the protectionaorded by the Liability Convention is inadequate;(b) to give relie to shipowners in respect o the additional nancial burden imposed onthem by the Liability Convention, such relie being subject to conditions designed toensure compliance with saety at sea and other conventions;(c) to give eect to the related purposes set out in this Convention.

2. The Fund shall in each Contracting State be recognized as a legal person capableunder the laws o that State o assuming rights and obligations and o being a partyin legal proceedings beore the courts o that State. Each Contracting State shallrecognize the Director o the Fund (hereinater reerred to as The Director) as thelegal representative o the Fund.

Article 3This Convention shall apply:1. With regard to compensation according to Article 4, exclusively to pollution damagecaused on the territory including the territorial sea o a Contracting State, and topreventive measures taken to prevent or minimize such damage;

2. With regard to indemnication o shipowners and their guarantors according toArticle 5, exclusively in respect o pollution damage caused on the territory, includingthe territorial sea, o a State party to the Liability Convention by a ship registered in orfying the fag o a Contracting State and in respect o preventive measures taken toprevent or minimize such damage.

Compensation and indemnication

Article 41. For the purpose o ullling its unction under Article 2, paragraph 1(a), the Fund shallpay compensation to any person suering pollution damage i such person has beenunable to obtain ull and adequate compensation or the damage under the terms othe Liability Convention,(a) because no liability or the damage arises under the Liability Convention;(b) because the owner liable or the damage under the Liability Convention is nanciallyincapable o meeting his obligations in ull and any nancial security that may beprovided under Article VII o that Convention does not cover or is insucient to satisythe claims or compensation or the damage; an owner being treated as nancially

incapable o meeting his obligations and a nancial security being treated as insucienti the person suering the damage has been unable to obtain ull satisaction o theamount o compensation due under the Liability Convention ater having taken all

reasonable steps to pursue the legal remedies available to him;(c) because the damage exceeds the owners liability under the Liability Convention aslimited pursuant to Article V, paragraph 1, o that Convention or under the terms o anyother international Convention in orce or open or signature, ratication or accession atthe date o this Convention.Expenses reasonably incurred or sacrices reasonably made by the owner voluntarilyto prevent or minimize pollution damage shall be treated as pollution damage or thepurposes o this Article.

2. The Fund shall incur no obligation under the preceding paragraph i:(a) it proves that the pollution damage resulted rom an act o war, hostilities, civil war orinsurrection or was caused by oil which has escaped or been discharged rom a warshipor other ship owned or operated by a State and used, at the time o the incident, onlyon Government non-commercial service; or

(b) the claimant cannot prove that the damage resulted rom an incident involving oneor more ships.

3. I the Fund proves that the pollution damage resulted wholly or partially either roman act or omission done with intent to cause damage by the person who suered thedamage or rom the negligence o that person, the Fund may be exonerated whollyor partially rom its obligation to pay compensation to such person provided, however,that there shall be no such exoneration with regard to such preventive measures whichare compensated under paragraph 1. The Fund shall in any event be exonerated to theextent that the shipowner may have been exonerated under Article III, paragraph 3, othe Liability Convention.

4. (a) Except as otherwise provided in subparagraph (b) o this paragraph, the

aggregate amount o compensation payable by the Fund under this Article shall inrespect o any one incident be limited, so that the total sum o that amount and theamount o compensation actually paid under the Liability Convention or pollutiondamage caused in the territory o the Contracting States, including any sums in respecto which the Fund is under an obligation to indemniy the owner pursuant to Article 5,paragraph 1, o this Convention, shall not exceed 450 million rancs.(b) The aggregate amount o compensation payable by the Fund under this Article orpollution damage resulting rom a natural phenomenon o an exceptional, inevitableand irresistible character shall not exceed 450 million rancs.


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4. Upon the entry into orce o a new Convention designed to replace, in whole or inpart, any o the Instruments specied in paragraph 3, the Assembly may decide at leastsix months in advance a date on which the new Convention will replace such Instrument

or part thereo or the purpose o paragraph 3. However, any State Party to thisConvention may declare to the Director beore that date that it does not accept suchreplacement; in which case the decision o the Assembly shall have no eect in respecto a ship registered in, or fying the fag o, that State at the time o the incident. Sucha declaration may be withdrawn at any later date and shall in any event cease to haveeect when the State in question becomes a party to such new Convention.

5. A ship complying with the requirements in an amendment to an Instrument speciedin paragraph 3 or with requirements in a new Convention, where the amendmentor Convention is designed to replace in whole or in part such Instrument, shall beconsidered as complying with the requirements in the said Instrument or the purposeso paragraph 3.

6. Where the Fund, acting as a guarantor by virtue o paragraph 2, has paid

compensation or pollution damage in accordance with the Liability Convention, it shallhave a right o recovery rom the owner i and to the extent that the Fund would havebeen exonerated pursuant to paragraph 3 rom its obligations under paragraph 1 toindemniy the owner.

7. Expenses reasonably incurred and sacrices reasonably made by the ownervoluntarily to prevent or minimize pollution damage shall be treated as included in theowners liability or the purposes o this Article.

Article 61. Rights to compensation under Article 4 or indemnication under Article 5 shall beextinguished unless an action is brought thereunder or a notication has been madepursuant to Article 7, paragraph 6, within three years rom the date when the damageoccurred. However, in no case shall an action be brought ater six years rom the date othe incident which caused the damage.

2. Notwithstanding paragraph 1, the right o the owner or his guarantor to seekindemnication rom the Fund pursuant to Article 5, paragraph 1, shall in no case beextinguished beore the expiry o a period o six months as rom the date on which theowner or his guarantor acquired knowledge o the bringing o an action against himunder the Liability Convention.

Article 71. Subject to the subsequent provisions o this Article, any action against the Fund orcompensation under Article 4 or indemnication under Article 5 o this Convention shall

be brought only beore a court competent under Article IX o the Liability Conventionin respect o actions against the owner who is or who would, but or the provisionso Article III, paragraph 2, o that Convention, have been liable or pollution damagecaused by the relevant incident.

2. Each Contracting State shall ensure that its courts possess the necessary jurisdictionto entertain such actions against the Fund as are reerred to in paragraph 1.

3. Where an action or compensation or pollution damage has been brought beorea court competent under Article IX o the Liability Convention against the owner o aship or his guarantor, such court shall have exclusive jurisdictional competence overany action against the Fund or compensation or indemnication under the provisionso Article 4 or 5 o this Convention in respect o the same damage. However, wherean action or compensation or pollution damage under the Liability Convention has

been brought beore a court in a State Party to the Liability Convention but not to thisConvention, any action against the Fund under Article 4 or under Article 5, paragraph 1,o this Convention shall at the option o the claimant be brought either beore a courto the State where the Fund has its headquarters or beore any court o a State Party tothis Convention competent under Article IX o the Liability Convention.

4. Each Contracting State shall ensure that the Fund have the right to intervene as aparty to any legal proceedings instituted in accordance with Article IX o the LiabilityConvention beore a competent court o that State against the owner o a ship or hisguarantor.

5. Except as otherwise provided in paragraph 6, the Fund shall not be bound byany judgment or decision in proceedings to which it has not been a party or by anysettlement to which it is not a party.

6. Without prejudice to the provisions o paragraph 4, where an action under theLiability Convention or compensation or pollution damage has been brought againstan owner or his guarantor beore a competent court in a Contracting State, each partyto the proceedings shall be entitled under the national law o that State to notiy theFund o the proceedings. Where such notication has been made in accordance withthe ormalities required by the law o the court seized and in such time and in such amanner that the Fund has in act been in a position eectively to intervene as a party tothe proceedings, any judgment rendered by the court in such proceedings shall, ater it


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has become nal and enorceable in the State where the judgment was given, becomebinding upon the Fund in the sense that the acts and ndings in that judgmentmay not be disputed by the Fund even i the Fund has not actually intervened in the

proceedings.

Article 8Subject to any decision concerning the distribution reerred to in Article 4, paragraph5, any judgment given against the Fund by a court having jurisdiction in accordancewith Article 7, paragraphs 1 and 3, shall, when it has become enorceable in the State oorigin and is in that State no longer subject to ordinary orms o review, be recognizedand enorceable in each Contracting State on the same conditions as are prescribed inArticle X o the Liability Convention.

Article 91. Subject to the provisions o Article 5, the Fund shall, in respect o any amount ocompensation or pollution damage paid by the Fund in accordance with Article 4,paragraph 1, o this Convention, acquire by subrogation the rights that the person

so compensated may enjoy under the Liability Convention against the owner or hisguarantor.

2. Nothing in this Convention shall prejudice any right o recourse or subrogation othe Fund against persons other than those reerred to in the preceding paragraph.In any event the right o the Fund to subrogation against such person shall not beless avourable than that o an insurer o the person to whom compensation orindemnication has been paid.

3. Without prejudice to any other rights o subrogation or recourse against the Fundwhich may exist, a Contracting State or agency thereo which has paid compensationor pollution damage in accordance with provisions o national law shall acquire bysubrogation the rights which the person so compensated would have enjoyed underthis Convention.

ContributionsArticle 101. Contributions to the Fund shall be made in respect o each Contracting State by anyperson who, in the calendar year reerred to in Article 11, paragraph 1, as regards initialcontributions and in Article 12, paragraphs 2(a) or (b), as regards annual contributions,has received in total quantities exceeding 150,000 tons:(a) in the ports or terminal installations in the territory o that State contributing oilcarried by sea to such ports or terminal installations; and

(b) in any installations situated in the territory o that Contracting State contributingoil which has been carried by sea and discharged in a port or terminal installation o anon-Contracting State, provided that contributing oil shall only be taken into account

by virtue o this sub-paragraph on rst receipt in a Contracting State ater its dischargein that non-Contracting State.

2. (a) For the purposes o paragraph 1, where the quantity o contributing oil received inthe territory o a Contracting State by any person in a calendar year when aggregatedwith the quantity o contributing oil received in the same Contracting State in thatyear by any associated person or persons exceeds 150,000 tons, such person shall paycontributions in respect o the actual quantity received by him notwithstanding that thatquantity did not exceed 150,000 tons.(b) Associated person means any subsidiary or commonly controlled entity. Thequestion whether a person comes within this denition shall be determined by thenational law o the State concerned.Article 111. In respect o each Contracting State initial contributions shall be made o an amount

which shall or each person reerred to in Article 10 be calculated on the basis o a xedsum or each ton o contributing oil received by him during the calendar year precedingthat in which this Convention entered into orce or that State.

2. The sum reerred to in paragraph 1 shall be determined by the Assembly within twomonths ater the entry into orce o this Convention. In perorming this unction theAssembly shall, to the extent possible, x the sum in such a way that the total amount oinitial contributions would, i contributions were to be made in respect o 90 per cent othe quantities o contributing oil carried by sea in the world, equal 75 million rancs.

3. The initial contributions shall in respect o each Contracting State be paid withinthree months ollowing the date at which the Convention entered into orce or thatState.

Article 121. With a view to assessing or each person reerred to in Article 10 the amount oannual contributions due, i any, and taking account o the necessity to maintainsucient liquid unds, the Assembly shall or each calendar year make an estimate inthe orm o a budget o:

(i) Expenditure(a) costs and expenses o the administration o the Fund in the relevant year and anydecit rom operations in preceding years;


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(b) payments to be made by the Fund in the relevant year or the satisaction o claimsagainst the Fund due under Article 4 or 5, including repayment on loans previouslytaken by the Fund or the satisaction o such claims, to the extent that the aggregate

amount o such claims in respect o any one incident does not exceed 15 million rancs;(c) payments to be made by the Fund in the relevant year or the satisaction o claimsagainst the Fund due under Article 4 or 5, including repayments on loans previouslytaken by the Fund or the satisaction o such claims, to the extent that the aggregateamount o such claims in respect o any one incident is in excess o 15 million rancs;(ii) Income(a) surplus unds rom operations in preceding years, including any interest;(b) initial contributions to be paid in the course o the year;(c) annual contributions, i required to balance the budget;(d) any other income.

2. For each person reerred to in Article 10 the amount o his annual contribution shallbe determined by the Assembly and shall be calculated in respect o each ContractingState:

(a) in so ar as the contribution is or the satisaction o payments reerred to inparagraph 1(i)(a) and (b) on the basis o a xed sum or each ton o contributing oilreceived in the relevant State by such persons during the preceding calendar year; and(b) in so ar as the contribution is or the satisaction o payments reerred to inparagraph 1(i)(c) o this Article on the basis o a xed sum or each ton o contributingoil received by such person during the calendar year preceding that in which theincident in question occurred, provided that State was a party to this Convention at thedate o the incident.

3. The sums reerred to in paragraph 2 above shall be arrived at by dividing the relevanttotal amount o contributions required by the total amount o contributing oil receivedin all Contracting States in the relevant year.

4. The Assembly shall decide the portion o the annual contribution which shall beimmediately paid in cash and decide on the date o payment. The remaining part oeach annual contribution shall be paid upon notication by the Director.

5. The Director may, in cases and in accordance with conditions to be laid down in theInternal Regulations o the Fund, require a contributor to provide nancial security orthe sums due rom him.

6. Any demand or payments made under paragraph 4 shall be called rateably rom allindividual contributors.

Article 131. The amount o any contribution due under Article 12 and which is in arrear shall bearinterest at a rate which shall be determined by the Assembly or each calendar year

provided that dierent rates may be xed or dierent circumstances.

2. Each Contracting State shall ensure that any obligation to contribute to the Fundarising under this Convention in respect o oil received within the territory o that Stateis ullled and shall take any appropriate measures under its law, including the imposingo such sanctions as it may deem necessary, with a view to the eective execution o anysuch obligation; provided, however, that such measures shall only be directed againstthose persons who are under an obligation to contribute to the Fund.

3. Where a person who is liable in accordance with the provisions o Articles 10 and 11to make contributions to the Fund does not ull his obligations in respect o any suchcontribution or any part thereo and is in arrear or a period exceeding three months,the Director shall take all appropriate action against such person on behal o theFund with a view to the recovery o the amount due. However, where the deaulting

contributor is maniestly insolvent or the circumstances otherwise so warrant, theAssembly may, upon recommendation o the Director, decide that no action shall betaken or continued against the contributor.

Article 141. Each Contracting State may at the time when it deposits its instrument o raticationor accession or at any time thereater declare that it assumes itsel obligations thatare incumbent under this Convention on any person who is liable to contribute to theFund in accordance with Article 10, paragraph 1, in respect o oil received within theterritory o that State. Such declaration shall be made in writing and shall speciy whichobligations are assumed.

2. Where a declaration under paragraph 1 is made prior to the entry into orce o thisConvention in accordance with Article 40, it shall be deposited with the Secretary-General o the Organization who shall ater the entry into orce o the Conventioncommunicate the declaration to the Director.

3. A declaration under paragraph 1 which is made ater the entry into orce o thisConvention shall be deposited with the Director.

4. A declaration made in accordance with this Article may be withdrawn by the relevantState giving notice thereo in writing to the Director. Such notication shall take eectthree months ater the Directors receipt thereo.


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5. Any State which is bound by a declaration made under this Article shall, in anyproceedings brought against it beore a competent court in respect o any obligationspecied in the declaration, waive any immunity that it would otherwise be entitled to

invoke.

Article 151. Each Contracting State shall ensure that any person who receives contributing oilwithin its territory in such quantities that he is liable to contribute to the Fund appearson a list to be established and kept up to date by the Director in accordance with thesubsequent provisions o this Article.

2. For the purposes set out in paragraph 1, each Contracting State shall communicate,at a time and in the manner to be prescribed in the Internal Regulations, to the Directorthe name and address o any person who in respect o that State is liable to contributeto the Fund pursuant to Article 10, as well as data on the relevant quantities ocontributing oil received by any such person during the preceding calendar year.

3. For the purposes o ascertaining who are, at any given time, the persons liable tocontribute to the Fund in accordance with Article 10, paragraph 1, and o establishing,where applicable, the quantities o oil to be taken into account or any such personwhen determining the amount o his contribution, the list shall be prima acie evidenceo the acts stated therein.

Organization and administrationArticle 16The Fund shall have an Assembly, a Secretariat headed by a Director and, in accordancewith the provisions o Article 21, an Executive Committee.

AssemblyArticle 17The Assembly shall consist o all Contracting States to this Convention.

Article 18The unctions o the Assembly shall, subject to the provisions o Article 26, be:

1. to elect at each regular session its Chairman and two Vice-Chairmen who shall holdoce until the next regular session;

2. to determine its own rules o procedure, subject to the provisions o this Convention;

3. to adopt Internal Regulations necessary or the proper unctioning o the Fund;

4. to appoint the Director and make provisions or the appointment o such other

personnel as may be necessary and determine the terms and conditions o service othe Director and other personnel;

5. to adopt the annual budget and x the annual contributions;

6. to appoint auditors and approve the accounts o the Fund;

7. to approve settlements o claims against the Fund, to take decisions in respect o thedistribution among claimants o the available amount o compensation in accordancewith Article 4, paragraph 5, and to determine the terms and conditions according towhich provisional payments in respect o claims shall be made with a view to ensuringthat victims o pollution damage are compensated as promptly as possible;

8. to elect the members o the Assembly to be represented on the Executive

Committee, as provided in Articles 21, 22 and 23;

9. to establish any temporary or permanent subsidiary body it may consider to benecessary;

10. to determine which non-Contracting States and which inter-governmental andinternational non-governmental organizations shall be admitted to take part, withoutvoting rights, in meetings o the Assembly, the Executive Committee, and subsidiarybodies;

11. to give instructions concerning the administration o the Fund to the Director, theExecutive Committee and subsidiary bodies;

12. to review and approve the reports and activities o the Executive Committee;

13. to supervise the proper execution o the Convention and o its own decisions;

14. to perorm such other unctions as are allocated to it under the Convention or areotherwise necessary or the proper operation o the Fund.

Article 191. Regular sessions o the Assembly shall take place once every calendar year uponconvocation by the Director; provided, however, that i the Assembly allocates to the


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Executive Committee the unctions specied in Article 18, paragraph 5, regular sessionso the Assembly shall be held once every two years.

2. Extraordinary sessions o the Assembly shall be convened by the Director at therequest o the Executive Committee or o at least one-third o the members o theAssembly and may be convened on the Directors own initiative ater consultation withthe Chairman o the Assembly. The Director shall give members at least thirty daysnotice o such sessions.

Article 20A majority o the members o the Assembly shall constitute a quorum or its meetings.

Executive CommitteeArticle 21The Executive Committee shall be established at the rst regular session o theAssembly ater the date on which the number o Contracting States reaches teen.

Article 221. The Executive Committee shall consist o one-third o the members o the Assemblybut o not less than seven or more than teen members. Where the number omembers o the Assembly is not divisible by three, the one-third reerred to shall becalculated on the next higher number which is divisible by three.

2. When electing the members o the Executive Committee the Assembly shall:(a) secure an equitable geographical distribution o the seats on the Committee on thebasis o an adequate representation o Contracting States particularly exposed to therisks o oil pollution and o Contracting States having large tanker feets; and(b) elect one hal o the members o the Committee, or in case the total number omembers to be elected is uneven, such number o the members as is equivalent toone hal o the total number less one, among those Contracting States in the territoryo which the largest quantities o oil to be taken into account under Article 10 werereceived during the preceding calendar year, provided that the number o Stateseligible under this sub-paragraph shall be limited as shown in the table below:

Total number o Number o States eligible Number o StatesMembers under sub-paragraph (b) to be electedon the Committee under sub-paragraph (b)

7 5 38 6 49 6 410 8 511 8 512 9 613 9 614 11 715 11 7

3. A member o the Assembly which was eligible but was not elected under sub-paragraph (b) shall not be eligible to be elected or any remaining seat on the ExecutiveCommittee.

Article 231. Members o the Executive Committee shall hold oce until the end o the nextregular session o the Assembly.

2. Except to the extent that may be necessary or complying with the requirements oArticle 22, no State Member o the Assembly may serve on the Executive Committee ormore than two consecutive terms.

Article 24The Executive Committee shall meet at least once every calendar year at thirty daysnotice upon convocation by the Director, either on his own initiative or at the request o

its Chairman or o at least one-third o its members. It shall meet at such places as maybe convenient.

Article 25At least two-thirds o the members o the Executive Committee shall constitute aquorum or its meetings.


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Article 261. The unctions o the Executive Committee shall be:(a) to elect its Chairman and adopt its own rules o procedure, except as otherwise

provided in this Convention;(b) to assume and exercise in place o the Assembly the ollowing unctions:(i) making provision or the appointment o such personnel, other than the Director,as may be necessary and determining the terms and conditions o service o suchpersonnel;(ii) approving settlements o claims against the Fund and taking all other stepsenvisaged in relation to such claims in Article 18, paragraph 7;(iii) giving instructions to the Director concerning the administration o the Fund andsupervising the proper execution, by him o the Convention, o the decisions o theAssembly and o the Committees own decisions; and(c) to perorm such other unctions as are allocated to it by the Assembly.

2. The Executive Committee shall each year prepare and publish a report o theactivities o the Fund during the previous calendar year.

Article 27Members o the Assembly who are not members o the Executive Committee shall havethe right to attend its meetings as observers.

SecretariatArticle 281. The Secretariat shall comprise the Director and such sta as the administration o theFund may require.2. The Director shall be the legal representative o the Fund.

Article 291. The Director shall be the chie administrative ocer o the Fund and shall, subjectto the instructions given to him by the Assembly and by the Executive Committee,perorm those unctions which are assigned to him by this Convention, the InternalRegulations, the Assembly and the Executive Committee.

2. The Director shall in particular:(a) appoint the personnel required or the administration o the Fund;(b) take all appropriate measures with a view to the proper administration o the Fundsassets;(c) collect the contributions due under this Convention while observing in particular theprovisions o Article 13, paragraph 3;

(d) to the extent necessary to deal with claims against the Fund and carry out the otherunctions o the Fund, employ the services o legal, nancial and other experts;(e) take all appropriate measures or dealing with claims against the Fund within the

limits and on conditions to be laid down in the Internal Regulations, including thenal settlement o claims without the prior approval o the Assembly or the ExecutiveCommittee where these Regulations so provide;() prepare and submit to the Assembly or to the Executive Committee, as the case maybe, the nancial statements and budget estimates or each calendar year;(g) assist the Executive Committee in the preparation o the report reerred to in Article26, paragraph 2;(h) prepare, collect and circulate the papers, documents, agenda, minutes andinormation that may be required or the work o the Assembly, the ExecutiveCommittee and subsidiary bodies.

Article 30In the perormance o their duties the Director and the sta and experts appointed byhim shall not seek or receive instructions rom any Government or rom any authority

external to the Fund. They shall rerain rom an action which might refect on theirposition as international ocials. Each Contracting State on its part undertakes torespect the exclusively international character o the responsibilities o the Directorand the sta and experts appointed by him, and not to seek to infuence them in thedischarge o their duties.

FinancesArticle 311. Each Contracting State shall bear the salary, travel and other expenses o its owndelegation to the Assembly and o its representatives on the Executive Committee andon subsidiary bodies.

2. Any other expenses incurred in the operation o the Fund shall be borne by the Fund.

VotingArticle 32The ollowing provisions shall apply to voting in the Assembly and the ExecutiveCommittee:(a) each member shall have one vote;(b) except as otherwise provided in Article 33, decisions o the Assembly and theExecutive Committee shall be by a majority vote o the members present and voting;(c) decisions where a three-ourths or a two-thirds majority is required shall be by athree-ourths or two-thirds majority vote, as the case may be, o those present;

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(d) or the purpose o this Article the phrase members present means memberspresent at the meeting at the time o the vote, and the phrase members presentand voting means members present and casting an armative or negative vote.

Members who abstain rom voting shall be considered as not voting.

Article 331. The ollowing decisions o the Assembly shall require a three-ourths majority:(a) an increase in accordance with Article 4, paragraph 6, in the maximum amount ocompensation payable by the Fund;(b) a determination, under Article 5, paragraph 4, relating to the replacement o theInstruments reerred to in that paragraph;(c) the allocation to the Executive Committee o the unctions specied in Article 18,paragraph 5.

2. The ollowing decisions o the Assembly shall require a two-thirds majority:(a) a decision under Article 13, paragraph 3, not to take or continue action against acontributor;

(b) the appointment o the Director under Article 18, paragraph 4;(c) the establishment o subsidiary bodies, under Article 18, paragraph 9.

Article 341. The Fund, its assets, income, including contributions, and other property shall enjoyin all Contracting States exemption rom all direct taxation.

2. When the Fund makes substantial purchases o movable or immovable property, orhas important work carried out which is necessary or the exercise o its ocial activitiesand the cost o which includes indirect taxes or sales taxes, the Governments oMember States shall take, whenever possible, appropriate measures or the remissionor reund o the amount o such duties and taxes.

3. No exemption shall be accorded in the case o duties, taxes or dues which merelyconstitute payment or public utility services.

4. The Fund shall enjoy exemption rom all customs duties, taxes and other relatedtaxes on articles imported or exported by it or on its behal or its ocial use. Articlesthus imported shall not be transerred either or consideration or gratis on the territoryo the country into which they have been imported except on conditions agreed by thegovernment o that country.

5. Persons contributing to the Fund and victims and owners o ships receivingcompensation rom the Fund shall be subject to the scal legislation o the State wherethey are taxable, no special exemption or other benet being conerred on them in this

respect.

6. Inormation relating to individual contributors supplied or the purpose o thisConvention shall not be divulged outside the Fund except in so ar as it may be strictlynecessary to enable the Fund to carry out its unctions including the bringing anddeending o legal proceedings.

7. Independently o existing or uture regulations concerning currency or transers,Contracting States shall authorize the transer and payment o any contribution to theFund and o any compensation paid by the Fund without any restriction.

Transitional provisionsArticle 351. The Fund shall incur no obligation whatsoever under Article 4 or 5 in respect o

incidents occurring within a period o one hundred and twenty days ater the entry intoorce o this Convention.

2. Claims or compensation under Article 4 and claims or indemnication under Article5, arising rom incidents occurring later than one hundred and twenty days but not laterthan two hundred and orty days ater the entry into orce o this Convention may notbe brought against the Fund prior to the elapse o the two hundred and ortieth dayater the entry into orce o this Convention.

Article 36The Secretary-General o the Organization shall convene the rst session o theAssembly. This session shall take place as soon as possible ater entry into orce o thisConvention and, in any case, not more than thirty days ater such entry into orce.

Final clausesArticle 371. This Convention shall be open or signature by the States which have signed or whichaccede to the Liability Convention, and by any State represented at the Conerence onthe Establishment o an International Fund or Compensation or Oil Pollution Damage,1971. The Convention shall remain open or signature until 31 December 1972.

2. Subject to paragraph 4, this Convention shall be ratied, accepted or approved bythe States which have signed it.

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3. Subject to paragraph 4, this Convention is open or accession by States which did notsign it.

4. This Convention may be ratied, accepted, approved or acceded to, only by Stateswhich have ratied, accepted, approved or acceded to the Liability Convention.

Article 381. Ratication, acceptance, approval or accession shall be eected by the deposit o aormal instrument to that eect with the Secretary-General o the Organization.

2. Any instrument o ratication, acceptance, approval or accession deposited aterthe entry into orce o an amendment to this Convention with respect to all existingContracting States or ater the completion o all measures required or the entry intoorce o the amendment with respect to those Parties shall be deemed to apply to theConvention as modied by the amendment.

Article 39

Beore this Convention comes into orce a State shall, when depositing an instrumentreerred to in Article 38, paragraph 1, and annually thereater at a date to bedetermined by the Secretary-General o the Organization, communicate to him thename and address o any person who in respect o that State would be liable tocontribute to the Fund pursuant to Article 10 as well as data on the relevant quantitieso contributing oil received by any such person in the territory o that State during thepreceding calendar year.

Article 401. This Convention shall enter into orce on the ninetieth day ollowing the date onwhich the ollowing requirements are ullled:(a) at least eight States have deposited instruments o ratication, acceptance, approvalor accession with the Secretary-General o the Organization, and(b) the Secretary-General o the Organization has received inormation in accordancewith Article 39 that those persons in such States who would be liable to contributepursuant to Article 10 have received during the preceding calendar year a total quantityo at least 750 million tons o contributing oil.

2. However, this Convention shall not enter into orce beore the Liability Conventionhas entered into orce.

3. For each State which subsequently raties, accepts, approved or accedes to it, thisConvention shall enter into orce on the ninetieth day ater deposit by such State o theappropriate instrument.

Article 411. This Convention may be denounced by any Contracting State at any time ater thedate on which the Convention comes into orce or that State.

2. Denunciation shall be eected by the deposit o an instrument with the Secretary-General o the Organization.

3. A denunciation shall take eect one year, or such longer period as may be speciedin the instrument o denunciation, ater its deposit with the Secretary-General o theOrganization.

4. Denunciation o the Liability Convention shall be deemed to be a denunciationo this Convention. Such denunciation shall

civil liability convention

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