Agreement relating to Refugee Seamen

the term "Convention" shall apply to the Convention relating to the Status of Refugees of 28 July 1951;

the term "refugee seaman" shall apply to any person who, being a refugee according to the definition in Article 1 of the Convention and the declaration or notification made by the Contracting State concerned in accordance with Section B of that Article, is serving as a seafarer in any capacity on a mercantile ship, or habitually earns his living as a seafarer on such a ship.

of the Contracting Party under whose flag he, while a refugee, has served as a seafarer for a total of 600 days within the three years preceding the application of this Agreement to his case on ships calling at least twice a year at ports in that territory, provided that for the purposes of this paragraph no account shall be taken of any service performed while or before he had a residence established in the territory of another State; or, if there is no such Contracting Party,

of the Contracting Party where he, while a refugee, has had his last lawful residence in the three years preceding the application of this Agreement to his case, provided that he has not, in the meantime, had a residence established in the territory of another State.

is not lawfully staying in the territory of any State and is not entitled to admission for the purpose of so staying to the territory of any State, other than a State where he has well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, and

is not in accordance with Article 2 of this Agreement regarded as lawfully staying in the territory of a Contracting Party shall become entitled to be regarded, for the purpose of Article 28 of the Convention, as lawfully staying in the territory:

has established his residence in the territory of another State, or

within any period of six years following that date, has been serving a total of 1350 days on ships flying the flag of one other State, or

within any period of three years following that date, neither has served at least a total of 30 days as a seafarer on ships flying the flag of that Contracting Party and calling at least twice a year at ports in its territory nor has stayed for at least a total of 10 days in the territory of that Party.

A Contracting Party may, for compelling reasons of national security or public order, consider itself released from the obligations incumbent on it under this Agreement with regard to a refugee seaman. The refugee seaman in question shall be allowed such period as may be reasonable in the circumstances to submit to the competent authority evidence to clear himself, except where there are reasonable grounds for regarding the refugee seaman in question as a danger to the security of the country where he is.

A decision made in accordance with paragraph 1 of this Article does not, however, release the Contracting Party in question from its obligations under Article 11 of this Agreement with respect to a refugee seaman to whom it has issued a travel document, unless the request for admission to its territory is presented to that Party by another Contracting Party more than 120 days after the expiration of that travel document.

Any Government which undertakes obligations with respect to refugee seamen under Article 28 of the Convention or obligations corresponding thereto may accede to this Agreement.

Instruments of accession shall be deposited with the Government of the Kingdom of the Netherlands.

This Agreement shall come into force with respect to each acceding Government on the 90th day following the day upon which its instrument of accession was deposited, but not before the date of entry into force as defined in Article 16.

Any Government may, at the time of ratification or accession or at any time thereafter, declare that this Agreement shall extend to any territory or territories for the international relations of which it is responsible, provided that it has undertaken in relation thereto such obligations as are mentioned in paragraph (1) of Article 17.

Such extension shall be made by a notification addressed to the Government of the Kingdom of the Netherlands.

The extension shall take effect on the 90th day following the day upon which the notification was received by the Government of the Kingdom of the Netherlands, but not before the date of entry into force as defined in Article 16.

A Contracting Party may denounce this Agreement at any time by a notification addressed to the Government of the Kingdom of the Netherlands.

The denunciation shall take effect one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands, provided that where the Agreement has been denounced by a Contracting Party, any other Contracting Party after consulting the remaining Parties, may denounce the Agreement with effect from the same date, so however, that not less than six months notice is given.