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International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

[Preamble]

Chapter I - General Provisions

Definitions

Article 1

Annexes

Article 2

Scope of application

Article 3

Article 4

Article 5

Duties of State Parties

Article 6

Chapter II - Liability

Liability of the owner

Article 7

Incidents involving two or more ships

Article 8

Limitation of liability

Article 9

Article 10

Death and injury

Article 11

Compulsory insurance of the owner

Article 12

Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Article 13

Compensation

Article 14

Related tasks of the HNS Fund

Article 15

Expenditure:

General provisions on contributions

Article 16

General provisions on annual contributions

Article 17

Annual contributions to the general account

Article 18

Annual contributions to separate accounts

Article 19

Initial contributions

Article 20

Reports

Article 21

Non­payment of contributions

Article 22

Optional liability of States Parties for the payment of contributions

Article 23

Organization and administration

Article 24

Assembly

Article 25

Article 26

Article 27

Article 28

Secretariat

Article 29

Article 30

Article 31

Finances

Article 32

Voting

Article 33

Article 34

Tax exemptions and currency regulations

Article 35

Confidentiality of information

Article 36

Chapter IV - Claims And Actions

Limitation of actions

Article 37

Jurisdiction in respect of action against the owner

Article 38

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Article 39

Recognition and enforcement

Article 40

Subrogation and recourse

Article 41

Supersession clause

Article 42

Chapter V - Transitional Provisions

Information on contributing cargo

Article 43

First session of the Assembly

Article 44

Chapter VI - Final Clauses

Signature, ratification, acceptance, approval and accession

Article 45

Entry into force

Article 46

Revision and amendment

Article 47

Amendment of limits

Article 48

Denunciation

Article 49

Extraordinary sessions of the Assembly

Article 50

Cessation

Article 51

Winding up of the HNS Fund

Article 52

Depositary

Article 53

Languages

Article 54

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

Annexes

Annex I

Annex I - Certificate Of Insurance Or Other Financial Security In Respect Of Liability For Damage Caused By Hazardous And Noxious Substances (HNS)

Explanatory Notes:

ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account

Regulation 1

Regulation 2

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, IMO 1996

International Maritime Organization (IMO)

copy @ Lex Mercatoria

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)

General provisions on annual contributions

Article 17

1. Annual contributions to the general account and to each separate account shall be levied only as required to make payments by the account in question.

2. Annual contributions payable pursuant to articles 18, 19 and article 21, paragraph 5 shall be determined by the Assembly and shall be calculated in accordance with those articles on the basis of the units of contributing cargo received or, in respect of cargoes referred to in article 19, paragraph 1(b), discharged during the preceding calendar year or such other year as the Assembly may decide.

3. The Assembly shall decide the total amount of annual contributions to be levied to the general account and to each separate account. Following that decision the Director shall, in respect of each State Party, calculate for each person liable to pay contributions in accordance with article 18, article 19, paragraph 1 and article 21, paragraph 5, the amount of that person's annual contribution to each account, on the basis of a fixed sum for each unit of contributing cargo reported in respect of the person during the preceding calendar year or such other year as the Assembly may decide. For the general account, the above­mentioned fixed sum per unit of contributing cargo for each sector shall be calculated pursuant to the regulations contained in Annex II to this Convention. For each separate account, the fixed sum per unit of contributing cargo referred to above shall be calculated by dividing the total annual contribution to be levied to that account by the total quantity of cargo contributing to that account.

4. The Assembly may also levy annual contributions for administrative costs and decide on the distribution of such costs between the sectors of the general account and the separate accounts.

5. The Assembly shall also decide on the distribution between the relevant accounts and sectors of amounts paid in compensation for damage caused by two or more substances which fall within different accounts or sectors, on the basis of an estimate of the extent to which each of the substances involved contributed to the damage.


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