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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


Chapter I - General Provisions


Article 1


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


Article 14

Related tasks of the HNS Fund

Article 15


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


Article 21

Non­payment of contributions

Article 22

Optional liability of States Parties for the payment of contributions

Article 23

Organization and administration

Article 24


Article 25

Article 26

Article 27

Article 28


Article 29

Article 30

Article 31


Article 32


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


Article 49

Extraordinary sessions of the Assembly

Article 50


Article 51

Winding up of the HNS Fund

Article 52


Article 53


Article 54

[Post Provisions]

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


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


SiSU Metadata, document information


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)


Article 26

The functions of the Assembly shall be:

(a) to elect at each regular session its President and two Vice-Presidents who shall hold office until the next regular session;

(b) to determine its own rules of procedure, subject to the provisions of this Convention;

(c) to develop, apply and keep under review internal and financial regulations relating to the aim of the HNS Fund as described in article 13, paragraph 1(a), and the related tasks of the HNS Fund listed in article 15;

(d) to appoint the Director and make provisions for the appointment of such other personnel as may be necessary and determine the terms and conditions of service of the Director and other personnel;

(e) to adopt the annual budget prepared in accordance with article 15(b);

(f) to consider and approve as necessary any recommendation of the Director regarding the scope of definition of contributing cargo;

(g) to appoint auditors and approve the accounts of the HNS Fund;

(h) to approve settlements of claims against the HNS Fund, to take decisions in respect of the distribution among claimants of the available amount of compensation in accordance with article 14 and to determine the terms and conditions according to which provisional payments in respect of claims shall be made with a view to ensuring that victims of damage are compensated as promptly as possible;

(i) to establish a Committee on Claims for Compensation with at least 7 and not more than 15 members and any temporary or permanent subsidiary body it may consider to be necessary, to define its terms of reference and to give it the authority needed to perform the functions entrusted to it; when appointing the members of such body, the Assembly shall endeavour to secure an equitable geographical distribution of members and to ensure that the States Parties are appropriately represented; the Rules of Procedure of the Assembly may be applied, mutatis mutandis, for the work of such subsidiary body;

(j) to determine which States not party to this Convention, which Associate Members of the Organization and which intergovernmental and international non-governmental organizations shall be admitted to take part, without voting rights, in meetings of the Assembly and subsidiary bodies;

(k) to give instructions concerning the administration of the HNS Fund to the Director and subsidiary bodies;

(l) to supervise the proper execution of this Convention and of its own decisions;

(m) to review every five years the implementation of this Convention with particular reference to the performance of the system for the calculation of levies and the contribution mechanism for domestic trade; and

(n) to perform such other functions as are allocated to it under this Convention or are otherwise necessary for the proper operation of the HNS Fund.

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