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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 I - General Provisions

Scope of application

Article 4

1. This Convention shall apply to claims, other than claims arising out of any contract for the carriage of goods and passengers, for damage arising from the carriage of hazardous and noxious substances by sea.

2. This Convention shall not apply to the extent that its provisions are incompatible with those of the applicable law relating to workers' compensation or social security schemes.

3. This Convention shall not apply:

(a) to pollution damage as defined in the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended, whether or not compensation is payable in respect of it under that Convention; and

(b) to damage caused by a radioactive material of class 7 either in the International Maritime Dangerous Goods Code, as amended, or in appendix B of the Code of Safe Practice for Solid Bulk Cargoes, as amended.

4. Except as provided in paragraph 5, the provisions of this Convention shall not apply to warships, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service.

5. A State Party may decide to apply this Convention to its warships or other vessels described in paragraph 4, in which case it shall notify the Secretary-General thereof specifying the terms and conditions of such application.

6. With respect to ships owned by a State Party and used for commercial purposes, each State shall be subject to suit in the jurisdictions set forth in article 38 and shall waive all defences based on its status as a sovereign State.


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