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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 IV - Claims And Actions

Subrogation and recourse

Article 41

1. The HNS Fund shall, in respect of any amount of compensation for damage paid by the HNS Fund in accordance with article 14, paragraph 1, acquire by subrogation the rights that the person so compensated may enjoy against the owner or the owner's guarantor.

2. Nothing in this Convention shall prejudice any rights of recourse or subrogation of the HNS Fund against any person, including persons referred to in article 7, paragraph 2(d), other than those referred to in the previous paragraph, in so far as they can limit their liability. In any event the right of the HNS Fund to subrogation against such persons shall not be less favourable than that of an insurer of the person to whom compensation has been paid.

3. Without prejudice to any other rights of subrogation or recourse against the HNS Fund which may exist, a State Party or agency thereof which has paid compensation for damage in accordance with provisions of national law shall acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.


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