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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 VI - Final Clauses

Amendment of limits

Article 48

1. Without prejudice to the provisions of article 47, the special procedure in this article shall apply solely for the purposes of amending the limits set out in article 9, paragraph 1 and article 14, paragraph 5.

2. Upon the request of at least one half, but in no case less than six, of the States Parties, any proposal to amend the limits specified in article 9, paragraph 1, and article 14, paragraph 5, shall be circulated by the Secretary-General to all Members of the Organization and to all Contracting States.

3. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization (the Legal Committee) for consideration at a date at least six months after the date of its circulation.

4. All Contracting States, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments.

5. Amendments shall be adopted by a two-thirds majority of the Contracting States present and voting in the Legal Committee, expanded as provided in paragraph 4, on condition that at least one half of the Contracting States shall be present at the time of voting.

6. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and, in particular, the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits established in article 9, paragraph 1, and those in article 14, paragraph 5.

7.

(a) No amendment of the limits under this article may be considered less than five years from the date this Convention was opened for signature nor less than five years from the date of entry into force of a previous amendment under this article.

(b) No limit may be increased so as to exceed an amount which corresponds to a limit laid down in this Convention increased by six per cent per year calculated on a compound basis from the date on which this Convention was opened for signature.

(c) No limit may be increased so as to exceed an amount which corresponds to a limit laid down in this Convention multiplied by three.

8. Any amendment adopted in accordance with paragraph 5 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period no less than one-fourth of the States which were Contracting States at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept the amendment, in which case the amendment is rejected and shall have no effect.

9. An amendment deemed to have been accepted in accordance with paragraph 8 shall enter into force eighteen months after its acceptance.

10. All Contracting States shall be bound by the amendment, unless they denounce this Convention in accordance with article 49, paragraphs 1 and 2, at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.

11. When an amendment has been adopted but the eighteen month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Convention enters into force for that State, if later.


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