Displaying 201 - 305 of 305

Paragraphs in "International Convention On The Establishment Of An International Fund For Compensation For Oil Pollution Damage" coded as

Label Provision
Art.29.2.b (b) take all appropriate measures with a view to the proper administration of the Fund's assets;
Art.29.2.c (c) collect the contributions due under this Convention while observing in particular the provisions of Article 13, paragraph 3;
Art.29.2.d (d) to the extent necessary to deal with claims against the Fund and carry out the other functions of the Fund, employ the services of legal, financial and other experts;
Art.29.2.e (e) take all appropriate measures for dealing with claims against the Fund within the limits and on conditions to be laid down in the Internal Regulations, including the final settlement of claims without the prior approval of the Assembly or the Executive Committee where these Regulations so provide;
Art.29.2.f (f) prepare and submit to the Assembly or to the Executive Committee, as the case may be, the financial statements and budget estimates for each calendar year;
Art.29.2.g (g) assist the Executive Committee in the preparation of the report referred to in Article 26, paragraph 2;
Art.29.2.h (h) prepare, collect and circulate the papers, documents, agenda, minutes and information that may be required for the work of the Assembly, the Executive Committee and subsidiary bodies.
Art.30 Article 30
Art.30.1x In the performance of their duties the Director and the staff and experts appointed by him shall not seek or receive instructions from any Government or from any authority external to the Fund. They shall refrain from an action which might reflect on their position as international officials. Each Contracting State on its part undertakes to respect the exclusively international character of the responsibilities of the Director and the staff and experts appointed by him, and not to seek to influence them in the discharge of their duties.
Sect.7 FINANCES
Art.31 Article 31
Art.31.1 1. Each Contracting State shall bear the salary, travel and other expenses of its own delegation to the Assembly and of its representatives on the Executive Committee and on subsidiary bodies.
Art.31.2 2. Any other expenses incurred in the operation of the Fund shall be borne by the Fund.
Sect.8 VOTING
Art.32 Article 32
Art.32.1x The following provisions shall apply to voting in the Assembly and the Executive Committee:
Art.32.1x.a (a) each member shall have one vote;
Art.32.1x.b (b) except as otherwise provided in Article 33, decisions of the Assembly and the Executive Committee shall be by a majority vote of the members present and voting;
Art.32.1x.c (c) decisions where a three-fourths or a two-thirds majority is required shall be by a three-fourths or two-thirds majority vote, as the case may be, of those present;
Art.32.1x.d (d) for the purpose of this Article the phrase "members present" means "members present at the meeting at the time of the vote", and the phrase "members present and voting" means "members present and casting an affirmative or negative vote". Members who abstain from voting shall be considered as not voting.
Art.33 Article 33
Art.33.1 1. The following decisions of the Assembly shall require a three-fourths majority:
Art.33.1.a (a) an increase in accordance with Article 4, paragraph 6, in the maximum amount of compensation payable by the Fund;
Art.33.1.b (b) a determination, under Article 5, paragraph 4, relating to the replacement of the Instruments referred to in that paragraph;
Art.33.1.c (c) the allocation to the Executive Committee of the functions specified in Article 18, paragraph 5.
Art.33.2 2. The following decisions of the Assembly shall require a two-thirds majority:
Art.33.2.a (a) a decision under Article 13, paragraph 3, not to take or continue action against a contributor;
Art.33.2.b (b) the appointment of the Director under Article 18, paragraph 4;
Art.33.2.c (c) the establishment of subsidiary bodies, under Article 18, paragraph 9.
Art.34 Article 34
Art.34.1 1. The Fund, its assets, income, including contributions, and other property shall enjoy in all Contracting States exemption from all direct taxation.
Art.34.2 2. When the Fund makes substantial purchases of movable or immovable property, or has important work carried out which is necessary for the exercise of its official activities and the cost of which includes indirect taxes or sales taxes, the Governments of Member States shall take, whenever possible, appropriate measures for the remission or refund of the amount of such duties and taxes.
Art.34.3 3. No exemption shall be accorded in the case of duties, taxes or dues which merely constitute payment for public utility services.
Art.34.4 4. The Fund shall enjoy exemption from all customs duties, taxes and other related taxes on articles imported or exported by it or on its behalf for its official use. Articles thus imported shall not be transferred either for consideration or gratis on the territory of the country into which they have been imported except on conditions agreed by the government of that country.
Art.34.5 5. Persons contributing to the Fund and victims and owners of ships receiving compensation from the Fund shall be subject to the fiscal legislation of the State where they are taxable, no special exemption or other benefit being conferred on them in this respect.
Art.34.6 6. Information relating to individual contributors supplied for the purpose of this Convention shall not be divulged outside the Fund except in so far as it may be strictly necessary to enable the Fund to carry out its functions including the bringing and defending of legal proceedings.
Art.34.7 7. Independently of existing or future regulations concerning currency or transfers, Contracting States shall authorize the transfer and payment of any contribution to the Fund and of any compensation paid by the Fund without any restriction.
Sect.9 TRANSITIONAL PROVISIONS
Art.35 Article 35
Art.35.1 1. The Fund shall incur no obligation whatsoever under Article 4 or 5 in respect of incidents occurring within a period of one hundred and twenty days after the entry into force of this Convention.
Art.35.2 2. Claims for compensation under Article 4 and claims for indemnification under Article 5, arising from incidents occurring later than one hundred and twenty days but not later than two hundred and forty days after the entry into force of this Convention may not be brought against the Fund prior to the elapse of the two hundred and fortieth day after the entry into force of this Convention.
Art.36 Article 36
Art.36.1x The Secretary-General of the Organization shall convene the first session of the Assembly. This session shall take place as soon as possible after entry into force of this Convention and, in any case, not more than thirty days after such entry into force.
Sect.10 FINAL CLAUSES
Art.37 Article 37
Art.37.1 1. This Convention shall be open for signature by the States which have signed or which accede to the Liability Convention, and by any State represented at the Conference on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. The Convention shall remain open for signature until 31 December 1972.
Art.37.2 2. Subject to paragraph 4, this Convention shall be ratified, accepted or approved by the States which have signed it.
Art.37.3 3. Subject to paragraph 4, this Convention is open for accession by States which did not sign it.[6]
Art.37.4 4. This Convention may be ratified, accepted, approved or acceded to, only by States which have ratified, accepted, approved or acceded to the Liability Convention.
Art.38 Article 38
Art.38.1 1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization.
Art.38.2 2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention with respect to all existing Contracting States or after the completion of all measures required for the entry into force of the amendment with respect to those Parties shall be deemed to apply to the Convention as modified by the amendment.
Art.39 Article 39
Art.39.1x Before this Convention comes into force a State shall, when depositing an instrument referred to in Article 38, paragraph 1, and annually thereafter at a date to be determined by the Secretary-General of the Organization, communicate to him the name and address of any person who in respect of that State would be liable to contribute to the Fund pursuant to Article 10 as well as data on the relevant quantities of contributing oil received by any such person in the territory of that State during the preceding calendar year.
Art.40 Article 40
Art.40.1 1. This Convention shall enter into force on the ninetieth day following the date on which the following requirements are fulfilled: [7]
Art.40.1.a (a) at least eight States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization, and
Art.40.1.b (b) the Secretary-General of the Organization has received information in accordance with Article 39 that those persons in such States who would be liable to contribute pursuant to Article 10 have received during the preceding calendar year a total quantity of at least 750 million tons of contributing oil.
Art.40.2 2. However, this Convention shall not enter into force before the Liability Convention has entered into force.
Art.40.3 3. For each State which subsequently ratifies, accepts, approved or accedes to it, this Convention shall enter into force on the ninetieth day after deposit by such State of the appropriate instrument.[8]
Art.41 Article 41
Art.41.1 1. This Convention may be denounced by any Contracting State at any time after the date on which the Convention comes into force for that State.
Art.41.2 2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.
Art.41.3 3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General of the Organization.
Art.41.4 4. Denunciation of the Liability Convention shall be deemed to be a denunciation of this Convention. Such denunciation shall take effect on the same date as the denunciation of the Liability Convention takes effect according to paragraph 3 of Article XVI of that Convention.
Art.41.5 5. Notwithstanding a denunciation by a Contracting State pursuant to this Article, any provisions of this Convention relating to the obligations to make contributions under Article 10 with respect to an incident referred to in Article 12, paragraph 2(b), and occurring before the denunciation takes effect shall continue to apply.
Art.42 Article 42
Art.42.1 1. Any Contracting State may, within ninety days after the deposit of an instrument of denunciation the result of which it considers will significantly increase the level of contributions for remaining Contracting States, request the Director to convene an extraordinary session of the Assembly. The Director shall convene the Assembly to meet not later than sixty days after receipt of the request.
Art.42.2 2. The Director may convene, on his own initiative, an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if he considers that such denunciation will result in a significant increase in the level of contributions for the remaining Contracting States.
Art.42.3 3. If the Assembly at an extraordinary session convened in accordance with paragraph 1 or 2 decides that the denunciation will result in a significant increase in the level of contributions for the remaining Contracting States, any such State may, not later than one hundred and twenty days before the date on which that denunciation takes effect, denounce this Convention with effect from the same date.
Art.43 Article 43
Art.43.1 1. This Convention shall cease to be in force on the date when the number of Contracting States falls below three.
Art.43.2 2. Contracting States which are bound by this Convention on the date before the day it ceases to be in force shall enable the Fund to exercise its functions as described under Article 44 and shall, for that purpose only, remain bound by this Convention.
Art.44 Article 44
Art.44.1 1. If this Convention ceases to be in force, the Fund shall nevertheless
Art.44.1.a (a) meet its obligations in respect of any incident occurring before the Convention ceased to be in force;
Art.44.1.b (b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under sub-paragraph (a), including expenses for the administration of the Fund necessary for this purpose.
Art.44.2 2. The Assembly shall take all appropriate measures to complete the winding up of the Fund, including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the Fund.
Art.44.3 3. For the purposes of this Article the Fund shall remain a legal person.
Art.45 Article 45
Art.45.1 1. A Conference for the purpose of revising or amending this Convention may be convened by the Organization.
Art.45.2 2. The Organization shall convene a Conference of the Contracting States for the purpose of revising or amending this Convention at the request of not less than one-third of all Contracting States.
Art.46 Article 46
Art.46.1 1. This Convention shall be deposited with the Secretary-General of the Organization.
Art.46.2 2. The Secretary-General of the Organization shall:
Art.46.2.a (a) inform all States which have signed or acceded to this Convention of:
Art.46.2.a.i (i) each new signature or deposit of instrument and the date thereof;
Art.46.2.a.ii (ii) the date of entry into force of the Convention;
Art.46.2.a.iii (iii) any denunciation of the Convention and the date on which it takes effect;
Art.46.2.b (b) transmit certified true copies of this Convention to all Signatory States and to all States which accede to the Convention.
Art.47 Article 47
Art.47.1x As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Art.48 Article 48
Art.48.1x This Convention is established in a single original in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared by the Secretariat of the Organization and deposited with the signed original.
Conc.1 IN WITNESS WHEREOF the undersigned plenipotentiaries being duly authorized for that purpose have signed the present Convention.
Conc.2 DONE at Brussels this eighteenth day of December one thousand nine hundred and seventy-one.
Conc.3 [Signatures not reproduced here.]
Conc.4 [1]ATS 1984 No. 3 Act 1981 No. 31; SD 15 p. 39; UNTS 973 p. 3; UKTS 1975 No. 106 (Cmnd. 6183); ILM 9 p. 45.
Conc.5 [2] In accordance with Article 5.4, the Assembly of the International Oil Pollution Compensation Fund decided at its 17th Session (18-21 October 1994) to include the Amendments to the International Convention for the Safety of Life at Sea, 1974, adopted by the Maritime Safety Committee on 11 December 1992 (MEPC.27(61)) in the list of instruments contained in this Article, with effect from 1 May 1995.
Conc.6 [3]ATS 1988 No. 29 SD 26 p. 20; UNTS 1340 p. 61; ILM 17 p. 546.
Conc.7 [4]ATS 1983 No. 28 Act 1979 No. 98; SD 26 p. 1; UNTS 1226 p. 237; ILM 17 p. 579; UKTS 1981 No. 40 (Cmnd. 8277)
Conc.8 [5]ATS 1968 No. 23 Act 1968 No. 62; UNTS 640 p. 133; UKTS 1968 No. 58 (Cmnd. 3708); SD 10 p. 1; TIAS 6331.
Conc.9 [6] Instrument of accession deposited for Australia 10 October 1994.
Conc.10 [7] The Convention entered into force generally 16 October 1978.
Conc.11 [8] The Convention entered into force for Australia 8 January 1995.

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