Displaying 1 - 73 of 73

Paragraphs in "International Convention On Liability And Compensation For Damage In Connection With The Carriage Of Hazardous And Noxious Substances By Sea" coded as SBS

Label Provision
Art.13 Article 13
Art.13.1 1. The International Hazardous and Noxious Substances Fund (HNS Fund) is hereby established with the following aims:
Art.13.1.a (a) to provide compensation for damage in connection with the carriage of hazardous and noxious substances by sea, to the extent that the protection afforded by Chapter II is inadequate or not available; and
Art.13.1.b (b) to give effect to the related tasks set out in Article 15.
Art.13.2 2. The HNS Fund shall in each State Party be recognized as a legal person capable under the laws of that State of assuming rights and obligations and of being a party in legal proceedings before the courts of that State. Each State Party shall recognize the Director as the legal representative of the HNS Fund.
Art.16 Article 16
Art.16.1 1. The HNS Fund shall have a general account, which shall be divided into sectors.
Art.16.2 2. The HNS Fund shall, subject to Article 19, paragraphs 3 and 4, also have separate accounts in respect of:
Art.16.2.a (a) oil as defined in Article 1, paragraph 5(a)(i) (oil account);
Art.16.2.b (b) liquefied natural gases of light hydrocarbons with methane as the main constituent (LNG) (LNG account); and
Art.16.2.c (c) liquefied petroleum gases of light hydrocarbons with propane and butane as the main constituents (LPG) (LPG account).
Art.16.3 3. There shall be initial contributions and, as required, annual contributions to the HNS Fund.
Art.16.4 4. Contributions to the HNS Fund shall be made into the general account in accordance with Article 18, to separate accounts in accordance with Article 19 and to either the general account or separate accounts in accordance with Article 20 or Article 21, paragraph 5. Subject to Article 19, paragraph 6, the general account shall be available to compensate damage caused by hazardous and noxious substances covered by that account, and a separate account shall be available to compensate damage caused by a hazardous and noxious substance covered by that account.
Art.16.5 5. For the purposes of Article 18, Article 19, paragraph 1(a)(i), paragraph 1(a)(ii) and paragraph 1(c), Article 20 and Article 21, paragraph 5, where the quantity of a given type of contributing cargo received in the territory of a State Party by any person in a calendar year when aggregated with the quantities of the same type of cargo received in the same State Party in that year by any associated person or persons exceeds the limit specified in the respective subparagraphs, such a person shall pay contributions in respect of the actual quantity received by that person notwithstanding that that quantity did not exceed the respective limit.
Art.16.6 6. "Associated person" means any subsidiary or commonly controlled entity. The question whether a person comes within this definition shall be determined by the national law of the State concerned.
Art.26 Article 26
Art.26.1x The functions of the Assembly shall be:
Art.26.1x.a (a) to elect at each regular session its President and two Vice-Presidents who shall hold office until the next regular session;
Art.26.1x.b (b) to determine its own rules of procedure, subject to the provisions of this Convention;
Art.26.1x.c (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;
Art.26.1x.d (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;
Art.26.1x.e (e) to adopt the annual budget prepared in accordance with Article 15(b);
Art.26.1x.f (f) to consider and approve as necessary any recommendation of the Director regarding the scope of definition of contributing cargo;
Art.26.1x.g (g) to appoint auditors and approve the accounts of the HNS Fund;
Art.26.1x.h (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;
Art.26.1x.i (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;
Art.26.1x.j (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;
Art.26.1x.k (k) to give instructions concerning the administration of the HNS Fund to the Director and subsidiary bodies;
Art.26.1x.l (l) to supervise the proper execution of this Convention and of its own decisions;
Art.26.1x.m (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
Art.26.1x.n (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.
Art.27 Article 27
Art.27.1 1. Regular sessions of the Assembly shall take place once every calendar year upon convocation by the Director.
Art.27.2 2. Extraordinary sessions of the Assembly shall be convened by the Director at the request of at least one-third of the members of the Assembly and may be convened on the Director's own initiative after consultation with the President of the Assembly. The Director shall give members at least thirty days' notice of such sessions.
Art.29 Article 29
Art.29.1 1. The Secretariat shall comprise the Director and such staff as the administration of the HNS Fund may require.
Art.29.2 2. The Director shall be the legal representative of the HNS Fund.
Art.30 Article 30
Art.30.1 1. The Director shall be the chief administrative officer of the HNS Fund. Subject to the instructions given by the Assembly, the Director shall perform those functions which are assigned to the Director by this Convention, the internal regulations of the HNS Fund and the Assembly.
Art.30.2 2. The Director shall in particular:
Art.30.2.a (a) appoint the personnel required for the administration of the HNS Fund;
Art.30.2.b (b) take all appropriate measures with a view to the proper administration of the assets of the HNS Fund;
Art.30.2.c (c) collect the contributions due under this Convention while observing in particular the provisions of Article 22, paragraph 2;
Art.30.2.d (d) to the extent necessary to deal with claims against the HNS Fund and to carry out the other functions of the HNS Fund, employ the services of legal, financial and other experts;
Art.30.2.e (e) take all appropriate measures for dealing with claims against the HNS Fund, within the limits and on conditions to be laid down in the internal regulations of the HNS Fund, including the final settlement of claims without the prior approval of the Assembly where these regulations so provide;
Art.30.2.f (f) prepare and submit to the Assembly the financial statements and budget estimates for each calendar year;
Art.30.2.g (g) prepare, in consultation with the President of the Assembly, and publish a report on the activities of the HNS Fund during the previous calendar year; and
Art.30.2.h (h) prepare, collect and circulate the documents and information which may be required for the work of the Assembly and subsidiary bodies.
Art.34 Article 34
Art.34.1x The following decisions of the Assembly shall require a two-thirds majority:
Art.34.1x.a (a) a decision under Article 19, paragraphs 4 or 5 to suspend or reinstate the operation of a separate account;
Art.34.1x.b (b) a decision under Article 22, paragraph 2, not to take or continue action against a contributor;
Art.34.1x.c (c) the appointment of the Director under Article 26(d);
Art.34.1x.d (d) the establishment of subsidiary bodies, under Article 26(i), and matters relating to such establishment; and
Art.34.1x.e (e) a decision under Article 51, paragraph 1, that this Convention shall continue to be in force.
Art.35 Article 35
Art.35.1 1. The HNS Fund, its assets, income, including contributions, and other property necessary for the exercise of its functions as described in Article 13, paragraph 1, shall enjoy in all States Parties exemption from all direct taxation.
Art.35.2 2. When the HNS Fund makes substantial purchases of movable or immovable property, or of services which are necessary for the exercise of its official activities in order to achieve its aims as set out in Article 13, paragraph 1, the cost of which include indirect taxes or sales taxes, the Governments of the States Parties shall take, whenever possible, appropriate measures for the remission or refund of the amount of such duties and taxes. Goods thus acquired shall not be sold against payment or given away free of charge unless it is done according to conditions approved by the Government of the State having granted or supported the remission or refund.
Art.35.3 3. No exemption shall be accorded in the case of duties, taxes or dues which merely constitute payment for public utility services.
Art.35.4 4. The HNS 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.35.5 5. Persons contributing to the HNS Fund as well as victims and owners receiving compensation from the HNS 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.35.6 6. Notwithstanding existing or future regulations concerning currency or transfers, States Parties shall authorize the transfer and payment of any contribution to the HNS Fund and of any compensation paid by HNS Fund without any restriction.
Art.36 Article 36
Art.36.1x Information relating to individual contributors supplied for the purpose of this Convention shall not be divulged outside the HNS Fund except in so far as it may be strictly necessary to enable the HNS Fund to carry out its functions including the bringing and defending of legal proceedings.
Art.39 Article 39
Art.39.1 1. Subject to the subsequent provisions of this Article, any action against the HNS Fund for compensation under Article 14 shall be brought only before a court having jurisdiction under Article 38 in respect of actions against the owner who is liable for damage caused by the relevant incident or before a court in a State Party which would have been competent if an owner had been liable.
Art.39.2 2. In the event that the ship carrying the hazardous or noxious substances which caused the damage has not been identified, the provisions of Article 38, paragraph 1, shall apply mutatis mutandis to actions against the HNS Fund.
Art.39.3 3. Each State Party shall ensure that its courts have jurisdiction to entertain such actions against the HNS Fund as are referred to in paragraph 1.
Art.39.4 4. Where an action for compensation for damage has been brought before a court against the owner or the owner's guarantor, such court shall have exclusive jurisdiction over any action against the HNS Fund for compensation under the provisions of Article 14 in respect of the same damage.
Art.39.5 5. Each State Party shall ensure that the HNS Fund shall have the right to intervene as a party to any legal proceedings instituted in accordance with this Convention before a competent court of that State against the owner or the owner's guarantor.
Art.39.6 6. Except as otherwise provided in paragraph 7, the HNS Fund shall not be bound by any judgement or decision in proceedings to which it has not been a party or by any settlement to which it is not a party.
Art.39.7 7. Without prejudice to the provisions of paragraph 5, where an action under this Convention for compensation for damage has been brought against an owner or the owner's guarantor before a competent court in a State Party, each party to the proceedings shall be entitled under the national law of that State to notify the HNS Fund of the proceedings. Where such notification has been made in accordance with the formalities required by the law of the court seized and in such time and in such a manner that the HNS Fund has in fact been in a position effectively to intervene as a party to the proceedings, any judgement rendered by the court in such proceedings shall, after it has become final and enforceable in the State where the judgement was given, become binding upon the HNS Fund in the sense that the facts and findings in that judgement may not be disputed by the HNS Fund even if the HNS Fund has not actually intervened in the proceedings.