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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. |
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Art.32 |
Article 32 |
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Art.32.1 |
1. Each State Party shall bear the salary, travel and other expenses of its own delegation to the Assembly and of its representatives on subsidiary bodies. |
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Art.32.2 |
2. Any other expenses incurred in the operation of the HNS Fund shall be borne by the HNS Fund. |
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Art.35 |
Article 35 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Art.36 |
Article 36 |
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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. |
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Chap.4 |
CHAPTER IV |
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Art.37 |
Article 37 |
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Art.37.1 |
1. Rights to compensation under Chapter II shall be extinguished unless an action is brought thereunder within three years from the date when the person suffering the damage knew or ought reasonably to have known of the damage and of the identity of the owner. |
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Art.37.2 |
2. Rights to compensation under Chapter III shall be extinguished unless an action is brought thereunder or a notification has been made pursuant to Article 39, paragraph 7, within three years from the date when the person suffering the damage knew or ought reasonably to have known of the damage. |
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Art.37.3 |
3. In no case, however, shall an action be brought later than ten years from the date of the incident which caused the damage. |
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Art.37.4 |
4. Where the incident consists of a series of occurrences, the ten-year period mentioned in paragraph 3 shall run from the date of the last of such occurrences. |
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Art.38 |
Article 38 |
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Art.38.1 |
1. Where an incident has caused damage in the territory, including the territorial sea or in an area referred to in Article 3(b), of one or more States Parties, or preventive measures have been taken to prevent or minimize damage in such territory including the territorial sea or in such area, actions for compensation may be brought against the owner or other person providing financial security for the owner's liability only in the courts of any such States Parties. |
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Art.38.2 |
2. Where an incident has caused damage exclusively outside the territory, including the territorial sea, of any State and either the conditions for application of this Convention set out in Article 3(c) have been fulfilled or preventive measures to prevent or minimize such damage have been taken, actions for compensation may be brought against the owner or other person providing financial security for the owner's liability only in the courts of: |
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Art.38.2.a |
(a) the State Party where the ship is registered or, in the case of an unregistered ship, the State Party whose flag the ship is entitled to fly; or |
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Art.38.2.b |
(b) the State Party where the owner has habitual residence or where the principal place of business of the owner is established; or |
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Art.38.2.c |
(c) the State Party where a fund has been constituted in accordance with Article 9, paragraph 3. |
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Art.38.3 |
3. Reasonable notice of any action taken under paragraph 1 or 2 shall be given to the defendant. |
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Art.38.4 |
4. Each State Party shall ensure that its courts have jurisdiction to entertain actions for compensation under this Convention. |
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Art.38.5 |
5. After a fund under Article 9 has been constituted by the owner or by the insurer or other person providing financial security in accordance with Article 12, the courts of the State in which such fund is constituted shall have exclusive jurisdiction to determine all matters relating to the apportionment and distribution of the fund. |
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Art.39 |
Article 39 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Art.41 |
Article 41 |
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Art.41.1 |
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. |
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Art.41.2 |
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. |
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Art.41.3 |
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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Art.50 |
Article 50 |
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Art.50.1 |
1. Any State Party 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 from the remaining States Parties, request the Director to convene an extraordinary session of the Assembly. The Director shall convene the Assembly to meet not less than sixty days after receipt of the request. |
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Art.50.2 |
2. The Director may take the initiative to convene an extraordinary session of the Assembly to meet within sixty days after the deposit of any instrument of denunciation, if the Director considers that such denunciation will result in a significant increase in the level of contributions from the remaining States Parties. |
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Art.50.3 |
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 from the remaining States Parties, any such State may, not later than one hundred and twenty days before the date on which the denunciation takes effect, denounce this Convention with effect from the same date. |
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Art.52 |
Article 52 |
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Art.52.1 |
1. If this Convention ceases to be in force, the HNS Fund shall nevertheless: |
|
Art.52.1.a |
(a) meet its obligations in respect of any incident occurring before this Convention ceased to be in force; and |
|
Art.52.1.b |
(b) be entitled to exercise its rights to contributions to the extent that these contributions are necessary to meet the obligations under (a), including expenses for the administration of the HNS Fund necessary for this purpose. |
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Art.52.2 |
2. The Assembly shall take all appropriate measures to complete the winding up of the HNS Fund including the distribution in an equitable manner of any remaining assets among those persons who have contributed to the HNS Fund. |
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Art.52.3 |
3. For the purposes of this Article the HNS Fund shall remain a legal person. |
