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TREATY

LEY N° 13.910

Advisory Organization Maritima International

Sanctioned: July 26-1950

Promulgated: August 7-1950

WHY:


ARTICLE 1 Approve the Convention concerning the International Maritime Advisory Organization, which was signed by the plenipotentiaries of the Argentine Republic on 6 March 1948 in the city of Geneva.

ARTICLE 2°- Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, twenty-six days from the month of July of the Year of the Liberator General San Martin, a thousand nine hundred and fifty.

J. H. QUIJANO	H. J. CAMPORA
Alberto H. Reales	L. Zavalla Carbó

The purposes of the Organization are:

(a) Establishing a system of collaboration among Governments on regulations and governmental practices on technical matters of all kinds concerning international commercial navigation, and fostering the general adoption of standards to achieve the highest possible levels of maritime security and navigational efficiency;

(b) To promote the elimination of discriminatory measures and unnecessary restrictions imposed by Governments on international trade in order to promote the availability of maritime services for world trade without discrimination; the assistance and promotion agreed upon by a Government to its national merchant marine for development and for security purposes do not constitute discrimination in themselves, provided that such assistance and promotion are not based on measures designed to restrict the flag of international trade;

(c) To take measures for the Organization ' s consideration of issues relating to the unfair restrictive practices of maritime navigation companies, in accordance with Part II;

(d) Take measures for the Organization ' s consideration of all maritime navigation issues that may be submitted to it by any specialized agency or institution
the United Nations;

(e) To facilitate the exchange of information among Governments in matters before the Organization.


The functions of the Organization shall be advisory and advisory.


In order to achieve the purposes set out in Part I, the functions of the Organization shall be:

(a) Except as provided for in art. 4, consider and make recommendations on issues related to art. 1 (a), (b) and (c) that may be submitted by Members by any specialized agency or institution of the United Nations or any intergovernmental organization, as well as on matters set out in art. 1 (d) for consideration;

(b) Prepare draft conventions, agreements or other appropriate instruments and recommend them to Governments and intergovernmental organizations, and convene such conferences as it deems necessary;

(c) Establish a system of consultations among Members and exchange of information among Governments.


In matters that it deems capable of being resolved through the normal procedures of international commercial navigation, the Organization shall recommend that it be so appropriate. Where, in the opinion of the Organization, any matter relating to the unfair restrictive practices of maritime navigation companies is not likely to be resolved by the normal procedures of international commercial navigation, or in the event that this impossibility has been proved and provided that the matter has previously been the subject of direct negotiations between the Members concerned, the Organization shall, at the request of one of them, proceed to its consideration.



All States may be Members of the Organization in accordance with the provisions of Part III.


Members of the United Nations may be Members of the Organization adhering to this Convention in accordance with the provisions of art. 57.


Non-member States of the United Nations that have been invited to send representatives to the United Nations Maritime Conference held in Geneva on 19 February 1948 may be Members adhering to the present Convention in accordance with the provisions of art. 57.


Any State that has no right to be a Member under the provisions of the arts. 6 or 7 may request its incorporation in that capacity through the Secretary-General of the Organization and shall be admitted as a Member when he has acceded to the present Convention in accordance with the provisions of art. 57 provided that, upon the recommendation of the Council, its request has been accepted by the two thirds of the Members of the Organization, excluding the Associate Members.


Any territory or group of territories to which the present Convention is applied in accordance with article 58, by the Member responsible for the international relations of that territory or group of territories, or by the United Nations, may be an Associate Member of the Organization by written notification to the Secretary-General of the Organization by that Member or the United Nations, as appropriate.


Any Associate Member shall have the rights and obligations recognized by this Convention to a Member of the Organization except the right to vote in the Assembly and to be elected a Member of the Council or the Maritime Security Committee, and with these limitations, the word "Member" in this Convention shall be regarded as including the Associate Members, except otherwise provided for in its text.


No State or territory may become a Member of the Organization or continue in that capacity contrary to a resolution of the United Nations General Assembly.



The Organization shall consist of an Assembly, a Council, a Maritime Security Committee and of all auxiliary agencies which the Organization deems necessary to create at any time, and of a Secretary.



The Assembly shall consist of all Members.


The Assembly will meet in regular session once every two years.

Extraordinary meetings of the meeting will be held in a sixty-day notice, provided that one third of the membership has notified the Secretary-General that he wishes to hold a meeting, or at any time if the Council deems it necessary, equally with a sixty-day notice.


Most Members, excluding Associate Members, shall constitute a quorum for Assembly meetings.


The functions of the Assembly shall be:

(a) To elect among its Members, excluding the Associate Members, at each ordinary meeting, a President and two Vice-Presidents to remain in office until the next ordinary meeting;

(b) To determine its own rules of procedure, except as otherwise provided for in this Convention;

(c) Establish temporary assistance agencies or, if recommended by the Council, the permanent deemed necessary;

(d) To elect members to be represented in the Council under article 17, and in the Maritime Security Committee in accordance with article 28;

(e) To receive and consider the reports of the Council and to resolve any matters submitted to it;

(f) Vote the budget and establish the financial functioning of the Organization, in accordance with Part IX;

(g) Reviewing expenditures and approving the accounts of the Organization;

(h) To carry out the functions of the Organization in the light of the fact that the Assembly will submit them to the Council with a view to making recommendations or relevant instruments, provided that all instruments or recommendations submitted by the Council and not accepted by the Assembly are submitted to the Council for further consideration with the comments that the Assembly may make;

(i) Recommend to Members the adoption of maritime security regulations or amendments to such regulations by the Maritime Security Committee through the Council;

(j) To transmit to the Council for its consideration or decision any matter covered by the purposes of the Organization, except the role of making recommendations provided for in the present article (i), which may not be delegated.



The Council shall consist of sixteen Members, as follows:

(a) Six Governments of countries with the greatest interest in the provision of international maritime services;

(b) Six will be the Governments of other countries with the greatest interests in international maritime trade;

(c) Two shall be elected by the Assembly among the Governments of countries with substantial interest in the provision of international maritime services;

D) Two will be elected by the Assembly from among the Governments of countries with substantial interests in international maritime trade.

In accordance with the principles set forth in this article, the first Council shall be constituted in accordance with the provisions of Annex I to this Convention.


Except in the case provided for in Annex I to this Convention, the Council shall determine, for the purposes of implementation of Article 17 (a), the Members, Governments of countries with the greatest interest in the provision of international maritime services and shall also determine, for the purposes of implementation of Article 17 (c), the Members, Governments of countries with substantial interest in the provision of such services. These determinations shall be made by a majority vote of the Council, which shall comprise the majority of votes of the Members represented in the Council designated by art. 17 (a) and (c). The Council will then determine for the purposes of implementation of art. 17 (b), Members, Governments of countries with the greatest interests in international maritime trade.

Each Council shall establish such determinations within a reasonable time prior to each ordinary session of the Assembly.


Members represented in the Council under article 17, shall continue to serve until the close of the next ordinary meeting of the Assembly. Members are eligible for re-election.


(a) The Council shall designate its President and shall establish its own rules of procedure except as otherwise provided for in this Convention;

(b) Twelve members of the Council shall constitute a quorum;

(c) The Council shall meet as frequently as necessary for the efficient performance of its functions, by convening its President or at the request of at least four of its Members, engaged in a one-month notice. He will meet in the place he deems appropriate.


The Council shall invite any Member to participate without the right to vote in the proceedings relating to any matter of particular interest to it.


(a) The Council shall receive the recommendations and reports of the Maritime Security Committee and transmit them to the Assembly, and if it is not in session, to Members for their information, accompanying them with their comments and recommendations;

(b) The issues provided for in article 29 shall be considered by the Council only with prior views of the Maritime Security Committee.


The Council shall, with the approval of the Assembly, appoint the Secretary-General. The Council shall make arrangements for the appointment of any other staff that may be required and shall set the terms and conditions of employment of the Secretary-General and staff, which shall be in accordance with the provisions established by the United Nations and its specialized institutions.


The Council shall submit a report to the Assembly at each regular meeting on the work of the Organization since the previous ordinary meeting of the Assembly.



The Council shall submit to the Assembly the budget and the status of accounts of the Organization, together with its comments and recommendations.


The Council may conclude agreements or conventions concerning the relations of the Organization with other organizations, in accordance with the provisions of Part XII. Such agreements or conventions shall be subject to the approval of the Assembly.


Among the ordinary meetings of the Assembly, the Council shall perform all the functions of the Organization, except the role of making the recommendations, as provided for in article 16 (i).


(a) The Maritime Safety Committee shall consist of fourteen Members elected by the Assembly from among the Governments of the countries that have an important interest in maritime security matters, of which eight shall at least be the countries that possess the most important merchant fleets; the others shall be elected in a manner that ensures adequate representation, on the one hand, to the Governments of the other countries with significant interests in the matters of natural security, such as the countries with the largest number of passengers

(b) Members of the Maritime Safety Committee shall be elected for a term of four years and are eligible for re-election.



(a) The Maritime Safety Committee should consider all matters falling within the competence of the Organization and concerning the assistance of the navigation, construction and enlistment of ships, to the extent that they are involved in security, regulations aimed at preventing collisions, handling of dangerous cargo, regulating security at sea, hydrographic reports, on-board newspapers and documents that interfere with maritime navigation, as well as surveys of maritime assets and

(b) The Maritime Safety Committee shall establish a system to fulfil its obligations under this Convention or the Assembly, or which may be entrusted to it within the purposes of this article by any intergovernmental instrument;

(c) Taking into account the provisions of Part XII, the Maritime Safety Committee should maintain close relations with other intergovernmental bodies dealing with transport and communications, which could assist the Organization in achieving its purposes by increasing security at sea and by facilitating, from a security and rescue perspective, the coordination of maritime, aviation, telecommunications and meteorology activities.


The Maritime Security Committee, through the Council, shall:

(a) To submit to each ordinary meeting of the Assembly the proposals made by Members concerning security regulations or amendments to those already in place, together with their comments or recommendations;

(b) To report to the Assembly on its work since the last ordinary meeting.


The Maritime Safety Committee will meet once a year, and at any time five members request them. The Committee shall elect its authorities annually and establish its internal rules of procedure. Most of its members will constitute a quorum.


The Maritime Safety Committee shall invite any Member to participate, without the right to vote, in its deliberations on any matter of particular interest to the Committee.


The Secretariat shall be composed of the Secretary-General, a secretary of the Maritime Safety Committee, and such personnel as may be required by the Organization. The Secretary-General is the highest official of the Organization and, in accordance with article 23, shall designate the above-mentioned staff.


The Secretariat will keep up with all the files necessary for the efficient implementation of the tasks of the organization and prepare, compile and distribute the notes, documents, day orders, records and reports useful to the work of the Assembly, the Council, the Maritime Security Committee and those subsidiary bodies that the Organization may create.


The Secretary-General shall prepare and submit to the Council the annual accounts and a biennial budget proposal, indicating separately the forecasts for each year.


The Secretary-General shall keep members informed of the entire activity of the Organization. A Member may designate one or more representatives to maintain communication with the Secretary-General.


In carrying out their duties the Secretary-General and staff shall not request or receive instructions from any Government, or from any authority outside the Organization. They shall refrain from any act incompatible with their status as international officials. Each Member of the Organization, for its part, undertakes to respect the exclusively international character of the functions of the Secretary-General and staff, and will not attempt to influence them in the performance of those functions.


The Secretary-General shall perform any other functions entrusted to him by this Convention, the Assembly, the Council and the Committee on Maritime Safety,


Each Member shall be responsible for emoluments, transfer costs and others of its own delegation to the Assembly and its representatives on the Council, the Maritime Security Committee, as well as other Committees and subsidiary bodies.


The Council will review the statements of accounts and the proposed budget established by the Secretary-General and submit them to the Assembly, together with their comments and recommendations.


With the exception of an agreement between the Organization and the United Nations, the Assembly will review and approve the budget. The Assembly, taking into account the Council ' s proposals in this regard, shall apportion the amount of expenditures among all Members, in accordance with a scale to be set by it.


Any Member who does not comply with its financial obligations to the Organization within one year of the expiration of such obligations shall not have the right to vote in the Assembly, in the Council, or the Maritime Safety Committee, except when the Assembly, in its view, exempts it from this provision.


The following provisions shall apply to voting in the Assembly, the Council and the Maritime Security Committee:

(a) Each member shall have one vote;

(b) Except where otherwise provided in the present Convention, or in an international agreement conferring powers on the Assembly, the Council or the Maritime Security Committee, the decisions of these bodies shall be taken by a majority of the members present and voting. In decisions requiring a two-thirds majority of votes, they shall be made by a two-thirds majority of the members present;

c) For the purposes of this Convention, the term "Members present and voting", means "Members present and casting an affirmative or negative vote". Members who abstain are regarded as not voting.


(a) The headquarters of the Organization will be established in London;

(b) The Assembly may, by the vote of a two-thirds majority, establish, if necessary, the headquarters of the Organization elsewhere;

(c) The Assembly may, if the Council deems it necessary, meet in a different location from headquarters.


The Organization shall be linked to the United Nations, in accordance with Article 57 of the Charter of the United Nations, as a specialized agency in maritime navigation. Relationships shall be established by an agreement with the United Nations under art. 63 of the Charter of the United Nations in accordance with article 26 of the present Convention.


The Organization shall work with any of the specialized agencies of the United Nations in any matter that may be of common interest to the Organization, for such specialized agency and in the consideration of these matters shall proceed in accordance with the specialized agency concerned.


The Organization may, in any matter within its purview, collaborate with other intergovernmental organizations other than the specialized agencies of the United Nations, but whose interests and activities are related to the purposes of the Organization.


The Organization may, in any matter falling within the scope of its purposes, conclude appropriate agreements for consultation and collaboration with international non-governmental organizations.


Subject to the approval of the Assembly, decided by a two-thirds majority of votes, the Organization may, by any other governmental or non-governmental international organization, take those functions, resources and obligations which are within the purposes of the Organization and may be transferred to it under international conventions or mutually satisfactory agreement agreed by the competent authorities of the respective organizations concerned. The Organization may also assume all administrative functions that are within its purview and which have been entrusted to a Government, in accordance with the terms of an international instrument.


The legal capacity, privileges and immunities recognized or linked to the Organization shall be governed by the General Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the Assembly of the United Nations on 21 November 1947, subject to any amendments that may be included in the final (or revised) text of the annex adopted by the Organization, in accordance with sections 36 and 38 of the above-mentioned General Convention.


As long as it has not acceded to the General Convention, each member, as far as the Organization is concerned, undertakes to implement the provisions of annex II to this Convention.


The texts of the draft amendments to this Convention shall be communicated to members by the Secretary-General, at least six months in advance of their consideration by the Assembly. The amendments will be adopted by the Assembly by a two-thirds majority of votes, including two of the majority of the members represented in the Council. Twelve months after its acceptance by two thirds of the members of the Organization, excluding associate members, the amendment shall enter into force, for all members, except for those who, prior to its entry into force, made a statement that does not accept the amendment. The Assembly may determine by a two-thirds majority of votes, at the time of the adoption of an amendment, that this is of such a nature that any member who has made such a declaration and who has not accepted the amendment within twelve months of the date of its entry into force shall cease, at the expiration of that time limit, to be a party to the Convention.


Any amendment adopted under the conditions provided for in article 52 shall be deposited with the Secretary-General of the United Nations, who shall immediately send copies thereof to all members.


Statements or acceptances provided for in article 52 shall be communicated by instrument to the Secretary-General for deposit with the Secretary-General of the United Nations. The Secretary-General shall notify members of the receipt of that instrument and of the date on which the amendment shall enter into force.


Any question or difference that may arise concerning the interpretation or application of this Convention shall be submitted to the Assembly for its resolution, or shall be resolved in any manner in which the parties agree. No provision in this article shall prevent the Council or the Maritime Safety Committee from resolving any difference or issue arising during the duration of its mandate.


Any legal issue which could not be resolved by the means set out in article 55 shall be submitted by the Organization to the International Court of Justice for advisory opinion, in accordance with article 96 of the Charter of the United Nations.


Subject to the provisions of part III, this Convention shall remain open for signature or acceptance, and States may become parties to the Convention by:

(a) The signature without reservation on acceptance;

(b) The signature, subject to acceptance, followed by acceptance;

(c) Acceptance.

Acceptance shall be made through the deposit of an instrument with the Secretary-General of the United Nations.


(a) Members may at any time declare that their participation in this Convention includes all, or a group, or one of the territories for which international relations are responsible;

(b) This Convention shall not apply to territories of whose international relations a member is responsible, but through a declaration to that effect that has been made on his behalf, as provided for in subparagraph (a) of this article;

(c) Any declaration made pursuant to subparagraph (a) of this article shall be communicated to the Secretary-General of the United Nations, who shall send a copy thereof to all States invited to the United Nations Maritime Conference, as well as to any other State that has become a member;

(d) In cases where, under a guardianship agreement, the United Nations Organization is the administrative authority, the Organization may accept the Convention with respect to one, or several or all of the territories under guardianship, in accordance with the procedure set out in article 57.


(a) Any member may withdraw from the Organization by notifying in writing the Secretary-General of the United Nations, who shall immediately disclose such notification to the other members and the Secretary-General of the Organization. Such notification may be made at any time after the expiration of a period of twelve months from the date of entry into force of the Convention. The withdrawal shall take effect twelve months after the date on which the written notification is received by the Secretary-General of the United Nations;

(b) The application of the Convention to a territory or groups of territories in accordance with article 58 may be terminated at any time, by written notification to the Secretary-General of the United Nations, addressed by the member responsible for his international relations, or by the United Nations, if it were a territory under guardianship whose administration belongs to the United Nations. The Secretary-General of the United Nations shall immediately inform all members and the Secretary-General of the Organization of such notification. The notification shall take effect twelve months after the date of receipt by the Secretary-General of the United Nations.


This Convention shall enter into force on the date on which twenty-one States of which seven have a global ton of not less than one million gross tonnes have acceded to it, in accordance with article 57.

The Secretary-General of the United Nations shall inform all States invited to the United Nations Maritime Conference and any other State to become a member of the date on which each State is a party to the Convention, and also of the date on which the Convention enters into force.


The present convention, of which the English, French and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies to each of the States invited to the United Nations Maritime Conference and to any other State that becomes a member.


The United Nations is authorized to register the Convention as soon as it enters into force.

In testimony to which the subscribers duly authorized by their respective Governments for that purpose have signed this Convention.

Given in Geneva on the six days of May 1948.

Afghanistan.
Albania.
Argentina (subject to acceptance). Benito P. Llambí; Carlos Alberto Pardo; Atilio Malvagni; Bernardo Mayantz; Guillermo Montenegro; Alfredo Cappagli Lanusse; Juan Eugenio Peffabet.
Australia (subject to acceptance by the Australian Government). J. A. Beasley.
Belgium (subject to acceptance). M.H. de Voss; M.J.A.T.J. Denoel.
Bolivia.
Brazil.
Bulgaria.
Soviet Socialist Republic of Belarus.
Canada.
Chile (subject to acceptance). Carlos Valenzuela M.
China.
Colombia (subject to acceptance). Ernesto Gaviria; Gabriel
Giraldo-Jaramillo.
Costa Rica.
Cuba.
Czecheslovakia.
Denmark.
Dominican Republic.
Ecuador.
Egypt (subject to acceptance). Mahmoud Aly Alluba; Mahmoud Hamdy; Ahmed Abdel Hadi.
El Salvador.
Ethiopia.
Finland (subject to acceptance). Svante A. Sudman.
France (subject to acceptance). M. Gustave Anduze-Faris.
Greece (subject to acceptance) Athanasios Tesemberopoulos; A. Bachas.
Guatemala.
Haiti.
Honduras.
Hungary.
Iceland.
India (subject to acceptance). Ramaswami Mudaliar.
Iran.
Iraq.
Ireland (subject to acceptance). Thekla J. Beere.
Italy (subject to acceptance). Giuglio Ingianna.
Lebanese (subject to acceptance by the Lebanese Government). Jamil
Mikaoví.
Liberia.
Luxembourg.
Mexico.
Netherlands (subject to government acceptance). J. J. Hey.
New Zealand.
Nicaragua.
Norway.
Pakistan.
Panama.
Paraguay.
Peru.
Philippines.
Poland (subject to the acceptance of my Government). Stanislaw Darski.
Portugal (subject to acceptance). César De Sousa Mendes;
Eduardo Pereira Viana.
Romania.
Saudi Arabia.
Siam.
Sweden.
Switzerland (subject to acceptance). Jean Merminod; Max Custer.
Syria.
Transjordania.
Turkey (subject to acceptance). Hasan Nurelgin.
Soviet Socialist Republic of Ukraine.
South African Union.
Union of Soviet Socialist Republics.
United Kingdom of Great Britain and Northern Ireland (subject to acceptance). William G. Weston.
United States (subject to acceptance). Garrison Norton; Huntington
T. Morse.
Uruguay.
Venezuela.
Yemen.
Yugoeslavia.


In accordance with the principles set forth in article 17, the first Council shall be constituted as follows:

(a) The six members referred to in article 17 (a) shall be:

United States of America, Greece, Netherlands, Norway, United Kingdom, Sweden.

(b) The six members referred to in article 17 (b) shall be:

Argentina, Australia, Belgium, Canada, France, India.

(c) Two members elected by the Assembly, as provided for in article 17 (c) of a list proposed by the six members designated in paragraph (a) of this annex.

(d) Two members elected by the Assembly, as provided for in article 17 (d) among members with substantial interest in international maritime trade.


The following provisions on legal capacity, privileges and immunities shall be applicable to or in respect of the members of the Organization until they have accepted the General Convention on the Privileges and Immunities of Specialized Agencies in respect of the organization.

1. The Organization shall enjoy in the territory of each of its members the legal capacity necessary for the fulfilment of its purposes and the exercise of its functions.

2. (a) The Organization shall enjoy in the territory of each of its members the privileges and immunities necessary for the fulfilment of its purposes and the exercise of its functions.

(b) Representatives of members, including alternates, advisers, officials and employees of the Organization, shall equally enjoy the privileges and immunities necessary for the independent exercise of their functions, as soon as they are related to the Organization.

3. In the application of the provisions of paragraphs 1 and 2 of this annex, members shall, to the extent possible, take into account the types of clauses of the General Convention on the Privileges and Immunities of the specialized agencies.