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On The 1999 International Convention On Arrest Of Ships

Original Language Title: Par 1999.gada Starptautisko konvenciju par kuģu arestu

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The Saeima has adopted and the President promulgated the following laws: The 1999 International Convention on arrest of ships article 1. on 12 March 1999, the International Convention on arrest of ships (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Convention shall enter into force on its article 14 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The Ministry of transport shall coordinate the fulfilment of the obligations provided for in the Convention. The Parliament adopted the law of 2001 on October 18. The President of the Parliament instead of the President j. stream in 2001 Riga on 26 October International Convention on arrest of ships, 1999, the States parties to this Convention, Recognizing the desirability of facilitating the orderly development of harmonio and seaborn trade, Convinced the world of the not for a legal instrument establishing cessity international uniformity in the field of arrest of ships which takes account of recent developments in related fields , Have agreed as follows: article 1 Definition For the purpose of this Convention: 1. "maritime claim" means a claim arising out of one or more of the following: (a) loss or damage caused by the operation of the ship; (b) loss of life or personal injury occurring on land or on water, whethers, in direct connection with the operation of the ship; (c) salvage operations or any salvage agreement, including, if applicable, special compensation relating to salvage operations in respect of a ship which by itself or its cargo threatened damage to the environment; (d) damage or threat of damage caused by the ship to the environment, or related interests coastlin; the measure taken to prevent, minimize, or remove such damage; compensation for such damage; costs of reasonable measure of reinstatemen of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; and damage, costs, or loss of a similar nature to those identified in this subparagraph (d); (e) expense relating to costs or of the raising, removal, recovery, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship, and expense relating to costs or of the preservation of an abandoned ship and maintenance of its crew; (f) any agreement relating to the use or hire of the ship, in a charter party led whethers or otherwise; (g) any agreement relating to the carriage of goods or passenger on board the ship, whethers led in a charter party or otherwise; (h) loss of or damage to or in connection with goods (including luggag) carried on board the ship; (i) general average; (j) towag; (k) pilotag; (l) goods, materials, provision of bunker; equipment (including containers) supplied or services rendered to the ship for its operation, management, preservation or maintenance; (m) construction, development, repair, converting or equipping of the ship; (n) port, canal, dock, harbour and other waterway du and charges; (o) the sum of the WAGs and others due to the master, officers and other members of the ship's complemen in respect of their employment on the ship, including costs of repatriation and social insurance contributions payable on their behalf; (p) on behalf of the incurred disbursement of the ship or its owners; (q) insurance premium (including mutual insurance calls) in respect of the ship, payable by or on behalf of the shipowner or the charterer demis; (r) any commission, fees or agency brokerag payable in respect of the ship by or on behalf of the shipowner or the charterer demis; (s) any dispute as to ownership or possession of the ship; (t) any dispute between the co-owner of the ship as to the employment or earnings of the ship; (u) a mortgage or "hypotheque" or a charge of the same nature on the ship; (v) any dispute arising out of a contract for the sale of the ship. 2. "arrest" means any detention or restriction on removal of a ship by order of a court to secure a maritime claim, but does not include the chicken pox vaccine and of a ship in execution or satisfaction of a judgement or other enforceabl of the instrument. 3. "Person" means any individual or partnership or any public or private body, whethers corporate or not, including a State or any of its subdivisions to mobility scooters. 4. "Claiman" means any person asserting a maritime claim. 5. "Court" means any competent judicial authority of a State to be. Article 2 the Power of arrest A ship may be arrested 1 or released from arrest only under the authority of a Court of the State Party in which the arrest is effected. 2. A ship may only be arrested in respect of a maritime claim but in respect of the other claim. 3. A ship may be arrested for the purpose of obtaining security notwithstanding that, by virtue of a jurisdiction clause or arbitration clause in any relevant contract, or otherwise, the maritime claim in respect of which the arrest is effected is to be adjudicated in a State other than the State where the arrest is effected, or is to be arbitrated , or is to be adjudicated subject to the law of another State. 4. Subject to the provision of this Convention, the procedure relating to the arrest of a ship or its release shall be governed by the law of the State in which the arrest was effected or applied for. Article 3 the exercise of right of arrest 1. Arrest is permissibl of any ship in respect of which a maritime claim is asserted if: (a) the person who owned the ship at the time when the maritime claim aros is liabl for the claim and is owner of the ship when the arrest is effected; or (b) the charterer of the ship by demis at the time when the maritime claim aros is liabl for the claim and is owner of the charterer or demis of the ship when the arrest is effected; or (c) the claim is based upon a mortgage or "hypotheque" or a charge of the same nature on the ship; or (d) the claim relate to the ownership or possession of the ship; or (e) the claim is against the owner, charterer, manager or operator of the demis of the ship and is secured by a maritime lien which is granted or under the law of «arise of the State where the arrest is applied for. 2. Arrest is also permissibl of any other ship or ships which, when the arrest is effected, is or are owned by the person who is liabl for the maritime claim and who was, when the claim aros: (a) owner of the ship in respect of which the maritime claim aros; or (b) the charterer, time charterer demis or voyage charterer of that ship. This provision does not apply to claims in respect of ownership or possession of a ship. 3. Notwithstanding the provision of paragraph 1 and 2 of this article, the arrest of a ship which is not owned by the person liabl for the claim shall be permissibl only if, under the law of the State where the arrest is applied for, a judgement in respect of that claim can be enforced against that ship by judicial or forced sale of that ship. Article 4 release from arrest 1. A ship which has been arrested shall be released when sufficient security has been provided in a satisfactory form, save in cases in which a ship has been arrested in respect of any of the maritime claims enumerated in article 1, paragraph 1 (s) and (t). In such cases, the Court may permit the person in possession of the of the ship to continue trading the ship, upon such person providing sufficient security, or may otherwise deal with the operation of the ship during the period of the arrest. 2. In the absence of agreement between the parties as to the sufficiency and form of the security, the Court shall determin it is nature and the amount thereof, not exceeding the value of the arrested ship. 3. Any request for the ship to be released upon security being provided shall not be construed as an acknowledgement of liability nor as a waiver of any defence or any right to limit liability. 4. If a ship has been arrested in a non-party State and is not released although security in respect of that ship has been provided in a State Party in respect of the same claim, that security shall be ordered to be released on application to the Court in the State Party. 5. If in a non-party state the ship is released upon satisfactory security in respect of that ship being provided, any security provided in a State Party in respect of the same claim shall be ordered to be released to the exten to that the total amount of the security provided in the two States exceeds 100: (a) the claim for which the ship-has been arrested , or (b) the value of the ship whichever is the lower. Such release shall, however, not be ordered unless the security provided in the non-party State will actually be available to the claiman and will be freely transferabl. 6. Where paragraph 1 of them pursuan this article, security has been provided, the person providing such security may at any time apply to the Court to have that security reduced, modified, or cancelled. Article 5 right of re-arrest and multiple arrest 1. Where in any State a ship has already been arrested and released or security in respect of that ship has already been provided to secure a maritime claim, that ship shall not thereafter be rearrested or arrested in respect of the same maritime claim unless: (a)) the nature or amount of the security in respect of that ship already provided in respect of the same claim is inadequat» , on condition that the aggregate amount of security may 12 notes the value of the ship; or (b) the person who has) already provided the security is not, or is unlikely to be, able to fulfil some or all of the person's obligation; or (c)) the ship arrested or the security previously provided was released either: (i) upon the application or with the consent of the acting on reasonable ground to claiman, or (ii) because the claiman could be not by taking reasonable steps prevent the release. 2. Any other ship which would otherwise be subject to arrest in respect of the same maritime claim shall not be arrested unless: (a) the nature or amount of the security already provided in respect of the same claim is inadequat; or (b) the provision of paragraph 1 (b) or (c) of this article with the applicable. 3. "release" for the purpose of this article shall not include any unlawful release or escape from arrest. Article 6 Protection of the owner and the charterer of the ship arrested demis 1. The Court may as a condition of the arrest of a ship, or of permitting an arrest already effected to be maintained, the impost upon the who to seek their claiman arrest or who has procured the arrest of the ship the obligation to provide security of a kind and for an amount, and upon such terms as may be determined by that Court for any loss which may be incurred by the defendan as a result of the arrest , and for which the may be found in the liabl claiman, including but not restricted to such loss or damage as may be incurred by that of the defendan in consequences: (a) the arrest having been wrongful the or unjustified; or (b) having been excessiv security demanded and provided. 2. The courts of the State in which an arrest has been effected shall have jurisdiction to determin the exten of the liability, if any, of the loss or claiman for damage caused by the arrest of a ship, including but not restricted to such loss or damage as may be caused in the consequences of (a) the arrest having been wrongful the or unjustified , or (b) having been excessiv security demanded and provided. 3. The liability, if any, of the claiman in accordanc with paragraph 2 of this article shall be determined by application of the law of the State where the arrest was effected. 4. If a court in another State or is it UN CAs tribunal determin the Merritt of the cas in accordanc with the provision of article 7, then proceedings relating to the liability of the claiman in accordanc with paragraph 2 of this article may be stayed pending that decision. 5. Where paragraph 1 of them pursuan this article security has been provided, the person providing such security may at any time apply to the Court to have that security reduced, modified or cancelled. Article 7-Jurisdiction on the Merritt of the case 1. The courts of the State in which an arrest has been effected or security provided to obtain the release of the ship shall have jurisdiction to determin this cas upon it, Merritt unless the parties validly agree or have validly agreed to submit the dispute to a Court of another State which accept the jurisdiction, or to arbitration. 2. Notwithstanding the provision of paragraph 1 of this article, the courts of the State in which an arrest has been effected or security provided to obtain, the release of the ship, may it exercise refus that jurisdiction where that refusal is permitted by the law of that State and a Court of another State to accept jurisdiction. 3. In cases where a Court of the State where an arrest has been effected or security provided to obtain the release of the ship: (a) does not have jurisdiction to determin this cas upon it Merritt; or (b) has refused to exercise jurisdiction in accordanc with the provision of paragraph 2 of this article, such court may, and upon request shall, order a period of time within which the proceedings shall be claiman bring before a court or tribunal competent to CAs. 4. If proceedings are not within the period of the brough time ordered in accordanc with paragraph 3 of this article then the ship arrested or the security provided shall, upon request, be ordered to be released. 5. If proceedings with brough a within the period of time ordered in accordanc with paragraph 3 of this article, or if proceedings before a competent court or tribunal in another State with the CAs brough in the absence of such order, any final decision resulting therefrom shall be recognized and given effect with respect to the arrested ship or to the security provided in order to obtain its release , on condition that: (a) the defendan has been given a reasonable notice of such proceedings and a reasonable opportunity to present the case for the defence; and (b) such recognition is not against public policy (ordre public). 6. Nothing led in the provision of paragraph 5 of this article shall restrict any further effect given to a foreign judgement or CAs award under the law of the State where the arrest of the ship was effected or security provided to obtain its release. Article 8 Applications 1. This Convention shall apply to any ship within the jurisdiction of any State Party, whethers or not that ship is flying the flag of a State Party. 2. This Convention shall not apply to any fuels Pakistan, naval auxiliary or other ships owned or operated by a State and used, for the time being, only on Government non-commercial service. 3. This Convention does not be affec any rights or powers vested in any Government or its departments, or in any public authority, or in any dock or harbour authority, under any international convention or under any domestic law or regulation, to detain or otherwise prevent from sailing any ship within their jurisdiction. 4. This Convention shall not be affec the power of any State or court to make orders the totality of a debtor regimes ' s assets. 5. Nothing in this Convention shall be affec the application of an international convention providing for limitations of liability, or domestic law giving effect theret, in the State where an arrest is effected. 6. Nothing in this Convention shall modify or affec the rules of law in force in the States parties relating to the arrest of any ship physically within the jurisdiction of the State of its flag procured by a person whose habitual residence or principal place of business is in that State, or by any other person who has acquired a claim from such person by subrogation , assignment or otherwise. Article 9 Non-creation of maritime liens Nothing in this Convention shall be construed as creating a maritime lien. Article 10 reservations 1. Any State may at the time of signature, ratification, acceptance, approval, or accession, or at any time thereafter, reserve the right to exclude the application of this Convention to any or all of the following: (a) ships which are not seagoing; (b) ships not flying the flag of a State Party; (c) the claims under article 1, paragraph 1 (s). 2. A State may, when it is also a State Party to a specified treaty on navigation on the inland waterway, declare when signing, ratifying, accepting, approving or acceding to this Convention, that rules on jurisdiction, recognition and execution of court decision provided for in such treats to IR prevails over the rules led in article 7 of this Convention. Article 11 this Convention shall be Depositary deposited with the Secretary-General of the United Nations. Article 12 signature, ratification, acceptance, approval and accession 1 this Convention shall be open for signature by any State at the headquarters of the United Nations, New York, from 1 September 1999 to 31 August 2000 and shall thereafter remain open for accession. 2. States may express their consent to be bound by this Convention by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the depositary. Article 13 States with more than one system of law 1 If a State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. 2. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. 3. In relations to a State Party which has two or more systems of law with regard to arrest of ships applicable in different territorial units, references in this Convention to the Court of a State and the law of a State shall be construed as referring respectively to the Court of the relevant territorial unit within that State and the law of the relevant territorial unit of that State. Article 14 Entry into force this Convention shall enter 1 into force six months following the date on which 10 States have expressed their consent to be bound by it. 2. For a State which express consent to it it be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall be take effect three months after the date of expression of such consent. Article 15 Revision and Amendment 1 A Conference of States parties for the purpose of revising or amending this Convention shall be convened by the Secretary-General of the United Nations at the request of one-third of the States parties. 2. Any consent to be bound by this Convention, expressed after the date of entry into force of an amendment to this Convention, shall be deemed to apply to the Convention as amended. Article 16 Denunciation 1. This Convention may be denounced by any State Party at the time after the airy date on which this Convention will enter into force for that State. 2. Denunciation shall be effected by the deposit of an instrument of denunciation with the depositary. 3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the depositary. Article 17 this Convention is established in the Language in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Done AT Geneva this twelfth day of March, one thousand nine hundred and ninety-nine. In WITNESS WHEREOF the undersigned being duly authorized by their Governments to the respectiv for that purpose have signed this Convention.

the 1999 International Convention on arrest of ships of Member States of the Convention, recognizing the need to promote the harmonious and progressive global maritime trade development, convinced of the necessity of a legal document, which created a common global framework for seizing the vessel, taking into account the latest developments in this field, have agreed as follows: article 1 definitions under this Convention: 1. "maritime claim" means a claim, based on one or more of the following circumstances : (a) loss or damage caused by the operation of the vessel; (b) loss of life or personal injury, caused by water or on land in direct connection with the operation of the ship; (c) salvage or any rescue agreement, including the special compensation, if any, applicable to the rescue of a ship or cargo which created the danger for the environment. (d) loss or threat to the environment, coastline or related interests caused by the ship; such reasonable and justified measures taken to reduce or eliminate such losses; remuneration for such damage; the costs of such measures taken or to be taken to restore the natural environment, resulting from the loss or could occur in a third party in connection with any such breach; and (d) the circumstances referred to similar losses, loss or costs; (e) the costs and expenses associated with submerged, damaged, grounding or abandoned vessel removal, handling, recovery, destruction or making harmless, including all that is or who was on board, as well as costs or expenses related to the maintenance of the ship and abandoned its maintenance crew; (f) a contract for hire or use, in accordance with the Charter or any other agreement; (g) contract for cargo or passenger ship, in accordance with the Charter or any other agreement; (h) loss or damage to goods or in relation to the goods (including baggage) that are transported by ship; (i) the General accident; (j) the towing services; (k) the provision of pilotage services; (l) the operation, management, preservation or maintenance of the delivered goods, materials, supplies, fuel, equipment (including containers) or services; (m) construction, repair, restoration, conversion of the vessel or installation; (n) port, Canal, dock and other waterway dues and charges; (o) the master, officers and other members of the crew for wages and other amounts arising from their employment on the ship, including costs of repatriation and social insurance payments; (p) krastaprūp to a ship or its owner's expense; (q) insurance premiums (including mutual insurance contributions), which pays the owner or charterer, or dimaiz is paid by the owner or charterer on behalf of the dimaiz; (r) any commissions, broker or agent service charges paid by the owner or charterer or dimaiz are paid by the owner or charterer on behalf of the dimaiz in relation to the ship; (s) any disputes relating to the ownership or possession of the ship; (t) any disputes between co-owners of a ship or ships for profit; (u) a mortgage or mortgage of the ship or any claim for the same kind of burden in relation to the ship; (v) any dispute relating to the contract of sale of the ship; 2. "arrest" means any detention or movement of the ship ban, in accordance with the decision of the Court of Justice, to ensure the maritime claim. The arrest did not mean the seizure of the ship to comply with the judgment of the Court of Justice or other coercive mechanism. 3. "Person" means any natural or legal person, private or public, corporate or not, including a State or any of its competent bodies. 4. "Applicant" means any person who raises the sea requirement. 5. "Court" means any competent national court. Article 2 conditions 1. arrest of a ship may be arrested or released from arrest only by decision of the Court of the Member State where the arrest is requested or imposed. 2. Vessels can arrest only if there is a in relation to it (there is) the sea requirement. 3. the Board may arrest him, to ensure that the requirements of the sea, even when acting in accordance with the rules on jurisdiction, arbitration or otherwise, of the maritime claims secured by arrest, essentially decide a court or Court of another State or another country, in accordance with the law. 4. in accordance with the requirements of this Convention, the arrest or release of the arrest procedure shall be governed by the legal provisions of the country in which the arrest is sought or imposed. Article 3 right to arrest any vessel 1. arrest is permissible, if it exists in the sea requirement, provided that: (a) if the person who owned the ship Sea requirements occurs is responsible for the claim and is owner of the ship at the time of arrest; or (b) if the person who was the ship's charterer dimaiz sea requirements occurs is responsible for the claim and is the bareboat charterer or dimaiz the owner of the ship at the time of arrest; or (c) a claim arising from the ship's mortgage or other encumbrance of the same kind; or (d) the claim relates to the ownership or possession of the ship; or (e) the claim is against the owner, charterer, dimaiz Board operator, and is provided with sea privilege arising under the law of the country where the arrest was applied. 2. To arrest any other ship or ships which, at the time of the arrest is in the property of a person who is responsible for the maritime claim and the claim which occurred was: (a) the owner of the vessel in respect of which the maritime claim arose; or (b) the ship's voyage, dimaiz, time, or charterer. This part does not apply to claims arising from property and tenure rights. 3. taking into account paragraphs 1 and 2, the ship's seizure, the owner of which is not liable for the maritime claim shall be permissible only if, in accordance with the application of the State seizure laws on sea requirements can be met with legal or forced sale. Article 4 exemption from attachment 1. The Court may replace the arrest with the appropriate security, except when a vessel is arrested based on part 1 of article 1 (s) and (t) following maritime claims. In such cases the Court may permit the person in possession of the vessel to continue to use the craft, imposing the obligation to provide adequate security, or otherwise dispose of the ship during the arrest. 2. If the parties have not agreed on the amount and type of security, the Court may determine the type and extent of which does not exceed the value of the ship arrested. 3. a request to release a ship from arrest against collateral shall not be considered as recognition of liability, Disclaimer of or the right to a defence, the limitation of liability. 4. If the vessel is arrested in a country that is not party to the Convention and is not released from custody, although the security for the same claim is filed, the Court of the Member State on the basis of the submissions, the Court of a Member State that security can be released. 5. If a vessel on the basis of adequate collateral is released from arrest in a State that is not party to the Convention, the security of the Member State for the same requirement must be checked to the extent that the total amount of the security in both countries does not exceed: (a) the amount of the claim, according to which a vessel is arrested, (b) the value of the vessel, the lower amount. This release may be required if the security provided by a State which is not party to the Convention is practically available to the claimant and is freely receivable. 6. a Person who, in accordance with this part of article provides security may at any time ask the Court for such a security reduction, or cancellation. Article 5 right to repeated arrest and multiple attachment 1. Where a State ship was arrested and has been released or the attachment is replaced by another provision, such ships can not arrest him or arrest him again on the same cause of action, except: (a) if the nature and extent of the security in respect of the same claim is inadequate, on condition that the total amount of the security may not exceed the value of the ship; or (b) the person who submitted the security can not or will not be able to meet fully or partly all his obligations; or (c) the ship arrested be released or cancelled previously submitted security: (i) at the request of the plaintiff, with the consent of the applicant or that warranted and reasonable, or (ii) the applicant, acting reasonably, could not stop the seizure. 2. Any other vessels could arrest him based on one and the same claim of the sea, could not arrest him, except: (a) if the nature and extent of the security in respect of the same claim is inadequate; or (b) if of part 1 of this article, (b) and (c) the provisions of subparagraph is applicable. 3. for the purposes of this article, "the release of the vessel" means the release illegal or avoiding arrest. Article 6 Arrested vessel charterer and dimaiz ship owners protection 1. to seize the vessel or its attachment, the Court can impose an obligation on the applicant who asks the ship's arrest or after which the ship is arrested as security requirements, to provide security in such form and amount and on such conditions as the Court considers necessary for any type of damages that might arise as a result of the arrest, the defendant and on which the applicant may be responsible, including any loss or damage which the defendant might arise as a result of: (a) unreasonable or illegal arrest; or (b) the requested and provided excessive security. 2. The Court which decided on the arrest, may decide on damages and reimbursement of expenses incurred as a result of the arrest, including: (a) unreasonable or illegal arrest; or (b) excessive security and application delivery. 3. in determining the responsibility of the applicants, in accordance with part 2 of this article, the applicable laws of the country where the ship was arrested. 4. If the case merits another look of a court or Tribunal in accordance with article 7 of the rules, the proceedings on the petitioner's liability in accordance with this part of article are suspended until the decision of the foreign court. 5. a Person who, in accordance with part 1 of this article has provided security may at any time ask the Court to reduce, modify or cancel coverage. Article 7 proceedings essentially 1. Merits of the court appearance, which was carried out the arrest or attachment has been replaced by other types of collateral, except if the parties agree voluntarily put the dispute to a Court of another State which agrees to rule on the merits, or the Tribunal. 2. Notwithstanding the provisions of article 1, the Court of the State where the arrest was made or security given shall not be considered on the merits, if the case is not the jurisdiction and proceedings as to the substance of the jurisdiction of the Court of another country. 3. If the Court, which decided on the arrest or seizure of the vessel replacement with other types of collateral: (a) is not entitled to see the essence of things; or (b) has refused to see the merits of this article in accordance with the provisions of part 2, the Court shall set the time limit for the applicant to claim for submission to the competent court or arbitral tribunal. 4. If the proceedings are not initiated in accordance with paragraph 3 of this article, within a specified time period, then the request of the parties, the Court may decide on the seized vessel or release of the security lodged. 5. If the proceedings have been initiated in part 3 of this article, within the specified time period, or, if the proceedings in the competent court or arbitral tribunal is started without that decision, then any legitimate entry into force of the court order is recognised and enforceable in respect of the seized vessel or the security lodged, provided that: (a) the defendant is given the appropriate notice of such proceedings and is given adequate opportunity to participate in this process; and (b) such recognition is contrary to public policy of the State. 6. The rules contained in part 5 shall be without prejudice to any foreign judgment or decision of the Tribunal the validity of future, which are in accordance with the laws of the country where the ship was arrested or arrest shall be replaced by the other. 8. Article 1 of this Convention the application is suitable for any vessel under the jurisdiction of a Member State, does not look to it, or a vessel flying the flag of a Member State or not. 2. the Convention shall not apply to warships, vessels or other palīgflot vessels, the State owned and in use, and only use the Government non-commercial purposes. 3. this Convention does not affect any Government or its agencies or any national regulatory authorities or any dock or harbour authority, under any International Convention or national law of any of the rights and powers to detain or otherwise prevent the vessels under their jurisdiction. 4. This Convention does not affect any State or court the right to submit claims to affect the debtor's property. 5. This Convention does not affect the International Convention on limitation of liability, or the application of national laws and regulations governing the seizure of vessels, which recognizes the validity of such a Convention. 6. this Convention shall not modify or affect the Member States ' laws or regulations issued in relation to the flag State of the ship under arrest, on the basis of the requirements of the person whose normal residence or business location in that State or a person who claims a claim assignment, rights acquired succession or otherwise. Article 9 maritime privileges nothing in this Convention shall be understood as the emergence sea privilege. Article 10 Disclaimer 1. signing of the Convention, the instrument of ratification, acceptance, approval or accession, or at any other time, any Member State may dissuade the right to exclude the application of this Convention to one or all of the following cases: (a) vessels that are not jūrasspējīg; (b) vessels not used for the flag of a Member State; (c) the requirements set out in article 1 of the Convention part 1 (s). 2. a State which is also a special contract for the navigation of the inland waters of Member States, in signing, ratifying, accepting, approving or acceding to this Convention, declare that the provisions on jurisdiction, recognition and enforcement of judicial decisions, which are governed by such agreements have greater legal force than article 7 of the Convention. Article 11 of this Convention shall be deposited with the deposit with the Secretary-General of the United Nations. Article 12 signature, ratification, acceptance, approval, accession 1 this Convention shall be open for signature by any State of the United Nations Headquarters in New York, from 1 September 1999 to 31 august 2000 and then is open to joining purpose. 2. States may recognize the binding nature of the Convention: (a) signature without reservation of ratification, acceptance or approval; or (b) signature with reservation as to ratification, acceptance or approval with the subsequent ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession is effected by depositing the instrument with the depositary. Article 13 States that have several legal systems 1. If a State has two or more areas with different systems of law in respect of matters which are settled in this Convention, the following State signing, ratifying, accepting, approving or acceding to declare that this Convention is in force throughout its territory, or in a separate area, and this message may be changed at any time by giving notice to the other. 2. any such notification is registered with the depositary and clearly indicate the territory where this Convention is applicable. 3. If a State has two or more systems of law with regard to the arrest of the ship, and which apply in different territorial units, the reference to national law or litigation under this Convention shall be understood as a reference to territory belonging to the State Court and the territory belonging to the State of the law. Article 14 entry into force 1 this Convention shall enter into force after six months from the date on which 10 States have recognized the binding nature of the Convention. 2. in relation to a State which has recognized the binding nature of the Convention after the entry into force of the Convention are fulfilled the conditions for such recognition shall enter into force three months from the date when such an opinion is expressed. Article 15 review and amend 1. by request of one-third of the Member States, the Secretary-General of the United Nations may convene a Conference of the Member States, the purpose of which is to revise or amend this Convention. 2. any agreement expressed nature of a binding Convention, expressed after the entry into force of amendments, relate to the amended Convention. Article 16 denunciation 1. any Member State may denounce this Convention at any time from the date on which the Convention entered into force for that country. 2. The denunciation is made by depositing an instrument with the depositary. 3. The denunciation shall take effect one year, or such longer period of time, a particular instrument, from the date of deposit of the instrument. Article 17 this Convention drawn up in the language in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Signed in Geneva, one thousand nine hundred and ninety-ninth annual twelfth March. In witness whereof, the undersigned duly authorized government representatives have signed this Convention.