Swiss law and the right of people

Shipping under Swiss flag is governed by Swiss law to the extent compatible with the principles of the law of the people.

Swiss Vessels

¹ Ships of the sea registered in the register of Swiss ships shall be Swiss vessels.

² Basel is the single registration port for Swiss vessels. ¹

Swiss Maritime Pavilion

¹ The Swiss flag can only be flown by Swiss ships. A Swiss ship has the Swiss flag, excluding any other.

² The Swiss flag bears a white cross on a red background; its shapes and proportions correspond to the figure published in the appendix to this Law.

Application of Swiss law

¹ Federal law is in force on board Swiss ships: on the high seas without sharing; in territorial waters as the law of the riparian state is not declared imperative. In the event of the sinking of a Swiss ship, it is in force to the same extent between the survivors.

² Offences within the meaning of the Swiss Penal Code ¹ And other criminal provisions of federal law committed on board a Swiss ship are, however, punishable under Swiss law irrespective of where the ship was when they were committed.

³ The criminal provisions of this Law are also applicable, whether the offences they reprimand have been committed outside Switzerland or Switzerland.

⁴ The author can no longer be punished in Switzerland:

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If he or she has been acquitted abroad for the same act by a judgment in force;

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If he has been given the sentence against him abroad, if the sentence has been given to him, or if it is prescribed.

If he has been abroad only part of the sentence against him, that part will be charged on the sentence to be pronounced.

Conclusion of international conventions by the Federal Council

A.

The prevention of pollution of the seas by ships and the fight against pollution;

B.

Crew safety;

C.

Damage prevention;

D.

Search and rescue measures in the event of shipwreck.

² Before entering into an international convention, he hears interested circles.

Orders of the Federal Council

¹ The Federal Council shall issue the orders necessary for the application of this Law.

² It shall establish, where appropriate, the additional provisions referred to in the international conventions or rules applicable to maritime navigation under the flag of Switzerland.

³ Where the unit amounts or units of account for the calculation of the limitation of liability set out in the international conventions are to be modified, or where essential and lasting changes in the bases of assessment or Calculation, the Federal Council may lower or raise unit amounts (Art. 49, 105, 118 and 126) or fix them in other units of account and determine the conversion process into national currency. ¹

Exceptional measures

¹ The Federal Council may take all necessary measures:

A.

So that the use of the Swiss flag on the sea cannot compromise the security and neutrality of the Confederation, or to avoid international complications;

B.

To bring Swiss maritime navigation to the service of the country's economic supply. ¹

² To this end, the Federal Council may, in particular, requisition or expropriate Swiss vessels against a fair compensation. Disputes concerning its amount shall be determined by the Federal Court, acting in a single instance.

³ If it takes other measures, the Federal Council may, depending on the circumstances, decide to grant compensation where material damage has arisen as a result of the impossibility of otherwise taking advantage of the vessel; this compensation will be allocated to the owner The ship, the shipowner or the carrier.

Power of Interpretation and Appreciation of the Judge

¹ If federal law, in particular this Law, and the international legal rules to which it is referred, does not contain any applicable provisions, the judge shall decide in accordance with the general principles of maritime law. If these principles are lacking, he will rule according to the rules he would establish if he had to act as a legislator, taking into account the legislation, custom, doctrine and jurisprudence of the maritime states.

² The judge shall freely appreciate the value and scope of the evidence, in particular the entries and other texts appearing in the newspapers, registers, books, minutes and reports prepared by the master.

Monitoring

¹ Shipping under the Swiss flag is subject to high monitoring by the Federal Council.

² Immediate supervision is vested in the Federal Department of Foreign Affairs ¹ , which is exercised by the Swiss Agency for Maritime Navigation.

³ The Swiss Agency for Maritime Navigation has the task of ensuring and controlling, according to the instructions of the Federal Department for Foreign Affairs, the application of the provisions relating to maritime navigation under the Swiss flag. It reports to the Federal Department of Foreign Affairs.

Swiss Agency for Maritime Navigation

¹ The Swiss Agency for Maritime Navigation has its headquarters in Basel. It acts with Swiss vessels, either through its own officials or through the Swiss consulates.

² To this end, it deals with and corresponds directly with the consulates and consuls in Switzerland, as well as with the authorities and representatives of foreign states.

³ It may, on the other hand, require, at any time, the owners, shipowners and masters of the Swiss vessels, the information necessary for the exercise of its functions; it has a right of inspection on board the Swiss vessels.

⁴ The Swiss Agency for Maritime Navigation may delegate to recognised classification societies certain inspection, control or decision-making tasks, in particular those laid down in the Maritime Labour Convention of 23 February 2006 ¹ . ²

Swiss Ship Registry Office

¹ The Swiss Ship Registry Office is based in Basel. It shall maintain the register intended for the registration of Swiss vessels and for the recording of the actual rights which concern them.

² Except as otherwise provided in this Law or the resulting ordinances, the Federal Law on the Register of Boats shall apply mutatis mutandis to the keeping of the register of Swiss ships. ¹

Organization of the two Offices; responsibility

¹ The Federal Council provides for the organization and operation of the two offices. It shall adopt the fees to be collected by such Offices or by the Consulates.

² The Confederation shall reply to any damage resulting from the measures and decisions of the two Offices, in particular the keeping of the register of Swiss ships; it shall have a right of appeal against officials and employees who have committed a fault.

Delegation

¹ The Federal Council may, in agreement with the cantonal government concerned, entrust the management of the offices or the exercise of some of their powers to cantonal administrations.

² In this case, the service reports and the liability of officials and employees of such authorities shall be governed, as they act under the provisions of this Act, by federal legislation.

Administrative Jurisdiction

¹ The general provisions of the federal procedure apply to appeals against decisions of the Swiss Agency for Marine Navigation.

² ... ²

Civil Jurisdiction

¹ All actions based on real rights in respect of a ship registered in the register of Swiss ships have their place in Basel, irrespective of the defendant's domicile.

² Civil actions based on unlawful acts committed on board Swiss ships and all other civil actions deriving from this Law shall have their place in Basel if they have no other forum in Switzerland.

³ The actions deriving from the limitation of the liability of the shipowner and the applications for approval of dispache in the case of common damage have their place in Basel.

Criminal jurisdiction

¹ The authorities of the canton of Basel-City shall continue and judge the criminal offences committed on board Swiss ships and the offences specially punished by this Law, unless the jurisdiction of the Criminal Court is provided for Federal or military courts. The proceeds of the fines imposed under this Act shall belong to the canton of Basel-Ville. ¹

² Contraventions provided for in this Law shall be recognised by the Swiss Maritime Navigation Office.

³ The authorities of the canton of Basel-City shall communicate to the Federal Public Prosecutor all criminal judgments and orders of non-place made on the basis of this Law.

I. General conditions

¹ Only ships which are assigned or intended for the professional transport of persons or goods or other professional activities at sea shall be registered in the register of Swiss ships, and in respect of which the Legal conditions of ownership, admission to navigation, name, procedure and those relating to financial means. ¹

² The registration and cancellation of the ship shall be published by the Office of the Swiss Vessel Register in the Federal Worksheet And in The official Swiss trade sheet. ²

II. Corporations and Public Law Institutions

Ships belonging to the Confederation, to cantons or other Swiss corporations or institutions of public law shall be recorded in the register of Swiss ships.

III. Private companies

1. Right to registration

Individual enterprises, commercial companies and cooperative enterprises (enterprises) registered in Switzerland in the register of trade and whose registered office and the actual centre of their activities are in Switzerland may register to Their ships in the register of Swiss ships, provided that they meet the conditions laid down in Art. 20 to 24.

2. Nationality and domicile

As long as international law does not provide otherwise, the Federal Council shall determine the conditions of nationality and domicile to be met by natural persons, the owners of an individual undertaking, Partners, sponsors, shareholders, associates of a cooperative corporation or other beneficiaries of shares, and all managers of a limited partnership, limited partnership or limited liability company.

3. Administrative and control bodies

As long as international law does not provide otherwise, the Federal Council shall determine the conditions of nationality and domicile to be met by the administrative and management bodies of an anonymous company, Limited partnership by shares, a limited liability company or a cooperative corporation, as well as those responsible for the control of such corporations.

4. Shares and shares

¹ The shares are nominative; the company may, subject to the provisions of the code of obligations ¹ , refuse approval of the transfer of registered shares, in particular where the recipient does not meet the conditions set out in this Act or the orders that flow from it. ²

² The quality of the associate of a cooperative society shall not be transmitted by inheritance or by assignment of shares.

³ Shares and shares may not be validly committed, subject to usufruct or any other right unless authorised by the company and entered on the register of shareholders or social shares.

5. Interested Companies and Creditors

The Federal Council determines, within the meaning of s. 20 and 21, the conditions to be met by commercial companies or legal persons acting in Swiss companies that own vessels:

A.

As a partner, limited partner, shareholder, partner of a cooperative corporation, or other beneficial owner;

B.

As a creditor of capital invested with Swiss origin or usufructuary, or under other special rights;

C.

As a monitoring body.

6. Financial means

¹ As long as international law does not otherwise dispose of it, the Federal Council shall lay down requirements for the owner's own funds, as well as the origin of the borrowed capital invested in the owner's ship.

² The owner shall have own funds representing at least 20 % of the carrying value of the vessels registered in his name; for each vessel whose registration is required, the purchase price shall be regarded as the first book value.

³ The Federal Council shall determine to what extent and for what period of time the funds, as a result of losses, may remain below the limit laid down in para. 2.

7. Compliability statement

The Swiss Agency for Marine Navigation shall issue a declaration of status in accordance with the conditions laid down in Art. 18 to 24 are completed.

8. Control

¹ Within nine months after the end of an annual exercise, the owner of a Swiss vessel shall submit to the Swiss Maritime Navigation Office a special revision report certifying that the legal conditions are fulfilled. This revision report shall be prepared by a review union or by a trust company recognized for that purpose by the Federal Council. ¹

² The Federal Council may prescribe for this control the rules on the keeping of records and books of account; it may establish a tariff for revision work.

9. Accrual procedure

¹ When, then, change of nationality, transfer of residence, inheritance, or any other cause, the legal requirements are no longer fulfilled, the owner or his successors in title have a period of 30 days, current of full right from the date of the Failure to comply, to restore the compliance.

² If, past this period, the compliant state could not be restored, or if the parties concerned have not taken the necessary steps to that effect, the Swiss Agency for Marine Navigation may, provided that the lack of conformity persists, suspend the declaration Of the compliant state and remove the letter of sea until full regularization. Suspension and withdrawal are announced to the Federal Council.

³ If the complete regularisation does not take place within three months, the Federal Council may order either the cancellation of the ship on the register of Swiss vessels or, if the economic supply of the country so requires, the sale of the ship By public auction. In this case, the invitation to tender may be made only to a bidder who, according to a certificate from the Swiss Agency for Maritime Navigation, complies with the legal requirements. The Confederation can participate in the auction. The authorities of the canton of Basel-Ville are competent for the auction.

10. Protection of stakeholders

A. Joint ownership and ownership

¹ If, in a partnership or a limited partnership, a partner does not meet or no longer meet the legal requirements, the other partner or partners, as their common interest represents at least half of the share capital and Satisfy themselves the legal conditions, may, upon expiry of a period of 20 days that they have fixed for the purpose of an amicable settlement, exclude, with immediate effect, that in which the conditions are lacking, to deliver to it what it is entitled to In social assets and carry on business alone.

² If in the other cases of co-ownership or joint ownership one of the parties does not meet or no longer fulfils the legal requirements, the other or the others may under the same conditions of interest, capacity and delay, immediately At the end of the indivision, hold the ownership of the ship alone or acquire the part of the failing; the latter has the right to the counter-value of its share.

³ If there is a succession to be shared, the person (s) who meet the legal requirements may require the person (s) who does not fulfill the assignment of the property of the deceased on the ship, on the shares or shares. The competent authority to order the administration of the estate shall, without delay, take the necessary measures to maintain the Swiss property on the ship.

B. Legal persons

¹ When, in an anonymous company, limited by shares or limited liability, a shareholder or partner no longer fulfils the legal requirements, his shares or shares are sold at auction, as the other shareholders or Partners hold, together, at least half of the share capital and that they themselves meet the said conditions.

² The auction shall be ordered by the judge, in an accelerated procedure, at the request of the company, upon expiry of a period of 20 days fixed by the company for the purpose of amicable settlement. The judge shall decide whether the sale is made at public auction or between the parties concerned. The invitation to tender may be made only to a bidder who complies with the requirements of the Swiss Agency for Maritime Navigation, the legal requirements.

³ The shareholder whose shares are in question must remit the shares to the auctioneer, failing which, at the request of the company, the judge shall declare the cancellation immediately without publication or prior warning. It is competent to order the auction and to declare the annulment the judge of the place where the company has its registered office.

⁴ When, in a cooperative society, a partner no longer fulfils the legal requirements, its exclusion may be pronounced.

IV. Admission to navigation

1. Decision

A. In general ¹

¹ The vessel shall be admitted to navigation only by the Swiss Agency for Maritime Navigation.

² Only marine vessels capable of navigation, having a gross tonnage of at least 300 tons and classified by one of the classification societies recognized by the Swiss Agency for Maritime Navigation, shall be eligible for navigation. ²

^2bis Exceptionally, the Swiss Maritime Navigation Office may admit to shipping ships with a gross tonnage of less than 300 tons, provided that the registration is justified by a particular Swiss interest. ³

³ The Federal Council shall, after consulting the circles concerned and taking into account the uses in force in maritime navigation, prescribe the conditions for the classification of Swiss ships. ⁴

B. Boat of inland navigation at sea

The Swiss Agency for Maritime Navigation may lay down appropriate safety conditions and establish the necessary documents for isolated sea routes of inland waterway vessels registered in the Swiss register of vessels which, in In relation to the professional carriage of goods on inland waters, also carry out sea shipping. The regulations of coastal states in the waters of which vessels operate are reserved.

2. Repairs and accommodations

¹ Once registered, the Swiss vessel must constantly respond to the conditions upon which its admission to navigation is subject.

² The Swiss Agency for Maritime Navigation ensures that these conditions are constantly met. If it finds that they are no longer required, it shall set a reasonable period of time for the owner of the vessel to carry out the necessary repairs or arrangements.

³ If the necessary repairs or modifications are not carried out by the owner within that period, or if they prove insufficient, the Swiss Maritime Navigation Office shall suspend the admission to navigation and withdraw the letter of the sea.

Name of the ship

¹ Every Swiss ship bears a name, inscribed in the usual manner in a stern and on either side of the bow.

² The name of the ship must be clearly distinguished from those of other Swiss vessels; it must be approved by the Swiss Agency for Maritime Navigation.

³ The name of the port of registration must be indicated in a stern, under the name of the ship, in one of the three official languages of the Confederation (Basel, Basel, Basilea).

VI. Registration procedure

1. Query

¹ The registration of the ship in the register of Swiss vessels shall be made at the request of the owner.

² The Federal Council shall determine the data to be indicated in the request and the supporting documents to be attached to the request. ¹

³ Any modification of the facts listed above must be carried out without delay by the owner to the knowledge of the Swiss Ship Registry Office, which informs the Swiss Office of Shipping.

2. ...

VII. Non-professional navigation

¹ Exceptionally, the Federal Department of Foreign Affairs may authorise the registration in the register of Swiss vessels of a building belonging to a natural person, a commercial company or a legal person responding to the Legal requirements under s. 20 and 21 and that operates a ship for philanthropic, humanitarian, scientific, cultural or other similar purposes. It lays down the conditions of case in case. ²

² The Federal Council may issue an order providing for the registration of pleasure yachts in a Swiss register and determine the conditions and effects of that registration and the resulting legal status, for yachts of It may also authorise the Swiss Maritime Navigation Office to regulate the granting of a Swiss certificate of capacity for boat drivers.

³ The Federal Council may provide in an order that in special circumstances a flag certificate may be issued for vessels which cannot be registered in the Swiss yachts register.

VIII. Voluntary Radiation

¹ The voluntary cancellation of a ship in the register of Swiss vessels is subject to approval by the Federal Council. Permission may be refused only if the country's economic supply so requires.

² If the authorization is refused, the Confederation, at the request of the owner, shall resume the vessel at its market value, unless the Federal Council has ordered the sale by public auction in accordance with the terms and conditions set out in Art. 27, para. The owner may submit the request for recovery at the same time as that of the cancellation or, subsequently, within 30 days from the refusal of the cancellation. The resumption of the ship by the Confederation or, failing that, the order to sell it at auction, must be made within 30 days of receipt of the application, but at the earliest from the refusal of the authorisation. ¹

³ The legal act under which ownership of the vessel is transferred shall be null and void if the cancellation is not authorized.

Property and other real rights

¹ Except as otherwise provided in this Law, the Federal Law on the Register of Boats shall apply to the property as well as to other real rights on Swiss vessels.

² In the case of transfer of ownership, the Swiss Ship Registry Office can only register the buyer on the basis of a declaration of a compliant state.

³ A mortgage may be entered in the register of Swiss vessels only if the Swiss Office of Shipping certifies that the provisions of Art. 24, para. 1, concerning the origin of the borrowed capital is respected. ¹

⁴ A usufruct may be entered on the register of Swiss vessels only in favour of a person who, according to the Swiss Office for Maritime Navigation, complies with the conditions laid down in Art. 18 to 23. The procedure for regularisation shall apply mutatis mutandis.

Privileges and mortgages

¹ The privileges listed in the International Convention of April 10, 1926 ¹ For the unification of certain rules relating to maritime privileges and mortgages are legal mortgages without registration that take precedence over the mortgages listed in the register of ships. The provisions of Art. 1 to 13 of the Convention governs the birth, content, scope and effects of these legal mortgages.

² The legal mortgage terminates with the extinguishment of the secured claim, in the case of forced realization of the ship and when the conditions of fact set out in art are satisfied. 9 and 10 of the Convention.

Mortgage Purge

¹ Where the ship is sold voluntarily, the Swiss Ships' Office, at the request of the acquirer, shall, by notice published twice in the Federal Worksheet And twice in the Official Swiss Trade Sheet, Holders of claims secured by a legal mortgage without registration to be known to the purchaser, within a time limit which must be at least one month from the second publication, if they claim this mortgage Legal to the purchaser.

² The creditor who fails to observe this period loses his right of pledge on the ship; in this case, the said legal mortgage without registration relates to the debt of the alienator in payment of the sale price, insofar as the latter is still due.

Effect of radiation

¹ The cancellation of the vessel in the register shall affect only the nationality of the vessel.

² After the cancellation, entries in the register remain for the protection of private rights.

Nature, Scope, Content

¹ Every Swiss ship must be fitted with its sea letter.

² The sea letter indicates that the ship has the right and obligation to sail under the flag of Switzerland. It shall allow for the identification of the vessel; for that purpose, it shall mention the shipowner of the ship and shall also reproduce the essential indications of the register of Swiss ships.

³ The letter of sea indicates the duration of its validity, which cannot be longer than five years. In all cases, it loses its full validity with the radiation of the ship.

⁴ The admission of the ship to navigation and the issuance of the sea letter does not mean a concession by the authority.

Establishment and restitution

¹ The letter of the sea is drawn up by the Swiss Agency for Shipping; it can only be entrusted to a Swiss shipowner.

² Exceptionally, and provided that the registration in the register of Swiss ships has taken place, the Swiss Agency for Maritime Navigation may directly issue by a consulate a provisional sea letter with a maximum validity of three months.

³ At the end of its validity, or if it is renewed before that term, any letter of the sea, even if it was provisional, must be returned by the shipowner to the Swiss Agency for Maritime Navigation.

Prorogation, modification, replacement

¹ As long as the conditions justifying the registration of the ship in the register of Swiss vessels are fulfilled, the letter of the sea must, as the case may be, be extended, amended or replaced.

² The Consulates have the authority to extend and amend letters of sea according to the instructions of the Swiss Agency for Marine Navigation.

³ If a sea letter is lost, it is declared null and void by the Swiss Agency for Maritime Navigation. The declaration of invalidity shall be published in the Sheet Federal And in Sheet Official Swiss Of Trade.

⁴ The Swiss Office of Shipping establishes a new sea letter if the ship has changed its owner or shipowner or if the letter has become unusable or has been declared invalid.

Withdrawal of the Letter of Sea

The Swiss Agency for Maritime Navigation may not require the return of the letter of sea, to refuse its extension or replacement only in the cases provided for in Art. 27, 31, 46 and 91, para. 1. The measures taken by the Federal Council under s. 6 and the decisions of the competent authorities for the prosecution of debts and bankruptcies.

Defining the shipowner

¹ The shipowner shall be the owner of the ship or any other entity or person to which the owner has entrusted the responsibility for the operation of the ship and who, by assuming such responsibility, has agreed to carry out the tasks and obligations Of shipowners under the Maritime Labour Convention of 23 February 2006 ¹ , regardless of whether other entities or persons are performing on their behalf some of these tasks or responsibilities. ²

² The shipowner weapons, crew and supplies the ship. It shall appoint and revoke the master; subject to the legal provisions relating to the rights and obligations of the master, the captain's powers shall be fixed freely by the shipowner.

Status of the Swiss shipowner

¹ Even if he is not the owner of the ship, the shipowner of a Swiss building must also fulfil the conditions to which the owner is subject under s. 18 to 23 as those of the Federal Council relating to the origin of the capital invested in the enterprise. It must also observe, as far as the crew is concerned, the nationality requirements. ¹

² Regardless of the arrangements made by the shipowner for the use of the ship, the operation must be directed from Switzerland, by means of an appropriate organisation, responding to the Swiss character of the undertaking, capable of accomplishing or Control the management actions provided for in s. 45, para. 2. The master shall be constantly subject to the Swiss shipowner for all matters relating to the possession and conduct of the ship.

³ Where these conditions are not met, the Swiss Maritime Navigation Office shall fix a period of at least 30 days for the shipowner to reinstate them. If they have not restored them after the expiry of that period, the Swiss Maritime Navigation Office may withdraw the letter of the sea.

Operational Security

¹ The Federal Council shall, after consulting the relevant circles and taking into account the international conventions and uses in force in maritime navigation, prescribe the rules on armaments, crew composition and Safety of ships and the safeguarding of human life.

² If the shipowner of a Swiss ship does not comply with these requirements, s. 31 shall apply mutatis mutandis.

Liability of the shipowner

¹ The shipowner shall reply to any damage caused to a third party by the fault of a member of the crew, a pilot or any other person employed on board the ship in the performance of their work, unless it proves that no fault is attributable to These auxiliaries. In the case of persons who may, for the same reason, claim claims based on a contract, it does not, however, reply beyond those claims. ¹

² The shipowner shall have recourse against the person who caused the damage as the person responsible for the damage. However, if the shipowner is a tenant of the ship, he has recourse against the owner only for hidden construction or lack of maintenance prior to the lease.

³ The shipowner of an oil tanker responds to the damage caused by oil pollution according to art. 1 to 11 of the International Convention of 29 November 1969 ² On civil liability for damage caused by oil pollution and, after entry into force, according to the Protocols thereto of 19 November 1976 ³ And 27 November 1992 ⁴ . ⁵

Limitation of Liability

¹ Art. 1 to 13 of the Convention of 19 November 1976 ² The limitation of liability in respect of maritime claims shall apply to the limitation of the liability of the owner of the ship and the shipowner, as well as to that of the freer and the maritime carrier resulting even from a contract for Use of the vessel. ³

^1bis In the event of damage caused by oil pollution, the limitation of liability shall be governed by the International Convention of 29 November 1969 ⁴ On civil liability for damage caused by oil pollution and, after entry into force, by the Protocols of 19 November 1976 ⁵ And 27 November 1992 ⁶ That pertain to it. ⁷

² The proof of own fault of the owner of the ship, the shipowner, the freer or the carrier is the responsibility of the person who claims to exclude the limitation of liability.

Procedure

The Federal Council shall resolve the procedure and the time limits necessary for the application of the provisions on limitation of liability.

Command Exercise

¹ The command of the ship shall belong to the master designated by the shipowner.

² Except as required or usual in the ports of call, the master must be on board and personally exercise command for the duration of the trip.

³ When the master leaves the ship or is unable to perform his duties, the command of the ship shall belong to and shall be the full member of the oldest bridge personnel in the highest rank.

⁴ Anyone who actually carries out the command on board is entitled to the captain's civil and criminal duties and responsibilities.

Boating of the ship

¹ The captain alone responds to the ship's conduct.

² He shall conduct the ship in accordance with the rules of nautical art and in accordance with international agreements, generally accepted uses of maritime navigation and the rules laid down by the States in the territorial waters of which the ship Is located.

³ The master must maintain the ship in good airworthiness; it can ensure that its armament, equipment and supplies remain sufficient throughout the duration of the voyage.

Security of travel

¹ The master shall take, as appropriate, all measures to safeguard the interests of the owner of the ship, the shipowner, the crew, the passengers and the persons entitled to the cargo. It carries out a stowage in accordance with maritime usage.

² In the event of necessity, the master shall carry out all acts immediately necessary for the protection of human life, the ship or the cargo. However, it must, as circumstances permit, consult with the shipowner before taking an exceptional measure.

Flight Discipline and Crew Commitment

¹ The master shall have on any person on board the ship the authority conferred on him by the rules and practices generally recognized in maritime law. He answers the order on board and exercises disciplinary power.

² The captain himself commits the crew of his ship as the shipowner has not reserved this commitment. If the staff of the bridge or machinery falls below the normal number, it shall be obliged to hire the necessary replacements as soon as possible.

Representation Authorities

¹ The master is the legal representative of the shipowner. The limitation of its powers of representation is without effect in respect of third parties in good faith. However, the master cannot in any way alienate or mortgage the vessel.

² In carrying out its commercial duties, the master shall abide by the instructions of the shipowner. It shall, in accordance with its practice, provide information on all matters relating to the ship and cargo.

³ Any dispute about the ship must be, as soon as possible, reported by the master to the shipowner. In such a case, the master shall represent the shipowner in court, both by requesting and defending, as long as the shipowner does not intervene by means of any other duly authorised representative. ¹

Civil law tasks ¹

¹ The Captain finds, in the book of flight, in the authentic form, the births and deaths on board the ship and presents an excerpt of this book to the next consulate of Switzerland. The latter is responsible for transmitting the extract to the Swiss Agency for Maritime Navigation, for the Federal Civil Registry Service. ²

² Births and deaths on board a Swiss ship must be registered, if they are Swiss citizens, in the register of births and deaths of the place of origin and, if they are foreigners and the event is not established by an act Civil status abroad, in the registers of the canton of Basel-Ville. ³

³ If a person dies on board a Swiss ship, the master must take in his custody, after inventing them with the assistance of another crew member, the objects that belonged to the deceased as well as the wills that may exist and Hand them over to the next consulate in Switzerland.

Jurisdiction in the case of offences

¹ If an offence has been committed on board, the master shall have the powers of the police in the course of criminal proceedings and shall carry out the investigations until the competent authority arrives. ¹

² To this end, it undertakes the acts of investigations which do not suffer any delay, and in particular places in safety the traces and the means of evidence, determines and interrogates the injured and the suspects and, if necessary, provisionally arrests the suspects. Art. 306 of the Criminal Procedure Code of 5 October 2007 ² Is applicable by analogy. ³

³ The master shall draw up a report on the investigative acts to which he has carried out and on the results of his research. It takes this report together with the minutes of testimony of witnesses and exhibits at the disposal of the competent authorities and carries these facts and documents to the public prosecutor of the canton of Basel-City as well as the next Swiss consulate.

⁴ The Federal Council may, however, prescribe special rules for this procedure.

Dashboards

¹ The master is responsible for the presence on board of the documents relating to the ship, crew, passengers and cargo. It shall ensure, in particular, the holding of the logbook and the newspaper of the machines.

² The events of nautical and meteorological character, as well as any facts relating to the voyage, shall be recorded in the logbook, chronologically and with the exact indication of when they occurred and where the inscription is made. Except in exceptional circumstances, entries must be made day after day. The enrolment officer certifies the accuracy under the signature of the officer and is verified and countersigned by the master.

³ Any person who establishes that there is a legitimate interest may obtain, through the Swiss Agency for Shipping and against the payment of costs, an excerpt of the logbook and copies of the minutes, reports and other documents prepared by The master or his subordinates.

Relations with Consulates

¹ If there is a Swiss consulate in the port where the ship calls or completes the voyage, the captain announces the arrival of the ship and warns him in time of his departure.

² Prior to this departure, the master shall keep the logbooks available to the Consulate.

³ The Consulate is authorized, at the request of the master or the employers'and employees' organizations concerned, to request mutual legal assistance, on behalf of the Confederation, to the competent foreign authority. ¹

Composition

¹ The crew members are the captain and the seamen who have a job on board and who are registered on the crew role. ¹

² Sailors who possess the Certificate of Capacity for this function are officers who have been employed in this capacity.

³ If the interest of the country so requires, the Swiss Maritime Navigation Office may order, at any time, the immediate dismissal and without any indication of the reasons of a crew member. If they have not committed a fault, the member of the discharged crew and the shipowner shall be compensated by the Confederation for the damage attributable to that dismissal.

Nationality and vocational training

¹ The Federal Council may lay down requirements concerning the minimum number of masters and seamen of Swiss nationality on board Swiss ships. ¹

² The Confederation encouraged the professional training of masters and seamen of Swiss nationality. The Federal Council shall take the necessary measures. ²

Occupational Requirements

¹ May be engaged as crew members of a Swiss ship, subject to s. 61, para. 1, all those who are in possession of a valid passport or equivalent identification and who justify their suitability for the function entrusted to them.

² Sailors may only be employed as deck officers, officers of the machinery and radiotelegraphic officers of a Swiss ship, the seamen whose fitness for one of those jobs is the subject of a certificate issued by the Swiss Office of the Maritime navigation, or by the competent authority of another State exercising maritime navigation.

³ Can only be hired as captain of a Swiss ship who holds a master's certificate issued or recognised by the Swiss Maritime Navigation Office.

Right of work and social insurance

¹ On board Swiss ships, Swiss labour and social insurance legislation applies to the crew, unless exceptions or derogations are provided for by law, by international conventions or by an order of the Federal Council.

² The Federal Council shall, taking into account the international conventions and the uses in force in maritime navigation and after consulting the circles concerned, make provision for the following elements:

A.

Minimum requirements for the work of seafarers on board a ship;

B.

Conditions of employment;

C.

Accommodation, leisure facilities, food and table service;

D.

Health protection, medical care, welfare and social security;

E.

Compliance and enforcement of the provisions of the Maritime Labour Convention of 23 February 2006 ² . ³

Crew Role

¹ The captain takes the role of crew in the forms prescribed by the Swiss Agency for Maritime Navigation.

² Every sailor engaged on board a Swiss ship shall, before the first departure of the ship following his undertaking, be subject to that role of an entry with an indication of his civil status, his employment on board, the conditions of his undertaking and Documents in the light of which he was engaged.

³ When the sailor left the service on board, his inscription on the crew's role was canceled by the captain. The circumstances of departure are indicated.

⁴ Persons on board without employment must, if they are not on a passenger list, be referred to the crew by the captain's care.

Enrolled and derailed

¹ Enrolment takes place by-in front of the Swiss consul, outside the presence of the placement agents and if possible on board the ship.

² The master or other authorized representative of the shipowner, on the one hand, the committed sailor on the other hand, shall sign their signatures on the crew's role in relation to the registration.

³ The Consul validates the transaction by issuing a visa on the role following the parties' signatures. If there is no consulate accessible at the port of enlistment, the entry is subject to the visa of the next consulate.

⁴ The derailment shall be subject to the same formalities as the enlisment; if the consul has reason to believe that the sailor has been improperly cancelled, he shall inform the Swiss Office of Shipping.

Swiss sailor ship

¹ Any member of the crew of a Swiss ship, who is a Swiss national, shall receive from the Swiss Maritime Navigation Office a seaman's booklet established on his behalf. This booklet may also be given to a Swiss member of the crew of a foreign ship. Such a booklet or similar document may also be issued to Swiss citizens who must produce such a document in order to carry out other activities at sea.

² At the time of the derailing, the captain writes in this booklet the nature and duration of the commitment on board his ship.

Terms of service on board

¹ Service on board Swiss ships does not carry home transfer alone.

² The modalities of the medical examination, the hygiene practices and the usual care on board, as well as the procedures for applying the disciplinary regime on board, may be the subject of a regulation on service on board Swiss vessels, established by The Swiss Agency for Maritime Navigation and approved by the Federal Council.

³ Every member of the crew of a Swiss vessel shall receive, at the time of its commitment, the manual of the seafarer serving under the Swiss flag; this manual shall be drawn up by the Swiss Maritime Navigation Office and shall reproduce the main provisions applicable to the Sailors of Swiss ships.

Application of Swiss law

¹ The provisions on the commitment contract shall apply to all seamen serving on board Swiss vessels, irrespective of their nationality.

² Subject to the provisions of this Law, the contract of engagement of seafarers serving on Swiss ships shall be governed by the Code of Obligations ¹ Art. 333 A The Code of Obligations concerning the consultation of the representation of workers in the event of the transfer of the working reports, s. 335 D At 335 G Concerning collective redundancies as well as art. 336, para. 3, however, are not applicable. ²

Contract Conclusion

¹ The contract of employment may be entered into either for a fixed term or for one or more journeys, or for an indefinite period. If the term of a contract for a specified period or for several trips exceeds one year, it is deemed to have been concluded for an indefinite period.

² The contract of engagement shall be concluded in writing. Each party receives a copy. The copy for the sailor shall be given to him at the latest when the crew role is signed.

³ The contract of engagement shall enter into force at the latest at the time of boarding.

Contract Content

The contract of engagement shall indicate in a clear and precise manner the rights and obligations of both parties, including:

A.

The surname, given name, date and place of birth of the sailor, his nationality and, if he is a Swiss national, his place of origin;

B.

The location and date of the undertaking and entry into service;

C.

The designation of the ship (s) on which the sailor is committed to serve;

D.

Travel or travel to be undertaken, if they can be determined at the time of the undertaking;

E.

The service for which the sailor is engaged;

F.

Legal provisions relating to the duration of work, holidays and insurance in the event of occupational accidents and sickness;

G.

The wage, and the currency in which it will be paid;

H.

Compensation for overtime hours of work;

I.

The term of the contract, in particular the period of leave;

J. ¹

The name and address of the armateur;

K. ²

The right of the sailor to repatriation;

L. ³

Where appropriate, a reference to the collective labour agreement.

Duties of the crew

¹ Every member of the crew is required to perform carefully the work he is responsible for. It responds to the damage it causes intentionally or negligently.

² The sailor must respect and obey the captain and his other superiors. It must comply with the orders it receives, as well as the recognized uses.

³ In the event of sea danger, the sailor must provide all the assistance required for the rescue of the persons, the ship and the cargo.

Exceptional work

¹ The master may assign the sailor to work other than that provided for in the commitment contract where, for special reasons, the interest of good navigation requires it. In this case, the salary cannot be reduced.

² If the sailor is assigned to work whose requirements exceed those of the services provided for in the contract, he shall be entitled to a corresponding increase in his salary for the period during which the work is carried out.

³ Officers may not be required to serve a service which, according to practice, is not compatible with their rank.

Compensation and salary

¹ The sailor shall be entitled to the agreed salary and, where appropriate, to the remuneration due for overtime work. He also has the right, on board the ship, to his food and accommodation.

² The sailor shall be entitled, for each hour of overtime work, to an allowance corresponding to his hourly wage calculated on the basis of the agreed wage plus a quarter. ¹

³ The Federal Council shall determine the cases in which a lump sum allowance for overtime work may be provided for in a contract of engagement. ²

Deadline and suspension of salary

¹ The right to pay shall be born no later than the day of registration on the crew role.

² The salary is payable at the end of each month and no later than the day of the cancellation of the crew role, net of advances already paid.

³ The right to pay is suspended when the sailor is prevented from doing his job because he is at the stops, or after he is unable to work because of his own fault.

⁴ In case of incapacity for work due to sickness or accident, the right to pay shall be suspended for as long as a daily allowance is paid to the sailor.

Apportionment of extraordinary remuneration

¹ If, for any reason, the crew of a ship descends, during a voyage, below the prescribed or usual number, the seamen who have, therefore, additional work are entitled to the salary thus saved proportionally The additional work performed by each of them, provided that such additional work has not already been compensated for by an allowance paid for overtime. ¹

² Remuneration for acts of assistance or rescue is allocated-after deduction of the costs and damage suffered by rescuers-by halves between the shipowner and the ship's crew. The distribution of the half returning to the crew must, in principle, be proportionate to the salaries, taking into account, however, the particular merits of the various crew members.

Payments to Seafarers

¹ The captain holds a book of wages in which all the sums paid to the sailor are recorded, indicating the currency and the exchange rate.

² The sailor gives off each payment by affixing his signature in this book next to the corresponding writing. An account statement is then returned to the sailor.

³ No payment can be made to mariners in inns and taverns.

Transferring work reports

Where the employer transfers the business to a third party who undertakes to return the work reports, the latter shall pass on to the purchaser with all the rights and obligations arising from it, on the day of the transfer of the undertaking, unless the worker is Contrast.

Contract Expiration

¹ The fixed-term contract expiring on a voyage shall be extended until the vessel arrives at the next port.

² The contract of indefinite duration may be terminated at any time on either side for a given leave in writing seven days in advance, the contract being extended until the arrival of the ship at the next port if that period expires in the course of the A trip. It may provide for a longer period of leave. The period of leave must be the same for both parties. ¹

³ The parties may, at any time and without delay, terminate the contract for just cause. In addition to the fair grounds allowed by the code of obligations ² In the field of the contract of employment, shall be regarded as such, first, the violation by the shipowner or the master of the requirements relating to hygiene and work on board, the abuse in the exercise of authority or power Disciplinary action, crimes and offences committed at sea, serious breaches of discipline, as well as the fact that the member of the crew must be discharged due to illness or accident or no longer fulfils the legal requirements Required for its commitment.

Exceptional Extensions

¹ If the inability to hire a qualified substitute at the port where the contract expires is established by the consulate or, failing that, by the competent local authority, the outgoing sailor is obliged, against an increase in his/her salary of one-quarter, to retain His employment for a maximum of three months.

² If the contract of engagement expires in a port where, then orders or measures by the local authorities, the seafarer is prevented from disembarking, the contract shall be extended, subject to the conditions to which it has been concluded, to the next port where the May land, but for a maximum of two months.

³ If the landing cannot take place within this period, the Swiss Maritime Navigation Office deals with the case.

Salaries due to survivors

¹ In the event of cancellation of a Swiss ship considered to be lost, the contract of engagement of its seamen shall be deemed to have ended one month after the date on which the latest news of the ship was received. The salaries due as a result must be paid by the shipowner to the Swiss Agency for Maritime Navigation as soon as the radiation is entered into force.

² When a member of the crew has died, was declared absent or disappeared in circumstances such as his death must be held to some extent, the salary he was due must also be paid by the shipowner to the Swiss Agency for Navigation Marine.

³ The Swiss Office for Maritime Navigation maintains these salaries at the disposal of the entitled persons.

Service Certificates

¹ Any member of the crew may require the captain to certify only the nature and duration of his or her work on board.

² When a sailor, a Swiss national, leaves the ship's service, the nature and duration of his work on board are recorded in his booklet.

³ In addition, the sailor has the right to be issued a certificate of assessment of his services and conduct.

Right to repatriation

¹ The landed seaman shall have the right to be brought back, at the expense of the shipowner, to the place of undertaking, unless he himself has denounced the contract for unjustified reasons or if he has been terminated for good reasons against the sailor. ¹

² The cost of repatriation to the shipowner shall include all the expenses necessary for the transport, accommodation and food of the sailor during his journey, as well as his maintenance until the time fixed for his departure. If the sailor delays his departure, he will bear the additional costs resulting from this adjournment.

³ If the shipowner refuses to return the vessel while the sailor appears to be entitled to repatriation, the nearest consulate shall be able to repatriate the ship, and the Confederation shall have an appeal, either against the owner of the repatriation or against the sailor if he or she Reveals that he was not entitled to it.

Modalities for repatriation

¹ Where the right to repatriation has arisen, the parties may agree to replace the repatriation of the sailor by the payment of a lump sum corresponding to the repatriation costs.

² The shipowner may also fulfil his repatriation obligation by providing the seaman with suitable employment on another ship going to the port of destination of the returnee or, if the sailor has to return to the interior, to the port where, according to the Instructions of the shipowner, he must undertake his return journey by land.

Insurance in the event of accidents and sickness

¹ Subject to the parts of business in Switzerland, the operation of shipping is not subject to compulsory accident insurance instituted by the Confederation.

² The shipowner of a Swiss ship must insure his crew against disease and professional accidents.

³ The Federal Council shall, after consulting the circles concerned, determine the minimum benefits and the detailed requirements to which the insurance contract must comply in order for the shipowner to comply with his obligations.

Civil liability and insurance

¹ If there is insurance in accordance with this Law, the shipowner shall be released, in the event of a professional accident or illness, from his liability for slight negligence.

² In the absence of insurance in accordance with this Law, the shipowner, even if no fault is attributable to him, is liable to the victim of the occupational accident or sickness, or to his survivors, of benefits at least equivalent to the Insurance benefits that the victim would have received had he or she had been in compliance. The entitlements to these benefits are then preferred to the rank expected for wage claims.

Unemployment then sinking

¹ In the event of the subsequent loss of the vessel, the surviving members of the crew shall be entitled, irrespective of their possible repatriation, to an unemployment benefit.

² This allowance shall be paid, for each day of actual unemployment, but for a maximum of two months at the rate of pay provided for in the contract.

³ The unemployment benefit is the preferred rate for wage claims.

CO Application and prescription

¹ Except for special provisions of this Law, the Code of Obligations ² Applies to contracts for the use of a ship.

² All actions deriving from the rental of a ship, a charter contract and a maritime contract shall be prescribed by one year; in the case of a lease or charter, from the expiry of the contract and, in the case of a contract From the day on which the goods were delivered to the consignee or should have been delivered to the consignee. ³

Impossibility of execution

A. Final Impossibility

¹ Any rental, charter or maritime transport contract shall be resolved in full right, without compensation on both sides, if, before the start of the voyage, the use of the vessel, as provided for, is finally made impossible thereafter Of force majeure, war, natural elements, fortuitous cases or-unless such a measure is the consequence of a fault of one of the parties-then a decision or intervention of any authority, whether Swiss or foreign.

² If the final impossibility occurs along the way, the contract shall be resolved at the latest upon the arrival of the ship in the next accessible port or in the one designated by the authority. The goods are then unloaded and stored on behalf of the rightholders. The contractual remuneration shall be due, in the case of rental or charter, up to and including the day of the termination of the contract; in the case of a contract of carriage, the shipper shall bear the costs of unloading and freight in proportion to the distance Traveled.

B. Temporary Impossibility

¹ If the impossibility is temporary and occurs before the start of the journey, each party may, after formal notice, terminate the contract at the expiration of a reasonable period of time. The costs incurred up to the termination, including any unloading charges and a new stowage, shall be borne by the party withdrawing from the contract. However, where the termination and unloading of the goods are the consequence of an order of the authority, the resulting costs shall be the result of the goods, even if the cancellation emanates from the carrier.

² If the temporary impossibility occurs during the course of the road, the contract can only be broken by mutual agreement. However, if, according to reasonable forecasts, the impossibility is substantially prolonged or if the authority orders the unloading of the goods, each party may terminate the contract upon arrival of the ship in the next accessible port or The port prescribed by the authority; the remuneration, charges and freight are then due, as in the case of definitive impossibility on the way.

Definition and Form

¹ The leasing of the ship is the contract by which the lessor is obliged to confer on the tenant, against payment of rent, the use and control of a ship without crew and without armament. ¹

² The validity of the contract is subject to the observation of the written form.

Rent and Sublease

¹ The rental and under-leasing of a Swiss vessel is valid only in favour of a tenant or sub-lessee, the Swiss shipowner under s. 46.

² The sublease must have been provided for by the lease.

³ The leasing and under-leasing of the ship are subject to the general provisions of the Code of Obligations ¹ In respect of rent-to-rent rights, to the extent that these provisions are compatible with the particularities of maritime navigation. ²

Rights and obligations of the parties

¹ The lessor is required to issue the ship in good seaworthiness with its integral parts and accessories and with the documentation required for its use.

² The tenant must return the vessel, given the normal wear and tear, in its original condition and in the port where it was received.

³ The rent is short of the day on which the vessel was returned to the tenant until the day on which it was returned.

⁴ The rental agreement entered into for an indefinite period of time may be terminated at any time with a cancellation period of four months. ¹

⁵ The rental of a ship may be the subject of an annotation on the register of Swiss ships according to Art. 261 B The code of obligations ² . ³

Mention

As long as the rental of the ship has not been mentioned in the register of Swiss ships, the owner shall reply as a shipowner to any third party who was not aware of the rental at the time when his right was born.

Definition

¹ The charter is the contract by which the shipowner is obliged, as a freer, to make available to the charterer, for remuneration, all or part of the capacity of a designated ship, or for a fixed period of time (charte-partie au temps), For one or more specified trips (charter party to the trip).

² Freer and charterer may each require a written contract (charter party).

³ The freer and charterer may stipulate the annotation of the charter in the register of Swiss ships as a rent lease. This annotation obliges any purchaser to leave the enjoyment of the vessel to the charterer in accordance with the charter contract. ¹

Responsibility of the Brotherhood

¹ The fryer has an obligation to keep the ship in good order of airworthiness; it must provide it with the armament, supplies and crew responding to the intended use of the contract, as well as the necessary documentation.

² The freer shall reply to the charterer of the damage resulting from the unseaworthiness of the ship, unless it proves that he exercised due diligence prior to the voyage and at the beginning of the voyage at sea in order to put the ship in good condition, In particular to arm, equip and supply it properly. ¹

³ If, in the terms of a charter, the freter is engaged in the carriage of goods by sea, its rights to the shipper and consignee and its liability for the goods to be transported are governed by the rules on Shipping contract. ²

Relationship between the shipowner, the charterer and the captain

¹ The master shall remain at all orders of the shipowner for all matters relating to the conduct of the ship.

² The charterer may, however, provide the charterer with the right to give to the master orders concerning the embarkation, transport and delivery of the cargo and the establishment of bills of lading; the acts performed by the captain in Under these orders hire the charterer. ¹

³ If, under these conditions, the master did not deal with third parties expressly on behalf of the charterer, or did not establish a bill of lading expressly on behalf of the charterer, the shipowner replies to them jointly and severally with the charterer; The shipowner against the charterer is reserved. ²

⁴ In addition, the shipowner does not respond to the charterer of the acts performed by the master under the orders given to him by that same charterer.

Allocation of Costs

¹ The costs of fuel and lubricants, those normally driven by the handling of the cargo, as well as the duties and taxes normally charged on the occasion of the movements and stops of the ship, are, in the time charter, to the Load of the charterer.

² The charterer shall not pay for periods in excess of 24 consecutive hours that the shipowner is committed to maintaining the ship in good seaworthiness and to the provision of its crew.

³ The compensation payable to seafarers for further work shall be borne by the charterer.

Termination of Contract

¹ In the time charter, the freer is not required to make a voyage exposing the ship and the crew to a major hazard which, not provided for at the time of the conclusion of the contract, has occurred or has been known only subsequently.

² If, by such means, the use of the vessel as provided for in the contract is made impossible, the charterer shall have the right to terminate the contract immediately and to repeat the part of his advances which have been without cross-performance.

Contract End

¹ Upon expiry of the time charter, the vessel must be at the port of departure on the first voyage.

² Where the duration agreed upon in a charter party on time is exceeded by the end of the last journey, the contractual relationship shall be extended until the completion of the journey and the remuneration due shall be increased Pro rata temporis.

³ The fryer may refuse to undertake a trip which, under normal conditions, would significantly exceed the duration of a charter party in time.

⁴ The charterer may terminate a charter party, in writing, without notice and without delay, if the ship is not at its disposal at the place and at the agreed time; it is entitled to damages, unless the framers prove that the delay does not Is not the fault.

Obligations of the charterer

¹ The remuneration is due even if the charterer does not fully use the stipulated capacity, unless the fryer has taken advantage of that capacity in another way.

² The choice of the route to be followed between the port of departure and the port of destination belongs to the freer.

³ The loading and unloading of the goods is the responsibility of the charterer.

I. General.

Definition

¹ In the maritime transport contract, the carrier is obliged to carry out, against payment of the freight, the carriage of goods by sea stipulated by the shipper.

² The International Convention of 25 August 1924 ² For the unification of certain rules of bill of lading and its protocols ³ Must be taken into account when applying and interpreting the articles of this chapter. ⁴

Carrier Due Diligence

¹ The carrier shall be required, prior to the voyage, and at the beginning of the voyage, to exercise due diligence to put the ship in airworthiness, to arm, equip and supply the vessel properly, and to appropriate and correct the Cales, cold and cold rooms and all other parts of the ship where goods are loaded for reception, transport and storage.

² The carrier shall proceed in an appropriate and careful manner to the loading, stowage, transport, custody, handling and unloading of the goods transported, as such tasks are not the responsibility of the shipper or consignee.

Carrier Liability

¹ The carrier shall reply, from the taking of the charge to the issue of the cargo, the loss or destruction or the total or partial damage to the goods, as well as the delay in delivery, unless it proves that the damage Is the result of a cause that is not attributable to the fault of the master, the crew of the ship, other persons employed by the ship or any other person used in the performance of the transport.

² The carrier shall respond to the damage resulting from the inairworthiness of the ship, unless it proves to have exercised due diligence under s. 102, para. 1.

³ If claims for loss, destruction or damage or delay are directed against the master, the crew of the ship or any other person employed in the service of the ship or used by the carrier for the performance of the transport, they may, Irrespective of the legal basis on which the complaint is based, invoke the same causes of exclusion or limitation of liability as the carrier itself. Art. 105 A Is reserved. ²

Exclusion of Carrier Liability

¹ The carrier, if no fault of its own is attributable to it, does not respond to the loss, destruction or damage of the goods, or the delay in delivery, where they are due to acts, negligence or omissions of the master, the pilot or Other persons in the service of the ship in the navigation or administration of the ship, or were caused by a fire on board. The measures taken on a principal basis in the interest of the cargo shall not be considered as relating to the administration of the ship.

² The carrier shall not respond to the loss, destruction or damage of the goods, or delay, if it proves that they result from one of the following causes:

A.

Force majeure, accidental, perils, dangers or accidents of the sea or other navigable waters;

B.

War, riots or civil unrest;

C.

Acts of authority, such as legal seizure, quarantine or other restrictions;

D.

Strike, lock-out or other stoppage or hindrance to work;

E.

Rescue or attempt to save lives or property at sea, or a reasonable diversion that does not result in an infringement of the contract of carriage;

F.

Acts or omissions of the shipper, consignee or owner of the goods, its agent or representative;

G.

On volume or by weight or any other loss or damage resulting from hidden defects, special nature or vice-specific nature of the goods;

H.

Inadequate packaging, or insufficient or imperfect marks;

I.

Hidden defects of the vessel escaping due diligence. Liability shall not be excluded where it is established that the damage is attributable to a fault of the carrier or its auxiliaries.

Scope and limitation of liability

¹ In the event of loss or total destruction of the goods, the carrier shall pay only compensation corresponding to the value of the good at the place and on the day on which it is discharged or should have been discharged in accordance with the contract of Transportation. The value of the goods shall be determined on the basis of the stock price or, failing that, according to the prevailing market price or, in the absence of one and the other, according to the usual value of the goods of the same nature and of the same quality.

² In the case of partial destruction, damage or delay, the carrier shall pay only the amount of depreciation incurred by the goods without further damages and in no case shall compensation exceed that provided for Total loss.

³ The liability of the carrier shall not, subject to s. 105 A , in any case and whatever the legal basis invoked, exceed the amounts of the responsibility fixed by the Federal Council. These amounts shall be calculated at a rate fixed either per package or other loading unit, or per kilogram of gross weight of the lost or damaged goods, whichever is the greater.

⁴ The shipping carrier shall not avail itself of these limits, if the shipper has expressly stated before boarding the nature and the superior value of the goods, and if that declaration, which the carrier may, if necessary, prove The inaccuracy, was recorded in the bill of lading, or if upper limits of liability were agreed upon.

⁵ Where a container, pallet or similar device is used to group goods, any package or unit of lading listed in the bill of lading as included in this equipment shall be considered as a package or individual unit; in Outside of this case, this device will be considered as a package or unit as a whole.

⁶ The carrier and its servants (s. 103, para. 3) cannot answer together more than the amount that the carrier alone would respond to.

Deadline for the right of limitation

Neither the marine carrier nor its servants (s. 103, para. (3) shall not avail itself of the exemptions and limitations of liability if it is proved that the damage is the result of an act or omission committed either with the intention of causing injury, or recklessly and with an awareness of Would likely result.

Shipper declarations

¹ Prior to the loading of the goods on board, the shipper is required to provide the carrier in writing with the following particulars of the goods to be transported:

A.

The quantity, number or weight of the goods to be transported;

B.

The marks necessary for the identification of the goods;

C.

The nature and condition of the goods.

² The shipper responds to the carrier of any damage resulting from the inaccuracy of its indications concerning the goods, even if no fault can be attributed to it, and, to the other persons concerned with the cargo, when a fault is Attributable.

³ If the shipper has knowingly provided false information on the nature or value of the goods, the carrier shall not respond to any damage caused to the goods or other damage caused by the inaccuracy of the shipper's particulars.

Dangerous or Prohibited Goods

¹ If goods or articles whose transport is prohibited, legally or conventionally, or which are of a flammable or explosive nature, or which are dangerous for another reason have been loaded without the carrier or the master having Knowledge of their nature or condition, the shipper shall reply to any damage caused by such goods or articles. The master may, at any time and in any place, cause the goods or articles to be unloaded, destroyed or rendered harmless, without the carrier being required to be repaired.

² Where such goods or articles have been loaded with the consent of the carrier or the master, in knowledge of their nature and dangerous character, they may be unloaded, destroyed or rendered harmless in the same manner, without the Carrier is required to repair, if they endanger the ship, the persons on board or the remainder of the cargo.

Loading and unloading

¹ The carrier shall, at the port of loading, take the goods under palan, and at the port of unloading, deliver them under palan unless another mode of delivery is provided for by the contract or by local use.

² If the place of loading or unloading is not fixed by the contract, these operations shall take place at the usual place determined by the carrier.

³ If the time limits for loading and unloading the vessel and the rate of demurrage are not fixed by the contract, they shall be determined according to local use.

Freight Acquisition

¹ Freight is due only if the goods are delivered or made available to the consignee at the port of destination, the provisions of the art. 88 and 89 being reserved.

² However, the freight is due in its entirety when the defect in delivery arises from a fact attributable to the shipper or consignee or the vice of the goods, where it, dangerous or prohibited, had to be discharged, destroyed or thrown at the Sea along the way. ... ¹

³ With regard to the carriage of dead animals during the course of the journey, the freight is due unless the shipper provides proof that the death of the animal is due to the fault of the carrier.

Freight Deburner

¹ The person who requests delivery of the goods becomes the debtor of the freight and other claims for which the goods are encumbered.

² However, it shall not be subject to any demurrage or other allowances at the loading port unless such claims are indicated on the bill of lading or if it is established that it is otherwise known.

Damage finding

¹ The carrier and the consignee each have the right to request the contradictory finding of the condition and quantity of the goods at issue.

² Acceptance of the goods without reservation by the consignee shall be presumed until proven otherwise that the goods have been issued by the carrier in the same condition and in the same quantity as it had received.

³ The addressee shall formulate in writing its reservations by indicating the general nature of the damage, unless the condition and quantity of the goods issued have already been found to be contradicted, at the latest until the issue is Losses or apparent damage, and, for non-apparent damage and losses, within a maximum period of three days from delivery to the consignee; otherwise, the goods shall be held for unqualified acceptance.

II. Bill of out.

Definition

The bill of lading is a title evidencing both the reception on board of a ship, by the carrier, of specified goods which the shipper entrusting to him and the obligation, for the carrier, to transport those goods and to issue them, to the Place of destination, to the legitimate holder of the title.

Establishment and species of bill of lading

¹ When the goods have been put on board the ship, the shipper has the right to be issued a bill of lading (bill of lading).

² The bill of lading may also be established for goods accepted for carriage but not yet taken on board (bill of lading for boarding).

³ A bill of lading may also be drawn up for maritime transport by successive carriers, or for a transport comprising a maritime route combined with one or more land, river or air routes (direct bill of lading).

Form and content of the bill of lading

¹ The bill of lading sets out the conditions under which boarding, transportation and issuance are or will be carried out.

² The bill of lading shall contain in particular the following particulars:

A.

The names and homes of the carrier and shipper;

B.

Legitimised consignee, the bill of lading that may be nominative, to order or to the bearer;

C.

Name of the ship, if the goods are put on board, or the indication of the fact that it is a bill of lading for boarding or a bill of lading;

D.

Loading port and destination;

E.

The nature of the goods shipped or received for transport, their quantity, number or weight and identification marks according to the written indications provided by the shipper prior to the commencement of boarding, as well as the condition and packaging Apparent goods;

F.

Freight arrangements;

G.

Date and place of issue;

H.

Number of the original copies, the bill of lading to be prepared in as many copies as the circumstances require.

³ The carrier is not required to insert in the bill of lading:

A.

Identification marks which are not printed or affixed to the goods themselves or, where applicable, on the boxes or packagings in which the goods are contained, or are not affixed in any other way and of such Such that they should normally remain legible until the end of the journey;

B.

The quantity, number or weight of the goods, where there is a serious reason to suspect that the shipper's indications are incorrect, or where there is no reasonable means to verify them.

⁴ The original copies of the bill of lading must be signed by the master or the carrier. At the request of the master, the carrier or the shipper they must be countersigned by the shipper.

Value of references

¹ The bill of lading shall prevail for the legal relationship between the carrier and the consignee of the goods, in particular the presumption, until proven otherwise, of the receipt by the carrier of the goods as they Is described. However, evidence to the contrary is not permitted when the bill of lading has been transferred to a bona fide third party. ¹

² The legal relationship between the carrier and the shipper is governed by the terms of the contract of carriage. However, the provisions of the bill of lading shall be deemed to express the will of the parties if there is no contrary agreement in writing.

³ The carrier may insert in the bill of lading reservations relating to the description of the goods only in the case of indications that it is not obliged to insert in the bill of lading, or where one is in the presence of a case settled in art. 114, para. 3 ²

Legal Effects of Bill of Lading

¹ The original copies of the bill of lading are representative titles of goods within the meaning of s. 925 of the Swiss Civil Code ¹ They give the right to the delivery of the goods.

² Where a bill of lading has been established, the goods shall be issued at the place of destination only upon presentation of the first record copy, with the other copies losing any effect. If several original copies are presented simultaneously by several carriers, the master shall file the goods with the competent authority or with a third party.

³ Before arrival at the place of destination, the carrier can only issue the goods if all the original copies of the bill of lading are returned to the carrier and can only follow new instructions from the shipper or a right holder if all Copies are presented to him.

⁴ The carrier responds to the legitimised carrier of the bill of lading of any damage that may result from the failure to comply with these requirements.

Null Clauses

¹ Where a bill of lading is established, there is no clause directly or indirectly intended to exempt the carrier from all or part of its liability under this Act as a result of the loss, Destruction or damage to the goods, or to reverse the burden of proof of that responsibility.

² For the carriage of live animals, for the loading of goods carried out and referred to as such in the bill of lading, as well as in the case of liability arising from acts prior to loading and After discharge, conflicting liability agreements are permitted.

³ If the carriage is based on a charter contract, contrary agreements are also permitted, even if they relate to the liability of the maritime carrier, but only with regard to the relationship between the fryer and The charterer, and not against a third party claiming his or her rights through a bill of lading.

⁴ The provisions of this Article shall not preclude the adoption of clauses applicable in the event of common damage.

¹ The liability of the carrier and its auxiliaries to passengers and their baggage is governed by s. 1 and s. 3 to 21 of the Athens Convention of 13 December 1974 ² Relating to the carriage by sea of passengers and their luggage, as well as the relevant protocols of 1976 ³ And 1990 ⁴ , when they have entered into force. ⁵

² The carrier shall be required to issue to each passenger on board a Swiss vessel a passing title indicating the date of the issue, the expected date of departure, the name and type of the ship, the ports of departure and destination, the Conditions of accommodation and maintenance on board, as well as the price of the passage.

³ The person transported shall have the right to take on board his or her essential personal effects free of charge. For the remainder and unless otherwise agreed by the parties, the baggage of the passenger is deemed to be the subject of a separate contract of carriage.

⁴ The Federal Council may lay down the other conditions to which the carriage of passengers on board Swiss ships is subject.

Ship's Species at Risk

¹ The person who, intentionally, has damaged, destroyed, rendered unusable, put out of use or causes the disappearance of a Swiss ship, its integral parts or accessories, or the means of shipboard of fuel or food,

The person who, intentionally, prevented or disturbed the conduct of the ship or the order or life on board, and shall have knowingly endangered the ship or persons on board, shall be punished by imprisonment for ten years or more Imprisonment.

² The penalty shall be imprisonment if the act caused the loss of the ship or the death of a person and if the offender could provide for it.

³ The penalty will be imprisonment or a fine if the offender has acted negligently.

Endangen navigation

¹ The master or sailor of a Swiss ship which has intentionally violated the legal provisions or recognised rules on the nautical conduct of the ship or other Swiss or foreign requirements on the traffic and the police of the sea And shall have knowingly put his ship or another ship in danger, or persons on board one of them, shall be liable to imprisonment.

² The penalty may be imprisonment for at least ten years if the act has caused the loss of a ship or the death of a person and if the offender could provide for it.

³ The penalty will be imprisonment or a fine if the offender has acted negligently.

Pollution of the seas

¹ A person who infringes international conventions, this Law or its enforcement orders, by introducing or depositing at sea from a Swiss ship any solid, liquid, gaseous or radioactive material that polluters the waters or Sailors and their basement will be punished by imprisonment or fine.

² If the offender has acted negligently, he will be punished by imprisonment for a maximum of six months or a fine of up to 20 000 francs.

³ In cases of minor gravity, disciplinary action is foreseen.

Contraventions of water rules

The master or sailor of a Swiss ship who has violated the legal provisions or the rules recognised on the nautical conduct of the ship or the Swiss or foreign requirements on the movement of ships and the police of the sea shall be, if the act Is not punishable under any other legal provision, punishable by a fine of not more than 5000 francs.

Poor airworthiness

¹ The captain who intentionally or negligently entered the sea with a Swiss ship that is innavigable, insufficiently equipped, armed or supplied and will thereby endanger the ship or the persons on board shall be punished by Imprisonment or a fine.

² The penalty shall be imprisonment for up to five years or imprisonment if the act caused the loss of the ship or the death of a person and if the offender could provide for it.

Contraventions of airworthiness rules

The master or shipowner who navigated a Swiss innavigable vessel, insufficiently equipped, armed or supplied, shall, if the act is not punishable under any other legal provision, be punished by a fine of not more than 5000 francs.

Failure to Assist

¹ The captain of a Swiss ship who has failed to provide assistance to another ship or to persons in danger of being lost at sea, when he was able to rescue them safely for his own ship, crew or crew Passengers, will be punished by imprisonment.

² The penalty will be fine if the offender has acted negligently.

Abandonment of the Ship at Risk

¹ The captain of a Swiss ship who has not left the last ship in danger will be punished by imprisonment or a fine.

² A sailor who has left a Swiss vessel at risk without the authorisation of the captain will be punished by imprisonment for up to one year or a fine.

Non-Exercise of Command

¹ The master of a Swiss ship which, intentionally, has not exercised or has failed to carry out the conduct of the ship, shall be liable to imprisonment for up to one year or to the fine.

² The penalty will be fine if the offender has acted negligently.

Abuse and usurpation of power

¹ The master or officer of a Swiss ship who has abused his authority to give orders to a subordinate to give him orders without any relation to the service on board,

The captain who has exceeded his or her authority to impose disciplinary penalties or who has abused them,

The person who, having no power to give orders or to punish on board a Swiss vessel, has assumed such power,

Be punished by imprisonment.

² The penalty will be the fine if the offence is of little gravity.

Dessertion

¹ The master or sailor of a ship which, in violation of his contract of engagement, will not be on board or will have left the ship being conscripted, shall be, if the ship's departure is seriously delayed or if considerable expenditure is Incurred in order to avoid the delay, punished by imprisonment for up to six months or a fine of not more than 5,000 francs.

² When several sailors act together, the penalty will be imprisonment or a fine. The instigators will be punished more severely.

³ The offence will be disciplined if it is of little gravity.

Abandonment of position

¹ The sailor of a Swiss ship which, committed to a service essential to the safety of the ship or navigation, will have abandoned his position or will have fallen asleep during that service, shall be liable to imprisonment for not more than six months or to a fine of 2000 francs At most.

² The offence will be disciplined if it is of little gravity.

Ivresse

¹ The captain of a Swiss ship who has found himself, drunkenness or intoxication due to his or her fault, in a condition excluding or seriously diminishing his capacity to drive the ship, shall be liable to imprisonment for one year or a fine of 5000 No more than.

² The sailor who has found himself, during a service essential to the safety of the ship or of navigation, in a state of intoxication or intoxication due to his fault, shall be punished by imprisonment for not more than six months or a fine of up to 2000 francs. The offence will be disciplined if it is of little gravity.

Disobedience

¹ The sailor of a Swiss ship who has not obeyed an order of a superior concerning the nautical or technical conduct of the ship or the execution of a disciplinary penalty shall be liable to imprisonment for not more than three months or to a fine of 1000 No more than.

² The offence will be disciplined if it is of little gravity.

³ If it is an order to save the vessel itself, another vessel or persons in danger of being lost at sea, the penalty shall be imprisonment for up to one year or a fine of not more than 5,000 francs.

⁴ Single bodily injury or assault by a seaman on the person of a superior shall be prosecuted ex officio. ¹

Prohibited Landings

¹ The person who, without the authorisation of the shipowner or the master, will have boarded, possessed or concealed on board a Swiss ship objects, in particular dangerous or prohibited objects, the one which, without the authorisation of the shipowner or the master, will have embarked or Hiding persons on board a Swiss vessel will be punished with imprisonment or a fine.

² The offence will be disciplined if it is of little gravity.

Acts prejudicial to the shipowner or the master ¹

¹ The person who, without the knowledge of the shipowner or the master of a Swiss ship, has engaged in the smuggling or has committed other illegal acts and has thereby put the shipowner or the captain in danger of being punished or beaten by a seizure of the ship Or of the cargo, by delaying the departure or by any other similar measure,

Be punished by imprisonment for up to one year or a fine.

² The offence will be disciplined if it is of little gravity.

³ The master of a Swiss vessel who has committed such acts without the knowledge of the shipowner shall be liable to imprisonment or a fine.

Flag Abuse

¹ Those who have beaten the Swiss flag on the sea to cover the navigation of a vessel not registered in the register of Swiss ships, the captain of a Swiss ship who will not have beaten the Swiss flag at sea or who will have beaten a flag Alien, will be punished by imprisonment or fine.

² The master of a Swiss vessel which has not flown a Swiss flag in the prescribed form, or who has not flown it in the usual manner for the ships of the category of his own, shall be liable to the fine.

³ Those who have beaten the Swiss flag on the sea or a similar sign to cover the navigation of a yacht not registered in the Swiss yachts register or who have beaten a foreign flag or a foreign analogue sign for a yacht registered in the Register of Swiss yachts, will be punished by imprisonment or fine. ¹

Fraud in Registration

¹ Those who, during the procedure for the registration of a ship in the register of Swiss ships or the procedure for the regularisation of the conditions of ownership, have made incorrect or covert declarations of essential facts, in particular concerning the Legal conditions relating to ownership, the existence of own funds, the origin of the capital and the absence of any unauthorized foreign interest, shall be punishable by imprisonment or a fine of not more than 50 000 francs.

² The penalty shall be a fine of not more than 10,000 francs if the offender has acted negligently.

³ The owner or shipowner of a Swiss ship which has not announced to the competent authority new facts which may cause the ship to be removed from the register of Swiss ships or the withdrawal of the letter of sea,

The owner or lessee of a Swiss vessel which has leased or sublet the ship to a tenant or sub-tenant who does not comply with the legal requirements of a Swiss shipowner, shall be liable to a fine of not more than 10 000 francs.

⁴ A person who has breached the requirements of the Federal Council on the registration of pleasure yachts in a Swiss register, who has made incorrect or covert declarations of essential facts in order to obtain the registration of a Pleasure yacht,

Be punished by imprisonment or a fine of not more than 20 000 francs. The penalty will be a fine of up to 5,000 francs if the offender has acted negligently. ¹

Subtraction of the ship, violation of a provision of the authority

¹ The person who subtracts a ship registered in the register of Swiss vessels in the seizure, the receiver, the auction, the requisition or the expropriation ordered by the competent Swiss authority shall be punished by imprisonment or The fine for the value of the ship at most. The judge may, on application, grant to the injured the amount of the fine paid, against assignment by them to the State of a corresponding part of their claims.

² The owner, shipowner or captain of a Swiss ship that has not observed a provision made by the Federal Council under Art. 6 will be punished by imprisonment or fine.

³ The shipowner, the carrier or the master who will have boarded or transported goods prohibited by the Federal Council on board a Swiss vessel, shall be liable to imprisonment or a fine. In the case of the prohibited transport of war material, the penalty may be imprisonment for up to five years and the fine.

Irregular Alienation

A person who transfers to a foreigner a Swiss vessel whose cancellation has not been authorized shall be liable to imprisonment or to the fine up to the market value of the vessel.

Non-return of the sea letter

Whoever, obliged by law to return the sea letter or any other certificate in respect of a Swiss vessel, will have breached that obligation, shall be liable to a fine of not more than 20 000 francs.

Neglect in the keeping of logbooks

The captain of a Swiss ship who has breached legal or contractual obligations:

A.

Keep and keep in good shape the ship's book, the crew role, the newspaper of the machines or other books, minutes and control documents;

B.

Keep books, papers, documents and regulatory documents on board,

Be punished with the fine.

Negligence in the duties of information

The master, owner or shipowner of a Swiss ship which has violated its legal obligation to inform or inform the Swiss Maritime Navigation Office, the Swiss Ship Registry Office or the Consulates of Switzerland shall be punished by The fine.

Contraventions of the provisions on nationality and labour legislation

The master or shipowner of a Swiss ship which has violated the provisions which, in this Law and the orders and regulations which will complement it, concern the nationality of the crew, the duration of the work, the minimum age for enrolment, The medical examination and the qualifications required for the service provided, the procedure for recruitment and derailing, as well as food and accommodation on board, the master who has breached the requirements concerning the execution of a disciplinary penalty, Be punished with the fine.

Contraventions of the provisions of the Maritime Labour Convention

The master or the shipowner of a Swiss ship contravening the provisions of the Maritime Labour Convention of 23 February 2006 ² Is punishable by the fine.

Contraventions of provisions on passenger transport

The master or shipowner of a Swiss ship which has violated the provisions of this Law and of the orders and regulations which will complement it with regard to the safety of the carriage of passengers by sea, the armament of the ships intended for it, Or the accommodation or food of passengers, shall, if the act is not punishable under any other legal provision, be punished by a fine of not more than 20 000 francs.

Accessory Peines

¹ Where an offender has been convicted of endanging the ship or navigation, for lack of airworthiness, for lack of assistance, for the abandonment of the ship at risk, for non-exercise of command or for abandonment of post, the judge may Impose as an ancillary penalty the withdrawal of the patent or certificate of professional fitness and the prohibition of serving on board a Swiss vessel.

² When an offender has been convicted of abuse of flag, for fraud in the registration process or for failure to comply with a measure ordered by the Federal Council under s. 6, the judge may impose as an accessory the withdrawal of the letter of sea.

Offences in a business

¹ Where an offence is committed in the management of a corporation, a partnership or a limited partnership, an individual undertaking or a community without a legal personality or otherwise in the course of a Activity for a third party, the criminal provisions shall apply to natural persons who have committed the act.

² The chief of business, the employer, the principal or the representative who, intentionally or negligently and in breach of a legal obligation, fails to prevent an offence committed by the subordinate, the representative or the representative or Delete the effects, subject to the criminal provisions applicable to the author who has acted intentionally or negligently.

³ Where the chief of business, the employer, the principal or the representative is a corporation, a partnership or a limited partnership, an individual business or a community without a legal personality, para. 2 applies to organs and their members, to managing partners, effective leaders or liquidators.

⁴ In the cases provided for in art. 144 to 146, the legal person, the partnership or the limited partnership, the individual undertaking or the community without a legal personality shall jointly and severally correspond with the offender the payment of the fines.

Extradition

Offences which, according to the provisions of this Law, are punishable by imprisonment of one year or more severe punishment, give rise to extradition within the meaning of the Swiss law on extradition to foreign states.

Disciplinary Faults

¹ A person who contravening the general requirements of service or order on board is guilty of a lack of discipline unless the act is punishable as a crime, offence or contravention.

² In particular, disciplinary offences are:

A.

Disobedience to the order of a superior in respect of the on-board service;

B.

The infringement of the requirements of the Regulations;

C.

Obstruction of order and life on board;

D.

Neglect or inattention in the performance of a duty of service;

E.

The failure to attend or be absent from the service;

F.

The irregular absence of the edge;

G.

The drunkenness of the service; the drunkenness of the service if it caused a public scandal;

H.

Any improper or offensive conduct for a superior or any other person on board.

³ Only the person who acts in a guilty manner is punishable. The sentence will be chosen and measured on the basis of the author's guilt. It will take into account the motives and character of the culprit, his driving on board, and the seriousness of the fault from the point of view of order and safety on board.

Personal conditions and penalties

¹ Any person on board a Swiss ship shall be subject to the disciplinary procedure laid down in this Law.

² Only the following disciplinary penalties are allowed:

A.

For mariners:

-

Reprimand,

-

The removal of the leave for one to five days,

-

The disciplinary fine of 10 to 250 francs, ¹

-

Judgments lasting one to three days;

B. ² For passengers and other persons on board:

-

Reprimand,

-

The disciplinary fine of 50 to 500 francs.

³ Accumulation of disciplinary penalties is prohibited.

Jurisdiction

¹ Disciplinary power shall be the responsibility of the master or his or her replacement, who may impose all the disciplinary penalties provided for in this Law.

² If, in criminal proceedings, it is an offence for which disciplinary punishment is provided for in cases of minor gravity, and if such a case is admitted, or if the act committed is regarded as a mere fault of discipline, the court shall Acquittal of the accused, may pronounce all disciplinary punishments. If the investigating authority makes a non-suit order on the same grounds, it shall deliver the case to the presiding judge of the court, who would be competent in criminal matters. The court may issue all required disciplinary penalties. ¹

³ If the culprit is no longer serving a Swiss vessel, a sentence of common judgment of the same duration may be imposed in lieu of disciplinary decisions. ²

Enforcement of Disciplinary Sentences

¹ The reprimand is imposed orally or in writing. In the case of a passenger, it may, in special cases, be imposed publicly.

² The removal of the leave is incurred on arrival at the next port. The culprit must, even during the free hours, be on board the ship.

³ The officers undergo the stops in their cabins, the other sailors in a designated space for that use on board the ship. The stops must, as the service on board permit, be sustained immediately. The one put to the stops does not make a service. The stopping premises shall be dry, illuminated by daylight, sufficiently ventilated and in accordance with the hygiene requirements to be met by the cabins.

⁴ ... ¹

⁵ The fines must be paid to the Swiss Agency for Maritime Navigation, which uses them for the purpose of foresight in favour of seafarers and members of their families. The Swiss Agency for Maritime Navigation may also use these funds to support actions designed in particular to promote maritime navigation under the Swiss flag or to pay premiums for special benefits provided by Sailors. The Federal Department of Foreign Affairs lays down a regulation on the allocation of these funds. ²

Limitation period

¹ The right to discipline and punishment for disciplinary offences is prescribed for three months.

² This requirement is not subject to interruption. However, if the act gives rise to the opening of a criminal procedure, the statute of limitations shall run only from the arrival at the next port, and shall be suspended for the duration of the proceedings. ¹

Procedure

¹ In each case, the accused will be able to explain, orally or in writing, his actions and the motives for his conduct. If he so requests, his explanations must be recorded.

² The delivery of any disciplinary penalty shall be communicated to the accused, either orally or in writing, with an indication of the misconduct, and shall be reported in the book of flight. The communication of the decision shall be attested in the book by the accused and the master; if the accused refuses his signature, another officer shall be called to testify in writing of the pronouncement of the disciplinary penalty and of his communication.

Right of appeal

¹ The disciplinary penalty imposed by the captain becomes enforceable with his or her communication to the offender. Within ten days after arriving at the next port, the offender may, in writing, make a written appeal that has no suspensive effect:

A.

Before the President of the competent court against a disciplinary sentence;

B.

Before the Swiss Maritime Navigation Office against another disciplinary penalty. ²

² The action shall not have suspensory effect. ³

³ The requirements of the Federal Act of 20 December 1968 on administrative procedure ⁴ Apply in accordance with the meaning of this appeal procedure. ⁵

⁴ ... ⁶