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RS 0.747.331.53 1976 Convention on Limitation of Liability for Maritime Claims, 19 November 1976

Original Language Title: RS 0.747.331.53 Convention de 1976 sur la limitation de la responsabilité en matière de créances maritimes, du 19 novembre 1976

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0.747.331.53

Original text

1976 Convention on Limitation of Liability for Maritime Claims

Conclue in London on 19 November 1976
Approved by the Federal Assembly on March 20, 1987 1
Instrument of accession deposited by Switzerland on 15 December 1987
Entry into force for Switzerland on 1 Er April 1988

(State on 25 July 2013)

The States Parties to this Convention,

Having recognised the usefulness of establishing a common agreement on certain uniform rules relating to the limitation of liability in respect of maritime claims;

Have decided to conclude an agreement to that effect, and, accordingly, have agreed as follows:

Chapter I The right to limitation

Art. 1 Persons entitled to limit their liability

1. Ship owners and wizards, as defined below, may limit their liability in accordance with the rules of this Convention in respect of claims under Art. 2.

2. The term "shipowner" means the owner, charterer, shipowner and shipowner-manager of a seagoing vessel.

3. "Assistant" means any person who provides services in direct relation to assistance or rescue operations. These operations also include those under s. 2, para. 1, para. D), e) and f).

4. If any of the claims under s. 2 shall be made against any person whose facts, negligence and negligence lead to the liability of the owner or assistant, that person shall have the right to avail himself of the limitation of liability provided for in this Convention.

5. In this Convention the term "liability of the owner of a ship" shall include liability arising out of an action brought against the ship itself.

6. The insurer covering liability in respect of claims subject to limitation in accordance with the rules of this Convention shall be entitled to avail itself of it to the same extent as the insured person himself.

7. The fact of relying on limitation of liability does not imply recognition of that responsibility.

Art. 2 Creatures subject to limitation

1. Subject to s. 3 and 4, the following claims, irrespective of the basis of liability, are subject to limitation of liability:

(a)
Death claims for personal injury, for loss and for damage to all property (including damage to the works of art in ports, basins, waterways and aids to navigation), which occurred on board the ship or in direct relation to The operation of the latter or with assistance or rescue operations, as well as any other damage resulting from it;
(b)
Claims for damage caused by a delay in the carriage by sea of the cargo, passengers or their baggage;
(c)
Claims for other damages arising out of the infringement of all rights of non-contractual source, and that have occurred in direct connection with the operation of the ship or with assistance or rescue operations;
(d)
Debts for having swolled, removed, destroyed or rendered harmless a ship that was sunk, shipwrecked, failed or abandoned, including all that is or was on board;
(e)
Claims for abducting, destroying or rendering harmless the cargo of the ship;
(f)
Claims produced by a person other than the person responsible for the measures taken to prevent or reduce damage for which the responsible person may limit its liability in accordance with this Convention, and for the purposes of Subsequent damage caused by these measures.

(2) The claims referred to in paragraph 1 shall be subject to limitation of liability even if they are the subject of an action, whether contractual or not, recuring or guaranteeing. However, the claims filed under paras. (d), (e) and (f) of s. 1 is not subject to limitation of liability to the extent that they relate to remuneration pursuant to a contract with the person in charge.

Art. 3 Creatures excluded from limitation

The rules of the present Convention shall not apply:

(a)
The claims of the head of assistance, rescue, or contribution in common damage;
(b)
Claims for damage caused by oil pollution within the meaning of the International Convention on Civil Liability for Oil Pollution Damage dated 29 November 1969 1 , or any amendment or protocol to it that is in force;
(c)
Claims subject to any international convention or national law governing or prohibiting the limitation of liability for nuclear damage;
(d)
Claims for nuclear damage made against the owner of a nuclear vessel;
(e)
To the claims of the servants of the owner of the ship or assistant whose duties relate to the service of the ship or to assistance or rescue operations as well as to the claims of their heirs, successors in title or other persons based on To form such claims if, according to the law governing the contract of engagement between the owner of the ship or the assistant and the servants, the owner of the ship or assistant is not entitled to limit its liability in respect of those Claims, or, if, according to that law, it can only do so to an amount greater than That provided for in s. 6.

Art. 4 Conduct suppressing the limitation

A responsible person is not entitled to limit his liability if it is proved that the damage is the result of his personal act or omission, committed with the intention of causing such damage, or recklessly and conscientiously committed That such damage would likely result.

Art. 5 Compensation for claims

If a person entitled to limit his liability in accordance with the rules of this Convention has against his creditor a debt arising out of the same event, their respective claims shall be compensated and the provisions of this Convention shall not Apply to the potential balance.

Chapter II Limits of liability

Art. 6 General limits

1. The limits of liability for claims other than those referred to in s. 7, born of the same event, shall be fixed as follows:

(a)
In relation to claims for death or personal injury,
(i)
333,000 units of account for a ship whose tonnage does not exceed 500 tons;
(ii)
For a ship whose tonnage exceeds the above figure, to the following amount in addition to the amount shown in para. (i): for each barrel of 501 to 3000 tons, 500 units of account; for each barrel of 3001 to 30 000 tons, 333 units of account; for each barrel of 30 001 to 70 000 tons, 250 units of account; and for each barrel above 70,000 Barrels, 167 units of account,
(b)
With regard to all other claims,
(i)
167 000 units of account for a ship whose tonnage does not exceed 500 tons;
(ii)
For a ship whose tonnage exceeds the above figure, to the following amount in addition to the amount shown in para. (i): for each barrel from 501 to 30 000 tons, 167 units of account; for each barrel of 30 001 to 70 000 tons, 125 units of account, and for each barrel above 70,000 tons, 83 units of account.

2. Where the amount calculated in accordance with para. (a) para. 1 is insufficient for the full settlement of the claims referred to in that paragraph, the amount calculated in accordance with para. (b) from s. 1 may be used to settle the unpaid balance of the claims referred to in para. (a) para. 1 and this unpaid balance is in competition with the claims referred to in para. (b) from s. 1.

3. However, without prejudice to the right of claims for death or bodily injury in accordance with para. 2, a State Party may stipulate in its national law that claims for damage caused to works of art in ports, basins, waterways and aids to navigation have, on the other claims referred to in para. (b) from s. 1, the priority provided for by this legislation.

4. The limits of the liability of any assistant who does not act from a ship, or any assistant acting solely on board the ship to which or in respect of which he provides assistance or rescue services, shall be calculated according to a Gauge of 1500 tons.

For the purposes of this Convention, the tonnage of the vessel shall be the gross tonnage calculated in accordance with the gauging rules set out in Annex 1 of the 1969 International Convention 1 On the gauging of vessels.


Art. 7 Limit on the claims of passengers

1. In the case of claims resulting from the death or personal injury of the passengers of a ship and arising from the same event, the limit of liability of the owner of the ship shall be fixed at an amount of 46,666 units multiplied by the Number of passengers that the ship is authorized to carry in accordance with its certificate, but cannot exceed 25 million units of account.

2. For the purposes of this Article, the expression "claims resulting from the death or bodily injury of the passengers of a ship" means any claim made by any person carried on that ship or on behalf of that person:

(a)
Under a passenger contract; or
(b)
Which, with the consent of the carrier, accompanies a vehicle or live animals subject to a contract for the carriage of goods.
Art. 8 Unit of account

1. The unit of account referred to in s. 6 and 7 is the Special Drawing Right as defined by the International Monetary Fund. Amounts referred to in s. 6 and 7 shall be converted into the national currency of the State in which the limitation of liability is invoked; conversion shall be effected according to the value of that currency on the date on which the fund was established, the payment made or the guarantee Equivalent provided in accordance with the law of that State. The value, in the Right of Special Drawing, of the national currency of a State Party which is a member of the International Monetary Fund shall be calculated according to the method of valuation applied by the International Monetary Fund on the date in question for its Own transactions and transactions. The value, in the Special Drawing Right, of the national currency of a State Party which is not a member of the International Monetary Fund shall be calculated in the manner determined by that State Party.

2. However, States which are not members of the International Monetary Fund and whose legislation does not permit the application of the provisions of s. 1 may, at the time of signature without reservation as to ratification, acceptance or approval, or at the time of ratification, acceptance, approval or accession, or at any time thereafter, declare that the Limits of liability provided for in this Convention and applicable in their territory shall be fixed as follows:

(a)
In respect of para. (a) para. 1 of the art. 6:
(i)
5 million monetary units for a ship whose tonnage does not exceed 500 tons;
(ii)
For a ship whose tonnage exceeds the above figure, to the following amount, in addition to the amount indicated in paragraph (i): for each barrel of 501 to 3000 tons, 7500 currency units; for each barrel of 3001 to 30 000 tons, 5000 Monetary units;
For each barrel of 30 001 to 70 000 tons, 3750 currency units; and for each barrel above 70 000 tons, 2500 currency units; and
(b)
In respect of para. (b) from s. 1 of the art. 6:
(i)
2.5 million monetary units for a ship whose tonnage does not exceed 500 tons;
(ii)
For a ship whose tonnage exceeds the above figure, to the following amount in addition to the amount shown in para. (i): for each barrel from 501 to 30 000 tons, 2500 currency units; for each barrel of 30 001 to 70 000 tons, 1850 currency units; and for each barrel above 70,000 tons, 1250 currency units; and
(c)
In respect of s. 1 of the art. 7 to an amount of 700 000 monetary units multiplied by the number of passengers that the ship is authorised to carry in accordance with its certificate, but not exceeding 375 million monetary units.

The s. 2 and 3 of Art. 6 apply accordingly to paras. (a) and (b) of this paragraph.

3. The monetary unit referred to in subs. 2 corresponds to sixty-five and a half milligrams of gold in the title of nine hundred thousandths of the end. The conversion into national currency of the amounts indicated in par. 2 shall be carried out in accordance with the legislation of the State concerned.

4. The calculation referred to in the last sentence of s. 1 and the conversion referred to in s. 3 must be made in such a way as to express in the national currency of the State Party the same real value, to the extent possible, that expressed in units of account in art. 6 and 7. At the time of signature without reservation as to the ratification, acceptance or approval, or at the time of deposit of the instrument referred to in Art. 16, and each time a change occurs in their method of calculation or in the value of their national currency in relation to the unit of account or monetary unit, the States Parties shall communicate to the depositary their method of calculation As per s. 1, or the results of the conversion in accordance with paragraph 1. 3, as applicable.

Art. Receivables competition

1. The limits of liability determined under s. 6 apply to all claims arising from the same event:

(a)
In respect of the person or persons referred to in s. 2 of the art. 1 and any person whose facts, negligence or misconduct lead to the liability of the person or the person; or
(b)
In respect of the owner of a ship which provides assistance or rescue services from that ship and in respect of the assistant or assistants acting from that ship and any person whose facts, negligence or negligence Result in the liability of the person or the person;
(c)
In respect of the assistant or assistants who do not act from a ship or act solely on board the ship to which or in respect of which assistance or rescue services are provided and of any person whose facts, negligence or Mistakes result in the liability of the person or of the latter.

2. The limits of liability determined under s. 7 applies to all claims that may arise from the same event in respect of the person or persons referred to in s. 2 of Article 1 in respect of the ship to which reference is made to s. 7 and any person whose facts, negligence or misconduct lead to the liability of the person or the person concerned.

Art. 10 Limitation of liability without the creation of a limitation fund

1. Limitation of liability may be invoked even if the limitation fund referred to in s. 11 has not been constituted. However, a State Party may stipulate in its national law that where an action is brought before its courts in order to obtain payment of a claim subject to limitation, a responsible person may not invoke the right to limit his Liability if a limitation fund has been established in accordance with the provisions of this Convention or is constituted where the right to limit liability is invoked.

2. If the limitation of liability is invoked without the creation of a limitation fund, the provisions of Art. 12 apply to the rider.

(3) The rules of procedure concerning the application of this Article shall be governed by the national law of the State Party in which the action is brought.

Chapter III The limitation fund

Art. 11 Constitution of the Fund

(1) Any person whose responsibility may be called into question may constitute a fund with the court or any other competent authority of any State Party in which an action is taken in respect of claims subject to limitation. The Fund shall be made up of the amount as calculated in accordance with the provisions of Art. 6 and 7 applicable to claims of which this person may be liable, increased interest accrued from the date of the event giving rise to liability up to that of the establishment of the fund. Any such fund shall be available only to settle claims in respect of which the limitation of liability may be invoked.

2. A fund may be constituted either by recording the sum or by providing a guarantee acceptable under the legislation of the State Party in which the fund is constituted and considered adequate by the court or by any other Competent authority.

3. A fund set up by one of the persons mentioned in paras. (a), (b) or (c) of s. 1 or a par. 2 of the art. 9, or by its insurer, is deemed to be constituted by all persons referred to in s. (a), (b) or (c) of s. 1 or a par. 2, respectively.

Art. 12 Allocation of funds

Subject to the provisions of subs. 1, 2 and 3 of Art. 6 and those of s. 7, the fund is distributed among the creditors in proportion to the amount of their claims against the fund.

2. If, before the distribution of the fund, the responsible person, or its insurer, has settled a claim against the fund, that person is subrogated to the amount that it has paid, in the rights that the beneficiary of that settlement would have Under this Convention.

3. The right of subrogation under subs. 2 may also be exercised by persons other than those mentioned above, for any amount that they would have paid as compensation, but only to the extent that such subrogation is permitted by the applicable national law.

4. If the person in charge or any other person establishes that the person may subsequently be obliged to pay all or part of the payment in whole or in part as compensation for which he would have enjoyed a right of subrogation under the By. 2 and 3 if that amount had been paid before the distribution of the fund, the court or any other competent authority of the State in which the fund is constituted may order that a sufficient sum be provisionally reserved for that purpose Person to subsequently enforce his or her rights against the fund.

Art. 13 End of non-receipt

1. If a limitation fund has been established in accordance with s. 11, no person who has filed a claim against the fund may be permitted to exercise rights in respect of that debt on other property of a person by or on behalf of which the fund has been constituted.

2. After the establishment of a limitation fund in accordance with Art. 11, any ship or other property belonging to a person on whose behalf the fund has been constituted, which has been seized in the jurisdiction of a State Party for a claim which may be opposed to the fund, or any guarantee provided, may be the subject of Of a release ordered by the court or any other competent authority of that State. However, this release is always ordered if the limitation fund has been established:

(a)
At the port where the event occurred or, if the event occurred outside a port, at the next port of call;
(b)
At the port of landing for claims for death or personal injury;
(c)
At the port of discharge for claims for damage to cargo; or
(d)
In the State where the seizure takes place.

3. The provisions of s. 1 and 2 apply only if the creditor can produce a claim against the limitation fund before the court administering that fund and if the latter is actually available and freely transferable in respect of that debt.

Art. 14 Applicable law

Subject to the provisions of this Chapter, the rules on the constitution and distribution of a limitation fund, together with any rules of procedure in relation to them, shall be governed by the law of the State Party in which the Fund is constituted.

Chapter IV Scope of application

Art. 15

(1) This Convention shall apply whenever a person referred to in Article 1 seeks to limit his or her liability to the court of a State Party, attempts to have a ship or other seized property seized or to be lifted Other security provided to the court of that State. Nevertheless, any State Party shall have the right to exclude wholly or partly from the application of this Convention any person referred to in Article 1 which has not, at the time when the provisions of this Convention are invoked Before the courts of that State, its habitual residence or principal place of business in one of the States Parties or whose ship it invokes the right to limit its liability or for which it wishes to obtain the release, does not beats, To the above mentioned date, the flag of one of the States Parties.

2. A State Party may stipulate according to express provisions of its national law that the limitation of liability regime applies to ships which are:

(a)
Under the legislation of that State, vessels intended for navigation on inland waterways;
(b)
Vessels of less than 300 tons.

A State Party which makes use of the faculty provided for in this paragraph shall notify the depositary of the limits of liability adopted in its national law or the fact that such limits are not provided for.

A State Party may stipulate under express provisions of its national law that the system of limitation of liability shall apply to claims arising from events in which the interests of persons who are nationals Other States Parties are in no way involved.

4. The courts of a State Party shall not apply this Convention to ships constructed or adapted for drilling operations when performing such operations:

(a)
Where that State has established within the framework of its national law a limit of liability in excess of that which is otherwise provided for in Art. 6; or
(b)
Where that State has become a Party to an international convention laying down the liability regime applicable to such ships.

In the case where para. (a) above, that State shall inform the depositary accordingly.

5. This Convention shall not apply to:

(a)
Hovercraft;
(b)
Floating platforms for the exploration or exploitation of the natural resources of the seabed and its subsoil.

Chapter V Final clauses

Art. 16 Signature, ratification and accession

1. This Convention shall be open for signature by all States at the headquarters of the Intergovernmental Consultative Organization for Marine Navigation 1 (hereinafter referred to as "the Organization") Of 1 Er February 1977 to 31 December 1977 and remains open for accession.

2. All States may become Parties to this Convention by:

(a)
Signature without reservation as to ratification, acceptance or approval;
Or
(b)
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c)
Membership.

3. The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument in due form with the Secretary-General of the Organization (hereinafter referred to as "the Secretary-General").


1 Since 22 May 1982, the Organization has been named "International Maritime Organization".

Art. 17 Entry into force

(1) This Convention shall enter into force on the first day of the month following the expiration of a period of one year from the date on which twelve States have signed without reservation as to ratification, acceptance or approval, or Deposited an appropriate instrument of ratification, acceptance, approval or accession.

2. For a State which deposits an instrument of ratification, acceptance or approval of the Convention or accession to it or which signs without reservation as to the ratification, acceptance or approval after the conditions governing The entry into force of the Convention has been complied with but before the date of its entry into force, ratification, acceptance, approval or accession or signature without reservation as to ratification, acceptance or approval shall take effect On the date of entry into force of the Convention or on the first day of the month following the Ninetieth day after the date of signature or deposit of the instrument, whichever is later.

3. For any State which subsequently becomes a Party to this Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of ninety days from the date on which that State deposited its Instrument.

4. As regards relations between States which ratify, accept, approve or accede to this Convention, this Convention replaces and repeals the International Convention on the Limitation of the Liability of Owners of Ships, made in Brussels on 10 October 1957 1 And the International Convention for the Unification of Certain Rules Relating to the Limitation of the Liability of Owners of Seagoing Ships, signed at Brussels on 25 August 1924.


Art. 18 Reserve

(1) Any State may, upon signature, ratification, acceptance, approval or accession, reserve the right to exclude the application of paras. (d) and (e) of Art. 1 of Art. 2. No other reservation relating to a substantive issue of this Convention shall be admissible.

2. A reservation made at the time of signature must be confirmed upon ratification, acceptance or approval.

3. Any State which has made a reservation in respect of this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. This withdrawal shall take effect on the date on which the notification is received. If it is indicated in the notification that the withdrawal of a reservation will take effect on a date specified and that date is later than the date of receipt of the notification by the Secretary-General, the withdrawal shall take effect on the date Specified.

Art. 19 Denunciation

(1) This Convention may be terminated by any of the Parties at any time after one year from the date on which the Convention enters into force in respect of that Party.

2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General.

(3) Denunciation shall take effect on the first day of the month following the expiration of one year from the date of the deposit of the instrument or at the expiration of any longer period that may be specified in that instrument.

Art. Revision and amendment

(1) The Organization may convene a conference to revise or amend this Convention.

2. The Organization shall convene a Conference of the States Parties to this Convention with the object of revising or amending it at the request of at least one third of the Parties.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be deemed to apply to the amended text of the Convention, unless a contrary provision Is not specified in the device.

Art. Revision of the limitation amounts and the unit of account or monetary unit

(1) Notwithstanding the provisions of s. 20, a conference for the sole purpose of reviewing the amounts set out in s. 6 and 7 and para. 2 of the art. 8, or replace any of the two units defined to s. 1 and 2 of Art. 8, by other units, shall be convened by the Organization in accordance with subs. 2 and 3 of this article. The revision of the amounts is only made following a significant change in their actual value.

2. The Organization shall convene the Conference at the request of at least one-quarter of the States Parties.

The decision to revise the amounts or replace the units by other units shall be taken by a two-thirds majority of the States Parties present and voting at that conference.

4. Any State which deposits its instrument of ratification, acceptance, approval or accession to the Convention after the entry into force of an amendment shall apply the Convention as amended.

Art. Depositary

This Convention shall be deposited with the Secretary-General.

2. The Secretary-General:

(a)
Transmit certified copies of this Convention to all States invited to participate in the Conference on Limitation of Liability for Maritime Claims and to all other States acceding to the Convention;
(b)
Inform all States that have signed or acceded to the Convention:
(i)
Any new signature, instrument deposit and any reservations thereto, as well as the date on which such signature or deposit occurred;
(ii)
The date of entry into force of this Convention or of any amendment to that Convention;
(iii)
Any denunciation of this Convention and the date on which it takes effect;
(iv)
Any amendment adopted in accordance with Art. 20 or 21;
(v)
Any communication required by any of the articles of this Convention.

On the entry into force of this Convention, the Secretary-General shall send a certified copy to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Convention. Charter of the United Nations 1 .


Art. Languages

This Convention shall be established in a single original in the English, Spanish, French and Russian languages, each text being equally authentic.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at London this nineteen November mil nine hundred seventies.

(Suivent signatures)

Scope of application on 25 July 2013 2

States Parties

Ratification Accession (A)

Entry into force

Albania

7 June

2004 A

1 Er October

2004

Algeria

August 4

2004 A

1 Er December

2004

Antigua and Barbuda

12 October

2009 A

1 Er February

2010

Australia

20 February

1991 A

1 Er June

1991

Azerbaijan

July 16

2004 A

1 Er November

2004

Bahamas

7 June

1983 A

1 Er December

1986

Barbados

6 May

1994 A

1 Er September

1994

Belgium *

15 June

1989 A

1 Er October

1989

Benin

1 Er November

1985 A

1 Er December

1986

Bulgaria

4 July

2005 A

1 Er November

2005

China *

Hong Kong * A

5 June

1997

1 Er July

1997

Cyprus

December 23

2005 A

1 Er April

2006

Congo (Brazzaville)

7 September

2004 A

1 Er January

2005

Croatia

2 March

1993 A

1 Er June

1993

Dominica

August 31

2001 A

4 December

2001

Egypt

30 March

1988 A

1 Er July

1988

United Arab Emirates

19 November

1997 A

1 Er March

1998

Spain

13 November

1981

1 Er December

1986

Estonia *

23 October

2002 A

1 Er February

2003

France *

1 Er July

1981

1 Er December

1986

Georgia

20 February

1996 A

1 Er June

1996

Greece

3 July

1991 A

1 Er November

1991

Equatorial Guinea

24 April

1996 A

1 Er August

1996

Guyana

10 December

1997 A

1 Er April

1998

Hungary

4 July

2008 A

1 Er November

2008

Cook Islands

12 March

2007 A

1 Er July

2007

Marshall Islands

29 November

1994 A

1 Er March

1995

India

August 20

2002 A

1 Er December

2002

Ireland *

24 February

1998 A

1 Er June

1998

Jamaica

August 17

2005 A

1 Er December

2005

Kiribati

5 February

2007 A

1 Er June

2007

Latvia

July 13

1999 A

1 Er November

1999

Liberia

17 February

1981 A

1 Er December

1986

Lithuania

3 March

2004 A

1 Er July

2004

Luxembourg

21 November

2005

1 Er March

2006

Mauritius

17 December

2002 A

1 Er April

2003

Mexico

13 May

1994 A

1 Er September

1994

Mongolia

28 September

2011 A

1 Er January

2012

Nigeria

24 February

2004 A

1 Er June

2004

Niue

27 June

2012 A

1 Er October

2012

Norway *

30 March

1984

1 Er December

1986

New Zealand B

February 14

1994 A

1 Er June

1994

Poland *

28 April

1986 A

1 Er December

1986

Romania

12 March

2007 A

1 Er July

2007

Saint Lucia

20 May

2004 A

1 Er September

2004

Samoa

18 May

2004 A

1 Er September

2004

Sierra Leone

26 July

2001 A

1 Er November

2001

Singapore *

24 January

2005 A

1 Er May

2005

Switzerland *

15 December

1987 A

1 Er April

1988

Syria

2 September

2005 A

1 Er June

2006

Tonga

18 September

2003 A

1 Er January

2004

Trinidad and Tobago

6 March

2000 A

1 Er July

2000

Turkey

6 March

1998 A

1 Er July

1998

Tuvalu

12 January

2009 A

1 Er May

2009

Vanuatu

September 14

1992 A

1 Er January

1993

Yemen C

6 March

1979 A

1 Er December

1986

*

Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English can be found at the International Maritime Organization (IMO) website: www.imo.org or obtained at the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.

A

From 1 Er From December 1986 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 5 June 1997, the Convention is also applicable to the Hong Kong SAR as from 1 July 1997

B

Not applicable to Tokelau.

C

22.05.1990: Unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen in the Republic of Yemen.

Statements by Switzerland

The Federal Council states, referring to Art. 8, para. 1 and 4, of the 1976 Convention on Limitation of Liability for Maritime Claims, which Switzerland calculates in the following manner the value in the Special Drawing Right (SDR) of its national currency:

The Swiss National Bank (SNB) reports daily to the International Monetary Fund (IMF) the average price of the United States dollar in the foreign exchange market in Zurich. The counter-value in Swiss francs of a SDR is determined on the basis of the dollar price and the SDR price, as calculated by the IMF. Based on these values, the SNB calculates an average course of SDRs to be published in its Monthly Bulletin.


RO 1988 1615; FF 1986 II 741


1 RO 1988 1614
2 RO 1988 1615, 1990 1564, 2005 1603, 2007 4773, 2008 4199, 2013 2491. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on July 25, 2013