Key Benefits:
Original text
(State on 2 June 2014)
The States Parties to this Convention
Decide to establish the International Maritime Organization 3 (hereinafter referred to as "Organization")
The goals of the Organization are:
1 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
2 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980, and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
To achieve the goals set out in Part I, the Organization shall:
1 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721). According to the same wording, the former Articles 3 to 31 become Articles 2 to 30 and references to the Articles which appear in the text of the Convention as amended accordingly.
For matters that it considers likely to be resolved by the usual commercial methods of international maritime transport, the Organisation recommends this method of regulation. If it is of the opinion that a matter concerning the unfair restrictive practices of marine shipping undertakings is not subject to regulation by the usual commercial methods of international maritime transport or If, to the test, it has not been possible to resolve it by these methods, the Organization, provided that the matter has first been the subject of direct negotiations between the interested members, examines the matter, at the request of one of them.
All States may become members of the Organization under the conditions set out in Part III.
Members of the United Nations may become members of the United Nations by acceding to the Convention in accordance with the provisions of Art. 71.
Non-member States of the United Nations that have been invited to send representatives to the United Nations Maritime Conference convened in Geneva on 19 February 1948 may become members by acceding to the Convention in accordance with the provisions of Art. 71.
Any State which has no standing to become a member under Art. 5 or s. 6 may request, through the Secretary-General of the Organization, to become a member; he shall be admitted as a member when he or she has acceded to the Convention in accordance with the provisions of Art. 71, provided that, on the recommendation of the Council, its application for admission has been approved by two thirds of the members of the Organisation other than the associate members.
Any territory or group of territories to which the Convention has been made applicable under Art. 72, by the Member responsible for international relations or by the United Nations, may become an associate member of the Organization by written notification to the Secretary-General of the Organization by written notification to the Secretary-General Of the United Nations by the responsible member, or, where appropriate, by the United Nations.
An Associate Member shall have the rights and obligations recognized to any Member by the Convention. It cannot, however, take part in the Council's vote or be part of that body. Subject to this reservation, the word "Member" in this Convention shall be considered, unless the context otherwise indicates, as also designating Associate Members.
1 New content according to the WEU Assembly Resolution of 17 October. 1974, approved by the Ass. Fed. The 24th of seven. 1975 and in force for Switzerland since 1 Er April 1978 (RO 1978 365, 1977 1074 art. 1 Er FF; FF 1975 I 937).
No State or territory shall become or remain a member of the Organization contrary to a resolution of the General Assembly of the United Nations.
The Organization shall comprise an Assembly, a Council, a Maritime Safety Committee, a Legal Committee, a Committee on the Protection of the Marine Environment, a Committee on Technical Cooperation and such subsidiary bodies as the Organization would consider Time to create, as well as a Secretariat.
1 New content adapted by the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
The Assembly shall be composed of all members.
The Assembly shall meet in ordinary session once every two years. An extraordinary session shall be held, after sixty days' notice, whenever one third of the members have notified the Secretary-General of the request, or at any time if the Council considers it necessary, after giving notice of the request. 60 days as well.
The majority of members other than associate members shall be required to constitute a quorum at meetings of the Assembly.
The functions of the Assembly are as follows:
1 New content adapted by the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
The Council consists of forty members elected by the Assembly.
1 New content according to the c. I of the Amendments of the Assembly of the Organisation of 4 nov. 1993, in force since 7 Nov 2002 ( RO 2004 3291 ).
In electing the Members of the Council, the Assembly observes the following principles:
1 New content according to the c. I of the Amendments of the Assembly of the Organisation of 4 nov. 1993, in force since 7 Nov 2002 ( RO 2004 3291 ).
Members represented in the Board under s. 16, remain in office until the close of the next ordinary session of the Assembly. Retiring members are eligible for re-election.
(a) The Council shall appoint its President and adopt its rules of procedure, except as otherwise provided in this Convention.
(b) Twenty-six members of the Council constitute a quorum. 2
(c) The Council shall meet, after one month's notice, upon convocation by its President or at the request of at least four of its members, as often as may be necessary for the proper execution of its mission. It shall meet in any place it deems appropriate.
1 New content according to the Resolution of the General Assembly of the WTO of 15 November 1979, approved by the Ass. Fed. Dec. 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1276, 1982 670; FF 1980 II 721).
2 New content according to the c. I of the Amendments of the Assembly of the Organisation of 4 nov. 1993, in force since 7 Nov 2002 ( RO 2004 3291 ).
The Council, if it considers an issue that is of particular interest to a member of the organization, invites the organization to participate without the right to vote in its deliberations.
(a) The Council considered the draft programme of work and the budget estimates prepared by the Secretary-General in the light of the proposals of the Committee on Marine Safety, the Legal Committee, the Committee on the Protection of the Marine Environment, the The Committee on Technical Cooperation and other bodies of the Organization shall take this into account in establishing and submitting to the Assembly the programme of work and the budget of the Organization, having regard to the general interest and priorities of the Organization.
(b) The Council receives the reports, proposals and recommendations of the Committee on Maritime Safety, the Legal Committee, the Committee on the Protection of the Marine Environment and the Committee on Technical Cooperation, as well as other bodies The Organization. It shall transmit them to the Assembly and, if the Assembly does not sit, to the Members for information, together with its observations and recommendations.
(c) The Council shall not consider matters relating to art. 28, 33, 38 and 43, after consultation with the Committee on Marine Safety, the Legal Committee, the Marine Environment Protection Committee or the Technical Cooperation Committee as the case may be.
1 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
The Council, with the approval of the Assembly shall appoint the Secretary-General. The Council shall take all necessary steps to recruit the necessary staff. It sets out the terms and conditions of employment of the Secretary-General and staff, drawing as much as possible from the arrangements made by the United Nations and its specialized agencies.
At each regular session, the Council shall report to the Assembly on the work of the Organization since the previous ordinary session.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed, Dec. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
The Council shall submit to the Assembly the accounts of the Organization, together with its observations and recommendations.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
(a) The Council may conclude agreements or make arrangements for relations with other organizations, in accordance with the provisions of Part XV. These agreements and provisions will be subject to the approval of the Assembly.
(b) Taking into account the provisions of Part XV and the relations with other bodies maintained by the respective committees under Art. 28, 33 38 and 43, the Council assures between sessions of the Assembly relations with other organisations.
1 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977 approved by the Ass. Fed. On 9 dec.1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
Between sessions of the Assembly, the Council shall exercise all the functions devolved to the Organisation, with the exception of the burden of making recommendations resulting from para. (j) s. 15. In particular, the Council shall coordinate the activities of the organs of the Organization and may make the necessary adjustments to the programme of work, to the extent strictly necessary, in order to ensure the smooth functioning of the Organization.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
The Committee on Safe Seas is composed of all Members.
1 New content according to the SMO General Assembly Resolution of 17 Oct 2000. 1974, approved by the Ass. Feb. 24, Sept. 1975 and in force for Switzerland since 19 April 1978 (RO 1978 365, 1977 1074 art.1 Er Latvian; FF 1975 I 937).
(a) The Committee on Maritime Safety shall examine all matters which fall within the competence of the Organization, such as aids to maritime navigation, the construction and equipment of ships, crew matters to the extent that they Interest in safety, regulations to prevent collisions, handling of dangerous cargoes, regulation of safety at sea, hydrographic information, logbooks and documents relevant to the Marine navigation, marine accident investigations, salvage of property and Persons as well as any other matters directly related to marine safety.
(b) The Committee on Maritime Safety shall take all necessary measures to carry out the tasks entrusted to it by this Convention, the Assembly or the Council, or which may be entrusted to it under this Article to the Under any other international instrument and which may be accepted by the Organization.
(c) Taking into account the provisions of art. 25, the Committee on Maritime Safety, at the request of the Assembly and 2 The Council, or if it considers it useful in the interests of its own work, maintains close relations with other bodies to promote the aims of the Organization.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
2 Words introduced by the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 November 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
The Committee on Marine Safety submits to the Board:
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
The Committee on Marine Safety meets at least once a year. It shall elect its Bureau once a year and adopt its rules of procedure.
1 New content according to the SMO General Assembly Resolution of 17 Oct 2000. 1974, approved by the Ass. Fed. The 24th of seven. 1975 and in force for Switzerland since 1 Er April 1978 (RO 1978 365, 1977 1074 art. 1 Er FF; FF 1975 I 937).
Notwithstanding anything contrary to this Convention but subject to the provisions of Art. 27, the Committee on Marine Safety, when exercising the functions assigned to it under or under an international convention or other instrument, shall comply with the relevant provisions of that Convention or Instrument, in particular for the procedural rules to be followed.
1 Repealed by the UNWTO General Assembly Resolution of 17 October. 1974, approved by the Ass. Fed. The 24th of seven. 1975 (RO 1978 365, 1977 1074 art. 1 Er FF; FF 1975 I 937). New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721) and according to the Resolution of 17 November 1977, approved by the Ass. Fed. Dec 9. In 1980 and in force Switzerland since 10 Nov 1984, the former Articles 32 to 42 become the art. 31 to 41 and references to the articles appearing in the text of the Convention are amended accordingly (RO 1984 1268, 1982 670; FF 1980 II 721).
The Legal Committee shall be composed of all Members.
(a) The Legal Committee shall examine all legal matters within the competence of the Organization.
(b) The Legal Committee shall take all necessary measures to carry out the tasks entrusted to it by this Convention, the Assembly or the Council, or which may be entrusted to it in the context of this article under or under any Other international instrument which may be accepted by the Organization.
(c) Taking into account the provisions of art. 25, the Legal Committee at the request of the Assembly and 1 The Council, or if it considers it useful in the interests of its own work, maintains close relations with other bodies to promote the aims of the Organization.
1 Words introduced by the Resolution of the General Assembly of the OMCI of 17 Nov 1977 approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 November 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
The Legal Committee shall submit to the Council:
The Legal Committee meets at least once a year. It shall elect its Bureau once a year and adopt its rules of procedure.
Notwithstanding anything contrary to this Convention but subject to the provisions of Art. 32, the Legal Committee, when exercising the functions assigned to it under or under an international convention or any other instrument, shall comply with the relevant provisions of that Convention or instrument, In particular for the procedural rules to be followed.
The Marine Environment Protection Committee shall be composed of all Members.
The Committee on the Protection of the Marine Environment shall consider all matters within the competence of the Organization in the field of the prevention of pollution of the seas by ships and the control of such pollution, and more Especially:
The Marine Environmental Protection Committee shall submit to the Council:
The Marine Environmental Protection Committee meets at least once a year. It shall elect its Bureau once a year and adopt its rules of procedure.
Notwithstanding anything contrary to this Convention but subject to the provisions of Art. 37, the Committee on the Protection of the Marine Environment, when carrying out the functions assigned to it under or under an international convention or any other instrument, shall comply with the relevant provisions of this Relevant provisions of this Convention or instrument, in particular for the rules of procedure to be followed.
The Committee on Technical Cooperation shall be composed of all Members.
(a) The Committee on Technical Cooperation shall consider, as appropriate, all matters which fall within the competence of the Organization in respect of the implementation of technical cooperation projects financed by the relevant programme of United Nations of which the Organization is the executing or cooperative agent or by trust funds voluntarily made available to the Organization and any other matter relating to the activities of the Organization in the field of Technical cooperation.
(b) The Technical Cooperation Committee shall monitor the work of the Secretariat in the field of technical cooperation.
(c) The Committee on Technical Cooperation shall perform the functions assigned to it by this Convention, the Assembly or the Council, or missions which may be entrusted to it under this article under or under any other International instrument that can be accepted by the organization.
(d) Taking into account the provisions of Art. 25, the Committee on Technical Cooperation, at the request of the Assembly and the Council, or if it considers it useful in the interests of its own work, maintains close relations with other bodies to promote the aims of the Organization.
The Technical Cooperation Committee shall submit to the Council:
The Committee on Technical Cooperation shall meet at least once a year. It shall elect its Bureau once a year and adopt its rules of procedure.
Notwithstanding anything contrary to this Convention but subject to the provisions of Art. 42, the Committee on Technical Cooperation, when carrying out the functions assigned to it under or under an international convention or any other instrument, shall comply with the relevant provisions of that Convention or This instrument, in particular for the rules of procedure to be followed.
The Secretariat shall include the Secretary-General, as well as other staff members, whom the Organization may require. The Secretary-General shall be the highest official of the Organization and, subject to the provisions of art. 22, he appoints the personnel mentioned above.
The Secretariat is responsible for maintaining all records necessary to carry out the tasks of the Organization, and for preparing, centralizing and distributing notes, documents, agendas, minutes and information relevant to the work of the Organization. Of the Organization.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1992 (RO 1982 671 670; FF 1980 II 721).
The Secretary-General shall prepare and submit to the Board the annual accounts and a biennial budget, showing separately the forecasts for each year.
The Secretary-General is responsible for keeping members informed of the work of the Organization. Any member may accredit one or more representatives to be held in connection with the Secretary-General.
In the performance of their duties, the Secretary-General and the staff shall not seek or accept instructions from any Government or from any authority outside the Organization. They shall refrain from any action incompatible with their position as international officials and shall be responsible only to the Organization. Each member of the organization undertakes to respect the exclusively international character of the functions of the Secretary-General and staff and not to seek to influence them in the performance of their duties.
The Secretary-General shall assume all other functions which may be assigned to him by the Convention, the Assembly or the Council.
1 New content according to the UN General Assembly Resolution of 14 November 1975, approved by the Ass. Fed. 9 Dec 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
Each member shall bear the salary, travel and other expenses of his or her delegation at meetings of the Organization.
1 New content according to the UN General Assembly Resolution of 14 November 1975, approved by the Ass. Fed. 9 Dec 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
The Council shall examine the accounts and estimates prepared by the Secretary-General and submit them to the Assembly together with its observations and recommendations.
(a) Subject to any agreement that may be concluded between the Organization and the United Nations, the Assembly shall consider and approve the budget estimates.
(b) The Assembly shall allocate the amount of expenditure among all members in accordance with a scale established by the Assembly, taking into account the proposals of the Council on this matter.
Any Member who fails to fulfil its financial obligations vis-à-vis the organisation within one year from the date of their due date shall not be entitled to vote in the Assembly, the Council or the Committee on Maritime Safety or the Committee The Committee on the Protection of the Marine Environment or the Committee on Technical Cooperation; however, the Assembly may, if it so wishes, derogate from those provisions.
1 New content according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass fed. Dec 9. 1980 and in force by Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
If the Convention or an international agreement conferring powers on the Assembly, the Council, the Committee on Maritime Safety, the Legal Committee, the Committee on the Protection of the Marine Environment or the Committee on Technical Cooperation does not have Otherwise, voting in such bodies shall be governed by the following provisions:
1 New tenens according to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass fed. Dec 9. 1980 and in force by Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
(a) The headquarters of the Organization shall be established in London.
(b) If necessary, the Assembly may, by a two-thirds majority, establish the headquarters of the Organization in another place.
(c) If the Council deems it necessary, the Assembly may meet in any place other than the seat.
In accordance with Art. 57 of the Charter 2 , the Organization will be linked to the United Nations as a specialized agency in the field of marine navigation and its effects on the marine environment. The relationship is established by an agreement with the United Nations under Art. 63 of the Charter and according to the provisions of s. 25 of the Convention.
If there are issues of common interest to the Organization and a United Nations institution, the Organization will work with that institution; it will examine these issues and take action on them in concert with This institution.
For any matter within its competence, the Organization may collaborate with other intergovernmental organizations which, without being specialized agencies of the United Nations, have interests and activities related to the purposes of the Organization Continues.
The Organization may make all relevant arrangements to confer and collaborate with international non-governmental organizations on all matters within its competence.
Subject to approval by the Assembly, by a two-thirds majority of the votes, the Organization shall be authorized to take over from all other international organizations, governmental or non-governmental, the powers, resources and obligations of its Competence which would be transferred to it under international agreements or mutually satisfactory agreements concluded by the competent authorities of the organisations concerned. The Organization may also assume all the administrative functions of its jurisdiction, which have been entrusted to a Government under an international instrument.
The legal capacity, as well as the privileges and immunities that will be recognized in the Organization or granted as a result of its existence, are defined in the General Convention on the Privileges and Immunities of the Specialized Agencies Approved by the General Assembly of the United Nations on 21 November 1947, and are governed by it. Reservation is made of the amendments which may be made by the final (or revised) text of the Annex approved by the Organization, in accordance with Sections 36 and 38 of the said General Convention.
Each member undertakes to apply the provisions of Annex II of this Convention, as long as it has not acceded to the said General Convention with regard to the Organization.
The texts of the draft amendments to the Convention shall be communicated to Members by the Secretary-General at least six months before they are submitted to the Assembly for consideration. Amendments shall be adopted by the Assembly by a two-thirds majority of the votes. Twelve months after its approval by two-thirds of the Members of the Organization, not including Associate Members, each amendment shall enter into force for all Members. If, within 60 days from the beginning of the twelve-month period, a Member gives notice of its withdrawal from the Organization by reason of an amendment, the withdrawal shall take effect, notwithstanding the provisions of Art. 58, on the date on which the amendment enters into force.
1 New content according to the Resolution of the General Assembly of the WTO of 15 November 1979, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1276, 1982 670; FF 1980 II 721).
Any amendment adopted under the conditions laid down in Art. 66 shall be deposited with the Secretary-General of the United Nations, who shall forthwith communicate the text to all members.
The declarations or acceptances provided for in Art. 66 shall be served by the communication of an instrument to the Secretary-General with a view to the deposit with the Secretary-General of the United Nations. The Secretary-General shall inform the members of the receipt of the said instrument and of the date on which the amendment enters into force.
Any dispute or question arising in respect of the interpretation or application of the Convention shall be submitted to the Assembly for settlement or settlement of any other way in which the parties to the dispute may agree. Nothing in this Article shall affect the right of any organ of the Organization to settle such a dispute or issue that would arise during the term of its term of office.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
Subject to the provisions of Part III, this Convention shall remain open for signature or acceptance and States may become parties to the Convention by:
Acceptance shall be effected by the deposit of an instrument in the hands of the Secretary-General of the United Nations.
(a) Members may at any time declare that their participation in the Convention results in that of the whole, a group or only one of the territories for which they are responsible for international relations.
(b) This Convention shall not apply to territories whose members are responsible for international relations unless a declaration to that effect has been made on their behalf in accordance with the provisions of paragraph a of this article.
(c) Any declaration made in accordance with paragraph a of this article shall be communicated to the Secretary-General of the United Nations, who shall send a copy to all States invited to the United Nations Maritime Conference and to Any other States that have become Members.
(d) In cases where, under a trusteeship agreement, the United Nations is the Authority for the administration of certain Territories, the United Nations may accept the Convention on behalf of one, several or more In accordance with the procedure set out in Art. 71.
(a) Members may withdraw from the Organization after written notification to the Secretary-General of the United Nations. The Secretary-General shall immediately notify the other members and the Secretary-General of the Organization. Notification of withdrawal may take place at any time after the expiry of a period of twelve months from the date of entry into force of the Convention. Withdrawal shall take effect twelve months after the date on which the written notification reaches the Secretary-General of the United Nations.
(b) The application of the Convention to the territories or groups of territories referred to in Art. 72 may be terminated at any time by written notification addressed to the Secretary-General of the United Nations by the member in charge of their external relations or by the United Nations, in the case of a Territory under the supervision of Administration is the responsibility of the United Nations. The Secretary-General of the United Nations shall immediately notify all members and the Secretary-General of the Organization. The notification shall take effect twelve months after the date on which it reaches the Secretary-General of the United Nations.
This Convention shall enter into force when twenty-one nations, seven of which shall each have a global tonnage at least equal to one million gross tons, shall have acceded to it, in accordance with the provisions of Art. 71.
All States invited to the United Nations Maritime Conference and all other States that have become Members shall be informed by the Secretary-General of the United Nations of the date on which each State becomes a party to the Convention, as well as the date on which the Convention enters into force.
This Convention, of which the English, French and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to each of the States invited to the United Nations Maritime Conference, as well as all other States that have become Members.
The United Nations is authorized to register the Convention as soon as it enters into force.
In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed the Convention.
Done at Geneva, March 6, 1948
(Suivent signatures)
Annex II
(Mentioned in Art. 65)
As long as they have not acceded to the General Convention on the Privileges and Immunities of the Specialized Agencies, as far as the Organization is concerned, the Members shall apply the following provisions to the Organization or to the Organization: Relating to legal capacity, privileges and immunities.
Section 1
The Organization shall enjoy in the territory of each of its members, the legal capacity necessary for the fulfilment of its purposes and the performance of its functions.
Section 2
The organization shall enjoy, in the territory of each of its members, the privileges and immunities necessary for the achievement of its purposes and the performance of its functions.
B. The representatives of the members, including alternates, advisers, officials and employees of the Organization shall also enjoy the privileges and immunities necessary for the exercise, in full independence, of the functions Assume within the Organization.
Section 3
For the purposes of the provisions of sections 1 and 2 of this Annex, members shall, as far as possible, comply with the Model Provisions of the General Convention on the Privileges and Immunities of the Specialized Agencies.
1 Not applicable. See currently art. 16 and 17 of the Convention.
States Parties |
Ratification Accession (A) Signature without reservation of ratification (If) |
Entry into force |
||
South Africa |
28 February |
1995 |
28 February |
1995 |
Albania |
24 May |
1993 |
24 May |
1993 |
Algeria |
October 31 |
1963 |
October 31 |
1963 |
Germany |
7 January |
1959 If |
7 January |
1959 |
Angola |
6 June |
1977 |
6 June |
1977 |
Antigua and Barbuda |
13 January |
1986 |
13 January |
1986 |
Saudi Arabia |
25 February |
1969 |
25 February |
1969 |
Argentina |
18 June |
1953 |
March 17 |
1958 |
Australia |
13 February |
1952 |
March 17 |
1958 |
Austria |
2 April |
1975 |
2 April |
1975 |
Azerbaijan |
15 May |
1995 |
15 May |
1995 |
Bahamas |
July 22 |
1976 |
July 22 |
1976 |
Bahrain |
22 September |
1976 |
22 September |
1976 |
Bangladesh |
27 May |
1976 |
27 May |
1976 |
Barbados |
7 January |
1970 |
7 January |
1970 |
Belgium |
August 9 |
1951 |
March 17 |
1958 |
Belize |
13 September |
1990 |
13 September |
1990 |
Benin |
19 March |
1980 |
19 March |
1980 |
Bolivia |
July 6 |
1987 |
July 6 |
1987 |
Bosnia and Herzegovina |
July 16 |
1993 |
July 16 |
1993 |
Brazil |
March 4 |
1963 |
March 4 |
1963 |
Brunei |
31 December |
1984 |
31 December |
1984 |
Bulgaria |
5 April |
1960 |
5 April |
1960 |
Cambodia * |
3 January |
1961 |
3 January |
1961 |
Cameroon |
1 Er May |
1961 |
1 Er May |
1961 |
Canada |
15 October |
1948 |
March 17 |
1958 |
Cape Verde |
August 24 |
1976 |
August 24 |
1976 |
Chile |
17 February |
1972 |
17 February |
1972 |
China |
1 Er March |
1973 |
1 Er March |
1973 |
Hong Kong A |
1 Er July |
1997 |
1 Er July |
1997 |
Macao B |
19 December |
1999 |
19 December |
1999 |
Cyprus |
21 November |
1973 |
21 November |
1973 |
Colombia |
19 November |
1974 |
19 November |
1974 |
Comoros |
August 3 |
2001 |
August 3 |
2001 |
Congo (Brazzaville) |
September 5 |
1975 |
September 5 |
1975 |
Congo, Kinshasa |
August 16 |
1973 |
August 16 |
1973 |
Korea (North) |
April 16 |
1986 |
April 16 |
1986 |
Korea (South) |
10 April |
1962 |
10 April |
1962 |
Costa Rica |
March 4 |
1981 |
March 4 |
1981 |
Côte d' Ivoire |
4 November |
1960 |
4 November |
1960 |
Croatia |
July 8 |
1992 |
July 8 |
1992 |
Cuba * |
6 May |
1966 |
6 May |
1966 |
Denmark * |
3 June |
1959 |
3 June |
1959 |
Faroe Islands |
18 December |
2002 |
18 December |
2002 |
Djibouti |
20 February |
1979 |
20 February |
1979 |
Dominica |
18 December |
1979 |
18 December |
1979 |
Egypt |
March 17 |
1958 |
March 17 |
1958 |
El Salvador |
12 February |
1981 |
12 February |
1981 |
United Arab Emirates |
March 4 |
1980 |
March 4 |
1980 |
Ecuador * |
July 12 |
1956 |
March 17 |
1958 |
Eritrea |
August 31 |
1993 |
August 31 |
1993 |
Spain * |
23 January |
1962 |
23 January |
1962 |
Estonia |
31 January |
1992 |
31 January |
1992 |
United States * |
August 17 |
1950 |
March 17 |
1958 |
Ethiopia |
3 July |
1975 |
3 July |
1975 |
Fiji |
March 14 |
1983 |
March 14 |
1983 |
Finland * |
April 21 |
1959 |
April 21 |
1959 |
France |
April 9 |
1952 |
March 17 |
1958 |
Gabon |
1 Er April |
1976 |
1 Er April |
1976 |
Gambia |
11 January |
1979 |
11 January |
1979 |
Georgia |
22 June |
1993 |
22 June |
1993 |
Ghana |
July 6 |
1959 |
July 6 |
1959 |
Greece * |
31 December |
1958 |
31 December |
1958 |
Grenada |
3 December |
1999 |
3 December |
1998 |
Guatemala |
March 16 |
1983 |
March 16 |
1983 |
Guinea |
3 December |
1975 |
3 December |
1975 |
Equatorial Guinea |
September 6 |
1972 |
September 6 |
1972 |
Guinea-Bissau |
6 December |
1977 |
6 December |
1977 |
Guyana |
13 May |
1980 |
13 May |
1980 |
Haiti |
23 June |
1953 |
March 17 |
1958 |
Honduras |
August 23 |
1954 |
March 17 |
1958 |
Hungary |
10 June |
1970 |
10 June |
1970 |
Cook Islands |
18 July |
2008 |
18 July |
2008 |
Marshall Islands |
26 March |
1998 |
26 March |
1998 |
India * |
6 January |
1959 |
6 January |
1959 |
Indonesia * |
January 18 |
1961 |
January 18 |
1961 |
Iran |
2 January |
1958 |
March 17 |
1958 |
Iraq * |
August 28 |
1973 |
August 28 |
1973 |
Ireland |
26 February |
1951 |
March 17 |
1958 |
Iceland * |
8 November |
1960 |
8 November |
1960 |
Israel |
24 April |
1952 |
March 17 |
1958 |
Italy |
28 January |
1957 |
March 17 |
1958 |
Jamaica |
11 May |
1976 |
11 May |
1976 |
Japan |
March 17 |
1958 |
March 17 |
1958 |
Jordan |
9 November |
1973 |
9 November |
1973 |
Kazakhstan |
March 11 |
1994 |
March 11 |
1994 |
Kenya |
22 August |
1973 |
22 August |
1973 |
Kiribati |
28 October |
2003 |
28 October |
2003 |
Kuwait |
July 5 |
1960 |
July 5 |
1960 |
Latvia |
1 Er March |
1993 |
1 Er March |
1993 |
Lebanon |
3 May |
1966 |
3 May |
1966 |
Liberia |
6 January |
1959 |
6 January |
1959 |
Libya |
February 16 |
1970 |
February 16 |
1970 |
Lithuania |
7 December |
1995 |
7 December |
1995 |
Luxembourg |
February 14 |
1991 A |
February 14 |
1991 |
Macedonia |
13 October |
1993 |
13 October |
1993 |
Madagascar |
8 March |
1961 |
8 March |
1961 |
Malaysia * |
17 June |
1971 |
17 June |
1971 |
Malawi |
19 January |
1989 |
19 January |
1989 |
Maldives |
May 31 |
1967 |
May 31 |
1967 |
Malta |
22 June |
1966 Si |
22 June |
1966 |
Morocco * |
July 30 |
1962 |
July 30 |
1962 |
Mauritius |
18 May |
1978 |
18 May |
1978 |
Mauritania |
8 May |
1961 |
8 May |
1961 |
Mexico * |
21 September |
1954 |
March 17 |
1958 |
Moldova |
12 December |
2001 |
12 December |
2001 |
Monaco |
22 December |
1989 |
22 December |
1989 |
Mongolia |
11 December |
1996 |
11 December |
1996 |
Montenegro |
10 October |
2006 |
10 October |
2006 |
Mozambique |
17 January |
1979 |
17 January |
1979 |
Myanmar |
July 6 |
1951 |
March 17 |
1958 |
Namibia |
27 October |
1994 |
27 October |
1994 |
Nepal |
31 January |
1979 |
31 January |
1979 |
Nicaragua |
March 17 |
1982 |
March 17 |
1982 |
Nigeria |
15 March |
1962 |
15 March |
1962 |
Norway * |
29 December |
1958 |
29 December |
1958 |
New Zealand |
9 November |
1960 |
9 November |
1960 |
Oman |
30 January |
1974 |
30 January |
1974 |
Uganda |
30 June |
2009 |
30 June |
2009 |
Pakistan |
21 November |
1958 |
21 November |
1958 |
Palau |
8 September |
2011 |
8 September |
2011 |
Panama |
31 December |
1958 |
31 December |
1958 |
Papua New Guinea |
6 May |
1976 |
6 May |
1976 |
Paraguay |
15 March |
1993 |
15 March |
1993 |
Netherlands |
March 31 |
1949 |
March 17 |
1958 |
Aruba C |
1 Er January |
1986 |
1 Er January |
1986 |
Curaçao |
3 October |
1949 |
March 17 |
1958 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
3 October |
1949 |
March 17 |
1958 |
Sint Maarten |
3 October |
1949 |
March 17 |
1958 |
Peru |
15 April |
1968 |
15 April |
1968 |
Philippines |
9 November |
1964 |
9 November |
1964 |
Poland * |
March 16 |
1960 |
March 16 |
1960 |
Portugal * |
March 17 |
1976 |
March 17 |
1976 |
Qatar |
19 May |
1977 |
19 May |
1977 |
Dominican Republic |
August 25 |
1953 |
March 17 |
1958 |
Czech Republic |
18 June |
1993 |
18 June |
1993 |
Romania |
28 April |
1965 |
28 April |
1965 |
United Kingdom |
February 14 |
1949 |
March 17 |
1958 |
Russia |
24 December |
1958 |
24 December |
1958 |
Saint Lucia |
10 April |
1980 |
10 April |
1980 |
Saint Kitts and Nevis |
8 October |
2001 |
8 October |
2001 |
San Marino |
12 March |
2002 |
12 March |
2002 |
Saint Vincent and the Grenadines |
29 April |
1981 |
29 April |
1981 |
Solomon Islands |
27 June |
1988 |
27 June |
1988 |
Samoa |
25 October |
1996 |
25 October |
1996 |
Sao Tome and Principe |
July 9 |
1990 |
July 9 |
1990 |
Senegal |
7 November |
1960 |
7 November |
1960 |
Serbia |
11 December |
2000 |
11 December |
2000 |
Seychelles |
13 June |
1978 |
13 June |
1978 |
Sierra Leone |
March 14 |
1973 |
March 14 |
1973 |
Singapore |
17 January |
1966 |
17 January |
1966 |
Slovakia |
24 March |
1993 |
24 March |
1993 |
Slovenia |
10 February |
1993 |
10 February |
1993 |
Somalia |
April 4 |
1978 |
April 4 |
1978 |
Sudan |
July 5 |
1974 |
July 5 |
1974 |
Sri Lanka |
April 6 |
1972 |
April 6 |
1972 |
Sweden * |
April 27 |
1959 |
April 27 |
1959 |
Switzerland * |
July 20 |
1955 |
March 17 |
1958 |
Suriname |
14 October |
1976 |
14 October |
1976 |
Syria |
28 January |
1963 |
28 January |
1963 |
Tanzania |
8 January |
1974 |
8 January |
1974 |
Thailand |
September 20 |
1973 |
September 20 |
1973 |
Timor-Leste |
10 May |
2005 |
10 May |
2005 |
Togo |
20 June |
1983 |
20 June |
1983 |
Tonga |
23 February |
2000 |
23 February |
2000 |
Trinidad and Tobago |
April 27 |
1965 |
April 27 |
1965 |
Tunisia |
23 May |
1963 |
23 May |
1963 |
Turkmenistan |
26 August |
1993 |
26 August |
1993 |
Turkey * |
25 March |
1958 |
25 March |
1958 |
Tuvalu |
19 May |
2004 |
19 May |
2004 |
Ukraine |
28 March |
1994 |
28 March |
1994 |
Uruguay |
10 May |
1968 Si |
10 May |
1968 |
Vanuatu |
21 October |
1986 |
21 October |
1986 |
Venezuela |
27 October |
1975 |
27 October |
1975 |
Vietnam |
12 June |
1984 |
12 June |
1984 |
Yemen |
March 14 |
1979 |
March 14 |
1979 |
Zimbabwe |
August 16 |
2005 |
August 16 |
2005 |
* |
Reservations and declarations, see below. |
|||
A |
From 7 June 1967 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 19 December 1984, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997. |
|||
B |
From 2 February 1990 to 19 December 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From 20 December 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 13 April 1987, the Convention is also applicable to the Macao SAR from 20 December 1999. |
|||
C |
To 1 Er January 1986 the island of Aruba, which was part of the Netherlands Antilles, acquired its internal autonomy within the Kingdom of the Netherlands. This change affects only the functioning of internal constitutional relations within the Kingdom. |
|||
Cambodia
The Royal Government of Cambodia, in accepting the Convention on the Establishment of the Intergovernmental Consultative Organization for Maritime Navigation, declares that the measures it has adopted or could adopt with a view to encouraging or assisting its National shipping companies and national shipping companies (such as, for example, the financing of national shipping companies by granting loans at reasonable or even privileged interest rates, or The allocation of Royal Government cargo to Cambodian vessels Or to reserve the coasting trade to the national merchant navy), as well as any other arrangements it may take to promote the development of the Cambodian Merchant Navy, are compatible with the The aims of the Intergovernmental Consultative Organization for Maritime Navigation, as defined in Art. 1, b, of the Convention.
As a result, the Royal Government would undertake a further review, prior to implementation, of any recommendations that this Organization could adopt in this regard.
The Royal Government further declares that its acceptance of the above-mentioned Convention does not and will not have the effect of amending or amending in any way that this evening the legislation in force in the territory of the Kingdom of Cambodia.
Cuba
In accepting the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation, the Revolutionary Government of the Republic of Cuba declares that its current legislation, which contains the provisions Necessary to encourage and develop its merchant navy, is in accordance with the general aims of the Maritime Advisory Maritime Advisory Organisation, as defined in Art. 1, b, of the Convention. Therefore, any recommendation to this effect that would be adopted by the Organization would be reviewed by the Cuban Government in the light of its national policy on the matter.
Denmark
The Danish Government agrees with the programme of work adopted at the first Assembly of the Organization in January 1959 and considers that it is in the technical and nautical fields that the Organization can contribute to the development of trade and Maritime navigation in the world.
If the Organization were to deal with matters of a purely commercial or economic nature, the Danish Government might be required to invoke the provisions of Art. 59 of the Convention, concerning the withdrawal of members of the Organization.
Ecuador
The Government of Ecuador declares that the protectionist measures adopted with regard to its national merchant navy and the merchant fleet of Greater Colombia (Flotta Mercante Grancolombiana), whose vessels are considered to be Ecuadorian As a result of the participation of the Government of Equatoria in the said fleet, only to promote the development of the National Merchant Navy and the merchant fleet of Greater Colombia and are in line with the goals of The Intergovernmental Maritime Organisation, as defined in Art. 1, b, of the Convention. Accordingly, the Government of Ecuador will again consider any recommendations that the Organization may make in this regard.
Spain
... the Intergovernmental Maritime Advisory Organisation will not be able to extend its action to economic or commercial matters and will have to confine itself to the examination of technical issues.
United States
Being understood that none of the provisions of the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation is intended to amend the national legislation concerning restrictive business practices, It is hereby declared that the ratification of the Convention by the Government of the United States does not and will not have the effect of changing or modifying in any way the application of the laws of the United States directed against trusts.
Finland
Declaration similar to that of Denmark.
Greece
Declaration similar to that of Denmark.
India
In accepting the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation, the Government of India declares that any measures it may adopt or have adopted in order to encourage and assist its National marine shipping companies (such as, for example, the financing of national shipping companies by granting loans at reasonable or even privileged interest rates, or The allocation to Indian vessels of Government-owned or Reserving the coasting trade to the national merchant navy), as well as any other provisions that the Government of India may take, for the sole purpose of promoting the development of the Indian Merchant Navy, Are consistent with the goals of the intergovernmental marine navigation advisory organization, as defined in s. 1, para. b, of the Convention. Accordingly, any recommendations that the Organization may adopt in this regard will be subject to further consideration by the Government of India. The Government of India expressly declares, moreover, that its acceptance of the aforementioned Convention does not and will not have the effect of amending or amending in any way the legislation in force in the territories of the Republic of India.
Indonesia
In accepting the Convention, the Government of the Republic of Indonesia declares that it is in the field of technical and nautical issues that the Organization can contribute to the development of maritime navigation and commerce in the world.
With regard to matters of a purely commercial or economic nature, the Government believes that the assistance and encouragement of the country's merchant marine enterprises for the expansion of its internal and external trade and for its security Correspond to the goals of the Organization as defined in Art. 1, b, of the Convention.
Accordingly, the acceptance will never have the effect of altering or altering in any way the legislation in force in the Republic of Indonesia and any recommendation to be adopted by the Organization in that regard shall be Reviewed by the Government of the Republic of Indonesia.
Iraq
Iraq states that the provisions of s. (b) Article 1 is not inconsistent with the measures adopted by Iraq, or in order to encourage and assist its national shipping companies, such as the granting of loans, the carriage of specified goods on board Cargo vessels flying its flag, the use of the national shipping service for cabotage, or with a view to developing and increasing the fleet or maritime transport at national level.
Iceland
... Iceland reserves the right to return to its ratification if it is subsequently decided to extend the competence of the OMCI to matters of a purely commercial or financial nature.
... Iceland attaches great importance to the real validity of art. 59 of the Convention, concerning withdrawal.
Malaysia
In accepting the Convention on the Establishment of an Intergovernmental Maritime Advisory Organization, the Government of Malaysia declares that any measures it may adopt in order to encourage and assist its national merchant navy and Its national maritime transport undertakings (for example, such as the financing of national shipping companies by the granting of loans at reasonable or even privileged interest rates, or the allocation to Malaysian vessels Cargo owned or controlled by the Government, or To reserve cabotage to the national merchant navy) as well as any other provisions that the Malaysian Government may take, for the sole purpose of promoting the development of the Malaysian Merchant Navy, are compatible with the aims of the The Intergovernmental Consultative Organization for Marine Navigation, as defined in Art. 1b, of the Convention. Accordingly, any recommendations that the Organization may adopt in this regard will be subject to further consideration by the Government of Malaysia. The Malaysian Government expressly states, moreover, that its acceptance of the aforementioned Convention does not and will not have the effect of amending or amending in any way the legislation in force in Malaysia.
Morocco
In becoming a member of the Organization, the Government of the Kingdom of Morocco wishes to declare that it does not accept the idea of a possible expansion of the activities of the Organization, which, in the purely technical and nautical field, would be extended to include Economic and commercial matters, as provided for in paras. B and c of art. 1 of the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation. In the event of such an expansion of the Organization's activities, the Government of the Kingdom of Morocco reserves the right to reconsider its position taking into account the resulting situation, and may, inter alia, invoke the Provisions of s. 59 of the Convention relating to the withdrawal of Members of the Organization.
Mexico
The Government of the United Mexican States, by acceding to the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation, considers that no provision of the Convention is intended to amend the Convention. National laws relating to restrictive business practices and expressly declares that the accession of Mexico to this instrument does not and will not have the effect of altering the application of the laws against the monopolies in On the territory of the Mexican Republic.
Norway
Declaration similar to that of Denmark.
Poland
In accepting the Convention on the Establishment of an Intergovernmental Consultative Organization for Maritime Navigation, signed at Geneva on 6 March 1948, the Government of the People's Republic of Poland declares that it approves the programme of Work of the Organisation adopted by the Assembly at its first session, held in January 1959.
The Government of the People's Republic of Poland believes that it is in the technical and nautical fields that the Organization should contribute to the development of maritime commerce and navigation in the world.
Sweden
Declaration similar to that of Denmark.
Switzerland
On the occasion of the deposit of its instrument of ratification of the Convention on the Establishment of a Maritime Organisation (IMCO), Switzerland makes the general reservation, that its cooperation with IMCO, in particular with regard to the relations of this Organization with the United Nations cannot exceed the framework it assigns to its position as a perpetually neutral state. It is in the sense of this general reservation that it formulates a particular reservation, in respect of the text of the art. VI, as it appears in the agreement, currently in the project status between the IMCO and the United Nations, that in respect of any similar provision which could replace or supplement this provision, in that agreement or in another arrangement.
Turkey
... acceptance will have no effect on the provisions of Turkish laws concerning cabotage and monopoly.
1 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1982 671 670; FF 1980 II 721).
2 RO 1958 1023
3 New content according to the OMCI General Assembly Resolution of 14 Nov 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1982 671 670; FF 1980 II 721).
4 Introduced by the OMCI General Assembly Resolution of 14 November 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
5 Introduced by the OMCI General Assembly Resolution of 14 November 1975, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 22 May 1982 (RO 1982 671 670; FF 1980 II 721).
6 Introduced by the Resolution of the General Assembly of the OMCI of 17 November 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984 (RO 1984 1268, 1982 670; FF 1980 II 721).
7 According to the Resolution of the General Assembly of the OMCI of 17 Nov 1977, approved by the Ass. Fed. Dec 9. 1980 and in force for Switzerland since 10 Nov 1984, Parts VIII to XVII become Parts XI to XX, s. 33 to 63 become art. 47 to 77 and references to the parties and articles appearing in the text of the Convention are amended accordingly (RO 1984 1268, 1982 670; FF 1980 II 721).
8 RO 1976 1853, 1978 364, 1980 1661, 1982 1550, 1984 270 1268, 1987 1147 1174, 1989 404, 1990 1700, 2003 3537, 2004 3291, 2007 4407, 2014 1425. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).