For the purposes of this Convention:

"Convention Area" means the exclusive economic zone of a State Party established in accordance with international law or, if a State Party has not established this zone, an area beyond the territorial sea of that State and adjacent to it That this State has defined in accordance with international law and which does not extend beyond 200 nautical miles from the baselines from which the width of its territorial sea is measured.

2. "Ship" means a sea building of any kind and includes hydrofoils, hovercraft, submersible craft, floating equipment and floating platforms except when these platforms are engaged in The exploration, exploitation or production of the mineral resources of the seabed.

3. "Sea accident" means a collision, stranding or other incident of navigation or an occurrence on board or outside a ship causing material damage or an imminent threat of property damage to a ship or its Cargo.

4. "Wreck" following a sea accident, means:

(a)

A shipwrecked or failed ship; or

(b)

Any part of a shipwrecked or failed ship, including any object found or found on board such a ship; or

(c)

Any object that is lost at sea by a ship and that is stranded, submerged or drifting at sea; or

(d)

A ship that is about to sink or fail, or that can reasonably be expected to sink or fail, if no effective measures are already being taken to provide assistance to the vessel or to a hazard.

5. "Danger" means any circumstance or threat that:

(a)

Presents a hazard or an obstacle to navigation; or

(b)

Which can reasonably be expected to have serious adverse consequences for the marine environment or damage to the coastline or related interests of one or more States.

6. "Related interests" means the interests of a coastal State directly affected or threatened by a wreck, such as:

(a)

Coastal, port and estuarine maritime activities, including fishing activities, constituting an essential livelihood for interested persons;

(b)

Tourist attractions and other economic interests of the region in question;

(c)

The health of the riparian populations and the prosperity of the region in question, including the conservation of marine biological resources, flora and fauna; and

(d)

Offshore and submarine infrastructure.

7. "Removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck. The terms "remove", "removed" and "which remove" are interpreted in this definition.

8. "Registered owner" means the person or persons on whose behalf the ship is registered or, in the absence of registration, the person or persons whose vessel is the property at the time of the marine accident. However, in the case of a ship belonging to a State and operated by a company which, in that State, is registered as the operator of the ship, the expression "registered owner" means that company.

9. "Operator of the ship" means the owner of the ship or any other entity or person, such as the owner-manager or the bareboat charterer, to which the owner of the ship has entrusted the responsibility for the operation of the ship and who Assuming this responsibility, agrees to perform all duties and obligations under the International Safety Management Code, as amended.

10. "Affected State" means the State in the area covered by the Convention from which the wreck is located.

11. "State of registration of the ship" means, in the case of a registered ship, the State in which the ship was registered and, in the case of an unregistered ship, the State whose vessel is entitled to fly the flag.

12. "Organization" means the International Maritime Organization.

"Secretary-General" means the Secretary-General of the Organization.

1. A State Party may take measures in accordance with this Convention with regard to the removal of a wreck that poses a danger in the area covered by the Convention.

2. Measures taken in accordance with paragraph 2. 1 by the affected State must be proportionate to the danger.

3. These measures shall not go beyond those that are reasonably necessary to remove a wreck that is hazardous and shall be terminated as soon as the wreck has been removed; they shall not affect To the rights and interests of other States, including the State of registration of the ship, and any natural or legal person concerned.

4. The application of this Convention in the area covered by the Convention does not permit a State Party to claim or exercise its sovereignty or sovereign rights over any part of the high seas.

5. States Parties shall endeavour to cooperate with each other when the effects of a shipwreck causing a shipwreck affect a State other than the affected State.

1. Except as otherwise provided in this Convention, the Convention shall apply to shipwrecks in the area covered by the Convention.

2. A State Party may extend the scope of this Convention to include shipwrecks within the limits of its territory, including its territorial sea, subject to subs. 4 of Art. 4. In such a case, it shall notify the Secretary-General at the time when it expresses its consent to be bound by this Convention or at any time thereafter. Where a State Party notifies that it would apply this Convention to the shipwrecks in its territory, including its territorial sea, that notification shall not affect the rights and obligations of that State to take measures to In respect of shipwrecks within its territory, including its territorial sea, other than the location, signalling and removal of such wrecks in accordance with this Convention. The provisions of Art. 10, 11 and 12 of this Convention shall not apply to measures thus taken other than those referred to in Art. 7, 8 and 9 of this Convention.

(3) Where a State Party makes a notification under s. 2, the "area covered by the Convention" of the affected State shall include the territory, including the territorial sea, of that State Party.

4. A notification under s. 2 above takes effect in respect of that State Party, if it is made before the entry into force of this Convention in respect of that State Party, at the time of entry into force. If the notification is made after the entry into force of this Convention in respect of that State Party, it shall take effect six months after its receipt by the Secretary-General.

5. A State Party which has made a notification under s. 2 may withdraw it at any time by notification of withdrawal addressed to the Secretary-General. Such notification of withdrawal shall take effect six months after its receipt by the Secretary-General, unless it specifies a later date.

(1) This Convention shall not apply to measures taken under the 1969 International Convention on the High Seas in the event of an accident involving or capable of causing oil pollution ¹ , as amended, or the 1973 Protocol on High Seas in the Case of Pollution from Substances Other than Hydrocarbons ² , as modified.

(2) This Convention shall not apply to warships or other ships belonging to a State or operated by that State as long as the State uses them exclusively for governmental and non-commercial purposes, unless that State Decides otherwise.

(3) Where a State Party decides to apply this Convention to its warships or other vessels referred to in subs. 2, it shall notify the Secretary-General of the terms and conditions of this application.

4. A)

When a State has made a notification under s. 2 of the art. 3, the following provisions of this Convention shall not apply to its territory, including the territorial sea:

(i)

Art. 2, para. 4;

(ii)

Art. 9, para. 1, 5, 7, 8, 9 and 10; and

(iii)

Art. 15.

(b)

The s. 4 of Art. 9, in so far as it applies to the territory, including the territorial sea, of a State Party, reads as follows:

Subject to the national law of the affected State, the registered owner may enter into a contract with an assistance company or another person to remove the wreck from which it is established that it constitutes a danger, on behalf of Owner. Before the abduction begins, the affected State may lay down the conditions only to the extent necessary to ensure that the operation takes place in a manner which respects the safety and protection aspects of the marine environment.

1. A State Party shall require the master and the operator of a ship flying its flag to address without delay a report to the affected State when the ship was involved in a sea accident which caused a shipwreck. To the extent that one of the two meets the obligation to report under this section, the other is not required to do so.

2. These reports shall indicate the name and principal place of business of the registered owner, as well as all relevant information necessary to enable the affected State to determine whether the wreck is in danger in accordance with s. 6, including:

(a)

The precise location of the epave;

(b)

The type, dimensions and construction of the epave;

(c)

The nature of the damage caused to the wreck and its condition;

(d)

The nature and quantity of the cargo, in particular any harmful and potentially dangerous substances; and

(e)

The quantity and types of oil on board, including bunker oil and lubricating oils.

In order to establish whether a wreck is in danger, the affected State shall take into account the following criteria:

(a)

Type, dimensions and construction of the epave;

(b)

Depth of water in the area;

(c)

Tidal amplitude and currents in the area;

(d)

Particularly vulnerable sea areas identified and, where appropriate, designated in accordance with the Guidelines adopted by the Organization, or clearly defined area of the exclusive economic zone where mandatory special measures have been Adopted pursuant to s. 6 of the art. 211 of the 1982 United Nations Convention on the Law of the Sea;

(e)

Proximity to established shipping lanes or traffic lanes;

(f)

Density and frequency of traffic;

(g)

Type of traffic;

(h)

The nature and quantity of the cargo of the wreck, the quantity and types of hydrocarbons (for example, bunkers and lubricating oils) on board the wreck and, in particular, damage that could result from the release of the cargo or Hydrocarbons in the marine environment;

(i)

Vulnerability of port facilities;

(j)

Current weather and hydrographic conditions;

(k)

Underwater topography of the area;

(l)

The height of the wreck above or below the surface of the water at the lowest astronomical tide;

(m)

Acoustic and magnetic profiles of the epave;

(n)

Proximity to offshore installations, pipelines, telecommunications cables and similar works; and

(o)

Any other circumstances that may require the removal of the wreck.

1. When it becomes aware of the existence of a shipwreck, the affected State shall use all possible means, including the good offices of States and organizations, to alert the navigators and interested States of the nature and the The location of the wreck.

2. If the affected State has reason to believe that a wreck is in danger, it shall ensure that all possible measures are taken to determine the exact location of the wreck.

1. If the affected State determines that the wreck is a danger, it must ensure that all reasonable measures are taken to sign the wreck.

2. For the marking of the wreck, it is necessary to ensure by all possible means that the marks used are in conformity with the internationally accepted marking system which is in force in the waters where the wreck is located.

3. The affected State shall disseminate the details of the signs of the wreck by using all appropriate means, including the relevant nautical publications.

If the affected State determines that a wreck constitutes a danger, the said State shall immediately:

(a)

Inform the State of registration of the ship and the registered owner; and

(b)

Consult with the State of registration of the ship and the other states affected by the wreck concerning the measures to be taken in respect of the wreck.

2. The registered owner shall remove a shipwreck from which it is determined to be a hazard.

Where it has been established that a wreck constitutes a danger, the registered owner, or other interested party, shall provide to the competent authority of the State concerned proof of insurance or other financial security prescribed in art. 12.

4. The registered owner may enter into a contract with an assistance company or another person to remove the wreck from which it is established that it constitutes a hazard on behalf of the owner. Before the abduction begins, the affected State may lay down the conditions only to the extent necessary to ensure that the operation takes place in a manner which respects the safety and protection aspects of the marine environment.

5. Once the removal referred to in s. 2 and 4 has begun, the affected State may only intervene to the extent necessary to ensure that the operation is carried out effectively in a manner which respects the safety and protection aspects of the marine environment.

6. The affected state:

(a)

Specifies a reasonable period of time in which the registered owner must remove the wreck, taking into account the nature of the danger identified in accordance with s. 6;

(b)

Notify the registered owner in writing of the time limit by specifying that, if the owner does not remove the wreck within that period, the owner may remove the wreck at the expense of the registered owner; and

(c)

Inform the registered owner in writing of his intention to intervene immediately in the event that the danger becomes particularly serious.

7. If the registered owner does not remove the wreck within the time limit fixed in accordance with subs. 6 (a) or if the registered owner cannot be contacted , The affected State may remove the wreck by the most practical and rapid means available, in accordance with the aspects relating to safety and protection of the marine environment.

8. In cases where it is necessary to act immediately and the affected State has informed the State of registration of the ship and the registered owner, the affected State may remove the wreck by the most practical and rapid means available, Respecting aspects of safety and protection of the marine environment.

States Parties shall take appropriate measures under their national legislation to ensure that their registered owners comply with the provisions of s. 2 and 3.

10. States Parties agree that the affected State shall act in accordance with the provisions of s. 4 to 8, when required.

11. The information referred to in this Article shall be provided by the State assigned to the registered owner identified in the reports referred to in s. 2 of the art. 5.

1. Subject to s. 11, the registered owner is required to pay the costs of locating, signalling and removing the wreck under s. 7, 8 and 9, respectively, unless it proves that the sea accident that caused the wreck:

(a)

The result of an act of war, hostilities, civil war, insurrection or a natural phenomenon of exceptional, inevitable and irresistible character;

(b)

Wholly results from the fact that a third party has deliberately acted or failed to act with the intention of causing injury; or

(c)

Is the result of any negligence or other prejudicial action by a government or other authority responsible for the maintenance of the lights or other aids to navigation in the performance of that function.

2. Nothing in this Convention shall affect the right of the registered owner to limit his liability under a applicable national or international regime, such as the 1976 Convention on Limitation of Liability in Maritime claims ¹ , as modified.

3. No application for reimbursement of expenses referred to in s. 1 may not be filed against the registered owner other than on the basis of the provisions of this Convention. This shall in no way affect the rights and obligations of a State Party that has made a notification under s. 2 of the art. 3 in respect of shipwrecks within its territory, including its territorial sea, other than location, signalling and abduction in accordance with this Convention.

4. Nothing in this Article shall affect the right of appeal against third parties.

(1) The registered owner shall not be required under this Convention to pay the costs referred to in subsection (1). 1 of the art. 10 if, and to the extent that, the obligation to pay these fees is inconsistent with:

(a)

The 1969 International Convention on Civil Liability for Oil Pollution Damage ¹ As amended;

(b)

The 1996 International Convention on Liability and Compensation for Damage Related to the Carriage by Sea of Hazardous and Noxious Substances, as amended;

(c)

The 1960 Convention on Civil Liability in the Field of Nuclear Energy, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended, or the legislation National governing or prohibiting limitation of liability for nuclear damage; or

(d)

The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage ² , as modified,

Provided that the relevant agreement is applicable and in force.

(2) In so far as the measures taken under this Convention are considered to be assistance operations under the applicable national law or an international convention, this legislation or convention shall apply Questions of compensation or indemnification of assistance undertakings to the exclusion of the rules of this Convention.

1. The registered owner of a ship of a gross tonnage equal to or greater than 300 and flying the flag of a State Party shall be required to take out insurance or other financial security, such as the deposit of a bank or an institution In order to cover its liability under this Convention by an amount equivalent to the limits of liability prescribed by the applicable national or international limitation regime, but not exceeding An amount calculated in accordance with s. 6 (1) (b) of the 1976 Convention on Limitation of Liability for Maritime Claims ¹ , as modified.

2. A certificate attesting that an insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each ship of a gross tonnage equal to or greater than 300 by the competent authority of The State of registration of the ship, which must first ensure that the provisions of s. 1 are respected. In the case of a ship registered in a State Party, that certificate shall be issued or referred to by the competent authority of the State of registry of the ship; in the case of a ship which is not registered in a State Party, the certificate May be issued or referred to by the competent authority of any State Party. This compulsory insurance certificate shall conform to the model set out in the Annex to this Convention and shall contain the following information:

(a)

Name of vessel, distinctive number or letters and port of registration;

(b)

Gross tonnage of vessel;

(c)

The name and place of the registered owner's principal place of business;

(d)

The vessel identification IMO number;

(e)

Type and duration of the warranty;

(f)

The name and place of the principal place of business of the insurer or of any other person providing the guarantee and, where applicable, the place of establishment with which the insurance or guarantee has been subscribed; and

(g)

Period of validity of the certificate, which cannot exceed that of the insurance or guarantee.

3.

(a) A State Party may authorize an institution or body recognized by the State Party to issue the certificate referred to in subsection (1). 2. This institution or body shall inform the State of each certificate issued. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate thus issued and shall undertake to take the necessary measures to fulfil that obligation.

(b)

A State Party shall notify the Secretary-General:

(i)

The specific responsibilities and enabling conditions of an institution or organization recognized by the institution;

(ii)

The removal of this clearance; and

(iii)

The date on which the clearance or withdrawal of the clearance becomes effective.

Entitlement shall not take effect before the expiration of a period of three months from the date on which a notification to that effect has been sent to the Secretary-General.

(c)

The institution or body authorised to issue certificates in accordance with this paragraph shall, at a minimum, be permitted to withdraw such certificates if the conditions under which they have been issued are no longer complied with. In all cases, the institution or body shall report the withdrawal to the State in whose name the certificate was issued.

4. The certificate shall be established in the official language (s) of the issuing State. If the language used is neither English nor Spanish nor French, the text must include a translation into one of those languages and, if that State so decides, its official language or languages may not be used.

5. The certificate shall be on board the ship and a copy shall be filed with the authority holding the registry of the ship or, if the ship is not registered in a State Party, with the authority which issued or The certificate.

6. An insurance or other financial guarantee does not comply with the provisions of this Article if it may cease to have effect, for any reason other than the expiry of its period of validity indicated in the certificate under s. 2, before the expiration of three months from the date on which notice was given to the authority referred to in s. 5, unless the certificate has been returned to that authority or a new certificate has been issued before the end of that period. The above provisions shall also apply to any modification such that the insurance or warranty no longer meets the requirements of this Article.

The State of registration of the ship shall lay down the conditions for the grant and validity of the certificate, subject to the provisions of this Article and taking into account the directives which the Organization may have adopted with regard to liability Financial of registered owners.

8. Nothing in this Convention shall be construed as preventing a State Party from giving faith to the information it has obtained from other States or the Organization or other international organizations concerning the situation Financial security of insurers or other persons providing financial security for the purposes of this Convention. In such a case, the State Party which gives faith to such information shall not be relieved of its responsibility as the State issuing the certificate prescribed by. 2.

9. Certificates issued or referred to under the authority of a State Party shall be accepted by the other States Parties for the purposes of this Convention and shall be regarded by them as having the same value as the certificates they themselves granted or Even in the case of a ship which is not registered in a State Party. A State Party may at any time request an exchange of views with the State which issued or referred to the certificate if it considers that the insurer or guarantor named on the certificate is not financially capable of meeting the obligations imposed by the Present Convention.

10. Any application for reimbursement of costs arising out of this Convention may be made directly against the insurer or other person from whom the financial guarantee covers the liability of the registered owner. In such a case, the defendant may rely on the defences (other than the bankruptcy or liquidation of the registered owner) that the registered owner would be entitled to rely on, including limitation of liability under a Applicable national or international regime. In addition, even if the registered owner is not entitled to limit its liability, the defendant may limit its liability to an amount equal to the value of the insurance or other financial guarantee which it is required to subscribe in accordance with the By. Furthermore, the defendant may rely on the fact that the accident at sea is the result of an intentional fault of the registered owner, but he cannot rely on any of the other defences which he could have relied on in a Action brought by the registered owner against him. The defendant may, in any event, oblige the registered owner to be a party to the proceedings.

11. A State Party shall at no time authorize a ship entitled to fly its flag to which the provisions of this Article apply to be operated if that ship is not equipped with a certificate issued under s. 2 or par. 14.

12. Subject to the provisions of this Article, each State Party shall ensure that, according to its national law, insurance or other security that meets the requirements of subs. 1 covers any ship of a gross tonnage equal to or greater than 300, irrespective of its place of registration, which enters a port in its territory or leaves it or arrives at an installation offshore located in its territorial sea or in Fate.

13. Notwithstanding the provisions of s. 5, a State Party may notify the Secretary-General that for the purposes of s. 12, ships are not required to have on board or present the certificate prescribed in subs. 2 when entering a port in its territory or leaving it or arriving at a facility in or out of its territorial sea, provided that the State Party issuing the certificate prescribed in subs. 2 has notified the Secretary-General that it maintains, in electronic form, files accessible to all States Parties that attest to the existence of the certificate and enable States Parties to fulfil their obligations under them From s. 12.

14. If a ship belonging to a State Party is not covered by insurance or other financial security, the relevant provisions of this Article shall not apply to it; however, that ship shall be provided with a certificate issued by The competent authority of the State of registration which certifies that the ship belongs to that State and that its liability is covered within the limits prescribed in par. 1. This certificate follows as closely as possible the model prescribed in par. 2.

Reimbursement of costs under this Convention shall be extinguished in the absence of a legal action brought under the provisions of this Convention within a period of three years from the date on which the existence of a danger Established in accordance with this Convention. However, no legal proceedings may be instituted after a period of six years from the date of the sea accident which caused the wreck. When this sea accident consists of a series of facts, the period of six years is short of the first of those facts.

At the request of at least one third of the States Parties, a conference shall be convened by the Organization with a view to revising or amending this Convention.

2. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to this Convention as amended.

(1) Where a dispute arises between two or more States Parties concerning the interpretation or application of this Convention, they shall seek to settle their dispute first through negotiation, investigation, mediation, Conciliation, arbitration, the judicial settlement, the use of regional bodies or agreements or other peaceful means of their choice.

2. If no settlement occurs within a reasonable period of not more than twelve months after the date on which a State Party has notified another of the existence of a dispute between them, the provisions relating to the settlement of the disputes referred to In Part XV of the 1982 United Nations Convention on the Law of the Sea apply Mutatis mutandis To such a dispute, whether or not the States Parties to the dispute are also States Parties to the 1982 United Nations Convention on the Law of the Sea.

(3) Any procedure chosen by a State Party to this Convention and to the 1982 United Nations Convention on the Law of the Sea under Art. 287 of the Convention shall apply to the settlement of disputes under this Article, unless that State Party, when it has ratified, accepted or approved the Convention or acceded to it, or at any time thereafter, has chosen another Procedure under s. 287 for the settlement of disputes arising out of this Convention.

A State Party to this Convention which is not a Party to the 1982 United Nations Convention on the Law of the Sea, when it ratifies, accepts or approves this Convention or accedes thereto, or at any time thereafter, shall be free Choose, by way of written declaration, one or more of the means listed in s. 1 of the art. 287 of the 1982 United Nations Convention on the Law of the Sea for the Settlement of Disputes under this Article. Art. 287 shall apply to that declaration, as well as to any dispute to which that State is a party and which is not subject to a declaration in force. For the purposes of conciliation and arbitration, in accordance with Annexes V and VII of the 1982 United Nations Convention on the Law of the Sea, that State is entitled to appoint conciliators and arbitrators, who shall be included in the lists referred to in Art. 2 of Annex V and Art. 2 of Annex VII for the settlement of disputes arising out of this Convention.

5. Any declaration made under s. 3 and 4 shall be deposited with the Secretary-General, who shall circulate copies to the States Parties.

Nothing in this Convention shall affect the rights and obligations of any State under the 1982 United Nations Convention on the Law of the Sea and customary international law of the sea.

This Convention shall be open for signature at the Headquarters of the Organization from 19 November 2007 to 18 November 2008 and shall thereafter be open for accession.

(a)

States may express their consent to be bound by this Convention by:

(i)

Signature without reservation as to ratification, acceptance or approval; or

(ii)

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(iii)

Membership.

(b)

Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(1) This Convention shall enter into force twelve months after the date on which ten States have signed without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or approval Or accession to the Secretary-General.

2. For any State which ratifies, accepts, approves or accedes to it after the conditions of entry into force laid down in par. 1 have been complied with, this Convention shall enter into force three months after the date of the deposit by that State of the appropriate instrument, but not before the entry into force of this Convention under the conditions laid down in par. 1.

(1) This Convention may be denounced by a State Party at any time after the expiration of a period of one year after the date on which it enters into force in respect of that State.

(2) The denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(3) Denunciation shall take effect one year after the date on which the Secretary-General has received the instrument of denunciation or upon the expiration of any longer period specified in that instrument.

This Convention shall be deposited with the Secretary-General.

2. The Secretary-General:

(a)

Inform all States which have signed or acceded to this Convention:

(i)

Any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as the date of such signature or deposit,

(ii)

The date of entry into force of this Convention;

(iii)

The deposit of any instrument of denunciation of this Convention, as well as the date on which the deposit took effect and the date on which the denunciation takes effect, and

(iv)

Any other declaration and notification received under this Convention,

(b)

Transmit certified copies of this Convention to all States which have signed or acceded to it.

On the entry into force of this Convention, the Secretary-General shall transmit a certified copy thereof to the Secretary-General of the United Nations with a view to his registration and publication in accordance with Art. 102 of the United Nations Charter ¹ .

This Convention shall be established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic.

Done at Nairobi, this 18 May, two thousand seven.

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

(Suivent signatures)