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International - Treaty - International Convention On Maritime Liens and Mortgages - 1993 - Eng1

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International - Treaty - International Convention On Maritime Liens and Mortgages - 1993 - Eng1

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arun prakash
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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International Convention on Maritime Liens and Mortgages 1993, Held

at the Palais des Nations, Geneva, from 19 April to 6 May 1993

United Nations (UN)

copy @ lexmercatoria.org
Copyright © 1993 United Nations (UN)

SiSU lexmercatoria.org ii
Contents

Contents [Post Provisions] 7


[Post Clauses (If any: Signed; Witnessed; Done; Authen-
tic Texts; [Post Clauses (If any: Signed; Witnessed;
International Convention on Maritime Liens and Mortgages Done; Authentic Texts; & Deposited Clauses)] De-
1993 1 posited Clauses)] . . . . . . . . . . . . . . . . . . . 7
[Preamble] . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Article 1 - Recognition and enforcement of mortgages, Annex - International Convention on Maritime Liens and
“hypothèques” and charges . . . . . . . . . . . . . . 1 Mortgages, 1993 7
[Annex] . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Article 2 - Ranking and effects of mortgages, “hy-
pothèques” and charges . . . . . . . . . . . . . . . . 1 [Annex Post Provisions] 9
Article 3 - Change of ownership or registration . . . . . . 1 [Annex Post Clauses (If any: Signed; Witnessed;
Article 4 - Maritime liens . . . . . . . . . . . . . . . . . . . 2 Done; Authentic Texts; [Annex Post Clauses (If
Article 5 - Priority of maritime liens . . . . . . . . . . . . . 2 any: Signed; Witnessed; Done; Authentic Texts; &
Article 6 - Other maritime liens . . . . . . . . . . . . . . . 3 Deposited Clauses)] Deposited Clauses)] . . . . . 9
Article 7 - Rights of retention . . . . . . . . . . . . . . . . 3
Metadata 11
Article 8 - Characteristics of maritime liens . . . . . . . . . 3
SiSU Metadata, document information . . . . . . . . . . . 11
Article 9 - Extinction of maritime liens because of time . . 3
Article 10 - Assignment and subrogation . . . . . . . . . . 4
Article 11 - Notice of forced sale . . . . . . . . . . . . . . 4
Article 12 - Effects of forced sale . . . . . . . . . . . . . . 4
Article 13 - Scope of application . . . . . . . . . . . . . . 5
Article 14 - Communication between States Parties . . . . 5
Article 15 - Conflict of conventions . . . . . . . . . . . . . 5
Article 16 - Temporary change of flag . . . . . . . . . . . . 6
Article 17 - Depositary . . . . . . . . . . . . . . . . . . . . 6
Article 18 - Signature, ratification, acceptance, approval
and accession . . . . . . . . . . . . . . . . . . . . . 6
Article 19 - Entry into force . . . . . . . . . . . . . . . . . 7
Article 20 - Revision and amendment . . . . . . . . . . . 7
Article 21 - Denunciation . . . . . . . . . . . . . . . . . . . 7
Article 22 - Languages . . . . . . . . . . . . . . . . . . . . 7

SiSU lexmercatoria.org iii


International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

1 International Convention on Maritime Liens and 11 (c) either the register or any instruments referred to in subpara-
Mortgages 1993 graph (b) specifies at least the name and address of the person
in whose favour the mortgage, “hypothèque” or charge has been
[Preamble] effected or that it has been issued to bearer, the maximum amount
secured, if that is a requirement of the law of the State of regis-
2 The States Parties to this Convention, tration or if that amount is specified in the instrument creating the
mortgage, “hypothèque” or charge, and the date and other partic-
3 Conscious of the need to improve conditions for ship financing and
ulars which, according to the law of the State of registration, de-
the development of national merchant fleets,
termine the ranking in relation to other registered mortgages, “hy-
4 Recognizing the desirability of international uniformity in the field of pothèques” and charges.
maritime liens and mortgages, and therefore
5 Convinced of the necessity for an international legal instrument Article 2 - Ranking and effects of mortgages, “hypothèques” 12

governing maritime liens and mortgages, and charges

6 Have decided to conclude a Convention for this purpose and have The ranking of registered mortgages, “hypothèques” or charges 13
therefore agreed as follows: as between themselves and, without prejudice to the provisions
of this Convention, their effect in regard to third parties shall be de-
7 Article 1 - Recognition and enforcement of mortgages, termined by the law of the State of registration; however, without
“hypothèques” and charges prejudice to the provisions of this Convention, all matters relating
to the procedure of enforcement shall be regulated by the law of
8 Mortgages, “hypothèques” and registrable charges of the same na- the State where enforcement takes place.
ture, which registrable charges of the same nature will be referred
to hereinafter as “charges” effected on seagoing vessels shall be Article 3 - Change of ownership or registration 14

recognized and enforceable in States Parties provided that:


1. With the exception of the cases provided for in articles 11 and 15
9 (a) such mortgages, “hypothèques” and charges have been ef-
12, in all other cases that entail the deregistration of the vessel
fected and registered in accordance with the law of the State in
from the register of a State Party, such State Party shall not permit
which the vessel is registered;
the owner to deregister the vessel unless all registered mortgages,
10 (b) the register and any instruments required to be deposited with “hypothèques” or charges are previously deleted or the written con-
the registrar in accordance with the law of the State in which the sent of all holders of such mortgages, “hypothèques” or charges is
vessel is registered are open to public inspection, and that extracts obtained. However, where the deregistration of the vessel is oblig-
from the register and copies of such instruments are obtainable atory in accordance with the law of a State Party, otherwise than
from the registrar; and as a result of a voluntary sale, the holders of registered mortgages,

SiSU lexmercatoria.org 1
International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

“hypotheques” or charges shall be notified of the pending deregis- dues;


tration in order to enable such holders to take appropriate action to (e) claims based on tort arising out of physical loss or damage 25
protect their interests; unless the holders consent, the deregistra- caused by the operation of the vessel other than loss of or dam-
tion shall not be implemented earlier than after a lapse of a reason- age to cargo, containers and passengers' effects carried on the
able period of time which shall be not less than three months after vessel.
the relevant notification to such holders.
2. No maritime lien shall attach to a vessel to secure claims as set 26
16 2. Without prejudice to article 12, paragraph 5, a vessel which out in subparaghraphs (b) and (e) of paragraph 1 which arise out
is or has been registered in a State Party shall not be eligible for of or result from:
registration in another State Party unless either:
(a) damage in connection with the carriage of oil or other hazardous 27
17 (a) a certificate has been issued by the former State to the effect or noxious substances by sea for which compensation is payable
that the vessel has been deregistered; or to the claimants pursuant to international conventions or national
18 (b) a certificate has been issued by the former State to the effect law providing for strict liability and compulsory insurance or other
that the vessel will be deregistered with immediate effect, at such means of securing the claims; or
time as the new registration is effected. The date of deregistration (b) the radioactive properties or a combination of radioactive prop- 28
shall be the date of the new registration of the vessel. erties with toxic, explosive or other hazardous properties of nuclear
fuel or of radioactive products or waste.
19 Article 4 - Maritime liens
Article 5 - Priority of maritime liens 29
20 1. Each of the following claims against the owner, demise char-
terer, manager or operator of the vessel shall be secured by a mar- 1. The maritime liens set out in article 4 shall take priority over 30

itime lien on the vessel: registered mortgages, “hypothèques” and charges, and no other
claim shall take priority over such maritime liens or over such mort-
21 (a) claims for wages and other sums due to the master, officers
gages, “hypotheques” or charges which comply with the require-
and other members of the vessel's complement in respect of their
ments of article 1, except as provided in paragraphs 3 and 4 of
employment on the vessel, including costs of repatriation and social
article 12.
insurance contributions payable on their behalf;
2. The maritime liens set out in article 4 shall rank in the order listed, 31
22 (b) claims in respect of loss of life or personal injury occurring,
provided however that maritime liens securing claims for reward for
whether on land or on water, in direct connection with the oper-
the salvage of the vessel shall take priority over all other maritime
ation of the vessel;
liens which have attached to the vessel prior to the time when the
23 (c) claims for reward for the salvage of the vessel; operations giving rise to the said liens were performed.
24 (d) claims for port. canal. and other waterway dues and pilotage 3. The maritime liens set out in each of subparagraphs (a), (b), (d) 32

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

and (e) of paragraph 1 of article 4 shall rank pari passu as between 42 Article 7 - Rights of retention
themselves.
1. Each State Party may grant under its law a right of retention in 43
33 4. The maritime liens securing claims for reward for the salvage respect of a vessel in the possession of either:
of the vessel shall rank in the inverse order of the time when the
claims secured thereby accrued. Such claims shall be deemed to (a) a shipbuilder, to secure claims for the building of the vessel; 44

have accrued on the date on which each salvage operation was or


terminated. (b) a shiprepairer, to secure claims for repair, including reconstruc- 45

tion of the vessel, effected during such possession.


34 Article 6 - Other maritime liens 2. Such right of retention shall be extinguished when the vessel 46

ceases to be in the possession of the shipbuilder or shiprepairer,


35 Each State Party may, under its law, grant other maritime liens on otherwise than in consequence of an arrest or seizure.
a vessel to secure claims other than those referred to in article 4,
against the owner, demise charterer, manager or operator of the Article 8 - Characteristics of maritime liens 47
vessel, provided that such liens:
Subject to the provisions of article 12, the maritime liens follow the 48
36 (a) shall be subject to the provisions of articles 8, 10 and 12;
vessel, notwithstanding any change of ownership or of registration
37 (b) shall be extinguished or of flag.

38 (i) after a period of 6 months. from the time when the claims se-
cured thereby arose unless, prior to the expiry of such period, the Article 9 - Extinction of maritime liens because of time 49

vessel has been arrested or seized, such arrest or seizure leading


to a forced sale; or 1. The maritime liens set out in article 4 shall be extinguished after 50

a period of one year unless, prior to the expiry of such period, the
39 (ii) at the end of a period of 60 days following a sale to a bona fide vessel has been arrested or seized, such arrest or seizure leading
purchaser of the vessel, such period to commence on the date on to a forced sale.
which the sale is registered in accordance with the law of the State
2. The one-year period referred to in paragraph 1 shall com- 51
in which the vessel is registered following the sale;
mence:
40 whichever period expires first; and (a) with respect to the maritime lien set out in article 4, paragraph 52

1(a), upon the claimant's discharge from the vessel;


41 (c) shall rank after the maritime liens set out in article 4 and also af-
ter registered mortgages, “hypothèques” or charges which comply (b) with respect to the maritime liens set out in article 4, paragraph 53

with the provisions of article 1. 1 (b) to (e), when the claims secured thereby arise;

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

and shall not be subject to suspension or interruption , provided, 54 cerning the forced sale or the proceedings leading to the forced
however, that time shall not run during the period that the arrest or sale as the authority in a State Party conducting the proceedings
seizure of the vessel is not permitted by law. shall determine is sufficient to protect the interests of persons en-
titled to notice; or,
55 Article 10 - Assignment and subrogation (b) if the time and place of the forced sale cannot be determined 66

with certainty, the approximate time and anticipated place of the


56 1. The assignment of or subrogation to a claim secured by a mar- forced sale and such particulars concerning the forced sale as the
itime lien entails the simultaneous assignment of or subrogation to authority in a State Party conducting the proceedings shall deter-
such a maritime lien. mine is sufficient to protect the interests of persons entitled to no-
57 2. Claimants holding maritime liens may not be subrogated to the tice.
compensation payable to the owner of the vessel under an insur- If notice is provided in accordance with subparagraph (b), addi- 67
ance contract. tional notice of the actual time and place of the forced sale shall be
provided when known but, in any event, not less than seven days
58 Article 11 - Notice of forced sale prior to the forced sale.
3. The notice specified in paragraph 2 of this article shall be in writ- 68
59 1. Prior to the forced sale of a vessel in a State Party, the competent
ing and either given by registered mail, or given by any electronic
authority in such State Party shall ensure that notice in accordance
or other appropriate means which provide confirmation of receipt,
with this article is provided to:
to the persons interested as specified in paragraph 1, if known. In
60 (a) the authority in charge of the register in the State of registra- addition, the notice shall be given by press announcement in the
tion; State where the forced sale is conducted and, if deemed appro-
61 (b) all holders of registered mortgages, “hypothèques” or charges priate by the authority conducting the forced sale, in other publica-
which have not been issued to bearer; tions.

62 (c) all holders of registered mortgages. “hypotheques” or charges


issued to bearer and all holders of the maritime liens set out in arti- Article 12 - Effects of forced sale 69

cle 4, provided that the competent authority conducting the forced


sale receives notice of their respective claims; and 1. In the event of the forced sale of the vessel in a State Party, 70

all registered mortgages, “hypothèques” or charges, except those


63 (d) the registered owner of the vessel assumed by the purchaser with the consent of the holders, and all
64 2. Such notice shall be provided at least 30 days prior to the forced liens and other encumbrances of whatsoever nature, shall cease
sale and shall contain either: to attach to the vessel, provided that:
65 (a) the time and place of the forced sale and such particulars con- (a) at the time of the sale, the vessel is in the area of the jurisdiction 71

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

of such State; and and other encumbrances, provided that the requirements set out in
paragraph 1 (a) and (b) have been complied with. Upon production
72 (b) the sale has been effected in accordance with the law of the
of such certificate, the registrar shall be bound to delete all regis-
said State and the provisions of article 11 and this article.
tered mortgages, “hypothèques” or charges except those assumed
73 2. The costs and expenses arising out of the arrest or seizure and by the purchaser, and to register the vessel in the name of the pur-
subsequent sale of the vessel shall be paid first out of the proceeds chaser or to issue a certificate of deregistration for the purpose of
of sale. Such costs and expenses include, inter alia, the costs for new registration, as the case may be.
the upkeep of the vessel and the crew as well as wages, other sums 6. States Parties shall ensure that any proceeds of a forced sale 77
and costs referred to in article 4, paragraph 1 (a), incurred from the are actually available and freely transferable.
time of arrest or seizure. The balance of the proceeds shall be
distributed in accordance with the provisions of this Convention, to
the extent necessary to satisfy the respective claims. Upon satis- Article 13 - Scope of application 78

faction of all claimants the residue of the proceeds, if any, shall be


paid to the owner and it shall be freely transferable. 1. Unless otherwise provided in this Convention, its provisions shall 79

apply to all seagoing vessels registered in a State Party or in a


74 3. A State Party may provide in its law that in the event of the State which is not a State Party, provided that the latter's vessels
forced, sale of a stranded or sunken vessel following its removal by are subject to the jurisdiction of the State Party.
a public authority in the interest of sate navigation or the protection
2. Nothing in this Convention shall create any rights in, or en- 80
of the marine environment, the costs of such removal shall be paid
able any rights to be enforced against, any vessel owned or op-
out of the proceeds of the sales, before all other claims secured by
erated by a State and used only on Government non-commercial
a maritime lien on the vessel.
service.
75 4. It at the time of the forced sale the vessel is in the possession
of a shipbuilder or of a shiprepairer who under the law of the State Article 14 - Communication between States Parties 81
Party in which the sale takes place enjoys a right of retention, such
shipbuilder or shiprepairer must surrender possession of the vessel For the purpose of articles 3, 11 and 12, the competent authori- 82
to the purchaser but is entitled to obtain satisfaction of his claim out ties of the States Parties shall be authorized to correspond directly
of the proceeds of sale after the satisfaction of the claims of holders between themselves.
of maritime liens mentioned in article 4.
76 5. When a vessel registered in a State Party has been the object Article 15 - Conflict of conventions 83

of a forced sale in any State Party, the competent authority shall,


at the request of the purchaser, issue a certificate to the effect that Nothing in this Convention shall affect the application of any inter- 84

the vessel is sold free of all registered mortgages, “hypothèques” or national convention providing for limitation of liability or of national
charges, except those assumed by the purchaser, and of all liens legislation giving effect thereto.

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

85 Article 16 - Temporary change of flag vessel's record in the State whose flag the vessel is permitted to
fly temporarily shall, at the request of the purchaser, issue a cer-
86 If a se seagoing vessel registered in one State is permitted to tificate to the effect that the right to fly the flag of that State is re-
fly temporarily the flag of another State, the following shall ap- voked.
ply:
(g) Nothing in this Convention is to be understood to impose any 93

87 (a) For the purposes of this article, references in this Convention obligation on States Parties to permit foreign vessels to fly tem-
to the “State in which the vessel is registered” or to the “State of porarily their flag or national vessels to fly temporarily a foreign
registration” shall be deemed to be references to the State in which flag.
the vessel was registered immediately prior to the change of flag,
and references to “the authority in charge of the register” shall be Article 17 - Depositary 94
deemed to be references to the authority in charge of the register
in that State. This Convention shall be deposited with the Secretary-General of 95

88 (b) The law of the State of registration shall be determinative for the United Nations.
the purpose of recognition of registered mortgages, “hypothèques”
and charges. Article 18 - Signature, ratification, acceptance, approval and 96

89 (c) The State of registration shall require a cross-reference entry in accession


its register specifying the State whose Rag the vessel is permitted
1. This Convention shall be open for signature by any State at the 97
to fly temporarily; likewise, the State whose flag the vessel is per-
Headquarters of the United Nations, New York, from 1 September
mitted to fly temporarily shall require that the authority in charge of
1993 to 31 August 1994 and shall thereafter remain open for ac-
the vessel's record specifies by a cross-reference in the record the
cession.
State of registration.
2. States may express their consent to be bound by this Conven- 98
90 (d) No State Party shall permit a vessel registered in that State to
tion by:
fly temporarily the flag of another State unless all registered mort-
gages, “hypothèques” or charges on that vessel have been pre- (a) signature without reservation as to ratification. acceptance or 99

viously satisfied or the written consent of the holders of all such approval; or
mortgages, “hypothèques” or charges has been obtained. (b) signature subject to ratification, acceptance or approval, fol- 100

91 (e) The notice referred to in article 11 shall be given also to the lowed by ratification, acceptance or approval; or
competent authority in charge of the vessel's record in the State (c) accession. 101

whose flag the vessel is permitted to fly temporarily.


3. Ratification, acceptance, approval or accession shall be ef- 102

92 (f) Upon production of the certificate of deregistration referred to fected by the deposit of an instrument to that effect with the de-
in article 12 paragraph 5, the competent authority in charge of the positary.

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

103 Article 19 - Entry into force Article 22 - Languages 113

104 1. This Convention shall enter into force 6 months following the This Convention is established in a single original in the Arabic, 114

date on which 10 States have expressed their consent to be bound Chinese, English, French, Russian and Spanish languages, each
by it. text being equally authentic.

105 2. For a State which expresses its consent to be bound by this


Convention after the conditions for entry into force thereof have [Post Provisions]
been met, such consent shall take effect 3 months after the date of
expression of such consent. [Post Clauses (If any: Signed; Witnessed; Done; Authentic
Texts; & Deposited Clauses)]

106 Article 20 - Revision and amendment DONE AT Geneva this sixth day of May, one thousand nine hun- 115

dred and ninety-three.


107 1. A conference of States Parties for the purpose of revising or
IN WITNESS WHEREOF the undersigned being duly authorized 116
amending this Convention shall be convened by the Secretary-
by their respective Governments for that purpose have signed this
General of the United Nations at the request of one-third of the
Convention.
States Parties.
108 2. Any consent to be bound by this Convention, expressed after
Annex - International Convention on Maritime Liens and 117
the date of entry into force of an amendment to this Convention,
Mortgages, 1993
shall be deemed to apply to the Convention. as amended
[Annex]
109 Article 21 - Denunciation
On the Final Act of the United Nations / International Maritime Orga- 118

110 1. This Convention may be denounced by any State Party at any nization Conference of Plenipotentiaries on a Convention on Mar-
time after the date on which this Convention enters into force for itime Liens and Mortgages
that State. 1. The General Assembly of the United Nations, by reso- 119

lution 46/213 of 20 December 1991, decided that a United


111 2. Denunciation shall be effected by the deposit of an instrument
Nations/International Maritime Organization Conference of
of denunciation with the depositary.
Plenipotentiaries on a Convention on Maritime Liens and Mort-
112 3. A denunciation shall take effect one year, or such longer period gages should be convened in order to consider a draft convention
as may be specified in the instrument of denunciation, after the and to embody the results of its work in a convention on maritime
receipt of the instrument of denunciation by the depositary. liens and mortgages.

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International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

120 2. The United Nations/International Maritime Organization Con- International Chamber of Commerce, International Chamber
ference of Plenipotentiaries on a Convention on Maritime Liens of Shipping, International Confederation of Free Trade Unions,
and Mortgages, was convened at Geneva from 19 April to 6 May International Maritime Committee, International Ship Suppliers
1993. Association, Latin American Association of Navigational Law and
Law of the Sea.
121 3. Representatives from the following States participated in
the Conference: Algeria, Argentina, Australia, Austria, Belgium, 8. The following committees were established by the Confer- 126

Bolivia, Brazil, Bulgaria, Canada, Chile, China, Colombia, Côte ence:


d'Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, General Committee President: Mr. Walter Müller (Switzerland) 127
Denmark, Egypt, Finland, France, Gabon, Germany, Ghana, Vice-Presidents: Brazil, Canada, China, Denmark, Indonesia,
Greece, Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Liberia and Poland. Chairman of the Main Committee: Mr. G.G.
Israel, Italy, Japan, Kenya, Kuwait, Latvia, Liberia, Madagas- Ivanov (Russian Federation) Rapporteur-General: Mr. Domingo
car, Mauritius, Mexico, Morocco, Netherlands, Nigeria, Norway, Nicolas Rotondaro (Argentina).
Panama, Peru, Philippines, Poland, Portugal, Republic of Ko-
rea, Russian Federation, Senegal, Spain, Sri Lanka, Sudan, Main Committee 128

Sweden, Switzerland, Syrian Arab Republic, Thailand, Tunisia, Chairman: Mr. G.G. Ivanov (Russian Federation) Vice-Chairman- 129

Turkey, United Kingdom of Great Britain and Northern Ireland, cum-Rapporteur: Mr. J.E. de Boer (Netherlands)
United Republic of Tanzania, United States of America, Uruguay,
Drafting Committee 130
Venezuela.
Chairman: Mrs. B. Czerwenka (Germany) Core membership: Al- 131
122 4. Hong Kong, an associate member of the International Maritime geria, Argentina, China, Côte d'Ivoire, Egypt, France, Germany, In-
Organization, was represented by an observer. donesia, Mexico, Nigeria, Norway, Poland, Spain, Russian Feder-
123 5. The following specialized agencies were represented by an ob- ation, United Kingdom of Great Britain and Northern Ireland, United
server: International Labour Organisation, World Meteorological States of America.
Organization. Credentials Committee 132

124 6. The following intergovernmental organizations were repre- Chairman: Mr. Daniel D.C. Don Nanjira (Kenya) Members: Ar- 133
sented by an observer: European Economic Community, League gentina, Australia, China, Ghana, India, Kenya, Russian Federa-
of Arab States, Organization for Economic Cooperation and tion, United States of America and Venezuela.
Development, Organization of African Unity.
9. The secretariat of the Conference included the following officers: 134

125 7. The following non-governmental organizations were repre- Secretary-General of UNCTAD, Mr. K.K.S. Dadzie; Secretary-
sented by an observer: Association of African Shipping Lines, General of IMO, Mr. W.A. O'Neil; the Executive Secretary, Mr. A.
Baltic and International Maritime Council, Iberoamerican Institute Bouayad, Director, Services Development Division, UNCTAD, and
of Maritime Law, International Association of Ports and Harbours, subsequently Mr. R. Vogel, Deputy Director, UNCTAD; the Deputy

SiSU lexmercatoria.org 8
International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

Executive Secretary, Mr. E.M. Göransson, Director, Legal Affairs [Annex Post Provisions]
and External Relations Division, IMO; Mrs. Monica N. Mbanefo,
Senior Deputy Director, IMO; Mr. Agustin Blanco-Bazan, Senior [Annex Post Clauses (If any: Signed; Witnessed; Done;
Legal Officer, IMO; Ms. L. Young, Administrative Officer, IMO; Authentic Texts; & Deposited Clauses)]
Mr. R. Vigil, Chief, Maritime Legislation Section, UNCTAD; Ms.
M. Faghfouri, Legal Affairs Officer, UNCTAD; Mr. Carlos Moreno, Done at Geneva, on this sixth day of May, one thousand nine 139

Legal Affairs Officer, UNCTAD; Mr. E. Chrispeels, Senior Legal hundred and ninetythree, in one original in the Arabic, Chinese,
Officer, UNCTAD; Mr. A. Behnam, Secretary of the Conference, English, French, Russian and Spanish languages, all texts being
UNCTAD. equally authentic. The original of the Final Act shall be deposited
in the archives of the United Nations Secretariat.
135 10. The Conference had before it, as a basis for its work, the draft W. Müller President of the Conference 140

articles for a Convention on maritime liens and mortgages , pre- K.K.S. Dadzie Secretary-General of UNCTAD 141
pared by the Joint UNCTAD/IMO Intergovernmental Group of Ex-
perts on Maritime Liens and Mortgages and Related Subjects, and W.A. O'Neil Secretary-General of IMO 142

the compilation of comments and proposals by Governments, and R. Vogel Executive Secretary of the Conference 143
by intergovernmental and non-governmental organizations, on the
E.M. Göransson Deputy Executive Secretary of the Confer- 144
draft convention on maritime liens and mortgages . The Confer-
ence
ence adopted its rules of procedure and its agenda .
A. Behnam Secretary of the Conference 145

136 11. On the basis of its deliberations as recorded in its report , E. Chrispeels Senior Legal Officer 146

the Conference established the text of the INTERNATIONAL CON-


IN WITNESS WHEREOF the undersigned representatives have 147
VENTION ON MARITIME LIENS AND MORTGAGES, 1993.
signed this Final Act.
The States whose representatives signed the Final Act are: Alge- 148
137 12. The Conference adopted on 6 May 1993 resolution entitled
ria, Argentina, Australia, Austria, Belgium, Brazil, Canada, China,
“The Consideration of a Possible Review of the International Con-
Colombia, Côte d'Ivoire, Cuba, Cyprus, Democratic People's Re-
vention for the Unification of Certain Rules Relating to the Arrest of
public of Korea, Denmark, Egypt, Finland, France, Gabon, Ger-
Sea-going Ships, 1952”.
many, Ghana, Greece, Guinea, India, Indonesia, Iran (Islamic Re-
public of), Israel, Italy, Japan, Kenya, Kuwait, Liberia, Madagascar,
138 13. The text of the Convention was adopted by the Conference on Mexico, Morocco, Netherlands, Nigeria, Norway, Panama, Peru,
6 May 1993. The Convention will be open for signature at United Philippines, Poland, Portugal, Republic of Korea, Russian Feder-
Nations Headquarters, New York, from 1 September 1993 to and ation, Senegal, Spain, Sudan, Sweden, Switzerland, Syrian Arab
including 31 August 1994. Republic, Thailand, Tunisia, United Kingdom of Great Britain and

SiSU lexmercatoria.org 9
International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

Northern Ireland, United Republic of Tanzania, United States of


America, Uruguay, and Venezuela.

SiSU lexmercatoria.org 10
International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993

Metadata

SiSU Metadata, document information

Document Manifest @:
‹http://www.jus.uio.no/lm/un.imo.maritime.liens.and.mortgages.convention.
1993/sisu_manifest.html›
Title: International Convention on Maritime Liens and Mortgages 1993, Held at the Palais
des Nations, Geneva, from 19 April to 6 May 1993
Creator: United Nations (UN)
Rights: Copyright (C) 1993 United Nations (UN)
Subject: maritime law, liens
Publisher: SiSU ‹http://www.jus.uio.no/sisu› (this copy)
Date: 1993
Topics Registered: United Nations:finance:mortgages:maritime:convention;United
Nations:finance:liens:maritime:convention;finance:mortgages:maritime:convention;-
finance:liens:maritime:convention

Version Information
Sourcefile: un.imo.maritime.liens.and.mortgages.convention.1993.sst
Filetype: SiSU text 2.0
Source Digest: SHA256(un.imo.maritime.liens.and.mortgages.convention.1993.-
sst)=e4335556032a770f839aaf097071a5da04128b9f6929aa830828153a077e12a1
Skin Digest: SHA256(skin_lm.rb)=5acda64a9532f9ef6b71693da2b471d4efac2f23-
a8499e68de066eec8ea9b8e9

Generated
Document (dal) last generated: Tue Sep 21 18:05:03 -0400 2010
Generated by: SiSU 2.6.3 of 2010w30/3 (2010-07-28)
Ruby version: ruby 1.8.7 (2010-08-16 patchlevel 302) [i486-linux]

SiSU lexmercatoria.org 11

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