International - Treaty - International Convention On Maritime Liens and Mortgages - 1993 - Eng1
International - Treaty - International Convention On Maritime Liens and Mortgages - 1993 - Eng1
copy @ lexmercatoria.org
Copyright © 1993 United Nations (UN)
SiSU lexmercatoria.org ii
Contents
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
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
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
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
SiSU lexmercatoria.org 2
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
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
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
with the provisions of article 1. 1 (b) to (e), when the claims secured thereby arise;
SiSU lexmercatoria.org 3
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
SiSU lexmercatoria.org 4
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
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.
SiSU lexmercatoria.org 5
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
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
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.
SiSU lexmercatoria.org 6
International Convention on Maritime Liens and Mortgages 1993, Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993
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.
106 Article 20 - Revision and amendment DONE AT Geneva this sixth day of May, one thousand nine hun- 115
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
SiSU lexmercatoria.org 7
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
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
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
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
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