International Convention on Civil Liability for Oil Pollution Damage

International Convention on Civil Liability for Oil Pollution Damage in the United States

ARTICLE I

For the purposes of this Convention:
1. “Ship” means any sea-going vessel and any seaborne craft of any type
whatsoever, actually carrying oil in bulk as cargo.
2. “Person” means any individual or partnership or any public or private
body, whether corporate or not, including a state or any of its constituent
subdivisions.
3. “Owner” means the person or persons registered as the owner of the
ship or, in the absence of registration, the person or persons owning the
ship. However in the case of a ship owned by a state and operated by a
company which in that state is registered as the ship’s operator, “Owner”
all mean such company.
4. “State of the ship’s registry” means in relation to registered ships the
state of registration of the ship, and in relation to unregistered ships the
state whose flag the ship is flying.
5. “Oil” means any persistent oil such as crude oil, fuel oil, heavy diesel
oil, lubricating oil and whale oil, whether carried on board a ship as cargo
in the bunkers of such a ship.
6. “Pollution damage” means loss or damage caused outside the ship
carrying oil by contamination resulting from the escape or discharge
of oil
from the ship, wherever such escape or discharge may occur, and includes
costs of preventive measures and further loss or damage caused by
preventive measures.
7. “Preventive measures” means any reasonable measures taken by any
Person after an incident has occurred to prevent or minimize pollution
damage.
8. “Incident” means any occurrence, or series of occurrences having the
same origin, which causes pollution damage.
9. “Organization” means the Inter-Governmental Maritime Consultative
Organization.

ARTICLE II

This Convention shall apply exclusively to pollution damage caused on
the territory including the territorial sea of a Contracting State and to pre-
ventive measures taken to prevent or minimize such damage.

ARTICLE III

1. Except as provided in paragraphs 2 and 3 of this article, the owner of
a ship at the time of an incident, or where the incident consists of
of occurrences at the time of the first such occurrence, shall be liable for
any pollution damage caused by oil which has escaped or been discharged
from the ship as a result of the incident.
2. No liability for pollution damage shall attach to the owner if he proves
that the damage:
(a) resulted from an act of war, hostilities, civil war, insurrection, or
a natural phenomenon of an exceptional, inevitable and irresistible
character, or
(b) was wholly caused by an act or omission done with intent to cause
damage by a third party, or
(c) was wholly caused by the negligence or other wrongful act of any
government or other authority responsible for the maintenance of lights
or other navigational aids in the exercise of that function.
3. If the owner proves that the pollution damage resulted wholly or
partially either from an act or omission done with intent to cause damage
by the person who suffered the damage or from the negligence of that
person, the owner may be exonerated wholly or partially from his liability
to such person.
4. No claim for compensation for pollution damage shall be made against
the owner otherwise than in accordance with this Convention. No claim
for pollution damage under this Convention or otherwise may be made
against the servants or agents of the owner.
5. Nothing in this Convention shall prejudice any right of recourse of
the owner against third parties.

ARTICLE IV

When oil has escaped or has been discharged from two or more ships,
and pollution damage results therefrom, the owners of all the ships con-
cerned, unless exonerated under Article III, shall be jointly and severally
liable for all such damage which is not reasonably separable.

ARTICLE V

1. The owner of a ship shall be entitled to limit his liability under this
Convention in respect of any one incident to an aggregate amount of 2,000
francs for each ton of the ship’s tonnage. However, this aggregate amount
shall not in any event exceed 210 million francs.

2. if the incident occurred as a result of the actual fault or privity
the owner, he shall not be entitled to avail himself of the limitation provided
in paragraph I of this article.

3. For the purpose of availing himself of the benefit of limitation provided
for in paragraph 1 of this article the owner shall constitute a fund for the
total sum representing the limit of his liability with the court or other com-
petent authority of any one of the Contracting States in which action is
brought under Article IX. The fund can be constituted either by depositing
the sum or by producing a bank guarantee or other guarantee, acceptable
under the legislation of the Contracting State where the fund is constituted,
and considered to be adequate by the court or another competent authority.

4. The fund shall be distributed among the claimants in proportion to
the amounts of their established claims.

5. If before the fund is distributed the owner or any of his servants or
agents or any person providing him insurance or other financial security
has as a result of the incident in question, paid compensation for pollution
damage, such person shall, up to the amount he has paid, acquire by sub-
rogation the rights which the person so compensated would have enjoyed
under this Convention.

6. The right of subrogation provided for in paragraph 5 of this article
may also be exercised by a person other than those mentioned therein in
respect of any amount of compensation for pollution damage which he may
have paid but only to the extent that such subrogation is permitted under
the applicable national law.

7. Where the owner or any other person establishes that he may be com-
pelled to pay at a later date in whole or in part any such amount of compen-
sation, with regard to which such person would have enjoyed a right of
subrogation under paragraph 5 or 6 of this article, had the compensation
been paid before the fund was distributed, the court or other competent
authority of the state where the fund has been constituted may order that
a sufficient sum shall be provisionally set aside to enable such person at such
later date to enforce his claim against the fund.

8. Claims in respect of expenses reasonably incurred or sacrifices reason-
ably made by the owner voluntarily to prevent or minimize pollution dam-
age shall rank equally with other claims against the fund.

9. The franc mentioned in this article shall be a unit consisting of sixty-
five and a half milligrams of gold of millesimal fineness nine hundred. The
amount mentioned in paragraph I of this article shall be converted into
the national currency of the state in which the fund is being constituted on
the basis of the value of that currency by reference to the unit defined above
on the date of the constitution of the fund.

10. For the purpose of this article the ship’s tonnage shall be the net
tonnage of the ship with the addition of the amount deducted from the
gross tonnage on account of engine room space for the purpose of ascertain-
ing the net tonnage. In the case of a ship which cannot be measured in
accordance with the normal rules of tonnage measurement, the ship’s
tonnage shall be deemed to be 40 percent of the weight in tons (of 2240lbs.)
of oil which the ship is capable of carrying.

11. The insurer or other person providing financial security shall be
entitled to constitute a fund in accordance with this article on the same
conditions and having the same effect as if it were constituted by the owner.
Such a fund may be constituted even in the event of the actual fault
privity of the owner but its constitution shall in that case not prejudice
rights of any claimant against the owner.

ARTICLE VI

1. Where the owner, after an incident, has constituted a fund
in accordance with Article V, and is entitled to limit his
liability,
(a) no person having a claim for pollution damage arising
out of that incident shall be entitled to exercise any right against
any other assets of the owner in respect of such claim;
(b) the court or other competent authority of any
Contracting State shall order the release of any ship or other
property belonging to the owner which has been arrested in respect
of a claim for pollution damage arising out of that incident, and
shall similarly release any bail or other security furnished to
avoid such arrest.
2. The foregoing shall, however, only apply if the claimant has access
to the court administering the fund and the fund is actually available in
respect of his claim.

ARTICLE VII

1. The owner of a ship registered in a Contracting State and
more than 2,000 tons of oil in bulk as cargo shall be required to
insurance or other financial security, such as the guarantee of a bank or a
certificate delivered by an international compensation fund, in the sums
fixed by applying the limits of liability prescribed in Article.V, paragraph
I to cover his liability for pollution damage under this Convention.
2. A certificate attesting that insurance or other financial security
is in force in accordance with the provisions of this Convention
shall be issued to each ship. It shall be issued or certified by
the appropriate authority of the state of the ship’s registry after determining
that the requirements of paragraph I of this article
have been complied with. This certificate shall
be in the form of the annexed model and shall contain the following
particulars:
(a) name of ship and port of registration;
(b) name and principal place of business of owner;
(c) type of security;
(d) name and principal place of business of insurer or other person
giving security and, where appropriate, place of business where the
insurance or security is established;
(e) period of validity of certificate which shall not be longer than the
period of validity of the insurance or other security.
3. The certificate shall be in the official language or languages of the
issuing state. If the language used is neither English nor French, the text
shall include a translation into one of these languages.
4. The certificate shall be carried on board the ship and a copy shall
be deposited with the authorities who keep the record of the ship’s registry.
5. An insurance or other financial security shall not satisfy the
requirements of this article if it can cease, for reasons other than the
expiry of the period of validity of the insurance or security specified in
the certificate under paragraph 2 of this article, before three months
have elapsed from the date on which notice of its termination is given to
the authorities referred to in paragraph 4 of this article, unless
the certificate has been surrendered to these authorities or a new
certificate has been issued within the said period. The foregoing
provisions shall similarly apply to any modification which results in
the insurance or security no longer satisfying the requirements of
this article.
6. The state of registry shall, subject to the provisions of
this article, determine the conditions of issue and validity of the
certificate.
7. Certificates issued or certified under the authority of a
Contracting State shall be accepted by other Contracting States for the
purposes of this Convention and shall be regarded by other Contracting States
as having the same force as certificates issued or certified by them.
A Contracting State may at any time request consultation with the state of
a ship’s registry should it believe that the insurer or guarantor named in
the certificate is not financially capable of meeting the obligations imposed
by this Convention.
8. Any claim for compensation for pollution damage may be brought
directly against the insurer or other person providing financial security
for the owner’s liability for pollution damage. In such case the defendant
may, irrespective of the actual fault or privity of the owner, avail himself
of the limits of liability prescribed in Article V, paragraph 1. He may
further avail himself of the defences (other than the bankruptcy or winding
up of the owner) which the owner himself would have been entitled to
invoke. Furthermore, the defendant may avail himself of the defence that
the pollution damage resulted from the wilful misconduct of the owner
himself, but the defendant shall not avail himself of any other defence which
be might have been entitled to invoke in proceedings brought by the
owner against him. The defendant shall in any event have the right to
require the owner to be joined in the proceedings.
9. Any sums provided by insurance or by other financial security
maintained in accordance with paragraph 1 of this article shall be
available exclusively for the satisfaction of claims under this
Convention.
10. A Contracting State shall not permit a ship under its flag to
which this article applies to trade unless a certificate has been issued
under paragraph 2 or 12 of this article.
11. Subject to the provisions of this article, each Contracting
State shall ensure, under its national legislation, that insurance or
other security to the extent specified in paragraph I of this article is
in force in respect of any ship, wherever registered, entering or leaving a
port in its territory, or arriving at or leaving an off-shore terminal in
its territorial sea if the ship actually carries more than 2,000 tons of oil
in bulk as cargo.
12. If insurance or other financial security is not maintained
in respect of a ship owned by a Contracting State, the provisions of
this article relating thereto shall not be applicable to such ship, but the
ship shall carry a certificate issued by the appropriate authorities of
the state of the ship’s registry stating that the ship is owned by that
state and that the ship’s liability is covered within the limits prescribed
by Article V, paragraph 1. Such a certificate shall follow as closely
as practicable the model prescribed by paragraph 2 of this article.

ARTICLE VIII

Rights of compensation under this Convention shall be extinguished
unless an action is brought thereunder within three years from the date when
The damage occurred. However, in no case shall an action be brought after
six years from the date of the incident which caused the damage. Where
this incident consists of a series of occurrences, the six years’ period
shall run from the date of the first such occurrence.

ARTICLE IX

1. Where an incident has caused pollution damage in the territory
including the territorial sea of one or more Contracting States, or
measures have been taken to prevent or minimize pollution
such territory including the territorial sea, actions for compensation
may only be brought in the courts of any such Contracting State
Reasonable notice of any such action shall be given to the defendant.
2. Each Contracting State shall ensure that its courts possess the
necessary jurisdiction to entertain such actions for compensation.
3. After the fund has been constituted in accordance with Article V
the courts of the state in which the fund is constituted shall be
exclusively competent to determine all matters relating to the apportionment
and distribution of the fund.

ARTICLE X

1. Any judgment given by a court with jurisdiction in accordance
with Article IX which is enforceable in the state of origin where it is
no longer subject to ordinary forms of review, shall be recognized in
any Contracting State, except:
(a) where the judgment was obtained by fraud; or
(b) where the defendant was not given reasonable notice and a
fair opportunity to present his case.

2. A judgment recognized under paragraph 1 of this article shall be en-
forceable in each Contracting State as soon as the formalities required in
that state have been complied with. The formalities shall not permit the
merits of the case to be re-opened.

ARTICLE XI

1. The provisions of this Convention shall not apply to warships or other
ships owned or operated by a state and used, for the time being, only on
government noncommercial service.
2. With respect to ships owned by a Contracting State and used for
commercial purposes, each state shall be subject to suit in the
jurisdictions set forth in Article IX and shall waive all defences based
on its status as a sovereign state.

ARTICLE XII

This Convention shall supersede any international conventions in force
or open for signature, ratification or accession at the date on which the
Convention is opened for signature, but only to the extent that such con-
ventions would be in conflict with it; however, nothing in this article shall
affect the obligations of Contracting States to non-Contracting States arising
under such international conventions.

ARTICLE XIII

1. The present Convention shall remain open for signature until 31
December 1970 and shall thereafter remain open for accession.
States Members of the United Nations or any of the Specialized
agencies or of the International Atomic Energy Agency or parties to the
Itute of the International Court of justice may become parties to this
Convention by:
(a) signature without reservation as to ratification, acceptance or ap-
proval;
(b) signature subject to ratification, acceptance or approval followed
by ratification, acceptance or approval; or
(e) accession.

ARTICE XIV
1. Ratification, acceptance, approval or accession shall be effected
by the
deposit of a formal instrument to that effect with the Secretary-General of
the Organization.
2. Any instrument of ratification, acceptance, approval or accession de-
posited after the entry into force of an amendment to the present Conven-
tion with respect to all existing Contracting States, or after the completion
of all measures required for the entry into force of the amendment with
respect to those Contracting States shall be deemed to apply to the Con-
vention as modified by the amendment.

ARTICLE XV

1. The present Convention shall enter into force on the ninetieth day
following the date on which governments of eight states including five
states each with not less than 1,000,000 gross tons of tanker tonnage have
either signed it without reservation as to ratification, acceptance or approval
or have deposited instruments of ratification, acceptance, approval or access
with the Secretary-General of the Organization.
2. For each state which subsequently ratifies, accepts, approves or
accedes to it the present Convention shall come into force on the ninetieth
day after deposit by such state of the appropriate instrument.

ARTICLE XVI

1. The present Convention may be denounced by any Contracting State
at any time after the date on which the Convention comes into force for
that state.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General of the Organization.
3. A denunciation shall take effect one year, or such longer period as
may be specified in the instrument of denunciation, after its deposit with
Secretary-General of the Organization.

ARTICLE XVII

1. The United Nations, where it is the administering authority for a
territory, or any Contracting State responsible for the international relations
of a territory, shall as soon as possible consult with the appropriate authorities
of such territory or take such other measures as may be appropriate,in
order to extend the present Convention to that territory and may at any time
by notification in writing to the Secretary-General of the Organization,
declare that the present Convention shall extend to such territory.
2. The present Convention shall, from the date of receipt of the
notificaction or from such other date as may be specified in the notification,
extend to the territory named therein.
3. The United Nations, or any Contracting State which has made a dec-
laration under paragraph I of this article may at any time after the date on
which the Convention has been so extended to any territory declare by
notification in writing to the Secretary-General of the Organization that
the present Convention shall cease to extend to any such territory named
in the notification.
4. The present Convention shall cease to extend to any territory men-
tioned in such notification one year, or such longer period as may be
specified therein, after the date of receipt of the notification by the
Secretary-General of the Organization.

ARTICLE XVIII

1. A Conference for the purpose of revising or amending the present
Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the Contracting States
for revising or amending the present Convention at the request of not less
than one-third of the Contracting States.

ARTICLE XIX

1. The present Convention shall be deposited with the Secretary-General
of the Organization.
2. The Secretary-General of the Organization shall:
(a) inform all states which have signed or acceded to the Convention of
(i) each new signature or deposit of instrument together with the
date thereof;
(ii) the deposit of any instrument of denunciation of this Convention
together with the date of the deposit;
(iii) the extension of the present Convention to any territory under
paragraph I of Article XVII and of the termination of any such ex-
tension under the provisions of paragraph 4 of that article stating in
each case the date on which the present Convention has been or will
cease to be so extended;
(b) transmit certified true copies of the present Convention to all Signa-
tory States and to all states which accede to the present Convention.

ARTICLE XX

As soon as the present Convention comes into force, the text shall be
transmitted by the Secretary-General of the Organization to the Secretariat
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the Unite Nations.

ARTICLE XXI

The present Convention is establisbed in a single copy in the English and
French languages, both texts being equally authentic. Official translations
in the Russian and Spanish languages shall be prepared and deposited with
the signed original.

IN WITNESS WHEREOF the undersigned being duly authorized by their
respective governments for that purpose have signed the present Con-
vention.

DONE at Brussels this twenty-ninth day of November 1969.


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