International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990 in the United States

ARTICLE 1

General provisions

(1) Parties undertake, individually or jointly, to take all appropriate
measures in accordance with the provisions of this Convention and the
Annex thereto to prepare for and respond to an oil pollution incident.

(2) The Annex to this Convention shall constitute an integral part of the
Convention and a reference to this Convention constitutes at the same
time a reference to the Annex.

(3) This Convention shall not apply to any warship, naval auxiliary or
other ship owned or operated by a State and used, for the time being,
only on government non-commercial service. However, each Party shall
ensure by the adoption of appropriate measures not impairing the
operations or operational capabilities of such ships owned or operated by
it, that such ships act in a manner consistent, so far as is reasonable
and practicable, with this Convention.

ARTICLE 2

Definitions

For the purposes of this Convention:

(1) “Oil” means petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined products.

(2) “Oil pollution incident” means an occurrence or series of occurrences
having the same origin, which results or may result in a discharge of oil
and which poses or may pose a threat to the marine environment, or to the
coastline or related interests of one or more States, and which requires
emergency action or other immediate response.

(3) “Ship” means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air-cushion vehicles,
submersibles, and floating craft of any type.

(4) “Offshore unit” means any fixed or floating offshore installation or
structure engaged in gas or oil exploration, exploitation or production
activities, or loading or unloading of oil.

(5) “Sea ports and oil handling facilities” means those facilities which
present a risk of an oil pollution incident and includes, inter alia, sea
ports, oil terminals, pipelines and other oil handling facilities.

(6) “Organization” means the International Maritime Organization.

(7) “Secretary-General” means the Secretary-General of the Organization.

ARTICLE 3

Oil pollution emergency plans

(1) (a) Each Party shall require that ships entitled to fly its flag
have on board a shipboard oil pollution emergency plan as
required by and in accordance with the provisions adopted by
the Organization for this purpose.

(b) A ship required to have on board an oil pollution emergency
plan in accordance with subparagraph (a) is subject, while in
a port or at an offshore terminal under the jurisdiction of a
Party, to inspection by officers duly authorized by that
Party, in accordance with the practices provided for in
existing international agreements or its national
legislation.

(2) Each Party shall require that operators of offshore units under its
jurisdiction have oil pollution emergency plans, which are co-ordinated
with the national system established in accordance with article 6 and
approved in accordance with procedures established by the competent
national authority.

(3) Each Party shall require that authorities or operators in charge of
such sea ports and oil handling facilities under its jurisdiction as it
deems appropriate have oil pollution emergency plans or similar
arrangements which are co-ordinated with the national system established
in accordance with article 6 and approved in accordance with procedures
established by the competent national authority.

ARTICLE 4

Oil pollution reporting procedures

(1) Each Party shall:

(a) require masters or other persons having charge of ships flying its
flag and persons having charge of offshore units under its
jurisdiction to report without delay any event on their ship or
offshore unit involving a discharge or probable discharge of oil:

(i) in the case of a ship, to the nearest coastal State;

(ii) in the case of an offshore unit, to the coastal State to
whose jurisdiction the unit is subject;

(b) require masters or other persons having charge of ships flying its
flag and persons having charge of offshore units under its
jurisdiction to report without delay any observed event at sea
involving a discharge of oil or the presence of oil:

(i) in the case of a ship, to the nearest coastal State;

(ii) in the case of an offshore unit, to the coastal State to
whose jurisdiction the unit is subject;

(c) require persons having charge of sea ports and oil handling
facilities under its jurisdiction to report without delay any event
involving a discharge or probable discharge of oil or the presence
of oil to the competent national authority;

(d) instruct its maritime inspection vessels or aircraft and other
appropriate services or officials to report without delay any
observed event at sea or at a sea port or oil handling facility
involving a discharge of oil or the presence of oil to the
competent national authority or, as the case may be, to the nearest
coastal State;

(e) request the pilots of civil aircraft to report without delay any
observed event at sea involving a discharge of oil or the presence
of oil to the nearest coastal State.

(2) Reports under paragraph (1)(a)(i) shall be made in accordance with
the requirements developed by the Organization and based on the
guidelines and general principles adopted by the Organization. Reports
under paragraph (1)(a)(ii), (b), (c) and (d) shall be made in accordance
with the guidelines and general principles adopted by the Organization to
the extent applicable.

ARTICLE 5

Action on receiving an oil pollution report

(1) Whenever a Party receives a report referred to in article 4 or
pollution information provided by other sources, it shall:

(a) assess the event to determine whether it is an oil pollution
incident;

(b) assess the nature, extent and possible consequences of the oil
pollution incident; and

(c) then, without delay, inform all States whose interests are affected
or likely to be affected by such oil pollution incident, together
with

(i) details of its assessments and any action it has taken, or
intends to take, to deal with the incident, and

(ii) further information as appropriate,

until the action taken to respond to the incident has been
concluded or until joint action has been decided by such States.

(2) When the severity of such oil pollution incident so justifies, the
Party should provide the Organization directly or, as appropriate,
through the relevant regional organization or arrangements with the
information referred to in paragraph (1)(b) and (c).

(3) When the severity of such oil pollution incident so justifies, other
States affected by it are urged to inform the Organization directly or,
as appropriate, through the relevant regional organizations or
arrangements of their assessment of the extent of the threat to their
interests and any action taken or intended.

(4) Parties should use, in so far as practicable, the oil pollution
reporting system developed by the Organization when exchanging
information and communicating with other States and with the
Organization.