Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993
Held at the Palais des Nations, Geneva, from 19 April to 6 May 1993
The States Parties to this Convention,
Conscious of the need to improve conditions for ship financing and the development of national merchant fleets,
Recognizing the desirability of international uniformity in the field of maritime liens and mortgages, and therefore
Convinced of the necessity for an international legal instrument governing maritime liens and mortgages,
Have decided to conclude a Convention for this purpose and have therefore agreed as follows:
Article 1 - Recognition and enforcement of mortgages, "hypotheques" and charges
Mortgages, "hypotheques" and registrable charges of the same nature, which registrable charges of the same nature will be referred to hereinafter as "charges" effected on seagoing vessels shall be recognized and enforceable in States Parties provided that:
The ranking of registered mortgages, "hypotheques" or charges as between themselves and, without prejudice to the provisions of this Convention, their effect in regard to third parties shall be determined by the law of the State of registration; however, without prejudice to the provisions of this Convention, all matters relating to the procedure of enforcement shall be regulated by the law of the State where enforcement takes place.
Article 3 - Change of ownership or registration
1 . With the exception of the cases provided for in articles 11 and 12, in all other cases that entail the deregistration of the vessel from the register of a State Party, such State Party shall not permit the owner to deregister the vessel unless all registered mortgages, "hypotheques" or charges are previously deleted or the written consent of all holders of such mortgages, "hypotheques" or charges is obtained. However, where the deregistration of the vessel is obligatory in accordance with the law of a State Party, otherwise than as a result of a voluntary sale, the holders of registered mortgages, "hypotheques" or charges shall be notified of the pending deregistration in order to enable such holders to take appropriate action to protect their interests; unless the holders consent, the deregistration shall not be implemented earlier than after a lapse of a reasonable period of time which shall be not less than three months after the relevant notification to such holders.
2 . Without prejudice to article 12, paragraph 5, a vessel which is or has been registered in a State Party shall not be eligible for registration in another State Party unless either:
1 . Each of the following claims against the owner, demise charterer, manager or operator of the vessel shall be secured by a maritime lien on the vessel:
1 . The maritime liens set out in article 4 shall take priority over registered mortgages, "hypotheques" and charges, and no other claim shall take priority over such maritime liens or over such mortgages, "hypotheques" or charges which comply with the requirements of article 1, except as provided in paragraphs 3 and 4 of article 12.
2 . The maritime liens set out in article 4 shall rank in the order listed, provided however that maritime liens securing claims for reward for the salvage of the vessel shall take priority over all other maritime liens which have attached to the vessel prior to the time when the operations giving rise to the said liens were performed.
3 . The maritime liens set out in each of subparagraphs (a), (b), (d) and (e) of paragraph 1 of article 4 shall rank pari passu as between themselves.
4 . The maritime liens securing claims for reward for the salvage of the vessel shall rank in the inverse order of the time when the claims secured thereby accrued. Such claims shall be deemed to have accrued on the date on which each salvage operation was terminated.
Article 6 - Other maritime liens
Each State Party may, under its law, grant other maritime liens on a vessel to secure claims other than those referred to in article 4, against the owner, demise charterer, manager or operator of the vessel, provided that such liens:
1 . Each State Party may grant under its law a right of retention in respect of a vessel in the possession of either:
Article 8 - Characteristics of maritime liens
Subject to the provisions of article 12, the maritime liens follow the vessel, notwithstanding any change of ownership or of registration or of flag.
Article 9 - Extinction of maritime liens because of time
1 . The maritime liens set out in article 4 shall be extinguished after a period of one year unless, prior to the expiry of such period, the vessel has been arrested or seized, such arrest or seizure leading to a forced sale.
2 . The one-year period referred to in paragraph 1 shall commence:
Article 10 - Assignment and subrogation
1 . The assignment of or subrogation to a claim secured by a maritime lien entails the simultaneous assignment of or subrogation to such a maritime lien.
2 . Claimants holding maritime liens may not be subrogated to the compensation payable to the owner of the vessel under an insurance contract.
Article 11 - Notice of forced sale
1 . Prior to the forced sale of a vessel in a State Party, the competent authority in such State Party shall ensure that notice in accordance with this article is provided to:
3 . The notice specified in paragraph 2 of this article shall be in writing and either given by registered mail, or given by any electronic or other appropriate means which provide confirmation of receipt, to the persons interested as specified in paragraph 1, if known. In addition, the notice shall be given by press announcement in the State where the forced sale is conducted and, if deemed appropriate by the authority conducting the forced sale, in other publications.
Article 12 - Effects of forced sale
1 . In the event of the forced sale of the vessel in a State Party, all registered mortgages, "hypotheques" or charges, except those assumed by the purchaser with the consent of the holders, and all liens and other encumbrances of whatsoever nature, shall cease to attach to the vessel, provided that:
3 . A State Party may provide in its law that in the event of the forced, sale of a stranded or sunken vessel following its removal by a public authority in the interest of sate navigation or the protection of the marine environment, the costs of such removal shall be paid out of the proceeds of the sales, before all other claims secured by a maritime lien on the vessel.
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 Party in which the sale takes place enjoys a right of retention, such shipbuilder or shiprepairer must surrender possession of the vessel to the purchaser but is entitled to obtain satisfaction of his claim out of the proceeds of sale after the satisfaction of the claims of holders of maritime liens mentioned in article 4.
5 . When a vessel registered in a State Party has been the object 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 the vessel is sold free of all registered mortgages, "hypotheques" or charges, except those assumed by the purchaser, and of all liens and other encumbrances, provided that the requirements set out in paragraph 1 (a) and (b) have been complied with. Upon production of such certificate, the registrar shall be bound to delete all registered mortgages, "hypotheques" or charges except those assumed by the purchaser, and to register the vessel in the name of the purchaser or to issue a certificate of deregistration for the purpose of new registration, as the case may be.
6 . States Parties shall ensure that any proceeds of a forced sale are actually available and freely transferable.
Article 13 - Scope of application
1 . Unless otherwise provided in this Convention, its provisions shall apply to all seagoing vessels registered in a State Party or in a State which is not a State Party, provided that the latter's vessels are subject to the jurisdiction of the State Party.
2 . Nothing in this Convention shall create any rights in, or enable any rights to be enforced against, any vessel owned or operated by a State and used only on Government non-commercial service.
Article 14 - Communication between States Parties
For the purpose of articles 3, 11 and 12, the competent authorities of the States Parties shall be authorized to correspond directly between themselves.
Article 15 - Conflict of conventions
Nothing in this Convention shall affect the application of any international convention providing for limitation of liability or of national legislation giving effect thereto.
Article 16 - Temporary change of flag
If a se seagoing vessel registered in one State is permitted to fly temporarily the flag of another State, the following shall apply:
This Convention shall be deposited with the Secretary-General of the United Nations.
Article 18 - Signature, ratification, acceptance, approval and accession
1 . This Convention shall be open for signature by any State at the Headquarters of the United Nations, New York, from 1 September 1993 to 31 August 1994 and shall thereafter remain open for accession.
2 . States may express their consent to be bound by this Convention by:
Article 19 - Entry into force
1 . This Convention shall enter into force 6 months following the date on which 10 States have expressed their consent to be bound by it.
2 . For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect 3 months after the date of expression of such consent.
Article 20 - Revision and amendment
1 . A conference of States Parties for the purpose of revising or amending this Convention shall be convened by the Secretary-General of the United Nations at the request of one-third of the States Parties.
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 the Convention. as amended
Article 21 - Denunciation
1 . This Convention may be denounced by any State Party at any time after the date on which this Convention enters into force for that State.
2 . Denunciation shall be effected by the deposit of an instrument of denunciation with the depositary.
3 . A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the depositary.
Article 22 - Languages
This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
DONE AT Geneva this sixth day of May, one thousand nine hundred and ninety-three.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.
Annex - International Convention on Maritime Liens and Mortgages, 1993
On the Final Act of the United Nations / International Maritime Organization Conference of Plenipotentiaries on a Convention on Maritime Liens and Mortgages
1 . The General Assembly of the United Nations, by resolution 46/213 of 20 December 1991, decided that a United Nations/International Maritime Organization Conference of Plenipotentiaries on a Convention on Maritime Liens and Mortgages should be convened in order to consider a draft convention and to embody the results of its work in a convention on maritime liens and mortgages.
2 . The United Nations/International Maritime Organization Conference of Plenipotentiaries on a Convention on Maritime Liens and Mortgages, was convened at Geneva from 19 April to 6 May 1993.
3 . Representatives from the following States participated in the Conference: Algeria, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, China, Colombia, Côte d'Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Denmark, Egypt, Finland, France, Gabon, Germany, Ghana, Greece, Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Italy, Japan, Kenya, Kuwait, Latvia, Liberia, Madagascar, Mauritius, Mexico, Morocco, Netherlands, Nigeria, Norway, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Russian Federation, Senegal, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, Tunisia, Turkey, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, Venezuela.
4 . Hong Kong, an associate member of the International Maritime Organization, was represented by an observer.
5 . The following specialized agencies were represented by an observer: International Labour Organisation, World Meteorological Organization.
6 . The following intergovernmental organizations were represented by an observer: European Economic Community, League of Arab States, Organization for Economic Cooperation and Development, Organization of African Unity.
7 . The following non-governmental organizations were represented by an observer: Association of African Shipping Lines, Baltic and International Maritime Council, Iberoamerican Institute of Maritime Law, International Association of Ports and Harbours, International Chamber of Commerce, International Chamber of Shipping, International Confederation of Free Trade Unions, International Maritime Committee, International Ship Suppliers Association, Latin American Association of Navigational Law and Law of the Sea.
8 . The following committees were established by the Conference:
General Committee President: Mr. Walter Müller (Switzerland) Vice-Presidents: Brazil, Canada, China, Denmark, Indonesia, Liberia and Poland. Chairman of the Main Committee: Mr. G.G. Ivanov (Russian Federation) Rapporteur-General: Mr. Domingo Nicolas Rotondaro (Argentina).
Chairman: Mr. G.G. Ivanov (Russian Federation) Vice-Chairman-cum-Rapporteur: Mr. J.E. de Boer (Netherlands)
Chairman: Mrs. B. Czerwenka (Germany) Core membership: Algeria, Argentina, China, Côte d'Ivoire, Egypt, France, Germany, Indonesia, Mexico, Nigeria, Norway, Poland, Spain, Russian Federation, United Kingdom of Great Britain and Northern Ireland, United States of America.
Chairman: Mr. Daniel D.C. Don Nanjira (Kenya) Members: Argentina, Australia, China, Ghana, India, Kenya, Russian Federation, United States of America and Venezuela.
9 . The secretariat of the Conference included the following officers: Secretary-General of UNCTAD, Mr. K.K.S. Dadzie; Secretary-General of IMO, Mr. W.A. O'Neil; the Executive Secretary, Mr. A. Bouayad, Director, Services Development Division, UNCTAD, and subsequently Mr. R. Vogel, Deputy Director, UNCTAD; the Deputy Executive Secretary, Mr. E.M. Göransson, Director, Legal Affairs and External Relations Division, IMO; Mrs. Monica N. Mbanefo, Senior Deputy Director, IMO; Mr. Agustin Blanco-Bazan, Senior Legal Officer, IMO; Ms. L. Young, Administrative Officer, IMO; Mr. R. Vigil, Chief, Maritime Legislation Section, UNCTAD; Ms. M. Faghfouri, Legal Affairs Officer, UNCTAD; Mr. Carlos Moreno, Legal Affairs Officer, UNCTAD; Mr. E. Chrispeels, Senior Legal Officer, UNCTAD; Mr. A. Behnam, Secretary of the Conference, UNCTAD.
10 . The Conference had before it, as a basis for its work, the draft articles for a Convention on maritime liens and mortgages , prepared by the Joint UNCTAD/IMO Intergovernmental Group of Experts on Maritime Liens and Mortgages and Related Subjects, and the compilation of comments and proposals by Governments, and by intergovernmental and non-governmental organizations, on the draft convention on maritime liens and mortgages . The Conference adopted its rules of procedure and its agenda .
11 . On the basis of its deliberations as recorded in its report , the Conference established the text of the INTERNATIONAL CONVENTION ON MARITIME LIENS AND MORTGAGES, 1993.
12 . The Conference adopted on 6 May 1993 resolution entitled "The Consideration of a Possible Review of the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-going Ships, 1952".
13 . The text of the Convention was adopted by the Conference on 6 May 1993. The Convention will be open for signature at United Nations Headquarters, New York, from 1 September 1993 to and including 31 August 1994.
Done at Geneva, on this sixth day of May, one thousand nine hundred and ninetythree, in one original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic. The original of the Final Act shall be deposited in the archives of the United Nations Secretariat.
W. Müller President of the Conference
K.K.S. Dadzie Secretary-General of UNCTAD
W.A. O'Neil Secretary-General of IMO
R. Vogel Executive Secretary of the Conference
E.M. Göransson Deputy Executive Secretary of the Conference
A. Behnam Secretary of the Conference
E. Chrispeels Senior Legal Officer
IN WITNESS WHEREOF the undersigned representatives have signed this Final Act.
The States whose representatives signed the Final Act are: Algeria, Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Colombia, Côte d'Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Denmark, Egypt, Finland, France, Gabon, Germany, Ghana, Greece, Guinea, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Japan, Kenya, Kuwait, Liberia, Madagascar, Mexico, Morocco, Netherlands, Nigeria, Norway, Panama, Peru, Philippines, Poland, Portugal, Republic of Korea, Russian Federation, Senegal, Spain, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, Tunisia, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Uruguay, and Venezuela.