1970-09-22 | BWBV0004451 | Verdrag betreffende de Internationale Hydrografische Organisatie
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@ -16,137 +16,90 @@ There is hereby established an International Hydrographic Organisation, hereinaf
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### Artikel II
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The Organization shall have a consultative and technical nature. It shall be the object of the Organization:
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The Organisation shall have a consultative and purely technical nature. It shall be the object of the Organisation to bring about:
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- (a) To promote the use of hydrography for the safety of navigation and all other marine purposes and to raise global awareness of the importance of hydrography;
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- (b) To improve global coverage, availability and quality of hydrographic data, information, products and services and to facilitate access to such data, information, products and services;
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- (c) To improve global hydrographic capability, capacity, training, science and techniques;
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- (d) To establish and enhance the development of international standards for hydrographic data, information, products, services and techniques and to achieve the greatest possible uniformity in the use of these standards;
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- (e) To give authoritative and timely guidance on all hydrographic matters to States and international organizations;
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- (f) To facilitate coordination of hydrographic activities among the Member States; and
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- (g) To enhance cooperation on hydrographic activities among States on a regional basis.
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(a) The coordination of the activities of national hydrographic offices;
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(b) The greatest possible uniformity in nautical charts and documents;
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(c) The adoption of reliable and efficient methods of carrying out and exploiting hydrographic surveys;
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(d) The development of the sciences in the field of hydrography and the techniques employed in descriptive oceanography.
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### Artikel III
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The Member States of the Organization are the States Parties to this Convention.
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The Members of the Organisation are the Governments Parties to this Convention.
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### Artikel IV
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The Organization shall comprise:
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The Organisation shall comprise:
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- (a) The Assembly;
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- (b) The Council;
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- (c) The Finance Committee;
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- (d) The Secretariat; and
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- (e) Any subsidiary organs.
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- The International Hydrographic Conference, hereinafter referred to as the Conference;
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- The International Hydrographic Bureau, hereinafter referred to as the Bureau, administered by the Directing Committee.
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### Artikel V
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**(a).** The Assembly is the principal organ and shall have all the powers of the Organization unless otherwise regulated by the Convention or delegated by the Assembly to other organs.
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The functions of the Conference shall be:
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**(b).** The Assembly shall be composed of all Member States.
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**(c).** The Assembly shall meet in ordinary session every three years. Extraordinary sessions of the Assembly may be held at the request of a Member State or of the Council or of the Secretary-General, subject to the approval of the majority of the Member States.
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**(d).** majority of the Member States shall constitute a quorum for the meetings of the Assembly.
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**(e).**
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The functions of the Assembly shall be to:
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- (i) Elect its Chair and Vice-Chair;
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- (ii) Determine its own rules of procedure and those of the Council, the Finance Committee and any subsidiary organ of the Organization;
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- (iii) In accordance with the General Regulations, elect the Secretary-General and the Directors and determine the terms and conditions of their service;
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- (iv) Establish subsidiary organs;
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- (v) Decide the overall policy, strategy and work programme of the Organization;
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- (vi) Consider reports put to it by the Council;
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- (vii) Consider the observations and recommendations put to it by any Member State, the Council or the Secretary-General;
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- (viii) Decide on any proposals put to it by any Member State, the Council or the Secretary-General;
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- (ix) Review the expenditures, approve the accounts and determine the financial arrangements of the Organization;
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- (x) Approve the three-year budget of the Organization;
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- (xi) Decide on operational services;
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- (xii) Decide on any other matters within the scope of the Organization; and
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- (xiii) Delegate, where appropriate and necessary, responsibilities to the Council.
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(a) To give general directives on the functioning and work of the Organisation;
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(b) To elect the members of the Directing Committee and its President;
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(c) To examine the reports submitted to it by the Bureau;
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(d) To make decisions in respect of all proposals of a technical or administrative nature submitted by the Member Governments or by the Bureau;
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(e) To approve the budget by a majority of two thirds of the Member Governments represented at the Conference;
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(f) To adopt, by a two thirds majority of the Member Governments, amendments to the General Regulations and Financial Regulations;
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(g) To adopt, by the majority prescribed in the preceding paragraph, any other particular regulations that may prove to be necessary, notably on the status of the directors and staff of the Bureau.
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### Artikel VI
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**(a).** One-fourth of, but not less than thirty, Member States shall take seats in the Council, the first two-thirds of whom shall take their seats on a regional basis and the remaining one-third on the basis of hydrographic interests, which shall be defined in the General Regulations.
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**1.** The Conference shall be composed of representatives of the Member Governments. It shall meet in ordinary session every five years. An extraordinary session of the Conference may be held at the request of a Member Government or of the Bureau, subject to approval by the majority of the Member Governments.
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**(b).** The principles for the composition of the Council shall be laid down in the General Regulations.
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**2.** The Conference shall be convened by the Bureau on at least six months notice. A provisional agenda shall be submitted with the notice.
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**(c).** Members of the Council shall hold office until the end of the next ordinary session of the Assembly.
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**3.** The Conference shall elect its President and Vice-President.
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**(d).** Two-thirds of the members of the Council shall constitute a quorum.
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**4.** Each Member Government shall have one vote. However, for the voting on the questions referred to in Article V (b), each Member Government shall have a number of votes determined by a scale established in relation to the tonnage of its fleets.
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**(e).** The Council shall meet at least once a year.
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**5.** Conference decisions shall be taken by a simple majority of the Member Governments represented at the Conference, except where this Convention provides otherwise. When voting for or against is evenly divided, the President of the Conference shall be empowered to make a decision. In the case of resolutions to be inserted in the Repertory of Technical Resolutions, the majority shall in any event include the affirmative votes of not less than one third of the Member Governments.
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**(f).** Member States not being members of the Council may participate in Council meetings but shall not be entitled to vote.
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**6.** Between sessions of the Conference the Bureau may consult the Member Governments by correspondence on questions concerning the technical functioning of the Organisation. The voting procedure shall conform to that provided for in paragraph 5 of this Article, the majority being calculated in this case on the basis of the total membership of the Organisation.
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**(g).**
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The functions of the Council shall be to:
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- (i) Elect its Chair and Vice-Chair, each of whom shall hold office until the end of the next ordinary session of the Assembly;
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- (ii) Exercise such responsibilities as may be delegated to it by the Assembly;
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- (iii) Co-ordinate, during the inter-Assembly period, the activities of the Organization within the framework of the strategy, work programme and financial arrangements, as decided by the Assembly;
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- (iv) Report to the Assembly at each ordinary session on the work of the Organization;
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- (v) Prepare, with the support of the Secretary-General, proposals concerning the overall strategy and the work programme to be adopted by the Assembly;
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- (vi) Consider the financial statements and budget estimates prepared by the Secretary-General and submit them for approval to the Assembly with comments and recommendations regarding programmatic allocations of the budget estimates;
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- (vii) Review proposals submitted to it by subsidiary organs and refer them:
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- To the Assembly for all matters requiring decisions by the Assembly;
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- Back to the subsidiary organ if considered necessary; or
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- To the Member States for adoption, through correspondence;
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- (viii) Propose to the Assembly the establishment of subsidiary organs; and
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- (ix) Review draft agreements between the Organization and other organizations, and submit them to the Assembly for approval.
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**7.** The Conference shall constitute its own Committees, including the Finance Committee referred to in Article VII.
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### Artikel VII
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**(a).** The Finance Committee shall be open to all Member States. Each Member State shall have one vote.
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**1.** The supervision of the financial administration of the Organisation shall be exercised by a Finance Committee on which each Member Government may be represented by one delegate.
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**(b).** The Finance Committee shall normally be convened in conjunction with each ordinary session of the Assembly and may convene additional meetings as appropriate.
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**(c).** The functions of the Finance Committee shall be to review the financial statements, budget estimates and reports on administrative matters prepared by the Secretary-General and to present its observations and recommendations thereon to the Assembly.
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**(d).** The Finance Committee shall elect its Chair and Vice-Chair.
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**2.** The Committee shall meet during sessions of the Conference. It may meet in extraordinary session.
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### Artikel VIII
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**(a).** The Secretariat shall comprise a Secretary-General, Directors and such other personnel as the Organization may require.
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For the fulfilment of the objects defined in Article II it shall be the responsibility of the Bureau, in particular:
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**(b).** The Secretary-General shall maintain all such records as may be necessary for the efficient discharge of the work of the Organization and shall prepare, collect, and circulate any documentation that may be required.
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**(c).** The Secretary-General shall be the chief administrative officer of the Organization.
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**(d).**
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The Secretary-General shall:
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- (i) Prepare and submit to the Finance Committee and the Council the financial statements for each year and budget estimates on a three-year basis, with the estimates for each year shown separately; and
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- (ii) Keep Member States informed with respect to the activities of the Organization.
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**(e).** The Secretary-General shall perform such other tasks as may be assigned by the Convention, the Assembly or the Council.
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**(f).** In the performance of their duties, the Secretary-General, the Directors and the personnel shall not seek or receive instructions from any Member State or from any authority external to the Organization. They shall refrain from any action that may be incompatible with their positions as international officials. Each Member State on its part undertakes to respect the exclusively international character of the responsibilities of the Secretary-General, the Directors and the personnel and not seek to influence them in the discharge of their responsibilities
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(a) To bring about a close and permanent association between national hydrographic offices;
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(b) To study any matters relating to hydrography and the allied sciences and techniques, and to collect the necessary papers;
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(c) To further the exchange of nautical charts and documents between hydrographic offices of Member Governments;
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(d) To circulate the appropriate documents;
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(e) To tender guidance and advice upon request, in particular to countries engaged in setting up or expanding their hydrographic service;
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(f) To encourage coordination of hydrographic surveys with relevant oceanographic activities;
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(g) To extend and facilitate the application of oceanographic knowledge for the benefit of navigators;
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(h) To cooperate with international organisations and scientific institutions which have related objectives.
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### Artikel IX
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Where decisions cannot be reached by consensus, the following provisions shall apply:
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- (a) Except as otherwise provided in this Convention, each Member State shall have one vote.
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- (b) For the election of the Secretary-General and the Directors, each Member State shall have a number of votes determined by a scale established in relation to the tonnage of their fleets.
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- (c) Except as otherwise provided in this Convention, decisions shall be taken by a simple majority of Member States present and voting, and if the votes are tied the Chair shall decide.
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- (d) Decisions taken on matters related to the policy or finances of the Organization, including amendments to the General and Financial Regulations, shall be taken by a two-thirds majority of Member States present and voting.
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- (e) With respect to subparagraphs (c) and (d) of this Article and subparagraph (b) of Article XXI below, the phrase “Member States present and voting” means Member States present and casting an affirmative or negative vote. Member States that abstain from voting shall be considered as not voting.
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- (f) In the case of a submission to Member States in accordance with Article VI (g) (vii), the decision shall be taken by a majority of the Member States who cast a vote, with the minimum number of affirmative votes being at least one-third of all Member States.
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The Bureau shall be composed of the Directing Committee and the technical and administrative staff required by the Organisation.
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### Artikel X
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In relation to matters within its scope, the Organization may cooperate with international organizations whose interests and activities are related to the purpose of the Organization.
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**1.** The Directing Committee shall administer the Bureau in accordance with the provisions of this Convention and the Regulations and with directives given by the Conference.
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**2.**
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The Directing Committee shall be composed of three members of different nationality elected by the Conference, which shall further elect one of them to fill the office of President of the Committee. The term of office of the Directing Committee shall be five years.
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If a post of director falls vacant during the period between two Conferences, a by-election may be held by correspondence as provided for in the General Regulations.
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**3.** The President of the Directing Committee shall represent the Organisation.
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### Artikel XI
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The functioning of the Organization shall be set forth in detail in the General and Financial Regulations, which are annexed to this Convention but do not form an integral part thereof. In the event of any inconsistency between this Convention and the General or Financial Regulations, this Convention shall prevail.
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The functioning of the Organisation shall be set forth in detail in the General Regulations and Financial Regulations, which are annexed to this Convention but do not form an integral part thereof.
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### Artikel XII
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@ -154,41 +107,26 @@ The official languages of the Organisation shall be English and French.
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### Artikel XIII
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The Organization shall have legal personality. In the territory of each of its Member States it shall enjoy, subject to agreement with the Member State concerned, such privileges and immunities as may be necessary for the exercise of its functions and the fulfilment of its object.
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The Organisation shall have juridical personality. In the territory of each of its Members it shall enjoy, subject to agreement with the Member Government concerned, such privileges and immunities as may be necessary for the exercise of its functions and the fulfilment of its object.
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### Artikel XIV
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The expenses necessary for the functioning of the Organisation shall be met:
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(a) From the ordinary annual contributions of Member States in accordance with a scale based on the tonnage of their fleets;
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(b) From donations, bequests, subventions and other sources, with the approval of the Assembly.
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(a) From the ordinary annual contributions of Member Governments in accordance with a scale based on the tonnage of their fleets;
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(b) From donations, bequests, subventions and other sources, with the approval of the Finance Committee.
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### Artikel XV
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Any Member State which is two years in arrears in its contributions shall be denied all voting rights and benefits conferred on Member States by the Convention and the Regulations until such time as the outstanding contributions have been paid.
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Any Member Government which is two years in arrears in its contributions shall be denied all rights and benefits conferred on Member Governments by the Convention and the Regulations until such time as the outstanding contributions have been paid.
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### Artikel XVI
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**(a).** The Government of His Serene Highness the Prince of Monaco shall serve as Depositary.
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**(b).** This original of the Convention shall be held by the Depositary, which shall transmit certified copies of this Convention to all States that have signed it or acceded thereto.
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**(c).**
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The Depositary shall:
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- (i) Inform the Secretary-General and all Member States of applications for accession received by it from States referred to in Article XX (b); and
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- (ii) Inform the Secretary-General and all States which have signed this Convention or acceded thereto of:
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- Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
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- The date of entry into force of this Convention or any amendment thereto; and
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- The deposit of any instrument of denunciation of the Convention, together with the date on which it was received and the date on which the denunciation takes effect.
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As soon as any amendment of this Convention enters into force it shall be published by the Depositary and registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations
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The budget of the Organisation shall be drafted by the Directing Committee, studied by the Finance Committee and approved by the Conference.
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### Artikel XVII
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Any dispute concerning the interpretation or application of this Convention which is not settled by negotiation or by the good offices of the Secretary-General of the Organization shall, at the request of one of the parties to the dispute, be referred to an arbitrator designated by the President of the International Court of Justice.
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Any dispute concerning the interpretation or application of this Convention which is not settled by negotiation or by the good offices of the Directing Committee shall, at the request of one of the parties to the dispute, be referred to an arbitrator designated by the President of the International Court of Justice.
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### Artikel XVIII
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@ -213,21 +151,21 @@ The Governments referred to in paragraph 1 above may become Parties to the prese
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### Artikel XX
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**(a).** This Convention shall be open for accession by any State that is a member of the United Nations. The Convention shall enter into force for such a State on the date on which it has deposited its instrument of accession with the Depositary, which shall inform the Secretary-General and all Member States.
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**(b).** A State that is not a member of the United Nations may only accede to this Convention by applying to the Depositary, and by having its application approved by two-thirds of the Member States. The Convention shall enter into force for such a State on the date on which it has deposited its instrument of accession with the Depositary, which shall inform the Secretary-General and all Member States.
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After it has entered into force this Convention shall be open for accession by the Government of any maritime state which applies to the Government of the Principality of Monaco specifying the tonnage of its fleets, and whose admission is approved by two thirds of the Member Governments. Such approval shall be notified by the Government of the Principality of Monaco to the Government concerned. The Convention shall enter into force for that Government on the date on which it has deposited its instrument of accession with the Government of the Principality of Monaco which shall inform the Member Governments and the President of the Directing Committee.
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### Artikel XXI
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**(a).** Any Member State may propose amendments to this Convention. Proposals of amendments shall be transmitted to the Secretary-General not less than six months prior to the next session of the Assembly.
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**1.** Any Contracting Party may propose amendments to this Convention.
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**(b).** Proposals of amendments shall be considered by the Assembly and decided upon by a majority of two-thirds of the Member States present and voting. When a proposed amendment has been approved by the Assembly, the Secretary-General of the Organization shall request the Depositary to submit it to all Member States.
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**2.** Proposals of amendment shall be considered by the Conference and decided upon by a majority of two thirds of the Member Governments represented at the Conference. When a proposed amendment has been approved by the Conference, the President of the Directing Committee shall request the Government of the Principality of Monaco to submit it to all Contracting Parties.
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**(c).** The amendment shall enter into force for all Member States three months after notifications of consent to be bound by two-thirds of the Member States have been received by the Depositary.
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**3.** The amendment shall enter into force for all Contracting Parties three months after notifications of approval by two thirds of the Contracting Parties have been received by the Government of the Principality of Monaco. The latter shall inform the Contracting Parties and the President of the Directing Committee of the fact, specifying the date of entry into force of the amendment.
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### Artikel XXII
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Upon expiration of a period of five years after its entry into force, this Convention may be denounced by any Contracting Party by giving at least one year’s notice, in a notification addressed to the Depositary. The denunciation shall take effect upon 1 January next following the expiration of the notice and shall involve the abandonment by the State concerned of all rights and benefits of membership in the Organization.
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**1.** Upon expiration of a period of five years after its entry into force, this Convention may be denounced by any Contracting Party by giving at least one year's notice, in a notification addressed to the Government of the Principality of Monaco. The denunciation shall take effect upon 1 January next following the expiration of the notice and shall involve the abandonment by the Government concerned of all rights and benefits of membership in the Organisation.
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**2.** The Government of the Principality of Monaco shall inform the Contracting Parties and the President of the Directing Committee of any notification of denunciation it receives.
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### Artikel XXIII
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