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(a) Any amendment proposed in accordance with this paragraph shall
be considered by the Facilitation Committee of the Organization, provided
that it has been circulated at least three months prior to the meeting of
this Committee. If adopted by two thirds of the Contracting Governments
present and voting in the Committee, the amendment shall be communicatedto all Contracting Governments by the Secretary-General.
(b) Any amendment to the Annex under this paragraph shall enter
into force fifteen months after communication of the proposal to all
Contracting Governments by the Secretary-General unless within twelve
months after the communication at least one third of Contracting
Governments have notified the Secretary-General in writing that they do
not accept the proposal.
(c) The Secretary-General shall inform all Contracting Governments
of any notification received under subparagraph (b) and of the date of
entry into force.
(d) Contracting Governments which do not accept an amendment are
not bound by that amendment but shall follow the procedure laid down in
article VIII of the present Convention.
(3) A conference of the Contracting Governments to consider amendments
to the Annex shall be convened by the Secretary-General upon the requestof at least one third of these Governments. Every amendment adopted by
such conference by a two-thirds majority of the Contracting Governments
present and voting shall enter into force six months after the date on
which the Secretary-General notifies the Contracting Governments of the
amendment adopted.
(4) The Secretary-General shall notify promptly all signatory
Governments of the adoption and entry into force of any amendment under
this article.
Article VIII*
[* The text of notifications received from Contracting Governments in
compliance with this article is reproduced in appendix 4.]
(1) Any Contracting Government that finds it impracticable to comply
with any Standard by bringing its own formalities, documentary
requirements or procedures into full accord with it or which deems it
necessary for special reasons to adopt formalities, documentary
requirements or procedures differing from that Standard, shall so informthe Secretary-General and notify him of the differences between its own
practice and such Standard. Such notification shall be made as soon as
possible after entry into force of the present Convention for the
Government concerned, or after the adoption of such differing formalities,
documentary requirements or procedures.
(2) Notification by a Contracting Government of any such difference in
the case of an amendment to a Standard or of a newly adopted Standard
shall be made to the Secretary-General as soon as possible after the entry
into force of such amended or newly adopted Standard, or after the
adoption of such differing formalities, documentary requirements or
procedures and may include an indication of the action proposed to bringthe formalities, documentary requirements or procedures into full accordwith the amended or newly adopted Standard.
(3) Contracting Governments are urged to bring their formalities,
documentary requirements and procedures into accord with the RecommendedPractices in so far as practicable. As soon as any Contracting Government
brings its own formalities, documentary requirements and procedures intoaccord with any Recommended Practice, it shall notify the
Secretary-General thereof.
(4) The Secretary-General shall inform the Contracting Governments of
any notification made to him in accordance with the preceding paragraphsof this article.
Article IX
The Secretary-General shall convene a conference of the Contracting
Governments for revision or amendment of the present Convention at the
request of not less than one third of the Contracting Governments. Any
revision or amendments shall be adopted by a two-thirds majority vote ofthe Conference and then certified and communicated by the
Secretary-General to all Contracting Governments for their acceptance. One
year after the acceptance of the revision or amendments by two thirds ofthe Contracting Governments, each revision or amendment shall enter intoforce for all Contracting Governments except those which, before its entry
into force, make a declaration that they do not accept the revision or
amendment. The Conference may by a two-thirds majority vote determine atthe time of its adoption that a revision or amendment is of such a nature
that any Contracting Government which has made such a declaration and
which does not accept the revision or amendment within a period of one
year after the revision or amendment enters into force shall, upon the
expiration of this period, cease to be a Party to the Convention.
Article X
(1) The present Convention shall remain open for signature for six
months from this day''s date and shall thereafter remain open for
accession.
(2) The Governments of States Members of the United Nations, or of any
of the specialized agencies, or the International Atomic Energy Agency, or
Parties to the Statute of the International Court of Justice may become
Parties to the present Convention by:
(a) signature without reservation as to acceptance;
(b) signature with reservation as to acceptance followed by
acceptance; or
(c) accession.
Acceptance or accession shall be effected by the deposit of an
instrument with the Secretary-General.
(3) The Government of any State not entitled to become a Party under
paragraph 2 of this article may apply through the Secretary-General to
become a Party and shall be admitted as a Party in accordance with
paragraph 2, provided that its application has been approved by two thirds
of the Members of the Organization other than Associate Members.
Article XI
The present Convention shall enter into force 60 days after the date
upon which the Governments of at least ten States have either signed it
without reservation as to acceptance or have deposited instruments of
acceptance or accession. It shall enter into force for a Government which
subsequently accepts it or accedes to it 60 days after the deposit of the
instrument of acceptance or accession.
Article XII
Three years after entry into force of the present Convention with
respect to a Contracting Government, such Government may denounce it bynotification in writing addressed to the Secretary-General who shall
notify all Contracting Governments of the content and date of receipt ofany such notification. Such denunciation shall take effect one year, or
such longer period as may be specified in the notification, after its
receipt by the Secretary-General.
Article XIII
(1) (a) The United Nations in cases where they are the administering
authority for a territory, or any Contracting Government responsible for
the international relations of a territory, shall as soon as possible
consult with such territory in an endeavour to extend the present
Convention to that territory, and may at any time by notification in
writing given to the Secretary-General declare that the Convention shallextend to such territory.
(b) The present Convention shall from the date of the receipt of
the notification or from such other date as may be specified in the
notification extend to the territory named therein.
(c) The provisions of article VIII of the present Convention shall
apply to any territory to which the Convention is extended in accordancewith the present article; for this purpose, the expression "its own
formalities, documentary requirements or procedures" shall include thosein force in that territory.
(d) The present Convention shall cease to extend to any territory
one year after the receipt by the Secretary-General of a notification tothis effect, or on such later date as may be specified therein.
(2) The Secretary-General shall inform all the Contracting Governments
of the extension of the present Convention to any territory under
paragraph 1 of this article, stating in each case the date from which the
Convention has been so extended.
Article XIV
The Secretary-General shall inform all signatory Governments, all
Contracting Governments and all Members of the Organization of:
(a) the signatures affixed to the present Convention and the dates
thereof;
(b) the deposit of instruments of acceptance and accession
together with the dates of their deposit;
(c) the date on which the Convention enters into force in
accordance with article XI;
(d) any notification received in accordance with articles XII and
XIII and the date thereof;
(e) the convening of any conference under articles VII or IX.
Article XV
The present Convention and its Annex shall be deposited with the
Secretary-General who shall transmit certified copies thereof to signatory
Governments and to acceding Governments. As soon as the present Convention
enters into force, it shall be registered by the Secretary-General in
accordance with Article 102 of the Charter of the United Nations.
Article XVI
The present Convention and its Annex shall be established in the
English and French languages, both texts being equally authentic.
Official translations shall be prepared in the Russian and Spanish
languages and shall be deposited with signed originals.
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments for that purpose have signed the present Convention
*.
[* Signatures omitted.]
DONE at London this ninth day of April 1965.
Annex
Section 1-Definitions and general provisions
A. Definitions
For the purpose of the provisions of this Annex, the following
meanings shall be attributed to the terms listed:
Cargo. Any goods, wares, merchandise, and articles of every kind
whatsoever carried on a ship, other than mail, ship''s stores, ship''s spare
parts, ship''s equipment, crew''s effects and passengers'' accompanied
baggage.
Crew''s effects. Clothing, items in everyday use and other articles,
which may include currency, belonging to the crew and carried on the
ship.
Crew member. Any person actually employed for duties on board during a
voyage in the working or service of a ship and included in the crew list.
Cruise ship. A ship on an international voyage carrying passengers
participating in a group programme and accommodated aboard, for the
purpose of making scheduled temporary tourist visits at one or more
different ports, and which during the voyage does not normally:
(a) embark or disembark any other passengers;
(b) load or discharge any cargo.
Document. Data carrier with data entries.
Data carrier. Medium designed to carry records of data entries.
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