Section 147p. 147

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 226. Investigation of foreign vessels

1. (a) States shall not delay a foreign vessel longer than is

essential for purposes of the investigations provided for in

articles 216, 218 and 220. Any physical inspection of a

foreign vessel shall be limited to an examination of such

certificates, records or other documents as the vessel is

required to carry by generally accepted international rules

and standards or of any similar documents which it is

carrying; further physical inspection of the vessel may be

undertaken only after such an examination and only

when:

(i) there are clear grounds for believing that the condition

of the vessel or its equipment does not correspond

substantially with the particulars of those documents;

(ii) the contents of such documents are not sufficient to

confirm or verify a suspected violation; or

(iii) the vessel is not carrying valid certificates and records.

(b) If the investigation indicates a violation of applicable

laws and regulations or international rules and standards

for

the

protection

and

preservation

of

the

marine

environment, release shall be made promptly subject to

reasonable

procedures

such

as

bonding

or

other

appropriate financial security.

(c) Without prejudice to applicable international rules and

standards relating to the seaworthiness of vessels, the

release of a vessel may, whenever it would present an

unreasonable

threat

of

damage

to

the

marine

environment,

be

refused

or

made conditional upon

proceeding to the nearest appropriate repair yard. Where

release has been refused or made conditional, the flag

State of the vessel must be promptly notified, and may

seek release of the vessel in accordance with Part XV.

2. States shall cooperate to develop procedures for the

avoidance of unnecessary physical inspection of vessels at

sea.

Article 227. Non-discrimination with respect to foreign

vessels

In exercising their rights and performing their duties

under this Part, States shall not discriminate in form or in

fact against vessels of any other State.

Article 228. Suspension and restrictions on institution of

proceedings

1. Proceedings to impose penalties in respect of any

violation

of

applicable

laws

and

regulations

or

international

rules

and

standards

relating

to

the

prevention,

reduction

and

control

of

pollution from

vessels

committed

by

a

foreign

vessel

beyond

the

territorial sea of the State instituting proceedings shall be

suspended upon the taking of proceedings to impose

penalties in respect of corresponding charges by the flag

State within six months of the date on which proceedings

were first instituted, unless those proceedings relate to a

case of major damage to the coastal State or the flag

State

in

question

has

repeatedly

disregarded

its

obligation

to

enforce

effectively

the

applicable

international rules and standards in respect of violations

committed by its vessels. The flag State shall in due

course make available to the State previously instituting

proceedings a full dossier of the case and the records of

the proceedings, whenever the flag State has requested

the suspension of proceedings in accordance with this

article. When proceedings instituted by the flag State

have

been brought to a conclusion, the suspended

proceedings shall be terminated. Upon payment of costs

incurred in respect of such proceedings, any bond posted

or other financial security provided in connection with

the suspended proceedings shall be released by the

coastal State.

2. Proceedings to impose penalties on foreign vessels

shall not be instituted after the expiry of three years from

the date on which the violation was committed, and shall

not be taken by any State in the event of proceedings

having been instituted by another State subject to the

provisions set out in paragraph 1.

3. The provisions of this article are without prejudice to

the right of the flag State to take any measures, including

proceedings to impose penalties, according to its laws

irrespective of prior proceedings by another State.

Article 229. Institution of civil proceedings

Nothing in this Convention affects the institution of civil

proceedings in respect of any claim for loss or damage

resulting from pollution of the marine environment.

Article 230. Monetary penalties and the observance of

recognized rights of the accused

1. Monetary penalties only may be imposed with respect

to violations of national laws and regulations or applicable

international rules and standards for the prevention,

reduction

and

control

of

pollution

of

the

marine

environment, committed by foreign vessels beyond the

territorial sea.

2. Monetary penalties only may be imposed with respect

to violations of national laws and regulations or applicable

international rules and standards for the prevention,

reduction

and

control

of

pollution

of

the

marine

environment,

committed

by

foreign

vessels

in

the

territorial sea, except in the case of a wilful and serious act

of pollution in the territorial sea.

3. In the conduct of proceedings in respect of such

violations committed by a foreign vessel which may result

in the imposition of penalties, recognized rights of the

accused shall be observed.

Article 231. Notification to the flag State and other States

concerned

States shall promptly notify the flag State and any other

State concerned of any measures taken pursuant to

section 6 against foreign vessels, and shall submit to the

flag State all official reports concerning such measures.

However, with respect to violations committed in the

territorial sea, the foregoing obligations of the coastal

State apply only to such measures as are taken in

proceedings. The diplomatic agents or consular officers

and where possible the maritime authority of the flag

State,

shall

be

immediately

informed

of

any

such

measures taken pursuant to section 6 against foreign

vessels.

Article 232. Liability of States arising from enforcement

measures

States shall be liable for damage or loss attributable to

them arising from measures taken pursuant to section 6

when

such

measures are unlawful or exceed those

reasonably required in the light of available information.

States shall provide for recourse in their courts for actions

in respect of such damage or loss.

Article 233. Safeguards with respect to straits used for

international navigation

Nothing in sections 5, 6 and 7 affects the legal regime of

straits used for international navigation. However, if a

foreign ship other than those referred to in section 10 has

committed

a

violation

of

the

laws

and

regulations

referred to in article 42, paragraph 1(a) and (b), causing or

threatening major damage to the marine environment of

the straits, the States bordering the straits may take

appropriate enforcement measures and if so shall respect

mutatis mutandis the provisions of this section.

SECTION 8. ICE-COVERED AREAS

Article 234. Ice-covered areas

Coastal States have the right to adopt and enforce

non-discriminatory

laws

and

regulations

for

the

prevention, reduction and control of marine pollution

from vessels in ice-covered areas within the limits of the

exclusive

economic

zone,

where

particularly

severe

climatic conditions and the presence of ice covering such

areas

for

most

of

the

year

create

obstructions

or

© Compiled by RGL

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