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II.3.104 (TOKYO MOU 1993) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION, 1993, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.3.104

(TOKYO MOU, 1993) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION, 1993

ADOPTED: Done at Tokyo, 1 December 1993
REFERENCE: TOKYO MOU 1993
ENTERED INTO FORCE: 1 April 1994
DEPOSITARY: Secretariat, Tokyo MOU
SECRETARY: Secretariat, Tokyo MOU

IMPLEMENTATION

SIGNATURE AND ACCESSION

Section VIII.II

Any Maritime Authority may, with the unanimous consent of the Authorities present and voting at the Committee meeting, adhere to the Memorandum. For such an Authority, the Memorandum will take effect upon such date as may be mutually determined.

ENTRY INTO FORCE

Section VIII.VI

The Memorandum will be available for acceptance from 1 April 1994, and will take effect for each Authority, which has signed the Memorandum, on the date its acceptance is duly notified to the Secretariat.

WITHDRAWAL

Section VIII.IV

Any Authority may withdraw from the Memorandum by providing the Committee 60 days notice in writing.

AMENDMENTS

Section VII

7.1 Any Authority that has accepted the Memorandum may propose amendments to the Memorandum.

7.2 In the case of proposed amendments to sections I to VIII of the Memorandum the following procedure will apply:

  • (1) The proposed amendment will be submitted through the Secretariat for consideration by the Committee;
  • (2) Amendments will be adopted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee, each Authority exercising one vote. If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance;
  • (3) An amendment will be deemed to have been accepted either at the end of a period of six months after adoption by the representatives of the Authorities in the Committee or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee at the time of adoption, unless within the relevant period an objection is communicated to the Secretariat by an Authority;
  • (4) Any such objection will be considered by the Committee at its next meeting, and the amendment will be confirmed if it is accepted by a two-thirds majority of the representatives of the Authorities present and voting in the Committee at such a meeting. In these circumstances, a quorum of more than half of the total number of representatives of the Authorities that comprise the Committee is required. In the event that the amendment is confirmed, the date of its deemed acceptance will be either at the end of a period of six months after being confirmed or any different period determined unanimously by the representatives of the Authorities in the Committee after the time of confirmation;
  • (5) An amendment will take effect 60 days after it has been deemed accepted, or at the end of any different period of deemed acceptance as determined unanimously by the representatives of the Authorities in the Committee.

7.3 In the case of proposed amendments to Annexes of the Memorandum the following procedure will apply:

  • (1) The proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
  • (2) The amendment will be deemed to have been accepted at the end of a period of three months from the date on which it has been communicated by the Secretariat unless an Authority requests in writing that the amendment should be considered by the Committee. In the latter case the procedure specified in paragraph 7.2 will apply;
  • (3) The amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the Authorities.

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