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II.3.108 (INDIAN OCEAN MOU) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL FOR THE INDIAN OCEAN REGION, 1998, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.3.108

(INDIAN OCEAN MOU) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL FOR THE INDIAN OCEAN REGION, 1998

ADOPTED: Done at Pretoria, 5 June 1998
REFERENCE: INDIAN OCEAN MOU
ENTERED INTO FORCE: 1 April 1999
DEPOSITARY: Directorate-General of Shipping, India
SECRETARY: Directorate-General of Shipping, India

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Section X

10.1. The Memorandum is without prejudice to the rights and obligations under any international Instrument.

10.2 A Maritime Authority of a State of the Region may accede to the Memorandum provided it complies with the criteria specified in Annex 9.

10.3 Authorities meeting the requirements specified in Annex 9 may become parties to the Memorandum by:

  • (a) signature without any reservations as to acceptance; or
  • (b) signature subject to acceptance, followed by acceptance.

The Memorandum remains open for signature, at the Headquarters of the Secretariat from 5 June 1998 to 22 January 1999.

10.4 Acceptance or accession will be effected by a written communication by each Authority to the Secretariat.

10.5 The Secretariat will inform the Authorities who have signed the Memorandum of any signature or written communication, or of acceptance or accession and of the date on which such an event has taken place.

10.6 This Memorandum will enter into force for each Authority 90 days from the date of acceptance or accession.

10.7 Any Maritime Authority or organisation wishing to participate as an observer will submit in writing an application to the Committee and will be accepted as an observer subject to the unanimous consent of the representatives of the Authorities present and voting at the Committee meeting.

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

10.9 The English text is the official version of the Memorandum.

ENTRY INTO FORCE

Section X

10.6 This Memorandum will enter into force for each Authority 90 days from the date of acceptance or accession.

AMENDMENTS

Section IX

9.1 Any Authority which has accepted the Memorandum may propose amendments to the Memorandum.

9.2 In the case of proposed amendments to sections of the Memorandum, the following procedure will apply:

  • (a) The proposed amendment will be submitted through the Secretariat for consideration at least six weeks before the Committee meets.
  • (b) Amendments will be adopted by a two-thirds majority of the representatives of Authorities participating in the Memorandum. Each Authority is entitled to only one vote. If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance.
  • (c) An amendment so adopted 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.
  • (d) An amendment will take effect 60 days after it has been accepted or at the end of any different period determined unanimously by the representatives of the Authorities in the Committee.

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

  • (a) The proposed amendment will be submitted through the Secretariat for consideration by the Authorities;
  • (b) 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 9.2 will apply;
  • (c) The amendment will take effect 60 days after it has been accepted or at the end of any period determined unanimously by the Authorities.

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