i-law

The Ratification of Maritime Conventions

Chapter I.3.135

(WEST AND CENTRAL AFRICAN MOU) MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE WEST AND CENTRAL AFRICAN REGION, 1999

ADOPTED: Done at Abuja on 22 October 1999
REFERENCE: WEST AND CENTRAL AFRICAN MOU
ENTERED INTO FORCE: Entered into force only for those who have ratified
DEPOSITARY: Secretariat, West and Central African MOU
SECRETARY: Secretariat, West and Central African MOU

IMPLEMENTATION

Section X

SIGNATURE AND ACCESSION

10.2 A Maritime Authority of a State, which complies with the criteria specified in Annex 9, may adhere to the Memorandum with the consent of all Authorities which have accepted the Memorandum.

10.3 The Memorandum remains open for signature to West and Central African States for twelve (12) months at the MOWCA headquarters. After this date, States will be able to accede to the Memorandum if they meet those requirements which are laid down in Annex 9.

10.4 Acceptance or accession will be effected by a written communication by the Maritime Authorities to the Secretariat.

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.

ENTRY INTO FORCE

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

WITHDRAWAL

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

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 the Authorities present and voting in the Committee.

If so adopted an amendment will be communicated by the Secretariat to the Authorities for acceptance.

9.3 The amendments of section 2.1 are adopted by two-thirds of the representatives of the Authorities present and voting which are party to the new Convention proposed for inclusion as “relevant instrument”.

9.4 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 other 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.

9.5 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.

9.6 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 by the Authorities.
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