[Senate Treaty Document 104-36]
[From the U.S. Government Publishing Office]
104th Congress Treaty Doc.
SENATE
2d Session 104-36
_______________________________________________________________________
CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, SIGNED AT
GENEVA, MARCH 6, 1948 (IMO CONVENTION)
October 1, 1996.--Convention was read the first time and, together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate.
LETTER OF TRANSMITTAL
----------
The White House, October 1, 1996.
To the Senate of the United States:
I transmit herewith, for the advice and consent of the
Senate to acceptance, amendments to the Convention on the
International Maritime Organization, signed at Geneva, March 6,
1948 (the OMO Convention). The amendments were adopted on
November 7, 1991, and November 4, 1993, by the Assembly of the
International Maritime Organization (IMC) at its seventeenth
and eighteenth sessions. I also transmit, for the information
of the Senate, the report of the Department of State describing
the amendments, their purpose and effect.
The United States is the world's largest user of
international shipping. These amendments strengthen the
International Maritime Organization's capability to facilitate
international maritime traffic and to carry out its activities
in developing strong maritime safety and environmental
protection standards and regulations. The IMO's policies and
maritime standards largely reflect our own. The United States
pays less than 5 percent of the assessed contributions to the
IMO.
The 1991 amendments institutionalize the Facilitation
Committee as one of the IMO's standing committees. The
Facilitation Committee was created to streamline the procedures
for the arrival, stay and departure of ships, cargo and persons
in international ports. This committee effectively contributes
to greater efficiencies and profits for the U.S. maritime
sector, while assisting U.S. law enforcement agencies' efforts
to combat narcotics trafficking and the threat of maritime
terrorism.
The 1993 amendments increase the size of the IMO governing
Council from 32 to 40 members. The United States has always
been a member of the IMO govering Council. Increasing the
Council from 32 to 40 Member States will ensure a more adequate
representation of the interests of the more than 150 Member
States in vital maritime safety and environmental protection
efforts worldwide.
The 1991 amendments institutionalize the Facilitation
Committee as one of the IMO's main committees. The 1993
amendments increase the size of the Council from 32 to 40
members, thereby affording a broader representation of the
increased membership in the IMO's continuing administrative
body.
Support for these amendments will contribute to the
demonstrated interest of the United States in facilitating
cooperation among maritime nations. To that end, I urge that
the Senate give early and favorable consideration to these
amendments and give its advice and consent to their acceptance.
William J. Clinton.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, September 12, 1996.
The President,
The White House.
The President: I have the honor to submit to you two
amendments to the Convention on the International Maritime
Organization, signed at Geneva March 6, 1948, 9 UST 621 (the
IMO Convention). The amendments were adopted on November 7,
1991, and November 4, 1993, by the Assembly of the
International Maritime Organization (IMO) at its seventeenth
and eighteenth sessions. I recommend that these amendments be
transmitted to the Senate for advice and consent to acceptance.
i. the 1991 amendments
The 1991 amendments institutionalize the Facilitation
Committee (FAL Committee) by establishing it as one of the five
standing committees of the IMO. Institutionalization of the FAL
Committee provides States and the shipping industry with a
powerful tool to simplify and harmonize trade and transport
procedures to facilitate the flow of vessels, cargo, passengers
and crews into and out of international gateway ports. These
amendments are also consistent with the spirit and intent of
the Convention on Facilitation of Maritime Traffic, with annex,
done at London, April 9, 1965, 18 UST 411.
The 1991 amendments have three segments.
--First, Articles 11, 15, 21, 56 and 57 of the IMO Convention
are amended to reflect the addition of the FAL
Committee to the existing bodies of the IMO, which
include the Assembly, the Council, the Maritime Safety
Committee, the Marine Environment Protection Committee,
the Legal Committee, the Technical Cooperation
Committee, and the Secretariat.
--Second, these amendments establish a new Part IX, entitled
``The Facilitation Committee''. Part XI contains five
new Articles (47-51):
Article 47 states that the FAL Committee will be open to
all IMO members.
Article 48 provides that the FAL Committee will consider
all IMO matters that are concerned with the facilitation of
international maritime traffic. The Committee is directed to
perform the functions conferred in this area on the IMO by
international conventions, particularly with respect to
adoption and amendment of measures or other provisions as
provided in those conventions.
Article 49 requires the FAL Committee to report to the
Council on the facilitation recommendations and guidelines
which it has developed and on all work since the previous
session.
Article 50 requires the FAL Committee to meet at least once
a year, elect its own officers and adopt its own rules of
procedure.
Article 51 requires that the FAL Committee, when exercising
functions conferred upon it by any other international
convention or instrument, shall conform to the provisions of
that convention or instrument, particularly the rules-governing
procedures.
--Third, the amendments renumber Parts XI to XX, and existing
Articles 47 to 77 to reflect the addition of the new
provisions. Changes are also made to references to the
renumbered parts in Articles 15 and 25(a) and to the
number of the renumbered Article referred to in
Appendix II of the IMO Convention.
--Fourth, the amendments make consequential changes in
references to renumbered Articles in Articles 5, 6, 7,
8, 66, 67, 68, 70, 72, 73, and 74.
ii. the 1993 amendments
The 1993 amendments increase the size of the Council from
thirty-two to forty member States to ensure adequate
representation of all 153 member States' interests. This change
is desirable because the Council, which holds two regular
sessions per year in London, is responsible for all functions
of the Assembly between the Assembly's biennial sessions. The
amendments also state the number of Council members to be
elected from each of three specified categories of members.
To effect these changes, the 1993 amendments revise three
articles of the IMO Convention, as follows:
Article 16 states that the Council shall be composed of
forty members elected by the Assembly.
Article 17 provides that in electing the members of the
Council, the Assembly shall observe the following criteria:
(a) Ten shall be States with the largest interest in
providing international shipping services;
(b) Ten shall be States with the largest interest in
international seaborne trade;
(c) Twenty shall be States not elected under (a) or
(b) above, which have special interests in maritime
transport or navigation, and whose election to the
Council will ensure the representation of all major
geographic areas of the world.
Article 19(b) states that twenty-six members of the Council
shall constitute a quorum.
As of April 1, 1996, 27 members of the IMO had accepted the
1991 amendments and 35 members had accepted the 1993
amendments.
In accordance with the provisions of Article 66 of the IMO
Convention, the 1991 and 1993 amendments will enter into force
twelve months after the requisite instruments from two-thirds
of the members of the Organization, i.e., 102 member
governments out of the present total membership of 153, have
been deposited with the Secretary General of the United
Nations.
The U.S. Coast Guard believes that acceptance of these
amendments by the United States will encourage their acceptance
by other States and facilitate their entry into force. I concur
in that view and recommend their submission to the Senate for
its advice and consent to acceptance at an early date.
Respectfully submitted,
Warren Christopher.