[Senate Treaty Document 110-9]
[From the U.S. Government Publishing Office]
110th Congress
1st Session SENATE Treaty Doc.
110-9
_______________________________________________________________________
PROTOCOL OF AMENDMENTS TO CONVENTION ON INTERNATIONAL HYDROGRAPHIC
ORGANIZATION
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
PROTOCOL OF AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL
HYDROGRAPHIC ORGANIZATION DONE AT MONACO ON APRIL 14, 2005
October 23, 2007.--Treaty 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 23, 2007.
To the Senate of the United States:
With a view to receiving the advice and consent of the
Senate to ratification, I transmit herewith the Protocol of
Amendments to the Convention on the International Hydrographic
Organization done at Monaco on April 14, 2005. The Protocol
amends the Convention on the International Hydrographic
Organization, which was done at Monaco on May 3, 1967, and
entered into force for the United States on September 22, 1970
(TIAS 6933; 21 UST 1857; 752 UNTS 41). I am also transmitting,
for the information of the Senate, the report of the Secretary
of State on the Protocol.
The Protocol will facilitate the reorganization of the
International Hydrographic Organization (IHO). The IHO, which
is a technical and consultative international organization
head-
quartered in Monaco, facilitates safe and efficient maritime
navigation throughout the world. It accomplishes these
objectives by facilitating the coordination of the activities
of national hydrographic offices, promoting uniformity in the
nautical charts and documents generated by such offices,
encouraging the adoption of reliable surveying methods, and
fostering the development of the science of hydrography.
Reorganization of the IHO will result in a more flexible,
efficient, and visible organization.
Ratification of the Protocol would serve important U.S.
interests. United States commercial shipping, the United States
Navy, and the scientific research community rely heavily on
hydrographic information collected and shared under the
auspices of the IHO. The United States plays an important
leadership role in the IHO and as a result enjoys expeditious
and economical access to this information. Moreover, the United
States has committed more resources than any other country to
research, development, and evaluation of hydrographic
instruments and therefore stands to benefit significantly from
the efficiencies generated by this reorganization.
Article XXI of the Convention sets forth the procedure for
the approval and entry into force of amendments: amendments
that are adopted or ``approved'' by the Conference enter into
force for all Contracting Parties to the Convention 3 months
after two-thirds of the Contracting Parties have notified the
depositary of their consent to be bound.
I recommend that the Senate give prompt and favorable
consideration to the Protocol and give its advice and consent
to ratification.
George W. Bush.
LETTER OF SUBMITTAL
----------
The Secretary of State,
Washington, September 4, 2007.
The President,
The White House.
The President: I have the honor to submit to you, with the
recommendation that you transmit it to the Senate for its
advice and consent to ratification, the Protocol of Amendments
to the Convention on the International Hydrographic
Organization (IHO), done at Monaco, April 14, 2005. The
Protocol amends the Convention on the International
Hydrographic Organization done at Monaco on May 3, 1967.
Interested U.S. government agencies recommend that you transmit
the Protocol to the Senate for its advice and consent to
ratification.
Amendments to the Convention will enable the IHO to respond
rapidly to changing technologies, incorporate new members,
streamline its decision-making process, and enhance its role as
the lead international hydrographic organization. The IHO
facilitates safe and efficient maritime navigation throughout
the world by, inter alia, coordinating the activities of
national hydrographic offices, promoting uniformity in the
nautical charts and documents generated by such offices, and
fostering the development of the science of hydrography. U.S.
commercial shipping, the U.S. Navy, and the scientific and
research community rely heavily on hydrographic information
collected and shared under the auspices of the IHO. In
accordance with Article XXI of the Convention, the amendments
will enter into force for all members of the Organization three
months after two-thirds of the members have notified the
depository of their consent to be bound.
I recommend that the Protocol of Amendments to the
Convention on the International Hydrographic Organization be
transmitted to the Senate for its advice and consent as soon as
possible.
Respectfully submitted,
Condoleezza Rice.
Enclosure: As stated.
Overview of the Protocol of Amendments to the Convention on the
International Hydrographic Organization
The original Convention, which entered into force in 1970,
changed the legal status of the International Hydrographic
Organization (IHO). Currently, there are 80 States that are
party to the IHO Convention, including the United States.
Rapidly changing technologies and increasing demands from the
maritime community for up-to-date hydrographic instruments led
States that are members of the IHO to push for its reform. In
April 2002, the XVIth Conference of the IHO established the
Strategic Planning Working Group (SPWG) to study the structure
and processes of the IHO and develop appropriate
recommendations on reform, including revisions to the
Convention. At the direction of the Conference, the SPWG
developed a series of recommendations intended to make the
organization's decision-making process more efficient,
streamline the membership application process to increase
membership, and increase the visibility of the organization.
The United States actively participated in the SPWG. Throughout
the negotiations, the U.S. delegation had one key objective--
adoption of recommendations that would facilitate a cost-
effective reorganization of the IHO.
In April 2005, the Third IHO Extraordinary Conference
adopted a series of recommendations to reorganize the
organization to address weaknesses identified in the current
organization. The weaknesses, which include slow decision-
making processes, slow growth in membership, and inadequate
interaction with other international organizations and
industry, were affecting the IHO's ability to execute its
mandate effectively. The reorganization is intended to make the
organization more responsive to Member States' needs by, inter
alia, providing for faster decision-making through more
regularly scheduled Conferences in which all Member States
participate and annual meetings of a smaller, more dynamic
representative body, the Council, through which Member States
can oversee the organization between Conferences.
Reorganization will consolidate the committee structure, which
will result in improved communication mechanisms and better
defined organizational goals and operating guidelines.
Relationships with other intergovernmental organizations, such
as the International Maritime Organization, and non-
governmental associations, industry, and professional
institutions will be expanded and improved to facilitate better
understanding of the mission and goals of the IHO and ways
through which the IHO can interact with, and support efforts
of, other organizations with similar objectives.
Implementation of some of the recommendations requires
amendments to the Convention. The Protocol of Amendments will
amend the Convention by, inter alia, clarifying the respective
functions of the organs of the organization, including those of
the principal organ, the Conference (to be referred to as the
``Assembly''); establishing a new organ, the Council, with
responsibility for coordinating the activities of the
organization during the period between two Assemblies;
shortening the period between meetings of the Assembly from
five years to three years to enable the organization to address
significant policy concerns on a more timely basis; and
streamlining the process by which States can become members,
thereby facilitating increased Member State participation in
the organization, greater worldwide chart coverage, and, as a
result, improved safety of global navigation. These amendments
do not change the fundamental technical and consultative nature
of the organization.
Article XXI of the Convention sets forth the procedure for
the approval and entry into force of amendments: amendments
that are adopted or ``approved'' by the Conference enter into
force for all Contracting Parties to the Convention three
months after two-thirds of the Contracting Parties have
notified the depositary of their consent to be bound.
A more detailed description of the amendments is provided
in the article-by-article analysis presented below.
article 1
This provision amends the Preamble to replace the reference
to ``Governments Parties'' to this Convention with ``States
Parties,'' in order to conform with the more used terminology
for States that are party to an agreement. It also adds three
new paragraphs to the preamble, which, respectively, clarify
the coordinating role of the Organization with respect to the
setting of standards for the production of hydrographic data
and the provision of hydrographic services; describe the vision
of the Organization to be that of the ``authoritative worldwide
hydrographic body;'' and assert that the mission of the
Organization ``is to create a global environment in which
States provide adequate and timely hydrographic data, products
and services and ensure their widest possible use.'' Nothing in
these new paragraphs changes the technical and consultative
nature of the Organization.
article 2
This provision amends Article II of the Convention to
provide a more detailed description of the Organization's
objectives. It describes the specific objectives of the
Organization, all of which are consistent with the longstanding
functions and purposes of the Organization, which are to
facilitate coordination of the activities of national
hydrographic offices, promote uniformity in nautical charts and
documents, adopt reliable and efficient methods of carrying out
hydrographic surveys, and foster the development of sciences in
the field of hydrography and the techniques employed in
descriptive oceanography.
article 3
This provision amends Article III of the Convention to
replace the reference to ``Governments Parties'' with ``States
Parties,'' in order to conform with the more regularly used
terminology for States that are party to an agreement.
article 4
This provision amends Article IV of the Convention to
reflect the Conference's decision to replace the reference to
``The International Hydrographic Conference'' with the term
``Assembly,'' and the reference to the ``International
Hydrographic Bureau'' with the term ``Secretariat.'' Neither
change affects the substantive roles of either organ of the
Organization. The provision further amends Article IV to
reflect the Conference's decision to establish a new organ
known as the ``Council,'' to make a specific reference to the
existing Finance Committee, and to acknowledge the possible
creation of additional subsidiary organs. The roles and
composition of the Assembly, Council, Finance Committee, and
Secretariat are addressed in subsequent provisions of the
Protocol.
article 5
This provision replaces Article V and incorporates
provisions of Article VI of the Convention, resulting in
language that clarifies the structure, composition, functions,
and working methods of the Conference (to be referred to as the
Assembly consistent with the amendment set forth in Article 4
of the Protocol), which is the principal organ of the
Organization. Article 5 provides that the Assembly shall be the
principal organ of the Organization and shall have all the
powers of the Organization, unless otherwise regulated by the
Convention or delegated by the Assembly to other organs. With
the exception of a change of terminology from ``Conference'' to
``Assembly,'' this is consistent with the provisions of the
existing Convention. Article 5 provides that the Assembly shall
be comprised of all the Member States of the Organization and
is consistent with current Article VI of the Convention, which
states that the ``Conference shall be composed of
representatives of Member Governments.'' Article 5 provides
that an ordinary session of the Assembly shall be held every
three years as opposed to every five years as currently
provided for in Article VI of the Convention. The decision to
shorten the period between ordinary sessions of the Assembly is
consistent with the SPWG recommendation to hold more frequent
Assembly meetings to enable the Organization to respond more
effectively to rapidly changing technologies and other
developments that affect the Organization's functions. Article
5 establishes a quorum for meetings of the Assembly and lists
the functions of the Assembly, which include, inter alia,
deciding the overall policy, strategy, and work program of the
Organization; deciding on any proposals put to it by any Member
State, the Council or the Secretary-General; approving the
three-year budget of the Organization; deciding on the
operational services of the Organization; delegating, where
appropriate and necessary, responsibilities to the Council, and
establishing subsidiary organs of the Organization.
article 6
This provision replaces Article VI of the Convention with a
provision that describes the structure, composition, functions,
and certain working methods of the Council, which will
constitute a new organ of the Organization. The Council was
established in order to facilitate decision-making between
Assembly sessions. Article 6 provides that the Council will be
comprised of one-fourth, but not less than thirty, of the
Member States of the Organization. It states that the
principles governing the composition of the Council will be set
forth in the General Regulations. Article 6 further provides
that the Council will meet at least once a year to perform the
functions delegated to it by the Assembly or otherwise
conferred on it directly under the Convention. It sets forth
the functions of the Council, including coordinating activities
of the Organization during the period between Assembly
sessions; reporting to the Assembly at each ordinary session on
the work of the Organization; preparing proposals, with the
support of the Secretary-General, on the overall strategy and
work program to be adopted by the Assembly; and proposing to
the Assembly the establishment of subsidiary organs. Member
States that are not members of the Council may participate in
the meetings of the Council, without the right to vote and the
quorum required for a meeting of the Council would be two-
thirds of the members of the Council.
article 7
This provision amends Article VII of the Convention
concerning the Finance Committee to clarify that membership in
the Finance Committee shall be open to all Member States, each
Member State shall have one vote, and that the Finance
Committee ``shall normally be convened in conjunction with each
ordinary session of the Assembly and may convene additional
meetings as appropriate.'' It amends Article VII to include a
description of the functions of the Finance Committee and an
explicit reference to the Committee's existing authority to
elect its Chair and Vice-Chair.
article 8
This provision amends Article VIII of the Convention, which
describes the functions of the International Hydrographic
Bureau, now to be referred to as the ``Secretariat.'' It amends
Article VIII by adding a new subparagraph on the composition of
the Secretariat, an issue currently addressed under Article IX
of the Convention. Article 8 further amends Article VIII by
providing a description of the role and functions of the
Secretary-General, an issue currently addressed, in part, in
Article X of the Convention (referring to the President of the
Directing Committee). For example, Article 8 explicitly
provides that the Secretary-General shall be the chief
administrative officer of the Organization; although this is
currently the case, it is not specifically addressed in the
Convention. Article 8 further amends Article VIII of the
Convention to provide that the Secretary-General, Directors,
and other personnel of the Organization must act as
``international officials'' (rather than representatives of
their own governments) and as such must refrain from any action
that may be incompatible with their positions as international
officials. Moreover, Article 8 requires Member States to
respect the exclusively international character of the
responsibilities of the Secretary-General, Directors and
personnel of the Organization and not seek to influence them in
the discharge of their responsibilities. Although the
Convention does not currently make references to the
responsibility of Organization personnel to act as
``international officials'' and the duty of Member States to
refrain from unduly influencing the work of such officials,
both personnel and Member States have generally understood that
this is expected of them.
article 9
This provision amends Article IX of the Convention by
replacing language that previously described the composition of
the Bureau (now referred to as the ``Secretariat'' and dealt
with in Article 8 of the Protocol) with provisions on the
decision-making process of the Organization. This provision
codifies existing practice. Member States should try to reach
decisions by consensus. Where decisions cannot be reached by
consensus, each Member State generally shall have one vote.
With regard to the election of the Secretary-General and
Directors, however, each Member State shall have a number of
votes determined by a scale established in relation to the
tonnage of their fleets. With the exception of decisions on
matters relating to the policy or finances of the Organization,
amendments to the Convention, and accession to the Convention
by a State that is not a member of the United Nations,
decisions that cannot be reached by consensus shall be taken by
a simple majority of Member States present and voting.
article 10
Article 10 replaces Article X of the Convention concerning
the Bureau (referred to as the ``Secretariat'' under amendments
set forth in the Protocol and addressed in Article 8 of the
Protocol) with a provision that authorizes the Organization to
cooperate with international organizations whose interests and
activities are related to the purpose of the Organization.
article 11
This provision amends Article XI of the Convention by
clarifying that in the event of inconsistency between the
Convention and the General Regulations or Financial
Regulations, the Convention shall prevail. This provision
codifies existing practice.
article 12
This provision amends Article XIII of the Convention by
replacing the reference to ``juridical personality'' with a
reference to ``legal personality,'' a term more commonly used
in the constituting instruments of international organizations.
article 13
This provision provides for the replacement of the phrase
``Member Governments'' in Article XIV(a) of the Convention with
a reference to ``Member States'' in accordance with the
decision of the Third Extraordinary Conference. This is a
formalistic change that does not alter the substance of Article
XIV(a). Article 13 further provides for the replacement of the
term ``Finance Committee'' in Article XIV(b) of the Convention
with the term ``Assembly.'' This change is necessary to
implement the Conference's decision to require Assembly
approval of the use of donations, bequests, subventions and
other sources to fund the expenses of the Organization; this
function currently falls within the purview of the Finance
Committee.
article 14
This provision amends Article XV of the Convention to
clarify that the ``rights'' that Member States stand to lose as
a result of being in arrears for two years in their
contributions are restricted to ``voting rights.''
article 15
This provision amends Article XVI by replacing language
concerning the Directing Committee's role in drafting the
budget of the Organization--an issue taken up in Article 8 of
the Protocol, which among other things describes the functions
of the Secretariat--with a provision clarifying the depositary
functions of the Government of His Serene Highness the Prince
of Monaco. These functions include informing the Secretary-
General and all Member States of applications for accession
received from States that are not members of the United Nations
and informing the Secretary-General and all Member States of
each new deposit of an instrument of ratification, acceptance,
approval, or accession, the date of entry into force of any
amendment to the Convention and the deposit of any instrument
of denunciation of the Convention, together with the date on
which its was received and the date on which the denunciation
takes effect. This provision is consistent with current
provisions of the Convention concerning the functions of the
depositary.
article 16
This provision amends Article XVII of the Convention by
replacing the phrase ``Directing Committee'' with the phrase
``Secretary-General of the Organization.'' This change is
consistent with the Conference's decision to revise the
functions of the Directing Committee and for purposes of this
specific provision authorize the Secretary-General to offer his
or her good offices to facilitate the settlement of disputes
concerning the interpretation or application of the Convention.
The Secretary-General's good offices are not the only mechanism
available for facilitating the settlement of disputes. Article
XVII of the Convention provides that disputes also may be
settled by negotiation or, at the request of one of the parties
to the dispute, by an arbitrator designated by the President of
the International Court of Justice.
article 17
This provision amends Article XX of the Convention to
reflect the Conference's decision to make it easier for States
that are members of the United Nations to become party to the
Convention. Currently, under Article XX of the Convention, a
maritime State may accede to the Convention if it applies to
the Government of the Principality of Monaco specifying the
tonnage of its fleets and has its admission approved by two-
thirds of the Member Governments of the Organization. Article
17 amends this provision to provide that any State that is a
member of the United Nations may accede to the Convention by
depositing its instrument of accession with the Depositary.
States that are members of the United Nations will no longer be
required to have their admission approved by two-thirds of the
membership of the Organization. States that are not members of
the United Nations will have to apply to the Depositary and
have their applications approved by a two-thirds vote of the
Member States.
article 18
This provision amends Article XXI of the Convention. Some
of the amendments are technical changes to reflect decisions by
the Conference to use new terms for certain entities, in this
case, replacing ``Contracting Party'' with ``Member State,''
``Contracting Parties'' with ``Member States,'' ``Conference''
with ``Assembly,'' ``President of the Directing Committee''
with ``Secretary-General of the Organization,'' and
``Government of the Principality of Monaco'' with ``the
Depositary.'' Article 18 also provides that proposals of
amendments will be decided upon by a majority of two-thirds of
the Member States present and voting, which differs from the
current requirement that proposals of amendments be decided
upon by a ``majority of two-thirds of the Member Governments
represented at the Conference.'' Article 18 of the Protocol
also amends Article XXI of the Convention to require that
proposals of amendments be submitted to the Secretary-General
not less than six months prior to the next session of the
Assembly. Article XXI does not establish a time limit for the
submission of proposals of amendment.
article 19
This provision amends Article XXII of the Convention to
effect the technical change of replacing references to the
``Government of the Principality of Monaco'' with the phrase
``the Depositary.'' It also removes subparagraph two of Article
XXII, which pursuant to Article 15, paragraph (c) of the
Protocol will be incorporated into Article XVI of the
Convention.
article 20
This provision states that amendments adopted during the
XIIIth and XVth Conferences, which have not yet entered into
force shall not hereafter enter into force. Accordingly, it
clarifies that such amendments will not enter into force,
including for those Member States that have ratified or
otherwise notified their consent to be bound by the amendments.