    [Senate Executive Report 110-10]
    [From the U.S. Government Publishing Office]

    110th Congress                                              Exec. Rept.
                                     SENATE
     2d Session                                                      110-10

    ======================================================================

      PROTOCOL OF AMENDMENTS TO CONVENTION ON INTERNATIONAL HYDROGRAPHIC
                                  ORGANIZATION

                                    _______

                      June 26, 2008.--Ordered to be printed

                                    _______

              Mr. Biden, from the Committee on Foreign Relations,
                            submitted the following

                                     REPORT

                        [To accompany Treaty Doc. 110-9]

        The Committee on Foreign Relations, to which was referred
    the Protocol of Amendments to the Convention on the
    International Hydrographic Organization, done at Monaco on
    April 14, 2005 (the ``Protocol'') (Treaty Doc. 110-9), having
    considered the same, reports favorably thereon as indicated in
    the resolution of advice and consent, and recommends that the
    Senate give its advice and consent to ratification thereof, as
    set forth in this report and the accompanying resolution of
    advice and consent.

                                    CONTENTS

                                                                       Page

      I. Purpose..........................................................1
     II. Background.......................................................2
    III. Major Provisions.................................................3
     IV. General and Financial Regulations................................5
      V. Entry Into Force.................................................5
     VI. Denunciation.....................................................5
    VII. Committee Action.................................................6
    VIII.Committee Recommendation and Comments............................6

     IX. Text of Resolution of Advice and Consent to Ratification.........7
      X. Annex I.--2007 General and Financial Regulations.................9
     XI. Annex II.--New General and Financial Regulations................27
    XII. Annex III.--Responses to Questions Submitted by Senator Biden...47

                                   I. Purpose

        The purpose of the Protocol is to reorganize the
    International Hydrographic Organization (the ``IHO'') in order
    to make it a more modern, efficient, and effective
    organization. Specifically, the reorganization is intended to
    streamline the IHO's decision-making process, simplify the
    current membership application procedure, allow the
    organization to keep pace with rapidly changing technological
    developments in the field of hydrography, clarify the function
    of the various subsidiary organs that make up the organization,
    and solidify the IHO's role as the leading international
    hydrographic organization in the world.

                                 II. Background

        The United States officially joined the forerunner of the
    IHO, the International Hydrographic Bureau, on June 20, 1922,
    pursuant to Congressional authorization contained in the
    Diplomatic and Consular Service Appropriation Act of March 2,
    1921 (22 U.S.C. Sec. 275). The International Hydrographic
    Bureau was established to make navigation easier and safer
    throughout the world, but the Bureau encountered administrative
    problems because it lacked the international legal status of an
    intergovernmental organization. As a result, the Convention on
    the International Hydrographic Organization, done at Monaco on
    May 3, 1967 (the ``1967 Convention''), was concluded in order
    to provide a treaty basis for the International Hydrographic
    Bureau, giving it the international legal status of an
    intergovernmental organization. The 1967 Convention entered
    into force for the United States on September 22, 1970. The IHO
    is headquartered in the Principality of Monaco and over 80
    countries are members of the Organization.

        The 1967 Convention did not change the mission of the
    Organization; the Bureau simply became the executive body of
    the new IHO. As described in President Johnson's Letter of
    Transmittal to the Senate on October 24, 1967, the primary
    objective of the Bureau, and hence the IHO, was to ``make
    navigation easier and safer throughout the world'' and to do so
    by ``coordinat[ing] the activities of national hydrographic
    offices, promoting uniformity in their nautical charts and
    documents and encouraging adoption of reliable and efficient
    hydrographic surveying methods.''

        To this day, the mission of the organization has remained
    the same, but the nature of the day-to-day work of the
    organization has changed dramatically. Technological
    developments not only in the field of hydrography and nautical
    cartography, but throughout the maritime transportation
    industry, including Global Positioning System (GPS) navigation
    and electronic charts, have led to a need for greater accuracy
    in hydrographic surveys and the compilation of digital nautical
    charts and documents, as well as improved coverage to
    facilitate today's maritime traffic. Moreover, increased
    international commerce over the many years since the Bureau was
    originally established has led to the involvement of more
    countries in maritime transportation and a greater need for
    international cooperation. As currently organized and in this
    era of constantly evolving technology, the IHO is having
    difficulty keeping up with this increasing and rapidly shifting
    flow of work. As noted in the Submittal Letter from the
    Secretary of State, ``weaknesses, which include slow decision-
    making processes, slow growth in membership, and inadequate
    interaction with other international organizations and
    industry, [are] affecting the IHO's ability to execute its
    mandate effectively.'' The Protocol would amend the 1967
    Convention and reorganize the institution so as to address
    these weaknesses, as described below.

                             III. Major Provisions

        A detailed analysis of the Protocol may be found in the
    Letter of Submittal from the Secretary of State to the
    President, which is reprinted in full in Treaty Document 110-9.
    A summary of the key provisions of the Protocol is set forth
    below.

    1. New Organizational Structure

        The new organizational structure set forth in the Protocol
    is intended to make the organization capable of being more
    responsive to Member States' needs and rapidly changing
    technology. In sum, the IHO would meet more frequently, and
    would have new subsidiary organs that are capable of overseeing
    the operation of the organization between meetings of the
    States Parties. The specifics are described below.

        What is currently referred to as the ``International
    Hydrographic Conference'' or ``Conference'' and is composed of
    representatives of every country that is a member of the IHO,
    would be renamed the ``Assembly'' under the amended Convention.
    See Article 4 of the Protocol. The Assembly would meet more
    frequently than the current Conference--every three years,
    instead of every five years. See Article 5 of the Protocol. The
    ``International Hydrographic Bureau'' would be renamed the
    ``Secretariat,'' but this would not affect the substance of its
    activities within the IHO. See Article 4 of the Protocol. A new
    organ, the ``Council,'' would be established and the Assembly
    would be empowered to establish additional subsidiary organs,
    as needed. See Articles 4 and 5 of the Protocol.

        The establishment of a Council is perhaps the most dramatic
    change. The Council is to be made up of one-fourth, but not
    less than thirty, of the Member States. Two-thirds of the
    Council members are to be selected on a regional basis and the
    remaining one-third is to be selected ``on the basis of
    hydrographic interests, which shall be defined in the General
    Regulations.'' See Article 6 of the Protocol. The current
    International Hydrographic Conference of States Parties has
    adopted General Regulations that will have effect if and when
    the Protocol enters into force. See Annex II. These Regulations
    provide that ``the scale by which an interest in hydrographic
    matters is measured shall be national flag tonnage'' and thus,
    the top 10 Member States on the tonnage listing kept by the IHO
    will have a seat on the Council. The U.S. tonnage, which has
    been reported to the IHO, currently stands at 24,139,848 tons.
    This tonnage places the United States fifth among IHO Member
    States and as a result, the United States is assured a seat on
    the Council, at least for now (The four countries that precede
    the United States in tonnage are as follows: China
    (43,790,000); the United Kingdom (31,189,390); Greece
    (30,881,988); and Singapore (30,451,188)). The Regulations
    provide that this definition will be reconsidered at the second
    Assembly meeting and because the Assembly would meet in
    ordinary session every three years, it appears that this
    definition will remain in place for at least the first few
    years.

    2. Clarification of the Objectives of the IHO and the Functions of Its
            Subsidiary Organs

        Article 2 of the Protocol would amend Article II of the
    1967 Convention by providing greater detail of the objectives
    of the IHO than currently outlined in the Convention. The new
    provision makes it clear that the object of the Organization is
    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 5 of the Protocol sets forth in considerably more
    detail the functions of the Assembly (composed of
    representatives of every country that is a member of the IHO),
    which would include making decisions regarding ``the overall
    policy, strategy, and work programme'' of the Organization;
    approving the three-year budget of the Organization; making
    decisions regarding the operational services of the
    Organization; delegating, where appropriate and necessary,
    responsibilities to the Council; and establishing subsidiary
    organs of the Organization.

        Article 6 of the Protocol describes the structure,
    composition, functions, and working methods of the Council. The
    Council will meet at least once a year and will, among other
    things, coordinate activities of the Organization during the
    period between Assembly sessions; report to the Assembly at
    each ordinary session on the work of the Organization; prepare
    proposals, with the support of the Secretary-General, on the
    overall strategy and work program to be adopted by the
    Assembly; and propose to the Assembly the establishment of
    subsidiary organs.

        Article 7 of the Protocol would amend Article VII of the
    Convention concerning the Finance Committee. Article 7 provides
    that the Finance Committee is open to all Member States and
    clarifies the functions of the Finance Committee, which would
    include reviewing financial statements, budget estimates and
    reports on administrative matters prepared by the Secretary-
    General.

        Article 8 of the Protocol amends Article VIII of the
    Convention, which describes the functions of the Bureau, which
    would be renamed the ``Secretariat.'' The new Article VIII
    would clarify the role of this organ, making it clear that it
    is largely administrative.

    3. Simplification of the Membership Application Procedure

        Article 17 of the Protocol would amend Article XX of the
    1967 Convention to make it easier for States that are members
    of the United Nations to become a party to the Convention.
    Currently, under Article XX of the Convention, a maritime State
    that wishes to accede to the Convention must have its admission
    approved by two-thirds of the Member States of the
    Organization. The executive branch has informed the committee
    that it can take three or more years to become a member in
    accordance with Article XX. The new amended version of Article
    XX would eliminate this cumbersome process and instead provide
    that any State that is a member of the United Nations may
    accede to the Convention by simply depositing an instrument of
    accession with the Depositary.

    4. Decision-Making Procedures

        Article 9 of the Protocol would amend Article IX of the
    1967 Convention by replacing language that previously described
    the composition of the Bureau, which would now be referred to
    as the ``Secretariat,'' with provisions on the decision-making
    process of the Organization. Although these procedures were not
    included in the 1967 Convention, the Secretary of State's
    Letter of Submittal states that this provision would simply
    codify existing practice. In brief, Article 9 provides that
    Member States should try to reach decisions by consensus. When
    it is not possible to reach a consensus, decisions on matters
    related to the policy or finances of the Organization,
    including amendments to the General and Financial Regulations,
    shall be taken by a two-thirds majority of Member States
    present and voting. All other decisions on which it is not
    possible to reach a consensus shall be taken by a simple
    majority of Member States present and voting.

                     IV. General and Financial Regulations

        Annexed to the 1967 Convention are General Regulations and
    Financial Regulations, which govern much of the day-to-day
    functioning of the IHO and implement the broad structure
    provided for in the Convention. These Annexes, in accordance
    with Article XI, do not form an integral part of the Convention
    and they can be amended without the Senate's advice and
    consent. Nevertheless, they are important to the Senate's
    consideration of the Convention and the Protocol, as they
    include details regarding the functioning of the Organization
    that are not included in the underlying treaties. These Annexes
    were transmitted to the Senate for its information in 1967, but
    have undergone a number of changes over the years. The most
    recent version of the Regulations, which include amendments
    that were adopted as recently as 2007, are attached at Annex I.
    In addition, at the XVIIth International Hydrographic
    Conference, which took place in 2007, the parties of the 1967
    Convention adopted draft Regulations that are to take effect
    upon the entry into force of the Protocol. These new
    Regulations are attached at Annex II.

                              V. Entry Into Force

        The Protocol, in accordance with Article XXI (c) of the
    1967 Convention, will enter into force for all Contracting
    States to the 1967 Convention three months after notifications
    of approval by two-thirds of the Member States have been
    received by the Depositary. At the time the Protocol was
    adopted, 80 States were party to the 1967 Convention and as a
    result, the Protocol will enter into force for all Contracting
    States to the 1967 Convention, including the United States,
    three months after notifications of approval by 54 Member
    States have been received by the Depositary. As of June 15,
    2008, 19 States had approved the Protocol.

                                VI. Denunciation

        Article 19 of the Protocol would amend Article XXII of the
    1967 Convention, which provides for denunciation of (or
    withdrawal from) the Convention. A party to the Convention may
    denounce the Convention by giving notice to the Depositary, but
    the denunciation shall not take effect for at least a year,
    that is ``upon 1 January next following the expiration of the
    notice.'' In other words, if a party were to denounce the
    Convention on March 1, 2008 with one year's notice, the
    denunciation of the Convention would take effect on January 1,
    2010.

                             VII. Committee Action

        On April 22, 2008, the committee considered the Protocol,
    and ordered it favorably reported by voice vote, with a quorum
    present and without objection.

                  VIII. Committee Recommendation and Comments

        The Committee on Foreign Relations believes that the
    mission of the IHO advances important U.S. national security
    and economic interests and thus, the Protocol, which would
    enable the IHO to develop into a more efficient and effective
    organization, also serves U.S. interests.

        Accurate and comprehensive navigation data is crucial to
    the operation of the U.S. Navy, the Coast Guard, and the U.S.
    Army Corps of Engineers. In addition, the United States has a
    strong economic interest in facilitating and improving the
    safety of maritime transportation throughout the world.
    According to the U.S. Department of Transportation, over 29
    percent of all U.S. exports and over 52 percent of all U.S.
    imports were transported by ship in 2006. According to the
    Committee on the Marine Transportation System, established
    pursuant to a directive by the President in the U.S. Ocean
    Action Plan, issued December 17, 2004, the United States ports
    and waterways handle more than 2 billion tons of both domestic
    and foreign commerce each year. The American Association of
    Port Authorities, using figures from 2006, calculates that the
    United States deep-draft seaports and seaport-related
    businesses generated approximately 8.4 million American jobs
    and added nearly two trillion dollars to the U.S. economy.

        The IHO accomplishes its mission of facilitating and
    improving the safety of maritime transportation through the
    sharing of hydrographic information, the development of uniform
    standards for charting and hydrographic surveying, the
    coordination of national hydrographic office activities, and by
    fostering the development of sciences in the field of
    hydrography, including the techniques employed in descriptive
    oceanography. Moreover, the IHO is cost-effective. U.S.
    assessed contributions were $113,000 for calendar year 2005,
    $120,000 for calendar year 2006, and $118,000 for calendar year
    2007. The anticipated assessed U.S. contribution for calendar
    year 2008 is $143,000. The executive branch has informed the
    committee that it does not expect a significant increase in the
    U.S. assessed contribution to the IHO after the Protocol enters
    into force. In part, this is due to an anticipated increase in
    its membership, which would spread the cost of the budget among
    more Member States and should lead to a decrease in the size of
    the U.S. contribution.

        The committee urges the Senate to act promptly to give
    advice and consent to ratification of the Protocol, as set
    forth in this report and the accompanying resolution of advice
    and consent.

          IX. Text of Resolution of Advice and Consent to Ratification

        Resolved (two-thirds of the Senators present concurring
    therein),

        The Senate advises and consents to the ratification of the
    Protocol of Amendments to the Convention on the International
    Hydrographic Organization done at Monaco on April 14, 2005
    (Treaty Doc. 110-9).
              X. Annex I.--2007 General and Financial Regulations

              XI. Annex II.--New General and Financial Regulations

       XII. Annex III.--Responses to Questions Submitted by Senator Biden

        Question. Please provide a list of recent accomplishments
    of the International Hydrographic (IHO) Organization that are
    significant.

        Answer. Recent significant accomplishments of the
    International Hydrographic Organization (IHO) include:

       Development of standards for digital hydrographic data,
            which provides for expanded use of marine geospatial
            data, beyond the traditional safety-of-navigation
            purposes, to better support mapping of critical
            habitats and natural resources, marine research,
            protection and monitoring of the marine environment,
            and sustainable use of the world's oceans, coasts, and
            fisheries.

       Development of the first internationally accepted standards
            for Electronic Navigational Charts (ENCs), which will
            be used in Electronic Chart Display and Information
            Systems (ECDIS) by all major seagoing vessels as
            navigation transitions from paper to electronic chart
            navigation over the next few years. The IHO standards
            provide international interoperability for electronic
            chart data and improve the safety and efficiency of
            maritime navigation. Safety is improved through
            continuous display of ship location in relation to
            standard IHO symbols. Efficiency of marine navigation
            is being improved through IHO work with its Member
            States and commercial system providers to expand the
            system capability in support of the mariner.

       Establishment of a Capacity Building Committee to develop
            and implement plans and foster regional cooperative
            efforts to assist developing coastal States in
            acquiring the ability to collect digital hydrographic
            data and produce electronic charts.

       Evaluation of the current status of worldwide electronic
            chart coverage, and the actions necessary to improve
            the scope of such coverage

        Question. Please provide a list of current and future
    priorities of the International Hydrographic Organization that
    are worthy of note.

        Answer. The current and future priorities of the
    International Hydrographic Organization include:

       Expansion of the Navigation Warning system into the Arctic
            region for improved maritime safety in response to
            increased shipping within this region.

       Development of the next generation of electronic chart
            standards to include 3D data, and integration of ice,
            tides, currents, and meteorology data into the
            electronic chart display.

       Assisting Member States with their production of Electronic
            Navigational Charts, which are essential for the future
            deployment of Electronic Chart Display and Information
            Systems. Such assistance might include training and
            guidance regarding international hydrographic and
            charting standards and identifying voluntary resources
            to support developing country hydrographic offices in
            acquiring and expanding their production capabilities.

       Collaboration with other organizations in the development
            of policies and standards for nautical products that
            facilitate the safe passage of all vessels, including
            military ones, through domestic and international
            waters.

       Expanding IHO membership, thereby increasing collection of
            hydrographic data and production of nautical charts to
            support safety of navigation and protection of the
            marine environment.

       The IHO recently accepted a proposal from the United States
            to develop a standard international format for
            displaying non-mandatory, supplemental marine
            environmental data with Electronic Navigational Charts
            in electronic navigation systems. This is a
            collaborative effort among IHO Member States,
            environmental organizations and agencies, military, and
            private industry.

        Question. What was the U.S. assessed contribution to the
    International Hydrographic Organization for calendar years
    2005, 2006, and 2007? What is the assessed contribution to the
    International Hydrographic Organization for calendar year 2008?
    Do you expect a significant increase in the U.S. assessed
    contribution to the International Hydrographic Organization in
    future years, if the Protocol enters into force?

        Answer. The U.S. assessed contributions to the
    International Hydrographic Organization for calendar years
    2005, 2006 and 2007 were as follows: $113,000 for calendar year
    2005; $120,000 for calendar year 2006; and $118,000 for
    calendar year 2007.
        The anticipated assessed U.S. contribution for calendar
    year 2008 is $143,000, which may increase as a result of the
    weakening dollar. IHO budgets are based on the Euro.
        The United States does not expect a significant increase in
    the U.S. assessed contribution to the IHO when the Protocol
    enters into force. Entry into force of the Protocol will
    facilitate the reorganization of the IHO, which will result in
    a more efficient and responsive organization and attendant
    cost-savings. In addition, the amendments will simplify the
    process for increasing IHO membership, and an increased
    membership should obviate the need to increase assessed
    contributions to current members, including the United States.
    Under the current Convention, it could take 3 or more years to
    gain the necessary 2/3 approval for admission as a new Member
    State, whereas amendments to the Convention will authorize any
    State that is a member of the United Nations to become a member
    by simply depositing its instrument of accession to the
    Convention with the Depositary.

        Question. Please provide to the Committee a copy of the
    current Financial Regulations of the International Hydrographic
    Organization and the current General Regulations of the
    International Hydrographic Organization. When were these
    regulations adopted by the International Hydrographic
    Organization?

        Answer. Copies of the current Financial Regulations and
    General Regulations of the International Hydrographic
    Organization are attached at Tab A [Annex I of this Report].
    The current Financial Regulations incorporate amendments that
    were adopted in 2003. The current General Regulations
    incorporate amendments to Article 6 of the regulations, which
    were adopted in 2007 at the XVIIth International Hydrographic
    Conference.
        The XVIIth Conference also adopted amendments to the
    Financial Regulations and additional amendments to the General
    Regulations, whose implementation is subject to the entry into
    force of the Protocol. These amendments will serve the same
    purpose as the Protocol, which is to facilitate implementation
    of IHO's reorganization. Copies of the Financial Regulations
    and General Regulations that will take effect upon entry into
    force of the Protocol are attached at Tab B [Annex II of this
    Report].

        Question. How many people are currently employed by the
    International Hydrographic Organization?

        Answer. The International Hydrographic Bureau, which serves
    as the secretariat of the IHO, employs 19 individuals. It is
    led by a Directing Committee that is comprised of a President
    and two Directors, who are nominated by the IHO Member States
    and elected by the Conference for 5-year terms. The remaining
    16 staff includes 5 professional technical assistants for
    cartography, publications, digital standards, hydrography and
    administration, and 11 staff for translation, finance, digital
    cartography/graphics and administration/communications. Since
    1997, the IHO has reduced its staff by 2 despite a steadily
    increasing IHO membership.

        Question. Will the United States have a seat on the newly
    established Council, if the Protocol enters into force?

        Answer. The United States will have a seat on the newly
    established Council upon the Protocol's entry into force. Under
    the current principles governing the composition of the Council
    as set out in the Protocol of Amendments and the General
    Regulations, seats are allocated on the bases of regional
    representation and hydrographic interest. The existing
    ``hydrographic interest'' basis for membership on the new
    Council is tonnage of shipping (all civil tonnage over 100 tons
    plus 6/7ths of all military tonnage). The U.S. tonnage reported
    to IHO currently stands at 24,139,848 tons which places the
    United States in 5th position among IHO Member States. The top
    10 Member States on the tonnage listing will have a seat on
    Council. The ``hydrographic interest'' criterion may change in
    the future but all the suggested alternatives, e.g., number of
    charts, area of national waters, etc., would still result in
    the United States having a seat on Council.