[Senate Executive Report 110-10]
[From the U.S. Government Publishing Office]
110th Congress Exec. Rept.
SENATE
2d Session 110-10
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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.