69–115 

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 

R E P O R T 

[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 funcVerDate Aug 31 2005 18:54 Jun 26, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 H:\DOCS\110-10.TXT sfrela2 PsN: MIKEB
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tion 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. § 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. 

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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 onethird 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. 

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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. 

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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 twothirds 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 

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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. 

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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). 

(9) 

X. ANNEX I.—2007 GENERAL AND FINANCIAL REGULATIONS


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XI. ANNEX II.—NEW GENERAL AND FINANCIAL REGULATIONS


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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. 

48 

• 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 nonmandatory, 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 OrganizaVerDate Aug 31 2005 18:54 Jun 26, 2008 Jkt 000000 PO 00000 Frm 00048 Fmt 6601 Sfmt 6601 H:\DOCS\110-10.TXT sfrela2 PsN: MIKEB
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tion 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. 

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