U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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39–118

" ! SENATE 104TH CONGRESS

2d Session

TREATY DOC.

1996

104–36

CONVENTION ON THE INTERNATIONAL MARITIME

ORGANIZATION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION,

SIGNED AT GENEVA, MARCH 6, 1948 (IMO CONVENTION)

OCTOBER 1, 1996.—Convention was read the first time and, together with

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate.

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, October 1, 1996.

To the Senate of the United States:

I transmit herewith, for the advice and consent of the Senate to

acceptance, amendments to the Convention on the International

Maritime Organization, signed at Geneva, March 6, 1948 (the OMO

Convention). The amendments were adopted on November 7, 1991,

and November 4, 1993, by the Assembly of the International Maritime Organization (IMC) at its seventeenth and eighteenth sessions. I also transmit, for the information of the Senate, the report

of the Department of State describing the amendments, their purpose and effect.

The United States is the world’s largest user of international

shipping. These amendments strengthen the International Maritime Organization’s capability to facilitate international maritime

traffic and to carry out its activities in developing strong maritime

safety and environmental protection standards and regulations.

The IMO’s policies and maritime standards largely reflect our own.

The United States pays less than 5 percent of the assessed contributions to the IMO.

The 1991 amendments institutionalize the Facilitation Committee as one of the IMO’s standing committees. The Facilitation Committee was created to streamline the procedures for the arrival,

stay and departure of ships, cargo and persons in international

ports. This committee effectively contributes to greater efficiencies

and profits for the U.S. maritime sector, while assisting U.S. law

enforcement agencies’ efforts to combat narcotics trafficking and

the threat of maritime terrorism.

The 1993 amendments increase the size of the IMO governing

Council from 32 to 40 members. The United States has always

been a member of the IMO govering Council. Increasing the Council from 32 to 40 Member States will ensure a more adequate representation of the interests of the more than 150 Member States

in vital maritime safety and environmental protection efforts

worldwide.

The 1991 amendments institutionalize the Facilitation Committee as one of the IMO’s main committees. The 1993 amendments

increase the size of the Council from 32 to 40 members, thereby affording a broader representation of the increased membership in

the IMO’s continuing administrative body.

Support for these amendments will contribute to the demonstrated interest of the United States in facilitating cooperation

among maritime nations. To that end, I urge that the Senate give
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early and favorable consideration to these amendments and give its

advice and consent to their acceptance.

WILLIAM J. CLINTON.
(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, September 12, 1996.

THE PRESIDENT, The White House.

THE PRESIDENT: I have the honor to submit to you two amendments to the Convention on the International Maritime Organization, signed at Geneva March 6, 1948, 9 UST 621 (the IMO Convention). The amendments were adopted on November 7, 1991, and

November 4, 1993, by the Assembly of the International Maritime

Organization (IMO) at its seventeenth and eighteenth sessions. I

recommend that these amendments be transmitted to the Senate

for advice and consent to acceptance.

I. THE 1991 AMENDMENTS

The 1991 amendments institutionalize the Facilitation Committee (FAL Committee) by establishing it as one of the five standing

committees of the IMO. Institutionalization of the FAL Committee

provides States and the shipping industry with a powerful tool to

simplify and harmonize trade and transport procedures to facilitate

the flow of vessels, cargo, passengers and crews into and out of

international gateway ports. These amendments are also consistent

with the spirit and intent of the Convention on Facilitation of Maritime Traffic, with annex, done at London, April 9, 1965, 18 UST

411.

The 1991 amendments have three segments.

—First, Articles 11, 15, 21, 56 and 57 of the IMO Convention are

amended to reflect the addition of the FAL Committee to the

existing bodies of the IMO, which include the Assembly, the

Council, the Maritime Safety Committee, the Marine Environment Protection Committee, the Legal Committee, the Technical Cooperation Committee, and the Secretariat.

—Second, these amendments establish a new Part IX, entitled

‘‘The Facilitation Committee’’. Part XI contains five new Articles (47–51):

Article 47 states that the FAL Committee will be open to all IMO

members.

Article 48 provides that the FAL Committee will consider all

IMO matters that are concerned with the facilitation of international maritime traffic. The Committee is directed to perform the

functions conferred in this area on the IMO by international conventions, particularly with respect to adoption and amendment of

measures or other provisions as provided in those conventions.
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Article 49 requires the FAL Committee to report to the Council

on the facilitation recommendations and guidelines which it has developed and on all work since the previous session.

Article 50 requires the FAL Committee to meet at least once a

year, elect its own officers and adopt its own rules of procedure.

Article 51 requires that the FAL Committee, when exercising

functions conferred upon it by any other international convention

or instrument, shall conform to the provisions of that convention or

instrument, particularly the rules-governing procedures.

—Third, the amendments renumber Parts XI to XX, and existing

Articles 47 to 77 to reflect the addition of the new provisions.

Changes are also made to references to the renumbered parts

in Articles 15 and 25(a) and to the number of the renumbered

Article referred to in Appendix II of the IMO Convention.

—Fourth, the amendments make consequential changes in references to renumbered Articles in Articles 5, 6, 7, 8, 66, 67, 68,

70, 72, 73, and 74.

II. THE 1993 AMENDMENTS

The 1993 amendments increase the size of the Council from thirty-two to forty member States to ensure adequate representation of

all 153 member States’ interests. This change is desirable because

the Council, which holds two regular sessions per year in London,

is responsible for all functions of the Assembly between the Assembly’s biennial sessions. The amendments also state the number of

Council members to be elected from each of three specified categories of members.

To effect these changes, the 1993 amendments revise three articles of the IMO Convention, as follows:

Article 16 states that the Council shall be composed of forty

members elected by the Assembly.

Article 17 provides that in electing the members of the Council,

the Assembly shall observe the following criteria:

(a) Ten shall be States with the largest interest in providing

international shipping services;

(b) Ten shall be States with the largest interest in international seaborne trade;

(c) Twenty shall be States not elected under (a) or (b) above,

which have special interests in maritime transport or navigation, and whose election to the Council will ensure the representation of all major geographic areas of the world.

Article 19(b) states that twenty-six members of the Council shall

constitute a quorum.

As of April 1, 1996, 27 members of the IMO had accepted the

1991 amendments and 35 members had accepted the 1993 amendments.

In accordance with the provisions of Article 66 of the IMO Convention, the 1991 and 1993 amendments will enter into force

twelve months after the requisite instruments from two-thirds of

the members of the Organization, i.e., 102 member governments

out of the present total membership of 153, have been deposited

with the Secretary General of the United Nations.

The U.S. Coast Guard believes that acceptance of these amendments by the United States will encourage their acceptance by
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other States and facilitate their entry into force. I concur in that

view and recommend their submission to the Senate for its advice

and consent to acceptance at an early date.

Respectfully submitted,

WARREN CHRISTOPHER.
(1)
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