AGREEMENT FOR THE FACILITATION OF SEARCH FOR SHIPS IN DISTRESS AND RESCUE OF SURVIVORS O F SHIP ACCIDENTS

Transcription

1 AGREEMENT FOR THE FACILITATION OF SEARCH FOR SHIPS IN DISTRESS AND RESCUE OF SURVIVORS O F SHIP ACCIDENTS THE GOVERNMENTS OF THE REPUBLIC OF INDONESIA, MALAYSIA, THE REPUBLIC OF THE PHILIPPINES, THE REPUBLIC OF SINGAPORE AND THE KINGDOM OF THAILAND;, BEING m em bers of the A ssociation of Southeast Asian Nations (hereinafter referred to as ASEAN ) and of the Inter-G overnm ental M aritim e Consultative Organization (hereinafter referred to as IM CO); DESIRING to accelerate and intensify the im plementation of the aim s and pu rposes of ASEAN as em bodied in the ASEAN D eclaration; NOTING that the said Governm ents of the ASEAN States had on A pril 14, 1972 signed in Singapore an Agreem ent fo r the F acilitation of Search fo r A ircraft in D istress and R escue of Survivors of A ircraft A ccidents; AND CONSIDERING that, having adopted the Regulations contained in the SAFETY OF NAVIGATION, Chapter V annex to the International Convention fo r the Safety of L ife at Sea, 1960, it is in the interest of Contracting P arties to the Agreem ent to undertake to provide such m easures of assistance to ship in d istress in their te rrito rie s as they may find practicable and to perm it the ow ners of the ship or authorities of the State in which the ship is registered to provide such m easures o f assistance as may be necessitated by the circum stances;

2 2. DO HEREBY AGREE AS FOLLOW S ARTIC LE 1. The Contracting P arties undertake to provide such m easures of assistance as may be necessitated by the circum stances to ship in d istress in their te rritories and neighbouring seas as they may find practicable, ARTICLE 2 The Contracting P a rties, in providing assistance to ship in d istress and to survivors of ship accidents shall do so regard less of the nationality of such ship or su rvivors. ARTICLE 3 Each Contracting Party shall, subject to the control of its own authorities, perm it im m ediate entry of a ircraft, v e ssels, equipment. and personnel n ecessary to search fo r ship in d istress, or rescu e su rvivors of ship accidents, into any areas other than prohibited areas in which it is believed that such ship or survivors are located. Each Contracting Party shall publish, all n ecessary inform ation concerning ' such authorities and the m ea su res o f con trol exer.cised by them. ARTICLE 4 Subject to the control of their own authorities, the Contracting P arties shall make arrangem ents to ensure entry without delay into their te rrito rie s on a tem porary basis of qualified personnel required fo r search and rescu e in connection with ship in d istress. They shall facilitate the tem porary entry into their te rrito rie s of all aircraft,

3 3*. v e ssels, and equipment required for search and rescu e and shall admit these item s fre e from custom s duties and other taxes of charges and the application of regulations of any nature restrictin g the im portation of goods and their subsequent re-exportation. ARTIC LE 5 1. The com petent authorities of a C ontracting P a rty which w ish its search and rescu e units to enter the te rrito ry of another Contracting Party fo r search and rescu e purposes shall transm it a request, giving full details of the projected m ission and the necessity, th erefore, to the R escue C o-ordination Centres (RCC) of the Contracting P arty concerned or to such by the Contracting Party fo r that purpose. This request shall, when appropriate, be m ade through the m edium o f a r e sc u e plan. 2. The com petent authorities of the C ontracting P a rtie s shall a) im m ediately acknowledge receip t of the request re ferred to in A rticle 5 {1), and b) as soon as possible, indicate in the perm ission required under A rticle 3 the conditions, if any, under which the projected m ission may be undertaken. Centre (RCC) ARTICLE 6 Each Contracting P arty shall authorise its R escue Coordination a) to request from R escue C o-ordination Centres (RCC) of other Contracting P arty such assistance, including a ircraft, v e ssels, personnel and equipm ent, as m ay be needed, and

4 b) at the sam e tim e to grant any n ecessa ry p e r m ission for the flight/departure of the aircraft an d/or v essels concerned into its territory and to make the n ecessary arrangem ents with the appropriate custom s, im m igration, and other authorities to expedite the entry and transit of the a ircraft, v e sse ls, personnel and equipment provided fo r the purpose of search and rescu e; provided, that such SAR v e sse ls, aircraft and/ or personnel shall be under the operational control of the loca l RCC. ARTIC LE 7 The Contracting P arties shall co-ordin ate their search and re scu e organ izations with one another., ARTICLE 8 1, T his A greem ent is su bject to ra tifica tion by the signatory G overnm ents. 2. The instrum ents o f ra tifica tion sh all be deposited with the M inistry of F oreign A ffa irs of the R epu blic of Indonesia. T h is A greem ent is open fo r accession by a new m em ber of ASEAN. The instrum ents of accession shall be deposited with the M inistry of F oreign A ffairs of the R epublic of Indonesia. I ARTICLE 9 1. This Agreem ent shall enter into fotfce on the date on which the fifth instrument of ratification is deposited with the M inistry of F oreign A ffa irs of the R epu blic of Indonesia. 2. In r e sp e ct of a State accedin g to this A greem ent after the deposit

5 5. of the fifth instrument of ratification, this Agreem ent shall enter into fo r c e on the date of deposit by such State of its instrument of accession. If such an instrument of a ccession is deposited before the Agreem ent com es into fo r c e, it shall enter into fo rce in relation to that State on the date when the Agreem ent com es into fo rce in accordance with the preceding paragraph of this A rticle. ARTICLE 10 Any Contracting Party may propose any amendment to the provisions of this Agreem ent. Such amendment shall only com e into fo r c e after it has been accepted by all the other C ontracting P a r tie s. ARTIC LE 11 A Contracting Party may at any tim e give form al notice of its intention to withdraw from this Agreem ent and any such withdrawal shall take effect one year from the date of the notification to the M inistry of F oreign A ffairs of the Republic of Indonesia, which shall im m ediately notify all the other C ontracting P a r tie s. IN WITNESS WHEREOF the undersigned, being fu lly authorised thereto by their resp ective Governm ents, have signed this Agreem ent, DONE at Kuala Lumpur in five originals in the English Language this i5 > k day of

6 jt* w j j m n w F or the Government of the R epublic o f Indonesia F o r the Government of M alaysia F o r the Government of the Republic of the Philippines F o r the Government of the R epu blic of Singapore F or the Government of the Kingdom o f Thailand

7 7. ANNEX Unless the context otherwise provides, the follow ing definitions shall be ap plied:- Search and R escu e (SAR) Defined as the employment of available personnel and fa cilities in rendering aids to P erson s and P rop erty in d istress. R escu e C oordination Centre (RCC? A prim ary SAR fa cility suitably staffed by supervisory personnel and equipped fo r coordinating and controlling SAR operation. L oca l R escue Coordination Centre (LRCC) The Agency of a Contracting Party tasked with the collection and dissem ination of SAR inform ation fo r coordination of any se a rch and re scu e e ffo rts involved in all SAR incidents.

8 A ii M A X : l ix a:.ijo irv.riaxg Ctf XiXNi' FOX ATI3 F'iCILIT'TIOM OF :A tea fox j.ii; 1:1 d is t iu s j at.) o f g U a v i v o a s I. 2 (a) TXe.'jrooincni shall be applicable only Oivil JJiip in bistroor und shall not bt to applicable to 0 t, tc ship, ihd (b) Jb:i,. used in tar,7, customs and public services a.i 'll bo doer.^d to 'o'.; At be Ship.

9 A N ME X 3 RESERVATION. OF. THE INDONESIAN DEIjEGATION ON THE AGREEMENT FOR THE FACILITATION OF SEARCH FOR SHIPS IN DISTRESS AND RESCUE OF SURVIVORS OF SHIP ACCIDENTS a: TICLE 1 Regarding A r t ic le 1* th e Indonesian D elegation would lik e to emphasize tine Indonesian Government's understanding that fo r the purpose o f t h is Agreement the expression o f t e r r it o r i e s s h a ll in clu d e the lan d, the in te r n a l waters and the t e r r i t o r i a l seas as w e ll as the a ir -s p a c e above them as defined in accordance with In d o n e sia 's N ational L e g is la tio n.