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SHIPPINGPreviously publishedas Miscellaneous No. 8 (1991).Cm 1526Treaty Series No. 93 (1996)InternationalConvention on Salvage, 1989with Final ActLondon, 28 April 1989[The Convention entered into force on 14 July 1996]Presented to Parliamentby the Secretary of State for Foreign and Commonwealth Affairsby Command of Her MajestyNovember 1996 4.00Cm 3458

INTERNATIONAL CONVENTION ON SALVAGE, 1989The States parties to the present Convention,Recognizing the desirability of determining by agreement uniform international rulesregarding salvage operations,Noting that substantial developments, in particular the increased concern for theprotection of the environment, have demonstrated the need to review the internationalrules presently contained in the Convention for the Unification of Certain Rules of Lawrelating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910',Conscious of the major contribution which efficient and timely salvage operationscan make to the safety of vessels and other property in danger and to the protection ofthe environment,Convinced of the need to ensure that adequate incentives are available to persons whoundertake salvage operations in respect of vessels and other property in danger,Have agreed as follows:CHAPTER I-GENERAL PROVISIONSARTICLE 1DefinitionsFor the purpose of this Convention:(a) Salvage operation means any act or activity undertaken to assist a vessel or anyother property in danger in navigable waters or in any other waters whatsoever.(b) Vessel means any ship or craft, or any structure capable of navigation.(c) Property means any property not permanently and intentionally attached to theshoreline and includes freight at risk.(d) Damage to the environment means substantial physical damage to human healthor to marine life or resources in coastal or inland waters or areas adjacentthereto, caused by pollution, contamination, fire, explosion or similar majorincidents.(e) Payment means any reward, remuneration or compensation due under thisConvention.(f) Organization means the International Maritime Organization.(g) Secretary-General means the Secretary-General of the Organization.ARTICLE 2Application of the ConventionThis Convention shall apply whenever judicial or arbitral proceedings relating tomatters dealt with in this Convention are brought in a State Party.ARTICLE 3Platforms and drilling unitsThis Convention shall not apply to fixed or floating platforms or to mobile offshoredrilling units when such platforms or units are on location engaged in the explorationexploitation or production of sea-bed mineral resources.'Treaty Series No. 4 (1913), Cd. 6677.3

ARTICLE 4State-owned vessels1. Without prejudice to article 5, this Convention shall not apply to warships or othernon-commercial vessels owned or operated by a State and entitled, at the time of salvageoperations, to sovereign immunity under generally recognized principles of internationallaw unless that State decides otherwise.2. Where a State Party decides to apply the Convention to its warships or other vesselsdescribed in paragraph 1, it shall notify the Secretary-General thereof specifying theterms and conditions of such application.ARTICLE 5Salvage operations controlled by public authorities1. This Convention shall not affect any provisions of national law or any internationalconvention relating to salvage operations by or under the control of public authorities.2. Nevertheless, salvors carrying out such salvage operations shall be entitled to availthemselves of the rights and remedies provided for in this Convention in respect ofsalvage operations.3. The extent to which a public authority under a duty to perform salvage operationsmay avail itself of the rights and remedies provided for in this Convention shall bedetermined by the law of the State where such authority is situated.ARTICLE 6Salvage contracts1. This Convention shall apply to any salvage operations save to the extent that acontract otherwise provides expressly or by implication.2. The master shall have the authority to conclude contracts for salvage operations onbehalf of the owner of the vessel. The master or the owner of the vessel shall have theauthority to conclude such contracts on behalf of the owner of the property on boardthe vessel.3. Nothing in this article shall affect the application of article 7 nor duties to preventor minimize damage to the environment.ARTICLE 7Annulment and modification of contractsA contract or any terms thereof may be annulled or modified if:(a) the contract has been entered into under undue influence or the influence ofdanger and its terms are inequitable; or(b) the payment under the contract is in an excessive degree too large or too smallfor the services actually rendered.CHAPTER 11-PERFORMANCE OF SALVAGE OPERATIONSARTICLE 8Duties of the salvor and of the owner and master1.The salvor shall owe a duty to the owner of the vessel or other property in danger:(a) to carry out the salvage operations with due care;(b) in performing the duty specified in subparagraph (a), to exercise due care toprevent or minimize damage to the environment;(c) whenever circumstances reasonably require, to seek assistance from other salvors;and4

(d) to accept the interventionby the owner or masterhowever that the amountfound that such a requestof other salvors when reasonably requested to do soof the vessel or other property in danger; providedof his reward shall not be prejudiced should it bewas unreasonable.2. The owner and master of the vessel or the owner of other property in danger shallowe a duty to the salvor:(a) to co-operate fully with him during the course of the salvage operations;(b) in so doing, to exercise due care to prevent or minimize damage to the environment;and(c) when the vessel or other property has been brought to a place of safety, toaccept delivery when reasonably requested by the salvor to do so.ARTICLE 9Rights of coastal StatesNothing in this Convention shall affect the right of the coastal State concerned totake measures in accordance with generally recognized principles of international law toprotect its coastline or related interests from pollution or the threat of pollution followingupon a maritime casualty or acts relating to such.a casualty which may reasonably beexpected to result in major harmful consequences, including the right of a coastal Stateto give directions in relation to salvage operations.ARTICLE 10Duty to render assistance1. Every master is bound, so far as he can do so without serious danger to his vesseland persons thereon, to render assistance to any person in danger of being lost at sea.2. The States Parties shall adopt the measures necessary to enforce the duty set out inparagraph 1.3. The owner of the vessel shall incur no liability for a breach of the duty of the masterunder paragraph 1.ARTICLE 11Co-operationA State Party shall, whenever regulating or deciding upon matters relating to salvageoperations such as admittance to ports of vessels in distress or the provision of facilitiesto salvors, take into account the need for co-operation between salvors, other interestedparties and public authorities in order to ensure the efficient and successful performanceof salvage operations for the purpose of saving life or property in danger as well aspreventing damage to the environment in general.CHAPTER III-RIGHTS OF SALVORSARTICLE 12Conditions for reward1.Salvage operations which have had a useful result give right to a reward.2. Except as otherwise provided, no payment is due under this Convention if the salvageoperations have had no useful result.3. This chapter shall apply, notwithstanding that the salved vessel and the vesselundertaking the salvage operations belong to the same owner.5

ARTICLE 13Criteria for fixing the reward1. The reward shall be fixed with a view to encouraging salvage operations, taking intoaccount the following criteria without regard to the order in which they are presentedbelow:(a) the salved value of the vessel and other property;(b) the skill and efforts of the salvors in preventing or minimizing damage to theenvironment;(c) the measure of success obtained by the salvor;(d) the nature and degree of the danger;(e) the skill and efforts of the salvors in salving the vessel, other property and life;(f) the time used and expenses and losses incurred by the salvors;(g) the risk of liability and other risks run by the salvors or their equipment;(h) the promptness of the services rendered;(i) the availability and use of vessels or other equipment intended for salvageoperations;(j) the state of readiness and efficiency of the salvor's equipment and the valuethereof.2. Payment of a reward fixed according to paragraph 1 shall be made by all of thevessel and other property interests in proportion to their respective salved values. However,a State Party may in its national law provide that the payment of a reward has to bemade by one of these interests, subject to a right of recourse of this interest against theother interests for their respective shares. Nothing in this article shall prevent any rightof defence.3. The rewards, exclusive of any interest and recoverable legal costs that may be payablethereon, shall not exceed the salved value of the vessel and other property.ARTICLE 14Special compensation1. If the salvor has carried out salvage operations in respect of a vessel which by itselfor its cargo threatened damage to the environment and has failed to earn a reward underarticle 13 at least equivalent to the special compensation assessable in accordance withthis article, he shall be entitled to special compensation from the owner of that vesselequivalent to his expenses as herein defined.2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operationshas prevented or minimized damage to the environment, the special compensation payableby the owner to the salvor under paragraph 1 may be increased up to a maximum of30 per cent of the expenses incurred by the salvor. However, the tribunal, if it deems itfair and just to do so and bearing in mind the relevant criteria set out in article 13,paragraph 1, may increase such special compensation further, but in no event shall thetotal increase be more than 100 per cent of the expenses incurred by the salvor.3. Salvor's expenses for the purpose of paragraphs 1 and 2 means the out-of-pocketexpenses reasonably incurred by the salvor in the salvage operation and a fair rate forequipment and personnel actually and reasonably used in the salvage operation, takinginto consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).4. The total special compensation under this article shall be paid only if and to theextent that such compensation is greater than any reward recoverable by the salvor underarticle 13.5. If the salvor has been negligent and has thereby failed to prevent or minimize damageto the environment, he may be deprived of the whole of part of any special compensationdue under this article.6. Nothing in this article shall affect any right of recourse on the part of the owner ofthe vessel.6

ARTICLE 15Apportionment between salvors1. The apportionment of a reward under article 13 between salvors shall be made onthe basis of the criteria contained in that article.2. The apportionment between the owner, master and other persons in the service ofeach salving vessel shall be determined by the law of the flag of that vessel. If the salvagehas not been carried out from a vessel, the apportionment shall be determined by thelaw governing the contract between the salvor and his servants.ARTICLE 16Salvage of persons1. No remuneration is due from persons whose lives are saved, but nothing in this articleshall affect the provisions of national law on this subject.2.oftotoA salvor of human life, who has taken part in the services rendered on the occasionthe accident giving rise to salvage, is entitled to a fair share of the payment awardedthe salvor for salving the vessel or other property or preventing or minimizing damagethe environment.ARTICLE 17Services rendered under existing contractsNo payment is due under the provisions of this Convention unless the servicesrendered exceed what can be reasonably considered as due performance of a contractentered into before the danger arose.ARTICLE 18The effect of salvor 's misconductA salvor may be deprived of the whole or part of the payment due under thisConvention to the extent that the salvage operations have become necessary or moredifficult because of fault or neglect on his part of if the salvor has been guilty of fraudor other dishonest conduct.ARTICLE 19Prohibition of salvage operationsServices rendered notwithstanding the express and reasonable prohibition of theowner or master of the vessel or the owner of any other property in danger which isnot and has not been on board the vessel shall not give rise to payment under thisConvention.CHAPTER IV-CLAIMS AND ACTIONSARTICLE 20Maritime lien1. Nothing in this Convention shall affect the salvor's maritime lien under any internationalconvention or national law.2. The salvor may not enforce his maritime lien when satisfactory security for his claim,including interest and costs, has been duly tendered or provided.7

ARTICLE 21Duty to provide security1. Upon the request of the salvor a person liable for a payment due under this Conventionshall provide satisfactory security for the claim, including interest and costs of the salvor.2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his bestendeavours to ensure that the owners of the cargo provide satisfactory security for theclaims against them including interest and costs before the cargo is released.3. The salved vessel and other property shall not, without the consent of the salvor, beremoved from the port or place at which they first arrive after the completion of thesalvage operations until satisfactory security has been put up for the salvor's claim againstthe relevant vessel or property.ARTICLE 22Interim payment1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision,order that the salvor shall be paid on account such amount as seems fair and just, andon such terms including terms as to security where appropriate, as may be fair and justaccording to the circumstances of the case.2. In the event of an interim payment under this article the security provided underarticle 21 shall be reduced accordingly.ARTICLE 23Limitation of actions1. Any action relating to payment under this Convention shall be time-barred if judicialor arbitral proceedings have not been instituted within a period of two years. Thelimitation period commences on the day on which the salvage operations are terminated.2. The person against whom a claim is made may at any time during the running ofthe limitation period extend that period by a declaration to the claimant. This periodmay in the like manner be further extended.3. An action for indemnity by a person liable may be instituted even after the expirationof the limitation period provided for in the preceding paragraphs, if brought within thetime allowed by the law of the State where proceedings are instituted.ARTICLE 24InterestThe right of the salvor to interest on any payment due under this Convention shallbe determined according to the law of the State in which the tribunal seized of the caseis situated.ARTICLE 25State-owned cargoesUnless the State owner consents, no provision of this Convention shall be used as abasis for the seizure, arrest or detention by any legal process of, nor for any proceedingsin return against, non-commercial cargoes owned by a State and entitled, at the time ofthe salvage operations, to sovereign immunity under generally recognized principles ofinternational law.8

ARTICLE 26Humanitarian cargoesNo provision of this Convention shall be used as a basis for the seizure, arrest ordetention of humanitarian cargoes donated by a State, if such State has agreed to payfor salvage services rendered in respect of such humanitarian cargoes.ARTICLE 27Publication of arbitral awardsStates Parties shall encourage, as far as possible and with the consent of the parties,the publication of arbitral awards made in salvage cases.CHAPTER V-FINAL CLAUSESARTICLE 28Signature , ratification , acceptance , approval and accession1. This Convention shall be open for signature at the Headquarters of the Organizationfrom 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.2.States may express their consent to be bound by this Convention by:(a) signature without reservation as to ratification, acceptance or approval; or(b) signature subject to ratification, acceptance or approval, followed by ratification,acceptance or approval; or(c) accession.3. Ratification, acceptance, approval or accession shall be effected by the deposit of aninstrument to that effect with the Secretary-General.ARTICLE 29Entry into force1. This Convention' shall enter into force one year after the date on which 15 Stateshave expressed their consent to be bound by it.2. For a State which expresses its consent to be bound by this Convention after theconditions for entry into force thereof have been met, such consent shall take effect oneyear after the date of expression of such consent.ARTICLE 30Reservations1. Any State may, at the time of signature, ratification, acceptance, approval or accession,reserve the right not to apply the provisions of this Convention:(a) when the salvage operation takes place in inland waters and all vessels involvedare of inland navigation;(b) when the salvage operations take place in inland waters and no vessel is involved;(c) when all interested parties are nationals of that State;(d) when the property involved is maritime cultural property of prehistoric,archaeological or historic interest and is situated on the sea-bed.2. Reservations made at the time of signature are subject to confirmation upon ratification,acceptance or approval.3. Any State which has made a reservation to this Convention may withdraw it at anytime by means of a notification addressed to the Secretary-General. Such withdrawalshall take effect on the date the notification is received. If the notification states that the'Entered into force 14 July 1996.9

withdrawal of a reservation is to take effect on a date specified therein, and such dateis later than the date the notification is received by the Secretary-General, the withdrawalshall take effect on such later date.ARTICLE 31Denunciation1.This Convention may be denounced by any State Party at any time after the expiryof one year from the date on which this Convention enters into force for that State.2. Denunciation shall be effected by the deposit of an instrument of denunciation withthe Secretary-General.3. A denunciation shall take effect one year, or such longer period as may be specifiedin the instrument of denunciation, after the receipt of the instrument of denunciationby the Secretary-General.ARTICLE 32Revision and amendment1. A conference for the purpose of revising or amending this Convention may beconvened by the Organization.2. The Secretary General shall convene a conference of the States Parties to thisConvention for revising or amending the Convention, at the request of eight StatesParties, or one fourth of the States Parties, whichever is the higher figure.3. Any consent to be bound by this Convention expressed after the date of entry intoforce of an amendment to this Convention shall be deemed to apply to the Conventionas amended.ARTICLE 33Depositary1.This Convention shall be deposited with the Secretary-General.2.The Secretary - General shall:(a) inform all States which have signed this Convention or acceded thereto , and allMembers of the Organization, of(i) each new signature or deposit of an instrument of ratification , acceptance,approval or accession together with the date thereof;(ii) the date of the entry into force of this Convention;(iii) the deposit of any instrument of denunciation of this Convention togetherwith the date on which it is received and the date on which the denunciationtakes effect;(iv) any amendment adopted in conformity with article 32;(v) the receipt of any reservation , declaration or notification made under thisConvention;(b) transmit certified true copies of this Convention to all States which have signedthis Convention or acceded thereto.3. As soon as this Convention enters into force, a certified true copy thereof shall betransmitted by the Depositary to the Secretary-General of the United Nations forregistration and publication in accordance with Article 102 of the Charter of the UnitedNations.10

ARTICLE 34LanguagesThis Convention is established in a single original in the Arabic, Chinese, English,French, Russian and Spanish languages, each text being equally authentic.In Witness Whereof the undersigned being duly authorized by their respectiveGovernments for that purpose have signed this Convention.Done at London this twenty-eighth day of April one thousand nine hundred andeighty-nine.11

CONTRACTING STATESStateDate of SignatureCanada*'China * *'Denmark11 June19902 April199021 March23 May19901990Egypt * *Finland *Germany, Federal Republic of ***Iran , Islamic Republic of **'Ireland, Republic of *1Italy *MexicoNetherlands NigeriaNorway ***OmanPo l an d ***Saudi Arabia * * ISpain'Sweden ***SwitzerlandUnion of Soviet Socialist Republics ***United Arab Emirates **United Kingdom *1,2United States of ne1990March1990March19901 2 June19 9027262929JuneMarchJuneJune199019901990199028 June19 March19901990Date of 91161410AugustJanuaryJulyOctober199419951995199111 October199014 October199116 December 199112 March19934 October 199329 September 199427 March1992*RatifledAcceded*** SignaturesSubject to acceptance ' For the text of a reservation or statement , see Declarations , Reservations and Statements.2The United Kingdom declared its ratification to be effective in respect of:The Bailiwick of JerseyThe Isle of ManFalkland Islands*MontserratSouth Georgia and the South Sandwich Islands*The depositary received the following communication , dated 6 February 1995, from the Charge d'affaires a.i.,Embassy of the Argentine Republic, London:(translation). the Argentine Government rejects the statement made by the United Kingdom of Great Britain andNorthern Ireland on ratifying the International Convention on Salvage , 1989. In that statement , ratification wasdeclared to be effective in respect of the Malvinas Islands, South Georgia and South Sandwich Islands. The ArgentineRepublic reaffirms its sovereignty over these islands and their surrounding maritime spaces, which constitute anintegral part of its national territory.The Argentine Republic recalls the adoption , by the General Assembly of the United Nations, of resolutions2065 (XX), 3160 (XXVIII ), 31/49, 37/9, 38/12, 39/6, 40/21, 41 /41, 42/19 and 43/25, acknowledging the existence of adispute concerning sovereignty and urging the Governments of the Artgentine Republic and of the United Kingdomof Great Britain and Northern Ireland to enter into negotiations with a view to identifying means of .pacific andfinal settlement of the outstanding problems between the two countries, including all matters concerning the futureof the Malvinas Islands , in accordance with the Charter of the United Nations."The depositary received the following communication , dated 9 May 1995, from the Foreign and CommonwealthOffice, London:. The Government of the United Kingdom of Great Britain and Northern Ireland have noted the declarationof the Government of Argentina regarding the extension by the United Kingdom of the application of the Conventionto the Falkland Islands and to South Georgia and the South Sandwich Islands.The British Government have no doubt about the sovereignty of the United Kingdom over the FalklandIslands and over South Georgia and the South Sandwich Islands and their consequential right to extend the saidConvention to these Territories. The British Government reject as unfounded the claims by the Government ofArgentina."12

DECLARATIONS, RESERVATIONS AND STATEMENTSCanadaThe instrument of ratification of Canada was accompanied by the following reservation:"Pursuant to Article 30 of the International Convention on Salvage, 1989, theGovernment of Canada reserves the right not to apply the provisions of this Conventionwhen the property involved is maritime cultural property of prehistoric, archaeologicalor historic interest and is situated on the sea-bed."ChinaThe instrument of accession of the People's Republic of China contained the followingstatement:[Translation]"that in accordance with the provisions of article 30, paragraph 1 of the InternationalConvention on Salvage, 1989, the Government of the People's Republic of China reservesthe right not to apply the provisions of article 30, paragraphs 1(a), (b) and (d) of thesaid Convention."Islamic Republic of IranThe instrument of accession of the Islamic Republic of Iran contained the followingreservation:"The Government of the Islamic Republic of Iran reserves the right not to applythe provisions of this Convention in the cases mentioned in article 30, paragraphs 1(a),(b), (c) and (d)."IrelandThe instrument of ratification of Ireland contained the following reservation:". reserve the right of Ireland not to apply the provisions of the Conventionspecified in article 30(1)(a) and (b) thereof."MexicoThe instrument of ratification of Mexico contained the following reservation anddeclaration:[Translation]"The Government of Mexico reserves the right not to apply the provisions of thisConvention in the cases mentioned in article 30, paragraphs 1(a), (b), (c) and (d), pointingout at the same time that it considers salvage as a voluntary act."Saudi ArabiaThe instrument of accession of Saudi Arabia contained the following reservations:[Translation]"1. This instrument of accession does not in any way whatsoever mean the recognitionof Israel; and2. the Kingdom of Saudi Arabia reserves its right not to implement the rules of thisinstrument of accession to the situations indicated in paragraphs (a), (b), (c) and (d) ofarticle 30 of this instrument."13

SpainThe following reservations were made at the time of signature of the Convention:[Translation]"In accordance with the provisions of article 30.1(a), 30.1(b) and 30.1(d) of theInternational Convention on Salvage, 1989, the Kingdom of Spain reserves the right notto apply the provisions of the said Convention:- when the salvage operation takes place in inland waters and all vessels involvedare of inland navigation;- when the salvage operations take place in inland waters and no vessel is involved.For the sole purposes of these reservations, the Kingdom of Spain understands by inland waters' not the waters envisaged and regulated under the name of internal waters'in the United Nations Convention of the Law of the Sea but continental waters thatare not in communication with the waters of the sea and are not used by seagoing vessels.In particular, the waters of ports, rivers, estuaries, etc., which are frequented by seagoingvessels are not considered as inland waters':- when the property involved in maritime cultural property of prehistoric,archaeological or historic interest and is situated on the sea-bed".United KingdomThe instrument of ratification of the United Kingdom of Great Britain and NorthernIreland contained the following reservation:"In accordance with the provisions of article 30, paragraph 1(a), (b) and (d) of theConvention, the United Kingdom reserves the right not to apply the provisions of theConvention when:- the salvage operation takes place in inland waters and all vessels involved are ofinland navigation; or- the salvage operations take place in inland waters and no vessel is involved; or- the property involved is maritime cultural property of prehistoric, archaeologicalor historic interest and is situated on the sea-bed."14

FINAL ACT OF THE INTERNATIONAL CONFERENCE ON SALVAGE, 19891. In accordance with Article 2(b) of the Convention on the International MaritimeOrganization, the Council of the Organization decided, at its fourteenth extraordinarysession in November 1987, to convene an international conference to consider the adoptionof a new convention on the law of salvage. This decision was endorsed by the Assemblyof the Organization at its fifteenth regular session by resolution A.633(15) of 20 November1987 on the work programme and budget for the fifteenth financial period 1988-1989.2. The Conference was held in London, at the Headquarters of the InternationalMaritime Organization, from 17 to 28 April 1989.3. Representatives of 66 States participated in the Conference, namely the biaCongoCote d'IvoireCubaCyprusCzechoslovakiaDemocratic People's Republicof KoreaDemocratic YemenDenmarkEcuadorEgyptFinlandFranceGabonGerman Democratic RepublicGermany, Federal Republic ofGhanaGreeceHungaryIndiaIndonesiaIran (Islamic Republic alaysiaMarshall PeruPolandPortugalRepublic of KoreaSaudi yUnion of Soviet Socialist RepublicsUnited Kingdom of Great Britainand Northern IrelandUnited States of AmericaUruguayVenezuelaYugoslaviaZaireThe following State sent an observer to the Conference:Romania5. Hong Kong, an Associate Member of the International Maritime Organization, sentobservers to the Conference.6.A representative of the following body of the United Nations attended the Conference:Office of the United Nations High Commissioner for Refugees (UNHCR)7

1. Salvage operations which have had a useful result give right to a reward. 2. Exceptas otherwise provided, nopaymentis dueunderthis Convention if the salvage operations have had no useful result. 3. This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner. 5