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[Senate Treaty Document 104-36]
[From the U.S. Government Printing Office]



104th Congress                                              Treaty Doc.
                              SENATE

 2d Session                                                      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.


                         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 early and favorable consideration to these 
amendments and give its advice and consent to their acceptance.
                                                William J. Clinton.


                          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.
    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 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.