On the ratification of the Nairobi International Convention on the Removal of Wrecks in 2007

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The Law of the Republic of Kazakhstan dated March 31, 2021 No. 25-VII SAM.

To ratify the Nairobi International Convention on the Removal of Wrecks of 2007, done in Nairobi on May 18, 2007.

President

Republic of Kazakhstan

K. TOKAEV

Nairobi International Convention on the Removal of Wrecks, 2007

THE STATES PARTIES TO THIS CONVENTION,

AWARE of the fact that wrecks, if not removed, may pose a danger to navigation or the marine environment,

CONVINCED of the need to adopt uniform international rules and procedures in order to ensure the prompt and effective removal of wrecks and compensation for related costs,

NOTING that many wrecks may be located on the territory of States, including the territorial sea,

RECOGNIZING the benefits of the unification of legal regimes governing liability in relation to the disposal of dangerous wrecks,

BEARING in MIND the importance of the United Nations Convention on the Law of the Sea, adopted at Montego Bay on 10 December 1982, and customary international maritime law, and the consequent need to implement this Convention in accordance with such provisions,

HAVE AGREED on the following:

Article 1 Definitions

For the purposes of this Convention:

1 "Convention area" means the exclusive economic zone of a State Party established in accordance with international law, or, if the State Party has not established such a zone, an area located outside the territorial sea of that State and adjacent to it, established by that State in accordance with international law and extending no more than 200 nautical miles, measured from the baselines from which the width of its territorial sea is measured.

2 "Vessel" means a marine vessel of any type and includes hydrofoils, hovercrafts, underwater vehicles, floating vehicles and floating platforms, except in cases where such platforms carry out exploration, development or production of seabed mineral resources at their locations.

3 "Marine accident" means a collision of ships, a run-in, another navigational incident or other incident on board or off a ship that has resulted in material damage or imminent threat of material damage to the ship or its cargo.

4 "Shipwreck" resulting from a maritime accident means:

(a) A sunken or stranded vessel; or

(b) Any part of a sunken or stranded vessel, including any object that is or has been on board such vessel; or

(d) A vessel that is about to sink or run aground, or that can reasonably be expected to sink or run aground, if effective measures are no longer being taken to provide assistance to the vessel or any property in danger.

5 "Danger" means any condition or threat that:

(a) Pose a danger or obstacle to navigation; or

b) It can reasonably be assumed that they will lead to serious harmful consequences for the marine environment or cause damage to the coast or related interests of one or more States.

6 "Related interests" means the interests of the coastal State directly affected by or threatened by the wreck, in particular:

(a) Activities on the seashore, in ports or estuaries, including fishing, which are a significant source of livelihood for the people involved in them;

b) attractiveness for tourism and other economic interests of the area;

(c) The health of the coastal population and the well-being of the area, including the conservation of marine living resources, flora and fauna; and

(d) Coastal and underwater infrastructure.

7 "Removal" means any form of prevention, reduction or elimination of the danger posed by a wreck. The word "delete" is interpreted accordingly.

8 "Registered owner" means the person or persons registered as the owner of the vessel, and in the absence of registration - the person or persons whose property the vessel is at the time of the maritime accident. However, when a ship is owned by a State and operated by a company that is registered in that State as the ship's operator, "registered owner" means such a company.

9 "Vessel operator" means the owner of the vessel or any other organization or person, such as a manager or bareboat charterer, who has assumed responsibility for the operation of the vessel from the owner of the vessel and who has agreed to assume all duties and responsibilities established by the International Safety Management Code as amended.

10 "Affected State" means the State in whose area of the Convention the wreck is located.

11. "State of registration of a vessel" means, in relation to a registered vessel, the State in which the vessel is registered, and in relation to an unregistered vessel, the State under whose flag the vessel has the right to sail.

12 "Organization" means the International Maritime Organization.

13 "Secretary-General" means the Secretary-General of the Organization.

Article 2 Objectives and general principles

1 A State Party may take measures in accordance with this Convention with respect to the disposal of a wreck that poses a danger in the Convention area.

2 The measures taken by the affected State in accordance with paragraph 1 must be proportionate to the danger.

3 Such measures should not exceed the measures reasonably necessary to remove a dangerous wreck and should be terminated as soon as the wreck is removed; they should not unnecessarily violate the rights and interests of other States, including the State of registry of the ship, and any interested natural or legal persons.

4 The application of this Convention within the Convention area does not entitle a State Party to claim sovereignty or sovereign rights or to exercise them in respect of any part of the high seas.

5 The Participating States shall seek to cooperate when the consequences of a maritime accident resulting in a shipwreck extend to a State other than the affected State.

Article 3 Scope of application

1 Unless otherwise provided in this Convention, this Convention applies to shipwrecks in the Convention area.

2 A State Party may extend the application of this Convention to shipwrecks located within its territory, including the territorial sea, subject to the provisions of paragraph 4 of article 4. In this case, it shall notify the Secretary-General accordingly at the time of expressing its consent to be bound by this Convention or at any time thereafter. A notification made by a State Party on the application of this Convention to wrecks located within its territory, including the territorial sea, shall not affect the rights and obligations of that State to take measures with respect to wrecks located on its territory, including the territorial sea, other than locating, marking and disposal in accordance with this Convention. The provisions of articles 10, 11 and 12 of this Convention shall not apply to measures taken in this way other than those referred to in articles 7, 8 and 9 of this Convention.

3 If a State Party has made a notification pursuant to paragraph 2, the "Convention area" of the affected State covers the territory, including the territorial sea, of that State Party.

4 A notification made pursuant to paragraph 2 above, if it was made before the entry into force of this Convention for that State, shall become effective for that State Party from the date of entry into force. If notification is made after the entry into force of this Convention for that State Party, it shall take effect six months after receipt of the notification by the Secretary-General.

5 A State Party that has made a notification pursuant to paragraph 2 may withdraw it at any time by notification of withdrawal addressed to the Secretary-General. Such notification of withdrawal shall become effective six months after its receipt by the Secretary-General, unless the notification specifies a later date.

Article 4 Exceptions

1 This Convention does not apply to measures taken on the basis of the International Convention on Intervention on the High Seas in Cases of Accidents Resulting in Oil Pollution, 1969, as amended, or the Protocol on Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, 1973, as amended.

2 This Convention does not apply to warships or other vessels owned or operated by a State and currently used only for government non-commercial service, unless that State decides otherwise.

3 If a State Party decides to apply this Convention to its warships or other vessels referred to in paragraph 2, it shall notify the Secretary-General thereof, specifying the conditions for such application.

4 (a) If a State Party has made a notification pursuant to paragraph 2 of article 3, the following provisions of this Convention shall not apply to its territory, including the territorial sea:

(i) Article 2, paragraph 4;

(ii) Paragraphs 1, 5, 7, 8, 9 and 10 of article 9; and

(iii) Article 15.

(b) Paragraph 4 of article 9, insofar as it applies to the territory, including the territorial sea, of a State Party, reads as follows:

Subject to the national legislation of the affected State, the registered owner may enter into a contract with a salvage worker or other person to remove a wreck that has been determined to pose a danger, at the expense of the owner. Before such disposal begins, the affected State may establish conditions for such disposal only to the extent necessary to ensure that disposal is carried out taking into account safety and protection of the marine environment.

Article 5 Reports of shipwrecks

1 A State Party shall require the captain and operator of a vessel flying its flag to promptly inform the affected State of cases in which that vessel has been involved in a maritime accident resulting in a shipwreck. To the extent that either the captain or the operator of the vessel has fulfilled the obligation provided for in this article to send a message, the other of them is not obliged to send a message.

2 Such communications should contain the name and location of the registered owner's main place of business and all relevant information necessary for the affected State to determine whether the wreck poses a danger in accordance with Article 6, including:

a) the exact location of the wreck;

(b) The type, dimensions and construction of the wreck;

(d) The nature and quantity of the cargo, in particular any dangerous and noxious substances; and

e) the quantity and types of petroleum products on board, including bunker fuel and lubricating oil.

Article 6 Definition of danger

When determining whether a sunken vessel poses a danger, the affected State should take into account the following factors::

(a) The type, dimensions and construction of the wreck;

b) the depth of the water in the area;

(d) Particularly vulnerable marine areas identified and, as appropriate, designated in accordance with guidelines adopted by the Organization, or a clearly designated area of the exclusive economic zone for which special mandatory measures have been taken in accordance with paragraph 6 of article 211 of the 1982 United Nations Convention on the Law of the Sea;

e) proximity of shipping lanes or established traffic lanes;

(f) Density and frequency of vessel traffic;

g) type of movement;

(h) The nature and quantity of cargo on the wreck, the quantity and types of petroleum products (e.g. bunker fuel and lubricating oil) on board the wreck, and in particular the damage that may be caused if the cargo or petroleum products enter the marine environment;

(i) Vulnerability of port facilities;

(j) Prevailing meteorological and hydrographic conditions;

(k) The underwater topography of the area;

l) the height of the wreck above or below the water at minimum astronomical tide;

m) acoustic and magnetic profiles of the sunken vessel;

(n) The proximity of coastal installations, pipelines, telecommunication cables and similar structures; and

o) any other circumstances that may necessitate the removal of the wreck.

Article 7 Locating wrecks

1 Upon receiving news of a wreck, the affected State shall use all practicable means, including the good offices of States and organizations, to promptly alert seafarers and interested States of the nature and location of the wreck.

2 If the affected State has reason to believe that the wreck is dangerous, it shall ensure that all practicable measures are taken to establish the exact location of the wreck.

Article 8 Designation of wrecks

1 If the affected State determines that the wreck is dangerous, that State shall ensure that all reasonable measures are taken to designate the wreck.

2 When marking a wreck, all practicable measures are taken to ensure that the signs comply with the internationally recognized system of navigation barriers used in the area where the wreck is located.

3 The affected State shall disseminate information on the designation of the wreck through the use of all appropriate means, including appropriate navigation publications.

Article 9 Measures to facilitate the removal of wrecks

1 If the affected State determines that the wreck is dangerous, that State shall immediately:

(a) Inform the State of registration of the vessel and the registered owner; and

(b) Initiate consultations with the ship's State of registry and other States affected by the wreck regarding the measures to be taken in relation to the wreck.

2 The registered owner removes a sunken vessel that has been determined to be dangerous.

3 If it is determined that the wreck is dangerous, the registered owner or another interested party shall provide the competent authority of the affected State with proof of insurance or other financial security as required by article 12.

4 The registered owner may enter into a contract with a salvage worker or other person to remove a wreck that has been determined to pose a danger, at the expense of the owner. Before such disposal begins, the affected State may establish conditions for such disposal only to the extent necessary to ensure that disposal is carried out taking into account safety and protection of the marine environment.

5 After the commencement of the disposal referred to in paragraphs 2 and 4, the affected State may intervene in the disposal only to the extent necessary to ensure that the disposal is carried out effectively, taking into account safety and protection of the marine environment.

6 The affected State:

(a) Establish a reasonable time limit within which the registered owner must remove the wreck, taking into account the nature of the danger identified in accordance with article 6;

(b) Inform the registered owner in writing of the time limit it has set and indicate that if the registered owner does not remove the wreck within that time limit, it may itself remove the wreck at the expense of the registered owner; and

c) informs the registered owner in writing of its intention to immediately intervene if the danger becomes particularly serious.

7 If the registered owner does not remove the wreck within the time limit set in accordance with paragraph 6 (a), or if contact cannot be established with the registered owner, the affected State may remove the wreck by the most practical and expeditious means available, taking into account safety and protection of the marine environment.

8 In circumstances where immediate action is necessary and the affected State has informed the State of registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, taking into account safety and protection of the marine environment.

9 States Parties shall take appropriate measures in accordance with their national legislation to ensure that their registered owners comply with the provisions of paragraphs 2 and 3.

10 The Participating States shall allow the affected State to act in accordance with paragraphs 4 to 8 when required.

11 The information referred to in this article shall be provided by the affected State to the registered owner indicated in the communications referred to in paragraph 2 of Article 5.

Article 10 Liability of the owner

1 Subject to the provisions of article 11, the registered owner shall be responsible for the costs of locating, marking and removing the wreck in accordance with articles 7, 8 and 9, respectively, unless the registered owner proves that a maritime accident resulting in the wreck:

a) was the result of military actions, hostile actions, civil war, insurrection or a natural phenomenon, exceptional in its nature, inevitable and insurmountable;

(b) Was entirely caused by the actions or omissions of third parties with the intent to cause damage; or

(c) Was entirely caused by the negligence or other misconduct of the Government or other authority responsible for the maintenance of lights or other navigational aids in the performance of this function.

2 Nothing in this Convention affects the right of a registered owner to limit his liability under any applicable national or international regime, such as the Convention on the Limitation of Liability for Maritime Claims, 1976, as amended.

3 No claim for reimbursement of the expenses referred to in paragraph 1 may be brought against the registered owner except in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under paragraph 2 of article 3 in respect of wrecks located on its territory, including the territorial sea, other than the rights and obligations relating to the location, designation and disposal in accordance with this Convention.

4 Nothing in this Convention affects the right of recourse to third parties.

Article 11 Exclusions from liability

1 The registered owner shall not be liable under this Convention for the expenses referred to in paragraph 1 of article 10, if and to the extent that liability for such expenses would be contrary to:

(a) The International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended;

(b) The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Dangerous and Noxious Substances by Sea, 1996, as amended;

(c) The 1960 Convention on Liability to Third Parties in the Field of Nuclear Energy, as amended, or the 1963 Vienna Convention on Civil Liability for Nuclear Damage, as amended, or national legislation governing or prohibiting the limitation of liability for nuclear damage; or

(d) The International Convention on Civil Liability for Bunker Fuel Pollution Damage, 2001, as amended,

provided that the relevant convention is applicable and in force.

2 To the extent that measures taken under this Convention are considered rescue by virtue of applicable national legislation or an international convention, such legislation or convention shall apply to remuneration or compensation paid to rescuers, as an exception to the rules of this Convention.

Article 12 Compulsory insurance or other financial security

1 The registered owner of a vessel with a gross tonnage of 300 or more flying the flag of a State Party must, in order to cover his liability under this Convention, insure or provide other financial security, such as a guarantee from a bank or similar institution, for an amount equal to the limit of his liability under the applicable national or international liability limitation regime, but in any case in this case, not exceeding the amount, calculated in accordance with paragraph 1 (b) of article 6 of the Convention on the Limitation of Liability for Maritime Claims, 1976, as amended.

2 A certificate certifying the existence of insurance or other financial security valid in accordance with the provisions of this Convention shall be issued to each vessel with a gross tonnage of 300 or more by the relevant authority of the State of registry of the vessel after it determines that the requirements of paragraph 1 have been fulfilled. In respect of a vessel registered in a participating State, such a certificate shall be issued or certified by the relevant authority of the State of registration of the vessel.; In respect of a vessel not registered in a State Party, it may be issued or certified by the appropriate authority of any State Party. This certificate of compulsory insurance must conform in form to the model given in the annex to this Convention and contain the following information:

a) the name of the vessel, its call sign and the port of registration;

(b) Gross tonnage of the vessel;

c) the name and location of the main business of the registered owner;

(d) The IMO identification number of the vessel;

e) type and duration of the security;

f) the name and location of the main business of the insurer or other person who provided the security, and, where appropriate, the location of the company that provided the insurance or security;

g) the validity period of the certificate, which may not exceed the validity period of insurance or other security.

3 (a) A State Party may authorize an institution or organization recognized by it to issue the certificate referred to in paragraph 2. Such an institution or organization shall inform that State of the issuance of each certificate. In any case, the State Party fully guarantees the completeness and accuracy of the certificate so issued and undertakes to take the necessary measures to fulfill this obligation.

(b) The State Party shall notify the Secretary-General of:

(i) The specific responsibilities of the institution or organization recognized by that State Party and the terms of the powers granted to them;

(ii) Revocation of such authority; and

(iii) The date on which such authority or revocation of such authority becomes effective.

The powers granted shall become effective no earlier than three months after the date on which notification is made to the Secretary-General for this purpose.

(c) An institution or organization authorized to issue certificates in accordance with this paragraph should, at a minimum, be authorized to revoke these certificates if the conditions under which they were issued are not met. In any case, the institution or organization shall inform the State on whose behalf the certificate was issued of such withdrawal.

4 The certificate shall be drawn up in the official language or languages of the State in which it is issued. If this language is not English, Spanish or French, the text must contain a translation into one of these languages, and if the State decides to do so, the official language(s) of that State may not be used.

5 The certificate shall be kept on board the vessel, and a copy thereof shall be deposited with the authority maintaining the ship registry or, if the vessel is not registered in a participating State, with the authority of the State in which the certificate is issued or certified.

6 Insurance or other financial security does not meet the requirements of this article if its validity may be terminated for reasons other than the expiration of the period of validity of the insurance or security specified in the certificate in accordance with paragraph 2, before the expiration of three months from the date of notification of such termination to the authority specified in paragraph 5, except in cases when the certificate is cancelled by this authority or when a new certificate was issued during this period. The preceding provisions shall apply in the same way to any modification as a result of which the insurance or security ceases to meet the requirements of this article.

7 Subject to the provisions of this article and taking into account any guidelines adopted by the Organization regarding the financial responsibility of registered owners, the State of registration of the vessel shall determine the conditions for the issuance and validity of the certificate.

8 Nothing in this Convention may be interpreted as preventing a State Party from relying on information received from other States or Organizations or other international organizations regarding the financial situation of insurers or other persons who have provided financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as the issuing State of the certificate required by paragraph 2.

9 Certificates issued or certified within the competence of a State Party shall be recognized by other States Parties for the purposes of this Convention and shall be considered by other States Parties to have the same validity as certificates issued or certified by them, even if they are issued or certified in respect of a vessel not registered in a State Party. A State Party may at any time request advice from the State that issued or certified the certificate if it considers that the insurer or guarantor named in the certificate is financially unable to meet the obligations imposed by this Convention.

10 Any claim for reimbursement of expenses arising on the basis of this Convention may be brought directly against the insurer or against another person who provided financial security for the liability of the registered owner. In such a case, the defendant may submit those objections to which the registered owner would have the right to refer (except for references to bankruptcy or liquidation of the registered owner's enterprise), including limitation of liability under any applicable national or international regime. In addition, even if the registered owner does not have the right to limit his liability, the defendant may limit liability to an amount equal to the amount of insurance or other financial security that must be provided or provided in accordance with paragraph 1. Moreover, the defendant may use for his defense the objection that the maritime accident was caused by the intent of the registered owner, but he cannot use any other means of defense to which he would have the right to refer in the case brought against him by the registered owner. In all cases, the defendant has the right to demand that the registered owner be involved in the case as a co-defendant.

11 A State Party shall not permit the operation of a vessel entitled to fly its flag to which this article applies unless it has a certificate issued in accordance with paragraph 2 or 14.

12 Subject to the provisions of this article, each State Party shall ensure that, in accordance with its national legislation, insurance or other security conforming to the requirements of paragraph 1 is available for every vessel with a gross tonnage of 300 or more, regardless of its place of registration, entering or leaving a port in its territory or arriving at a coastal facility in its territorial the sea or moving away from it.

13 Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, vessels entering or leaving a port in its territory, or arriving at or departing from a coastal facility in its territorial sea, are not required to carry on board or present the certificate required by paragraph 2. Provided that the State Party that issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains an electronic registration accessible to all States Parties., certifying the existence of the certificate and enabling the participating States to comply with their obligations under paragraph 12.

14 If insurance or other financial security is not provided in respect of a vessel owned by a State Party, the provisions of this article relating thereto shall not apply to such vessel, but that vessel shall have a certificate issued by the appropriate authority of the State of registration of the vessel certifying that the vessel is the property of that State and that the liability of the vessel is secured to the extent, prescribed in paragraph 1. Such a certificate should, as far as possible, conform to the model provided for in paragraph 2.

Article 13 Limitation period

The rights to reimbursement provided for in this Convention shall be extinguished if a claim is not brought on the basis of its provisions within three years from the date on which the danger was determined in accordance with this Convention. However, in no case can a claim be filed after six years from the date on which a maritime accident occurred, resulting in a sunken vessel. If this marine accident consisted of a number of incidents, then the six-year period is calculated from the date of the first of these incidents.

Article 14 Amendment provisions

1 The Organization shall convene a Conference of States Parties for the purpose of revising or amending this Convention at the request of at least one third of the States Parties.

2 Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to this Convention as amended.

Article 15 Dispute settlement

1 If a dispute arises between two or more States Parties concerning the interpretation or application of this Convention, they shall seek to settle the dispute primarily through negotiations, inquiries, mediation, conciliation, arbitration, judicial settlement, recourse to regional authorities or arrangements, or other peaceful means of their choice.

2 If, within a reasonable period of time not exceeding twelve months after one State Party has notified the other State Party of the existence of a dispute between them, it has proved impossible to settle the dispute, the provisions relating to dispute settlement set out in Part XV of the 1982 United Nations Convention on the Law of the Sea shall apply mutatis mutandis, regardless of It depends on whether the States parties to the dispute are also States parties to the 1982 United Nations Convention on the Law of the Sea.

3 Any procedure chosen by a State Party to this Convention and the 1982 United Nations Convention on the Law of the Sea in accordance with article 287 of the latter shall apply to the settlement of disputes in accordance with this article, unless the State Party, upon ratification, acceptance, approval or accession to this Convention, or at any time thereafter, chooses a different procedure in accordance with Article 287 for the purpose of settling disputes arising from this Convention.

4 A State Party to this Convention that is not a party to the 1982 United Nations Convention on the Law of the Sea may, upon ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, choose by written declaration one or more of the means specified in paragraph 1 of article 287 of the United Nations Convention on the Law of the Sea. the 1982 Law of the Sea, for the purpose of dispute settlement under this article. Article 287 applies to such a declaration, as well as to a dispute to which such a State is a party that is not covered by the current declaration. For the purpose of conciliation and arbitration in accordance with annexes V and VII of the 1982 United Nations Convention on the Law of the Sea, such a State shall have the right to appoint conciliators and arbitrators to be included in the lists referred to in article 2 of annex V and article 2 of annex VII for the settlement of disputes arising from this Convention.

5 The declaration made pursuant to paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.

Article 16 Relation to other conventions and international agreements

Nothing in this Convention affects the rights and obligations of any State under the 1982 United Nations Convention on the Law of the Sea and customary international maritime law.

Article 17 Signature, ratification, acceptance, approval and accession

1 This Convention is open for signature at the headquarters of the Organization from November 19, 2007 to November 18, 2008 and thereafter remains open for accession.

a) States may express their consent to be bound by this Convention by:

(i) Signature without reservation as to ratification, acceptance or approval; or

(ii) Signatures subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(iii) Accessions.

(b) Ratification, acceptance, approval or accession shall be effected by the deposit of an appropriate instrument with the Secretary-General.

Article 18 Entry into force

1 This Convention shall enter into force twelve months after the date on which ten States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.

2 For any State that has ratified, accepted, approved or acceded to this Convention after fulfilling the conditions specified in paragraph 1 for its entry into force, this Convention shall enter into force three months after the date of deposit of the relevant instrument by that State, but not before the entry into force of this Convention in accordance with paragraph 1.

Article 19 Denunciation

1 This Convention may be denounced by any State Party at any time one year after the date of its entry into force for that State.

2 Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3 Denunciation shall take effect one year after the receipt by the Secretary-General of the instrument of denunciation, or after such longer period as may be specified in that instrument.

Article 20 The Depositary

1 This Convention shall be deposited with the Secretary-General.

2 The General Secretary:

(a) Inform all States that have signed or acceded to this Convention of:

(i) Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, indicating their date;

(ii) The date of entry into force of this Convention;

(iii) The deposit of any instrument of denunciation of this Convention, indicating the date of deposit and the date on which the denunciation takes effect; and

(iv) Other declarations and notifications received under this Convention;

(b) Transmit certified copies of this Convention to all States that have signed or acceded to this Convention.

3 As soon as this Convention enters into force, a certified copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 21 Languages

This Convention has been drawn up in a single original in Arabic, Chinese, English, French, Russian and Spanish, all texts being equally authentic.

DONE at NAIROBI, this eighteenth day of May, two thousand and seven.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention.

application

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL ENSURING RESPONSIBILITY FOR THE REMOVAL OF WRECKS

Issued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks of 2007

Name of the vessel

Gross capacity

Call sign

IMO identification number of the vessel

Registration port

Name and full address of the main commercial enterprise of the registered owner

It is hereby certified that the above-mentioned vessel has an insurance policy or other financial security that meets the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks of 2007. Type of security .................................................................................. The validity period of the security ................................................................... Name and address of the insurer(s) and/or the guarantor(s) Name ..................................................................................... Address ................................................................................................. …………………………………………………………………………………………... This certificate is valid until ............................................... Issued or certified by the Government ………………………………………… ……………………………………………………………………………………………

(Full name of the State) or

If a State party wishes to avail itself of the provisions of paragraph 3 of article 12, the following text should be used:

This certificate was issued under the authority of the Government .................................................

(full name of the State) ..............................................(full name of the institution or organization)

in ................................................ .......................................................

(location) (date)

……………………………………………………... (Signature and position of the official issuing or certifying the certificate)

Notes:

1 Indicating the name of the State, if desired, you can name the competent authority of the country in which the certificate is issued.

2 If the total amount of collateral consists of collateral provided from several sources, the amount of each of them should be indicated.

3 If the provided services are heterogeneous, they should be listed.

4 The entry "Validity period of the security" must contain the date on which the security takes effect.

5 The entry "Address" of the insurer(s) and/or the guarantor(s) must indicate the location of the main commercial enterprise of the insurer(s) and/or the guarantor(s). In appropriate cases, the location of the company that provided insurance or other collateral should be indicated.

President

Republic of Kazakhstan

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