TowBoatU.S. Clear Lake

The International Convention on Salvage 1989

THE STATES PARTIES TO THE PRESENT CONVENTION

regarding salvage operations,

protection of the environment, have demonstrated the need to review the international

rules presently contained in the Convention for the Unification of Certain Rules of Law

relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,

make to the safety of vessels and other property in danger and to the protection of the

environment,

who undertake salvage operations in respect of vessels and other property in danger,

For the purpose of this Convention:

1. Salvage operation means any act or activity undertaken to assist a vessel or any other

property in danger in navigable waters or in any other waters whatsoever.

2. Vessel means any ship or craft, or any structure capable of navigation.

3. Property means any property not permanently and intentionally attache to the shoreline

and includes freight at risk.

4. Damage to the environment means substantial physical damage to human health or to

marine life or resources in coastal or inland waters or areas adjacent thereto, caused by

pollution, contamination, fire, explosion or similar major incidents.

5. Payment means any reward, remuneration or compensation due under this Convention.

6. Organization means the International Maritime Organization.

7. Secretary-General means the Secretary-General of the Organization.

This Convention shall apply whenever judicial or arbitral proceedings relating to matters

dealt with in this Convention are brought in a State Party.

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling

units when such platforms or units are on location engaged the exploration, exploitation or

production of sea-bed mineral resources.

1. Without prejudice to article 5, this Convention shall not apply to warships or other noncommercial

vessels owned or operated by a State and entitled, at the time of salvage

operations, to sovereign immunity under generally recognized principles of international

law unless that State decides otherwise.

2. Where a State Party decides to apply the Convention to its warships or other vessels

described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms

and conditions of such application.

1. This Convention shall not affect any provisions of national law or any international

convention relating to salvage operations by or under the control of public authorities.

2. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail

themselves of the rights and remedies provided for in this Convention in respect of salvage

operations.

3. The extent to which a public authority under a duty to perform salvage operations may

avail itself of the rights and remedies provided for in this Convention shall be determined

by the law of the State where such authority is situated.

1. This Convention shall apply to any salvage operations save to the extent that a contract

otherwise provides expressly or by implication.

2. The master shall have the authority to conclude contracts for salvage operations on

behalf of the owner of the vessel. The master or the owner of the vessel shall have the

authority to conclude such contracts on behalf of the owner of the property on board the

vessel.

3. Nothing in this article shall affect the application of article 7 nor duties to prevent or

minimize damage to the environment.

A contract or any terms thereof may be annulled or modified if:

1. the contract has been entered into under undue influence or the influence of danger and

its terms are inequitable; or

2. the payment under the contract is in an excessive degree too large or too small for the

services actually rendered.

1. 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 to prevent or

minimize damage to the environment:

c. whenever circumstances reasonably require, to seek assistance from other salvors; and

d. to accept the intervention of other salvors when reasonably requested to do so by the

owner or master of the vessel or other property in danger; provided however that the

amount of his reward shall not be prejudiced should it be found that such a request was

unreasonable.

2. The owner and master of the vessel or the owner of other property in danger shall owe

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, to accept

redelivery when reasonably requested by the salvor to do so.

Nothing in this Convention shall affect the right of the coastal State concerned to take

measures in accordance with generally recognized principles of international law to protect

its coastline or related interests from pollution or the threat of pollution following upon a

maritime casualty or acts relating to such a casualty which may reasonably be expected to

result in major harmful consequences, including the right of a coastal State to give

directions in relation to salvage operations.

1. Every master is bound, so far as he can do so without serious danger to his vessel and

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 in

paragraph 1.

3. The owner of the vessel shall incur no liability for at breach of the duty of the master

under paragraph 1.

A State Party shall, whenever regulating or deciding upon matters relating to salvage

operations such as admittance to ports of vessels in distress or the provision of facilities to

salvors, take into account the need for co-operation between salvors, other interested

parties and public authorities in order to ensure the efficient and successful performance of

salvage operations for the purpose of saving life or property in danger as well as

preventing damage to the environment in general.

1. 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 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.

1. The reward shall be fixed with a view to encouraging salvage operations, taking into

account the following criteria without regard to the order in which they are presented

below:

a. the salved value of the vessel and other property;

b. the skill and efforts of the salvors in preventing or minimizing damage to the

environment;

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 salvage operations;

j. the state of readiness and efficiency of the salvor's equipment and the value thereof.

2. Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel

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 be made

by one of these interests, subject to a right of recourse of this interest against the other

interests for their respective shares. Nothing in this article shall prevent any right of

defence.

3. The rewards, exclusive of any interest and recoverable legal costs that may be payable

thereon, shall not exceed the salved value of the vessel and other property.

1. If the salvor has carried out salvage operations in respect of a vessel which by itself or

its cargo threatened damage to the environment and has failed to earn a reward under

article 13 at least equivalent to the special compensation assessable in accordance with

this article, he shall be entitled to special compensation from the owner of that vessel

equivalent to his expenses as herein defined.

2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has

prevented or minimized damage to the environment, the special compensation payable by

the owner to the salvor under paragraph 1 may be increased up to a maximum of 30% of

the expenses incurred by the salvor. However, the tribunal, if it deems it fair 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 the total increase be more than

100% of the expenses incurred by the salvor.

3. Salvor's expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket

expenses reasonably incurred by the salvor in the salvage operation and a fair rate for

equipment and personnel actually and reasonably used in the salvage operation, taking

into 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 the extent

that such compensation is greater than any reward recoverable by the salvor under article

13.

5. If the salvor has been negligent and has thereby failed to prevent or minimize damage to

the environment, he may be deprived of the whole or part of any special compensation

due under this article.

6. Nothing in this article shall affect any right of recourse on the part of the owner of the

vessel.

1. The apportionment of a reward under article 13 between salvors shall be made on the

basis of the criteria contained in that article.

2. The apportionment between the owner, master and other persons in the service of each

salving vessel shall be determined by the law of the flag of that vessel. If the salvage has

not been carried out from a vessel, the apportionment shall be determined by the law

governing the contract between the salvor and his servants.

1. No remuneration is due from persons whose lives are saved, but nothing in this article

shall affect the provisions of national law on this subject.

2. A salvor of human life, who has taken part in the services rendered on the occasion of

the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the

salvor for salving the vessel or other property or preventing or minimizing damage to the

environment.

No payment is due under the provisions of this Convention unless the services rendered

exceed what can be reasonably considered as due performance of a contract entered into

before the danger arose.

A salvor may be deprived of the whole or part of the payment due under this Convention

to the extent that the salvage operations have become necessary or more difficult because

of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest

conduct.

Services rendered notwithstanding the express and reasonable prohibition of the owner or

master of the vessel or the owner of any other property in danger which is not and has not

been on board the vessel shall not give rise to payment under this Convention

1. Nothing in this Convention shall affect the salvor's maritime lien under any international

convention 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.

1. Upon the request of the salvor a person liable for a payment due under this Convention

shall 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 best

endeavors to ensure that the owners of the cargo provide satisfactory security for the

claims 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, be

removed from the port or place at which they first arrive after the completion of the

salvage operations until satisfactory security has been put up for the salvor's claim against

the relevant vessel or property.

1. 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, and on

such terms including terms as to security where appropriate, as may be fair and just

according to the circumstances of the case.

2. In the event of an interim payment under this article the security provided under article

21 shall be reduced accordingly.

1. Any action relating to payment under this Convention shall be time-barred if judicial or

arbitral proceedings have not been instituted within a period of two years. The limitation

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 of the

limitation period extend that period by a declaration to the claimant. This period may in

the like manner be further extended.

3. An action for indemnity by a person liable may be instituted even after the expiration of

the limitation period provided for in the preceding paragraphs, if brought within the time

allowed by the law of the State where proceedings are instituted.

The right of the salvor to interest on any payment due under this Convention shall be

determined according to the law of the State in which the tribunal seized of the case is

situated.

Unless the State owner consents, no provision of this Convention shall be used as a basis

for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem

against, non-commercial cargoes owned by a State and entitled, at the time of the salvage

operations, to sovereign immunity under generally recognized principles of international

law.

No provision of this Convention shall be used as a basis for the seizure, arrest or

detention of humanitarian cargoes donated by a State, if such State has agreed to pay for

salvage services rendered in respect of such humanitarian cargoes.

States Parties shall encourage, as far as possible and with the consent of the parties, the

publication of arbitral awards made in salvage cases.

1. This Convention shall be open for signature at the Headquarters of the Organization

from 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 an

instrument to that effect with the Secretary-General.

1. This Convention shall enter into force one year after the date on which 15 States have

expressed their consent to be bound by it.

2. For a State which expresses its consent to be bound by this Convention after the

conditions for entry into force thereof have been met, such consent shall take effect one

year after the date of expression of such consent.

1. 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 involved are 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 any time

by means of a notification addressed to the Secretary-General. Such withdrawal shall take

effect on the date the notification is received. If the notification states that the withdrawal

of a reservation is to take effect on a date specified therein, and such date is later than the

date the notification is received by the Secretary-General, the withdrawal shall take effect

on such later date.

1. This Convention may be denounced by any State Party at any time after the expiry of

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 with the

Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be specified in

the instrument of denunciation, after the receipt of the instrument of denunciation by the

Secretary-General.

1. A conference for the purpose of revising or amending this Convention may be

convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this

Convention for revising or amending the Convention, at the request of eight States Parties,

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 into

force of an amendment to this Convention shall be deemed to apply to the Convention as

amended.

1. 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 all

Members of the Organization, of:

1. each new signature or deposit of an instrument of ratification, acceptance, approval or

accession together with the date thereof;

2. the date of the entry into force of this Convention;

3. the deposit of any instrument of denunciation of this Convention together with the date

on which it is received and the date on which the denunciation takes effect;

4. any amendment adopted in conformity with article 32;

5. the receipt of any reservation, declaration or notification made under this Convention;

b. transmit certified true copies of this Convention to all States which have signed this

Convention or acceded thereto.

3. As soon as this Convention enters into force, a certified true copy thereof shall be

transmitted by the Depositary to the Secretary-General of the United Nations for

registration and publication in accordance with Article 102 of the Charter of the United

Nations.

This Convention is established in a single original in the Arabic, Chinese, English, French,

Russian and Spanish languages, each text being equally authentic.

their respective Governments for that purpose have signed this

Convention.

hundred and eighty-nine.