Certified a true copy of the International the Sea by Oil, 1954, and of the Annexes thereto : FOREIGN OFFICE LONDON E.J. Pakant. Librarian and Keeper of the Papers for 16 SEP 1954 the Secretary of State for Foreign Affairs. WHEREAS the Senate of the United States of America by their resolution of May 16, 1961, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the said Convention subject to the following understanding and reservations and with the following recommendation: "The acceptance by the United States of America of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, is subject to the following understanding: "In accepting the Convention the United States declares that it does so subject to the understanding that article XI effectively reserves to the parties to the Convention freedom of legislative action in territorial waters, including the application of existing laws, anything in the Convention which may appear to be contrary notwithstanding. Specifically, it is understood that offenses in U.S. territorial waters will continue to be punishable under U.S. laws regardless of the ship's registry; "The acceptance by the United States of America of the said Convention is subject to the following reservations: "1. The United States accepts article VIII of the Convention, subject to the reservation that, while it will urge port authorities, oil terminals or private contractors to provide adequate disposal facilities, the United States shall not be obliged to construct, operate, or maintain shore facilities at places on U.S. coasts or waters where such facilities may be deemed inadequate, or to assume any financial obligation to assist in such activities; "2. The United States accepts the Convention subject to the reservation that amendments communicated to contracting governments under the provisions of paragraph (2) of article XVI will become binding upon the United States of America only after notification of acceptance thereof has been given by the United States. "The United States of America, in accepting the Convention subject to the aforesaid understanding and reservations, recommends that the parties give consideration to the formulation of amendments to the Convention at the earliest practicable date to bring about "(1) International uniformity in fines and penalties; "(3) A more realistic definition of what shall constitute oil pollution; "(4) The right of access of each contracting government to the official reports of other contracting governments filed with the bureau which relates to its own vessels; and "(5) A more flexible arrangement for fixing the time within which contracting governments shall notify the bureau whether or not they accept an amendment"; WHEREAS the said Convention was duly ratified by the President of the United States of America on May 29, 1961, in pursuance of the said advice and consent of the Senate, subject to the understanding and reservations and with the recommendation as aforesaid: WHEREAS it is provided in Article XVI of the Convention that Governments may become parties by (i) signature without reservation as to acceptance, (ii) signature subject to acceptance followed by acceptance, or (iii) acceptance; WHEREAS it is provided in Article XV of the Convention that the Convention shall enter into force twelve months after the date on which not less than ten Governments have become parties to the Convention, including five Governments of countries each with not less than 500,000 gross tons of tanker tonnage; WHEREAS it is further provided in Article XV of the Convention that for each Government which signs the Convention without reservation as to acceptance or accepts the Convention before the date on which the Convention comes into force it shall come into force on that date, and for each Government which accepts the Convention on or after that date it shall come into force three months after the date of deposit of that Government's acceptance; WHEREAS no signature was affixed to the Convention without reservation as to acceptance, all signatures affixed thereto being subject to acceptance or ratification; WHEREAS instruments of acceptance of the Convention were deposited with the Government of the United Kingdom of Great Britain and Northern Ireland pursuant to Article XIV and Article XXI of the Convention as follows: (a) By Governments of countries each having a tanker tonnage of not less than 500,000 gross tons: The United Kingdom of Great Britain and Northern Ireland on May 6, 1955; Sweden on May 24, 1956; Denmark on November 26, 1956; Norway on January 26, 1957; and France on July 26, 1957; and (b) By other Governments: Mexico on May 10, 1956; the Federal Republic of Germany on June 11, 1956; Canada on December 19, 1956; Ireland on February 13, 1957; Belgium on April 16, 1957; and the Netherlands on July 24, 1958. WHEREAS the Convention entered into force for the aforesaid Governments, pursuant to Article XV, on July 26, 1958. WHEREAS an instrument of acceptance by the Government of Finland was deposited on December 30, 1958 with the Government of the United Kingdom of Great Britain and Northern Ireland, and an instrument of acceptance by the Government of Poland was deposited on February 28, 1961 with the Intergovernmental Maritime Consulta tive Organization which under Article XXI of the Convention had succeeded to the depositary duties and the Convention accordingly entered into force for the Governments of Finland and Poland, pursuant to Article XV, three months after the respective dates of deposit; WHEREAS an instrument of acceptance by the Government of the United States of America was deposited with the Intergovernmental Maritime Consultative Organization on September 8, 1961, subject to the understanding and reservations and with the recommendation as aforesaid; AND WHEREAS, pursuant to paragraph (2) (a) of Article XV, the Convention entered into force for the United States of America, subject to the understanding and reservations and with the recommendation as aforesaid, on December 8, 1961; Now, THEREFORE, be it known that I, John F. Kennedy, President of the United States of America, do hereby proclaim and make public the said International Convention for the Prevention of Pollution of the Sea by Oil, 1954, to the end that the same and every article and clause thereof shall be observed and fulfilled with good faith, on and after December 8, 1961, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof, subject to the understanding and reservations and with the recommendation as aforesaid. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this eighth day of December in the year of our Lord one thousand nine hundred sixty-one [SEAL] and of the Independence of the United States of America the one hundred eighty-sixth. By the President: JOHN F. KENNEDY. DEAN RUSK, Secretary of State. Prevention of Pollution of the Sea by Oil Amendments adopted by the Conference of Contracting Governments to the Convention of 1954, held at London, April 411, 1962; Ratification advised by the Senate of the United States of America February 25, 1964; Ratified by the President of the United States of America September 9, 1966; Acceptance by the United States of America deposited with the Intergovernmental Maritime Consultative Organization September 21, 1966; Proclaimed by the President of the United States of America October 7, 1966; Dates of entry into force: May 18, 1967 for amendments to Articles 1-X, XVI, and XVIII and Annexes A and B; June 28, 1967, for amendment to Article XIV. BY THE PRESIDENT OF THE UNITED STATES OF AMERICAN A PROCLAMATION WHEREAS a series of amendments to the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, [1] adopted by a Conference of Contracting Governments which convened at London from April 4 to April 11, 1962, was communicated to all Contracting Governments for their acceptance in accordance with paragraph (3) of Article XVI of that Convention; WHEREAS the text of those amendments, in the English and French languages, as certified by the Secretary-General of the Inter-Governmental Maritime Connsultative Organization, is word for word as follows: ANNEX 1 The following are the amendments to the International Convention for the Prevention of Pollution of the Sea by Oil, 1954: 1. The existing text of Article I of the Convention is replaced by the following: ARTICLE I (1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say: 1 The text of the amendments constituted the Annex to the Final Act of the Conference of Contracting Governments. 90-224 O-73-25 |