1986年联合国船舶登记条件公约 UNITED NATIONS CONVENTION ON CONDITIONS FOR REGISTRATION OF SHIPS，1986

1986年联合国船舶登记条件公约
UNITED NATIONS CONVENTION ON CONDITIONS FOR REGISTRATION OF SHIPS，1986
颁布日期：19860207 　实施日期：19860207 　颁布单位：日内瓦

　　The States Parties to this Convention，

　　Recognising the need to promote the orderly expansion of worldshipping as a whole，

　　Recalling General Assembly resolution 35/56 of 5 December 1980， theannex to which contains the International Development Strategy for theThird United Nations Development Decade， which called， inter alia， inparagraph 128， for an increase in the participation by developingcountries in world transport of international trade，

　　Recalling also that according to the 1958 Geneva Convention on theHigh Seas and the 1982 United Nations Convention on the Law of the Seathere must exist a genuine link between a ship and a flag State andconscious of the duties of the flag State to exercise effectively itsjurisdiction and control over ships flying its flag in accordance with theprinciple of the genuine link，

　　Believing that to this end a flag State should have a competent andadequate national maritime administration，

　　Believing also that in order to exercise its control functioneffectively a flag State should ensure that those who are responsible forthe management and operation of a ship on its register are readilyidentifiable and accountable，

　　Believing further that measures to make persons responsible for shipsmore readily identifiable and accountable could assist in the task ofcombating maritime fraud，

　　Reaffirming， without prejudice to this Convention， that each Stateshall fix the conditions for the grant of its nationality to ships， forthe registration of ships in its territory and for the right to fly itsflag，

　　Prompted by the desire among sovereign States to resolve in a spiritof mutual understanding and co-operation all issues relating to theconditions for the grant of nationality to， and for the registration of，ships，

　　Considering that nothing in this Convention shall be deemed toprejudice any provisions in the national laws and regulations of theContracting Parties to this Convention， which exceed the provisionscontained herein，

　　Recognizing the competences of the specialized agencies and otherinstitutions of the United Nations system as contained in their respectiveconstitutional instruments， taking into account arrangements which mayhave been concluded between the United Nations and the agencies， andbetween individual agencies and institutions in specific fields，

　　Have agreed as follows：Article 1 Objectives

　　For the purpose of ensuring or， as the case may be， strengthening thegenuine link between a State and ships flying its flag， and in order toexercise effectively its jurisdiction and control over such ships withregard to identification and accountability of shipowners and operators aswell as with regard to administrative， technical， economic and socialmatters， a flag State shall apply the provisions contained in thisConvention.Article 2 Definitions

　　For the purposes of this Convention：

　　“Ship” means any self-propelled sea-going vessel used in internationalseaborne trade for the transport of goods， passengers， or both with theexception of vessels of less than 500 gross registered tons；

　　“Flag State” means a State whose flag a ship flies and is entitled tofly；

　　“Owner” or “shipowner” means， unless clearly indicated otherwise， anynatural or juridical person recorded in the register of ships of the Stateof registration as an owner of a ship；

　　“Operator” means the owner or bareboat charterer， or any other naturalor juridical person to whom the responsibilities of the owner or bareboatcharterer have been formally assigned；

　　“State of registration” means the State in whose register of ships aship has been entered；

　　“Register of ships” means the official register or registers in w

hichparticulars referred to in Article 11 of this Convention are recorded；

　　“National maritime administration” means any State authority or agencywhich is established by the State of registration in accordance with itslegislation and which， pursuant to that legislation， is responsible， interalia， for the implementation of international agreements concerningmaritime transport and for the application of rules and standardsconcerning ships under its jurisdiction and control；

　　“Bareboat charter” means a contract for the lease of a ship， for astipulated period of time， by virtue of which the lessee has completepossession and control of the ship， including the right to appoint themaster and crew of the ship， for the duration of the lease；

　　“Labour-supplying country” means a country which provides seafarersfor service on a ship flying the flag of another country.Article 3 Scope of Application

　　This Convention shall apply to all ships as defined in Article 2.Article 4 General Provisions

　　1. Every State， whether coastal or land-locked， has the right to sailships flying its flag on the high seas.

　　2. Ships have the nationality of the State whose flag they areentitled to fly.

　　3. Ships shall sail under the flag of one State only.

　　4. No ships shall be entered in the registers of ships of two or moreStates at a time， subject to the provisions of paragraphs 4 and 5 ofArticle 11 and to Article 12.

　　5. A ship may not change its flag during a voyage or while in a portof call， save in the case of a real transfer of ownership or change ofregistry.Article 5 National Maritime Administration

　　1. The flag State shall have a competent and adequate nationalmaritime administration， which shall be subject to its jurisdiction andcontrol.

　　2. The flag State shall implement applicable international rules andstandards concerning， in particular， the safety of ships and persons onboard and the prevention of pollution of the marine environment.

　　3. The maritime administration of the flag State shall ensure：

　　（a） That ships flying the flag of such State comply with its laws andregulations concerning registration of ships and with applicableinternational rules and standards concerning， in particular， the safety ofships and persons on board and the prevention of pollution of the marineenvironment；

　　（b） That ships flying the flag of such State are periodically surveyedby its authorized surveyors in order to ensure compliance with applicableinternational rules and standards；

　　（c） That ships flying the flag of such State carry on board documents，in particular， those evidencing the right to fly its flag and other validrelevant documents， including those required by international conventionsto which the State of registration is a Party；

　　（d） That the owners of ships flying the flag of such State comply withthe principles of registration of ships in accordance with the law andregulations of such State and the provisions of this Convention.

　　4. The State of registration shall require all the appropriateinformation necessary for full identification and accountabilityconcerning ships flying its flag.Article 6 Identification and Accountability

　　1. The State of registrations shall enter in its register of ships，inter alia， information concerning the ship and its owner or owners.Information concerning the operator， when the operator is not the owner，should be included in the register of ships or in the official record ofoperators to be maintained in the office of the Registrar or be readilyaccessible to him， in accordance with the laws and regulations of theState of registration. The State of registration shall issue documentationas evidence of the registration of the ship.

　　2. The State of registration shall take such measures as are necessaryto ensure that the owner or owners， the operator or operators，

or anyother person or persons who can be held accountable for the management andoperation of ships flying its flag can be easily identified by personshaving a legitimate interest in obtaining such information.

　　3. Registers of ships should be available to those with a legitimateinterest in obtaining information contained therein， in accordance withthe laws and regulations of the flag State.

　　4. A State should ensure that ships flying its flag carrydocumentation including information about the identity of the owner orowners， the operator or operators or the person or persons accountable forthe operation of such ships， and make available such information to portState authorities.

　　5. Log-books should be kept on all ships and retained for a reasonableperiod after the date of the last entry， notwithstanding any change in aship's name， and should be available for inspection and copying by personshaving a legitimate interest in obtaining such information， in accordancewith the laws and regulations of the flag State. In the event of a shipbeing sold and its registration being changed to another State， log-booksrelating to the period before such sale should be retained and should beavailable for inspection and copying by persons having a legitimateinterest in obtaining such information， in accordance with the laws andregulations of the former flag State.

　　6. A State shall take necessary measures to ensure that ships itenters in its register of ships have owners or operators who areadequately identifiable for the purpose of ensuring their fullaccountability.

　　7. A State should ensure that direct contact between owners of shipsflying its flag and its government authorities is not restricted.Article 7 Participation by Nationals in the Ownership and/or Manning ofShips

　　With

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