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

respect to the provisions concerning manning and ownership ofships as contained in paragraphs 1 and 2 of Article 8 and paragraphs 1 to3 of Article 9， respectively， and without prejudice to the application ofany other provisions of this Convention， a State of registration has tocomply either with the provisions of paragraphs 1 and 2 of Article 8 orwith the provisions of paragraphs 1 to 3 of Article 9， but may comply withboth.Article 8 Ownership of Ships

　　1. Subject to the provisions of Article 7， the flag state shallprovide in its laws and regulations for the ownership of ships flying itsflag.

　　2. Subject to the provisions of Article 7， in such laws andregulations the flag State shall include appropriate provisions forparticipation by that State or its nationals as owners of ships flying itsflag or in the ownership of such ships and for the level of suchparticipation. These laws and regulations should be sufficient to permitthe flag State to exercise effectively its jurisdiction and control overships flying its flag.Article 9 Manning of Ships

　　1. Subject to the provisions of Article 7， a State of registration，when implementing this Convention， shall observe the principle that asatisfactory part of the complement consisting of officers and crew ofships flying its flag be nationals or persons domiciled or lawfully inpermanent residence in that State.

　　2. Subject to the provisions of Article 7 and in pursuance of the goalset out in paragraph 1 of this Article， and in taking necessary measuresto this end， the State of registration shall have regard to the following：

　　（a） the availability of qualified seafarers within the State ofregistration；

　　（b） multilateral or bilateral agreements or other types ofarrangements valid and enforceable pursuant to the legislation of theState of registration；

　　（c） the sound and economically viable operation of its ships.

　　3. The State of registration should implement the provision ofparagraph 1 of this Article on a ship， company or fleet basis.

　　4. The State of registration， in accordance with its laws andregu

lations， may allow persons of other nationalities to serve on boardships flying its flag in accordance with the relevant provisions of thisConvention.

　　5. In pursuance of the goal set out in paragraph 1 of this Article，the State of registration should， in co-operation with shipowners， promotethe education and training of its nationals or persons domiciled orlawfully in permanent residence within its territory.

　　6. The State of registration shall ensure：

　　（a） that the manning of ships flying its flag is of such a level andcompetence as to ensure compliance with applicable international rules andstandards， in particular those regarding safety at sea；

　　（b） that the terms and conditions of employment on board ships flyingits flag are in conformity with applicable international rules andstandards；

　　（c） that adequate legal procedures exist for the settlement of civildisputes between seafarers employed on ships flying its flag and theiremployers；

　　（d） that nationals and foreign seafarers have equal access toappropriate legal processes to secure their contractual rights in theirrelations with their employers.Article 10 Role of Flag States in Respect of the Management of ShipowningCompanies and Ships

　　1. The State of registration， before entering a ship in its registerof ships， shall ensure that the shipowning company or a subsidiaryshipowning company is established and/or has its principal place ofbusiness within its territory in accordance with its laws and regulations.

　　2. Where the shipowning company or a subsidiary shipowning company orthe principal place of business of the shipowning company is notestablished in the flag State， the latter shall ensure， before entering aship in its register of ships， that there is a representative ormanagement person who shall be a national of the flag State， or bedomiciled therein. Such a representative or management person may be anatural or juridical person who is duly established or incorporated in theflag State， as the case may be， in accordance with its laws andregulations， and duly empowered to act on the shipowner's behalf andaccount. In particular， this representative or management person should beavailable for any legal process and to meet the shipowner'sresponsibilities in accordance with the laws and regulations of the Stateof registration.

　　3. The State of registration should ensure that the person or personsaccountable for the management and operation of a ship flying its flag arein a position to meet the financial obligations that may arise from theoperation of such a ship to cover risks which are normally insured ininternational maritime transportation in respect of damage to thirdparties. To this end the State of registration should ensure that shipsflying its flag are in a position to provide at all times documentsevidencing that an adequate guarantee， such as appropriate insurance orany other equivalent means， has been arranged. Furthermore， the State ofregistration should ensure that an appropriate mechanism， such as amaritime lien， mutual fund， wage insurance， social security scheme， orany governmental guarantee provided by an appropriate agency of the Stateof the accountable person， whether that person is an owner or operator，exists to cover wages and related moneys owed to seafarers employed onships flying its flag in the event of default of payment by theiremployers. The State of registration may also provide for any otherappropriate mechanism to that effect in its laws and regulations.Article 11 Register of Ships

　　1. A State of registration shall establish a register of ships flyingits flag， which register shall be maintained in a manner determined bythat State and in conformity with the relevant provisions of thisConvention. Ships entitled by the laws and regulations of a State to flyits flag shall be entered in this register in the name of the owner orowners or， where national laws

and regulations so provide， the bareboatcharterer.

　　2. Such register shall， inter alia， record the following：

　　（a） the name of the ship and the previous name and registry if any；

　　（b） the place or port of registration or home port and the officialnumber or mark of identification of the ship；

　　（c） the international call sign of the ship， if assigned；

　　（d） the name of the builders， place of build and year of building ofthe ship；

　　（e） the description of the main technical characteristics of the ship；

　　（f） the name， address and， as appropriate， the nationality of theowner or of each of the owners；

　　and， unless recorded in another public document readily accessible tothe Registrar in the flag State：

　　（g） the date of deletion or suspension of the previous registration ofthe ship；

　　（h） the name， address and， as appropriate， the nationality of thebareboat charterer， where national laws and regulations provide for theregistration of ships bareboat chartered-in.

　　（i） the particulars of any mortgages or other similar charges upon theship as stipulated by national laws and regulations.

　　3. Furthermore， such register should also record：

　　（a） if there is more than one owner， the proportion of the ship ownedby each；

　　（b） the name， address and， as appropriate， the nationality of theoperator， when the operator is not the owner or the bareboat charterer.

　　4. Before entering a ship in its register of ships a State shouldassure itself that the previous registration， if any， is deleted.

　　5. In the case of a ship bareboat chartered-in a State should assureitself that right to fly the flag of the former flag State is suspended.Such registration shall be effected on production of evidence， indicatingsuspension of previous registration as regards the nationality of the shipunder the former flag State and indicating particulars of any registeredencumbrances.Article 12 Bareboat Charter

　　1. Subject to the provisions of Article 11 and in accordance with itslaws and regulations a State may grant registration and the right to flyits flag to a ship bareboat chartered-in by a charterer in that State， forthe period of that charter.

　　2. When shipowners or charterers in States Parties to this Conventionenter into such bareboat charter activities， the conditions ofregistration contained in this Convention should be fully complied with.

　　3. To achieve the goal of compliance and for the purpose of applyingthe requirements of this agreement in the case of a ship so bareboatchartered-in the charterer will be considered to be the owner. ThisConvention， however， does not have the effect of providing for anyownership rights in the chartered ship other than those stipulated in theparticular bareboat charter contract.

　　4. A State should ensure that a ship bareboat chartered-in and flyingits flag， pursuant to paragraphs 1 to 3 of this Article， will be subjectto its full jurisdiction and control.

　　5. The State where the bareboat chartered-in ship is registered shallensure that the former flag State is notified of the deletion of theregistration of the bareboat chartered ship.

　　6. All terms and conditions， other than those specified in thisArticle， relating to the relationship of the parties to a bareboat charterare left to the contractual disposal of those parties.Article 13 Joint Ventures

　　1. Contracting Parties to this Convention， in conformity with theirnational policies， legislation and the conditions for registration ofships contained in this Convention， should promote joint

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