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INTERNATIONAL CONVENTION ON MARITIME LIENS AND MORTGAGES, 1993
THE STATES PARTIES TO THIS CONVENTION,
CONSCIOUS of the need to improve conditions for ship financing and
the development o
f national merchant fleets,
RECOGNIZING the desirability of international uniformity in the
field of maritime liens an
d mortgages, and therefore
CONVINCED of the necessity for an international legal
instrument governing maritime lien
s and mortgages,
HAVE DECIDED to conclude a Convention for this purpose and
have therefore agreed a
s follows:
Article 1
Recognition and enforcement of mortgages, "hypoth????eques"
and charges
Mortgages, "hypoth????eques" and registrable charges of the
same nature, which registrable charges of the same nature will be referred
to hereinafter as "charges", effected on seagoing vessels shall be
recognized and enforceable in States Parties provided that:
(a) such mortgages, "hypoth????eques" and charges have
been effected and registered in accordance with the law of the State in
which the vessel is registered;
(b) the register and any instruments required to be deposited
with the registrar in accordance with the law of the State in which the
vessel is registered are open to public inspection, a
nd that extracts from the register and copies of such instruments are obtainable from the registra
r;and
(c) either the register or any instruments referred to insubparagraph(b) specifies at le
ast the name and address of the person in whose favour the mortgage, "typoth????eque" or c
harge has been effectedor that it has been issued to bearer, the maximum amount secured, if th
atis a requirement of the law of the State of registration, or, if thatamount is specified in the in
strumentcreating the mortgage,"typoth????eque" or charge, and the date and other particulars
which,according to the law of the State of registration, determine therankingin relation to other r
egistered mortgages, " hypoth????eque " and charges.
Article 2
Ranking and effects of mortgages, "hypoth????eques" and charges
The ranking of registered mortgages, "hypoth????eques" or charges asbetween themselve
s and, without prejudice to the provisions of thisConvention, their effect in regard to third partie
s shall be determined bythe law of the Stateof registration; however, without prejudice to thepr
ovisions of this Convention, all matters relating to the procedure ofenforcement shall be regulate
d by the law of the State where enforcementtakes place.Article 3
Change of ownership or registration
1. With the exception of the cases provided for in Articles 11 and 12,in aother cases that
entail the deregistration of the vessel from theregister of a State Party, such State Party shall not
permit the owner toderegister thevessel unless all registered mortgages, "hypoth????eques"o
r charges are previously deleted or the written consent of all holders ofsuch mortgages, "hypoth????
eques" or charges is obtained. However, wherethe deregistration of the vessel is obligatory in a
ccordance with the lawof a State Party, otherwise than as a result of a voluntary sale, theholder
s of registered mortgages, "hypoth????eques" or charges shall benotified of the pending deregis
tration in order to enable such holders totake appropriate action to protect their interests; unles
s the holdersconsent, the deregistration shall not be implemented earlier than after alapse of a re
asonable period of time which shall be not less than threemonths after the relevant notification t
o such holders.
2. Without prejudice to Article 12, paragraph 5, a vessel which is orhas been registered in
a State Party shall not be eligible forregistration in another State Party unless either:
(a) a certificate has been issued by the former State to theeffect that the vessel has b
een deregistered; or
(b) a certificate has been issued by the former State to theeffect that the vessel will b
e deregistered with immediate effect, at suchtime as the new registration is effected. The date of
deregistration shallbe the date of the new registration of the vessel.Article 4
Maritime liens
1. Each of the following claims against the owner, demise charterer,manager or operator
of the vessel shall be secured by a maritime lien onthe vessel:
(a) claims for wages and other sums due to the master, officersand other members o
f the vessel's complement in respect of theiremployment on the vessel, including costs of repatri
ation and socialinsurance contributions payable on their behalf;
(b) claims in respect of loss of life or personal injuryoccurring, whether on land or on
water, in direct connection with theoperation of the vessel;
(c) claims for reward for the salvage of the vessel;
(d) claims for port, canal, and other waterway dues and pilotagedues;
(e) claims based on tort arising out of physical loss or damagecausedby the operatio
n of the vessel other than loss of or damage tocargo, containers and passengers' effects carried
on the vessel.
2. No maritime lien shall attach to a vessel to secure claims as setout in subparagraphs (b)
and (e) of paragraph 1 which arise out of orresult from:
(a) damage in connection with the carriage of oil or otherhazardous or noxious subst
ances by sea for which compensation is payableto the claimants pursuant to international conve
ntions or national lawproviding for strict liability and compulsory insurance or other means ofse
curing the claims; or
(b) the radioactive properties or a combination of radioactiveproperties with toxins,
explosive or other hazardous properties of nuclearfuel or of radioactive products or waste.Arti
cle 5
Priority of maritime liens
1. The maritime liens set out in Article 4 shall take priority overregistered mortgages, "h
ypoth????eques" and charges, and no other claimshall take priority over such maritime liens or
over such mortgages,"hypoth????eques" or charges which comply with the requirements of Arti
cle1, except as provided in paragraphs 3 and 4 of Article 12.
2. The maritime liens set out in Article 4 shall rank in the orderlisted,provided however tha
t maritime liens securing claims for rewardfor the salvageof the vessel shall take priority over all
other maritimeliens which have attached to the vessel prior to the time when theoperations givin
g rise to the said liens were performed.
3. The maritime liens set out in each of subparagraphs (a), (b), (d)and (e) of paragraph 1
of Article 4 shall rank pari passu as betweenthemselves.
4. The maritime liens securing claims for reward for the salvage ofthe vessel shall rank in t
he inverse order of the time when the claimsecured therebyaccrued. Such claims shall be deem
ed to have accrued onthe date on which eachsalvage operation was terminated.Article 6
Other maritime liens
Each State Party may under its law grant other maritime liens on avessel to secure claims,
other than those referred to in Article 4,against the owner,demise charterer, manager or operat
or of the vessel,provided that such liens:
(a) shall be subject to the provisions of Articles 8, 10 and 12;
(b) shall be extinguished
(i) after a period of 6 months, from the time when the claimssecured thereby ar
ose unless, prior to the expiry of such period, thevessel has been arrested or seized, such arr
est or seizure leading to aforced sale; or
(ii) at the end of a period of 60 days following a sale tobona fide purchaser of t
he vessel, such period to commence on the date onwhich the sale is registered in accordance w
ith the law of the State inwhich the vessel isregistered following the sale;
whichever Period expires first; and
(c) shall rank after the maritime liens set out in Article 4 andalso after registered mort
gages, "hypoth????eques" or charges whichcomply with theprovisions of Article 1.Article 7
Rights of retention
1. Each State Party may grant under its law a right of retention inrespect of a vessel in the
possession of either:
(a) a shipbuilder, to secure claims for the building of thevessel; or
(b) a shiprepairer, to secure claims for repair, includingreconstruction of the vessel, e
ffected during such possession.
2. Such right of retention shall be extinguished when the vesselceases tobe in the possessi
on of the shipbuilder or shiprepairer,otherwise than in consequence of an arrest or seizure.Artic
le 8
Characteristics of maritime liens
Subject to the provisions of Article 12, the maritime liens follow thevessel, notwithstandin
g any change of ownership or of registration or offlag.Article 9
Extinction of maritime liens by lapse of time
1. The maritime liens set out in Article 4 shall be extinguished aftera period of one year unl
ess, prior to the expiry of such period, thevessel has been arrested or seized, such arrest or seiz
ure leading to aforced sale.
2. The one-year period referred to in paragraph 1 shall commence:
(a) with respect to the maritime lien set out in Article 4,paragraph 1(a), upon the clai
mant's discharge from the vessel;
(b) with respect to the maritime liens set out in Article 4,paragraph1(b) to (e), whe
n the claims secured thereby arise;
and shall not be subject to suspension or interruption, provided,however,that time shall no
t run during the period that the arrest orseizure of the vessel is not permitted by law.Article 10
Assignment and subrogation
1. The assignment of or subrogation to a claim secured by a maritimelien entails the simult
aneous assignment of or subrogation to such amaritime lien.
2. Claimants holding maritime liens may not be subrogated to thecompensation payable to
the owner of the vessel under an insurancecontract.Article 11
Notice of forced sale
1. Prior to the forced sale of a vessel in a State Party, thecompetent authority in such Stat
e Party shall ensure that notice inaccordance with this Article is provided to:
(a) the authority in charge of the register in the State ofregistration;
(b) all holders of registered mortgages, "hypoth????eques" orcharges which have not
been issued to bearer;
(c) all holders of registered mortgages, "hypoth????eques" orcharges issued to beare
r and all holders of the maritime liens set out inArticle 4, provided that the competent authority
conducting the forcedsale receives notice of their respective claims; and
(d) the registered owner of the vessel.
2. Such notice shall be provided at least 30 days prior to the forcedsaleand shall contain e
ither:
(a) the time and place of the forced sale and such particularsconcerning the forced s
ale or the proceedings leading to the forced saleas the authority in a State Party conducting the
proceedings shalldetermine is sufficient to protect the interests of persons entitled tonotice; or,
(b) if the time and place of the forced sale cannot be determinedwithcertainty, the ap
proximate time and anticipated place of the forcedsale and such particulars concerning the forc
ed sale as the authority in aState Party conducting the proceedings shall determine is sufficient t
oprotect the interestsof persons entitled to notice.
If notice is provided in accordance with subparagraph (b), additionalnotice of the actual ti
me and place of the forced sale shall be providedwhen knownbut, in any event, not less than se
ven days prior to the forcedsale.
3. The notice specified in paragraph 2 of this Article shall be inwritingand either given by r
egistered mail, or given by any electronic orother appropriate means which provide confirmatio
n of receipt, to thepersons interested asspecified in paragraph 1, if known. In addition,the notic
e shall be given bypress announcement in the State where theforced sale is conducted and, if d
eemedappropriate by the authorityconducting the forced sale, in other publications.Article 12
Effects of forced sale
1. In the event of the forced sale of the vessel in a State Party, allregistered mortgages, "
hypoth????eques" or charges, except those assumedby the purchaser with the consent of the h
olders, and all liens and otherencumbrances of whatsoever nature, shall cease to attach to the v
essel,provided that:
(a) at the time of the sale, the vessel is in the area of thejurisdiction of such State; an
d
(b) the sale has been effected in accordance with the law of thesaid State and the pr
ovisions of Article 11 and this Article.
2. The costs and expenses arising out of the arrest or seizure andsubsequent sale of the ve
ssel shall be paid first out of the proceeds ofsale. Such costs and expenses include, inter alia,
the costs for theupkeep of the vessel and the crew as well as wages, other sums and costsrefer
red to in Article 4, paragraph 1(a), incurred from the time of arrestor seizure. The balance of th
e proceeds shall be distributed in accordancewith the provisions of this Convention, to the ex
tent necessary tosatisfy the respective claims. Upon satisfaction of all claimants, theresidue of th
e proceeds, if any, shall be paid to the owner and it shallbe freely transferable.
3. A State Party may provide in its law that, in the event of theforced sale of a stranded or
sunken vessel, following its removal by apublic authorityin the interest of safe navigation or the
protection ofthe marine environment,the costs of such removal shall be paid out of theproceeds
of the sale, beforea
‐屎 猟／other claims secured by a maritime lienon the vessel.
4. If at the time of the forced sale the vessel is in the possessionof a shipbuilder or of a shi
prepairer who under the law of the State Partyin which the sale takes place enjoys a right of ret
ention, suchshipbuilder or shiprepairer must surrender possession of the vessel to thepurchaser
but is entitled toobtain satisfaction of his claim out of theproceeds of sale after the satisfaction o
f the claims of holders ofmaritime liens mentioned in Article 4.
5. When a vessel registered in a State Party has been the object of aforced sale in any Sta
te Party, the competent authority shall, at therequest of the purchaser, issue a certificate to the e
ffect that thevessel is sold free of aregistered mortgages, "hypoth????eques" orcharges, exce
pt those assumed by the purchaser, and of all liens andother encumbrances, provided that the r
equirements set out in paragraph 1(a) and (b) have been complied with. Upon production of su
ch certificate,the registrar shall be bound to delete all registered mortgages,"hypoth????eques"
or charges except those assumed by the purchaser, and toregister the vessel in the name of the
purchaser or to issue a certificateof deregistration for the purpose of new registration, as the
case maybe.
6. States Parties shall ensure that any proceeds of a forced sale areactuay available and fr
eely transferable.Article 13
Scope of application
1. Unless otherwise provided in this Convention, its provisions shallapply to all seagoing v
essels registered in a State Party or in a Statewhich is not a State Party, provided that the latter
's vessels are subjectto the jurisdiction of the State Party.
2. Nothing in this Convention shall create any rights in, or enableany rights to be enforced
against, any vessel owned or operated by a Stateand used only on Government non-commerci
al service.Article 14
Communication between States Parties
For the purpose of Articles 3, 11 and 12, the competent authorities oftheStates Parties sh
all be authorized to correspond directly betweenthemselves.Article 15
Conflict of conventions
Nothing in this Convention shall affect the application of anyinternational convention provi
ding for limitation of liability or ofnational legislation giving effect thereto.Article 16
Temporary change of flag
If a seagoing vessel registered in one State is permitted to flytemporarily the flag of anothe
r State, the following shall apply:
(a) For the purposes of this Article, references in thisConvention tothe "State in whic
h the vessel is registered" or to the"State of registration"shall be deemed to be references to the
State inwhich the vessel was registered immediately prior to the change of flag,and references t
o "the authority incharge of the register" shall bedeemed to be references to the authority in cha
rge of the register in thatState.
(b) The law of the State of registration shall be determinativefor the purpose of reco
gnition of registered mortgages, "hypoth????eques"and charges.
(c) The State of registration shall require a cross-referenceentry inits register specifyi
ng the State whose flag the vessel ispermitted to fly temporarily; likewise, the State whose flag t
he vessel ispermitted to fly temporarily shall require that the authority in charge ofthe vessel's re
cord specifies by a cross-reference in the record the Stateof registration.
(d) No State Party shall permit a vessel registered in that Stateto fly temporarily the f
lag of another State unless all registeredmortgages, "hypoth????eques" or charges on that vesse
l have beenpreviously satisfied or the written consent of the holders of all suchmortgages, "hypo
th????eques" or charges has been obtained.
(e) The notice referred to in Article 11 shall be given also tothe competent authority i
n charge of the vessel's record in the Statewhose flag the vessel is permitted to fly temporarily.
(f) Upon production of the certificate of deregistration referredto in Article 12 paragr
aph 5, the competent authority in charge of thevessel's record in the State whose flag the vessel
is permitted to flytemporarily shall, at the request of the purchaser, issue a certificateto the eff
ect that the right to fly the flag of that State is revoked.
(g) Nothing in this Convention is to be understood to impose anyobligation on States
Parties to permit foreign vessel to fly temporarilytheir flag or national vessels to fly temporarily
a foreign flag.Article 17
Depositary
This Convention shall be deposited with the Secretary-General of theUnited Nations.Artic
le 18
Signature, ratification, acceptance, approval and accession
1. This Convention shall be open for signature by any State at theHeadquarters of the Uni
ted Nations, New York, from 1 September 1993 to 31August 1994 and shall thereafter remai
n open for accession.
2. States may express their consent to be bound by this Convention by:
(a) signature without reservation as to ratification, acceptanceor 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
depositary.
Article 19 Entry into force
1. This Convention shall enter into force 6 months following the dateon which 10 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 3 months after the
date of expression of such consent.
Article 20 Revision and amendment
1. A conference of States Parties for the purpose of revising
or amending this Convention
shall be convened by the Secretary-General of the United Nations at the request of 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 the Convention, as amended.
Article 21
Denunciation
1. This Convention may be denounced by any State at any time after
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 depositary.
3. A denunciation shall take effect one year, or such longer period
as maybe specified in the instrument of denunciation, after the receipt of
the instrument of denunciation by the depositary.
Article 22
Languages
This Convention is established in a single original in the
Arabic, Chinese, English, French, Russian and Spanish languages, each text
being equally authentic.
DONE At Geneva this 6th day of May, one thousand nine hundred
and ninety three.
IN WITNESS WHEREOF the undersigned being duly authorized by
their respective Governments for that purpose have signed this Convention.
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