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Summary Information
Full Title

1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea

Short Title / Abbreviations

HNS 1996

CIL Subject Classification
Citations to Text 35 ILM 1415 (1996)
Date of Adoption 03/05/1996
Place of Adoption London, United Kingdom
Secretariat / Relevant Authority

International Maritime Organization / International Oil Pollution Compensation Funds

Dispute settlement provisions

See Chapter IV – Claims and Actions.

Depository

Government of Spain

Annexes

Annex I: Certificate of Insurance or Other Financial Security in respect of Liability for Damage Caused by Hazardous and Noxious Substances (HNS)

Annex II: Regulations for the Calculation of Annual Contributions to the General Account

Entry Into Force Status Not In Force
Entry into Force / Termination Provisions

Entry into Force, Article 46:

“1. This Convention shall enter into force 18 months after the date on which the following conditions are fulfilled:

(a) At least 12 States, including four States each with not less than 2 million units of gross tonnage have expressed their consent to be bound by it, and

(b) The Secretary-General has received information in accordance with article 43 that those persons in such states who would be liable to contribute pursuant to article 18, paragraphs 1(a) and (c), have received during the preceding calendar year a total quantity of at least 40 million tonnes of cargo contributing to the general account.

  1. For a state which expresses its consent to be bound by this Convention after the conditions for entry into force have been met, such consent shall take effect three months after the date of expression of such consent, or on the date on which this Convention enters into force in accordance with paragraph 1, whichever is the later.”

Cessation, Article 51:

“1. This Convention shall cease to be in force:

(a) on the date when the number of States Parties falls below six; or

(b) twelve months after the date on which data concerning a previous calendar year were to be communicated to the Director in accordance with article 21, if the data show that the total quantity of contributing cargo to the general account in accordance with article 18, paragraphs 1(a) and (c), received in the States Parties that preceding calendar year was less than 30 million tonnes. Notwithstanding (b), if the total quantity of contributing cargo to the general account in accordance with article 18, paragraphs 1(a) and (c), received in the States Parties in the preceding calendar year was less than 30 million tonnes but more than 25 million tonnes, the Assembly may, if it considers that this was due to exceptional circumstances and is not likely to be repeated, decide before the expiry of the date of the above-mentioned 12-month period that the Convention shall continue to be in force. The Assembly may not, however, take such a decision in more than two subsequent years.. States which are bound by this Convention on the day before that date it ceases to be in force shall enable the HNS Fund to exercise its functions as described under article 52 and shall, for that purpose only, remain bound by this Convention.”

General Status 14 Contracting States (as of 18/10/2019)
Links to Current Status/Reservations IMO
Status
ASEAN States
Brunei Darussalam
Cambodia
Indonesia
Lao PDR
Malaysia
Myanmar
Philippines
Singapore
Thailand
Viet Nam
Related Instruments
Protocols / Amendments to this instrument

2010 Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

This instrument amends/supersedes

See Supersession clause, Article 42

Related Instruments

1969 International Convention on Civil Liability for Oil Pollution Damage

1971  International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

1992 Protocol to Amend the 1969 International Convention on Civil Liability for Oil Pollution Damage

1992 Protocol to amend the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

2000 Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances

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