IMO, International Convention On Salvage, 1989

International Maritime Organization (IMO)

copy @ lexmercatoria.org
Copyright © 1989 International Maritime Organization
(IMO)

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 Contents

Contents Article 23 - Limitation of actions . . . . . . . . . . . . . 6

Article 24 - Interest . . . . . . . . . . . . . . . . . . . . 6
The International Convention On Salvage, IMO 1989 1 Article 25 - State-owned cargoes . . . . . . . . . . . . 6
Article 26 - Humanitarian cargoes . . . . . . . . . . . 6
Chapter I - General provisions 1 Article 27 - Publication of arbitral awards . . . . . . . . 6
Article 1 - Definitions . . . . . . . . . . . . . . . . . . . 1
Chapter V - Final clauses 6
Article 2 - Application of the Convention . . . . . . . . 1
Article 28 - Signature, ratification, acceptance
Article 3 - Platforms and drilling units . . . . . . . . . . 1
approval and accession . . . . . . . . . . . . . . 6
Article 4 - State-owned vessels . . . . . . . . . . . . . 1
Article 29 - Entry into force . . . . . . . . . . . . . . . 7
Article 5 - Salvage operations controlled by public au-
Article 30 - Reservations . . . . . . . . . . . . . . . . . 7
thorities . . . . . . . . . . . . . . . . . . . . . . . 2
Article 31 - Denunciation . . . . . . . . . . . . . . . . . 7
Article 6 - Salvage contracts . . . . . . . . . . . . . . . 2
Article 32 - Revision and amendment . . . . . . . . . 7
Article 7 - Annulment and modification of contracts . . 2
Article 33 - Depositary . . . . . . . . . . . . . . . . . . 8
Chapter II - Performance of salvage operations 2 Article 34 - Languages . . . . . . . . . . . . . . . . . . 8
Article 8 - Duties of the salvor and of the owner and
Metadata 9
master . . . . . . . . . . . . . . . . . . . . . . . . 2
SiSU Metadata, document information . . . . . . . . . 9
Article 9 - Rights of coastal States . . . . . . . . . . . 3
Article 10 - Duty to render assistance . . . . . . . . . 3
Article 11 - Co-operation . . . . . . . . . . . . . . . . . 3

Chapter III - Rights of salvors 3

Article 12 - Conditions for reward . . . . . . . . . . . . 3
Article 13 - Criteria for fixing the reward . . . . . . . . 3
Article 14 - Special compensation . . . . . . . . . . . 4
Article 15 - Apportionment between salvors . . . . . . 4
Article 16 - Salvage of persons . . . . . . . . . . . . . 5
Article 17 - Services rendered under existing contracts 5
Article 18 - The effect of salvor's misconduct . . . . . 5
Article 19 - Prohibition of salvage operations . . . . . 5

Chapter IV - Claims and actions 5

Article 20 - Maritime lien . . . . . . . . . . . . . . . . . 5
Article 21 - Duty to provide security . . . . . . . . . . . 5
Article 22 - Interim payment . . . . . . . . . . . . . . . 6

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 IMO, International Convention On Salvage, 1989

1 The International Convention On Salvage, IMO navigation.

1989
(c) Property means any property not permanently and intention- 13

ally attached to the shoreline and includes freight at risk.

2 THE STATES PARTIES TO THE PRESENT CONVEN-
TION (d) Damage to the environment means substantial physical 14

damage to human health or to marine life or resources in

3 RECOGNIZING the desirability of determining by agreement
coastal or inland waters or areas adjacent thereto, caused
uniform international rules regarding salvage operations,
by pollution, contamination, fire, explosion or similar major
4 NOTING that substantial developments, in particular the incidents.
increased concern for the protection of the environment,
(e) Payment means any reward, remuneration or compensation 15
have demonstrated the need to review the international rules
due under this Convention.
presently contained in the Convention for the Unification of
Certain Rules of Law relating to Assistance and Salvage at (f) Organization means the International Maritime Organiza- 16

Sea, done at Brussels, 23 September 1910, tion.

5 CONSCIOUS of the major contribution which efficient and (g) Secretary-General means the Secretary-General of the Or- 17

timely salvage operations can make to the safety of vessels ganization.

and other property in danger and to the protection of the
environment,
Article 2 - Application of the Convention 18

6 CONVINCED of the need to ensure that adequate incentives

are available to persons who undertake salvage operations in This Convention shall apply whenever judicial or arbitral pro- 19

respect of vessels and other property in danger, ceedings relating to matters dealt with in this Convention are
brought in a State Party.
7 HAVE AGREED as follows:

Article 3 - Platforms and drilling units 20

8 Chapter I - General provisions
This Convention shall not apply to fixed or floating platforms or 21
9 Article 1 - Definitions
to mobile offshore drilling units when such platforms or units are
on location engaged in the exploration, exploitation or produc-
10 For the purpose of this Convention:
tion of sea-bed mineral resources.
11 (a) Salvage operation means any act or activity undertaken to
assist a vessel or any other property in danger in navigable wa-
Article 4 - State-owned vessels 22
ters or in any other waters whatsoever.
12 (b) Vessel means any ship or craft, or any structure capable of 1. Without prejudice to article 5, this Convention shall not apply 23

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 IMO, International Convention On Salvage, 1989

to warships or other non-commercial vessels owned or oper- conclude such contracts on behalf of the owner of the property
ated by a State and entitled, at the time of salvage operations, on board the vessel.
to sovereign immunity under generally recognized principles of
3. Nothing in this article shall affect the application of article 32
international law unless that State decides otherwise.
7 nor duties to prevent or minimize damage to the environ-
24 2. Where a State Party decides to apply the Convention to its ment.
warships or other vessels described in paragraph 1, it shall no-
tify the Secretary-General thereof specifying the terms and con-
Article 7 - Annulment and modification of contracts 33
ditions of such application.
A contract or any terms thereof may be annulled or modified 34

25 Article 5 - Salvage operations controlled by public if:

authorities (a) the contract has been entered into under undue influence or 35

the influence of danger and its terms are inequitable; or

26 1. This Convention shall not affect any provisions of national
law or any international convention relating to salvage opera- (b) the payment under the contract is in an excessive degree 36

tions by or under the control of public authorities. too large or too small for the services actually rendered.

27 2. Nevertheless, salvors carrying out such salvage operations

shall be entitled to avail themselves of the rights and reme- Chapter II - Performance of salvage operations 37

dies provided for in this Convention in respect of salvage op-

erations. Article 8 - Duties of the salvor and of the owner and 38

master
28 3. The extent to which a public authority under a duty to perform
salvage operations may avail itself of the rights and remedies 1. The salvor shall owe a duty to the owner of the vessel or 39
provided for in this Convention shall be determined by the law other property in danger:
of the State where such authority is situated.
(a) to carry out the salvage operations with due care; 40

(b) in performing the duty specified in subparagraph (a), to ex- 41

29 Article 6 - Salvage contracts
ercise due care to prevent or minimize damage to the environ-
ment;
30 1. This Convention shall apply to any salvage operations save
to the extent that a contract otherwise provides expressly or by (c) whenever circumstances reasonably require, to seek assis- 42

implication. tance from other salvors; and

31 2. The master shall have the authority to conclude contracts for (d) to accept the intervention of other salvors when reasonably 43

salvage operations on behalf of the owner of the vessel. The requested to do so by the owner or master of the vessel or other
master or the owner of the vessel shall have the authority to property in danger; provided however that the amount of his

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 IMO, International Convention On Salvage, 1989

reward shall not be prejudiced should it be found that such a Article 11 - Co-operation 54

request was unreasonable.

A State Party shall, whenever regulating or deciding upon mat- 55
44 2. The owner and master of the vessel or the owner of other
ters relating to salvage operations such as admittance to ports
property in danger shall owe a duty to the salvor:
of vessels in distress or the provision of facilities to salvors, take
45 (a) to co-operate fully with him during the course of the salvage into account the need for co-operation between salvors, other
operations; interested parties and public authorities in order to ensure the
46 (b) in so doing, to exercise due care to prevent or minimize efficient and successful performance of salvage operations for
damage to the environment; and the purpose of saving life or property in danger as well as pre-
venting damage to the environment in general.
47 (c) when the vessel or other property has been brought to a
place of safety, to accept redelivery when reasonably requested
by the salvor to do so. Chapter III - Rights of salvors 56

Article 12 - Conditions for reward 57

48 Article 9 - Rights of coastal States

49 Nothing in this Convention shall affect the right of the coastal 1. Salvage operations which have had a useful result give right 58

State concerned to take measures in accordance with generally to a reward.

recognized principles of international law to protect its coast- 2. Except as otherwise provided, no payment is due under this 59
line or related interests from pollution or the threat of pollution Convention if the salvage operations have had no useful re-
following upon a maritime casualty or acts relating to such a sult.
casualty which may reasonably be expected to result in major
harmful consequences, including the right of a coastal State to 3. This chapter shall apply, notwithstanding that the salved ves- 60

give directions in relation to salvage operations. sel and the vessel undertaking the salvage operations belong
to the same owner.

50 Article 10 - Duty to render assistance

Article 13 - Criteria for fixing the reward 61

51 1. Every master is bound, so far as he can do so without serious

danger to his vessel and persons thereon, to render assistance 1. The reward shall be fixed with a view to encouraging salvage 62

to any person in danger of being lost at sea. operations, taking into account the following criteria without re-
gard to the order in which they are presented below:
52 2. The States Parties shall adopt the measures necessary to
enforce the duty set out in paragraph 1. (a) the salved value of the vessel and other property; 63

53 3. The owner of the vessel shall incur no liability for a breach (b) the skill and efforts of the salvors in preventing or minimizing 64

of the duty of the master under paragraph 1. damage to the environment;

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(c) the measure of success obtained by the salvor; 65 in accordance with this article, he shall be entitled to special
66 (d) the nature and degree of the danger; compensation from the owner of that vessel equivalent to his
expenses as herein defined.
67 (e) the skill and efforts of the salvors in salving the vessel, other
2. If, in the circumstances set out in paragraph 1, the salvor 77
property and life;
by his salvage operations has prevented or minimized damage
68 (f) the time used and expenses and losses incurred by the to the environment, the special compensation payable by the
salvors; owner to the salvor under paragraph 1 may be increased up
69 (g) the risk of liability and other risks run by the salvors or their to a maximum of 30% of the expenses incurred by the salvor.
equipment; However, the tribunal, if it deems it fair and just to do so and
bearing in mind the relevant criteria set out in article 13, para-
70 (h) the promptness of the services rendered; graph 1, may increase such special compensation further, but
71 (i) the availability and use of vessels or other equipment in- in no event shall the total increase be more than 100% of the
tended for salvage operations; expenses incurred by the salvor.
72 (j) the state of readiness and efficiency of the salvor's equip- 3. Salvor's expenses for the purpose of paragraphs 1 and 2 78

ment and the value thereof. means the out-of-pocket expenses reasonably incurred by the
salvor in the salvage operation and a fair rate for equipment and
73 2. Payment of a reward fixed according to paragraph 1 shall be
personnel actually and reasonably used in the salvage opera-
made by all of the vessel and other property interests in propor-
tion, taking into consideration the criteria set out in article 13,
tion to their respective salved values. However, a State Party
paragraph 1 (h), (i) and (j).
may in its national law provide that the payment of a reward
has to be made by one of these interests, subject to a right of 4. The total special compensation under this article shall 79

recourse of this interest against the other interests for their re- be paid only if and to the extent that such compensation is
spective shares. Nothing in this article shall prevent any right greater than any reward recoverable by the salvor under article
of defence. 13.
74 3. The rewards, exclusive of any interest and recoverable legal 5. If the salvor has been negligent and has thereby failed to 80

costs that may be payable thereon, shall not exceed the salved prevent or minimize damage to the environment, he may be
value of the vessel and other property. deprived of the whole or part of any special compensation due
under this article.

75 Article 14 - Special compensation 6. Nothing in this article shall affect any right of recourse on the 81

part of the owner of the vessel.

76 1. If the salvor has carried out salvage operations in respect
of a vessel which by itself or its cargo threatened damage to Article 15 - Apportionment between salvors 82
the environment and has failed to earn a reward under article
13 at least equivalent to the special compensation assessable 1. The apportionment of a reward under article 13 between 83

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 IMO, International Convention On Salvage, 1989

salvors shall be made on the basis of the criteria contained in or neglect on his part or if the salvor has been guilty of fraud or
that article. other dishonest conduct.
84 2. The apportionment between the owner, master and other
persons in the service of each salving vessel shall be deter- Article 19 - Prohibition of salvage operations 92

mined by the law of the flag of that vessel. If the salvage has not
been carried out from a vessel, the apportionment shall be de- Services rendered notwithstanding the express and reasonable 93

termined by the law governing the contract between the salvor prohibition of the owner or master of the vessel or the owner of
and his servants. any other property in danger which is not and has not been
on board the vessel shall not give rise to payment under this
85 Article 16 - Salvage of persons Convention

86 1. No remuneration is due from persons whose lives are saved, Chapter IV - Claims and actions 94
but nothing in this article shall affect the provisions of national
law on this subject. Article 20 - Maritime lien 95

87 2. A salvor of human life, who has taken part in the services

rendered on the occasion of the accident giving rise to salvage, 1. Nothing in this Convention shall affect the salvor's maritime 96

is entitled to a fair share of the payment awarded to the salvor lien under any international convention or national law.
for salving the vessel or other property or preventing or mini- 2. The salvor may not enforce his maritime lien when satis- 97
mizing damage to the environment. factory security for his claim, including interest and costs, has
been duly tendered or provided.
88 Article 17 - Services rendered under existing
contracts Article 21 - Duty to provide security 98

89 No payment is due under the provisions of this Convention un- 1. Upon the request of the salvor a person liable for a payment 99
less the services rendered exceed what can be reasonably con- due under this Convention shall provide satisfactory security for
sidered as due performance of a contract entered into before the claim, including interest and costs of the salvor.
the danger arose.
2. Without prejudice to paragraph 1, the owner of the salved 100

vessel shall use his best endeavours to ensure that the own-
90 Article 18 - The effect of salvor's misconduct
ers of the cargo provide satisfactory security for the claims
against them including interest and costs before the cargo is
91 A salvor may be deprived of the whole or part of the payment
released.
due under this Convention to the extent that the salvage opera-
tions have become necessary or more difficult because of fault 3. The salved vessel and other property shall not, without the 101

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 IMO, International Convention On Salvage, 1989

consent of the salvor, be removed from the port or place at 109 Article 24 - Interest
which they first arrive after the completion of the salvage oper-
ations until satisfactory security has been put up for the salvor's The right of the salvor to interest on any payment due under 110

claim against the relevant vessel or property. this Convention shall be determined according to the law of the
State in which the tribunal seized of the case is situated.

102 Article 22 - Interim payment

Article 25 - State-owned cargoes 111

103 1. The tribunal having jurisdiction over the claim of the salvor Unless the State owner consents, no provision of this Conven- 112
may, by interim decision, order that the salvor shall be paid on tion shall be used as a basis for the seizure, arrest or detention
account such amount as seems fair and just, and on such terms by any legal process of, nor for any proceedings in rem against,
including terms as to security where appropriate, as may be fair non-commercial cargoes owned by a State and entitled, at the
and just according to the circumstances of the case. time of the salvage operations, to sovereign immunity under
generally recognized principles of international law.
104 2. In the event of an interim payment under this article the
security provided under article 21 shall be reduced accord-
ingly. Article 26 - Humanitarian cargoes 113

No provision of this Convention shall be used as a basis for the 114

105 Article 23 - Limitation of actions seizure, arrest or detention of humanitarian cargoes donated
by a State, if such State has agreed to pay for salvage services
106 1. Any action relating to payment under this Convention shall rendered in respect of such humanitarian cargoes.
be time-barred if judicial or arbitral proceedings have not been
instituted within a period of two years. The limitation period Article 27 - Publication of arbitral awards 115
commences on the day on which the salvage operations are
terminated. States Parties shall encourage, as far as possible and with the 116

consent of the parties, the publication of arbitral awards made

107 2. The person against whom a claim is made may at any time
in salvage cases.
during the running of the limitation period extend that period by
a declaration to the claimant. This period may in the like manner
be further extended. Chapter V - Final clauses 117

108 3. An action for indemnity by a person liable may be instituted Article 28 - Signature, ratification, acceptance approval 118

even after the expiration of the limitation period provided for in and accession
the preceding paragraphs, if brought within the time allowed by
the law of the State where proceedings are instituted. 1. This Convention shall be open for signature at the Head- 119

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 IMO, International Convention On Salvage, 1989

quarters of the Organization from 1 July 1989 to 30 June 1990 no vessel is involved;
and shall thereafter remain open for accession.
(c) when all interested parties are nationals of that State; 132

120 2. States may express their consent to be bound by this Con-

(d) when the property involved is maritime cultural property of 133
vention by:
prehistoric, archaeological or historic interest and is situated on
121 (a) signature without reservation as to ratification, acceptance the sea-bed.
or approval; or
2. Reservations made at the time of signature are subject to 134
122 (b) signature subject to ratification, acceptance or approval, fol- confirmation upon ratification, acceptance or approval.
lowed by ratification, acceptance or approval; or
3. Any State which has made a reservation to this Conven- 135
123 (c) accession. tion may withdraw it at any time by means of a notification ad-
124 3. Ratification, acceptance, approval or accession shall be ef- dressed to the Secretary-General. Such withdrawal shall take
fected by the deposit of an instrument to that effect with the effect on the date the notification is received. If the notification
Secretary-General. states that the withdrawal of a reservation is to take effect on
a date specified therein, and such date is later than the date
the notification is received by the Secretary-General, the with-
125 Article 29 - Entry into force
drawal shall take effect on such later date.
126 1. This Convention shall enter into force one year after the date
on which 15 States have expressed their consent to be bound Article 31 - Denunciation 136

by it.
127 2. For a State which expresses its consent to be bound by this 1. This Convention may be denounced by any State Party at 137

Convention after the conditions for entry into force thereof have any time after the expiry of one year from the date on which this
been met, such consent shall take effect one year after the date Convention enters into force for that State.
of expression of such consent. 2. Denunciation shall be effected by the deposit of an instru- 138

ment of denunciation with the Secretary-General.

128 Article 30 - Reservations 3. A denunciation shall take effect one year, or such longer pe- 139

riod as may be specified in the instrument of denunciation, after

129 1. Any State may, at the time of signature, ratification, accep- the receipt of the instrument of denunciation by the Secretary-
tance, approval or accession, reserve the right not to apply the General.
provisions of this Convention:
130 (a) when the salvage operation takes place in inland waters and
Article 32 - Revision and amendment 140
all vessels involved are of inland navigation;
131 (b) when the salvage operations take place in inland waters and 1. A conference for the purpose of revising or amending this 141

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 IMO, International Convention On Salvage, 1989

Convention may be convened by the Organization. Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the Charter of the
142 2. The Secretary-General shall convene a conference of the
United Nations.
States Parties to this Convention for revising or amending the
Convention, at the request of eight States Parties, or one fourth
of the States Parties, whichever is the higher figure. Article 34 - Languages 155

143 3. Any consent to be bound by this Convention expressed after

This Convention is established in a single original in the Arabic, 156
the date of entry into force of an amendment to this Convention
Chinese, English, French, Russian and Spanish languages,
shall be deemed to apply to the Convention as amended.
each text being equally authentic.
IN WITNESS WHEREOF the undersigned being duly autho- 157
144 Article 33 - Depositary
rized by their respective Governments for that purpose have
145 1. This convention shall be deposited with the Secretary- signed this Convention.
General. DONE AT LONDON this twenty-eighth day of April one thou- 158

146 2. The Secretary-General shall: sand nine hundred and eighty-nine.

147 (a) inform all States which have signed this Convention or ac-
ceded thereto, and all Members of the Organization, of:
148 (i) each new signature or deposit of an instrument of ratifica-
tion, acceptance, approval or accession together with the date
thereof;
149 (ii) the date of the entry into force of this Convention;
150 (iii) the deposit of any instrument of denunciation of this Con-
vention together with the date on which it is received and the
date on which the denunciation takes effect;
151 (iv) any amendment adopted in conformity with article 32;
152 (v) the receipt of any reservation, declaration or notification
made under this Convention;
153 (b) transmit certified true copies of this Convention to all States
which have signed this Convention or acceded thereto.
154 3. As soon as this Convention enters into force, a certified
true copy thereof shall be transmitted by the Depositary to the

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Metadata

SiSU Metadata, document information

Document Manifest @:
‹http://www.jus.uio.no/lm/imo.salvage.convention.1989/sisu_manifest.
html›
Title: IMO, International Convention On Salvage, 1989
Creator: International Maritime Organization (IMO)
Rights: Copyright (C) 1989 International Maritime Organization (IMO)
Publisher: SiSU ‹http://www.jus.uio.no/sisu› (this copy)
Date: 1989
Topics Registered: International Maritime Organization:convention;salvage:-
convention

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