---
title: "<Статус Международной конвенции о гражданской ответственности за ущерб от загрязнения нефтью (КГО/CLC) (Брюссель, 29 ноября 1969 года)> [рус., англ.]"
status: действует
canonical: "https://bukva.ai/docs/status-mezhdunarodnoy-konventsii-o-grazhdanskoy"
---
## <Статус Международной конвенции о гражданской ответственности за ущерб от загрязнения нефтью (КГО/CLC) (Брюссель, 29 ноября 1969 года)> [рус., англ.]
# <Статус Международной конвенции о гражданской ответственности за ущерб от загрязнения нефтью (КГО/CLC) (Брюссель, 29 ноября 1969 года)> [рус., англ.]
[неофициальный перевод]
СТАТУС МЕЖДУНАРОДНОЙ [КОНВЕНЦИИ](https://bukva.ai/docs/mezhdunarodnaya-konventsiya-o-grazhdanskoy)
О ГРАЖДАНСКОЙ ОТВЕТСТВЕННОСТИ ЗА УЩЕРБ
ОТ ЗАГРЯЗНЕНИЯ НЕФТЬЮ (КГО)
(БРЮССЕЛЬ, 29 НОЯБРЯ 1969 ГОДА)
(по состоянию на 9 декабря 2025 года)
Вступление в силу: 19.06.1975
I. Подписи
INTERNATIONAL CONVENTION
ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969 (CLC 1969)
Done at Brussels, 29 November 1969
Status as at: 09.12.2025
Entry into force: 19 June 1975
I. Signatories
| Australia | Subject to ratification 17 December 1970 |
| --- | --- |
| Belgium | Sous réserve de ratification |
| Brazil | Subject to ratification |
| Cameroon | Sous réserve de ratification |
| Cote d'Ivoire | Sous réserve de ratification |
| Dominican Republic | Subject to ratification |
| Finland | Subject to ratification 30 December 1970 |
| France | Sous réserve de ratification ou d'approbation ultérieure |
| Germany, Federal Republic of | Subject to ratification |
| Ghana | Subject to ratification |
| Guatemala | [Translation] Subject to approval, acceptance and ratification |
| Iceland | Subject to ratification |
| Indonesia | Subject to ratification |
| Ireland | Subject to acceptance and ratification |
| Italy | Sous réserve de ratification |
| Madagascar | Sous réserve de ratification |
| Monaco | Sous réserve de ratification |
| Netherlands | Subject to ratification |
| Panama | Subject to ratification |
| Poland | Subject to ratification |
| Portugal | Subject to ratification |
| Romania | Subject to ratification 30 December 1970 |
| Spain | Subject to ratification |
| Sweden | Subject to ratification |
| Switzerland | Sous réserve de ratification |
| United Kingdom | Subject to ratification |
| United States | Subject to ratification |
| Yugoslavia | Sous réserve de ratification |
II. Contracting States
| | Date of deposit of instrument or succession | Date of entry into force | Effective date of denunciation |
| --- | --- | --- | --- |
| Albania (accession) | 06.04.1994 | 05.07.1994 | 30.06.2006 |
| Algeria (accession) | 14.06.1974 | 19.06.1975 | 03.08.1999 |
| Antigua and Barbuda (accession) | 23.06.1997 | 21.09.1997 | 14.06.2001 |
| Australia (ratification) <1> | 07.11.1983 | 05.02.1984 | 15.05.1998 |
| Azerbaijan (accession) | 16.07.2004 | 14.10.2004 | |
| Bahamas (accession) | 22.07.1976 | 20.10.1976 | 15.05.1998 |
| Bahrain (accession) | 03.05.1996 | 01.08.1996 | 15.05.1998 |
| Barbados (accession) | 06.05.1994 | 04.08.1994 | 07.07.1999 |
| Belgium (ratification) <1> | 12.01.1977 | 12.04.1977 | 06.10.1999 |
| Belize (accession) | 02.04.1991 | 01.07.1991 | 27.11.1999 |
| Benin (accession) | 01.11.1985 | 30.01.1986 | |
| Brazil (ratification) | 17.12.1976 | 17.03.1977 | |
| Brunei Darussalam (accession) | 29.09.1992 | 28.12.1992 | 31.01.2003 |
| Cambodia (accession) | 28.11.1994 | 26.02.1995 | |
| Cameroon (ratification) | 14.05.1984 | 12.08.1984 | 15.10.2002 |
| Canada (accession) | 24.01.1989 | 24.04.1989 | 29.05.1999 |
| Chile (accession) | 02.08.1977 | 31.10.1977 | |
| China (accession) <1>, <2> | 30.01.1980 | 29.04.1980 | 05.01.2000 |
| Colombia (accession) | 26.03.1990 | 24.06.1990 | 25.01.2006 |
| Costa Rica (accession) | 08.12.1997 | 08.03.1998 | |
| Cote d'Ivoire (ratification) | 21.06.1973 | 19.06.1975 | |
| Croatia (succession) | - | 08.10.1991 | 30.07.1999 |
| Cyprus (accession) | 19.06.1989 | 17.09.1989 | 15.05.1998 |
| Denmark (accession) | 02.04.1975 | 19.06.1975 | 15.05.1998 |
| Djibouti (accession) | 01.03.1990 | 30.05.1990 | 17.05.2002 |
| Dominican Republic (ratification) | 02.04.1975 | 19.06.1975 | |
| Ecuador (accession) | 23.12.1976 | 23.03.1977 | |
| Egypt (accession) | 03.02.1989 | 04.05.1989 | |
| El Salvador (accession) | 02.01.2002 | 02.04.2002 | |
| Equatorial Guinea (accession) | 24.04.1996 | 23.07.1996 | |
| Estonia (accession) | 01.12.1992 | 01.03.1993 | 06.08.2005 |
| Fiji (accession) | 15.08.1972 | 19.06.1975 | 30.11.2000 |
| Finland (ratification) | 10.10.1980 | 08.01.1981 | 15.05.1998 |
| France (ratification) | 17.03.1975 | 19.06.1975 | 15.05.1998 |
| Gabon (accession) | 21.01.1982 | 21.04.1982 | 31.05.2003 |
| Gambia (accession) | 01.11.1991 | 30.01.1992 | |
| Georgia (accession) | 19.04.1994 | 18.07.1994 | |
| Germany (ratification) <1>, <3>, <4> | 20.05.1975 | 18.08.1975 | 15.05.1998 |
| Ghana (ratification) | 20.04.1978 | 19.07.1978 | |
| Greece (accession) | 29.06.1976 | 27.09.1976 | 15.05.1998 |
| Guatemala (acceptance) <1> | 20.10.1982 | 18.01.1983 | 17.05.2025 |
| Guyana (accession) | 10.12.1997 | 10.03.1998 | |
| Honduras (accession) | 02.12.1998 | 02.03.1999 | |
| Iceland (ratification) | 17.07.1980 | 15.10.1980 | 10.02.2001 |
| India (accession) | 01.05.1987 | 30.07.1987 | 21.06.2001 |
| Indonesia (ratification) | 01.09.1978 | 30.11.1978 | |
| Ireland (ratification) | 19.11.1992 | 17.02.1993 | 15.05.1998 |
| Italy (ratification) <1> | 27.02.1979 | 28.05.1979 | 08.10.2000 |
| Japan (accession) | 03.06.1976 | 01.09.1976 | 15.05.1998 |
| Jordan (accession) | 14.10.2003 | 12.01.2004 | 08.01.2020 |
| Kazakhstan (accession) | 07.03.1994 | 05.06.1994 | |
| Kenya (accession) | 15.12.1992 | 15.03.1993 | 07.07.2001 |
| Kuwait (accession) | 02.04.1981 | 01.07.1981 | |
| Latvia (accession) | 10.07.1992 | 08.10.1992 | 19.07.2011 |
| Lebanon (accession) | 09.04.1974 | 19.06.1975 | |
| Liberia (accession) | 25.09.1972 | 19.06.1975 | 15.05.1998 |
| Libya (accession) | 28.04.2005 | 26.07.2005 | |
| Luxembourg (accession) | 14.02.1991 | 15.05.1991 | 21.11.2006 |
| Malaysia (accession) | 06.01.1995 | 06.04.1995 | 09.06.2005 |
| Maldives (accession) | 16.03.1981 | 14.06.1981 | |
| Malta (accession) | 27.09.1991 | 26.12.1991 | 06.01.2001 |
| Marshall Islands (accession) | 24.01.1994 | 24.04.1994 | 15.05.1998 |
| Mauritania (accession) | 17.11.1995 | 15.02.1996 | 04.05.2013 |
| Mauritius (accession) | 06.04.1995 | 05.07.1995 | 06.12.2000 |
| Mexico (accession) | 13.05.1994 | 11.08.1994 | 15.05.1998 |
| Monaco (ratification) | 21.08.1975 | 19.11.1975 | 15.05.1998 |
| Mongolia (accession) | 03.03.2003 | 01.06.2003 | |
| Montenegro (succession) <6>, <7> | - | 06.06.2006 | 23.02.2008 |
| Morocco (accession) | 11.04.1974 | 19.06.1975 | 25.10.2001 |
| Mozambique (accession) | 23.12.1996 | 23.03.1997 | 26.04.2003 |
| Netherlands (ratification) | 09.09.1975 | 08.12.1975 | 15.05.1998 |
| New Zealand (accession) | 27.04.1976 | 26.07.1976 | 25.06.1999 |
| Nicaragua (accession) | 04.06.1996 | 02.09.1996 | 04.04.2015 |
| Nigeria (accession) | 07.05.1981 | 05.08.1981 | 24.05.2003 |
| Norway (accession) | 21.03.1975 | 19.06.1975 | 15.05.1998 |
| Oman (accession) | 24.01.1985 | 24.04.1985 | 15.05.1998 |
| Panama (ratification) | 07.01.1976 | 06.04.1976 | 11.05.2000 |
| Papua New Guinea (accession) | 12.03.1980 | 10.06.1980 | 23.01.2002 |
| Peru (accession) <1> | 24.02.1987 | 25.05.1987 | |
| Poland (ratification) | 18.03.1976 | 16.06.1976 | 21.12.2000 |
| Portugal (ratification) | 26.11.1976 | 24.02.1977 | 01.12.2005 |
| Qatar (accession) | 02.06.1988 | 31.08.1988 | 20.11.2002 |
| Republic of Korea (accession) | 18.12.1978 | 18.03.1979 | 15.05.1998 |
| Russian Federation (accession) <1>, <5> | 24.06.1975 | 22.09.1975 | 20.03.2001 |
| Saint Kitts and Nevis (accession) <1> | 14.09.1994 | 13.12.1994 | |
| Saint Vincent and the Grenadines (accession) | 19.04.1989 | 18.07.1989 | 09.10.2002 |
| Sao Tome and Principe (accession) | 29.10.1998 | 27.01.1999 | |
| Saudi Arabia (accession) <1> | 15.04.1993 | 14.07.1993 | |
| Senegal (accession) | 27.03.1972 | 19.06.1975 | |
| Serbia (succession) <6>, <7> | - | 03.06.2006 | 25.05.2012 |
| Seychelles (accession) | 12.04.1988 | 11.07.1988 | 23.07.2000 |
| Sierra Leone (accession) | 13.08.1993 | 11.11.1993 | 04.06.2002 |
| Singapore (accession) | 16.09.1981 | 15.12.1981 | 31.12.1998 |
| Slovenia (succession) | - | 25.06.1991 | 19.07.2001 |
| South Africa (accession) | 17.03.1976 | 15.06.1976 | 01.10.2005 |
| Spain (ratification) | 08.12.1975 | 07.03.1976 | 15.05.1998 |
| Sri Lanka (accession) | 12.04.1983 | 11.07.1983 | 22.01.2000 |
| Sweden (ratification) | 17.03.1975 | 19.06.1975 | 15.05.1998 |
| Switzerland (ratification) | 15.12.1987 | 14.03.1988 | 15.05.1998 |
| Syrian Arab Republic (accession) <1> | 06.02.1975 | 19.06.1975 | |
| Tonga (accession) | 01.02.1996 | 01.05.1996 | 10.12.2000 |
| Tunisia (accession) | 04.05.1976 | 02.08.1976 | 15.05.1998 |
| Turkmenistan (accession) | 21.09.2009 | 20.12.2009 | |
| Tuvalu (succession) | - | 01.10.1978 | 30.06.2005 |
| United Arab Emirates (accession) | 15.12.1983 | 14.03.1984 | |
| United Kingdom (ratification) <8> | 17.03.1975 | 19.06.1975 | 15.05.1998 |
| Vanuatu (accession) | 02.02.1983 | 03.05.1983 | 18.02.2000 |
| Venezuela (Bolivarian Republic of) (accession) | 21.01.1992 | 20.04.1992 | 22.07.1999 |
| Yemen (accession) | 06.03.1979 | 04.06.1979 | 31.07.2008 |
| Number of Contracting States: | 31 |
| --- | --- |
| | (the combined merchant fleets of which constitute approximately 2.58% of the world's merchant fleet) |
---
<1> For the text of a declaration, reservation or statement see section IV.
<2> Applied to the Hong Kong Special Administrative Region with effect from 1 July 1997.
Ceased to apply to Hong Kong
<3> On 3 October 1990 the German Democratic Republic acceded to the Federal Republic of Germany. The German Democratic Republic had acceded <1> to the Convention on 13 March 1978.
<4> In accordance with the intention expressed by the Government of the Federal Republic of Germany and based on its interpretation of article XV of the Convention.
<5> As from 26 December 1991 the membership of the USSR in the Convention is continued by the Russian Federation.
<6> As from 4 February 2003, the name of the State of the Federal Republic of Yugoslavia was changed to Serbia and Montenegro. The date of succession by Serbia and Montenegro to the Convention is the date on which the Federal Republic of Yugoslavia assumed responsibility for its international relations.
<7> Following the dissolution of the State Union of Serbia and Montenegro on 3 June 2006, all Treaty actions undertaken by Serbia and Montenegro continue to be in force with respect to Republic of Serbia. Montenegro has informed that it wished to succeed to this treaty with effect from the same date, ie. 3 June 2006.
<8> The United Kingdom declared ratification to be effective also in respect of:
| Anguilla | | 8 May 1984 | 1 September 1984 |
| --- | --- | --- | --- |
| Bailiwick of Jersey | ) | | |
| Bailiwick of Guernsey | ) | 1 March 1976 | 1 February 1976 |
| Isle of Man | ) | | |
| Bermuda | | 1 March 1976 | 3 February 1976 |
| Belize | ) | | |
| British Indian Ocean Territory | ) | | |
| British Virgin Islands | ) | | |
| Cayman Islands | ) | | |
| Falkland Islands and Dependencies | ) | | |
| Gibraltar | ) | | |
| Gilbert Islands | ) | | |
| Hong Kong | ) | | |
| Montserrat | ) | 1 April 1976 | 1 April 1976 |
| Pitcairn | ) | | |
| St. Helena, Ascension and Tristan da Cunha | ) | | |
| Seychelles | ) | | |
| Solomon Islands | ) | | |
| Turks and Caicos Islands | ) | | |
| Tuvalu | ) | | |
| United Kingdom Sovereign Base Areas of Akrotiri | ) | | |
| and Dhekelia in the Island of Cyprus | ) | | |
Has since become an independent State and Contracting State to the Convention.
The depositary received a communication dated 16 August 1976 from the Embassy of the Argentine Republic in London. The communication, the full text of which was circulated by the depositary, includes the following:
"The extension of the convention to the Islas Malvinas, Georgias del Sur and Sandwich del Sur notified by the Government of the United Kingdom of Great Britain and Northern Ireland to the Secretary-General, on 1 April 1976... under the erroneous denomination of "Falkland Islands and Dependencies" - [does] not in any way affect the rights of the Argentine Republic over those islands which are part of its territory and come under the administrative jurisdiction of the Territorio Nacional de Tierra del Fuego, Antártida e Islas del Atlántico Sur.
"The aforementioned islands were occupied by force by a foreign power. The situation has been considered by the United Nations Assembly which adopted resolutions 2065(XX) and 3160(XXVIII). In both resolutions the existence of a dispute regarding the sovereignty over the archipelago was confirmed and the Argentine Republic and the occupying power were urged to negotiate with a view to finding a definitive solution to the dispute."
The depositary received the following communication dated 20 September 1976 from the Government of the United Kingdom.
"...With reference to the statement of the Embassy of the Argentine Republic... Her Majesty's Government is bound to state that they have no doubt as to United Kingdom sovereignty over the Falkland Islands and the Falkland Islands dependencies."
Has since become the independent State of Kiribati to which the Convention applies provisionally.
Ceased to apply to Hong Kong with effect from 1 July 1997.
** The depositary received a communication, dated 2 March 2010, from the Foreign and Commonwealth Office in London, informing that the name of the British overseas territory formerly called "St. Helena and Dependencies" has been changed to "St. Helena, Ascension and Tristan da Cunha". The status of the territory as a British overseas territory remains unchanged.**
** Has since become the independent State of Seychelles.**
** Has since become an independent State to which the Convention applies provisionally.**
III. States which have denounced the Convention
| | Date of receipt of denunciation | Effective date of denunciation |
| --- | --- | --- |
| Albania | 30 June 2005 | 30 June 2006 |
| Algeria | 3 August 1998 | 3 August 1999 |
| Antigua and Barbuda | 14 June 2000 | 14 June 2001 |
| Australia | 7 April 1997 | 15 May 1998 |
| Bahamas | 1 April 1997 | 15 May 1998 |
| Bahrain | 12 May 1997 | 15 May 1998 |
| Barbados | 7 July 1998 | 7 July 1999 |
| Belgium | 6 October 1998 | 6 October 1999 |
| Belize | 27 November 1998 | 27 November 1999 |
| Brunei Darussalam | 31 January 2002 | 31 January 2003 |
| Cameroon | 15 October 2001 | 15 October 2002 |
| Canada | 29 May 1998 | 29 May 1999 |
| China <1> | 5 January 1999 | 5 January 2000 |
| Colombia | 25 January 2005 | 25 January 2006 |
| Croatia | 30 July 1998 | 30 July 1999 |
| Cyprus | 12 May 1997 | 15 May 1998 |
| Denmark | 20 March 1997 | 15 May 1998 |
| Djibouti | 17 May 2001 | 17 May 2002 |
| Estonia | 6 August 2004 | 6 August 2005 |
| Fiji | 30 November 1999 | 30 November 2000 |
| Finland | 29 April 1997 | 15 May 1998 |
| France | 11 March 1997 | 15 May 1998 |
| Gabon | 31 May 2002 | 31 May 2003 |
| Gambia | 30 October 2019 | 30 October 2020 |
| Germany | 25 April 1997 | 15 May 1998 |
| Greece | 2 May 1997 | 15 May 1998 |
| Guatemala | 17 May 2024 | 17 May 2025 |
| Iceland | 10 February 2000 | 10 February 2001 |
| India | 21 June 2000 | 21 June 2001 |
| Ireland | 15 May 1997 | 15 May 1998 |
| Italy | 8 October 1999 | 8 October 2000 |
| Japan | 9 May 1997 | 15 May 1998 |
| Jordan | 8 January 2019 | 8 January 2020 |
| Kenya | 7 July 2000 | 7 July 2001 |
| Latvia | 19 July 2010 | 19 July 2011 |
| Liberia | 21 April 1997 | 15 May 1998 |
| Luxembourg | 21 November 2005 | 21 November 2006 |
| Malaysia | 9 June 2004 | 9 June 2005 |
| Malta | 6 January 2000 | 6 January 2001 |
| Marshall Islands | 18 March 1997 | 15 May 1998 |
| Mauritania | 4 May 2012 | 4 May 2013 |
| Mauritius | 6 December 1999 | 6 December 2000 |
| Mexico | 13 May 1997 | 15 May 1998 |
| Monaco | 28 April 1997 | 15 May 1998 |
| Montenegro | 23 February 2007 | 23 February 2008 |
| Morocco | 25 October 2000 | 25 October 2001 |
| Mozambique | 26 April 2002 | 26 April 2003 |
| Netherlands | 20 January 1997 | 15 May 1998 |
| New Zealand | 25 June 1998 | 25 June 1999 |
| Nicaragua | 4 April 2014 | 4 April 2015 |
| Nigeria | 24 May 2002 | 24 May 2003 |
| Norway | 16 April 1997 | 15 May 1998 |
| Oman | 28 April 1997 | 15 May 1998 |
| Panama | 11 May 1999 | 11 May 2000 |
| Papua New Guinea | 23 January 2001 | 23 January 2002 |
| Poland | 21 December 1999 | 21 December 2000 |
| Portugal | 1 December 2004 | 1 December 2005 |
| Qatar | 20 November 2001 | 20 November 2002 |
| Republic of Korea | 7 March 1997 | 15 May 1998 |
| Russian Federation | 20 March 2000 | 20 March 2001 |
| Saint Vincent and the Grenadines | 9 October 2001 | 9 October 2002 |
| Serbia | 25 May 2011 | 25 May 2012 |
| Seychelles | 23 July 1999 | 23 July 2000 |
| Sierra Leone | 4 June 2001 | 4 June 2002 |
| Singapore | 31 December 1997 | 31 December 1998 |
| Slovenia | 19 July 2000 | 19 July 2001 |
| South Africa | 1 October 2004 | 1 October 2005 |
| Spain | 13 May 1997 | 15 May 1998 |
| Sri Lanka | 22 January 1999 | 22 January 2000 |
| Sweden | 18 February 1997 | 15 May 1998 |
| Switzerland | 9 May 1997 | 15 May 1998 |
| Tonga | 10 December 1999 | 10 December 2000 |
| Tunisia | 12 May 1997 | 15 May 1998 |
| Tuvalu | 30 June 2004 | 30 June 2005 |
| United Kingdom <2> | 12 May 1997 | 15 May 1998 |
| Vanuatu | 18 February 1999 | 18 February 2000 |
| Venezuela (Bolivarian Republic of) | 22 July 1998 | 22 July 1999 |
| Yemen | 31 July 2008 | 31 July 2009 |
---
<1> Also applicable to the Hong Kong Special Administrative Region.
<2> The United Kingdom declared denunciation to be effective also in respect of:
| Anguilla | Gibraltar |
| --- | --- |
| Bailiwick of Guernsey | Isle of Man |
| Bailiwick of Jersey | Montserrat |
| Bermuda | Pitcairn, Henderson, Ducie and Oeno Islands |
| British Indian Ocean Territory | South Georgia and South Sandwich Islands |
| British Virgin Islands | St. Helena, Ascension and Tristan da Cunha <*> |
| Cayman Islands | Sovereign Base Areas of Akrotiri and Dhakelia on Cyprus |
| Falkland Islands <**> | Turks and Caicos Islands |
<*> The depositary received a communication, dated 2 March 2010, from the Foreign and Commonwealth Office in London, informing that the name of the British overseas territory formerly called "St. Helena and Dependencies" has been changed to "St. Helena, Ascension and Tristan da Cunha". The status of the territory as a British overseas territory remains unchanged.
<**> A dispute exists between the Governments of Argentina and the United Kingdom of Great Britain and Northern Ireland concerning sovereignty over the Falkland Islands (Malvinas).
IV. Declarations, Reservations and Statements
Australia
The instrument of ratification of the Commonwealth of Australia was accompanied by the following declarations:
"Australia has taken note of the reservation made by the Union of Soviet Socialist Republics on its accession on 24 June 1975 to the Convention, concerning article XI(2) of the Convention. Australia wished to advise that it is unable to accept the reservation. Australia considers that international law does not grant a State the right to immunity from the jurisdiction of the courts of another State in proceedings concerning civil liability in respect of a State-owned ship used for commercial purposes. It is also Australia's understanding that the above-mentioned reservation is not intended to have the effect that the Union of Soviet Socialist Republics may claim judicial immunity of a foreign State with respect to ships owned by it, used for commercial purposes and operated by a company which in the Union of Soviet Socialist Republics is registered as the ship's operator, when actions for compensation are brought against the company in accordance with the provisions of the Convention. Australia also declares that, while being unable to accept the Soviet reservation, it does not regard that fact as precluding the entry into force of the Convention as between the Union of Soviet Socialist Republics and Australia."
"Australia has taken note of the declaration made by the German Democratic Republic on its accession on 13 March 1978 to the Convention, concerning article XI(2) of the Convention. Australia wished to declare that it cannot accept the German Democratic Republic's position on sovereign immunity. Australia considers that international law does not grant a State the right to immunity from the jurisdiction of the courts of another State in proceedings concerning civil liability in respect of a State-owned ship used for commercial purposes. Australia also declares that, while being unable to accept the declaration by the German Democratic Republic, it does not regard that fact as precluding the entry into force of the Convention as between the German Democratic Republic and Australia."
Belgium
The instrument of ratification of the Kingdom of Belgium was accompanied by a Note Verbale (in the French language) the text of which reads as follows:
[Translation]
"...The Government of the Kingdom of Belgium regrets that it is unable to accept the reservation of the Union of Soviet Socialist Republics, dated 24 June 1975, in respect of article XI, paragraph 2 of the Convention.
"The Belgian Government considers that international law does not authorize States to claim judicial immunity in respect of vessels belonging to them and used by them for commercial purposes.
"Belgian legislation concerning the immunity of State-owned vessels is in concordance with the provisions of the International Convention for the Unification of Certain Rules concerning the Immunity of State-owned Ships, done at Brussels on 10 April 1926, to which Belgium is a Party.
"The Belgian Government assumes that the reservation of the USSR does not in any way affect the provisions of article 16 of the Maritime Agreement between the Belgian-Luxembourg Economic Union and the Union of Soviet Socialist Republics, of the Protocol and the Exchange of Letters, signed at Brussels on 17 November 1972.
"The Belgian Government also assumes that this reservation in no way affects the competence of a Belgian court which, in accordance with article IX of the aforementioned International Convention, is seized of an action for compensation for damage brought against a company registered in the USSR in its capacity of operator of a vessel owned by that State, because the said company, by virtue of article I, paragraph 3 of the same Convention, is considered to be the "owner of the ship" in the terms of this Convention.
"The Belgian Government considers, however, that the Soviet reservation does not impede the entry into force of the Convention as between the Union of Soviet Socialist Republics and the Kingdom of Belgium."
China
At the time of depositing its instrument of accession the Representative of the People's Republic of China declared "that the signature to the Convention by Taiwan authorities is illegal and null and void".
German Democratic Republic
The instrument of accession of the German Democratic Republic was accompanied by the following statement and declarations (in the German language):
[Translation]
"In connexion with the declaration made by the Government of the Federal Republic of Germany on 20 May 1975 concerning the application of the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969 to Berlin (West), it is the understanding of the German Democratic Republic that the provisions of the Convention may be applied to Berlin (West) only inasmuch as this is consistent with the Quadripartite Agreement of 3 September 1971, under which Berlin (West) is no constituent part of the Federal Republic of Germany and must not be governed by it."
"The Government of the German Democratic Republic considers that the provisions of article XI, paragraph 2, of the Convention are inconsistent with the principle of immunity of States." <1>
"The Government of the German Democratic Republic considers that the provisions of article XIII, paragraph 2, of the Convention are inconsistent with the principle that all States pursuing their policies in accordance with the purposes and principles of the Charter of the United Nations shall have the right to become parties to conventions affecting the interests of all States."
"The position of the Government of the German Democratic Republic on article XVII of the Convention, as far as the application of the Convention to colonial and other dependent territories is concerned, is governed by the provisions of the United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514(XV) of 14 December 1960) proclaiming the necessity of bringing a speedy and unconditional end to colonialism in all its forms and manifestations."
---
<1> The following Governments do not accept the reservation contained in the instrument of accession of the Government of the German Democratic Republic, and the texts of their Notes to this effect were circulated by the depositary: Denmark, France, the Federal Republic of Germany, Japan, Norway, Sweden and the United Kingdom.
Federal Republic of Germany
The instrument of ratification of the Federal Republic of Germany was accompanied by a declaration (in the English language) that "with effect from the day on which the Convention enters into force for the Federal Republic of Germany it shall also apply to Berlin (West)".
Guatemala
The instrument of acceptance of the Republic of Guatemala contained the following declaration (in the Spanish language):
[Translation]
"It is declared that relations that may arise with Belize by virtue of this accession can in no sense be interpreted as recognition by the State of Guatemala of the independence and sovereignty unilaterally decreed by Belize."
Italy
The instrument of ratification of the Italian Republic was accompanied by the following statement (in the Italian language):
[Translation]
"The Italian Government wished to state that it has taken note of the reservation put forward by the Government of the Soviet Union (on the occasion of the deposit of the instrument of accession on 24 June 1975) to article XI(2) of the International Convention on civil liability for oil pollution damage, adopted in Brussels on 29 November 1969.
"The Italian Government declares that it cannot accept the aforementioned reservation and, with regard to the matter, observes that, under international law, the States have no right to jurisdictional immunity in cases where vessels of theirs are utilized for commercial purposes.
"The Italian Government therefore considers its juridical bodies competent - as foreseen by article IX and XI(2) of the Convention - in actions for the recovery of losses incurred in cases involving vessels belonging to States employing them for commercial purposes, as indeed in cases where, on the basis of article I(3), it is a company, running vessels on behalf of a State, that is considered the owner of the vessel.
"The reservation and its non-acceptance by the Italian Government do not, however, preclude the coming into force of the Convention between the Soviet Union and Italy, and its full implementation, including that of article XI(2)."
Peru <1>
The instrument of accession of the Republic of Peru contained the following reservation (in the Spanish language):
[Translation]
"With respect to article II, because it considers that the said Convention will be understood as applicable to pollution damage caused in the sea area under the sovereignty and jurisdiction of the Peruvian State, up to the limit of 200 nautical miles, measured from the base lines of the Peruvian coast".
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<1> The depositary received the following communication dated 14 July 1987 from the Embassy of the Federal Republic of Germany in London (in the English language):
"...the Government of the Federal Republic of Germany has the honour to reiterate its well-known position as to the sea area up to the limit of 200 nautical miles, measured from the base lines of the Peruvian coast, claimed by Peru to be under the sovereignty and jurisdiction of the Peruvian State. In this respect the Federal Government points again to the fact that according to international law no coastal State can claim unrestricted sovereignty and jurisdiction beyond its territorial sea, and that the maximum breadth of the territorial sea according to international law is 12 nautical miles."
The depositary received the following communication dated 4 November 1987 from the Permanent Mission of the Union of Soviet Socialist Republics to the International Maritime Organization (in the Russian language):
[Translation]
"...the Soviet Side has the honour to confirm its position in accordance with which a coastal State has no right to claim an extension of its sovereignty to sea areas beyond the outer limit of its territorial waters the maximum breadth of which in accordance with international law cannot exceed 12 nautical miles."
Saint Kitts and Nevis
The instrument of accession of Saint Kitts and Nevis contained the following declaration:
"The Government of Saint Kitts and Nevis considers that international law does not authorize States to claim judicial immunity in respect of vessels belonging to them and used by them for commercial purposes."
Saudi Arabia
The instrument of accession of the Kingdom of Saudi Arabia contained the following reservation (in the Arabic language):
[Translation]
"However, this accession does not in any way mean or entail the recognition of Israel, and does not lead to entering into any dealings with Israel; which may be arranged by the above-mentioned Convention and the said Protocol."
Syrian Arab Republic
The instrument of accession of the Syrian Arab Republic contains the following sentence (in the Arabic language):
[Translation]
"...this accession [to the Convention] in no way implies recognition of Israel and does not involve the establishment of any relations with Israel arising from the provisions of this Convention."
USSR
The instrument of accession of the Union of Soviet Socialist Republics contains the following reservation (in the Russian language):
[Translation]
"The Union of Soviet Socialist Republics does not consider itself bound by the provisions of article XI, paragraph 2 of the Convention, as they contradict the principle of the judicial immunity of a foreign State." <1>
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<1> The following Governments do not accept the reservation contained in the instrument of accession of the Government of the Union of Soviet Socialist Republics, and the texts of the their Notes to this effect were circulated by the depositary: Denmark, France, the Federal Republic of Germany, Japan, the Netherlands, New Zealand, Norway, Sweden, the United Kingdom.
Furthermore, the instrument of accession contains the following statement (in the Russian language):
[Translation]
"On its accession to the International Convention on Civil Liability for Oil Pollution Damage, 1969, the Union of Soviet Socialist Republics considers it necessary to state that
"(a) the provision of article XIII, paragraph 2 of the Convention which deny participation in the Convention to a number of States, are of a discriminatory nature and contradict the generally recognized principle of the sovereign equality of States, and
"(b) the provision of article XVII of the Convention envisaging the possibility of its extension by the Contracting States to the territories for the international relations of which they are responsible are outdated and contradict the United Nations Declaration on Granting Independence to Colonial Countries and Peoples (resolution 1514(XV) of 14 December 1960)."
The depositary received on 17 July 1979 from the Embassy of the Union of Soviet Socialist Republics in London a communication stating that:
"...the Soviet side confirms the reservation to paragraph 2 of article XI of the International Convention of 1969 on the Civil Liability for Oil Pollution Damage, made by the Union of Soviet Socialist Republics at adhering to the Convention. This reservation reflects the unchanged and well-known position of the USSR regarding the impermissibility of submitting a state without its express consent to the courts jurisdiction of another state. This principle of the judicial immunity of a foreign state is consistently upheld by the USSR at concluding and applying multilateral international agreements on various matters, including those of merchant shipping and the Law of the sea."
"In accordance with article III and other provisions of the 1969 Convention, the liability for the oil pollution damage, established by the Convention is attached to "the owner" of the "ship", which caused such damage, while paragraph 3 of article 1 of the Convention stipulates that "in the case of a ship owned by a state and operated by a company which in that state is registered as the ship's operator, "owner" shall mean such company". Since in the USSR state ships used for commercial purposes are under the operational management of state organizations who have an independent liability on their obligations, it is only against these organizations and not against the Soviet state that actions for compensation of the oil pollution damage in accordance with the 1969 Convention could be brought. Thus the said reservation does not prevent the consideration in foreign courts in accordance with the jurisdiction established by the Convention, of such suits for the compensation of the damage by the merchant ships owned by the Soviet state."
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