(1) A ship to which this Convention applies may,
in any port, shipyard, or offshore terminal of a Party, be inspected
by officers authorized by that Party for the purpose of determining
whether the ship is in compliance with this Convention. Unless there
are clear grounds for believing that a ship is in violation of this
Convention, any such inspection shall be limited to:
-
(a) verifying that, where required, there is onboard
a valid International Anti-fouling System Certificate or a Declaration
on Anti-fouling System; and/or
-
(b) a brief sampling of the ship's anti-fouling
system that does not affect the integrity, structure, or operation
of the anti-fouling system taking into account guidelines developed
by the Organization.footnote However, the time required
to process the results of such sampling shall not be used as a basis
for preventing the movement and departure of the ship.
(2) If there are clear grounds to believe that
the ship is in violation of this Convention, a thorough inspection
may be carried out taking into account guidelines developed by the
Organization.footnote
(3) If the ship is detected to be in violation
of this Convention, the Party carrying out the inspection may take
steps to warn, detain, dismiss, or exclude the ship from its ports.
A Party taking such action against a ship for the reason that the
ship does not comply with this Convention shall immediately inform
the Administration of the ship concerned.
(4) Parties shall co-operate in the detection
of violations and the enforcement of this Convention. A Party may
also inspect a ship when it enters the ports, shipyards, or offshore
terminals under its jurisdiction, if a request for an investigation
is received from any Party, together with sufficient evidence that
a ship is operating or has operated in violation of this Convention.
The report of such investigation shall be sent to the Party requesting
it and to the competent authority of the Administration of the ship
concerned so that the appropriate action may be taken under this Convention.