Appendix 1 - Letter of Agreement
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Statutory Documents - IMO Publications and Documents - Circulars - Ballast Water Management - BWM.2/Circular.13/Rev.4 – International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 – (20 July 2017) - Annex – Revised Methodology for Information Gathering and Conduct of Work of the GESAMP-BWWG. Approved by MEPC 71 on 7 July 2017 - Appendix 1 - Letter of Agreement

Appendix 1 - Letter of Agreement

 relating to a ballast water management system that makes use of Active Substances proposed for approval in accordance with regulation D-3, paragraph 2, of the Ballast Water Management Convention

Having received a satisfactory application on [please insert the name of the ballast water management system] produced by [please insert the name of the manufacturer], the undersigned hereby confirms, on behalf of the maritime Administration of [please insert the name of the submitting country], that the application dossier regarding the ballast water management system that makes use of Active Substance(s) mentioned above is subject to the following conditions:

  • 1. Financial arrangements: The fee paid in connection with this proposal for approval is based on the recovery of costs incurred by the International Maritime Organization (Organization) in respect of the services provided by the GESAMP-Ballast Water Working Group. Fees will be invoiced in up to three tranches:

    - US$50,000 immediately following receipt of this Letter of Agreement by the Organization;

    - an additional US$50,000 immediately following the deadline for submissions, if only one submission has been made; and/or

    - a final invoice to recover costs over the initial cost estimate, if required. All fees paid as described above will be retained in a Trust Fund established for this purpose.

  • 2. Intellectual Property Rights: The Organization and the members of the GESAMP-Ballast Water Working Group will make every reasonable effort to prevent the disclosure of information which is clearly and prominently identified as being subject to an intellectual property right, subject to the condition that sufficient detail must be provided to the Marine Environment Protection Committee (MEPC) of the Organization to enable that body to perform its functions under resolution MEPC.169(57) and, in particular, to approve the proposed ballast water management systems that make use of Active Substances. In this respect the members of the Group will be required to sign a declaration concerning the confidentiality of information acquired as a result of their affiliation with the Group. In any case, neither the Organization nor the members of the GESAMP-Ballast Water Working Group can accept liability for damage or loss, which may result from disclosure of such information in the exercise of their responsibilities.

  • 3. Settlement of disputes: The submitting Administration, the Organization, and the GESAMP-Ballast Water Working Group shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to the process established for reviewing Active Substances used for the management of ballast water or this Letter of Agreement, or the breach, termination or invalidity thereof. Where these parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then pertaining, or according to such other procedure as may be agreed between the parties. Any dispute, controversy or claim, which is not settled amicably, shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then pertaining. The place of the arbitration will be London, England.

  • 4. Privileges and immunities: Nothing in or relating to the process established for reviewing Active Substances used for the management of ballast water or this Letter of Agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the International Maritime Organization, including its officers, experts or subsidiary organizations or of the privileges and immunities to which the Administration is entitled under international law.

    Members of the GESAMP-Ballast Water Working Group, when performing functions in connection with the terms of reference of the Group, shall be considered to be experts of the Organization pursuant to Annex XII of the Convention on Privileges and Immunities of the Specialized Agencies of the United Nations.

Authorized signature on behalf of the maritime Administration:

  ____________________________________
Typed/Printed name: ____________________________________
Title/Position/Organization/Country: ____________________________________
Date of signature: ____________________________________
Name and address for fees invoicing: ____________________________________
____________________________________
____________________________________
 
Parent topic: Annex – Revised Methodology for Information Gathering and Conduct of Work of the GESAMP-BWWG. Approved by MEPC 71 on 7 July 2017
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