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Merchant Shipping (Civil Liability Convention) Act, 2013 (Act No. 25 of 2013)

Part 3 : Insurance Certificates

14. Ships owned by Government of Republic

 

 

(1) The Minister may, with the approval of the Minister of Finance and in respect of a ship that is owned by the Government of the Republic, issue a certificate certifying that the ship is owned by the Government of the Republic and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the 1992 Liability Convention will be met by the Government of the Republic.

 

(2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for the period stated in the certificate.

 

(3) If, while a certificate issued under subsection (1) is in force, the ship ceases to be owned by the Government of the Republic, the certificate so issued thereupon ceases to be in force.

 

(4) In any proceedings brought in a court in the Republic to enforce a claim in respect of a liability incurred under the 1992 Liability Convention, every Contracting State must be regarded as having submitted to the jurisdiction of that court and must be regarded as having waived any defence based on its status as a sovereign state, but nothing in this subsection must be regarded as allowing the levy of execution against the property of such a State.

 


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