TRILATERAL AGREEMENT AMONG
THE GOVERNMENT OF THE REPUBLIC OF INDIA, THE GOVERNMENT OF THE
FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF
SOUTH AFRICA CONCERNING MERCHANT SHIPPING AND OTHER
MARITIME TRANSPORT RELATED MATTERS
Government of the Republic of India the Government of the Federative
Republic of Brazil and the Government of the Republic of South Africa
(hereinafter jointly referred to as the. Parties ", and in
singular as a "Party");
of the friendly relations existing among the
of establishing effective co-operation among_ the three countries
on the basis of their well known interest for their national
sovereignty and respect for principles of international law an d
sovereign equality of States;
that the strengthening and development of relation s in
merchant shipping and maritime transport matters will
contribute to the growth of trilateral economic and
commercial relations among the three countries;
AGREE as follows:
Agreement unless the context otherwise indicates-
respect of the Government of the Republic of India, the Minister of
Shipping. Road Transport and Highways or officials vested with
all or part of his or her , powers;
respect of the , Government of the Federative Republic of
Brazil , the Nation al Agency for Waterway Transportation (ANTAQ),
In accordance with the guidelines established by the Ministry
respect of the Government of the Republic of South Africa, the
Minister of Transport, Public Entities or officials vested with all
or part of his or her powers.
law" means the national law of the country of a Party and
including statutes, regulations, bye-laws and common law etc.
of crew of the vessel" means the Master and any person employed
aboard the vessel during a voyage in the performance of functions
related to the management, operation and maintenance of the vessel
and any other person whose name appears on the crew list of that
"National Shipping Company" means any shipping company
registered with the competent maritime authority of each Party.
"vessel" and "vessel of a Party" means any
merchant vessel registered as such in the shipping register of that
Party and flying its flag in accordance with its domestic law, but
does not include-
exclusively used by the Armed Forces; and any vessel not
used in commercial activities;
vessels used for hydrographic, oceanographic and scientific
research and survey;
vessels destined for cabotage between the ports of each Party;
vessels used for inland waterway navigation;
vessels destined for providing port and beach services,
including pilotage, towing, assistance and rescue at sea;
Agreement is applicable to the international maritime transport of
goods between the ports of the Parties subject to the internal
legislations of the Parties and is not applicable to:
cabotage and inland waterway transport;
activities and transport of cargo that, according to the legislation
of each country, are reserved for its own national shipping
companies or citizens, especially including cabotage
traffic, rescue, Towage and other port services;
legislation and regulations, compulsory to foreign ships; and
legislation and regulations concerning the collection of the
Lighthouse Use Tariff;
provisions of this Agreement shall not impede third-flag vessels to
participate in the international transport of goods between the ports
of the Parties.
maritime transport of goods among the Parties, shall be accomplished
on the basis of the principles of free, equal, and non-discriminatory
access to cargoes subject to domestic laws and prevailing domestic
the maritime transport referred to in the above paragraph, the
freight and its conditions shall be freely negotiated between
shipping service provider and users.
DEVELOPMENT AND CO-OPERATION
Parties shall co-operate with each other to develop a mutually
beneficial relationship in the field of Merchant Shipping and other
related maritime matters on the basis of sovereign equality and
Parties shall -
and facilitate the development of maritime relationship between their
shipping organizations and enterprises and also co-operate very
closely in the task of enhancing and stimulating the steady growth of
maritime traffic among their countries.
and facilitate the exchange and training of staff and students from
various maritime establishments such as Maritime Educational
and facilitate the exchange of information necessary for accelerating
and facilitating the flow of commercial goods at sea and at port and
encourage the strengthening of the co-operation between merchant
fleets, subject to the provisions of the respective domestic laws
concerning tax secrecy.
to eliminate obstructions and other conditions tending to prevent the
development of mutual maritime co-operation.
and/or facilitate their private sector to collaborate with.-each
other in the field of maritime transportation and other related
TO BE ACCORDED TO VESSELS AT PORTS
Party shall, subject to the domestic law in force in its country,
accord vessels of the other Party in its ports the same treatment as
is accorded to its own vessels in matters of access to ports, freedom
to enter, remain in and leave port, use of port facilities and all
other facilities ensured by it in connection with navigation and
commercial operations of the vessels.
Party shall grant to the vessels of the other Party the
non-discriminatory treatment in respect of port dues and charges.
Parties shall, within the framework of the domestic law in force in
their countries, make every effort to reduce as far as possible, the
turn-around time of vessels in their ports and simplify compliance
with the administrative, customs and health formalities in force in
Parties agree that the provisions of all international maritime
Conventions and Codes ratified and acceded to by the Parties as
well as the appropriate international laws are binding among them.
provisions of this Agreement shall not affect the rights and
obligations arising from any international Agreements and
Conventions, which relates to merchant shipping and other maritime
transport matters acceded to by the respective Parties.
taxation or exemption from taxation, of income and profit derived
from business in the field of maritime transport within the territory
of another Party shall be in accordance with the respective bilateral
Agreements on Avoidance of Double Taxation.
from the countries of the Parties shall be subject to the domestic
law in force in the countries of the Parties as regards environmental
vessels from the country of each Party shall take preventive measures
against causing pollution or environmental damage to territorial
waters of the other Party.
the event of any pollution or environmental damage resulting from a
breach of the provisions of the paragraph (2) the defaulting vessel
shall be liable under the domestic law concerned and international
Conventions acceded to by the Party with respect to that pollution or
Party shall recognize the nationality of vessels as indicated in the
ships' documents on board and issued by the Competent Maritime
Authority of the other Party in accordance with the domestic law in
force in its country.
The other documents on board issued or recognized by -a Party shall
be recognized by the other Parties with respect to the vessels of
tonnage certificates issued by the Competent Maritime Authority of a
Party shall be recognized in the harbors of the other Parties;
provided that, in the event of a dispute, the competent authorities
of the country in which the harbour is situated may direct a surveyor
to give a ruling in accordance with domestic laws or, if necessary,
in accordance with Article 12 of the IMO International Convention on
Tonnage Measurement of Ships 1969.
Party shall recognize the identity documents issued by the
responsible authorities of the other Party to its crew members. Each
Party shall provide the list of such identity documents to the other
vessels of a Party, as well as all goods passengers and crew members
of such vessels shall, when in the territorial and internal waters of
the other Party, be subject to the relevant domestic law in force in
the territory of that other Party and in particular, to traffic
safety, maritime security, border control and immigration, customs,
foreign currency, health, veterinary and phytosanitary measures.
OF TRANSIT AND STAY OF CREW MEMBERS
crew members holding the identity documents referred to in
Article VI and having a service directive to join a vessel in a
port of a Party shall be entitled to the right of transit whenever
he or she joins that vessel.
persons on board except those referred to in paragraph (I) shall
obtain the appropriate visa from the other Party. The Parties shall
endeavor to facilitate speedy processing of the visa applications.
a crew member on board the vessel of the Party holding the identity
documents referred to in Article VI above. disembarks at a port of
the other Party for health reasons, purposes of service or for
other reasons recognized as valid by the responsible
authorities. the latter shall give the necessary authorization for
the person concerned to remain in its territory in the event of his
or her hospitalization, to return to his or her country of origin or
to proceed to another port of embarkation by any means of transport
in accordance with the legislation and regulation applicable in the
territory of the other Parties.
domestic law in force in the countries of the Parties relating to the
entry, abode, movement and removal of aliens shall remain applicable.
Parties reserve the right to prohibit access to their respective
countries to any person possessing the identity documents that they
crew member of a vessel of a Party in a port of the other Party, who
is in possession of a valid identity document referred to in Article
VI, may disembark from his or her vessel and shall, subject to the
relevant domestic law in force in the respective countries of the
Parties, have access to the town where the port is situated; provided
that the crew list is handed over to the responsible authority
concerned, in compliance with the rules that are applicable to that
port. Such persons shall comply with regulatory control both on going
ashore and returning aboard the vessels.
changes in the crew of a vessel shall be recorded in ship's documents
with due reference to the date and reason for such a change and shall
be communicated to the ports authorities of the State in whose
territory the vessel is staying.
(8) If a
crime is allegedly committed against or by a national or crew member
of a Party, (a) aboard a vessel of another Party or (b) on any vessel
irrespective of its flag in the territorial waters of another Party;
then the Party having jurisdiction shall investigate and take action
promptly as per its national laws and international conventions
acceded to by the Party, ensuring timely delivery of justice. The
investigating Party shall fully cooperate and also provide the
investigation report and other relevant documents for the benefit of
the interested Party.
OBLIGATION WITH RESPECT TO CALLING VESSELS
vessels of the Parties must refrain from any act that could affect
peace. order and security of the Parties as well as any activity that
is not directly related to their mission.
(I) If a
vessel of one Party is in distress in the Search and Rescue region of
the other Party the latter shall render the same assistance and
protection to such• vessel as it will have rendered to its own
goods unloaded or salvaged by one Party from a vessel in distress of
the other Party, shall not be subject to Customs Duty in cases where
such goods are not intended for consumption or use in the country of
the first Party.
The Parties hereby establish a Maritime Liaison Committee (herein
after referred to as the "Committee") with the purpose of
promoting sustained co-operation among the Parties in the field of
merchant shipping and maritime transport related matters and to
enhance the implementation of this Agreement by making
recommendations to the Parties.
Committee shall consist of three representatives (each party
nominating one) and shall be established as soon as possible after
the signing of this Agreement.
Committee shall meet at such times and places as agreed upon by the
(4) The Committee shall decide upon its own procedure and quorum
AND SETTLEMENT OF DISPUTES
Committee must be consulted on any dispute arising from the
interpretation or implementation of this Agreement.
the dispute is not settled after consultations in the Committee, it
must be submitted to the competent authorities for direct
the dispute cannot be resolved through direct negotiations among the
competent authorities of the Parties, the latter then have recourse
to diplomatic channels.
OF CHARGES AND DUES
payment of port charges and berthing charges or dues by a vessel of
one Party in a port of the other Party shall be made in currency
freely convertible in accordance with the relevant domestic law
governing exchange control.
Subject to the domestic law in force in the respective territories of
the Parties, receipts and income received in the territory of one
Party by shipping companies registered in the territory of the other
Party may be used for the payment of any charges and dues in the
territory of the first Party or may be transferred in accordance with
the applicable provisions governing currency transactions
and exchange control of the latter Party.
This Agreement may be
amended by agreement in writing among the Parties.
Agreement shall enter into force on the date on which each Party has
notified the other Parties in writing through the diplomatic channel
of its compliance with the constitutional requirements necessary for
the implementation thereof. The date of entry into force shall be the
date of the last notification.
Agreement shall remain in force for an initial period of five (5)
years where after it shall be renewed automatically for successive
periods of one (1) year. unless terminated by any of the Parties
giving six months written notice in advance through the
diplomatic channel of its intention to terminate this Agreement.
WITNESS WHEREOF the undersigned being duly
authorized by their respective Governments have signed this Agreement
in three originals in the Hindi. Portuguese and English language s.
all texts being equally authentic. In case of divergence of
interpretation the English text shall prevail.
Brasilia on 13th
day of September 2006.
THE GOVERNMENT OF THE REPUBLIC OF INDIA
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL
THE GOVRRNMENT OF THE REPUBLIC OF SOUTH AFRICA