MEMORANDUM OF CO-OPERATION BETWEEN THE REPUBLIC OF LATVIA AND THE INTERNATIONAL MARITIME ORGANIZATION CONCERNING PARTICIPATION IN THE VOLUNTARY IMO MEMBER STATE AUDIT SCHEME

Preamble

Whereas the Assembly of the International Maritime Organization (IMO) has adopted on 27 November 2003 resolution A.946(23) "Voluntary IMO Member State Audit Scheme"; on 1 December 2005 resolution A.974(24) "Framework and Procedures for the Voluntary IMO Member State Audit Scheme; and on 29 November 2007 resolution A.996(25) "Code for the implementation  of mandatory IMO instruments, 2007"; for the purpose of ensuring the consistent and effective implementation of IMO instruments globally and compliance with their requirements,

Whereas the Republic of Latvia supports the principles on which this scheme has been based and is committed to contributing to its success,

The Republic of Latvia and IMO (hereinafter refer to as "the Parties") have agreed as follows:

Article 1 - General

1. The Republic of Latvia, having volunteered for the audit, hereby consents to the conduct of a Member State audit by an IMO audit team. This audit will be in conformity with the Framework and Procedures set out in Assembly resolution A.974(24).

2. The audit will be conducted in accordance with the prescribed sequence of activities as stated in Assembly resolution A.974 (24). It should be completed within a reasonable period of time following consultation between the Parties to this Memorandum.

Article 2 - Confidentiality

1. The Parties agree that, with the exception of the audit summary report, all information gathered, materials, notes and reports obtained or compiled during this audit will be treated in confidence. The term "in confidence" is understood to mean that none of the above will be communicated or provided by the audit team or the Secretary-General to any other party, unless authorized by the Republic of Latvia in writing.

2. Notwithstanding the previous paragraph, it is agreed that the audit summary report will not be treated in confidence and will be circulated to all Member States of IMO both as an individual report and as a consolidated periodic summary.

Article 3 - The Republic of Latvia responsibilities

The Republic of Latvia agrees to provide the audit team with any co-operation and assistance necessary to the successful completion of the audit. This includes:

1) designating a single point of contact within the Ministry of Transport of the Republic of Latvia (hereinafter referred to as the "Responsible Authority") for all communications regarding the audit conducted pursuant to this Memorandum;

2) assisting with the procedures for any visas or permits that may be necessary for the audit team to perform its duties;

3) providing the audit team with copies of, and/or convenient access to, relevant documents and records, including electronically maintained records;

4) making the appropriate staff members and officials from its Responsible Authority and any other involved organizational elements available for interview by the audit team at a mutually agreed time and place;

5) closely monitoring implementation of the agreed timeline for the audit and bringing to the attention of the audit team any conditions which may make adjustments necessary to the audit work schedule;

6) arranging, as may be requested by the audit team, for the team to observe operations or activities that fall within the scope of the audit, provided that the IMO Member State is not expected to arrange for observations of operations or activities which are not scheduled in the normal course of business; and

7) otherwise facilitating the work of the audit team by providing administrative, secretarial, interpretation and transportation services, as appropriate.

Article 4 - IMO responsibilities

The Secretary-General will support the audit undertaken pursuant to this Memorandum by:

1) designating a single point of contact within the Secretariat for all communications regarding the audit conducted pursuant to this Memorandum;

2) selecting the audit team leader and members of the audit team, the composition of which (names, nationalities and qualifications and other relevant information that may be necessary to facilitate entry) will be provided to the Republic of Latvia prior to the audit;

3) closely monitoring implementation of the agreed timeline for the audit and bringing to the attention of the audit team and the Republic of Latvia any conditions which may make adjustments necessary to the audit  work schedule;

4) maintaining appropriate records of the audit and disseminating the audit summary report of findings to all IMO Member States; and

5) providing practical, logistical and other assistance as necessary to facilitate the conduct of the audit.

Article 5 - Scope of the audit

1. Using the Code for the implementation of mandatory IMO instruments (resolution A.996(25)) as the Audit Standard, the following mandatory IMO instruments will be covered by the audit for the purpose of determining how the relevant flag, port and coastal State obligations and responsibilities relating to maritime safety and protection of the environment are carried out by the Republic of Latvia:

.1       the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS 1974);

.2       the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1978);

.3       the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS PROT 1988);

.4       the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended (MARPOL 73/78);

.5       the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 relating thereto (MARPOL PROT 1997);

.6       the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW 1978);

.7       the International Convention on Load Lines, 1966 (LL 66);

.8       the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (LL PROT 1988);

.9       the International Convention on Tonnage Measurement of Ships, 1969 (Tonnage 1969); and

.10     the Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREG 1972).

2. With regard to the STCW Convention, as amended, the audit will not seek to duplicate existing mandatory audit requirements contained in that convention. Only the aspects of that convention that are not covered by audits in accordance with the applicable provision of that convention will fall fully within the scope of this audit, and there should be verification only of the parts of that convention that have been previously evaluated as per appendix 1 of the Framework for the voluntary IMO Member State audit.

3. In the context of the aforementioned mandatory IMO instruments, the administrative, legal and technical areas that would provide the minimum scope of the audit are:

.1       jurisdiction;

.2       organization and authority;

.3       legislation, rules and regulations;

.4       promulgation of mandatory IMO instruments, rules and regulations;

.5       enforcement arrangements;

.6       control, survey, inspection, audit, verification, approval and certification functions;

.7       selection, recognition, authorization, empowerment and monitoring of recognized organizations, as appropriate, and of nominated surveyors;

.8       investigations required to be reported to IMO; and

.9       reporting to IMO, other Administrations, and organizations.

Article 6 - Privileges and immunities and other legal implications

1. Nothing in this memorandum can create a waiver, express or implied, of any privilege or immunity which IMO and the Republic of Latvia can enjoy whether pursuant to the Convention on Privileges and Immunities of the Specialized Agencies or any other convention or agreement, law or decree of international or national character.

2. Individuals who are designated, pursuant to this Memorandum, to serve as auditors will be considered to be IMO experts for the purposes of Annex XII of the Convention on Privileges and Immunities of the Specialized Agencies.

3. Nothing in this Memorandum is intended to create any legal right or obligation between the Parties or regarding third parties.

Article 7 - Settlement of disputes

Any dispute, controversy or claim between the Parties arising out of, or relating to, this Memorandum is to be resolved amicably by negotiation.

Article 8 - Suspension, modification or cancellation

This Memorandum may be suspended, modified or cancelled at any time by the Republic of Latvia by giving one month's advance written notice to the IMO Secretary-General, through diplomatic channels, provided that due consideration is given to winding up any arrangements which have been put in place pursuant to this Memorandum.

Article 9 - Validity and duration

This Memorandum shall be valid from the date on which it has been signed by both Parties and remain valid for a period of three years, or until the agreed timeline referred to in article 4 has been completed, whichever is later.

Article 10 - Additional provisions

The Republic of Latvia will meet the cost of the audit team visit, which includes airfares, daily subsistence allowance and terminal expenses, consistent with the condition of travel for IMO staff members and as agreed by the Parties to this Memorandum. Implementation of this Memorandum is subject to the availability of funding.

In witness whereof, the Parties have signed the present Memorandum in two originals in English.