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IMO: Outcome of the 100th Session of the IMO Legal Committee

IMOThe IMO has issued a news release summarising the outcome of the recent session of the Legal Committee (LEG 100). Among other things, it approved draft guidelines on the preservation of evidence following an allegation of a serious crime on board a ship or following a report of a missing person from a ship. The session also considered HNS reporting guidelines and the judicial aspects of piracy. Specifically, draft guidelines on the preservation and collection of evidence following an allegation of a serious crime having taken place on board a ship were approved.

Additionally, guidance following a report of a missing person from a ship, and the pastoral and medical care of victims were was also approved, this focuses on what can practically be carried out on board a ship to preserve and/or collect evidence and protect persons affected by serious crimes, until such time that the relevant law enforcement authorities commence an investigation. The draft guidelines will now be submitted to the IMO Assembly 28th session, in November 2013, along with an associated draft resolution, for consideration with a view to adoption.

Guidelines to assist countries in meeting reporting requirements under the 2010 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious substances by Sea, 2010 (2010 HNS Convention) have been endorsed by the Committee.

The guidelines, on HNS reporting to facilitate the submission by States to the Secretary-General of contributing and collecting cargo data for the purposes of article 20(4) and (6) of the 2010 HNS Protocol, were developed and adopted at a two day workshop convened jointly by IMO and the International Oil Pollution Compensation Funds (IOPC Funds) Secretariats and held at IMO in October 2012, It was attended by more than 100 participants. The guidelines are expected to help in overcoming one of the main obstacles preventing States from ratifying the Protocol, namely the difficulty of complying with this reporting requirement, particularly in view of the enormous variety of HNS substances that are potentially subject to the reporting requirement.

As well as the guidelines, the Committee also approved a model letter to accompany the model form for receivers, a State model reporting form, a receiver model reporting form and an HNS contributing cargo nil declaration form.

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