AGREEMENT ON MARITIME TRANSPORT BETWEEN THE GOVERNMENT OF THEPEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF PERU
AGREEMENT ON MARITIME TRANSPORT BETWEEN THE GOVERNMENT OF THEPEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF PERU
Whole document
The Government of the People's Republic of China and the Government
of the Republic of Peru, with the purpose of promoting friendly
relations between both countries, developing their bilateral trade and
strengthening their cooperation in the maritime field, based on the
principles of equality and mutual benefit, have agreed as follows:
ARTICLE I
For the purpose of this Agreement:
a. "Contracting Parties" shall mean the Government of the People's
Republic of China and the Government of the Republic of Peru.
b. "Vessel" shall mean any merchant ship registered in the territory
of one Contracting Party and under the flag of that country, including
merchant ships under the flag of a third country acceptable to the other
Contracting Party and which are chartered or operated by shipping
enterprises of one of the Contracting Parties, but precluding warships
and other non-commercial ships.
c. "Crew member" shall mean the master or other person who during
the voyage renders services on board a vessel of one of the Contracting
Parties, or on board a vessel of a third state flag chartered or
operated by shipping enterprises of one of the Contracting Parties,
within the scope of this Agreement, and who holds the identity document
referred to in Article VIII of this Agreement and whose name is included
in the crew list of such vessel.
d. "Shipping enterprise" shall mean any legal entity registered in
the territory of one Contracting Party according to its legislation and
authorized to engage in international maritime transport services.
e. "Cabotage" shall mean the maritime transport of one Contracting
Party between the ports of its country according to its national
legislation.
ARTICLE II
a. Vessels of both Contracting Parties may sail from and to the
commercial ports of the two countries opened to foreign vessels
conveying cargo and passengers between the two countries, or between the
ports of either Contracting Party and a third country.
b. The provisions in paragraph a. of this Article shall not affect
the transport as mentioned in such paragraph by vessels of a third
country.
ARTICLE III
Both Contracting Parties shall, on the basis of developing mutual
relations in the maritime field and adhering to the principles of fair
competition and international shipping freedom, preclude any activities
which might hamper normal international navigation and shall maintain
and develop cooperation between the competent authorities of the
Contracting Parties within their respective national laws and
regulations.
ARTICLE IV
a. Both Contracting Parties shall grant the vessels referred to in
paragraph b. of Article I of this Agreement, a treatment not less
favourable than that granted to vessels of a third country in
entering/leaving their ports, with regard to berthing, shifting,
loading/unloading, paying, port dues, including tonnage dues, and port
charges provided, however, that these correspond to services effectively
rendered, as well as in providing maritime and port services.
b. The provisions in paragraph a. of this Article shall not include
the special favourable treatment or exemption, if any, granted by either
Contracting Party to member states in accordance with regional
agreements.
ARTICLE V
Both Contracting Parties shall take all the necessary measures to
facilitate and expedite maritime transport, port access of vessels as
well as cargo handling, storing, piloting and towing operations to avoid
unnecessary delay of the vessels, and shall expedite and simplify as
much as possible customs procedures and other port formalities.
ARTICLE VI
a. The provisions of this Agreement shall not apply to cabotage.
b. When a vessel of one Contracting Party sails from one port of the
other Contracting Party to another for discharging imported cargo and/or
disembarking passengers from abroad or loading export cargo and/or
embarking passengers for foreign countries, that shall not be regarded
as cabotage.
ARTICLE VII
a. Both Contracting Parties shall mutually acknowledge and accept
the certificate of registration kept by vessels of the other Contracting
Party duly issued by the competent authority of the flag state.
b. Either Contracting Party shall acknowledge and accept the
international tonnage certificate and other ship documents duly issued
for its vessels by the competent authority of the other Contracting
Party. Vessels holding the certificates specified in this paragraph
shall not be remeasured at the port of the other Contracting Party.
All related port dues and charges shall be calculated and levied on
the basis of the above mentioned certificates.
ARTICLE VIII
a. Either Contracting Party shall acknowledge the identity documents
duly issued by the competent authority of the other Contracting Party
for its crew members.
The identity document of the Chinese crew is: Seaman's Book of the
People's Republic of China.
The identity document of the Peruvian crew is: "Libreta de
Embarco"(Seaman's Book of the Republic of Peru).
b. The crew on board the vessels registered in one of the
Contracting Parties not being their nationals, and the crew on board the
vessels under a third state flag, chartered or operated under this
Agreement, shall have acknowledged and valid seafarer identity documents
in accordance with current international conventions.
ARTICLE IX
a. During the stay of a vessel of one Contracting Party in a port of
the other Contracting Party, the crew members of such vessel holding the
identity documents referred to in Article VIII of this Agreement may go
ashore for a temporary stay in the town where the port is located
without processing visas. To such effect it will be only required the
landing permission granted by the competent authority.
b. Crew members of one Contracting Party holding the identity
documents referred to in Article VIII of this Agreement may travel
through and across the territory of the other Contracting Party as
passengers using any means of transportation on account of their
repatriation, joining a vessel to render services or any other reasons
acceptable to the other Contracting Party once their visas have been
duly issued by the competent authority of the other Contracting Party.
The above mentioned visas shall be issued in the shortest possible time
and their term of validity shall be determined by th e competent
authority entitled to issue such visas.
c. Crew members of one Contracting Party in need of medical
treatment in the territory of the other Contracting Party shall be
authorized by the competent authority of such Contracting Party to
remain in its territory for the necessary time for their treatment.
d. Both Contracting Parties shall facilitate the ship's master and
other crew members of the other Contracting Party to contact their
diplomatic representatives or consular officers, or vice versa.
ARTICLE X
a. Should a vessel of one Contracting Party be involved in an
accident, run aground, get stranded or encounter any other danger in the
ports, internal waters, territorial sea or maritime areas within the
sovereignty and jurisdiction of the other Contracting Party, the other
Contracting Party shall provide all possible rescue operations for the
crew members, and passengers of such vessel, in accordance with
international conventions in force for the Contracting Parties, and
shall inform as soon as possible on the conditions of the vessel in
distress. The vessel in distress shall pay the award or the necessary
charges in accordance with the regulations of the other Contracting
Party, in the event that such Contracting Party has provided the
effective salvage operation services to the vessel and its cargo.
b. Cargo, equipment, provisions, and other property discharged or
rescued from the vessel in distress of one Contracting Party shall be
subjected to customs duties and other levies in accordance with the
national laws and regulations of the other Contracting Party when they
are set aside for use or consumption in the territory of the other
Contracting Party.
ARTICLE XI
With the permission of the competent authority of the other
Contracting Party, when necessary, shipping enterprises of one
Contracting Party may establish their representative offices in the
territory of the other Contracting Party to engage in shipping
activities as specified by the laws and regulations of such Contracting
Party. Both Contracting Party shall facilitate the establishment of the
representative offices as mentioned in this Article.
ARTICLE XII
a. Vessels and crew members of either Contracting Party shall abide
by the laws and regulations of the other Contracting Party during their
stay in the ports, internal waters, territorial sea or maritime areas
within the sovereignty and jurisdiction of the other Contracting Party.
b. Both Contracting Parties agree not to interfere with internal
affairs on board the vessels of the other Contracting Party under normal
conditions, except when:
i. the consequence of the offence on board the vessel involves the
territory of the other Contracting Party, or involves the rights of its
nationals;
ii. the offence on board the vessel affects the public order, or
security of the other Contracting Party;
iii. the offence on board the vessel is against individuals other
than crew members of the vessel;
iv. measures taken by one of the Contracting Parties are necessary
to suppress the illicit drug trafficking or psychotropic substances; and
v. actions needed to stop any other illegal acts.
c. Either Contracting Party which adopts coercive measures against a
vessel of the other Contracting Party, or on board such vessel during
its stay in the ports, internal waters, territorial sea or maritime
areas within the sovereignty and jurisdiction of the former Contracting
Party, shall give notice of the adopted measures to the diplomatic
representative, or consular officer of the other Contracting Party and
shall facilitate that representative or officer to contact that vessel.
In those cases, when the situation makes it possible, such notice may be
given in advance.
d. The provisions of paragraph b. of this Article shall not affect
the rights of supervision and investigation of each Contracting Party
under its law.
ARTICLE XIII
Income earned by the shipping enterprises of one Contracting Party
in the territory of the other Contracting Party shall be settled in
freely convertible currency. Such income may be used to pay for expenses
incurred in the territory of the other Contracting Party or to be freely
remitted.
ARTICLE XIV
Should any controversy arise in the interpretation and
implementation of this Agreement, same shall be resolved through
consultations between the competent authorities of both Contracting
Parties.
ARTICLE XV
a. This Agreement shall enter into force 60 days after the date of
the last notification by which the Contracting Parties notify each other
by diplomatic channels that all domestic legal procedures have been
completed. This Agreement shall be in force for five years.
b. This Agreement shall be renewed automatically for a successive
term of five years unless either Contracting Party decides not to renew
it by giving notice in writing to the other Contracting Party six months
prior to its expiration date.
c. Either Contracting Party may terminate this Agreement by giving a
written notice to the other Contracting Party through diplomatic
channels at least six months in advance. This Agreement shall be
terminated six months after the date of such notice.
Signed in Lima, on the fourteenth day of the month of September, in
the year of 1998, in duplicate, in the Chinese, Spanish and English
languages, all the three texts being equally authentic. In case of
disagreement in the interpretation of this Agreement, the English text
shall prevail.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE PEOPLE'S REPUBLIC OF CHINA THE REPUBLIC OF PERU
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