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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 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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