Convention of the International Navigation Organization (IAO).

(Chinese copies)

Source: Chinese Dawang October 24, 2023

Preamble

　　States Parties to this Convention,

　　Recalling the establishment of the International Lighthouse Association on 1 July 1957 and its name changed to the International Beacon Association in 1998;

　　Recognizing the role of the International Navigation Navigation Association in improving and continuously coordinating maritime navigation aids systems in order to achieve safe, economical and efficient ship transport for the benefit of the maritime industry and the protection of the environment;

　　Taking into account the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and the 1974 International Convention for the Safety of Life at Sea, as amended;

　　Further considering that international organizations can more effectively carry out the development, improvement and coordination of maritime navigation aids systems for the benefit of the maritime industry and the protection of the environment;

　　The agreement was reached as follows:

Article 1 Establishment

　　1. The International Navigation Organization (hereinafter referred to as the Organization) is an intergovernmental international organization established in accordance with international law.

　　2. The Organization is an advisory and technical organization.

　　3. Unless otherwise decided by the General Assembly, the headquarters of the Organization shall be in France.

　　4. The functioning of the Organization is set out in detail in the General Rules, which are subordinate to the provisions of this Convention but do not form an integral part of it. In the event of a conflict between the content of this Convention and the General Rules or other foundational instruments governing the governance of the Organization, this Convention shall prevail.

Article 2 Definitions

　　For the purposes of this Convention:

　　(a) a maritime navigation aid system means a device, system or service that is external to a ship designed or operated for the purpose of enhancing the safe and efficient navigation of the ship and its traffic. As far as the Organization is concerned, the Maritime Navigation Assistance System also includes a system of ship traffic services.

　　(b) Member State means a State for which it has agreed to be bound by this Convention and for which it has entered into force.

　　(c) associate member means a territory or group of territories for which a Member State is responsible for its international relations for which membership has been applied for and approved by the General Assembly, as well as a national member of the International Association of Navigation Buoys which is not a member of the Organization in accordance with Article 5 of the By-laws to this Convention.

　　(d) Affiliated Member means a manufacturer or seller of maritime navigational aids that has applied for Affiliated Membership and has been approved by the Council, an organization providing maritime navigational assistance services or technical advice under a contract, and any other organization or scientific research institution related to maritime navigational assistance.

Article 3 Aims and objectives

　　The purpose of the Organization is to bring together governments and organizations responsible for the management, provision, maintenance or operation of maritime navigation aids in order to contribute to:

　　(a) promoting safe and efficient navigation of ships for the benefit of the maritime industry and the protection of the marine environment through the improvement and coordination of maritime navigation assistance systems worldwide;

　　(b) Promoting technical cooperation and capacity-building in the development and transfer of specialized knowledge related to maritime navigation assistance systems and in the development and transfer of science and technology;

　　(c) encourage and promote the universal application of the highest practicable standards in matters relating to maritime navigation assistance systems; and

　　(iv) facilitate the exchange of information on matters currently under consideration by the Organization.

Article 4 Functions

　　In order to achieve the goals and objectives set out in Article 3, the Organization shall be assigned the following functions:

　　(a) Formulating and issuing non-mandatory standards, recommendations, guidelines, manuals and other appropriate instruments;

　　(b) to consider and make recommendations on standards, recommendations, guidelines, manuals and other appropriate instruments submitted by Member States, associate or affiliated Members of the Organization, as well as United Nations bodies or specialized agencies of the United Nations or any other intergovernmental international organization;

　　(c) to provide consultation and information exchange mechanisms, in particular on the latest situation and activities of Member States, associated Members and affiliated Members;

　　(4) to carry out international cooperation to enhance working relations and assistance among Member States, associate members and affiliated members;

　　(5) Strengthen assistance to governments, service agencies or other organizations that need assistance related to maritime navigation assistance systems in terms of technology, organization, and training;

　　(6) Organizing conferences, seminars, expert seminars, symposiums and other activities; and

　　(7) Liaise and cooperate with relevant international organizations and other organizations, and provide professional advice as appropriate.

Article 5 Membership

　　1. The Organization shall consist of Member States, Associate Members and Associate Members.

　　2. Any Member State responsible for the international relations of a Territory or a group of Territories may apply for associate membership for its Territory by written notification to the Secretary-General.

　　3. The Council may request, or Member States may request, or Member States may apply, to have the application for Associate Membership examined by the Member State (or Member States) in which the applicant for Associate Membership has its place of business, principal place of business or place of office. In deciding on subsidiary membership, the Council shall take into account the views of Member States that have requested and participated in the review.

Article 6 Institutions

　　1. The Organization shall consist of:

　　(a) the General Assembly;

　　(ii) the Board of Directors;

　　(iv) Secretariat.

　　2. The Organization shall have a President and a Vice-President. The Assembly and the Council shall be presided over by the President or, in the absence of the President, by the Vice-President.

　　3. The General Rules and the Financial Regulations detail the Rules of Procedure applicable to the bodies and govern the day-to-day functioning of the Organization.

Article 7 General Assembly

　　1. The General Assembly shall be the principal decision-making organ of the Organization and, unless otherwise provided in this Convention, shall have all the powers of the Organization.

　　2. The Assembly shall be composed of Member States only. Associate members and affiliated members are available.

　　3. Each Member State shall designate a representative as its chief representative in the Assembly.

　　4. The General Assembly shall meet regularly every three years.

　　5. A special session of the General Assembly shall be convened 90 days after the notification by one third of the Member States of the request for a meeting or if the Council deems it necessary.

　　6. A quorum for meetings of the Assembly shall be a majority of the Members of the Assemblies.

　　7. The Conference shall:

　　(a) elect the Chairperson and Vice-Chairpersons from among the Member States in accordance with the General Rules;

　　(ii) determine the overall policy and strategic vision of the Organization;

　　(d) elect the Council from among Member States other than the President or Vice-President of the Council, in accordance with Article 8;

　　(e) elect the Secretary-General from among the citizens of the Member States, in accordance with the General Rules;

　　(6) Establishing and terminating committees and subordinate bodies, reviewing and approving their terms of reference;

　　(g) review and approve the financial arrangements of the Organization, including the budget outline for the next three years, the contributions of Member States and the contributions payable by associate and associate members;

　　(h) consider reports and proposals submitted to the General Assembly by any Member State, the Council or the Secretary-General;

　　(9) Approval criteria;

　　(10) Decide on the eligibility of contact membership;

　　(xi) adjudicate subsidiary membership at the request of one or more Member States;

　　(xii) make recommendations to Member States, Associate Members and Associate Members on matters within the scope of the aims and objectives of the Organization;

　　(xiii) ratification of formal agreements concluded with States and international organizations; combine

　　(xiv) decide on any other matter within the scope of the aims and objectives of the Organization.

Article 8 The Council

　　1. The Council is the executive body of the Organization and is responsible for directing the activities of the Organization.

　　2. The Council shall consist of the President, the Vice-President and 23 other Member States.

　　3. In accordance with the General Rules, the members of the Council shall be elected by vote at each ordinary session of the General Assembly. In principle, Council members should come from different parts of the globe with a view to achieving global representation.

　　4. In the Council, representatives of Member States shall preferably be from the competent authority of that State responsible for the management, provision, maintenance or operation of maritime navigation assistance systems.

　　5. The quorum for a meeting of the Council shall be 17 members of the Council, at least one of whom must be the President or Vice-President of the Council.

　　6. The Council shall meet at least once a year.

　　7. Other members not members of the Council may participate in the meetings of the Council without the right to vote.

　　8. The Council shall:

　　(1) Performing the duties delegated by the General Assembly;

　　(b) coordinate the activities of the Organization within the overall policy, strategic vision and budgetary framework decided upon by the General Assembly;

　　(3) Reviewing and approving financial reports, especially annual budgets;

　　(4) Decide on the qualifications of affiliated membership;

　　(5) Convene and convene a general meeting;

　　(f) to report to the General Assembly on the work of the Organization;

　　(g) review the documents submitted by the Parties in accordance with the General Rules;

　　(8) Submit to the General Assembly all matters requiring decision by the General Assembly for its consideration;

　　(i) Approve recommendations, guidelines, manuals and other appropriate instruments;

　　(10) Approve documents submitted to other organizations;

　　(11) appointing the chairpersons and vice-chairmen of the committees and subsidiary bodies, and reviewing and approving their work plans;

　　(xii) decide on the place and time of meetings and seminars of the Organization in accordance with the General Rules; and

　　(13) Approve the Employee Regulations.

　　9. The members of the Council, after notifying the President and the Secretary-General, may invite Associate Members to participate in meetings of the Council as technical advisers and to provide advice and support on operational and technical matters to the meeting.

Article 9 The Committee and its subordinate bodies

　　1. The Committee and its subsidiary bodies shall support the aims and objectives of the Organization.

　　2. The Committee shall:

　　(a) drafting and considering standards, recommendations, guidelines, manuals and other appropriate instruments identified in the work plan;

　　(2) Pay close attention to the development of maritime navigation assistance systems;

　　(d) to carry out any other tasks decided by the Council.

Article 10 Secretariat

　　1. The Permanent Secretariat of the Organization shall consist of the Secretary-General and such personnel as may be necessary to carry out the work of the Organization within the framework of the approved budget.

　　2. The term of office of the Secretary-General shall be three years. The Secretary-General may be re-elected for a maximum of two consecutive terms of three years each.

　　The Secretary-General shall be responsible for the day-to-day management of the Organization, subject to the guidance of the General Assembly or the Council.

　　In accordance with article 7, paragraph 7, thirteenth, the Secretary-General is responsible for concluding agreements with other States or international organizations with the approval of the General Assembly.

　　5. The staff of the Secretariat shall be appointed by the Secretary-General in accordance with the corresponding provisions of the Staff Regulations and shall perform the duties assigned by the Secretary-General.

　　6. The Secretariat shall:

　　(a) keep all records necessary for the effective conduct of the work of the Organization and draft, collect and circulate any documents that may be required;

　　(b) administer the financial affairs of the Organization under the guidance of the Council in accordance with the General Rules;

　　(3) Preparing financial arrangements and financial reports;

　　(d) keep Member States, associate Members, affiliated Members and other organizations informed of the activities of the Organization;

　　(e) organizing and supporting meetings of the General Assembly, Council, Committee and subsidiary bodies;

　　(f) organizing and supporting meetings and seminars approved by the Council;

　　(g) organizing and supporting seminars, symposia and other activities;

　　(h) to carry out such other tasks as may be assigned by this Convention, the General Rules, the Assembly or the Council.

　　In the performance of their duties, the Secretary-General and his staff shall not seek or receive instructions from any Government or other source outside the Organization. The Secretary-General and the staff, as international officials reporting only to the Organization, must refrain from any conduct that might affect their responsibilities. Member States undertook to respect the international character of the responsibilities of the Secretary-General and the staff and not to seek to interfere with the performance of their duties.

Article 11 Casting

　　1. The Assembly and the Council shall make every effort to arrive at decisions by consensus among Member States.

　　2. If the Assembly or the Council cannot reach a decision by consensus, it shall be taken by secret ballot by a two-thirds majority of the Members present at the Conference.

　　3. Only Member States shall have the right to vote. Except as provided in Article 13, paragraph 4, each Member State shall have only one vote.

　　4. In accordance with the General Rules, the election of the President, Vice-Presidents and Secretary-General of the Council shall be held by secret ballot by a simple majority of the Member States present and voting.

　　5. In accordance with the General Rules, elections to the Council shall be held by secret ballot by the number of Member States present and voting.

Article 12 Language

　　The official languages of the Organization are English, Arabic, Chinese, Spanish, French and Russian.

Article 13 Finance

　　1. Expenditures incurred in the functioning of the Organization shall be met from the following financial sources:

　　(a) Member States' contributions;

　　(2) Fees paid by contact members and affiliated members;

　　(c) Donations, bequests, grants, gifts and other sources approved by the Council on the recommendation of the Secretary-General.

　　2. Member States shall pay their contributions, and each Associate Member and Associate Members shall pay annually to the Organization the fees determined in accordance with Article 7(7)(7). Member States had the same rate of contribution.

　　3. The contributions of Member States and the fees of associate and affiliated members shall be paid periodically in accordance with the Financial Regulations.

　　4. In accordance with the Financial Regulations, unless the General Assembly waives these articles, Member States whose contributions have been in arrears for two years shall, upon written notification by the Secretary-General, be revoked their right to vote and to be elected to the Board until the arrears are cleared.

　　5. Following the approval by the Board of Trustees of the audited financial reports of the Organization, these reports shall be circulated to all Member States, Associate Members and Associate Members in the annual report.

Article 14 Legal personality, privileges and immunities

　　1. The Organization shall have the status of an international legal person and shall have the following capacities:

　　(1) Concluding contracts and agreements with governments, organizations and other institutions;

　　(b) acquiring and disposing of immovable and movable property;

　　(3) Filing a lawsuit.

　　The Organization shall enjoy in the territory of each of its Member States such privileges and immunities as may be necessary for the exercise of its functions and for the achievement of its aims and objectives within the territory of each of its Member States and within the limits provided for in the conclusion of agreements with the Member States concerned.

　　3. No Member State, associate Member or associate Member shall be liable for the acts, omissions or obligations of the Organization by virtue of its status in the Organization or as a member of the Organization.

Article 15 Amendments

　　1. Any Member may propose in writing to the Secretary-General amendments to this Convention.

　　2. The Secretary-General shall circulate the proposed amendment to the Convention to the Member States at least six months before its consideration by the General Assembly.

　　3. The proposed amendments to the Convention shall be adopted by vote of the General Assembly.

　　4. The Secretary-General shall communicate to the Depositary any amendment adopted pursuant to paragraph 3 of this Article. The latter must inform all Member States of the adoption of the amendment.

　　5. Six months after the Depositary has received written notification of acceptance of an amendment by two thirds of its member States, the amendment shall enter into force for all member States, unless the member States have notified the depositary prior to the entry into force of the amendment that the amendment shall enter into force for them only after they have otherwise notified their acceptance.

　　6. Notwithstanding the circumstances referred to in paragraph 5 of this Article, the Conference may, by consensus, decide by consensus that an amendment shall enter into force for all States six months after the receipt by the Depositary of written notification of acceptance by two thirds of the Member States. If, during this six-month period, a Member State notifies its withdrawal from the Organization as a result of the amendment, notwithstanding Article 21, its withdrawal shall enter into force on the date of entry into force of the amendment.

　　7. The Depositary shall inform the Member States and the Secretary-General of the entry into force of the amendment and specify the date of entry into force of the amendment.

Article 16 Retention

　　No reservations are accepted under this Convention.

Article 17 Interpretation and Disputes

　　Member States shall make every effort to avoid disputes concerning the interpretation or application of this Convention and shall use their utmost efforts to settle any dispute by peaceful means, such as through consultations and negotiations between the parties to the dispute and other means of settlement agreed upon by the parties to the dispute.

Article 18 Signature, ratification, acceptance, approval and accession

　　1. This Convention shall be open for signature by Member States of the United Nations from 27 January 2021 and shall continue until 26 January 2022.

　　2. This Convention is subject to ratification, acceptance or approval by signatory States.

　　3. This Convention shall be open for accession to all Members of the United Nations that have not yet signed it on the day following the date of its closure of signature.

　　4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary, which shall notify all Member States that have deposited such instruments and of the Secretary-General.

Article 19 Depositary

　　France is the depositary of this Convention. This Convention shall be registered by the Depositary in accordance with Article 102 of the Charter of the United Nations.

Article 20 Validity

　　1. This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession.

　　2. For States ratifying, accepting, approving or acceding to this Convention after its entry into force, this Convention shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.

　　3. The supplementary provisions provide for the transitional period arrangements to be applied after the entry into force of this Convention.

Article 21 Withdrawal

　　1. Any Member may denounce this Convention by giving at least 12 months' written notice to the Depositary, which shall immediately notify the Member States and the Secretary-General.

　　2. The notification of denunciation may be made at any time after the expiry of six months from the date of entry into force of this Convention.

　　3. The denunciation shall take effect on December 31 of the year following the submission of the notification of withdrawal.

Article 22 Termination

　　1. This Convention may be terminated by a vote by the Assembly at least six months' notice.

　　2. The date of termination of the Convention shall be 12 months after the date of the above-mentioned decision; During this period, the Council will be responsible for the dissolution of the Organization in accordance with the General Rules.

　　IN WITNESS WHEREOF, THE UNDERSIGNED, DULY AUTHORIZED BY THEIR RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS CONVENTION.

　　This Convention, done at Paris on 27 January 2021, has one original written in English, Arabic, Chinese, Spanish, French and Russian, each equally authentic, and the original is deposited with the archives of the Depositary State. The depositary shall transmit certified copies to all signatory or acceding Governments and to the Secretary-General of the Organization.

　　By-laws

Transitional arrangements

　　At its 12th General Assembly, held in A Coruña from 25 to 31 May 2014, the International Navigation Beacon Association adopted a resolution affirming that the conversion to an "international organization" would be in the best interest of more effective achievement of its objectives and that the transition to that status should be achieved as soon as possible by ratifying the adoption of international conventions.

　　Accordingly, article XIII of the IATA Constitution was amended to facilitate the termination of the Association and the transfer of its assets to the Organization.

　　The purpose of the transitional arrangement is to ensure the continued development, improvement and coordination of maritime navigation aids by the international community and to facilitate the transformation of the International Navigation Navigation Association into the Organization.

　　1. Upon the entry into force of this Convention, the President, Vice-Presidents and Council of the International Navigation Association shall be invited to be transformed into Presidents, Vice-Presidents and Councils of the Organization and shall continue to do so until the President, Vice-Presidents and Council of the General Assembly convened in accordance with this Convention shall be elected. This phase must not exceed 6 months.

　　2. The committees of the International Navigation Navigation Association shall remain operational until a new committee is established in accordance with this Convention.

　　3. The Secretariat of the International Navigation Navigation Association shall be invited to serve as the Secretariat of the Organization and to perform the relevant duties until the Secretariat of the Organization is established. The Secretary-General of the International Navigation Association shall serve as Secretary-General of the Organization until the General Assembly elects the Secretary-General of the Organization in accordance with this Convention.

　　4. The Organization will act in accordance with the IATA General Rules, as mutatis mutandis, until the adoption of the General Rules of the Organization.

　　5. All national members of the International Navigation Navigation Association (IATA) whose States are not members shall, upon their duly request, become associate members of the Organization for a period of up to 10 years from the date of entry into force of this Convention, unless the Assembly decides to extend this period.

　　6. If a former State Member of an associated State which has associate membership in accordance with Article 5 becomes a member of the Organization, its associated membership shall cease on the date on which this Convention enters into force for that State.

　　7. All IATA associate members and industrial members who pay their dues in a timely manner may become affiliated members of the Organization upon duly application.

　　8. The rights, interests, assets and liabilities of IATA shall be transferred to the Organization in accordance with French law.