Agreement on maritime transport between the Kingdom of the Netherlands and the United
Mexican States
[Regeling vervallen per 20-10-2005]
Article I
[Regeling vervallen per 20-10-2005]
For the purpose of the present Agreement
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1. The "Competent Maritime Authority" in the United Mexican States means the General
Directorate for the Merchant Marine of the Undersecretariat of Operations of the Ministry
of Communications and Transport and in the Kingdom of the Netherlands the Directorate-General
Shipping and Maritime Affairs of the Ministry of Transport and Public Works.
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2. The term "vessel of a Contracting Party" means any seagoing vessel used in commercial
service, with the exception of fishing vessels and factory ships, which is registered
in the territory and flies the flag of a Contracting Party in compliance with its
national laws and regulations.
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3. The term "crew member" means the ship's master and any person actually employed on
board a vessel with regard to the working or service of the vessel, who is included
in the crew list and who is a holder of a seaman's identity document.
Article II
[Regeling vervallen per 20-10-2005]
The Contracting Parties shall in their mutual relations contribute in every respect
to the freedom of merchant shipping and shall refrain from any action which might
harm the development of international shipping.
Article III
[Regeling vervallen per 20-10-2005]
The Contracting Parties shall promote the bilateral maritime transport and where applicable
each Contracting Party shall apply the provisions of the UN Convention on a Code of
Conduct for Liner Conferences, done at Geneva on 6 April 1974.
The Contracting Parties shall ensure that their shipping companies involved shall,
in determining the shares, use the cargo sharing formula, deriving from Chapter II,
Article 2, paragraph 4 of that Convention.
Article IV
[Regeling vervallen per 20-10-2005]
Concerning the availability of conference agreements, tariffs and related documents
and conditions, the recognition of a carrier as national shipping line, the consultation
machinery, freight rates and all other matters regulated by the Convention, mentioned
in Article III, the Contracting Parties shall apply the provisions of that Convention.
Article V
[Regeling vervallen per 20-10-2005]
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2 Consequently the Contracting Parties shall, on request of one Contracting Party, conduct
consultations with a view to arrive at the proper implementation of the relevant provisions
of the Code of Conduct.
Article VI
[Regeling vervallen per 20-10-2005]
The Contracting Parties agree,
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a. to promote the development of maritime transport in a spirit of consideration of their
mutual interests and to remove any difficulties in this field;
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b. to facilitate the transfer of technology and know-how in the field of shipping.
Article VII
[Regeling vervallen per 20-10-2005]
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1 Each Contracting Party shall grant to the vessels of the other Contracting Party the
same treatment as to its own vessels used in international sea transport, with regard
to official formalities, free access to ports, utilisation of such ports for loading
and discharging of cargo, and embarkment of passengers, payment of tonnage dues and
other taxes or charges, utilisation of services and facilities applied for navigation,
shipping and normal commercial transactions.
This applies also to vessels chartered by shipping companies of the other Contracting
Party, unless the Competent Maritime Authority of that Contracting Party objects.
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4 The vessels of each of the Contracting Parties, carrying tonnage certificates issued
in accordance with national laws and regulations shall not be subject to remeasurement
in ports of the other Contracting Party and, if the port dues are calculated on the
basis of gross registered tonnage or net tonnage, the relevant tonnage on the certificate
of the vessel shall be used for that purpose.
Article VIII
[Regeling vervallen per 20-10-2005]
The Contracting Parties shall adopt, within the limits of their respective national
laws and regulations, all appropriate measures to facilitate and expedite maritime
traffic, to prevent unnecessary delays to vessels and to expedite and simplify as
much as possible the carrying out of official formalities applicable in ports.
Article IX
[Regeling vervallen per 20-10-2005]
Each Contracting Party shall grant to the shipping company which has its place of
effective management in the territory of the other Contracting Party the right of
free transfer in convertible currency of all revenues earned by that shipping company
from activities covered by this Agreement in the territory of the first Contracting
Party. Such transfers shall be granted regularly and currently and shall be based
on official exchange rates for current payments, or where there are no official exchange
rates, at the prevailing foreign exchange market rates for current payments. No charges
other than normal bank charges shall be applicable to such tranfers.
Article X
[Regeling vervallen per 20-10-2005]
The Contracting Parties shall recognize the seaman's identity documents, issued by
the competent authorities of the other Contracting Party.
These identity documents are:
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a. for crew members on Mexican vessels:
the Carta de Identidad de la Gente de Mar de Mexico;
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b. for crew members on Netherlands vessels:
the Netherlands "Monsterboekje" (seaman's book).
Article XI
[Regeling vervallen per 20-10-2005]
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1 During the time a vessel of either Contracting Party is berthed in a port of the other
Contracting Party, each crew member of that vessel shall be permitted shore leave
on the territory of the municipality to which the port belongs, as well as on the
territories of adjacent municipalities, without visas being required provided he can
show the relevant identity document, mentioned in Article X.
However, such leave shall only be permitted if the ship's master has submitted a crew
list on which the crew member occurs to the competent authorities, in accordance with
the regulations in force in that port.
Article XII
[Regeling vervallen per 20-10-2005]
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1 Crew members holding the relevant identity documents, mentioned in Article X, have
the right, regardless of the mode of transport, to enter the territory of the other
Contracting Party or pass through that territory in order to rejoin their vessel,
to be transferred to another vessel in order to return to their country, or to travel
for any other purpose with the consent of the competent authorities of that other
Contracting Party.
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2 When a crew member holding the relevant identity document, mentioned in Article X,
is disembarked in a port on the territory of the other Contracting Party for reasons
of health, or other ground recognized by the competent authorities, these authorities
shall give the necessary authorisation in order to enable the crew member to remain
on their territory to receive medical attention or to be hospitalized and to return
to his country by any means of transport or to go to another port of embarkation.
Article XIII
[Regeling vervallen per 20-10-2005]
Without prejudice to the generality of the Article XI to XII, the applicable laws
and regulations of either Contracting Party concerning the entry, the stay and the
termination of the stay of foreigners, remain in force.
Article XIV
[Regeling vervallen per 20-10-2005]
The authorisations contained in Articles XI to XII do not imply a restriction to the
right of either Contracting Party to refuse any crew member the entry in its territory.
Article XV
[Regeling vervallen per 20-10-2005]
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1 Should vessels of either Contracting Party be involved in maritime casualties or encounter
any other danger in the territorial waters or ports of the other Contracting Party,
the latter shall give all possible assistance and attention to the vessels, crew members,
cargo and passengers in danger, and notify the appropriate authorities of the Contracting
Party concerned without delay.
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2 Where cargo on board a vessel of either Contracting Party involved in a maritime casualty
needs to be discharged and stored temporarily in the territory of the other Contracting
Party before its return to the country of shipment or carriage to third countries,
the other Contracting Party shall provide all facilities required, and such cargo
shall be exempt from all customs duties, dues and taxes.
Article XVI
[Regeling vervallen per 20-10-2005]
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1 The vessels and crew members of either Contracting Party shall observe the relevant
laws and regulations of the other Contracting Party during their stay in the latter's
territorial sea, internal waters and ports.
The authorities of either Contracting Party shall not exercise jurisdiction over or
intervene in the internal affairs of the vessels of the other Contracting Party in
its territorial sea and its ports, except in the cases and to the extent expressly
provided in generally accepted international rules and regulations and in treaties,
in force between the Contracting Parties.
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2 When a crew member of a vessel of either Contracting Party has committed a crime on
board that vessel in the territorial sea of the other Contracting Party, the competent
authorities of that Contracting Party shall not prosecute him without the consent
of the master of the vessel or of a diplomatic or consular officer of the former Contracting
Party, unless:
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a) the consequences of the crime extend to their territory; or
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b) the crime is of a kind to disturb the peace of their country or the good order of
the ports and the territorial sea; or
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c) according to the law of their country, the crime is a serious offence; or
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d) the crime has been committed against a foreigner on board the vessel; or
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e) such measures are necessary for the suppression of illicit traffic in narcotic drugs
or psychotropic substances.
Article XVII
[Regeling vervallen per 20-10-2005]
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1 With a view to assuring full implementation of the present Agreement and facilitating
maritime transport between the two States, the Contracting Parties shall establish
a Joint Committee, which will be composed of representatives of the competent Government
authorities of the two Contracting Parties.
Article XVIII
[Regeling vervallen per 20-10-2005]
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2 The present Agreement may be extended with any necessary modifications to the Netherlands
Antilles. Such extension shall take effect from such date and subject to such modifications
and conditions, including conditions as to termination, as may be specified and agreed
in notes to be exchanged through diplomatic channels.
Article XIX
[Regeling vervallen per 20-10-2005]
The present Agreement shall enter into force on the first day of the second month
following the date on which the Contracting Parties have informed each other in writing
through diplomatic channels that the procedures constitutionally required therefore
in their respective countries have been fullfilled, and shall remain in force for
an indefinite period.
If either Contracting Party whishes to denounce the present Agreement, it shall notify
the other Contracting Party in writing through diplomatic channels and the denunciation
of the Agreement shall take effect twelve months after the date of receipt of such
notification by the other Contracting Party.