EXPLANATORY MEMORANDUM OF THE PROPOSED ACCEPTANCE OF THE 1991 (FAL) AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL MARITIME ORGANISATION, 1948

1. PURPOSE

The purpose of this memorandum is to request parliamentary approval for South Africa's acceptance of the 1991 (FAL) Amendments to the Convention on the International Maritime Organisation.

2. HISTORY

South Africa has been a member of the IMO since 1995 and has continued to maintain its relationship with the IMO and its members. South Africa's active involvement in the IMO affairs including the Sub-Saharan Africa saw its re­election to the IMO Council. In November 1991 the Assembly adopted, by resolution A. 724 (17), Amendments to the Convention providing for the institutionalization of the Facilitation Committee. The Amendments introduced by resolution A. 724 (17) are formal in nature and are intended merely to integrate the Facilitation Committee into the existing institutional framework established by the Convention. This is achieved by amendments of Articles 11,15.21,25, 47 to 51 and 57 by consequential modification of several other articles.

3. OBJECTIVES AND IMPLICATIONS

The Facilitation Committee was established to deal with IMO's work relating to elimination of unnecessary formalities and procedures in international maritime transport. The work of the Committee concentrates on ensuring the proper functioning of the Convention of Facilitation of International Maritime Traffic, 1965, the objectives of which are to prevent unnecessary delays in maritime traffic, to aid co-operation between governments, and to secure the highest practicable degrees of uniformity in formalities and other procedures

4. SELF-EXECUTING PROVISIONS OF THE CONVENTION

The amendments introduced by Resolution A .724(17) are formal in nature and are intended merely to integrate the Facilitation Committee into the existing institutional framework established by the Convention. The Facilitation Committee like any other Committees of the International Maritime Organisation (lMO) is required to meet at least once a year.

5. CONSULTATION

The acceptance proposal was published for comment in the Government Gazette (No 21310) of June 2000, and it attracted no adverse comments. The amendments were also referred to the State law Advisers of both the Department of Foreign Affairs and Department of Justice. Both the Departments of Foreign Affairs and Justice and Constitutional Development found that the Amendments are in compliance with both international law and domestic law practice.

6. FINANCIAL IMPLICATIONS FOR THE STATE

There are no additional financial implications that will arise out of the implementation of this instrument.

7. CONCLUSION

Having regard, inter alia, to South Africa's position on the Council, and the leadership role that it is expected to fulfill by virtue of that position, it is the considered opinion of the Department of Transport that the proposed acceptance of the 1991 amendments is in the national interest and deserving of favourable consideration. Approval of this Cabinet Memorandum will reinforce South Africa's campaign for re-election into category C of the IMO Council during the Assembly that will be held in November 2007.