to Registration of Rights in respect of Vessels under Construction
(Brussels, 27 May 1967)
THE CONTRACTING PARTIES,
HAVING RECOGNIZED the desirability
of determining by agreement certain rules relating to registration of rights
in respect of ships under construction,
HAVE DECIDED to conclude a convention
for this purpose, and thereto agreed as follows:
The Contracting States undertake that their
national law shall contain provisions permitting the registration in accordance
with the provisions of this Convention, in an official public register
established by or under the control of the State, of the rights set out
in Article 5 in respect of vessels which are to be or are being constructed
within their territories.
The registration of such rights may be restricted
to vessels which, under the national law of the State of registration,
will be of a type and size making them eligible, when completed, for registration
as sea-going vessels.
The Contracting States may restrict registration
of such rights to cases where vessels are to be or are being constructed
for a foreign purchaser.
The Contracting States shall allow registration
of rights in respect of vessels which are to be or are being constructed
irrespective of the nationality or domicile of the applicant. However,
the foregoing shall not affect any provision of the national law of the
State of registration restricting the acquisition of such rights by aliens
or for controlling shipbuilding.
The effects of registrations under the provisions
of this Convention as regards the national status of any vessel shall be
determined by the law of the State where the vessel is to be or is being
No right in respect of a vessel which is to
be or is being constructed within the territory of a Contracting State
shall be admissible for registration in any other Contracting State.
Registration of rights in respect of a vessel
which is to be or is being constructed shall be permitted when a contract
for the building of a properly specified vessel has been executed or the
builder declares that he has decided to build such a vessel for his own
However, the national law may make it a condition
for registration that the keel has been laid or equivalent constructional
work has been performed in the place of launching.
Titles to and mortgages and "hypothèques"
on a vessel which is to be or is being constructed shall, on application,
be entered in the register.
The effects of the registration of the rights
set out in Article 5, including the ranking of mortgages and "hypothèques"
between themselves, shall be determined by the law of the State where the
vessel is to be or is being constructed; however, without prejudice to
the provisions of this Convention, all matters relating to the procedure
of enforcement shall be regulated by the law of the State where the enforcement
The ranking between registered mortgages and
"hypothèques" on vessels under construction on the one hand and
liens and rights of retention on such vessels on the other hand shall be
determined according to the rules applicable to vessels registered after
The national law may provide that the registered
rights on a vessel under construction shall attach to materials, machinery
and equipment which are within the precincts of the builder's yard and
which by marking or other means are distinctly identified as intended to
be incorporated in the vessel.
The rights set out in Article 5 which are
registered in one of the Contracting States in accordance with the national
law of such State, and the priority thereby obtained, shall be recognized
in all other Contracting States.
No contracting State shall permit, except
in the case of forced sale, the deregistration of the rights set out in
Article 5 without the written consent of the holders of such rights.
A vessel which is being or has been constructed
in a Contracting State shall not be eligible for registration in another
Contracting State unless a certificate has been issued by the former State
to the effect that the rights registered pursuant to Article 5 have been
deregistered or that such rights will be deregistered on the day when the
vessel is registered.
Any dispute between two or more contracting
Parties concerning the interpretation or application of this Convention
which cannot be settled through negotiation, shall, at the request of one
of them, be submitted to arbitration. If within six months from the date
of the request for arbitration the Parties are unable to agree on the organization
of the arbitration, any one of those Parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute
of the Court.
1. Each contracting Party may at the time
of signature or ratification of this Convention or accession thereto, declare
that it does not consider itself bound by Article 11 of the Convention.
The other contracting Parties shall not be bound by this Article with respect
to any contracting Party having made such a reservation.
2. Any contracting Party having made a reservation
in accordance with paragraph 1 may at any time withdraw this reservation
by notification to the Belgian Government.
This Convention shall be open for signature
by the States represented at the twelfth session of the Diplomatic Conference
on Maritime Law.
This Convention shall be ratified and the
instruments of ratification shall be deposited with the Belgian Government.
1. This Convention shall come into force three
months after the date of the deposit of the fifth instrument of ratification.
2. This Convention shall come into force in
respect of each signatory State which ratifies it after the deposit of
the fifth instrument of ratification, three months after the date of the
deposit of the instrument of ratification.
1. States, Members of the United Nations or
Members of the specialized agencies, not represented at the twelfth session
of the Diplomatic Conference on Maritime Law, may accede to this Convention.
2. The instruments of accession shall be deposited
with the Belgian Government.
3. The Convention shall come into force in
respect of the acceding State three months after the date of deposit of
the instrument of accession of that State, but not before the date of entry
into force of the Convention as established by Article 15(1).
Each Contracting Party shall have the right
to denounce this Convention at any time after the coming into force thereof
in respect of such Contracting Party. Nevertheless, this denunciation shall
only take effect one year after the date on which notification thereof
has been received by the Belgian Government.
1. Any Contracting Party may at the time of
signature, ratification or accession to this Convention or at any time
thereafter declare by written notification to the Belgian Government which,
among the territories under its sovereignty or for whose international
relations it is responsible, are those to which the present Convention
The Convention shall three months after the
date of the receipt of such notification by the Belgian Government, extend
to the territories named therein.
2. Any Contracting Party which has made a
declaration under paragraph (1) of this Article may at any time thereafter
declare by notification given to the Belgian Government that the Convention
shall cease to extend to such territories.
This denunciation shall take effect one year
after the date on which notification thereof has been received by the Belgian
The Belgian Government shall notify the States
represented at the twelfth session of the Diplomatic Conference on Maritime
Law, and the acceding States to this Convention, of the following:
1. The signatures, ratifications and accessions
received in accordance with Articles 13, 14 and 16.
2. The date on which the present Convention
will come into force in accordance with Article 15.
3. The notifications with regard to Articles
12 and 18.
4. The denunciations received in accordance
with Article 17.
Any Contracting Party may three years after
the coming into force of this Convention, in respect of such Contracting
Party, or any time thereafter request that a Conference be convened in
order to consider amendments to this Convention.
Any Contracting Party proposing to avail itself
of this right shall notify the Belgian Government which, provided that
one-third of the Contracting Parties are in agreement, shall convene the
Conference within six months thereafter.
IN WITNESS WHEREOF the undersigned
plenipotentiaries, duly authorized, have signed this Convention.
DONE at Brussels, this 27th
day of May 1967, in the French and English languages, both texts being
equally authentic, in a single copy, which shall remain deposited in the
archives of the Belgian Government, which shall issue certified copies.