4.1 Article
11(4) of the AFS Convention allows Parties to inspect ships at the request of
another Party, if sufficient evidence that the ship is operating or has operated in
violation of the Convention is provided. Article 12(2)
permits port States conducting the inspection to send the Administration (flag State) of
the ship concerned any information and evidence it has that a violation has occurred.
Information sent to the flag State is often inadequate for a prosecution. The following
paragraphs detail the sort of information needed.
4.2 The report to the authorities of the port or coastal State should include as much as
possible the information listed in section 3. The information in the report should be
supported by facts which, when considered as a whole, would lead the port or coastal
State to believe a contravention had occurred.
4.3 The report should be supplemented by documents such as:
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.1 the port State report on deficiencies;
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.2 a statement by the PSCO, including their rank and organization, about the
suspected non-conforming anti-fouling system. In addition to the information
required in section 3, the statement should include the grounds the PSCO had for
carrying out a more detailed inspection;
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.3 a statement about any sampling of the anti-fouling system including:
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.1 the ship's location;
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.2 where the sample was taken from the hull, including the vertical distance
from the boot topping;
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.3 the time of sampling;
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.4 person(s) taking the samples; and
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.5 receipts identifying the persons having custody and receiving transfer of
the samples;
.4 reports of the analyses of any samples including:
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.1 the results of the analyses;
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.2 the method employed;
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.3 reference to or copies of scientific documentation attesting the accuracy
and validity of the method employed;
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.4 the names of persons performing the analyses and their experience; and
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.5 a description of the quality assurance measures of the analyses;
.5 statements of persons questioned;
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.6 statements of witnesses;
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.7 photographs of the hull and sample areas; and
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.8 a copy of the IAFS Certificate, including copies of relevant pages of the
Record of Anti-fouling Systems, logbooks, MSDS or similar, declaration of
compliance from the anti-fouling system manufacturer, invoices from the shipyard
and other dry dock records pertaining to the anti-fouling system.
4.4 All observations, photographs and documentation should be supported by a signed
verification of their authenticity. All certifications, authentications or verifications
should be in accordance with the laws of the State preparing them. All statements should
be signed and dated by the person making them, with their name printed clearly above or
below the signature.
4.5 The reports referred to under paragraphs 2 and 3 of this section should be sent to
the flag State. If the coastal State observing the contravention and the port State
carrying out the investigation on board are not the same, the port State carrying out
the investigation should also send a copy of its findings to the coastal State.