Article 8 - Violations
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Statutory Documents - IMO Publications and Documents - International Conventions - BWM - International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 - Articles of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 - Article 8 - Violations

Article 8 - Violations

  1 Any violation of the requirements of this Convention shall be prohibited and sanctions shall be established under the law of the Administration of the ship concerned, wherever the violation occurs. If the Administration is informed of such a violation, it shall investigate the matter and may request the reporting Party to furnish additional evidence of the alleged violation. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law. The Administration shall promptly inform the Party that reported the alleged violation, as well as the Organization, of any action taken. If the Administration has not taken any action within 1 year after receiving the information, it shall so inform the Party which reported the alleged violation.

  2 Any violation of the requirements of this Convention within the jurisdiction of any Party shall be prohibited and sanctions shall be established under the law of that Party. Whenever such a violation occurs, that Party shall either:

  • (a) cause proceedings to be taken in accordance with its law; or

  • (b) furnish to the Administration of the ship such information and evidence as may be in its possession that a violation has occurred.

  3 The sanctions provided for by the laws of a Party pursuant to this Article shall be adequate in severity to discourage violations of this Convention wherever they occur.

Parent topic: Articles of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
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