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FAQ's
MEMBERSHIP
Q: Who can join the IOPC Funds?
A: Only States can become Members. States which were previously members of the 1971 Fund should consider becoming Members of the 1992 Fund, since the 1971 Fund Convention ceased to be in force on 24 May 2002.
Q: How does a State become a Member of the 1992 Fund?
A: A State must accede to the 1992 Civil Liability Convention and to the 1992 Fund Convention by depositing a formal instrument of accession with the Secretary-General of the International Maritime Organization (IMO). These Conventions should be incorporated into the national law of the State concerned.
Q: How long does it take to become a Member of the
1992 Fund?
A: A State will become a Member of the 1992 Fund twelve months after the instrument of accession to the 1992 Fund Convention is deposited with IMO.
Q: What are the advantages of joining the 1992 Fund?
A: If a pollution incident occurs involving an oil tanker, compensation of approximately 203 million SDR (roughly equivalent to US$307.5 million) is available to governments or other authorities which have incurred costs for clean-up operations or measures to prevent or minimise pollution damage, and to private bodies or individuals who have suffered damage within a 1992 Fund Member State as a result of oil pollution. The flag of the tanker and the ownership of the oil do not affect the right to compensation. Further information can be found in the General Explanatory Note.
Q: How does a State become a Member of the Supplementary Fund?
A: A State will have to be a Member of the 1992 Fund and accede to the 2003 Protocol to the 1992 Fund Convention by depositing a formal instrument of accession with the Secretary-General of IMO.
Q: How long does it take to become a Member of the Supplementary Fund?
A: A State will become a Member of the Supplementary Fund three months after the instrument of accession to the 1992 Fund Convention has been deposited with the Secretary-General of IMO.
Q: What are the advantages of joining the Supplementary Fund?
A: If pollution damage occurs in a State that is a Member of Supplementary Fund, additional compensation is available under the 2003 Protocol to the 1992 Fund Convention so that the maximum amount available for any one incident is approximately 750 million SDR (approximately US$1 136 million), including the amount payable under the 1992 Civil Liability and Fund Conventions. In view of the very high amount available for compensation of pollution damage in these States, it should in practically all cases be possible to pay all established claims in full from the outset. Current compensation limits can be found on the Conversion of Special Drawing Rights (SDR) page of this website.
Q: How many Members do the 1992 Fund and Supplementary Fund have?
A: The latest figures are given in the Facts & Figures page of this website. The number of 1992 Fund and Supplementary Fund Member States continues to increase. Since the 1971 Fund Convention is no longer in force, there are no longer any 1971 Fund Member States.
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