INTERNATIONAL CONVENTION
RELATING TO STOWAWAYS
(Brussels, 10.X.1957)
The High Contracting Parties,
Having recognized the desirability of determining by agreement
certain uniform rules relating to stowaways, have decided to
conclude a convention for this purpose, and thereto have agreed as
follows:
Article 1
In this Convention the following expressions shall have the
meanings specified hereunder:
"Stowaway" means a person who, at any port or place in the
vicinity thereof, secretes himself in a ship whithout the consent
of the shipowner or the Master or any other person in charge of
the ship and who is on board after the ship has left that port or
place.
"Port of Embarkation" means the port or place in the vicinity
thereof at which a stowaway boards the ship on which he is found.
"Port or Disembarkation" means the port at which the stowaway
is delivered to the appropriate authority in accordance with the
provisions of this Convention.
"Appropriate authority" means the body or person at the port
of disembarkation authorized by the Government of the State in
which that port is situated to receive and deal with stowaways in
accordance with the provisions of this Convention.
"Owner" includes any charterer to whom the ship is demised.
Article 2
1. If on any voyage of a ship registered in or bearing the
flag of a Contracting State a stowaway is found in a port or at
sea, the Master of the ship may, subject to the provisions of
paragraph 3, deliver the stowaway to the appropriate authority at
the first port in a Contracting State at which the ship calls
after the stowaway is found, and at which he considers that the
stowaway will be dealt with in accordance with the provisions of
this Convention.
2. Upon delivery of the stowaway to the appropriate authority,
the master of the ship shall give to that authority a signed
statement containing all information in his possession relating to
that stowaway including his nationality or nationalities, his port
of embarkation and the date, time and geographical position of the
ship when the stowaway was found, as well as the port of departure
of the ship and the subsequent ports of call with dates of arrival
and departure.
3. Unless the stowaway is under a previous individual order of
deportation or prohibition from entry, the appropriate authority
of a Contracting State shall receive any stowaway delivered to it
in accordance with the foregoing provisions of this Article and
deal with him in accordance with the provisions of this
Convention.
Article 3
When a stowaway is delivered to the appropriate authority at
the port of disembarkation:
1. This authority may return him to any State of which it
considers that he is a national and is admitted as such by that
State.
2. When, however, she State or States of which the appropriate
authority consider the stowaway to be a national refuses or refuse
to accept his return, or when the appropriate authority is
satisfied that the stowaway possesses no nationality or that, for
reasons mentioned in Article 5 (2), he should not be returned to
his own country, then the said authority may, subject to the
provisions or Article 5 (2), return the stowaway to the State in
which the port which they consider to have been his port of
embarkation is situated.
3. However, if the stowaway cannot be returned as provided
under paragraph (1) or (2) of this Article, the appropriate
authority may, subject to the provisions of Article 5 (2), return
him to the State in which the last port at which the ship called
prior to his being found is situated.
4. Finally, when the stowaway cannot be returned as provided
under paragraph (1), (2) or (3) of this Article, the appropriate
authority may return him to the Contracting State whose flag was
flown by the ship in which he was found.
The State to which the stowaway is accordingly returned, shall
be bound to accept the stowaway, subject to the provisions of
Article 2 (3).
Article 4
The costs of maintenance of a stowaway at his port of
disembarkation as well as those for returning him to the country
of which he is a national shall be defreayed by the shipowner,
without prejudice to the right of recovery, if any, from the State
of which the stowaway is a national.
In all other cases the shipowner shall defray the costs of
returning the stowaway but he will not be liable to defray
maintenance costs for a period exceeding three months from the
time when the stowaway is delivered to the appropriate authority.
Any obligation to provide a deposit or hail as a guarantee for
payment of the above costs shall be determined by the law of the
port of disembarkation.
Article 5
1. The powers conferred by this Convention on the Master of a
ship and on an appropriate authority, with respect to the disposal
of a stowaway, shall be in addition to and not in derogation of
any other powers or obligations, which he or they may have in that
respect.
2. As regards the application of the provisions of this
Convention, the Master and the appropriate authorities of the port
of disembarkation will take into account the reasons which may be
put forward by the stowaway for not being disembarked at or
returned to those ports or States mentioned in this Convention.
3. The provisions of this Convention shall not in any way
affect the power or obligation of a Contracting State to grant
political asylum.
Article 6
This Convention shall be open for signature by the States
represented at the tenth session of the Diplomatic Conference on
Maritime Law.
Article 7
This Convention shall be ratified and the instruments of
ratification shall be deposited with the Belgian Government which
shall notify through diplomatic channels all signatory and
acceding States of their deposit.
Article 8
1. This Convention shall come into force between the ten
States which first ratify it, six months after the date of the
deposit of the tenth instrument of ratification.
2. This Convention shall come into force in respect of each
signatory State which ratifies it after the deposit of the tenth
instrument of ratification, six months after the date of the
deposit of the instrument of ratification of that State.
Article 9
Any State not represented at the tenth session of the
Diplomatic Conference on Maritime Law may accede to this
Convention.
The instruments of accession shall be deposited with the
Belgian Government which shall inform through diplomatic channels
all signatory and acceding States of the deposit of any such
instruments.
The Convention shall come into force in respect of the
acceding State six months after the date of the 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 8 (1).
Article 10
Each High Contracting Party shall have the right to denounce
this Convention at any time after the coming into force thereof in
respect of such High 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 which shall inform through diplomatic channels all
signatory and acceding States of such notification.
Article 11
1. Any High Contracting Party may at the time of its
ratification of or accession to this Convention or at any time
thereafter declare by written notification to the Belgian
Government that the Convention shall extend to any of the
territories for whose international relations it is responsible.
The Convention shall six months after the date of the receipt of
such notification by the Belgian Government extend to the
territories named therein, but not before the date of the coming
into force of the Convention in respect of such High Contracting
Party.
2. Any High Contracting Party which has made a declaration
under paragraph (1) of this Article extending the Convention to
any territory for whose international relations it is responsible
may at any time thereafter declare by notification given to the
Belgian Government that the Convention shall cease to extend to
such territory. This denunciation shall take effect one year after
the date on which notification thereof has been received by the
Belgian Government.
3. The Belgian Government shall inform, through diplomatic
channels all signatory and acceding States of any notification
received by it under this Article.
Article 12
Any High Contracting Party may three years after the coming
into force of this Convention in respect of such High Contracting
Party or at any time thereafter request that a Conference be
convened in order to consider amendments to this Convention.
Any High Contracting Party proposing to avail itself of this
right shall notify the Belgian Government which shall convene the
Conference within six months thereafter.
In witness whereof the Plenipotentiaries, duly authorized,
have signed this Convention.
Done at Brussels, this tenth day of October 1957, in the
French and English languages, the two texts being equally
authentic, in a single copy, which shall remain deposited in the
archives of the Belgian Government, which shall issue certified
copies.
(Follow the signatures)
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