Agreement between the Government of the Republic of Latvia and the Government of the Republic of Cyprus on Merchant Shipping

The Government of the Republic of Latvia and the Government of the Republic of Cyprus, hereinafter referred to as the Contracting Parties,

Desiring to strengthen the friendly relations existing between the two countries and to intensify their economic relations,

Aiming to develop and promote cooperation between them in the field of merchant shipping on a mutually beneficial basis in accordance with their respective needs and objectives for economic development,

Have agreed as follows:

Article 1

Objective

The Contracting Parties agree to cooperate on the basis of equal rights, mutual benefits and the principle of freedom of navigation in order to develop the relations between their countries in the field of merchant shipping. The Contracting Parties shall refrain from any action that could hamper the development of international shipping based on the above mentioned principles.

Article 2

Definitions

For the purpose of the present Agreement:

1. The term "vessel" means any merchant vessel registered in the ship register of either of the Contracting Parties and flying its national flag under its laws and regulations.

This definition excludes warships, auxiliary warships, fishing vessels and other vessels destined or used for non-commercial purposes.

2. The term "crew member" means any person, including the master, actually employed under contract for duties on board a vessel and included in the crew list.

3. The term "ports" means seaports, including roadsteads, which are approved and open to international shipping.

4. The term "enterprise" means any enterprise, including shipping company, branch or agency of it, which is registered and operating in either of the Contracting Parties under its laws and regulations.

Article 3

Competent authorities

1. The matters referring to the implementation of the present Agreement will be dealt with by the competent authorities of the Contracting Parties.

The competent authorities are:

a) in the case the Republic of Latvia - The Ministry of Transport or the institution authorized by it,

b) in the case the Republic of Cyprus - The Ministry of Communications and Works.

2. In case any of the competent authorities mentioned in this Article is changed, the name of the new authority will be notified to the other Contracting Party through diplomatic channels.

Article 4

Application

1. The present Agreement shall apply in the territories of the Contracting Parties.

2. The provisions of the present Agreement shall apply to the international traffic between the territories of the Contracting Parties and to and from third countries.

Article 5

Areas of cooperation

1. The Contracting Parties agree:

a) to promote participation of their vessels in the transportation of goods and passengers between their ports,

b) to cooperate in eliminating any hindrances which may hamper the development of sea trade between their ports,

c) for the purpose of effectively using their vessels, to encourage the participation of their vessels, as far as possible, in the transportation of goods and passengers between their ports and to and from third countries,

d) to cooperate for the promotion of employment of their seafarers and for the improvement of conditions of work and the welfare of the seafarers employed on their vessels.

2. With a view to implementing the provisions of this Article the enterprises of the Contracting Parties may agree to operate jointly or separately regular services as well as to conclude agreements on technical and commercial matters related to shipping.

3. The provisions of this Article shall not affect the participation of vessels of third countries in the sea trade between the ports of the Contracting Parties.

Article 6

Treatment to vessels in ports

1. Each of the Contracting Parties shall grant to the vessels of the other Contracting Party the same treatment as it grants to its own vessels engaged in international voyages in respect of free access to ports, use of ports for loading and unloading of cargoes and for embarking and disembarking of passengers, payment of tonnage and other dues, fees and taxes, exercising normal commercial operations and use of services related to navigation.

2. The provisions of paragraph 1 of this Article:

a) shall not oblige a Contracting Party to extend to vessels of the other Contracting Party exemptions from compulsory pilotage requirements granted to its own vessels,

b) shall not affect the regulations concerning entry and stay of foreigners.

Article 7

Parallel / bareboat registration of ships

A vessel of one of the Contracting Parties may be parallel / bareboat registered, as the case may be, for a specified period of time in the ship register of the other Contracting Party and fly that Party's flag provided that the laws and regulations of the Contracting Parties are complied with.

The approval of the competent authorities of both Contracting Parties is required for such registration and any condition imposed must be fulfilled. The vessel will not be deleted from the ship register and its registration will remain valid regarding ownership and registered mortgages but its nationality shall be suspended.

Article 8

Port formalities

The Contracting Parties shall adopt within the limits of their respective national laws and regulations all appropriate measures to reduce unnecessary delays of vessels in their ports and to simplify, as far as possible, the carrying out of administrative, customs and sanitary formalities applicable in those ports.

Article 9

Ships' documents

1. Each of the Contracting Parties shall recognize the nationality of a vessel of the other Contracting Party on the basis of the documents on board that vessel issued or recognized by the competent authorities of the other Contracting Party according to its national laws and regulations.

2. Vessel's documents on board, including documents of crew members, issued or recognized by the competent authorities of one Contracting Party should be accepted by the competent authorities of the other Contracting Party.

Article 10

Seafarers' identity documents

1. Each of the Contracting Parties shall recognize the seafarers' identity documents issued by the competent authorities of the other Contracting Party to crew members who are nationals of that Contracting Party and shall grant to the holders of such documents the rights provided for in Articles 11, 12 and 13 of the present Agreement under the conditions stipulated therein.

These identity documents are:

a) for seafarers from the Republic of Latvia: "Seaman's Discharge Book",

b) for seafarers from the Republic of Cyprus: both the "Cyprus Seaman's Book" and the Passport issued by the Government of Cyprus.

2. The provisions of Articles 11, 12 and 13 of the present Agreement shall be accordingly applied to any person who is neither a Latvian nor a Cypriot but holds the seafarer's identity document corresponding to the provisions of either the Convention on Facilitation of International Maritime Traffic, 1965 and its Annex, or the Convention Concerning Seafarers' National Identity Documents no.108 of the International Labour Organization, 1958. Such identity document should be issued by a State which is party to the relevant Convention and guarantees the readmission of the bearer to the country that issued the document.

Article 11

Seafarers' right to shore leave

1. Holders of the seafarers' identity documents specified in Article 10 of the present Agreement, being crew members, are permitted to stay for temporary shore leave without visas during the stay of their vessel in a port of the other Contracting Party provided that the master has submitted the crew list to the appropriate authorities according to the regulations in force in that port.

2. While going ashore and returning to the vessel, the persons mentioned in this Article are subject to frontier and customs control in force in that port.

Article 12

Seafarers' other rights

1. Holders of the seafarers' identity documents specified in Article 10 of the present Agreement are permitted as passengers by any means of transport to enter and leave the territory of the other Contracting Party or to pass through its territory in transit whenever they are on the way to their vessel or moving to another vessel, on the way home or going for any other reason approved by appropriate authorities of this other Contracting Party.

2. In all cases specified in paragraph 1 of this Article the seafarers must have corresponding permission of the other Contracting Party which shall be granted by the appropriate authorities as soon as possible.

3. If the stay of holders of the seafarers' identity documents specified in Article 10 of the present Agreement in the territory of the other Contracting Party should be prolonged due to accident, illness or any other matter recognized by the appropriate authorities as lawful, these authorities shall prolong such stay upon the submission of written evidence for the time thereby requested.

4. In case the holder of the seafarer's identity document specified in Article 10 of the present Agreement is not a national of either Contracting Party, the permission specified in paragraph 2 of this Article for entry into or transit passage via the territory of the other Contracting Party shall be granted, provided that readmission to the territory of the Contracting Party that has issued the seafarer's identity document is guaranteed to the holder of that identity document.

5. The shore admittance of seafarers mentioned in Article 11 of the present Agreement, their temporary stay in the port town as well as the trip from the port town to another place or port of the same country for service purposes or in order to contact the diplomatic office or the consular office of their country are subject to the local regulations.

Article 13

Right to deny entry

Each of the Contracting Parties reserves the right to deny entry to its territory to seafarers whom it considers undesirable.

Article 14

Technical assistance

The Contracting Parties agree to render each other, to the extent possible, technical assistance in developing merchant fleets including training of seafarers. For this purpose the Contracting Parties shall encourage, support and facilitate cooperation in the field of maritime training between appropriate training institutions and agencies.

Article 15

Employment of seafarers

1. For the safe manning of the vessels of the Contracting Parties with qualified personnel, shipowners of one of the Contracting Parties may engage, according to its relevant laws and regulations, qualified nationals of the other Contracting Party. The terms of employment of such nationals on vessels of one of the Contracting Parties shall be approved by the competent authorities of the seafarers' country in consultation, where possible, with the national seafarers' unions. In this regard each Contracting Party shall exert its best efforts to ensure that these terms of employment are adhered to.

2. Any disputes arising out of the respective contract of employment between a shipowner of the one Contracting Party and a seafarer of the other Contracting Party shall be referred for settlement solely to the jurisdiction of the competent Courts or appropriate authorities of either Contracting Party.

Article 16

Permanent representations

Enterprises and shipping organizations registered and operating in the territory of one of the Contracting Parties shall be entitled to establish permanent representations in the territory of the other Contracting Party in accordance with the latter's laws and regulations.

Article 17

Rights to enter ports

Each Contracting Party shall allow, in accordance with its laws and regulations, authorized Government representatives, diplomatic and consular missions and representatives of shipping enterprises of the other Contracting Party to enter its ports and board vessels, flying the flag or chartered by enterprises of the other Contracting Party, in order to perform duties related to the activities of these vessels and their crews.

Article 18

Marine casualties

1. Should a vessel of one of the Contracting Parties be involved in a marine casualty or encounter any other danger off the coast of the other Contracting Party, the latter shall give all possible assistance and attention to the passengers, crew members, cargo and vessel in danger in accordance with the provisions of the International Convention on Maritime Search and Rescue, 1979 and the International Convention on Salvage, 1989 and notify without delay the competent authority of the respective Contracting Party on the incident.

2. The cargo and articles unloaded or saved from the vessel specified in paragraph 1 of this Article, provided they are not delivered for use or consumption in the territory of the other Contracting Party, shall not be liable to any customs duties.

3. The competent authority of the Contracting Party in whose territory the casualty occurred should initiate an investigation into the circumstances and the cause of the casualty, cooperate with and provide every possible assistance to the competent authority of the other Contracting Party for carrying out such investigation.

Article 19

Use of income

Enterprises of either Contracting Party shall have the right to use income and other revenue obtained within the territory of the other Contracting Party and deriving from maritime transport operations for the purpose of making payments in the territory of that Contracting Party. Any surplus, after settlement of all amounts due locally including tax, if any, may be transferred abroad.

Article 20

Application of conventions

and national legislation

1. The provisions of the present Agreement do not affect the rights and obligations of the Contracting Parties arising out of the international maritime conventions binding both Contracting Parties.

2. Unless otherwise provided in the present Agreement, the national legislation of each Contracting Party shall be applied.

Article 21

Joint Committee

For the effective implementation of the present Agreement and the discussion of any matter arising therefrom, a Joint Committee, composed of government officials and experts to be appointed by the competent authorities of the Contracting Parties, is established. The Joint Committee shall meet at the request of either competent authority, at a date convenient to both sides.

Article 22

Settlement of differences

Any differences in the interpretation or application of the present Agreement will be settled by means of direct negotiations between the competent authorities of the Contracting Parties.

Article 23

Entry into force and validity

1. The present Agreement shall enter into force on the thirtieth (30) day after the receipt of the later notification, through diplomatic channels, stating that all necessary constitutional procedures have been fulfilled.

2. The present Agreement shall be in force for an indefinite period of time, but either of the Contracting Parties may denounce it by submitting a written notification to the other Contracting Party through diplomatic channels. The denunciation of the present Agreement shall take effect six (6) months after the date of the receipt of such notification by the other Contracting Party.

Article 24

Amendments

Any amendment to the present Agreement shall be agreed upon in writing between the Contracting Parties and shall enter into force following the same procedure as described in Article 23 of the present Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed the present Agreement.

DONE in Nicosia, this 15th day of December of the year 2000, in duplicate, each in the Latvian, Greek and English languages, each text being equally authentic. In case of any divergency in the interpretation of the present Agreement, the English text shall prevail.