Maritime Agreement between the Government of the Republic of Latvia and the Government of the Republic of Turkey

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

Being desirous to enhance the relations between the Contracting Parties,

Recognizing the importance of mutual relations in maritime field,

Desiring to develop further these relations harmoniously, taking into account the freedom of maritime transport, and strengthening as much as possible international cooperation in this field,

In accordance with the principles of equality and mutual benefit,

Have agreed as follows:

Article 1

Aim

The aim of this Agreement is:

a. to regulate and develop the maritime relations;

b. to ensure the best merchant navigational coordination, to promote safety at sea;

c. to avoid the measures causing harm to the normal development of maritime transport;

d. to contribute in general to development of commercial and economical relations;

e. to promote cooperation in the field of ships' construction and repair.

Article 2

Definitions

For the purpose of the present Agreement:

1. The term “vessel of a Contracting Party” means all sea-going vessels exclusively used in commercial service, with the exception of warships, related auxiliary vessels and other public vessels designed and/or used for non-commercial purposes, fishing vessels and factory ships, which are registered in the ships register and flies the flag of a Contracting Party in compliance with its national legislation.

2. The term “crew member” means the ship's master and any person actually employed on board a vessel with regard to the working or service of the vessel, who is included in the crew list and who is a holder of one of the seamen's identity documents as mentioned in Article 6 of this Agreement.

3. The term “enterprise of a Contracting Party” means any enterprise, including shipping company, branch or agency of it, which is registered in the territory of a Contracting Party in accordance with its national legislation.

4. The term “competent authorities of a Contracting Party” means as regards the Republic of Latvia the Ministry of Transport or the institution authorized by it, as regards the Republic of Turkey — Prime Ministry, Undersecretariat for Maritime Affairs or the institution authorized by it.

Article 3

Scope

1. The present Agreement shall apply in compliance with international rules and national legislation: as regards the Republic of Latvia to the territory of the Republic of Latvia and as regards the Republic of Turkey to the territory of the Republic of Turkey.

2. The provisions of the present Agreement shall apply to the international maritime transport between the Republic of Latvia and the Republic of Turkey to or from third states.

3. However, the provisions of the present Agreement do not affect the requirements of national legislation regarding:

a. ports not open for foreign vessels;

b. cabotage and activities reserved by the legislation of by each of the Contracting Parties, in particular the provisions of port services, tugging, pilotage, salvage and maritime assistance, fishing operations carried out in the territorial sea of each Contracting Party, and inland navigation;

c. entry and stay of foreigners.

Article 4

Treatment to the vessels

1. Each Contracting Party in its ports opened for international trade and navigation shall grant the same treatment as accorded to its vessels to the vessels of the other Contracting Party in respect of the freedom of access to and the use of the ports, as well as to all facilities afforded to shipping and commercial operations for passengers, crew members, cargoes and vessels. In particular this refers to the allocation of berths at piers, loading and unloading facilities and port services, including pilotage and bunker facilities.

2. Each Contracting Party shall grant to the vessels of the other Contracting Party the non-discriminatory treatment in respect of customs formalities, the collecting of charges and port dues prescribed by port tariffs currently in force.

3. The Contracting Parties shall adopt, within the limits of their respective national legislation, all appropriate measures to facilitate and to expedite maritime traffic, to prevent unnecessary delays of vessels and expedite and simplify as much as possible the carrying out of customs and other formalities required in ports.

Article 5

Ships' documents

1. Each of the Contracting Parties shall recognize the nationality of vessels of the other Contracting Party established on the documents on board such vessels and issued by the competent authorities of the other Contracting Party in accordance with its national legislation.

2. The Contracting Parties shall, in accordance with the relevant international Conventions, mutually recognize the tonnage certificate and other documents of ship duly issued by the competent authorities of either Contracting Party or those recognized by one Contracting Party and met with no objection from the other Contracting Party without remeasuring the vessels concerned. All port charges and expenses shall be collected on the basis of these documents.

Article 6

Crew members' documents

1. The Contracting Parties shall recognize the seamen's identity documents, duly issued by the competent authorities of the other Contracting Party.

2. The seamen's identity documents refereed to in paragraph 1 of this Article are:

a. for crew members on vessels of the Republic of Latvia:

the “Seaman's Discharge Book” (“Jûrnieka grâmatiòa”);

b. for crew members on vessels of the Republic of Turkey:

the “Seaman's Identity Card” (“Gemi Adami Cûzdani”).

Article 7

Crew members' right to stay

1. Ships when arriving and leaving the ports of the other Contracting Party shall obey the procedures required by customs, immigration and other public authorities.

2. During the stay of a vessel of one Contracting Party in a port of the other Contracting Party, crew members of the vessel may go ashore for temporary stay in the territory of the port state without visas provided that the ship's master has submitted the crew list to the relevant authorities in accordance with national legislation of the port state and the authorities have granted to the crew members the permission of stay. Both when going ashore and when returning aboard the vessel, such persons shall comply with the regulatory control.

Article 8

Crew members' right to transit

1. Crew members have the right, regardless the mode of transport, to enter and leave the territory of the other Contracting Party or pass through that territory in order to join their vessel, after the off signing to return to their place of residence or to travel for any other purpose provided that they have received from the relevant authorities of this Contracting Party the permission. The relevant authorities shall issue such permission as soon as possible but not later than ten days.

2. If the holder of a seaman's identity document referred to in Article 6 of this Agreement does not possess the nationality of one of the Contracting Parties, the permission referred to in paragraph 1 of Article 7 and paragraph 1 this Article shall be issued provided that the right to return to the territory of the Contracting Party which has issued the seaman's identity document is granted to the holder of this document.

3. If a stay of a crew member in the territory of the other Contracting Party should be prolonged due to the accident, illness or any other matter recognized by the relevant authorities as lawful, the relevant authorities shall prolong such stay upon the submission of written evidence for the period of time thereby requested.

4. The Contracting Parties reserve the right to deny entry to their respective territories to any person possessing the above mentioned seaman's identity document whom they consider undesirable.

Article 9

Incidents at sea

1. Should a vessel of either Contracting Party be involved in maritime casualties or encounter any other danger in the territorial sea, internal waters or ports of the other Contracting Party, the latter shall give all possible assistance and attention to the passengers, crew members, cargo and vessel in danger and notify the relevant authorities of the Contracting Party on the incident without delay. All expenses shall be paid in accordance with national legislation of a Contracting Party where the incident occurs.

2. Where cargo on board of a vessel of either Contracting Party involved in a maritime casualty needs to be discharged and stored temporarily in the territory of the other Contracting Party before its return to the country of shipment or carriage to third countries, the said Contracting Party shall facilitate this operation, and such cargo shall be exempted from all customs duties, dues and taxes.

Article 10

Jurisdiction

1. The vessels and crew members of either Contracting Party shall observe the relevant legislation of the other Contracting Party during their stay in the latter's territorial sea, internal waters and ports. The relevant authorities of either Contracting Party shall not exercise jurisdiction over or intervene in the internal affairs of the vessels of the other Contracting Party except in the cases and to the extent expressly provided for in international rules and in treaties binding both Contracting Parties.

2. When a crew member of a vessel of either Contracting Party has committed a crime on board the vessel in the territorial sea of the other Contracting Party, the relevant authorities of that Contracting Party shall not prosecute him without the consent of the master of the vessel or of a diplomatic or consular officer of the flag state, unless:

a. the consequences of the crime extend to their territory;

b. the crime is of a kind to disturb the peace of their country or the good order of the territorial sea;

c. according to the law of their country, the crime is a serious offense;

d. the crime has been committed against a person who is not a crew member of that vessel;

e. the crime concerns illicit traffic in narcotic drugs or psychotropic substances.

3. The provisions of paragraph 2 of this Article do not affect the right of either Contracting Party to take any steps authorized by its national legislation for the purpose of arrest or investigation on board a foreign ship passing through the territorial sea after leaving the internal waters.

Article 11

Development of maritime transport and transfer of know-how

The Contracting Parties agree:

a. to promote the development of maritime transport in a spirit of consideration of their mutual interests and to remove any difficulties in this field;

b. to facilitate the transfer of technology and know-how as well as the establishment of joint ventures in the field of shipping;

c. that the enterprises of a Contracting Party have the freedom to offer an efficient total transport system (multimodal transport services) and engage in joint venture investments;

d. in respect of activities undertaken by enterprises of the Contracting Parties for the provision of international maritime transport services, including intermodal activities involving a sea leg, each Contracting Party permit to the enterprises of the other Contracting Party their commercial presence in its territory under conditions of establishment and operation no less favorable than those accorded to enterprises of any other third country.

Article 12

Payment of taxes

1. Income and profits from the operation in international traffic of owned or chartered vessels of an enterprise of a Contracting Party shall be taxable only in the territory of the Contracting Party.

2. The provisions of paragraph 1 shall also apply to income and profits from the participation in a pool, a joint business or an international operation enterprise.

3. Gains derived by an enterprise of a Contracting Party from the alienation of ships operated in international traffic by that enterprise or movable property pertaining to the operation of such ships shall be taxable only in the territory of the Contracting Party.

4. Capital represented by ships operated in international traffic by an enterprise of a Contracting Party and by movable property pertaining to the operation of such ships, shall be taxable only in the territory of the Contracting Party.

Article 13

Transfer of revenue

1. Contracting Parties shall grant to the enterprises of the other Contracting Party on mutual basis the right of free transfer in convertible currency of their investments and the returns from them to and from the country designated by the enterprises after meeting their obligations with the creditors.

2. The Contracting Parties shall grant possibility to make transfers mentioned in paragraph 1 of this Article regularly and currently. No charges other than bank charges shall be applicable to such transfers.

Article 14

Joint Committee

1. All questions regarding the implementation and interpretation of this Agreement shall be regulated:

a. on the part of Government of the Republic of Latvia:

by the Ministry of Transport of the Republic of Latvia;

b. on the part of Government of the Republic of Turkey:

by the Prime Ministry, Undersecretariat for Maritime Affairs.

2. For the purpose mentioned in paragraph 1 of this Article the Contracting Parties shall establish a Joint Committee.

3. The Joint Committee shall meet at the request of either Contracting Party not later than three months after the submission of that request to other Contracting Party and shall comprise representatives of the competent authorities of the Contracting Parties which can invite representatives of the maritime industry to attend any of its meetings. The place of the meeting and the procedure of the Joint Committee shall be established by the agreement of the competent authorities of the Contracting Parties.

4. The Joint Committee may organize work-groups to discuss separate issues submitted to the Joint Committee and to work out corresponding recommendations.

Article 15

International treaties

Nothing in the present Agreement shall affect the rights and obligations of the Contracting Parties which arise from the other international treaties concluded by the Contracting Parties.

Article 16

Settlement of disputes

Disagreements and disputes arising from the implementation or interpretation of the present Agreement shall be settled by the Joint Committee. In the case when the Joint Committee can not reach agreement acceptable for both sides, the disputable issue shall be settled by diplomatic channels.

Article 17

Entry into force of the Agreement

1. The present Agreement shall be ratified or accepted otherwise in accordance with national procedures of either Contracting Party.

2. The present Agreement shall enter into force after the Contracting Parties have exchanged through the diplomatic channels the ratification documents unless accepted otherwise.

3. The Agreement may be amended by the mutual agreement of the Contracting Parties and amendments shall be regarded as an integral part of the present Agreement.

Article 18

Denunciation of the Agreement

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

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

The present Agreement is made in duplicate, each in the Latvian, Turkish and English languages, all three texts being equally authentic. In the case of any disagreement of interpretation, the English text shall prevail.

DONE at Riga on 4 th day of June in the year 1997

For the Government of the Republic of Latvia:

For the Government of the Republic of Turkey: