Art. 146 - Compensation
Warranty :
- The Master shall hand the
following Warranty Documents to SCA. These documents are
to be kept by the Authority.
- In respect of substances of
Group 1 Radioactive the Master shall hand one of the two
following documents:
a) Either an insurance Policy issued by an approved
protection and insurance organization for a preliminary
amount of twenty Million U.S. Dollars with a guarantee
certificate issued by a recognized Atomic Energy
Organization. The SCA is entitled to request the increase
of the insurance in any case when the circumstances of
any load require such an increase pursuant to a technical
study by the experts of A.E.E. or.
b) A full engagement (guarantee) with unlimited
compensation amount from the recognized exporting Atomic
Energy Authority, accompanied by a guarantee certificate
issued by its government, covering the compensation. The
guarantee must also fulfill all legal conditions
according to the laws of the guaranteeing country and
bind is government.
- In respect of substances of
Group 2 Radioactive the Master shall hand a certificate
issued by an official recognized Authority in charge of
the protection and compensation of shipowners against
damage, and approved by SCA, this certificate must
indemnify against any compensation for all kind of damage
due to the passage of the vessel.
- The following provisions must
also be enforced:
a) The compensation guarantee document of whatever kind
(documents - insurance - guarantee - engagements) must
explicitly provide that the victims shall receive
compensation for all direct and indirect damage resulting
from the radioactivity of the load for the time during
which the vessel stays in the SC or its lakes, including
the two entrances and their vicinity and also the port of
Suez and its entrance and their vicinity.
b) This document shall remain good as long as there exist
a possibility that damage may occur as a result of the
transit of the shipment, according to what SC will decide
in this respect.
c) Payment of compensation in all cases mentioned in
paragraphs above shall be based on the mere occurrence of
a damage resulting from the load whether present or
future and it is sufficient that damage occurs to
generate the right for compensation without need for
indicating the causes.
d) In case of any accident resulting from the transit of
an atomic shipment or radioactive substances of any kind,
courts of the A.R.E. are solely and exclusively competent
to decide thereof in claims of damage compensation and in
all that may be connected with the accident or its direct
or indirect consequences. The sentence shall be executory
in any country and the insurance mentioned in these
regulations shall be a guarantee for the execution of the
sentence rendered by A.R.E. courts, without any other
formalities.
e) Ship owners and/or operators whose vessels carry
radioactive substances transiting the Canal must
undertake, in the country of registration of these
vessels, all measures ensuring that the government of
such country shall respect the above prescriptions.