海员国籍证书公约
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第108号公约 [Date of coming into force： 19 February 1961.] The General Conference of the International Labour Organization， Having been convened at Geneva by the Governing Body of theInternational Labour Office， and having met in its Forty-first Session on29 April 1958， and Having decided upon the adoption of certain proposals with regard tothe reciprocal or international recognition of seafarers' nationalidentity cards， which is the seventh item on the agenda of the session，and Having decided that these proposals shall take the form of aninternational Convention， adopts this thirteenth day of May of the yearone thousand nine hundred and fifty-eight the following Convention， whichmay be cited as the Seafarers' Identity Documents Convention， 1958： Article 1 1. This Convention applies to every seafarer who is engaged in anycapacity on board a vessel， other than a ship of war， registered in aterritory for which the Convention is in force and ordinarily engaged inmaritime navigation. 2. In the event of any doubt whether any categories of persons are tobe regarded as seafarers for the purpose of this Convention， the questionshall be determined by the competent authority in each country afterconsultation with the shipowners' and seafarers' organizations concerned. Article 2 1. Each Member for which this Convention is in force shall issue toeach of its nationals who is a seafarer on application by him a seafarer'sidentity document conforming with the provisions of Article 4 of thisConvention： Provided that， if it is impracticable to issue such a documentto special classes of its seafarers， the Member may issue instead apassport indicating that the holder is a seafarer and such passport shallhave the same effect as a seafarer's identity document for the purpose ofthis Convention. 2. Each Member for which this Convention is in force may issue aseafarer's identity document to any other seafarer either serving on boarda vessel registered in its territory or registered at an employment officewithin its territory who applies for such a document.Article 3 The seafarer's identity document shall remain in the seafarer'spossession at all times. Article 4 1. The seafarer's identity document shall be designed in a simplemanner， be made of durable material， and be so fashioned that anyalterations are easily detectable. 2. The seafarer's identity document shall contain the name and titleof the issuing authority， the date and place of issue， and a statementthat the document is a seafarer's identity document for the purpose ofthis Convention. 3. The seafarer's identity document shall include the followingparticulars concerning the bearer： （a） full name （first and last names where applicable）； （b） date and place of birth； （c） nationality； （d） physical characteristics； （e） photograph； and （f） signature or， if bearer is unable to sign， a thumbprint. 4. If a Member issues a seafarer's identity document to a foreignseafarer it shall not be necessary to include any statement as to hisnationality， nor shall any such statement be conclusive proof of hisnationality. 5. Any limit to the period of validity of a seafarer's identitydocument shall be clearly indicated therein. 6. Subject to the provisions of the preceding paragraphs the preciseform and content of the seafarer's identity document shall be decided bythe Member issuing it， after consultation with the shipowners' andseafarers' organizations concerned. 7. National laws or regulations may prescribe further particulars tobe included in the seafarer's identity document. Article 5 1. Any seafarer who holds a valid seafarer's identity document issuedby the competent authority of a territory for which this Convention is inforce shall be readmitted to that territory. 2. The seafarer shall be so readmitted during a period of at least oneyear after any date of expiry indicated in the said document. Article 6 1. Each Member shall permit the entry into a territory for which thisConvention is in force of a seafarer holding a valid seafarer's identitydocument， when entry is requested for temporary shore leave while the shipis in port. 2. If the seafarer's identity document contains space for appropriateentries， each Member shall also permit the entry into a territory forwhich this Convention is in force of a seafarer holding a valid seafarer'sidentity document when entry is requested for the purpose of—— （a） joining his ship or transferring to another ship； （b） passing in transit to join his ship in another country or forrepatriation； or （c） any other purpose approved by the authorities of the Memberconcerned. 3. Any Member may， before permitting entry into its territory for oneof the purposes specified in the preceding paragraph， require satisfactoryevidence， including documentary evidence， from the seafarer， the owner oragent concerned， or from the appropriate consul， of a seafarer's intentionand of his ability to carry out that intention. The Member may also limitthe seafarer's stay to a period considered reasonable for the purpose inquestion. 4. Nothing in this Article shall be construed as restricting the rightof a Member to prevent any particular individual from entering orremaining in its territory. Article 7 The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration. Article 8 1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General. 2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General. 3. Thereafter， this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered. Article 9 1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force， by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not，within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph， exercise the right of denunciationprovided for in this Article， will be bound for another period of tenyears and， thereafter， may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article. Article 10 1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization. 2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him， the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force. Article 11 The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles. Article 12 At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part. Article 13 1. should the Conference adopt a new Convention revising thisConvention in whole or in part， then， unless the new Convention otherwiseprovides， （a） the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention，notwithstanding the provisions of Article 9 above， if and when the newrevising Convention shall have come into force； （b） as from the date when the new revising Convention comes intoforce， this Convention shall cease to be open to ratification by theMembers. 2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention. Article 14 The English and French versions of the text of this Convention areequally authoritative |
