International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, often referred to as FUND92 or FUND, is an international maritime treaty. The original FUND convention in 1969 was drawn up as an enhancement to CLC meant on one hand to relieve shipowners from unfair liabilities due to unforeseeable circumstances and on the other hand remove liability caps that some member states thought were too low. The fund is obliged to pay victims of pollution when damages exceed the shipowner's liability, when there is no liable shipowner, or when the shipowner is unable to pay its liability. The fund is also required to "indemnify the shipowner or his insurer" in spills where a ship is in full compliance with international conventions, and no wilful misconduct caused the spill.
The 1992 convention came into force on 30 May 2006. As of May 2013, the convention had been ratified by 111 states representing 91.2 per cent of the gross tonnage of the world's merchant fleet. The Bolivia, North Korea, Honduras, Lebanon, and, Mongolia flags of convenience have not ratified the treaty.
- "International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971". International Maritime Organization. Retrieved 2010-07-02.[dead link]
- MARISEC (2009). Shipping Industry Flag State Performance Table (PDF). London: Maritime International Secretariat Services. pp. 1–2. Retrieved 2010-06-12.