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Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may
only be exercised by officials or by warships, military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government service and
authorized to that effect.
Article 225
Duty to avoid adverse consequences
in the exercise of the powers of enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation or
otherwise create any hazard to a vessel, or bring it to an unsafe port or
anchorage, or expose the marine environment to an unreasonable risk.
Article 226
Investigation of foreign vessels
1.
(a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216,
218 and 220. Any physical inspection of a foreign vessel shall
be limited to an examination of such certificates, records or
other documents as the vessel is required to carry by generally
accepted international rules and standards or of any similar
documents which it is carrying; further physical inspection of
the vessel may be undertaken only after such an examination
and only when:
(i) there are clear grounds for believing that the condition of
the vessel or its equipment does not correspond
substantially with the particulars of those documents;
(ii) the contents of such documents are not sufficient to
confirm or verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the
protection and preservation of the marine environment, release
shall be made promptly subject to reasonable procedures such
as bonding or other appropriate financial security.
(c) Without prejudice to applicable international rules and
standards relating to the seaworthiness of vessels, the release of
a vessel may, whenever it would present an unreasonable threat
of damage to the marine environment, be refused or made
conditional upon proceeding to the nearest appropriate repair
yard. Where release has been refused or made conditional, the
flag State of the vessel must be promptly notified, and may seek
release of the vessel in accordance with Part XV.
2. States shall cooperate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.
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