ARTICLE XI 1. The Government of the United States will impose appropriate penalties, in accordance with the laws of the United States, on vessels of the Polish People's Republic or their owners, operators, or crews that violate the requirements of this Agreement or of any permit issued hereunder. 2. Arrested vessels and their crews shall be promptly released, subject to such reasonable bond or other security as may be determined by the court. 3. In any case arising out of fishing activities under this Agreement, the penalty for violation of fishery regulations shall not include imprisonment except in the case of enforcement related offenses such as assault on an enforcement officer or refusal to permit boarding and inspection. 4. In cases of seizure and arrest of a vessel of the Polish People's Republic by the authorities of the Government of the United States, notification shall be given promptly through diplomatic channels informing the Government of the Polish People's Republic of the action taken and of any penalties subsequently imposed. 1. ARTICLE XII The Governments of the United States and the Polish People's Republic shall cooperate in the conduct of scientific research required for the purpose of managing and conserving living resources over which the United States has sovereign rights to explore, exploit, conserve and manage, including the compilation of the best available scientific information for management and conservation of stocks of mutual interest. 2. The competent agencies of the two Governments shall cooperate in the development of a periodic research plan on stocks of mutual concern through correspondence or meetings as appropriate, and may modify it from time to time by agreement. The agreed research plans may include, but are not limited to, the exchange of information and scientists, regularly scheduled meetings between scientists to prepare research plans and review progress, and jointly conducted research projects. 3. The conduct of agreed research during regular commercial fishing operations on board a fishing vessel of the Polish People's Republic in the United States exclusive economic zone shall not be deemed to change the character of the vessel's activities from fishing to scientific research. Therefore, it will still be necessary to obtain a permit for the vessel in accordance with Article VII. 4. The Government of the Polish People's Republic shall cooperate with the Government of the United States in the implementation of procedures for collecting and reporting biostatistical information and fisheries data, including catch and effort statistics, in accordance with procedures which will be stipulated by the United States. ARTICLE XIII The Government of the United States and the Government of the Polish People's Republic shall carry out periodic bilateral consultations regarding the implementation of this Agreement and the development of further cooperation in the field of fisheries of mutual concern, including cooperation within the framework of appropriate multilateral organizations for the collection and analysis of scientific data respecting such fisheries. ARTICLE XIV The Government of the United States of America undertakes to authorize fisheries research vessels and fishing vessels of the Polish People's Republic allowed to fish pursuant to this Agreement to enter designated ports in accordance with United States laws and regulations referred to in Annex II, which constitutes an integral part of this Agreement. ARTICLE XV Should the Government of the United States indicate to the Government of the Polish People's Republic that nationals and vessels of the United States wish to engage in fishing in the fishery conservation zone of the Polish People's Republic, or its equivalent, the Government of the Polish People's Republic will allow such fishing on the basis of reciprocity and on terms not more restrictive than those established in accordance with this Agreement. ARTICLE XVI In order to facilitate the prompt and adequate compensation of the citizens of one country for any loss of, or damage to, their fishing vessels, fishing gear or catch which is caused by any fishing vessel of the other country, both Governments agree to the establishment of the American-Polish Fisheries Board set forth in Annex III to this Agreement, which constitutes an integral part hereof. ARTICLE XVII Nothing contained in the present Agreement shall prejudice the views of either Government with respect to the existing territorial or other jurisdiction of the coastal State for all purposes other than the conservation and management of fisheries. 1. ARTICLE XVIII This Agreement shall enter into force on a date to be agreed upon by exchange of notes, following the completion of internal procedures of both Governments, and remain in force until July 1, 1991, unless extended by exchange of notes between the Parties. Notwithstanding the foregoing, either Party may terminate this Agreement after giving written notice of such termination to the other Party twelve months in advance. 2. At the request of either Party, this Agreement shall be subject to review by the two Governments two years after its entry into force. IN WITNESS WHEREOF, the undersigned, being duly authorized for this purpose, have signed this Agreement. The following procedures shall govern the application for and issuance of annual permits authorizing vessels of the Polish People's Republic to engage in fishing for living resources over which the United States has sovereign rights to explore, exploit, conserve and manage: 1. The Government of the Polish People's Republic may submit an application to the competent authorities of the United States for each fishing vessel of the Polish People's Republic that wishes to engage in fishing pursuant to this Agreement. Such application shall be made on forms provided by the Government of the United States for that purpose. a. b. C. d. e. f. the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner and operator thereof; the tonnage, capacity, speed, processing equipment, type and quantity of fishing gear, and such other information relating to the fishing characteristics of the vessel as may be requested; a specification of each fishery in which each vessel wishes to fish; the amount of fish or tonnage of catch by species contemplated for each vessel during the time such permit is in force; the ocean area in which, and the season of period during which, such fishing would be conducted; and such other relevant information as may be requested, including desired transshipping areas. 3. The Government of the United States shall review each application, shall determine what terms and conditions may be needed, and what fee will be required, and shall inform the Government of the Polish People's Republic of such determinations. The Government of the United States reserves the right not to approve applications. 4. The Government of the Polish People's Republic shall thereupon notify the Government of the United States of its acceptance or rejection of such terms and conditions and, in the case of a rejection, of its objections thereto. 5. Upon acceptance of the terms and conditions by the Government of the Polish People's Republic and the payment of any fees, the Government of the United States shall approve the application and issue a permit for each Polish fishing vessel, which fishing vessel shall thereupon be authorized to fish in accordance with this Agreement and the terms and conditions set forth in the permit. Such permits shall be issued for a specific vessel and shall not be transferred. 6. In the event the Government of the Polish People's Republic notifies the Government of the United States of its objections to specific terms and conditions, the two sides may consult with respect thereto and the Government of the Polish People's Republic may thereupon submit a revised application. 7. The procedures in this Annex may be amended by agreement through an exchange of notes between the two Governments. ANNEX II Procedures Relating to United States Port Calls Article XIV of the Agreement provides for the entry of certain vessels of the Polish People's Republic into designated ports of the United States in accordance with United States law for certain purposes. This Annex designates the ports and purposes authorized and describes procedures which govern such port entries. 1. The following types of vessels may enter the ports specified following a notice received at least four days in advance of the entry: Fisheries research vessels, fishing vessels participating in joint ventures involving over-the-side purchases of fish from U.S. fishing vessels, and other fishing vessels (including support vessels) of the Polish People's Republic which have been issued permits pursuant to the Agreement are authorized to enter the ports of New York, New York; Baltimore, Maryland; Camden, New Jersey; Philadelphia, Pennsylvania; Boston, Massachusetts; San Francisco, California; Coos Bay, Oregon; Astoria, Oregon; Seward, Alaska and Dutch Harbor, Alaska. 2. Vessels referred to in paragraph 1 above may enter the ports referred to for a period not exceeding seven calendar days for the purposes of scientific planning and discussion, to exchange scientific data, equipment, and personnel, and to replenish ships' stores or fresh water, obtain bunkers, provide rest for or to make changes in the vessels' personnel, obtain repairs, or obtain other services normally provided in such ports, and, as necessary, to receive permits; provided, however, that in exceptional cases involving force majeure vessels may remain in port for longer periods required to effect repairs necessary for seaworthiness and operational reliability without which the voyage could not be continued. All such entries into port shall be in accordance with applicable rules and regulations of the United States and of state and local authorities in the areas wherein they have jurisdiction. 3. The notice referred to in paragraph 1 shall be made by an agent for the vessel to the United States Coast Guard (GWPE) in accordance with standard procedures using telex (892427), teletype communication "TWX" (710-822-1959), or Western Union. With respect to vessels desiring to enter U.S. ports under this Agreement, the United States reserves the right to require such vessels to submit to inspection by authorized personnel of the United States Coast Guard or other appropriate Federal agencies. 4. The Government of the United States of America at the consular sections of its diplomatic missions will accept crew lists in application for visas to be issued in accordance with existing visa regulations and reciprocity agreements. Such a crew list shall be submitted prior to the entry of a vessel into a port of the United States in accordance with existing visa regulations and reciprocity agreements. 5. In cases where a seaman of the Polish People's Republic is evacuated from his vessel to the United States for the purpose of emergency medical treatment, authorities of the Polish People's Republic shall ensure that the seaman departs from the United States within 14 days after his release from the hospital. During the period that the seaman is in the United States, representatives of the Polish People's Republic will be responsible for him. 6. The exchange of crews of vessels of the Polish People's Republic in the specified ports shall be permitted subject to submission of the consular section of U.S. diplomatic missions of applications for individual transit visas and crewman visas for replacement crewmen. Applications shall be submitted in advance of the date of the arrival of the crewmen in the United States in accordance with existing visa regulations and reciprocity agreements, and shall indicate the names, dates and places of birth, the purpose of the visit, the vessel to which assigned, and the modes and dates of arrival of all replacement crewmen. Individual passports or seamen's documents shall accompany each application. Subject to United States laws and regulations, the United States mission will affix transit and crewmen visas to each passport or seaman's document before it is returned. In addition to the requirements above, the name of the vessel and date of its expected arrival, a list of names, dates and places of birth for those crewmen who shall be admitted to the United States under the responsibility of the Polish People's Republic representatives for repatriation to the Polish People's Republic and the dates and manner of their departure from the United States shall be submitted to the appropriate United States government agencies in accordance with existing visa regulations and reciprocity agreements. 7. In addition, special provisions shall be made as necessary regarding the entry into other ports of the United States of fisheries research vessels of the Polish People's Republic which are engaged in a mutually agreed research program in accordance with the terms of Article XII of the Agreement. Requests for such entry of fisheries research vessels should be forwarded to the United States Department of State, Washington, D.C. through diplomatic channels. 8. The provisions of Annex II may be amended by agreement through an exchange of notes between the two Governments. ANNEX III American-Polish Fisheries Board Section I Establishment of the Board 1. There is hereby established an American-Polish Fisheries Board (hereinafter called the Board). 2. The Board shall consist of four members, two appointed by the Government of the United States of America and two appointed by the Government of the Polish People's Republic. At least one of the two members appointed by each Government shall have knowledge of the general principles of international law, particularly those relating to fisheries matters. Each Government-appointed member shall serve as an instructed representative of the appointing Government. It is the responsibility of each Government to maintain its full complement of members. 3. 4. Each Government may appoint one non-voting technical advisor to the Board for each matter heard. All decisions of the Board shall be undertaken unanimously by those members present and voting, so long as at least one member appointed by each Government is present. 5. The Board shall normally sit in Washington D.C. Insofar as is necessary considering the location of the parties and the availability of evidence, the Board may sit elsewhere. 6. English and Polish shall be the official working languages of the Board. The Governments shall assist the Board in arranging for necessary translations and interpretations. 7. As used in this Annex, the term "national" refers to any vessel or person, natural or juridical, including but not limited to a governmental entity. 1. Section II The Board shall consider claims advanced by a national of either State against a national of the other State regarding financial loss resulting from damage to or loss of the national's fishing vessel or fishing gear. 2. No claim may be brought more than one year after the occurrence of the relevant incident, unless the Board decides unanimously to make an exception for a specific incident occurring during the six weeks prior to the entry into force of the Agreement. 1. 2. Section III The Board shall establish its procedures in accordance with this Annex. A claim, as referred to in Section II above, shall be brought before the Board by a written request. The request shall be in the form of a sworn statement which shall include, inter alia, a detailed account of the incident from which the claim arises, the identity of all persons and vessels involved, the remedy sought (damages claimed), and a list of potential witnesses knowledgeable about the incident. All appropriate documentary evidence supporting the claim shall be forwarded with the claim to the Board. 3. Upon receipt of a claim, the Board shall, as soon as practicable, commence an inquiry into the incident, and inform both Governments. Each Government shall immediately notify any of its nationals against whom a claim is made. Its nationals may in turn file with the Board a sworn statement responding to the claim. The response may contain a counterclaim insofar as the counterclaim arises from the same incident upon which the claim is based. A counterclaim shall be in the same form and contain the same information as a claim. The Board may join claims that arise from the same incident, without prejudice to the right of each party to present evidence with or without counsel. 4. The Board may request further information and documents from the parties to the dispute or from appropriate Governmental agencies. All statements, reports, or other documents presented to the Board shall be duly sworn and attested as to their authenticity, insofar as reasonably possible. Official Government reports and documents need not be so authenticated. 5. If either the claimant or the respondent requests a hearing, or if the Board deems it desirable to hold a hearing, the Board shall convene a hearing regarding the incident. The claimant and respondent may appear at the hearing, personally or through a representative, with or without counsel, and may present witnesses. The Board may invite as a witness any person, organization, corporation or other entity which has a direct interest in or knowledge |