2. The Committee shall consist of a representative and an alternate designated by each Party. 3. The Committee shall meet, unless otherwise agreed, at least once a year, alternately in the territory of each country. 4. 5. The Committee shall review all matters pertaining to the implementation of this Agreement. Recommendations of the Committee shall be set forth in the minutes of its meetings. ARTICLE XV For the purpose of facilitating the implementation of this Agreement, each Party shall designate a fisheries attache and appropriate staff within the respective embassies in Washington and Moscow. ARTICLE XVI Nothing contained in the present Agreement shall be deemed to prejudice: a) the positions or views of either Party with respect to the existing territorial or other jurisdiction of the coastal state for all purposes other than the conservation and management of fisheries; b) the rights or obligations of either Party under international law, including but not limited to, treaties and other international agreements to which they are a party; or c) any arrangements between the Parties concerning fisheries enforcement in the Bering Sea or the position of either Party in the ongoing discussions concerning the extent of their respective maritime jurisdictions. ARTICLE XVII 1. This Agreement shall enter into force on the date of the exchange of notes notifying the completion of internal procedures of both Parties, and remain in force for five years, unless extended by an 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. Upon its entry into force, this Agreement shall supersede the Agreement Between the Government of the United States and the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States of November 26, 1976, as Amended, and the Agreement Between the Government of the United States and the Government of the Union of Soviet Socialist Republics Concerning Fisheries off the Coasts of the Union of Soviet Socialist Republics of February 21, 1988. DONE at Moscow, in duplicate, the thirty-first day of May, 1988, in the English and Russian languages, each text being equally authentic. FOR THE GOVERNMENT OF THE George P. Shultz FOR THE GOVERNMENT OF THE Nikolay Isaakovich Kotlyar ANNEX I APPLICATION AND PERMIT PROCEDURES The following procedures shall govern the application for and issuance of annual permits authorizing vessels of one Party to engage in fishing for living resources over which the other Party exercises fishery management authority. 1. The competent authorities of one Party may submit an application to the competent authorities of the other Party for each fishing vessel of the Party that wishes to engage in fishing pursuant to this Agreement. Such application shall be made on forms provided by the Party in whose zone the above fishing would occur. 2. The competent authorities of the Party in whose zone the fishing would occur shall review each application, shall determine whether to issue a permit, what conditions and restrictions related to fishery management and conservation may be needed, and what fee will be required. The competent authorities of the Party in whose zone the fishing would occur shall inform the competent authorities of the other Party of such determinations. 3. The competent authorities of the Party that has submitted the application shall thereupon notify the competent authorities of the other Party of their acceptance or rejection of such conditions and restrictions and, in the case of a rejection, of their objections thereto. 4. Upon acceptance of the conditions and restrictions by the competent authorities of the Party that has submitted the application and the payment of all fees, the competent authorities of the other Party shall approve the application and issue a permit for each fishing vessel of the Party that has submitted the application, which 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. 5. In the event the competent authorities of the Party that has submitted the application notify the competent authorities of the other Party of their objections to a decision not to issue a permit, or to specific conditions and restrictions, the two Parties may consult with respect thereto and the competent authorities of the Party that has submitted the application may thereupon submit a revised application. 6. The provisions of this Annex may be amended by agreement through an exchange of notes between the two Parties. ANNEX II PROCEDURES RELATING TO PORT CALLS 1. Fishing vessels which have been issued permits pursuant to this Agreement are authorized to enter the ports of Boston, Portland (Oregon), Astoria and Dutch Harbor in the United States of America and Murmansk, Korf, Oktyabrski, and Provideniya in the Union of Soviet Socialist Republics, respectively, on the basis of reciprocity. 2. Fishing vessels of the Parties may enter the ports specified above to purchase bait, replenish ship's stores of fresh water, obtain bunkers, provide rest for or make changes in their crews, to obtain repairs and other services normally provided in these ports, and, as necessary, to receive permits. Authorized vessels enroute to one of the designated ports to receive a permit will be treated as non-fishing vessels, so long as such vessels observe the provisions of the Agreement. All such entries are subject to the applicable laws and regulations of the Parties. 3. Entry for Soviet fishing vessels to U.S. ports designated above shall be permitted subject to notice to the United States Coast Guard, forwarded so as to be received four days in advance of the port entry using Telex, teletype, or telegram. Information concerning communciation procedures may be obtained from the United States Embassy in Moscow. 4. Entry for American fishing vessels to Soviet ports designated above shall be permitted subject to notice to INFLOT, forwarded so as to be received four days in advance of the port entry using Telex, teletype, or telegram. Information concerning communciation procedures may be obtained from the Embassy of the Soviet Union in Washington, D.C. 5. A Party in whose zone fishing is permitted will, at its Embassy in the other Party's capital, accept a crew list in application for visas valid for a period of six months for multiple entry into the specified ports. Such a crew list shall be submitted at least fourteen days prior to the first entry of a vessel into a port of the Party in whose zone fishing is permitted. Submission of an amended (supplemental) crew list subsequent to departure of a vessel from a port of the Party whose vessels desire to make port calls pursuant to this Annex will also be subject to the provisions of this paragraph, provided that visas thereunder shall only be valid for six months from the date of issuance of the original crew list visa. Notification of entry shall specify if shoreleave is requested under such multiple entry visa. 6. In cases where a seaman of the Party whose vessels have been issued permits is evacuated from his vessel to the country whose Government issued such permits for the purpose of emergency medical treatment, authorities of the Party whose vessels have been issued the permits will ensure that the seaman departs from the country whose Government issued those permits within fourteen days after his release from the hospital. During the period that the seaman is in the country whose Government issued those permits, representatives of the Party whose vessels have been issued those permits will be responsible for expenses incurred in evacuation, treatment and repatriation. 7. The exchange of crews of vessels of one Party in the specified ports shall be permitted subject to submission to the Embassy of the other party, in Washington or Moscow respectively, of applications for individual transit visas and crewman visas for replacement crewmen. Applications shall be submitted fourteen days in advance of the date of the arrival of the crewmen at a port of the other Party 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 its national laws and regulations, the Embassy will affix transit and crewman visas to each passport or seaman's document before it is returned. In addition to the requirements above, the authorities of the other Party shall receive, fourteen days in advance of arrival, 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 a port of the other Party, and the dates and manner of their departure from the port of the other Party. 8. Special provisions shall be made as necessary regarding the entry of research vessels of the respective Parties which are engaged in a mutually agreed research program in accordance with Article IX of the Agreement. Requests for entries of such research vessels should be forwarded to the competent authorities of the relevant Party through diplomatic channels. 9. The provisions of the Annex may be amended by agreement through an exchange of notes between the two Parties. |