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Protocol amending the Agreement between the Government of Canada and the Government of the People's Republic of China on Maritime Transport [2009] CATSer 17 (4 December 2009)

E105183

PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON MARITIME TRANSPORT

THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA (hereinafter referred to as the “Contracting Parties”),

DESIRING to facilitate the implementation of the Agreement between the Government of Canada and the Government of the People's Republic of China on Maritime Transport, done at Vancouver on 4 April 1997 (hereinafter referred to as the “Agreement”); and

WISHING to further deepen maritime cooperation and expand maritime ties between the Contracting Parties;

HAVE concluded the present Protocol as follows:

ARTICLE 1

Article 8 of the Agreement shall be replaced by the following:

“Taxes

1. Provisions regarding the taxation of residents of either Canada or the People's Republic of China are made in the Agreement between the Government of Canada and the Government of the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, done at Beijing on 12 May 1986 (in this Article referred to as the “Taxation Agreement”). Nothing in this Agreement shall affect those provisions.

2. In the event that the Taxation Agreement referred to in paragraph 1 above, or any similar agreement entered into between the Contracting Parties in substitution of the Taxation Agreement, is terminated or ceases to apply to international maritime transport covered by this Agreement, either Contracting Party may request consultations pursuant to Article 19 for the purpose of amending this Agreement to incorporate mutually acceptable provisions.

3. In addition, companies of each Contracting Party shall be exempt by the other Contracting Party from income tax and any other kind of tax that is computed on the basis of revenues derived from international maritime transport.”

ARTICLE 2

Article 9 of the Agreement shall be replaced by the following:

“Settlement and Transfer of Funds

In accordance with the applicable laws and regulations of the other Contracting Party, income of companies of one Contracting Party derived from international maritime transportation in the territory of the other Contracting Party shall be settled in freely convertible currencies. Such income may be used for the payment of charges incurred in the territory of the other Contracting Party or freely converted and remitted on demand, at the market rate of exchange on the date of remittance.”

ARTICLE 3

Paragraph 2 of Article 11 of the Agreement shall be replaced by the following:

“Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligations concerning the suppression of terrorism, piracy and other illegal activities form an integral part of this Agreement.”

ARTICLE 4

Article 12 of the Agreement shall be replaced by the following:

“Dangerous Goods

1. The Contracting Parties shall require their vessels carrying dangerous, hazardous or noxious substances to comply with all relevant provisions of international conventions to which the Contracting Parties are party, and of the national laws and regulations of the Contracting Parties on precautionary measures required to prevent, diminish or control pollution of the environment of both Contracting Parties.

2. In the event of an incident involving a vessel of one Contracting Party carrying dangerous goods or hazardous or noxious substances while operating within the jurisdiction of the other Contracting Party, the master of the vessel or other person having charge of the vessel shall be required by the Contracting Parties to report the particulars without delay to the authorities of the affected Contracting Party and take immediate action to mitigate any environmental damage.”

ARTICLE 5

Sub-Paragraphs 1(a) and (b) of Article 13 shall be replaced by the following:

“(a) in the case of Canada, the Seafarer's Identity Document or a valid passport issued by Canada; and

(b) in the case of the People's Republic of China, the Seafarer's Passport of the People's Republic of China or a valid passport issued by the People's Republic of China.”

ARTICLE 6

The Agreement shall be amended by the addition of the following new Article 18bis:

“Cooperation

The Contracting Parties shall, for the purposes of promoting the objectives of this Agreement, meet at periodic intervals to facilitate discussion and encourage their competent maritime authorities and industries and maritime service providers to cooperate in, including, but not limited to, the following fields:

(a) maritime policy and legislation;

(b) maritime activities in the framework of international organizations;

(c) efficient transport services between the Contracting Parties;

(d) shipping safety and prevention of marine pollution;

(e) development of maritime skills;

(f) maritime technology and research related to inland maritime transport and short sea shipping;

(g) maritime security; and

(h) maritime activities related to gateway cooperation.”

ARTICLE 7

Entry into force

The Contracting Parties shall notify each other in writing on the completion of the internal legal procedures necessary for the entry into force of this Protocol. This Protocol shall enter into force on the date of receipt of the last written notification by one Contracting Party, which shall confirm in writing the date of receipt of such notification to the other Contracting Party.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed the present Protocol.

DONE in duplicate at Ottawa, on this 6^th day of May 2009, in the English, Chinese and French languages, each version being equally authentic.

Louis Ranger

FOR THE GOVERNMENT OF CANADA

Xu Zuyuan

FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA