Article 146
COMPENSATION WARRANTY
(1) The Master shall hand the following
WARRANTY DOCUMENTS to Suez Canal Authority. These documents are to be kept by the
Authority.
(2) In respect of substances of Group 1 Radioactive the Master shall hand one of the two
following documents:
(a) Either an insurance Policy issued by an approved protection and insurance organization
for a preliminary amount of twenty Million U.S.Dollars with a guarantee certificate issued
by a recognized Atomic Energy Organization. The Suez Canal Authority is entitled to
request the increase of the insurance in any case when the circumstances of
any load require such an increase pursuant to a technical study by the experts of Atomic
Energy Establishment or.
(b) A full engagement (guarantee) with unlimited compensation amount from the recognized
exporting Atomic Energy Authority, accompanied by a guarantee certificate issued by its
government, covering the compensation. The guarantee must also fulfil all legal conditions
according to the laws of the guaranteeing country and bind is government.
(3) In respect of substances of Group 2 Radioactive the Master shall hand a certificate
issued by an official recognized Authority in charge of the protection and compensation of
ship owners against damage, and
approved by Suez Canal Authority, this certificate must indemnify against any compensation
for all kind of damage due to the passage of the vessel.
(4) The following provisions must also be enforced:
(a) The compensation guarantee document of whatever kind (documents - insurance -
guarantee - engagements) must explicitly provide that the victims shall receive
compensation for all direct and indirect damage resulting from the radioactive of the load
for the time during which the vessel stays in the Suez Canal or its lakes, including the
two entrances and their vicinity and also the port of Suez and its entrance and their
vicinity.
(b) This document shall remain good as long as there exist a possibility that damage may
occur as a result of the transit of the shipment, according to what Suez Canal will decide
in this respect.
(c) Payment of compensation in all cases mentioned in paragraphs above shall be based on
the mere occurrence of a damage resulting from the load whether present or future and it
is sufficient that damage occurs to generate the right for compensation without need for
indicating the causes.
(d) In Case of any accident resulting from the transit of an atomic shipment or
radioactive substances of any kind, courts of the Arab Republic of Egypt are solely and
exclusively competent to decide thereof in claims of damage compensation and in all that
may be connected with the accident or its direct or indirect consequences. The sentence
shall be executor in any country and the insurance mentioned in these regulations shall be
a guarantee for the execution of the sentence rendered by Arab Republic of Egypt courts,
without any other formalities.
(e) Ship owners and/or operators whose vessels carry radioactive substances transiting the
Canal must undertake, in the country of registration of these vessels, all measures
ensuring that the government of such country shall respect the above prescriptions.