Common use of Responding to Requests Clause in Contracts

Responding to Requests. a. If the nationality is not verified, the requested State may refute the claim of the suspect ship to its nationality. b. If the nationality is verified, the requested Party may, if satisfied that it is a suspect ship: i. decide to conduct the boarding and search with its own Security Force Officials; ii. authorize the boarding and search by the Security Force Officials of the requesting Party; iii. decide to conduct the boarding and search together with the requesting Party; or iv. deny permission to board and search. c. The requested Party shall answer through its Competent Authority, orally and confirmed in writing by e-mail or facsimile, requests made for the verification of nationality and authority to board within two hours of its acknowledgment of the receipt of such requests. d. In any case, the requested Party may request additional information or request additional time in which to respond. (1) If there is no response from the Competent Authority of the Requested Party within 2 hours of its acknowledgement of the request, the Requesting Party shall contact the Requested Party to verify the reasons for the Requested Party’s non-reply. (2) If no contact can be established with the Competent Authority of the Requested Party, the Competent Authority of the Requesting Party may nevertheless proceed to board the suspect vessel for the purpose of inspecting the vessel’s documents in order to verify the said vessel’s nationality. (3) If the Competent Authority of the Requesting Party is satisfied that the ship has the nationality of the Requested Party, the Requesting Party will be deemed to have been authorized by the Requested Party to question persons on board and to search the vessel to determine if it is so engaged in proliferation by sea.

Responding to Requests. a. If the nationality is not verified, verified and the requested State may refute Party is satisfied with the claim of basis for suspicion that the vessel is a suspect ship to its nationality. b. If vessel, and that the nationality information provided by the requesting Party is verifiedsufficiently reliable, the requested Party may, if satisfied that it is a suspect ship: i. decide to conduct the boarding and search with its own Security Force Officials; ii. authorize the boarding and search by the Security Force Officials of the requesting Party, subject to conditions if deemed appropriate; iii. decide to conduct the boarding and search together with the requesting Party; or iv. nevertheless, deny permission to board and search. c. b. The requested Party shall answer through its Competent Authority, orally and confirmed in writing by e-mail or facsimile, Authority requests made for the verification of nationality and authority authorization to board within two hours of its acknowledgment of the receipt of such requests. d. In any case, the requested Party may request additional information or request additional time in which to respond. (1) If there is no response from the Competent Authority of the Requested Party within 2 four hours of its acknowledgement of the requestreceipt of such requests unless the requested Party requests additional time to answer. c. If the nationality is not verified or verifiable within the four hours, the Requesting requested Party shall contact shall, through its Competent Authority: i. nevertheless stipulate that it does not object to the Requested Party boarding and search by the Security Force Officials of the requesting Party; or ii. refute the claim of the suspect vessel to verify the reasons for the Requested Party’s non-replyits nationality. (2) If no contact can be established d. Either Party, consistent with the other provisions of this Agreement, may subject its authorization under this paragraph to conditions, including obtaining additional information from the requesting Party, and conditions relating to responsibility for and the extent of measures to be taken. Information to be provided in response to such a request shall be exchanged in a timely manner by the Competent Authority Authorities; however, the requesting Party may notify the requested Party if it is providing additional information through established information sharing channels. e. Notification to the Master. Prior to the boarding being conducted, the flag State may, in coordination with requesting Party, transmit to the Master of the Requested Party, suspect vessel notice that it has authorized the Competent Authority of the Requesting requesting Party may nevertheless proceed to board the suspect vessel for the purpose of inspecting the vessel’s documents in order to verify the said vessel’s nationality. (3) If the Competent Authority of the Requesting Party is satisfied that the ship has the nationality of the Requested Party, the Requesting Party will be deemed to have been authorized by the Requested Party to question persons on board and to search the vessel to determine if it is so engaged in proliferation by sea.