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[接上页] dispute concerning territorial sovereignty or any issues related to the law of the sea. 5. Nothing in this Agreement entitles a Contracting Party to undertake in the territory of another Contracting Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other Contracting Party by its national law. 6. In applying paragraph 1 of Article 1, each Contracting Party shall give due regard to the relevant provisions of the UNCLOS without prejudice to the rights of the third Parties. Article 3 General Obligations 1. Each Contracting Party shall, in accordance with its national laws and regulations and applicable rules of international law, make every effort to take effective measures in respect of the following: (a) to prevent and suppress piracy and armed robbery against ships; (b) to arrest pirates or persons who have committed armed robbery against ships; (c) to seize ships or aircraft used for committing piracy or armed robbery against ships, to seize ships taken by and under the control of pirates or persons who have committed armed robbery against ships, and to seize the property on board such ships; and (d) to rescue victim ships and victims of piracy or armed robbery against ships. 2. Nothing in this Article shall prevent each Contracting Party from taking additional measures in respect of subparagraphs (a) to (d) above in its land territory. PART II INFORMATION SHARING CENTER Article 4 Composition 1. An Information Sharing Center, hereinafter referred to as ?the Center?, is hereby established to promote close cooperation among the Contracting Parties in preventing and suppressing piracy and armed robbery against ships. 2. The Center shall be located in Singapore. 3. The Center shall be composed of the Governing Council and the Secretariat. 4. The Governing Council shall be composed of one representative from each Contracting Party. The Governing Council shall meet at least once every year in Singapore, unless otherwise decided by the Governing Council. 5. The Governing Council shall make policies concerning all the matters of the Center and shall adopt its own rules of procedure, including the method of selecting its Chairperson. 6. The Governing Council shall take its decisions by consensus. 7. The Secretariat shall be headed by the Executive Director who shall be assisted by the staff. The Executive Director shall be chosen by the Governing Council. 8. The Executive Director shall be responsible for the administrative, operational and financial matters of the Center in accordance with the policies as determined by the Governing Council and the provisions of this Agreement, and for such other matters as determined by the Governing Council. 9. The Executive Director shall represent the Center. The Executive Director shall, with the approval of the Governing Council, make rules and regulations of the Secretariat. Article 5 Headquarters Agreement 1. The Center, as an international organization whose members are the Contracting Parties to this Agreement, shall enjoy such legal capacity, privileges and immunities In the Host State of the Center as are necessary for the fulfillment of its functions. 2. The Executive Director and the staff of the Secretariat shall be accorded, in the Host State, such privileges and immunities as are necessary for the fulfillment of their functions. 3. The Center shall enter into an agreement with the Host State on matters including those specified in paragraphs 1 and 2 of this Article. Article 6 Financing 1. The expenses of the Center, as provided for in the budget decided by the Governing Council, shall be provided by the following sources: (a) Host State financing and support; (b) Voluntary contributions from the Contracting Parties; (c) Voluntary contributions from international organizations and other entities, in accordance with relevant criteria adopted by the Governing Council; and (d) Any other voluntary contributions as may be agreed upon by the Governing Council. 2. Financial matters of the Center shall be governed by a Financial Regulation to be adopted by the Governing Council. 3. There shall be an annual audit of the accounts of the Center by an independent auditor appointed by the Governing Council. The audit report shall be submitted to the Governing Council and shall be made public, in accordance with the Financial Regulation. Article 7 Functions The functions of the Center shall be: (a) to manage and maintain the expeditious flow of information relating to incidents of piracy and armed robbery against ships among the Contracting Parties; (b) to collect, collate and analyze the information transmitted by the Contracting Parties concerning piracy and armed robbery against ships, including other relevant information, if any, relating to individuals and transnational organized criminal |