Rule 41 establishes the audit obligation itself:
- Every Contracting Party is subject to periodic audits by IMO in accordance with the audit standard to verify compliance with, and implementation of, the Convention.
- The Secretary-General of IMO administers the Audit Scheme, based on guidelines developed by the Organization.
- Every Contracting Party must facilitate the conduct of the audit and implement a programme of actions to address the findings, based on IMO guidelines.
- Audits follow a periodic schedule developed by the Secretary-General, taking into account guidelines developed by the Organization.
Together with Rules 39 and 40 this makes flag-State implementation of the COLREGs measurable and reviewable — the same audit machinery used for SOLAS, MARPOL and Load Lines.
Key Takeaways
1
IMO periodically audits every Contracting Party
2
The IMO Secretary-General administers the Audit Scheme
3
States must facilitate audits and act on the findings
Common Mistakes
Thinking port-State control of a vessel is a Rule 41 audit — Rule 41 audits the State itself
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