It is reported that, although the Nairobi International Convention on the Removal of Wrecks (2007) has not yet been fully ratified by the Argentine Republic, the Parliament has recently accepted its treatment, constituting a significant step towards its future approval and entry into force. The following is an analysis of the Convention’s provisions, assuming its future application in the country, to help operators prepare for the new obligations.
One of the first obligations introduced by the Convention is the duty to report maritime incidents that could lead to a wreck, as described in Article 5. Masters or owners must notify authorities without delay and provide essential information regarding the vessel’s condition, cargo, fuel and the exact location of the incident. This early communication allows the State to evaluate whether the wreck represents a hazard. That evaluation, detailed in Article 6, includes considerations such as the depth of the area, proximity to shipping routes, environmental sensitivity, the nature of the cargo and the prevailing maritime conditions.
If authorities determine that a wreck is hazardous, Articles 9 and 10 outline the responsibilities of the shipowner. The owner is required to remove the wreck, and the State may set a timeframe for that removal to begin. If the owner does not act within the established period—or cannot be contacted—the authorities may intervene directly and later recover all related costs. In situations demanding urgent action, the State may proceed immediately to protect navigation and the environment.
A key element of the Convention is the requirement for compulsory insurance, set out in Article 12. All vessels of 300 GT or more must have insurance that specifically covers wreck-removal liability, and the corresponding Wreck Removal Certificate (WRC) must be carried on board. This requirement applies both to Argentine-flagged vessels and to foreign ships calling at Argentine ports or approaching offshore facilities. Failing to present this certificate when requested may result in delays, restrictions or financial exposure.
For foreign vessels operating in the region, the impact is practical and immediate. Any maritime incident in Argentine waters may trigger reporting duties and liability under the Convention, making proper insurance coverage, up-to-date documentation and effective communication with authorities is essential. While the Convention strengthens safety and environmental protection, it also requires operators to maintain clear procedures and to react promptly when incidents occur.
For shipowners and operators calling at Argentine ports, this is a good time to review internal protocols, confirm that WRC certificates are current and ensure that their insurance contracts fully cover the obligations established by the Convention. Being prepared helps avoid operational disruptions and improves coordination with local authorities.
From Simonsen, we remain committed to keeping our clients informed about new regulations and developments that may impact their operations.
To read the full Nairobi Convention, please visit the following link: http://simonsen.com.ar/wp-content/uploads/2025/11/Sanción-HSN-50-2.pdf
