November 5, 1985
To the Senate of the United States:
I transmit herewith, for the advice and consent of the Senate to ratification, the Protocol of 1984
to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (Civil
Liability Convention) and the Protocol of 1984 to Amend the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (Fund
Convention). The Department of State has prepared a Technical Report on the Protocols, which
is attached for the information of the Senate.
The 1984 Protocols to the Civil Liability and Fund Conventions are intended to revise and update
the international system of liability and compensation for damage caused by vessel source oil
pollution. In light of worldwide experience with costly oil spills since the conventions were first
negotiated, they both required substantial amendment to raise their liability and compensation
limits. The maximum liability and compensation limits contained in the new Protocols are
approximately four times higher than in the original conventions and are now deemed sufficient to
compensate all legitimate claimants with regard to any oil spill likely to occur in waters off the
coasts of the United States. These new limits would provide substantially greater levels of
compensation for United States citizens who sustain oil pollution damage than is currently
available under existing domestic statutes or voluntary industry mechanisms.
A United States understanding of the term ``pollution damage'' and declarations by which the
United States would exercise the option under the Protocols to delay the effective date of our
instruments of ratification, are included in the Technical Report of the Department of State for
consideration of the Senate. If approved, these declarations and understanding would be
appended to the United States instruments of ratification.
Expeditious ratification of the 1984 Protocols would demonstrate not only our interest in assuring
compensation for United States citizens who sustain oil pollution damage, but also our
commitment to higher, uniform international standards for mitigating such damage which can be
generally accepted worldwide.
I recommend that the Senate give early and favorable consideration to the 1984 Protocols to the
Civil Liability and Fund Conventions and give its advice and consent to ratification.
Ronald Reagan
The White House,
November 5, 1985.