945 



Article II 



1. A Board shall consider claims advanced by a national of one 

 country against a national of the other country regarding financial 

 loss resulting from damage to or loss of the national's fishing vessel 

 or fishing gear. 



2. No claim may be brought more than one year after the occurrence 

 of the relevant incident except that, in the case of incidents occurring 

 during the two years immediately preceding the entry into force of 

 this Agreement, claims may be brought within two years of the in- 

 cident, or within one year of the entry into force of this Agreement, 

 whichever is longer. 



Article III 



1. A Board shall establish its procedures for conciliation in accord- 

 ance with this Agreement. 



2. A claimant shall determine at his own discretion in which Board 

 his case is to be examined. 



3. A claim, as referred to in Article II of this Agreement, shall be 

 brought before the Board by a written request. The request shall in- 

 clude, insofar as is known by the claimant, inter alia^ a detailed account 

 of the incident from which the claim arises, the identity of all persons 

 and vessels involved, the compensation sought, and a list of those who 

 are knowledgeable about the incident. All appropriate evidence sup- 

 porting the claim shall be forwarded with the claim to the Board. 



4. Upon receipt of a claim, the Board shall, as soon as practicable, 

 commence an inquiry into the incident. The Board shall immediately 

 notify any national against whom a claim is made. The respondent 

 may in turn file with the Board a written statement responding to the 

 claim and any other evidence he deems advisable. The respondent's 

 statement may contain a counterclaim, insofar as the counterclaim 

 arises from the same incident upon which the claim is based. A 

 counterclaim shall be in the same form as a claim. The Board may 

 simultaneously consider claims that arise from the same incident, 

 without prejudice to the right of each party to present evidence. 



5. A Board may request further information and documents from 

 the parties to the dispute or from the appropriate authorities of the 

 two countries. 



6. If either the claimant or the respondent so requests or if the 

 Board deems it desirable, the Board shall convene a hearing regarding 

 the incident. The claimant and respondent may appear at the hearing, 

 personally or through a representative, with or without counsel, may 

 testify, and may present others to testify. The Board may invite to 

 testify any person, organization, corporation, or other entity, as it 

 deems desirable. The claimant and respondent shall be permitted to 

 question all persons testifying at the hearing, provided that no person 

 shall be required to respond to any question. 



