6.4 By fully participating in an investigation conducted by another substantially interested State, the flag State shall be considered as fulfilling its obligations under UNCLOS article 94, section 7.
6.5 An investigation should be started as soon as practicable after the casualty occurs. Substantially interested States should, by mutual agreement be allowed to join an investigation conducted by another substantially interested State at any stage of the investigation.
7 Responsibilities of the lead investigating State
The lead investigating State should be responsible for:
.1 developing a common strategy for investigating the casualty in liaison with substantially interested States;
.2 providing the investigator in charge and co-ordinating the investigation
.3 establishing the investigation parameters based on the laws of the investigating State and ensuring that the investigation respects those laws;
.4 being the custodian of records of interviews and other evidence gathered by the investigation;
.5 preparing the report of the investigation, and obtaining and reflecting the views of the substantially interested States;
.6 co-ordinating, when applicable, with other agencies conducting other investigations;
.7 providing reasonable logistical support; and for
.8 liaison with agencies organizations and individuals not part of the investigating team
8 Consultation
8.1 Notwithstanding the obligation placed on the master or owners of a ship to inform its flag State authority of any casualty occurring to the ship, where a casualty or incident occurs in the internal waters or territorial sea of another State, the coastal State should notify, with a minimum of delay, the flag State or States of the circumstances and what, if any, action is proposed by the coastal State.
8.2 Following a casualty, the investigating State should inform the other substantially interested States, either through the Consular Office in that State or by contacting the relevant authorities listed in MSC/Circ.781/MEPV.6/Circ.2. That State and the other substantially interested States should consult, at the earliest opportunity, on the conduct of the investigation and to determine details of co-operation.
8.3 Nothing should prejudice the right of any State to conduct its own separate investigation into a marine casualty occurring within its jurisdiction according to its own legislation. Ideally, if more than one State desires to conduct an investigation of its own, the procedures recommended by this Code should be followed, and those States should co-ordinate the timing of such investigations to avoid conflicting demands upon witnesses and access to evidence.
