9 Co-operation
9.1 Where two or more States have agreed to co-operate and have agreed the procedures for a marine casualty investigation, the State conducting the investigation should invite representatives of other substantially interested States to take part in the investigation and, consistent with the purpose of this Code, allow such representatives to:
.1 question witnesses;
.2 view and examine evidence and take copies of documentation;
.3 produce witnesses or other evidence;
.4 make submissions in respect of the evidence, comment on and have their views properly reflected in the final report; and
.5 be provided with transcripts, statements and the final report relating to the investigation.
9.2 States are encouraged to provide for maximum participation in the investigation by all States with a substantial interest in the marine casualty.
9.3 The flag State of a ship involved in a marine casualty should help to facilitate the availability of the crew to the investigation and encourage the crew to co-operate with the State conducting the investigation.
10 Disclosure of records
10.1 The State conducting the investigation of a casualty or incident, wherever it has occurred, should not make the following records, obtained during the conduct of the investigation, available for purposes other than casualty investigation, unless the appropriate authority for the administration of justice in that State determines that their disclosure outweighs any possible adverse domestic and international impact on that or any future investigation, and the State providing the information authorizes its release:
.1 all statements taken from persons by the investigating authorities in the course of the investigation;
.2 all communications between persons having been involved in the operation of the ship;
.3 medical or private information regarding persons involved in the casualty or incident;
.4 opinions expressed during the conduct of the investigation.
10.2 These records should be included in the final report, or its appendices, only when pertinent to the analysis of the casualty or incident. Parts of the record not pertinent, and not included in the final report, should not be disclosed.
11 Personnel and material resources
Governments should take all necessary steps to ensure that they have available sufficient means and suitably qualified personnel and material resources to enable them to undertake casualty investigations.
