1. In fulfilling the function assigned to it in Article 2, paragraph 1(a), the Fund shall pay compensation to any person suffering pollution damage if such person has been unable to obtain full and adequate compensation for the damage under the terms of the 1992 Liability Convention because:
(a) no liability for the damage arises under the 1992 Liability Convention; (b) the owner liable for the damage under the 1992 Liability Convention is financially incapable of meeting his obligations in full and any financial security provided under Article VII of that Convention does not cover or is insufficient to satisfy the claims for compensation for the damage; the owner shall be deemed to be financially incapable of meeting his obligations and the financial security insufficient if the person suffering the damage has been unable to obtain full satisfaction of the compensation due under the 1992 Liability Convention after having taken all reasonable steps to pursue the legal remedies available to him; (c) the damage exceeds the owner's liability limited under the 1992 Liability Convention, Article V, paragraph 1, or under the provisions of any other international convention in force or open for signature, ratification or accession at the date of this Convention.
2. The Fund shall incur no obligation under the preceding paragraph if:
(a) it proves that the pollution damage resulted from an act of war, hostilities, civil war or insurrection, or was caused by the escape or discharge of oil from a warship or other ship owned or operated by a State and used, at the time of the incident, only on Government non-commercial service; or (b) the claimant cannot prove that the damage resulted from an incident involving one or more ships.
3. If the Fund proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the Fund may be exonerated wholly or partially from its obligation to pay compensation to such person. In any event, the Fund shall be exonerated to the extent that the shipowner may have been exonerated under Article III, paragraph 3, of the 1992 Liability Convention. However, such exoneration of the Fund shall not apply with respect to preventive measures.
4.
(a) Unless otherwise provided for in sub-paragraphs (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1992 Liability Convention for pollution damage within the scope of application of this Convention as defined in Article 3 shall not exceed 203,000,000 units of account. 2 2 Lower amounts applied to incidents occurring before 1 November 2003.
(b) Unless otherwise provided for in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 203,000,000 units of account. 2 2 Lower amounts applied to incidents occurring before 1 November 2003.
(c) The maximum amount of compensation referred to in sub-paragraphs (a) and (b) shall be 300,740,000 units of account 2 with respect to any incident occurring during any period in which there are three Parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such Parties, during the preceding calendar year, was equal to or exceeded 600 million tons.
2 Lower amounts applied to incidents occurring before 1 November 2003.
(d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of the 1992 Liability Convention, if any, shall not be taken into account for the determination of the maximum compensation payable by the Fund under this Article.
(e) The amounts mentioned in this Article shall be converted into national currency on the basis of the value of the relevant currency in relation to the Special Drawing Right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation.
5. Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants.
6. The Assembly of the Fund may decide, in exceptional cases, that compensation may be paid under this Convention even if the owner of the ship has not constituted a fund in accordance with Article V, paragraph 3, of the 1992 Liability Convention. In such case, paragraph 4(e) of this Article shall apply accordingly.
7. Upon the request of a Contracting State, the Fund shall, as may be necessary, use its good offices to assist that State to obtain promptly such personnel, material and services as may be necessary to enable the said State to take measures to prevent or mitigate pollution damage arising from an incident in respect of which the Fund may be called upon to pay compensation under this Convention.
8. The Fund may, on conditions to be laid down in its internal regulations, provide credit facilities with a view to the taking of preventive measures against pollution damage arising from a particular incident in respect of which the Fund may be called upon to pay compensation under this Convention.