Regulations of Maritime Enquiry Article 12

Where one of the following conditions applies to a member of the Maritime Accident Committee, executive secretary, or maritime inspector, such personnel shall recuse themselves or the shipping administration authority shall order them to recuse themselves based on its powers:I. Where the individual, spouse, ex-spouse, blood relative within the fourth degree of kinship, or in-laws within the third degree of kinship is a party of concern in the maritime accident;II. Where the individual, spouse, or ex-spouse is a co-obligee or co-obligor of a party of concern in the maritime accident;III. Where the individual was or is the agent or advocate of a party of concern in the maritime accident;IV. Where the individual was a witness or expert witness in the maritime accident.Where recusal of a member of the Maritime Accident Committee, executive secretary, or maritime inspector specified in the preceding paragraph is required but the individual fails to recuse himself/herself and there is sufficient evidence for determining that the individual may be biased in the execution of his/her duties, the party of concern may propose the reason and facts in a meeting of the Maritime Accident Committee and apply for recusal from the chair of the meeting. The chair of the meeting shall inquire the opinions of the individual which is the subject of the application before making a decision.Members, executive secretary, and maritime inspectors of the Maritime Accident Committee shall be required to maintain the confidentiality of the process of the maritime accident enquiry.