FAL Convention
Convention on Facilitation of International Maritime
Traffic,
1965 1994 Edition
Including related resolutions and additional information on
facilitation requirements, including the supplement to the annex
to the Convention
Contents
Articles of the Convention on Facilitation of International
Maritime Traffic
(Annex A to the Final Act of 1965 Conference)
Consolidated text of annex to the Convention (Annex B to the
Final Act)
SECTION 1- DEFINITIONS AND GENERAL
PROVISIONS
A. Definitions
B. General provisions
C. Electronic data-processing techniques
SECTION 2- ARRIVAL, STAY AND
DEPARTURE OF SHIP
A. General
B. Contents and purpose of documents
C. Documents on arrival
D. Documents on departure
E. Consecutive calls at two or more ports
F. Completion of documents
G. Errors in documentation and penalties therefor
H. Special measures of facilitation for ships calling at ports
in order to put
ashore sick or injured crew members, passengers or other
persons
for emergency medical treatment
SECTION 3- ARRIVAL AND DEPARTURE OF
PERSONS
A. Arrival and departure requirments and procedures
B. Measures to facilitate clearance of cargo, passengers, crew
and baggage
C. Special facilities for marine transport of elderly and
disabled passengers
D. Facilitation for ships engaged on cruises and for cruise
passengers
E. Special measures of facilitation for passengers in
transit
F. Measures of facilitation for ships engaged in scientific
services
G. Further measures of facilitation for foreigners belonging
to the crews
of ships engaged in international voyages - shore leave
SECTION 4- ARRIVAL, STAY AND
DEPARTURE OF CARGO AND OTHER ARTICLES
A. General
B. Clearance of export cargo [to be developed]
C. Clearance of import cargo
D. Containers and pallets
E. Cargo not discharged at the port of intended
destination
F. Limitation of shipowner`s responsibilities
SECTION 5- PUBLIC HEALTH AND
QUARANTINE, INCLUDING SANITARY MEASURES FOR ANIMALS AND
PLANTS
SECTION 6- MISCELLANEOUS
PROVISIONS
A. Bonds and other forms of
security
B. Services at ports
C. Emergency assistance
D. National facilitation committees
The Contracting Governments:
Desiring to facilitate maritime traffic by simplifying and
reducing to a minimum the formalities, documentary requirements
and procedures on the arrival, stay and departure of ships
engaged in international voyages;
Have agreed as follows:
Article I
The Contracting Governments undertake to adopt, in accordance
with the provisions of the present Convention and its Annex, all
appropriate measures to facilitate and expedite international
maritime traffic and to prevent unnecessary delays to ships and
to persons and property on board.
Article II
(1) The Contracting Governments undertake to co-operate, in
accordance with the provisions of the present Convention, in the
formulation and application of measures for the facilitation of
the arrival, stay and departure of ships. Such measures shall be,
to the fullest extent practicable, not less favourable than
measures applied in respect of other means of international
transport; however, these measures may differ according to
particular requirements.
(2) The measures for the facilitation of international
maritime traffic provided for under the present Convention and
its Annex apply equally to the ships of coastal and non-coastal
States the Governments of which are Parties to the present
Convention.
(3) The provisions of the present Convention do not apply to
warships or pleasure yachts.
Article III
The Contracting Governments undertake to co-operate in
securing the highest practicable degree of uniformity in
formalities, documentary requirements and procedures in all
matters in which such uniformity will facilitate and improve
international maritime traffic and keep to a minimum any
alternations in formalities, documentary requirements and
procedures necessary to meet special requirements of a domestic
nature.
Article IV
With a view to achieving the ends set forth in the preceding
articles of the present Convention, the Contracting Governments
undertake to co-operate with each other or through the
Inter-Governmental Maritime Consultative Organization [The name
of the Organization was changed to "International Maritime
Organization" by virtue of ammendments to the Organization's
Convention which entered into force on 22 May 1982.] (hereinafter
called the "Organization") in matters relating to formalities,
documentary requirements and procedures, as well as their
application to international maritime traffic.
Article V
(1) Nothing in the present Convention or its Annex shall be
interpreted as preventing the application of any wider facilities
which a Contracting Government grants or may grant in future in
respect of international maritime traffic under its national laws
or the provisions of any other international agreement.
(2) Nothing in the present Convention or its Annex shall be
interpreted as precluding a Contracting Government from applying
temporary measures considered by that Government to be necessary
to preserve public morality, order and security or to prevent the
introduction or spread of diseases or pests affecting public
health, animals or plants.
(3) All matters that are not expressly provided for in the
present Convention remain subject to the legislation of the
Contracting Governments.
Article VI
For the purposes of the present Convention and its Annex:
(a) "Standards" are those measures the uniform application of
which by Contracting Governments in accordance with the
Convention is necessary and practicable in order to facilitate
international maritime traffic;
(b) "Recommended Practices" are those measures the application
of which by Contracting Governments is desirable in order to
facilitate international maritime traffic.
Article VII
(1) The Annex to the present Convention may be amended by the
Contracting Governments, either at the proposal of one of them or
by a Conference convened for that purpose.
(2) Any Contracting Government may propose an amendment to the
Annex by forwarding a draft amendment to the Secretary-General of
the Organization (hereinafter called the
"Secretary-General"):
(a) Any amendment proposed in accordance with this paragraph
shall be considered by the Facilitation Committee of the
Organization, provided that it has been circulated at least three
months prior to the meeting of this Committee. If adopted by two
thirds of the Contracting Governments present and voting in the
Committee, the amendment shall be communicated to all Contracting
Governments by the Secretary-General.
(b) Any amendment to the Annex under this paragraph shall
enter into force fifteen months after communication of the
proposal to all Contracting Governments by the Secretary-General
unless within twelve months after the communication at least one
third of Contracting Governments have notified the
Secretary-General in writing that they do not accept the
proposal.
(c) The Secretary-General shall inform all Contracting
Governments of any notification received under subparagraph (b)
and of the date of entry into force.
(d) Contracting Governments which do not accept an amendment
are not bound by that amendment but shall follow the procedure
laid down in article VIII of the present Convention.
(3) A conference of the Contracting Governments to consider
amendments to the Annex shall be convened by the
Secretary-General upon the request of at least one third of these
Governments. Every amendment adopted by such conference by a
two-thirds majority of the Contracting Governments present and
voting shall enter into force six months after the date on which
the Secretary-General notifies the Contracting Governments of the
amendment adopted.
(4) The Secretary-General shall notify promptly all signatory
Governments of the adoption and entry into force of any amendment
under this article.
Article VIII
[The text of notifications received from Contracting
Governments in compiliance with this article is reproduced in
appendix 6]
(1) Any Contracting Government that finds it impracticable to
comply with any Standard by bringing Us own formalities,
documentary requirements or procedures into full accord with it
or which deems it necessary for special reasons to adopt
formalities, documentary requirements or procedures differing
from that Standard, shall so inform the Secretary-General and
notify him of the differences between its own practice and such
Standard. Such notification shall be made as soon as possible
after entry into force of the present Convention for the
Government concerned, or after the adoption of such differing
formalities, documentary requirements or procedures.
(2) Notification by a Contracting Government of any such
difference in the case of an amendment to a Standard or of a
newly adopted Standard shall be made to the Secretary-General as
soon as possible after the entry into force of such amended or
newly adopted Standard, or after the adoption of such differing
formalities, documentary requirements or procedures and may
include an indication of the action proposed to bring the
formalities, documentary requirements or procedures into full
accord with the amended or newly adopted Standard.
(3) Contracting Governments are urged to bring their
formalities, documentary requirements and procedures into accord
with the Recommended Practices in so far as practicable. As soon
as any Contracting Government brings its own formalities,
documentary requirements and procedures into accord with any
Recommended Practice, it shall notify the Secretary-General
thereof.
(4) The Secretary-General shall inform the Contracting
Governments of any notification made to him in accordance with
the preceding paragraphs of this article.
Article IX
The Secretary-General shall convene a conference of the
Contracting Governments for revision or amendment of the present
Convention at the request of not less than one third of the
Contracting Governments. Any revision or amendments shall be
adopted by a two thirds majority vote of the Conference and then
certified and communicated by the Secretary-General to all
Contracting Governments for their acceptance. One year after the
acceptance of the revision or amendments by two thirds of the
Contracting Governments, each revision or amendment shall enter
into force for all Contracting Governments except those which,
before its entry into force, make a declaration that they do not
accept the revision or amendment. The Conference may by a two
thirds majority vote determine at the time of its adoption that a
revision or amendment is of such a nature that any Contracting
Government which has made such a declaration and which does not
accept the revision or amendment within a period of one year
after the revision or amendment enters into force shall, upon the
expiration of this period, cease to be a party to the
Convention.
Article X
(1) The present Convention shall remain open for signature for
six months from this day's date and shall thereafter remain open
for accession.
(2) The Governments of States Members of the United Nations,
or of any of the specialized agencies, or the International
Atomic Energy Agency, or Parties to the Statute of the
International Court of Justice may become Parties to the present
Convention by:
(a) signature without reservation as to acceptance;
(b) signature with reservation as to acceptance followed by
acceptance; or
(c) accession.
Acceptance or accession shall be effected by the deposit of an
instrument with the Secretary-General.
(3) The Government of any State not entitled to become a Party
under paragraph 2 of this article may apply through the
Secretary-General to become a Party and shall be admitted as a
Party in accordance with paragraph 2, provided that its
application has been approved by two thirds of the Members of the
Organization other than Associate Members.
Article XI
The present Convention shall enter into force sixty days after
the date upon which the Governments of at least ten States have
either signed it without reservation as to acceptance or have
deposited instruments of acceptance or accession. It shall enter
into force for a Government which subsequently accepts it or
accedes to it sixty days after the deposit of the instrument of
acceptance or accession.
Article XII
Three years after entry into force of the present Convention
with respect to a Contracting Government, such Government may
denounce it by notification in writing addressed to the
Secretary-General who shall notify all Contracting Governments of
the content and date of receipt of any such notification. Such
denunciation shall take effect one year, or such longer period as
may be specified in the notification, after its receipt by the
Secretary-General.
Article XIII
(1) (a) The United Nations in cases where they are the
administering authority for a territory, or any Contracting
Government responsible for the international relations of a
territory, shall as soon as possible consult with such territory
in an endeavour to extend the present Convention to that
territory, and may at any time by notification in writing given
to the Secretary-General declare that the Convention shall extend
to such territory.
(b) The present Convention shall from the date of the receipt
of the notification of from such other date as may be specified
in the notification extend to the territory named therein.
(c) The provisions of article VIII of the present Convention
shall apply to any territory to which the Convention is extended
in accordance with the present article; for this purpose, the
expression "its own formalities, documentary requirements or
procedures" shall include those in force in that territory.
(d) The present Convention shall cease to extend to any
territory one year after the receipt by the Secretary-General of
a notification to this effect, or on such later date as may be
specified therein.
(2) The Secretary-General shall inform all the Contracting
Governments of the extension of the present Convention to any
territory under paragraph I of this article, stating in each case
the date from which the Convention has been so extended.
Article XIV
The Secretary-General shall inform all signatory Governments,
all Contracting Governments and all Members of the Organization
of:
(a) the signatures affixed to the present Convention and the
dates thereof;
(b) due deposit of instruments of acceptance and accession
together with the date of their deposit
(c) the date on which the Convention enters into force in
accordance with article XI
(d) any notification received in accordance with articles XII
and XIII and the date thereof,
(e) the convening of any conference under articles VII or
IX.
Article XV
The present Convention and its Annex shall be deposited with
the Secretary-General who shall transmit certified copies thereof
to signatory Governments and to acceding Governments. As soon as
the present Convention enters into force, it shall be registered
by the Secretary-General in accordance with Article 102 of the
Charter of the United Nations.
Article XVI
The present Convention and its Annex shall be established in
the English and French languages, both texts being equally
authentic. Official translations shall be prepared in the Russian
and Spanish languages and shall be deposited with signed
originals.
IN WITNESS WHEREOF the undersigned being duly authorized by
their respective Governments for that purpose have signed the
present Convention. [Signatures omitted]
DONE at London this ninth day of April 1965.
ANNEX
SECTION I -
DEFINITIONS AND GENERAL PROVISIONS
A. DEFINITIONS
For the purpose of the provisions of this Annex, the following
meanings shall be attributed to the terms listed:
Cargo. Any goods, wares, merchandise, and articles of every
kind whatsoever carried on a ship, other than mail, ship's
stores, ship's spare parts, ship's equipment, crew's effects and
passengers' accompanied baggage.
Crew's effects. Clothing, items in everyday use and other
articles, which may include currency, belonging to the crew and
carried on the ship.
Crew member. Any person actually employed for duties on board
during a voyage in the working or service of a ship and included
in the crew list. Cruise ship. A ship on an international voyage
carrying passengers participating in a group programme and
accommodated aboard, for the purpose of making scheduled
temporary tourist visits at one or more different ports, and
which during the voyage does not normally :
(a) embark or disembark any other passengers;
(b) load or discharge any cargo.
Document. Data carrier with data entries.
Data carrier. Medium designed to carry records of data
entries.
Mail. Dispatches of correspondence and other objects tendered
by and intended for delivery to postal administrations.
Passengers in transit. A passenger who arrives by ship from a
foreign country for the purpose of continuing his journey by ship
or some other means of transport to a foreign country.
Passengers' accompanied baggage. Property, which may include
currency, carried for a passenger on the same ship as the
passenger, whether in his personal possession or not, so long as
it is not carried under a contract of carriage or other similar
agreement.
Public authorities. The agencies or officials in a State
responsible for the application and enforcement of the laws and
regulations of that State which relate to any aspect of the
Standards and Recommended Practices contained in this Annex.
Security measures. Internationally agreed measures to improve
security on board ships and in port areas to prevent unlawful
acts against passengers and crews on board ships.[Reference is
made to the Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation, 1988 and to MSC/Circ.
443 of 26 September 1986, Measures to Prevent Unlawful Acts
Against Passengers and Crews on board Ships]
Shipowner. One who owns or operates a ship, whether a person,
a corporation or other legal entity, and any person acting on
behalf of the owner or operator.
Ship's equipment. Articles, other than ship's spare parts, on
board a ship for use thereon, which are removable but not of a
consumable nature, including accessories such as lifeboats,
life-saving devices, furniture, ship's apparel and similar
items.
Ship's spare parts. Articles of a repair or replacement nature
for incorporation in the ship in which they are carried.
Ship's stores. Goods for use in the ship, including consumable
goods, goods carried for sale to passengers and crew members,
fuel and lubricants, but excluding ship's equipment and ship's
spare parts.
Shore leave. Permission for a crew member to be ashore during
the ship's stay in port within such geographical or time limits,
if any, as may be decided by the public authorities.
Time of arrival. Time when a ship first comes to rest, whether
at anchor or at a dock, in a port.
Transport document. Document evidencing a contract of carriage
between a ship owner and a consignor, such as a sea waybill, a
bill of lading or a multi modal transport document.
B. GENERAL PROVISIONS
In conjunction with paragraph 2 of article V of the
Convention, the provisions of this Annex shall not preclude
public authorities from taking such appropriate measures,
including calling for further information, as may be necessary in
cases of suspected fraud or to deal with special problems
constituting a grave danger to public order (ordre public),
public security or public health, or to prevent the introduction
or spread of diseases or pest affecting animals or plants.
1.1. Standard. Public authorities shall in all cases require
only essential information to be furnished, and shall keep the
number of hems to a minimum.
Where a specific list of particulars is set out in the Annex,
public authorities shall not require to be furnished such of
those particulars as they consider not essential.
1.1.1 Recommended Practice. Public authorities should take
into account the facilitation implications which may result from
the introduction of automatic data processing and transmission
techniques, and should consider these in collaboration with
shipowners and all other interested parties.
Existing information requirements and control procedures
should be simplified, and attention should be given to the
desirability of obtaining compatibility with other relevant
information systems.
1.2 Recommended Practice. Notwithstanding the fact that
documents for certain purposes may be separately prescribed and
required hi this Annex public authorities bearing in mind the
interests of those who are required to complete the documents as
well as the purposes for which they are to be used, should
provide for any two or more such documents to be combined into
one in any case in which this is practicable and in which an
appreciable degree of facilitation would result.
l.3 Recommended Practice. Measures and procedures imposed by
Contracting Governments for purposes of security or narcotics
control should be efficient and, where possible, utilize advanced
techniques, including automatic data processing (ADP). Such
measures and procedures should be implemented in such a manner as
to cause a minimum of interference with, and to prevent
unnecessary delays to, ships and persons or property on
board.
C. Electronic data-processing techniques
1.4 Recommended Practice. When introducing electronic data
processing and interchange techniques to facilitate the clearance
of ships, Contracting Governments should encourage public
authorities and private parties concerned to exchange data
electronically in conformity with international standards.
1.5 Standard. Public authorities shall accept any of the
documents required for the clearance of ships, when produced by
electronic data processing or interchange techniques that conform
with international standards, provided they are in legible and
understandable form and contain the required information.
l.6 Standard. Public authorities, when introducing electronic
data processing and interchange techniques for the clearance of
ships, shall limit the information they require to that provided
for in the pertinent provisions of this annex.
1.7 Recommended Practice. When planning for, introducing, or
modifying electronic data-processing or interchange techniques
for the clearance of ships, public authorities should endeavour
to:
a) afford all interested parties, from the outset, the
opportunity for consultation
(b) evaluate existing procedures and eliminate those which are
unnecessary;
(c) determine those procedures which are to be
computerized;
(d) use United Nations (UN) Recommendations and relevant ISO
Standards to the maximum extent practicable;
(e) adapt these techniques for multi modal applications;
and
(f) take appropriate steps to minimize the cost of
implementing these techniques to operators and other private
parties.
1.8 Standard. Public authorities, when introducing electronic
data processing and interchange techniques for the clearance of
ships, shall encourage but not require their use by maritime
operators and other parties concerned.
SECTION 2 -
ARRIVAL, STAY AND DEPARTURE OF THE SHIP
This section contains the provisions concerning the
formalities required of shipowners by the public authorities on
the arrival, stay and departure of the ship and shall not be read
so as to preclude a requirement for the presentation for
inspection by the appropriate authorities of certificates and
other papers carried by the ship pertaining to its registry,
measurement, safety, manning and other related matters.[See
FAL.2/Circ. 35]
A. GENERAL
2.1 Standard. Public authorities shall not require for their
retention, on arrival or departure of ships to which the
Convention applies, any documents other than those covered by the
present section.
The documents in question are:
- General Declaration
- Cargo Declaration
- Ship's Stores Declaration
- Crew's Effects Declaration
- Crew List
- Passenger List
- the document required under the Universal Postal Convention
for mail
- Maritime Declaration of Health.
B. CONTENTS AND PURPOSE OF DOCUMENTS
2.2 Standard. The General Declaration shall be the basic
document on arrival and departure providing information required
by public authorities relating to the ship.
2.2.1 Recommended Practice. The same form of General
Declaration should be accepted for both the arrival and the
departure of a ship.
2.2.2 Recommended Practice. In the General Declaration public
authorities should not require more than the following
information:
- name and description of the ship
- nationality of ship
- particulars regarding registry
- particulars regarding tonnage - name of master
- name and address of ship's agent
- brief description of the cargo
- number of crew
- number of passengers
- brief particulars of voyage
- date and time of arrival, or date of departure
- port of arrival or departure
- position of the ship in the port.
2.2.3 Standard. Public authorities shall accept a General
Declaration either dated and signed by the master, the ship's
agent or some other person duly authorized by the master, or
authenticated in a manner acceptable to the public authority
concerned.
2.3 Standard. The Cargo Declaration shall be the basic
document on arrival and departure providing information required
by public authorities relating to the cargo. However, particulars
of any dangerous cargo may also be required to be furnished
separately.
2.3.1 Recommended Practice. In the Cargo Declaration public
authorities should not require more than the following
information:
(a) on arrival
- name and nationality of the ship.
- name of master
- port arrived from
- port where report is made
- marks and numbers; number and kind of packages;
quantity and description of the goods
- bill of lading numbers of cargo to be discharged at the port
in question
- ports at which cargo remaining on board will be
discharged
- original ports of shipment in respect of goods shipped on
through bills of lading
(b) on departure
* name and nationality of the ship
* - name of master
- port of destination
- in respect of goods loaded at the port in question: marks
and numbers; number and kind of packages; quantity and
description of the goods
- bill of lading numbers for cargo loaded at the port in
question.
2.3.2 Standard. In respect of cargo remaining on board, public
authorities shall require only brief details of the minimum
essential items of information to be furnished.
2.3.3 Standard. Public authorities shall accept a Cargo
Declaration either dated and signed by the master, the ship's
agent or some other person duly authorized by the master, or
authenticated in a manner acceptable to the public authority
concerned.
2.3.4 Recommended Practice. Public authorities should accept
in place of the Cargo Declaration a copy of the ship's manifest
provided it contains all the information required in accordance
with Recommended Practice 2.3.1 and Standard 2.3.2 and is dated
and signed or authenticated in accordance with Standard
2.3.3.
2.3.4.1 Recommended Practice. As an alternative to Standard
2.3.4, public authorities may accept a copy of the bill of lading
signed or authenticated in accordance with Standard 2.3.3 or
certified as a true copy, if the nature and quantity of cargo
make this practicable and provided that any information in
accordance with Recommended Practice 2.3.1 and Standard 2.3.2
which does not appear in such documents is also furnished
elsewhere and duly certified.
2.3.5. Standard. Public authorities should allow unmanifested
parcels in possession of the master to be omitted from the Cargo
Declaration provided that particulars of these parcels are
furnished separately.
Note: Particulars of unmanifested parcels should be
furnished on a separate form and should include relevant parts of
the information normally shown in the Cargo Declaration. The IMO
Cargo Declaration form could be used, with the title amended,
e.g. to read: "Unmanifested Parcels List".
2.4 Standard. The Ship's Stores Declaration shall be the basic
document on arrival and departure providing information required
by public authorities relating to ship's stores.
2.4.1 Standard. Public authorities shall accept a Ship's
Stores Declaration either dated and signed by the master or by
some other ship's officer duly authorized by the master and
having personal knowledge of the facts regarding the ship's
stores, or authenticated in a manner acceptable to the public
authority concerned.
2.5 Standard. The Crew's Effects Declaration shall be the
basic document providing information required by public
authorities relating to crew's effects. It shall not be required
on departure.
2.5.1 Standard. Public authorities shall accept a Crew's
Effects Declaration either dated and signed by the master or by
some other ship's officer duly authorized by the master, or
authenticated in a manner acceptable to the public authority
concerned. The public authorities may also require each crew
member to place his signature, or, if he is unable to do so, his
mark, against the declaration relating to his effects.
2.5.2 Recommended Practice. Public authorities should normally
require particulars of only those crew's effects which are
dutiable or subject to prohibitions or restrictions.
2.6 Standard. The Crew List shall be the basic document
providing public authorities with information relating to the
number and composition of the crew on the arrival and departure
of a ship.
2.6.1 Recommended Practice. In the Crew List, public
authorities should not require more than the following
information:
- name and nationality of ship
- family name
- given names
- nationality
- rank or rating
- date and place of birth
- nature and number of identity document
- port and date of arrival
- arriving from.
2.6.2 Standard. Public authorities shall accept a Crew List
either dated and signed by the master or by some other ship's
officer duly authorized by the master, or authenticated in a
manner acceptable to the public authority concerned.
2.6.3 Standard. Public authorities shall not normally require
a Crew List to be submitted on each call in cases where a ship,
serving in a scheduled programme, calls again at the same port at
least once within 14 days and when there has been no change in
the crew, in which case a statement of "No Change" shall be
presented in a manner acceptable to the public authorities
concerned.
2.6.4 Recommended Practice. Under the circumstances mentioned
in Standard 2.6.3 but where minor changes in the crew have taken
place, public authorities should not normally require a new, full
Crew List to be submitted but should accept the existing Crew
List with the changes indicated.
2.7 Standard. The Passenger List shall be the basic document
providing public authorities with information relating to
passengers on the arrival and departure of a ship.
2.7.1 Recommended Practice. Public authorities should not
require Passenger Lists on short sea routes or combined
ship/railway services between neighbouring countries.
2.7.2 Recommended Practice. Public authorities should not
requite embarkation or disembarkation cards in addition to
Passenger Lists in respect of passengers whose names appear on
those Lists. However, where public authorities have special
problems constituting a grave danger to public health a person on
an international voyage may on arrival be required to give a
destination address in writing.
2.7.3 Recommended Practice. In the Passenger List public
authorities should not require more than the following
information:
- name and nationality of the ship
* family name
* - given names
- nationality
- date of birth
- place of birth
- port of embarkation
- port of disembarkation
- port and date of arrival of the ship.
2.7.4 Recommended Practice. A list compiled by shipping
companies for their own use should be accepted in place of the
Passenger List, provided it contains at least the information
required in accordance with Recommended Practice 2.7.3 and is
dated and signed or authenticated in accordance with Standard
2.7.5.
2.7.5 Standard. Public authorities shall accept a Passenger
List either dated and signed by the master, the ship's agent or
some other person duly authorized by the master, or authenticated
in a manner acceptable to the public authority concerned.
2.7.6 Standard. Public authorities shall ensure that
shipowners notify them on arrival of the presence of any stowaway
discovered on board.
2.7.6.1 Recommended Practice. When a stowaway has inadequate
documents, public authorities should, whenever practicable and to
an extent compatible with national legislation and security
requirements, issue a covering letter with a photograph of the
stowaway and any other important information. The letter,
authorizing the return of the stowaway either to his country of
origin or to the point where the stowaway commenced his journey,
as appropriate, by any means of transportation and specifying any
other conditions imposed by the authorities, should be handed
over to the operator effecting the removal of the stowaway. This
letter will include information required by the authorities at
transit points and /or point of disembarkation.
Note: This recommendation is not intended to prevent
public authorities from further examination of a stowaway for
possible prosecution and/or deportation. Further, nothing in this
recommendation is to be construed as contradicting the provisions
of the United Nations Convention Relating to the Status of
Refugees of 28 July 1951 and the United Nations Protocol relating
to the Status of Refugees of 3l January 1967, which concern the
prohibition of the expulsion or return of a refugee.
2.8 Standard. Public authorities shall not require on arrival
or departure of the ship any written declaration in respect of
mail other than that prescribed in the Universal Postal
Convention.
2.9 Standard. The Maritime Declaration of Health shall be the
basic document providing information required by port health
authorities relating to the state of health on board a ship
during the voyage and on arrival at a port.
C. DOCUMENTS ON ARRIVAL
2.10 Standard. In respect of a ship's arrival in port, public
authorities shall not require more than:
- 5 copies of the General Declaration
- 4 copies of the Cargo Declaration
- 4 copies of the Ship's Stores Declaration
- 2 copies of the Crew's Effects Declaration
- 4 copies of the Crew List
- 4 copies of the Passenger List
- I copy of the Maritime Declaration of Health.
D. DOCUMENTS ON DEPARTURE
2.11 Standard. In respect of a ship's departure from port,
public authorities shall not require more than:
- 5 copies of the General Declaration
- 4 copies of the Cargo Declaration
- 3 copies of the Ship's Stores Declaration
- 2 copies of the Crew List
- 2 copies of the Passenger List.
2.11.1 Standard. A new Cargo Declaration shall not be required
on departure from a port in respect of cargo which has been the
subject of a declaration on arrival in that port and which has
remained on board.
2.11.2 Recommended Practice. A separate Ship's Stores
Declaration on departure should not be required in respect of
ship's stores which have been the subject of a declaration on
arrival, nor in respect of stores shipped in the port and covered
by another customs document presented in that port.
2.11.3 Standard. Where public authorities require information
about the crew of a ship on its departure, a copy of the Crew
List, presented on arrival, shall be accepted on departure if
signed again and endorsed to indicate any change in the number or
composition of the crew or to indicate that no such change has
occurred.
2.12 [Numbers in the 2.12 series are reserved for future
use]
E. CONSECUTIVE CALLS AT TWO OR MORE PORTS IN THE SAME
STATE
2.13 Recommended Practice. Taking into account the procedures
carried out on the arrival of a ship at the first port of call in
the territory of a State, the formalities and documents required
by the public authorities at any subsequent port of call in that
country visited without intermediate call at a port in another
country should be kept to a minimum.
F. COMPLETION OF DOCUMENTS
2.14 Recommended Practice. Public authorities should as far as
possible accept the documents provided for in this Annex except
as regards Standard 3.7 irrespective of the language in which the
required information is furnished thereon, provided that they may
require a written or oral translation into one of the official
languages of their country or of the Organization when they deem
it necessary.
2.15 Standard. Public authorities shall accept information
conveyed by any legible and understandable medium, including
documents handwritten in ink or indelible pencil or produced by
automatic data processing techniques.
2.15.1 Standard. Public authorities shall accept a signature,
when required, in handwriting, in facsimile, perforated, stamped,
in symbols, or made by any other mechanical or electronic means,
if such acceptance is not inconsistent with national laws. The
authentication of information submitted on non-paper media shall
be in a manner acceptable to the public authority concerned.
2.16 Standard Public authorities of the country of any
intended port of arrival, discharge, or transit shall not require
any document relating to the ship, its cargo, stores, passengers
or crew, as mentioned in this section, to be legalized, verified,
authenticated, or previously dealt with by any of their
representatives abroad. This shall not be deemed to preclude a
requirement An the presentation of a passport or other identity
document of a passenger or crew member for visa or similar
purposes.
G. ERRORS IN DOCUMENTATION AND PENALTIES THEREFOR
2.17 Standard. Public authorities shall, without delaying the
ship, allow correction of errors in a document provided for in
this annex which they are satisfied are inadvertent, not of a
serious nature, not due to recurrent carelessness and not made
with intent to violate laws or regulations, on the condition that
these errors are discovered before the document is fully checked
and the corrections can be effected without delay.
2.18 Standard. If errors are found in documents provided for
in this annex which have been signed by or on behalf of a ship
owner or master, or otherwise authenticated, no penalties shall
be imposed until an opportunity has been given to satisfy the
public authorities that the errors were inadvertent, not of a
serious nature, not due to recurrent carelessness and not made
with intent to violate laws or regulations.
H. SPECIAL MEASURES OF FACILITATION FOR SHIPS CALLING AT PORTS
IN ORDER TO PUT ASHORE SICK OR INJURED CREW MEMBERS, PASSENGERS
OR OTHER PERSONS FOR EMERGENCY MEDICAL TREATMENT
2.19 Standard. Public authorities shall seek the co-operation
of shipowners to ensure that, when ships intend to call at ports
for the sole purpose of putting ashore sick or injured crew
members, passengers or other persons for emergency medical
treatment, the master shall give the public authorities as much
notice as possible of that intention, with the fullest possible
details of the sickness or injury and of the identity and status
of the persons.
2.20 Standard. Public authorities shall by radio whenever
possible, but in any case by the fastest channels available,
inform the master, before the arrival of the ship, of the
documentation and the procedures necessary to put the sick or
injured persons ashore expeditiously and to clear the ship
without delay.
2.21 Standard. With regard to ships calling at ports for this
purpose and intending to leave again immediately, public
authorities shall give priority in berthing if the state of the
sick person or the sea conditions do not allow a safe
disembarkation in the roads or harbour approaches.
2.22 Standard. With regard to ships calling at ports An this
purpose and intending to leave again immediately, public
authorities shall not normally require the documents mentioned in
Standard 2.1 with the exception of the Maritime Declaration of
Health and, if it is indispensable, the General Declaration.
2.23 Standard. Where public authorities require the General
Declaration, this documents shall not contain more information
than that mentioned in Recommended Practice 2.2.2 and, wherever
possible, shall contain less.
2.24 Standard. Where the public authorities apply control
measures related to the arrival of a ship prior to sick or
injured persons being put ashore, emergency medical treatment and
measures for the protection of public health shall take
precedence over these control measures.
2.25 Standard. Where guarantees or undertakings are required
in respect of costs of treatment or eventual removal or
repatriation of me persons concerned, emergency medical treatment
shall not be withheld or delayed while these guarantees or
undertakings are being obtained.
2.26 Standard. Emergency medical treatment and measures for
the protection of public health shall take precedence over any
control measures which public authorities may apply to sick or
injured persons being put ashore.
SECTION 3 -
ARRIVAL AND DEPARTURE OF PERSONS
This section contains the provisions concerning the
formalities required by public authorities from crew and
passengers on the arrival or departure of a ship.
A. ARRIVAL AND DEPARTURE REQUIREMENTS AND PROCEDURES
3.1 Standard. A valid passport shall be the basic document
providing public authorities with information relating to the
individual passenger on arrival or departure of a ship.
3.1.1 Recommended Practice. Contracting Governments should as
far as possible agree, by bilateral or multilateral agreements,
to accept official documents of identity in lieu of
passports.
3.2 Recommended Practice. Public authorities should make
arrangements whereby passports, or official documents of identity
accepted in their place, from ship's passengers need be inspected
by the immigration authorities only once at the time of arrival
and once at the time of departure. In addition these passports or
official documents of identity may be required to be produced for
the purpose of verification or identification in connection with
customs and other formalities on arrival and departure.
3.3 Standard. After individual presentation of passports or
official documents of identity accepted in their place, public
authorities should hand back such documents immediately after
examination rather than withholding them for the purpose of
obtaining additional control, unless there is some obstacle to
the admission of a passenger to the territory.
3.3.1 Standard. Each Contracting Government shall ensure that
the public authorities seize fraudulent, falsified or counterfeit
travel documents of inadmissible persons. Such documents shall be
removed from circulation and returned to the appropriate
authorities when practicable. In place of a seized document, a
covering letter [A possible format for a covering letter is given
in appendix 4] shall be issued by the removing State and attached
to it will be a photocopy of ,the forged travel documents, if
available, as well as any important iformation. The covering
letter and its attachment shall be handedver to the operator
responsible for the removal of the inadmissible person. It will
serve to give information to the authorities at the transit
and/or original point of embarkation.
Note: The above Standard shall not be construed as overriding
the right of the public authorities of the Contracting
Governments to determine whether or not, depending on the
individual case, possession of fraudulent documents in itself
consitutes grounds for refusal of admission and prompt removal
from the territory of the State concerned. Nothing in this
Standard is to be construed as contradicting the provisions of
the United Nations Convention Relating to the Status of Refugees
of 28 July 1951 and the United Nations Protocol relating to the
Status of Refugees of 31 January 1967, which concern the
prohibitions of the expulsion or return of a refugee.
3.4 Recommended Practice. Public authorities should not
require from embarking or disembarking passengers, or from
shipowners on their behalf, any information in writing
supplementary to or repeating that already presented in their
passports or official documents of identity, other than as
necessary to complete any documents provided for in this
Annex.
3.5 Recommended Practice. Public authorities which require
written supplementary information other than as necessary to
complete any documents provided for in this Annex, from embarking
or disembarking passengers, should limit requirements for further
identification of passengers to the items set forth in
Recommended Practice 3.6 (embarkation/disembarkation card).
Public authorities should accept the embarkation/disembarkation
card when completed by the passenger and should not require that
it be completed or checked by the shipowner. Legible handwritten
script should be accepted on the card, except where the form
specifies block lettering. One copy only of the
embarkation/disembarkation card, which may include one or more
simultaneously prepared carbon copies, should be required from
each passenger.
3.6 Recommended Practice. In the embarkation/disembarkation
card public authorities should not require more than the
following information:
- family name
- given names
- nationality
- number of passengers or other official identity document
- date of birth
place of birth
- occupation
- port of embarkation/disembarkation
- sex
- destination address
- signature
3.7 Standard. In cases where evidence of protection against
cholera, yellow fever or. smallpox is required from persons on
board a ship, public authorities shall accept the International
Certificate of Vaccination or Re-Vaccination in the forms
provided for in the International Health Regulations.
3.8 Recommended Practice. Medical examination of persons on
board or of persons disembarking from ships should normally be
limited to those persons arriving from an area infected with one
of the quarantinable diseases within the incubation period of the
disease concerned (as stated in the International Health
Regulations). Additional medical examination may, however, be
required in accordance with the International Health
Regulations.
3.9 Recommended Practice. Public authorities should normally
perform customs inspection of inbound passengers' accompanied
baggage on a sampling or selective basis. Written declarations in
respect of passengers' accompanied baggage should be dispensed
with as far as possible.
3.9.1 Recommended Practice. Public authorities should,
wherever possible, waive inspection of accompanied baggage of
departing passengers, with due regard to the possible need to
impose appropriate security measures.
3.9.2 Recommended Practice. Where inspection of accompanied
baggage of departing passengers cannot be waived complete such
inspection should normally be performed on a sampling or
selective basis.
3. 10 Standard. A valid seafarer's identity document or a
passport shall be me basic document providing public authorities
with information relating to the individual member of the crew on
arrival or departure of a ship.
3.10.1 Standard. In the seafarer's identity document, public
authorities shall not require more than the following
information:
- family name
- given names
- date and place of birth
- nationality
- physical characteristics
- photograph (authenticated)
- signature
- date of expiry (if any)
- issuing public authority.
3.10.2 Standard. When it is necessary for a seafarer to enter
or leave a country as a passenger by any means of transportation
for the purpose of
(a) joining his ship or transferring to another ship,
(b) passing in transit to join his ship in another country, or
for repatriation, or for any other purpose approved by the
authorities of the country concerned,
public authorities shall accept from that seafarer in place of
a passport the valid seafarer's identity document, when this
document guarantees the readmission of the bearer to the country
which issued the document.
3.10.3 Recommended Practice. Public authorities should not
normally require presentation of individual identity documents or
of information supplementing me seafarer's identity document in
respect of members of the crew other than that given in the Crew
List.
B. MEASURES TO FACILITATE CLEARANCE OF CARGO, PASSENGERS, CREW
AND BAGGAGE
3.11 Recommended Practice. Public authorities should, with the
co-operation of shipowners and port administrations, take
appropriate measures to me end that satisfactory port traffic
flow arrangements may be provided so that passengers, crew and
baggage can be cleared rapidly, should provide adequate
personnel, and should ensure that adequate installations am
provided, particular attention being paid to baggage loading,
unloading and conveyance arrangements (including the use of
mechanized systems) and to points where passenger delays are
frequently found to occur. Arrangements should be made, when
necessary, for passage under shelter between the ship and the
point where the passenger and crew check is to be made. Such
arrangments and installations should be flexible and capable of
expansion to meet increased security measures during higher
threat situations.
3.11.1 Recommended Practice. Public authorities should:
(a) in co-operation with shipowners and port administrations
introduce suitable arrangements, such as:
(i) an individual and continuous method of processing
passengers and baggage;
(ii) a system which would permit passengers readily to
identify and obtain their checked baggage as soon as it is placed
in an area where it may be claimed;
(iii) ensuring that facilities and service are available to
meet the needs of elderly and disabled passengers;
(b) ensure that port authorities take all necessary measures
so that:
(i) easy and speedy access for passengers and their baggage,
to and from local transport, is provided;
(ii) if crews are required to report to premises for
governmental purposes those premises should be readily
accessible, and as close to one another as practicable.
3.11.2 Recommended Practice. Public authorities should
consider, as a means of ensuring prompt clearance, the
introduction of the dual-chalmel system [Reference is made to
Recommended Practice 11 and appendix II of Annex F 3 of the Kyoto
Convention] for the clearance of passengers, and their baggage
and private road vehicles.
3.12 Standard. Public authorities shall require that
shipowners ensure that ship's personnel take all appropriate
measures which will help expedite arrival procedures for
passengers and crew. These measures may include:
(a) furnishing public authorities concerned with an advance
message giving the best estimated time of arrival, followed by
information as to any change in time, and stating the itinerary
of the voyage where this may affect inspection requirements;
(b) having ship's documents ready for prompt review;
(c) providing for ladders or other means of boarding to be
rigged while the ship is en route to berth or
anchorage;
(d) providing for prompt, orderly assembling and presentation
of persons on board, with necessary documents, for inspection,
with attention to arrangements for relieving crew members for
this purpose from essential duties. in engine-rooms and
elsewhere.
3.13 Recommended Practice. The practice of entering names on
passenger and crew documents should be to put the family name or
names first. Where both paternal and maternal family names are
used, the paternal family name should be placed first. Where for
married women both the husband's and wife's paternal family names
are used, the husband's paternal family name should be placed
first.
3.14 Standard. Public authorities shall, without unreasonable
delay, accept passengers and crew for examination as to their
admission into the State.
3.15 Standard. Public authorities shall not impose any penalty
upon shipowners in the event that any control document in
possession of a passenger is found by public authorities to be
inadequate, or if, for that reason, the passenger is found to be
in admissible to the State.
3.15.1 Standard. Public authorities shall invite shipowners to
take all reasonable precautions to the end that passengers hold
any control documents required by Contracting Governments.
3.15.2 Recommended Practice. For use at marine terminals and
on board ships in order to facilitate and expedite international
maritime traffic, public authorities should implement, or where
the matter does not come within their jurisdiction, recommend to
the responsible parties in their country to implement,
standardized international signs and symbols developed or
accepted by the Organization in cooperation with other
appropriate international organizations and which, to the
greatest extent practicable, are common to all modes of
transport.
C. SPECIAL FACILITIESFOR MARINE TRANSPORT OF ELDERLY AND
DISABLED PASSENGERS
3. l 6 Recommended Practice. Measures should be taken to
ensure that all necessary information on transport and safety is
readily available for passengers who have impaired hearing or
vision.
3.17 Recommended Practice. For elderly and disabled passengers
being set down or picked up at a terminal building, reserved
points should be located as close as possible to main entrances.
These should be clearly marked with appropriate signs. Access
routes should be free of obstacles.
3.18 Recommended Practice. Where access to public services is
limited, every effort should be made to provide accessible and
reasonably priced public transportation services by adapting
current and planned services or by providing special arrangements
for passengers who have impaired mobility.
3.19 Recommended Practice. Provisions of suitable facilities
should be made in terminals and on ships, as appropriate, to
allow safe embarkation and disembarkation for elderly and
disabled passengers.
D. FACILITATION FOR SHIPS ENGAGED ON CRUISES AND FOR CRUISE
PASSENGERS
3. 20 Standard. Public authorities shall authorize granting of
pratique by radio to a cruise ship when, on the basis of
information received from it prior to its arrival, the health
authority for the intended port of arrival is of the opinion that
its arrival will not result in the introduction or spread of a
quarantinable disease.
3. 21 Standard. For cruise ships, the General Declaration, the
Passenger List and the Crew List shall be required only at the
first port of arrival and final port of departure in a country,
provided that then: has been no change in the circumstances of
the voyage.
3. 22 Standard. For cruise ships, the Ship's Stores
Declaration and the Crew's Effects Declaration shall be required
only at the first port of arrival in a country.
3. 23 Standard. Passports or other official documents of
identity shall at all times remain in the possession of cruise
passengers.
3. 24 Recommended Practice. If a cruise ship stays at a port
for less than 72 hours, it should not be necessary for cruise
passengers to have visas, except in special circumstances
determined by the public authorities concerned.
Note. It is the intention of this Recommended Practice that
each Contracting State may issue to such passengers or accept
from them upon arrival, some form indicating that they have
permission to enter the territory.
3. 25 Standard. Cruise passengers shall not be unduly delayed
by the control measures exercised by public authorities.
3. 26 Standard. In general, except for the purpose of
establishing identity, cruise passengers shall not be subject to
personal examination by immigration control.
3. 27 Standard. If a cruise ship calls consecutively at more
than one port in the same country, passengers shall, in general,
be examined by public authorities at the first of arrival and at
the final port of departure only.
3. 28 Recommended Practice. To facilitate their prompt
disembarkation, the inward control of passengers on a cruise
ship, where practicable, should be carried out on board before
arrival at the place of disembarkation.
3. 29 Recommended Practice. Cruise passengers who disembark at
one port and enjoy the same ship at another port in the same
country should enjoy the same facilities as passengers who
disembark and rejoin a cruise ship at the same port.
3. 30 Recommended Practice. The Maritime Declaration of Health
should be the only health control necessary for cruise
passengers.
3. 31 Standard. Duty-free ship's stores shall be allowed
aboard ship for cruise Passengers during the ship's stay in
port.
3. 32 Standard. Cruise passengers shall not be required to
give a written Customs Declaration.
3. 33 Recommended Practice. Cruise passengers should not be
subject to any currency control.
3. 34 Standard. Embarkation/disembarkation cards shall not be
necessary for cruise passengers.
3. 35 Recommended Practice. Except where passenger control is
based solely on the Passenger List the public authorities should
not insist on the completion of the following details on the
Passenger List:
- nationality (column 6)
- date and place of birth (column 7)
- port of embarkation (column 8)
- port of disembarkation (column 9)
E. SPECIAL MEASURES OF FACILITATION FOR PASSENGERS IN
TRANSIT
3.36 Standard. A passenger in transit who remains on board the
ship on which he arrived and departs with it shall not normally
be subjected to routine control by public authorities.
3.37 Recommended Practice. A passenger in transit should be
allowed to retain his passport or other identity document.
3.38 Recommended Practice. A passenger in transit should not
be required to complete a disembarkation/embarkation card.
3.39 Recommended Practice. A passenger in transit who is
continuing his journey from the same port in the same ship should
normally be granted temporary permission to go ashore during the
ship's stay in port if he so wishes.
3.40 Recommended Practice. A passenger in transit who is
continuing his journey from the same port in the same ship should
not be required to have a visa, except in special circumstances
determined by the public authorities concerned.
3.41 Recommended Practice. A passenger in transit who is
continuing his journey ton me same port in the same ship should
not normally be required to give a written Customs
Declaration.
3.42 Recommended Practice. A passenger in transit who leaves
the ship at one port and embarks in the same ship at a different
port in the same country should enjoy the same facilities as a
passenger who arrives and departs in the same ship at the same
port.
F. MEASURES OF FACILITATION FOR SHIPS ENGAGED IN SCIENTIFIC
SERVICES
3.43 Recommended Practice. A ship engaged in scientific
services carries personnel who are necessarily engaged on the
ship for such scientific purposes of the voyage. If so
identified, such personnel should be granted facilities at least
as favourable as those granted to the crew members of that
ship.
G. FURTHER MEASURES OF FACILITATION FOR FOREIGNERS BELONGING
TO THE CREWS OF SHIPS ENGAGED IN INTERNATIONAL VOYAGES - SHORE
LEAVE
3.44 Standard. Foreign crew members shall be allowed ashore by
the public authorities while the ship on which they arrive is in
port, provided that the formalities on arrival of the ship have
been fulfilled and the public authorities have no reason to
refuse permission to come ashore for reasons of public health,
public safety or public order.
3.45 Standard. Crew members shall not be required to hold a
visa for the purpose of shore leave.
3.46 Recommended Practice. Crew members before going on or
returning from shore leave should not normally be subjected to
personal checks.
3.47 Standard. Crew members shall not be required to have a
special permit, e.g. a shore leave pass, for the purpose of shore
leave.
3.48 Recommended Practice. If crew members are required to
carry documents of identity with them when they are on shore
leave, these documents should be limited to those mentioned in
Standard 3.10.
SECTION 4 -
ARRIVAL, STAY AND DEPARTURE OF CARGO AND OTHER ARTICLES
This section contains the provisions concerning the
formalities required by public authorities from the shipowner,
his agent or the master of the ship.
A. General
4.1 Recommended Practice. Public authorities should, with the
co- operation of shipowners and port authorities, take
appropriate measures to end that port time may be kept to a
minimum, should provide satisfactory port traffic flow
arrangements, and should frequently review all procedures in
connection with the arrival and departure of ships, including
arrangements for embarkation and disembarkation, loading and
unloading, servicing and the like and the security measures
associated therewith. They should also make to whereby cargo
ships and their loads can be entered and cleared, in so far as
may be practicable, at the ship working area.
4.2 Recommended Practice. Public authorities should, with the
co- operation of shipowners and port authorities, take
appropriate measures to end that satisfactory port traffic flow
arrangements are provided so that handling and clearance
procedures for cargo will be smooth and uncomplicated. These
arrangements should cover all phases from the time the ship
arrives at the dock for unloading and public authority clearance
and for warehousing and reforwarding of cargo if required. There
should be convenient and direct access between the cargo
warehouse and the public authority clearance area, which should
be located close to the dock area, and mechanical conveyance
should be available, where possible.
4.3 Recommended Practice. Public authorities should encourage
owners and/or operators of cargo docks and warehouses to provide
special storage facilities for cargo subject to high risk of
theft, and to protect those areas in which cargo is to be stored,
either temporarily or for long terms, prior to onward shipment or
local delivery against access by unauthorized persons.
4.4 Recommended Practice. Public authorities should provide
simplified procedures for the prompt clearance of private gift
package and trade samples not exceeding a certain value or
quantity which should be set at as high a level as possible.
B.[Text to be developed] Clearance
of export cargo
C. Clearance of import cargo
4.5 Standard. Public authorities shall, subject to compliance
with any national prohibitions or restrictions and any required
port security or narcotics control measures, grant priority
clearance to live animal, perishable goods and other consignments
of urgent nature.
4.6 Recommended Practice. Contracting Governments should
facilitate the temporary admission of specialized cargo-handling
equipment arriving by ships and used on shore at ports of call
for loading, unloading and handling cargo.
4.7 Recommended Practice. Public authorities should develop
procedures for the submission of advance information prior to
arrival of cargo in order to facilitate customs clearance.
D. Containers and pallets
4.8 Standard. Public authorities shall, subject to compliance
with their respective regulations, permit the temporary import of
containers and pallets without payment of customs duties and
other taxes charges and shall facilitate their use in maritime
traffic.
4.9 Recommended Practice. Public authorities should provide in
their regulations, referred to in Standard 4.8, for the
acceptance of a simple declaration to the effect that containers
and pallets temporarily imported will be re-exported within the
time-limit set by the State concerned.
4. 10 Standard. Public authorities shall permit containers and
pallets entering the territory of a State under the provisions of
Standard 4.8 to depart the limits of the port of arrival for
clearance of imported cargo and or loading of export cargo under
simplified control procedures and/or loading of export cargo
under simplified control procedures and with a minimum of
documentation.
4.11 Standard. Contracting Governments shall permit the
temporary importation of component parts of containers without
payment of customs duties and other taxes and charges when these
parts are needed for the repair of containers already admitted
under the terms of Standard 4.8.
E. Cargo not discharged at the port
of intended destination
4.12 Standard. Where any cargo listed on the Cargo Declaration
is not discharged at the port of intended destination, public
authorities shall permit amendment of the Cargo Declaration and
shall not impose penalties if satisfied that the cargo was not in
fact loaded on the ship, or, if loaded , was landed at another
port.
4.13 Standard. When, by error or for another valid reason, any
cargo is discharged at a port other than the port of intended
destination, public authorities shall facilitate reforwarding to
its intended destination. This provision does not apply to
dangerous, prohibited or restricted cargo.
F. Limitation of shipowner's
responsibilities.
4.14 Standard. Public authorities shall not require a
shipowner to place special information for use of such
authorities on a transport document or copy thereof, unless the
shipowner is, or is acting for, the importer or exporter.
4. 15 Standard. Public authorities shall not hold the ship
owner responsible for the presentation or accuracy of documents
which are required of the importer or exporter in connection with
the clearance of cargo, unless the shipowner is, or is acting
for, the importer or exporter.
SECTION 5 -
PUBLIC HEALTH AND QUARANTINE I NCLUDING SANITARY MEASURES FOR
ANIMALS AND PLANTS
5.1 Standard. Public authorities of a State not Party to the
International Health Regulations shall endeavour to apply the
relevant provisions for these Regulations to international
shipping.
5.2 Recommended Practice. Contracting Governments having
certain interests in common owing to their health, geographical,
social or economic conditions should conclude special
arrangements pursuant to article 98 of the International Health
Regulations when such arrangements will facilitate the
application of those Regulations.
5.3 Recommended Practice. Where Sanitary Certificates or
similar documents are required in respect of shipments of certain
animals, plants or products thereof, such certificates and
documents should be simple and widely publicized and Contracting
Governments should co-operate with a view to standardizing such
requirements.
5.4 Recommended Practice. Public authorities should whenever
practicable authorize granting of pratique by radio to a ship
when, on the basis of information received from it prior to its
arrival, the health authority for the intended port of arrival is
of the opinion that its arrival will not result in the
introduction or spread of a quarantinable. Health authorities
should as far as practicable be allowed to join a ship prior to
entry of the ship into port.
5.4.1 Standard. Public authorities shall seek the co-operation
of shipowners to ensure compliance with any requirement that
illness on a ship is to be reported promptly by radio to health
authorities for the port for which the ship is destined, in order
to facilitate provision for the presence of any special medical
personnel and equipment necessary for health procedures on
arrival.
5.5 Standard. Public authorities shall make arrangements to
enable all travel agencies and others concerned to make available
to passengers, sufficiently in advance of departure, lists of the
vaccinations required by the public authorities of the countries
concerned, as well as vaccination certificate forms conforming to
the International Health Regulations. Public authorities shall
take au possible measures to have vaccinators use the
International Certificates of Vaccination or Re-Vaccination, in
order to assure uniform acceptance.
5.6 Recommended Practice. Public authorities should provide
facilities for the completion of International Certificates of
Vaccination or Re-Vaccination as wen as facilities for
vaccination, at as many ports as feasible.
5.7 Standard. Public authorities shall ensure that sanitary
measures and health formalities are initiated forthwith,
completed without delay, and applied without discrimination.
5.8 Recommended Practice. Public authorities should maintain
at as many ports as feasible adequate facilities for the
administration of public health, animal and agricultural
quarantine measures.
5.9 Standard. There shall be maintained readily available at
as many ports in a State as feasible such medical facilities as
may be reasonable and practicable for the emergency treatment of
crews and passengers.
5.10 Standard. Except in the case of an emergency constituting
a grave danger to public health, a ship which is not infected or
suspected of being infected with a quarantinable disease, shall
not on account of any other epidemic disease be prevented by the
health authorities for a port from discharging or loading cargo
or stores or taking on fuel or water.
5.11 Recommended Practice. Shipments of animals, animal raw
materials, crude animal products, animal foodstuffs and
quarantinable plant products should be permitted in specified
circumstances when accompanied by a quarantine certificate in the
foam agreed by me States concerned.
SECTION 6 -
MISCELLANEOUS PROVISIONS
A. BONDS AND OTHER FORMS OF SECURITY
6.1 Recommended Practice. Where public authorities require
bonds or other forms of security from shipowners to cover
liabilities under the customs, immigration, public health,
agricultural quarantine or similar laws and regulations of a
State, they should permit die use of a single comprehensive bond
or other form of security wherever possible.
B. SERVICES AT PORTS
6.2 Recommended Practice. The normal services of public
authorities at a port should be provide without charge during
regular working hours. Public authorities should endeavour to
establish regular working hours for their services at ports
consistent with the usual periods of substantial work load.
6.3 Standard. Contracting Governments shall adopt all
practicable measures to organize the normal services of public
authorities at ports in order to avoid unnecessary delay of ships
after their arrival or when ready to depart and reduce the time
for completion of formalities to a minimum, provided that
sufficient notice of estimated time of arrival or departure shall
be given to the public authorities.
6.4 Standard. No charge shall be made by a health authority
for any medical examination, or any supplementary examination,
whether bacteriological or otherwise, carried out at any time of
the day or night, if such examination is required to ascertain
the health of me person examined, nor for visit to an inspection
of a ship for quarantine purposes except inspection of a ship for
the issue of a Derratting or Deratting Exemption Certificate, nor
shall a charge be made for any vaccination of a person arriving
by ship nor for a certificate thereof. However, where measures
other than these are necessary in respect of a ship or its
passengers or crew and charges are made for them by a health
authority, such charges shall be made in accordance with a single
tariff which shall be uniform to the territory concerned and they
shall be levied without distinction as to the nationality,
domicile or residence of any person concerned or as to the
nationality, flag, registry or ownership of the ship.
6.5 Recommended Practice. When the services of public
authorities are provided outside the regular working hours
referred to in Recommended Practice 5.4, they should be provided
on terms which shall be moderate and not exceed the actual cost
of the services rendered.
6.6 Standard. Where the volume of traffic at a port warrants,
public authorities shall ensure that services are provided for
the accomplishment of the formalities in respect of cargo and
baggage, regardless of value or type.
6.7 Recommended Practice. Contracting Governments should
endeavour to make arrangements whereby one Government will permit
another Government certain facilities before or during the voyage
to examine ships, passengers, crew, baggage, cargo and
documentation for customs, immigration, public health, plant and
animal quarantine purposes when such action will facilitate
clearance upon arrival in the latter State.
C. EMERGENCY ASSISTANCE
6.8 Standard. Public authorities shall facilitate the arrival
and departure of ships engaged in disaster relief work, the
combating or prevention of marine pollution, or other emergency
operations necessary to ensure maritime safety, the safety of the
population or the protection of the marine environment.
6.9 Standard. Public authorities shall, to the greatest extent
possible, facilitate the entry and clearance of persons, cargo,
material and equipment required to deal with situations described
in Standard 6.8.
6.10 Standard. Public authorities shall grant prompt customs
clearance of specialised equipment needed to implement security
measures.
D. NATIONAL FACILITATION COMMITTEES
6. 11 Recommended Practice. Each Contracting Government
should, where it considers such action necessary and appropriate,
establish a national maritime transport facilitation programme
based on the facilitation requirements of this annex and ensure
that the objective of its facilitation programme should be to
adopt all practical measures to facilitate the movement of ships,
cargo, crews, passengers, mail and stores, by removing
unnecessary obstacles and delays.
6. 12 Recommended Practice. Each Contracting Government should
establish a national maritime transport facilitation committee or
a similar national co-ordinating body, for the encouragement of
the adoption and implementation of facilitation measures, between
governmental departments, agencies and other organizations
concerned with, or responsible for, various aspects of
international maritime traffic, as well as port authorities,
shipowners and operators.
Note: In establishing a national maritime transport
facilitation committee or a similar national co-ordinating body,
Contracting Governments are invited to take into account the
guidelines set out in FAL. 5/Circ. 2.