CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC, 1965
CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC, 1965
(CONSOLIDATED TEXT, 1991)
Whole document
TABLE OF CONTENTS
Convention on Facilitation of International Maritime Traffic, 1965
Annex
Section 1 Definitions and general provisions
A. Definitions
B. General provisions
Section 2 Arrival, stay and departure of the ship
A. General
B. Contents and purpose of documents
C. Documents on arrival
D. Documents on departure
E. Measures to facilitate clearance of cargo, passengers, crew and
baggage
F. Consecutive calls at two or more ports in the same State
G. Completion of documents
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 requirements and procedures
B. Measures to facilitate clearance of cargo, passengers, crew and
baggage
C. Facilitation for ships engaged on cruises and for cruise
passengers
D. Special measures of facilitation for passengers in transit
E. Measures of facilitation for ships engaged in scientific
services
F. Further measures of facilitation for foreigners belonging to
the crews of ships engaged in international voyages-shore leave
Section 4 Public health and quarantine including sanitary measures for
animals and plants
Section 5 Miscellaneous provisions
A. Bonds and other forms of security
B. Errors in documentation and penalties therefor
C. Services at ports
D. Cargo not discharged at the port of intended destination
E. Limitation of shipowner's responsibilities
F. Emergency assistance
G. National facilitation committees
Convention on Facilitation of International Maritime Traffic, 1965
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 alterations 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 * (hereinafter called the "Organization") in
matters relating to formalities, documentary requirements and procedures,
as well as their application to international maritime traffic.
[* The name of the Organization was changed to the "International
Maritime Organization" by virtue of amendments to the Organization's
Convention which entered into force on 22 May 1982.]
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
compliance with this article is reproduced in appendix 4.]
(1) Any Contracting Government that finds it impracticable to comply
with any Standard by bringing its 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 60 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 60 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 or 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 1 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) the deposit of instruments of acceptance and accession
together with the dates 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 1-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.
Passenger 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.
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.
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 (order public),
public security or public health, such as unlawful acts against the safety
of maritime traffic and illicit trafficking in narcotic drugs and
psychotropic substances, or to prevent the introduction or spread of
disease or pests 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 items
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 in 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.
1.3 Recommended Practice. Measures and procedures imposed by
Contracting Governments for purposes of security or narcotics control
should be efficient and, where possible, utilize advance 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.
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.
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 for 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 Standard. Public authorities shall accept in place of the Cargo
Declaration a copy of the ship's manifest provided it contains at least
the information required in accordance with Recommended Practice 2.3.1 and
Standard 2.3.2 and is signed or authenticated, and dated, 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 transport document 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 Recommended Practice. 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.
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 Standard. In the Crew List, public authorities shall 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 require
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 us 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
to the original port by any means of transportation and specifying any
other conditions imposed by the authorities, should be handed over to the
shipowner or operator responsible for the removal of the stowaway. This
letter will include information required by the authorities at transit
points and at the original point of embarkation.
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, 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
¡¤ 1 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 not such change has occurred.
E. Measures to facilitate clearance of cargo, passengers, crewand baggage
2.12 Recommended Practice. Public authorities should, with the
co-operation of shipowners and port authorities, take appropriate measures
to the 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 arrangements whereby cargo ships and
their loads can be entered and cleared, in so far as may be practicable,
at the ship working area.
2.12.1 Recommended Practice. Public authorities should, with the
co-operation of shipowners and port authorities, take appropriate measures
to the 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.
2.12.2 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.
2.12.3 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.
2.12.4 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 and charges
and shall facilitate their use in maritime traffic.
2.12.5 Recommended Practice. Public authorities should provide in
their regulations, referred to in Standard 2.12.4, 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.
2.12.6 Recommended Practice. Public authorities should permit
containers and pallets entering the territory of a State under the
provisions of Standard 2.12.4 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 with a minimum of documentation.
F. 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.
G. Completion of documents
2.14 Recommended Practice. Public authorities should as far as
possible accept the documents provided for in this Annes 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 for the presentation of a passport or other
identity document of a passenger or crew member for visa or similar
purposes.
H. Special measures of facilitation for ships calling at ports inorder to put ashore sick or injured crew members, passengers or other per-sons for emergency medical treatment
2.17 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.
2.18 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.
2.19 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.
2.20 Standard. With regard to ships calling at ports for 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.
2.21 Standard. Where public authorities require the General
Declaration, this document shall not contain more information than that
mentioned in Recommended Practice 2.2.2 and, wherever possible, shall
contain less.
2.22 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.
2.23 Standard. Where guarantees or undertakings are required in
respect of costs of treatment or eventual removal or repatriation of the
persons concerned, emergency medical treatment shall not be withheld or
delayed while these guarantees or undertakings are being obtained.
2.24 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 Recommended Practice. 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.
3.4 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 passport 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 inspections 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 inspections 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 completely, 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 the 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 the 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, crewand baggage
3.11 Recommended Practice. Public authorities should, with the
co-operation of shipowners and port authorities, take appropriate measures
to the 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 are 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 arrangements 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 authorities 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 services 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. 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.
3.11.3 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.
3.11.4 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.
3.11.5 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.
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 when such examination is required.
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 inadmissible 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 co-operation with other
appropriate international organizations and which, to the greatest extent
practicable, are common to all modes of transport.
C. Facilitation for ships engaged on cruises and for cruise pas-sengers
3.16.1 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.
3.16.2 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 there
has been no change in the circumstances of the voyage.
3.16.3 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.
3.16.4 Standard. Passports or other official documents of identity
shall at all times remain in the possession of cruise passengers.
3.16.5 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.
3.16.6 Standard. Cruise passengers shall not be unduly delayed by the
control measures exercised by public authorities.
3.16.7 Standard. In general, except for security purposes and for the
purposes of establishing identity and admissibility, cruise passengers
shall not be subject to personal examination by public authorities
responsible for immigration control.
3.16.8 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 port of arrival and at the final port of
departure only.
3.16.9 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.
3.16.10 Recommended Practice. Cruise passengers who disembark at one
port and rejoin 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.
3.16.11 Recommended Practice. The Maritime Declaration of Health
should be the only health control necessary for cruise passengers.
3.16.12 Standard. Duty-free ship's stores shall be allowed aboard ship
for cruise passengers during the ship's stay in port.
3.16.13 Standard. Cruise passengers shall not be required to give a
written Customs Declaration.
3.16.14 Recommended Practice. Cruise passengers should not be subject
to any currency control.
3.16.15 Standard. Embarkation/disembarkation cards shall not be
necessary for cruise passengers.
3.16.16 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)
D. Special measures of facilitation for passengers in transit
3.17.1 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 except for security purposes.
3.17.2 Recommended Practice. A passenger in transit should be allowed
to retain his passport or other identity document.
3.17.3 Recommended Practice. A passenger in transit should not be
required to complete a disembarkation/embarkation card.
3.17.4 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.
3.17.5 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.
3.17.6 Recommended Practice. A passenger in transit who is continuing
his journey from the same port in the same ship should not normally be
required to give a written Customs Declaration.
3.17.7 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.
E. Measures of facilitation for ships engaged in scientific ser-vices
3.18 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.
F. Further measures of facilitation for foreigners belonging tothe crews of ships engaged in international voyages-shore leave
3.19 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.
3.19.1 Standard. Crew members shall not be required to hold a visa for
the purpose of shore leave.
3.19.2 Recommended Practice. Crew members before going on or returning
from shore leave should not normally be subjected to personal checks.
3.19.3 Standard. Crew members shall not be required to have a special
permit, e.g. a shore leave pass, for the purpose of shore leave.
3.19.4 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-Public health and quarantine including sanitary measuresfor animals and plants
4.1 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.
4.2 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.
4.3 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.
4.4 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
disease. Health authorities should as far as practicable be allowed to
join a ship prior to entry of the ship into port.
4.4.1 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.
4.5 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 all possible measures to have
vaccinators use the International Certificates of Vaccination or
Re-Vaccination, in order to assure uniform acceptance.
4.6 Recommended Practice. Public authorities should provide facilities
for the completion of International Certificates of Vaccination or
Re-Vaccination as well as facilities for vaccination, at as many ports as
feasible.
4.7 Standard. Public authorities shall ensure that sanitary measures
and health formalities are initiated forthwith, completed without delay,
and applied without discrimination.
4.8 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.
4.9 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.
4.10 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.
4.11 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 form agreed by the States concerned.
Section 5-Miscellaneous provisions
A. Bonds and other forms of security
5.1 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 the use of a single
comprehensive bond or other form of security wherever possible.
B. Errors in documentation and penalties therefor
5.2 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.
5.3 Standard. If errors are found in documents provided for in this
Annex, which have been signed by or on behalf of a shipowner 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.
C. Services at ports
5.4 Recommended Practice. The normal services of public authorities at
a port should be provided without charge during normal working hours.
Public authorities should establish normal working hours for their
services at ports consistent with the usual periods of substantial
workload.
5.4.1 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.
5.4.2 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 the person
examined, nor for visit to an inspection of a ship for quarantine purposes
except inspection of a ship for the issue of a Deratting 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 charge 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.
5.4.3 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.
5.5 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.
5.6 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.
D. Cargo not discharged at the port of intended destination
5.7 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.
5.8 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.
E. Limitation of shipowner's responsibilities
5.9 Standard. Public authorities shall not require a shipowner to
place special information for use of such authorities on a bill of lading
or a copy thereof, unless the shipowner is, or is acting for, the importer
or exporter.
5.10 Standard. Public authorities shall not hold the shipowner
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.
F. Emergency assistance
5.11 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.
5.12 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 5.11.
G. National facilitation committees
5.13 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.
5.14 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.
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