Facilitation Convention Fal 2011
Facilitation Convention Fal 2011
Facilitation Convention Fal 2011
Annex 1, page 1
ANNEX 1
RESOLUTION FAL.12(40)
RECALLING FURTHER the functions which the Convention confers upon the Facilitation
Committee for the consideration and adoption of amendments to the Convention,
HAVING CONSIDERED, at its fortieth session, amendments to the annex to the Convention
proposed and circulated in accordance with article VII(2)(a) thereof,
ANNEX
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, cargo transport units
not carried under a contract of carriage with a shipper, crew's effects and passengers'
accompanied baggage.
Cargo transport unit (CTU). A freight container, swap-body, vehicle, railway wagon or any
other similar unit.
(c) Permit a ship to enter or depart a port within the territory of a State.
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.
ISPS Code. The "International Ship and Port Facility Security (ISPS) Code" adopted
on 12 December 2002 by resolution 2 of the Conference of Contracting Governments to the
International Convention for the Safety of Life at Sea, 1974 (SOLAS), as may be amended by
the Organization.
Manifest. Document recapitulating the various data from bills of lading and other transport
documents issued for the carriage of goods on board ships.
Passenger in transit. A passenger who arrives by ship from a foreign country for the purpose
of continuing his/her 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/her personal possession or
not, so long as it is not carried under a contract of carriage of goods or other similar
agreement.
Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is
normally used for the loading, unloading, repair and anchoring of ships, or any other place at
which a ship can call.
Postal items. Correspondence and other objects tendered to be carried by a ship for carriage
by postal administrations and intended for delivery to postal administrations in the ship's
ports of call.
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.
Ship agent. The party representing the ship's owner and/or charterer (the Principal) in port.
If so instructed, the agent is responsible to the Principal for arranging, together with the port,
a berth, all relevant port and husbandry services, tending to the requirements of the Master
and crew, clearing the ship with the port and other authorities (including preparation and
submission of appropriate documentation) along with releasing or receiving cargo on behalf
of the Principal.
*
Reference is made to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 1988 (SUA Convention), the International Ship and Port Facility Security Code (ISPS Code)
and the International Convention for the Safety of Life at Sea, 1974 (SOLAS), chapter XI-2.
Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal
entity, and any person other than the ship agent acting on behalf of the owner or operator.
Ship's documents. Certificates and other documents which must be made available by a
ship's master in order to demonstrate the vessel's ship's compliance with international or
national regulations.
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 into 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.
Shipper. The party named on the bill of lading or waybill as shipper and/or who concludes a
contract of carriage (or in whose name or on whose behalf a contract of carriage has been
concluded) with a carrier. The shipper is known also as the sender.
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.
Single Window. A facility that allows submission of standardized information covered by the
Convention to a single entry point.
Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on
the ship, without the consent of the shipowner or the master or any other responsible person
and who is detected on board the ship after it has departed from a port, or in the cargo while
unloading it in the port of arrival, and is reported as a stowaway by the master to the
appropriate authorities.
Temporary admission. The Ccustoms procedure under which certain goods can be brought
into a Ccustoms territory conditionally relieved, totally or partially, from payment of import
duties and taxes and without application of import prohibitions or restrictions of economic
character; such goods must be imported for a specific purpose and must be intended for
re-exportation within a specified period and without having undergone any change except
normal depreciation owing to the use made of them.
Time of arrival. Time when a ship first comes to rest, whether at anchor or at a dock, in a port.
Transport document. Information evidencing a contract of carriage between a shipowner and
a consignor shipper, 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, 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.
1.1.1 Recommended Practice. Public authorities should take into account the facilitation
implications which may result from the introduction of systems for the electronic exchange of
information[, 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 that are to be submitted by the same party to be combined into one in any case in
which this is practicable and in which an appreciable degree of facilitation would result.
1.3bis Standard. Public authorities shall take all necessary measures for the establishment
of systems for the electronic exchange of information by 8 April 2019.
1.3ter Standard. Public authorities, when introducing systems for the electronic exchange
of information to assist clearance processes, shall provide shipowners and other parties
concerned with the necessary information about the systems requirements and give an
adequate period of transition before the use of the systems are made mandatory. A period of
no less than 12 months for transition to the mandatory use of the systems shall be provided
from the date of the introduction of such systems.
1.3quart Recommended Practice. Public authorities should, for a transitional period, allow
for the submission of required information for clearance processes in both electronic and
paper form.
Consideration should also be given to such a Single Window serving as the mechanism
through which the public authorities communicate decisions and other information covered
by this Convention.
1.4 Standard. When introducing systems for the electronic exchange of information
required by public authorities for the arrival, stay and departure of the ship, persons and
cargo to facilitate clearance processes, Contracting Governments shall encourage public
authorities and other parties concerned (shipowners, handling companies, seaports, and/or
cargo agents, etc.) to exchange data in conformity with the relevant UN standards, including
UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT)
standards, or the XML standards.
1.5 Standard. Public authorities shall accept any of the documents required for
clearance processes in paper form, when produced by data processing techniques on plain
paper, provided that they are legible, conform to the layout of the documents in the
FAL Convention and contain the required information.
1.6 Standard. Public authorities, when introducing systems for the electronic exchange
of information for clearance processes, shall limit the information they require from
shipowners and other parties concerned to that required by the FAL Convention.
1.6bis Standard. When introducing systems for the electronic exchange of information
required by public authorities for the arrival, stay and departure of the ship, persons and
cargo to facilitate clearance processes, Contracting Governments shall encourage public
authorities and other parties concerned (shipowners, handling companies, seaports, and/or
cargo agents, etc.) to exchange data in conformity with the relevant UN Standards, including
UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT)
Standards, or other internationally agreed Standards, such as the XML Standard.
1.7 Recommended Practice. When planning for, introducing or modifying systems for
the electronic exchange of information for clearance processes, public authorities should:
(a) afford all interested parties, from the outset, the opportunity for
consultation;
(b) evaluate existing procedures and eliminate those which are unnecessary;
(f) take appropriate steps to minimize the cost of implementing these systems
to operators and other private parties; and
(g) give attention to the desirability of obtaining compatibility with other relevant
information systems.
1.8 Standard. Public authorities, when introducing systems for the electronic exchange
of information to assist clearance processes, shall encourage their use by maritime operators
and other parties concerned but shall not reduce levels of service available to operators who
do not use such systems.
E. Control techniques
1.11 Standard. Public authorities shall use risk management to enhance their border
control procedures related to:
*
Since 1994 known as the World Customs Organization.
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 carrieddocuments made available 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.
General Declaration
Cargo Declaration
Crew List
Passenger List
The document required under the Universal Postal Convention for mail
2.1.1 Standard. Contracting Governments shall not require consular formalities, charges
or fees in connection with documents for the clearance of ships, including the electronic
submission of documents.
*
See FAL.2/Circ.123-MEPC.1/Circ.769-MSC.1/Circ.1409FAL.2/Circ.127-MEPC.1/Circ.817-MSC.1/Circ.1462.
2.1.3 Recommended Practice. National legislation should specify the conditions for the
lodgement of pre-arrival and pre-departure information. With regard to the point in time of
transmission of the pre-arrival information, it should not normally be setsubstantially before
the moment the ship has left the country of departure. However, national legislation could, in
addition to the basic rule, also specify the exceptions if the time required for the voyage
shorter than the basic rulefrom this principle where required, e.g. for voyages of short
duration.
2.1.3bis Recommended Practice. Public authorities should, for the submission of advance
electronic cargo information for customs risk assessment purposes, take into account the
time limits specified in the WCO SAFE Framework of Standards.
2.1.4 Recommended Practice. Public authorities should not require the lodgement of a
separate General Declaration, Cargo Declaration, Crew List, and Passenger List and
Dangerous Goods Manifest if the data elements contained in these documents are included
in the pre-arrival or pre-departure information or in the ship's manifest.
a) develop systems for the electronic transmission of data for the lodgement
of pre-arrival and pre-departure information; and
2.2 Standard. The General Declaration shall be the basic document on arrival and
departure providing data required by public authorities relating to the ship.
2.2.2 Recommended Practice. In the General Declaration, public authorities should not
require more than the following data:
call sign
voyage number
name of master
number of crew
number of passengers
port of arrival/ordeparture
2.2.3 Standard. Public authorities shall accept that the General Declaration is 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 data 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 data:
(a) on arrival
name of master
call sign
voyage number
port of loading
*
Convention on the Harmonized Commodity Description and Coding System: also known as the
"Harmonized system" (HS). This international Convention came into force on 1 January 1988; its objective
is to establish a description and coding system for use by Ccustoms administrations when designating
commodities or commodity groups for the purposes of setting Ccustoms tariffs and collecting statistics.
(b) on departure
name of master
call sign
voyage number
port of discharge
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 that the Cargo Declaration is either dated
and signed by the master, the shipowner issuing the transport document, 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.
2.3.5 Standard. Public authorities shall 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 that the Ship's Stores Declaration is 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 that the Crew's Effects Declaration is
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 or she
is unable to do so, his mark, against the declaration relating to his effects. For the purpose of
onboard verification, the public authorities may also require each crew member to sign or
verify in a manner acceptable to the public authorities the declaration relating to his/her
personal effects.
2.6 Standard. The Crew List shall be the basic document required by public authorities
containing data 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 data:
call sign
voyage number
family name
given names
nationality
rank or rating
gender
2.6.2 Standard. Public authorities shall accept that the Crew List is 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.
2.7 Standard. The Passenger List shall be the basic document required by public
authorities containing the data relating to passengers on the arrival and departure of a ship.
call sign
voyage number
family name
given names
nationality
date of birth
place of birth
gender
port of embarkation
port of disembarkation
2.7.4 Recommended Practice. A list compiled by the shipowners 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 PracticeStandard 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 that the Passenger List is 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.
2.8 Standard. The Dangerous Goods Manifest shall be the basic document providing
public authorities with the information regarding dangerous goods.
2.8.1 Standard. In the Dangerous Goods Manifest public authorities shall not require
more than the following information:
name of ship
IMO number
call sign
voyage number
master's name
port of loading
port of discharge
booking/reference number
UN Number
class/(subsidiary risk(s))
packing group
subsidiary risk(s)
marine pollutant
EmS
shipping agent.
2.9 Standard. Public authorities shall not require on arrival or departure of the ship any
written declaration in respect of postal items other than that prescribed in the Universal
Postal Convention, provided the latter is actually produced. In the absence of such a
document, the postal objects (number and weight) must be shown in the Cargo Declaration.
2.10 Standard. The Maritime Declaration of Health shall be the basic document
containing the data 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
2.11 Standard. In respect of a ship's arrival in port, public authorities shall not require
more than:Until the expiration of the transitional period referred to in Standard 1.3ter, public
authorities shall in respect of a ship's arrival in port not require more than:
1 copy of the Advanced Notification Form for Waste Delivery to Port Reception
Facilities when communicated to the Organization.
Upon expiration of the transitional period, paper copies shall not be required except in case
of force majeure where means of electronic transmission are unavailable.
D. Documents on departure
2.12 Standard. In respect of a ship's departure from port, public authorities shall not
require more than:Until the expiration of the transitional period referred to in Standard 1.3ter,
public authorities shall in respect of a ship's departure from port not require more than:
Upon expiration of the transitional period, paper copies shall not be required except in case
of force majeure where means of electronic transmission are unavailable.
2.12.1 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.
2.12.3 Standard. Where public authorities require information about the crew of a ship on
its departure from the port, one of the copies of the Crew List presented on arrival at the port
shall be accepted on departure, provided it is signed again by the master or an officer duly
authorized by him/her, and endorsed or authenticated in a manner acceptable to the public
authority concerned, to indicate any change in the number or composition of the crew at the
time of the ship's departure or to indicate that no such change has occurred during the ship's
stay in the port.
2.14 Recommended PracticeStandard. 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, shipowners shall only
be obligated to submit required information once to the public authorities of a State. Tthe
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 shouldshall be kept
to a minimum.
F. Completion of documents
2.15 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 data 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.
2.16 Standard. If public authorities require documents in paper form, they shall accept
documents conveyed by any legible and understandable medium, including documents
handwritten in ink or indelible pencil or produced by the use of information technology.
2.16.1 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 that is acceptable to the
public authority concerned and which facilitates the electronic submission of the information
by the parties concerned irrespective of their residence.
2.17 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.
2.18 Standard. Public authorities shall, without delaying the ship, allow correction of
errors 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.
*
Numbers in the 2.13 series are reserved for future use.
2.19 Standard. If errors are found in documents provided for in this annexthe data
transmitted as provided for in appendix 1 of 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 the laws or regulations of the port State.
2.19bis Standard. Public authorities shall allow for amendments to information already
submitted in accordance with applicable laws and regulations.
2.20 Standard. Public authorities shall seek the cooperation 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, persons rescued at sea, 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 of
the persons.
2.21 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.
2.22 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.
2.23 Standard. With regard to ships calling at ports for this purpose and intending to
leave again immediately, public authorities shall not normallyrequire the documents
mentioned in Standard 2.1 with the exception of the Maritime Declaration of Health, and, if it
is indispensable, the General Declaration. Public authorities shall in such situations waive the
time limits for the submission of the documents.
2.24 Standard. Where public authorities require the General Declaration, this document
shall not contain more data than those mentioned in Recommended Practice 2.2.2 and,
wherever possible, shall contain less.
2.25 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.
2.27 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.
This section contains the provisions concerning the formalities required by public authorities
from crew and passengers on the arrival or departure of a ship.
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.
3.2 Standard. Public authorities shall 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.
3.3.1 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* 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 information. The covering letter and its attachment shall
be handed over 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 the original point of
embarkation.
3.3.2 Standard. Contracting Governments shall accept for examination a person being
returned from his/her point of disembarkation after having been found inadmissible if this
person had embarked in their territory. Contracting Governments shall not return such a
person to the country where he or she was earlier found to be inadmissible.
3.3.3 Standard. Before passengers and crew are accepted for examination as to their
admissibility into the State, responsibility for their custody and care shall remain with the
shipowner.
3.3.4 Recommended Practice. After acceptance of passengers and crew for examination,
whether conditional or unconditional and if the persons concerned are under the physical
control of the public authorities, the public authorities should be responsible for their custody
and care until they are admitted for entry or are found to be inadmissible.
*
A possible format for a covering letter is given in appendix 2.
3.3.5 Standard. The obligation of a shipowner to transport any person away from the
territory of a State shall terminate from the moment such a person has been definitely
admitted into that State.
3.3.6 Standard. Where a person is found to be inadmissible, the public authorities shall,
without unreasonable delay, inform the shipowner and consult the shipowner regarding the
arrangements for removal. The shipowner is responsible for the costs of stay and removal of
an inadmissible person and, in the case where the person is transferred back to the custody
of the shipowner, the shipowner shall be responsible for effecting his/her prompt removal to:
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.
family name
given names
nationality
date of birth
place of birth
occupation
port of embarkation/disembarkation
gender
destination address
signature.
3.7 Standard. In cases where evidence of protection against yellow fever 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.
3.10.1 Standard. In the seafarer's identity document, public authorities shall not require
more than the following information:
family name
given names
gender
nationality
physical characteristics
photograph (authenticated)
signature
(b) passing in transit to join his/her 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.
(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; and
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;
(c) providing for ladders or other means of boarding to be rigged while the ship
is en route to berth or anchorage; and
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 persons
present on board a ship for examination as to their admissibility into the State.
3.15.1 Standard. Public authorities shall encourage shipowners to take precautions at the
point of embarkation with a view to ensuring that passengers are in possession of any control
documents prescribed by the receiving or transit States.
3.15.2 Standard. When a person is found to be inadmissible and is removed from the
territory of the State, the shipowner shall not be precluded from recovering, from such a
person, any costs arising from his/her inadmissibility.
*
Reference is made to Recommended Practice 11 and appendix II of Annex F3 of the Kyoto Convention.
3.15.3 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 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.
3.16 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.
3.21 Recommended Practice. For cruise ships, the General Declaration, the Passenger
List and the Crew List should 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.
3.22 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 aany port within the Contracting
Government's territory 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.
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 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.
3.27 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 port of
arrival and at the final port of departure only.
3.29 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.
3.30 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 normally be required to provide a written
declaration for their personal effects. However, in the case of articles which involve a high
amount of customs duties and other taxes and charges, a written declaration and a security
may be required.
3.33 Recommended Practice. Cruise passengers should not be subject to any currency
control.
3.36 Standard. A passenger in transit who remains on board the ship on which he or she
arrived and departs with it shall not normally be subjected to routine control by public
authorities except for security purposes orin extraordinary circumstances determined by the
public authorities concerned.
3.38 Recommended Practice. A passenger in transit who remains on board the ship on
which he or she arrived and departs with it should not be required to complete a
disembarkation/ embarkation card.
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.
3.44 Standard. Foreign cCrew 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. Shore
leave shall be allowed in a manner which excludes discrimination such as on the grounds of
nationality, race, colour, sex, religion, political opinion, or social origin and irrespective of the
flag State of the ship on which they are employed, engaged or work.
3.44bis Standard. In any case where permission for shore leave has been refused, the
relevant public authorities shall communicate their reasons for shore leave denial to the
seafarer concerned and the master. If requested by the seafarer concerned or the master,
such reasons shall be provided in writing.
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.
Section 4 – Stowaways
A. General Principles
4.1 Standard. The provisions in this section shall be applied in accordance with
international protection principles as set out in international instruments, such as the
UN Convention relating to the Status of Refugees of 28 July 1951 and the UN Protocol
relating to the Status of Refugees of 31 January 1967, and relevant national legislation.*
4.2 Standard. Public authorities, port authorities, shipowners and their representatives
and shipmastersmasters shall cooperate to the fullest extent possible in order to prevent
stowaway incidents and to resolve stowaway cases expeditiously and secure that an early
return or repatriation of the stowaway will take place. All appropriate measures shall be taken
in order to avoid situations where stowaways must stay on board ships indefinitelyfor an
unreasonable amount of time.
B. Preventive measures
4.3.1.1 Standard. Contracting Governments shall ensure that the necessary infrastructure,
and operational and security arrangements for the purpose of preventing persons attempting
to stowaway on board ships from gaining access to port installations and to ships, are
established in all their ports, taking into consideration when developing these arrangements
the size of the port, and what type of cargo is shipped from the port. This should be done in
close cooperation with relevant public authorities, shipowners and shoreside entities, with the
aim of preventing stowaway occurrences in the individual port.
(b) establishment of special storage facilities for cargo subject to high risk of
access of stowaways, and continuous monitoring of both persons and
cargo entering these areas;
*
In addition, public authorities may wish to consider the non-binding conclusion of the UNHCR Executive
Committee on Stowaway Asylum-Seekers (1988, No. 53 (XXXIX)).
(i) encouragement of stevedores and other persons working in the port area to
report to the port authorities, the presence of any persons apparently not
authorized to be in the port area.
4.3.2 Shipowner/ShipmasterMaster
4.3.2.1 Standard. Contracting Governments shall require that shipowners and their
representativesin the port,the masters, as well as other responsible persons have security
arrangements in place which, as far as practicable, will prevent intending stowaways from
getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship
leaves port.
4.3.2.2 Recommended Practice. When calling at ports and during stay in ports, where
there is risk of stowaway embarkation, securityoperational arrangements and/or ship security
plans should at least contain the following preventive measures:be equivalent to those
contained in the relevant text of paragraph B/9 of the ISPS Code.
all doors, hatches and means of access to holds or stores, which are not used during the
ships stay in port should be locked;
access points to the ship should be kept to a minimum and be adequately secured;
boardings and disembarkations should, where possible, be tallied by the ships crew or, after
agreement with the shipmaster, by others;
adequate means of communication should be maintained; and
at night, adequate lighting should be maintained both inside and along the hull.
4.3.2.3 Standard. Contracting Governments shall require that ships entitled to fly their flag,
except passenger ships, when departing from a port, where there is risk of stowaway
embarkation, have undergone a thorough search in accordance with a specific plan or
schedule, and with priorities given to places where stowaways might hide taking into account
the specific ship type and its operations. Search methods, which are likely to harm secreted
stowaways shall not be used.
4.3.2.4 Standard. Contracting Governments shall require that fumigation or sealing of ships
entitled to fly their flag may not be carried out until a search which is as thorough as
possiblepracticable of the areas to be fumigated or sealed has taken place in order to
ensure that no stowaways are present in those areas.
4.4.1 Standard. Stowaway incidents shall be dealt with consistent with humanitarian
principles, including those mentioned in Standard 4.1. Due consideration must always be
given to the operational safety of the ship and the safety and wellbeing of the stowaway.
4.5.1 Standard. Stowaways shall not be requiredpermitted to work on board the ship,
except in emergency situations or in relation to the stowaway's accommodation and
provisioning on board.
4.6.2 Recommended Practice. When gathering relevant details for notification, the
shipmastersmasters should use the form as specified in appendix 3.
4.8 Standard. Public authorities shall urge all shipowners operating ships entitled to fly
their flag to instruct their masters not to deviate from the planned voyage to seek the
disembarkation of stowaways discovered on board the ship after it has left the territorial
waters of the country where the stowaways embarked, unless:
attempts to disembark in other ports on the planned voyage have failed and
deviation is necessary in order to avoid that the stowaway remain on board for a
significant period of time.
4.9 The State of the first port of call according to the voyage plan
4.9.1 Standard. Public authorities in the country of the ship's first scheduled port of call
after discovery of a stowaway shall decide in accordance with national legislation whether
the stowaway is admissible to that State and shall do their utmost to cooperate with the
parties involved in resolving the issue.
4.9.2 Standard. Public authorities in the country of the ship's first scheduled port of call
after discovery of a stowaway shall allow disembarkation of the stowaway, when the
stowaway is in possession of valid travel documents for return, and the public authorities are
satisfied that timely arrangements have been or will be made for repatriation and all the
requisites for transit fulfilled.
the presence on board of the stowaway would endanger the safe operation of
the ship, the health of the crew or the stowaway.
4.10.1 Standard. When disembarkation of a stowaway has failed in the first scheduled port
of call after discovery of the stowaway, public authorities of the subsequent ports of call shall
examine the stowaway as for disembarkation in accordance with Standards 4.9.1, 4.9.2
and 4.9.3.
4.11.1 Standard. Public authorities shall in accordance with international law accept the
return of stowaways with full nationality/citizenship status or accept the return of stowaways
who in accordance with their national legislation have a right of residence in their State.
4.11.2 Standard. Public authorities shall, when possible, assist in determining the identity
and nationality/citizenship of stowaways claiming to be a national or having a right of
residence in their State. Where possible, the local embassy, consulate or other diplomatic
representation of the country of the stowaway's nationality will be required to assist in
verifying the stowaway's nationality and providing emergency travel documentation.
4.12.1 Standard. When it has been established to their satisfaction that stowaways have
embarked a ship in a port in their State, public authorities shall accept for examination such
stowaways being returned from their point of disembarkation after having been found
inadmissible there. The public authorities of the State of embarkation shall not return such
stowaways to the country where they were earlier found to be inadmissible.
4.12.2 Standard. When it has been established to their satisfaction that attempted
stowaways have embarked a ship in a port in their State, public authorities shall accept
disembarkation of attempted stowaways, and of stowaways found on board the ship while it
is still in their territorial waters or if applicable according to the national legislation of that
State in the area of immigration jurisdiction of that State. No penalty or charge in respect of
detention or removal costs shall be imposed on the shipowner.
4.12.3 Standard. When an attempted stowaway has not been disembarked at the port of
embarkation he/she is to be treated as a stowaway in accordance with the regulation of this
section.
4.13.1 Standard. The public authorities of the flag State of the ship shall assist and
cooperate with the master/shipowner or the appropriate public authority at ports of call in:
4.14.2 Recommended Practice. Public authorities in the State where the stowaway has
disembarked should contact the relevant public authorities at transit points during the return
of a stowaway, in order to inform them of the status of the stowaway. In addition public
authorities in countries of transit during the return of any stowaway should allow, subject to
normal visa requirements and national security concerns, the transit through their ports and
airports of stowaways travelling under the removal instructions or directions of public
authorities of the country of the port of disembarkation.
4.15.1 Recommended Practice. The public authorities of the State where a stowaway has
been disembarked should generally inform the shipowner, on whose ship the stowaway was
found, or his representative, as far as practicable, of the level of cost of detention and return
and any additional costs for the documentation of the stowaway, if the shipowner is to cover
these costs. In addition, public authorities should cooperate with the shipowner to keep such
costs to a minimum as far as practicable and according to national legislation, if they are to
be covered by the shipowner.
4.15.2 Recommended Practice. The period during which shipowners are held liable to
defray costs of maintenance of a stowaway by public authorities in the State where the
stowaway has been disembarked should be kept to a minimum.
This section contains the provisions concerning the formalities required by public authorities
from the shipowner, his/her agent or the master of the ship.
A. General
5.3bis Recommended Practice. Public authorities should require only a minimum of data
necessary for the identification of the cargo that is to be placed in storage prior to release or
re-export or importation, and should, whenever available, use the information contained in
the pre-arrival declaration for this purpose.
5.4 Standard. A Contracting Government which continues to require export, import and
transhipment licences or permits for certain types of goods shall establish simple procedures
whereby such licences or permits can be obtained and renewed rapidly.
5.5 Recommended Practice. When the nature of a consignment could attract the
attention of different agencies authorized to carry out inspections, such as Ccustoms and
veterinary or sanitary controllers, Contracting Governments should authorize either
Ccustoms or one of the other agencies to carry out the required procedures or, where that is
not feasible, take all necessary steps to ensure that such clearance is inspections are carried
out simultaneously at one place and with a minimum of delay and whenever possible carried
out upon prior coordination with the party having custody of the consignment.
B. Clearance of cargo
5.7 Standard. Public authorities shall, subject to compliance with any national
prohibitions or restrictions and any measures required for port security or the prevention of
trafficking of narcotics, grant priority clearance to live animals, perishable goods and other
consignments of an urgent nature.
5.10 Recommended Practice. Public authorities should provide procedures for the
clearance of cargo based on the relevant provisions of and associated guidelines to the
International Convention on the simplification and harmonization of Customs procedures –
the revised Kyoto Convention.
(c) submission of a single goods declaration for all imports or exports in a given
period where goods are imported or exported frequently by the same person.
5.11 Standard. Public authorities shall limit physical interventions to the minimum
necessary to ensure compliance with theapplicable law.
5.13 Standard. Public authorities shall ensure that requirements for collection of statistics
do not significantly reduce the efficiency of maritime trade.
5.14 Recommended Practice. Public authorities should use systems for the electronic
exchange of information for the purposes of obtaining information in order to accelerate and
simplify storage, clearance and re-export processes.
5.17 Standard. Public authorities shall permit freight containers, andpallets and freight
container equipment and accessories entering the territory of a State under the provisions of
Standard 5.15 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.
5.19 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.
5.20 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 reloading or
onward movementre-forwarding to its intended destination. This provision does not apply to
dangerous,prohibited or restricted cargo.
5.21 Standard. Public authorities shall not require a shipowner to place special
information for use of such authorities on a transport document or a copy thereof, unless the
shipowner is, or is acting for, the importer or exporter.
5.22 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.
5.23 Standard. The shipowner shall be obliged to provide the information regarding the
entry or exit of goods known to the shipowner at the time of lodging such data and as set out
in the transport document that evidences the bill of lading. Thus, the shipowner can base the
lodgement on data provided by the shipper customer, unless the shipowner has reason to
believe that the data provided is untrue.
Section 6 – Public health and quarantine, including sanitary measures for animals
and plants
6.1 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.
6.4.1 Standard. Public authorities shall seek the cooperation of shipowners to ensure
compliance with any requirement that illness on a ship is to be reported promptly by
radioelectronic means 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.
6.5 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.
6.6 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.
6.7 Standard. Public authorities shall ensure that sanitary measures and health
formalities are initiated forthwith, completed without delay, and applied without discrimination.
6.8 Recommended Practice. To ensure, inter alia, efficient maritime traffic, Ppublic
authorities should maintain, at as many ports as feasible, adequate facilities for the
administration of public health, animal and agricultural quarantine measures.
6.9 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.
6.10 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.
7.1 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. Services at ports
7.2 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.
7.4 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 the person examined, nor for visit to and inspection of a ship for quarantine
purposes except inspection of a ship for the issue of a De-ratting or De-ratting exemption
CertificateShip Sanitation Control Certificate or Ship Sanitation Control 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.
7.5 Recommended Practice. When the services of public authorities are provided
outside the regular working hours referred to in Recommended Practice 7.2, they should be
provided on terms which shall be moderate and not exceed the actual cost of the services
rendered.
7.6 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.
C. Emergency assistance
7.8 Standard. Public authorities shall facilitate the arrival and departure of ships
engaged in:
the rescue of persons in distress at sea in order to provide a place of safety for
such persons;
7.9 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 7.8.
7.10 Standard. Public authorities shall grant prompt customs clearance of specialized
equipment needed to implement security measures.
APPENDIX 1
GENERAL DECLARATION
(IMO FAL Form 1)
Arrival Departure
1.1 Name and type of ship 1.2 IMO number
4. Flag State of ship 5. Name of master 6. Last port of call/Next port of call
7. Certificate of registry (Port; date; number) 8. Name and contact details of ship's agent
Attached documents
(indicate number of copies)
CARGO DECLARATION
(IMO FAL Form 2)
Page Number
Arrival Departure
1.1 Name of ship 1.2 IMO number
1.3 Call sign1.3 Voyage number 1.3 Voyage number2. Port where report is made
2. Port where report is made 3. Flag State of ship 3. Flag State of ship4. Name of master
B/L 6. Marks and 7. Number and kind of packages; 8. Gross weight 9. Measurement
No.* Numbers description of goods, or, if available, the HS
Code
*
Transport document number. Also state original ports of shipment in respect to goods shipped on
multimodal transport document or through bills of lading.
Page Number
Arrival Departure
Page Number
*
e.g. wines, spirits, cigarettes, tobacco, etc.
CREW LIST
(IMO FAL Form 5)
2. Port of arrival/departure 3. Date of arrival/departure 4. Flag State of ship 5. Last port of call
6. No. 7. Family 8. Given 9. Rank or 10. Nationality 11. Date 12. 13. 14. Nature 15. 16. Issuing State of 17. Expiry date of
name, names rating and Place Gender and number Number of identity identity document identity document
given place of of of identity document
names birth birth document
PASSENGER LIST
(IMO FAL Form 6)
5. 6. 7. 8. Date 9. Place 10. Gender 11. Type of 12. Serial 13. 14. 15. Port of 16. 17. Port of 18. Transit
Family Given Nationality and place of birth identity or number of Issuing State of Expiry date of embarkation Visa disembarkation passenger
name, names of birth travel identity or identity or identity or travel number if or not
given document travel travel document appropriate
names document document
Page
Number
1.4 Voyage number 2. Flag State of ship 3. Port of loading 4. Port of discharge
***