Convention on
Facilitation of International Maritime Traffic
(London, 9 April
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.
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 (hererinafter called the
"Secretary-General"):
(a) Upon the express request of a
Contracting Government, the Secretary-General shall communicate any
such proposal directly to all Contracting Governments for their
consideration and acceptance. If he receives no such express
request, the Secretary-General may proceed to such consultations as
he deems advisable before communicating the proposal to the
Contracting Governments;
(b) Each Contracting Government shall
notify the Secretary-General within one year from the receipt of any
such communication whether or not it accepts the proposal;
(c) Any such notification shall be made
in writing to the Secretary-General who shall inform all Contracting
Governments of its receipt;
(d) Any amendment to the Annex under
this paragraph shall enter into force six months after the date on
which the amendment is accepted by a majority of the Contracting
Governments;
(e) The Secretary-General shall inform
all Contracting Governments of any amendment which enters into force
under this paragraph, together with the date on which such amendment
shall enter into force.
(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
(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 insofar as practicable.
As soon as any Contracting Government brings its own formalities,
documentary requirements and procedures into accord with any
Recommended Practice, it shall notify the Secretary-General
thereof.
(4) The Secretary-General shall inform
the Contracting Governments of any notification made to him in
accordance with the preceding paragraphs of this Article.
Article IX
The Secretary-General shall convene a
conference of the Contracting Governments for revision or amendment
of the present Convention at the request of not less than one-third
of the Contracting Governments. Any revision or amendments shall be
adopted by a two-thirds majority vote of the Conference and then
certified and communicated by the Secretary-General to all
Contracting Governments for their acceptance. One year after the
acceptance of the revision or amendments by two-thirds of the
Contracting Governments, each revision or amendment shall enter into
force for all Contracting Governments except those which, before its
entry into force, make a declaration that they do not accept the
revision or amendment. The Conference may by a two-thirds majority
vote determine at the time of its adoption that a revision or
amendment is of such a nature that any Contracting Government which
has made such a declaration and which does not accept the revision
or amendment within a period of one year after the revision or
amendment enters into force shall, upon the expiration of this
period, cease to be a party to the Convention.
Article X
(1) The present Convention shall remain
open for signature for six months from this day's date and shall
thereafter remain open for accession.
(2) The Governments of States Members
of the United Nations, or of any of the specialized agencies, or the
International Atomic Energy Agency, or Parties to the Statute of the
International Court of Justice may become Parties to the present
Convention by:
(a) signature without reservation as to
acceptance;
(b) signature with reservation as to
acceptance followed by acceptance; or
(c) accession.
Acceptance or accession shall be
effected by the deposit of an instrument with the
Secretary-General.
(3) The Government of any State not
entitled to become a Party under paragraph 2 of this Article may
apply through the Secretary-General to become a Party and shall be
admitted as a Party in accordance with paragraph 2, provided that
its application has been approved by two-thirds of the Members of
the Organization other than Associate Members.
Article XI
The present Convention shall enter into
force sixty days after the date upon which the Governments of at
least ten States have either signed it without reservation as to
acceptance or have deposited instruments of acceptance or accession.
It shall enter into force for a Government which subsequently
accepts it or accedes to it sixty days after the deposit of the
instrument of acceptance or accession.
Article XII
Three years after entry into force of
the present Convention with respect to a Contracting Government,
such Government may denounce it by notification in writing addressed
to the Secretary-General who shall notify all Contracting
Governments of the content and date of receipt of any such
notification. Such denunciation shall take effect one year, or such
longer period as may be specified in the notification, after its
receipt by the Secretary-General.
Article XIII
(1) (a) The United Nations in cases
where they are the administering authority for a territory, or any
Contracting Government responsible for the international relations
of a territory, shall as soon as possible consult with such
territory in an endeavour to extend the present Convention to that
territory, and may at any time by notification in writing given to
the Secretary-General declare that the Convention shall extend to
such territory.
(b) The present Convention shall from
the date of the receipt of the notification 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 establi shed 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 the signed originals.
IN WITNESS WHEREOF the
undersigned being duly authorized by their respective Governments
for that purpose have signed the present Convention.
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 any 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.
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 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 (ordre
public), public security or public health, or to prevent the
introduction or spread of diseases 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.
1.2 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.
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 dated and signed by the master,
the ship's agent or some other person duly authorized by the
master.
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 should 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 dated and signed by the master, the
ship's agent or some other person duly authorized by the
master.
2.3.4 Recommended Practice. Public
authorities should accept in place of the Cargo Declaration a copy
of the ship's manifest provided it contains all the information
required in accordance with Recommended Practices 2.3.1 and 2.3.2
and is dated and signed in accordance with Standard 2.3.3.
As an alternative, public authorities
may accept a copy of the bill of lading signed 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 Practices 2.3.1 and 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 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.
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 dated and signed by the
master or by some other ship's officer duly authorized by the
master. The public authorities may also require each crew member to
place his signature, or, if he is unable to do so, his mark, against
the declaration relating to his effects.
2.5.2 Recommended Practice. Public
authorities should normally require particulars of only those crew's
effects which are dutiable or subject to prohibitions or
restrictions.
2.6 Standard. The Crew List shall be
the basic document providing public authorities with information
relating to the number and composition of the crew on the arrival
and departure of a ship.
2.6.1 Recommended Practice. In the Crew
List, public authorities should not require more than the following
information:
- Name and nationality of the
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 dated and signed by the master or by some
other ship's officer duly authorized by the master.
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 embarkation
- Port of disembarkation
- Port and date of arrival of the
ship.
2.7.4 Recommended Practice. A list
compiled by shipping companies for their own use should be accepted
in place of the Passenger List, provided it contains at least the
information required in accordance with Recommended Practice 2.7.3
and is dated and signed in accordance with Standard 2.7.5.
2.7.5 Standard. Public authorities
shall accept a Passenger List dated and signed by the master, the
ship's agent or some other person duly authorized by the
master.
2.7.6 Standard. Public authorities
should ensure that shipowners notify them on arrival of the presence
of any stowaway discovered on board.
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 should not be required on departure from a port in
respect of cargo which has been the subject of a declaration on
arrival in that port and which has remained on board.
2.11.2 Recommended Practice. A separate
Ship's Stores Declaration on departure should not be required in
respect of ship's stores which have been the subject of a
declaration on arrival, nor in respect of stores shipped in the port
and covered by another customs document presented in that
port.
2.11.3 Standard. Where public
authorities require information about the crew of a ship on its
departure, a copy of the Crew List, presented on arrival, shall be
accepted on departure if signed again and endorsed to indicate any
change in the number or composition of the crew or to indicate that
no such change has occurred.
E. MEASURES TO FACILITATE CLEARANCE OF
CARGO, PASSENGERS, CREW AND BAGGAGE
2.12 Recommended Practice. Public
authorities should, with the co-operation of shipowners and port
administrations, take appropriate measures to the end that port time
may be kept to a minimum and should provide satisfactory port
traffic flow arrangements, should frequently review all procedures
in connexion with the arrival and departure of ships including
arrangements for embarkation and disembarkation, loading and
unloading, servicing and the like. 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
administrations, 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 customs
clearance and for warehousing and re-forwarding of the cargo if
required. There should be convenient and direct access between the
cargo warehouse and the customs area, both of which should be
located close to the dock area, and mechanical conveyance systems
should be available, where possible.
2.12.2 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.
2.12.3 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.
2.12.4 Recommended Practice. Public
authorities should provide in their regulations, referred to in
Standard 2.12.3, 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.
2.12.5 Recommended Practice. Public
authorities should permit containers and pallets entering the
territory of a State under the provisions of Standard 2.12.3 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 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 Annex except as regards Standard 3.7 irrespective of the
language in which the required information is furnished thereon,
provided that they may require a written or oral translation into
one of the official languages of their country or of the
Organization when they deem it necessary.
2.15 Standard. Typewriting shall not be
required in completing documents provided for in this Section.
Entries handwritten in ink or indelible pencil shall be accepted
when legible. Documents produced by electronic and other automatic
data processing techniques, in legible and understandable form,
shall be accepted.
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 IN ORDER TO PUT ASHORE SICK OR INJURED CREW
MEMBERS, PASSENGERS OR OTHER PERSONS 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 connexion 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 inspection of inbound
passengers' accompanied baggage on a sampling or selective basis.
Written declarations in respect of passengers' accompanied baggage
should be dispensed with as far as possible.
3.9.1 Recommended Practice. Public
authorities should, wherever possible, waive inspection of
accompanied baggage of departing passengers.
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, CREW AND BAGGAGE
3.11 Recommended Practice. Public
authorities should, with the co-operation of shipowners and port
administrations, 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.
3.11.1 Recommended Practice. Public
authorities should:
(a) in co-operation with shipowners and
port administrations introduce suitable arrangements, such
as:
(i) an individual and continuous method
of processing passengers and baggage;
(ii) a system which would permit
passengers readily to identify and obtain their checked baggage as
soon as it is placed in an area where it may be claimed;
(b) ensure that port administrations
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.
3.12 Standard. Public authorities
should 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
should 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 PASSENGERS
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 ships 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
the purpose of establishing identity, cruise passengers shall not be
subject to personal examination by immigration officials.
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.
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 SERVICES
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 TO THE 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 MEASURES FOR ANIMALS AND PLANTS
4.1 Standard. Public authorities of a
State not Party to the International Health Regulations should
endeavour to apply the relevant provisions of 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
should 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 should 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 corrections 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, signed by or on behalf of a
shipowner or master, 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 regular working hours. Public authorities should
endeavour to establish regular working hours for their services at
ports consistent with the usual periods of substantial work
load.
5.4.1 Standard. Contracting Governments
should 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 and 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 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.
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
other 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
connexion with the clearance of cargo, unless the shipowner is, or
is acting for, the importer or exporter.
F. NATURAL DISASTER RELIEF
WORK
5.11 Standard. Public authorities shall
facilitate the arrival and departure of vessels engaged in natural
disaster relief work.
5.12 Standard. Public authorities shall
to the greatest extent possible facilitate the entry and clearance
of persons and cargo arriving in vessels referred to in Standard
5.11. |