IMO IC350E-2011 CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965 AS AMENDED INCLUDING THE EXPLANATORY MANUAL TO THE CONVENTION (Ninth Edition).pdf

1、IMOIC350EFAL Convention2011 EDITIONIC350Ewww.imo.orgThis consolidated edition of the FAL Convention includes amendments adopted at the thirty-fifth session of the FAL Committee which entered into force in May 2010. These include amendments to: Section 2 Arrival and departure of ships Section 3 Arriv

2、al and departure of persons IMO FAL FormsAlso presented is an Explanatory Manual to the Convention on Facilitation of International Maritime Traffic, 1965 which should help in interpreting the legal text of the provisions of the Convention that can be complex and at times difficult to understand and

3、 should provide for a greater understanding of the Convention, particularly in those Member States which are not presently Contracting Governments to the Convention.inCLuding theexpLAnAtory MAnuAL to the Convention2011 editionFAL ConventionConvention on FACiLitAtion oF internAtionAL MAritiMe trAFFiC

4、, 1965, As AMendedFAL ConventionCONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC, 1965, AS AMENDEDINCLUDING THE EXPLANATORY MANUAL TO THE CONVENTION2011 EditionLondon, 2011First published in 1965 by the INTERNATIONAL MARITIME ORGANIZATION 4 Albert Embankment, London SE1 7SR www.imo.orgNi

5、nth edition 2011Printed by CPI Group (UK) Ltd, Croydon, CR0 4YYISBN: 978-92-801-1537-6IMO PUBLICATIONSales number: IC350ECopyright International Maritime Organization 2011All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or b

6、y any means, without prior permission in writing from the International Maritime Organization.Reproduction and/or translation rights may be available for this title. For further details please contact IMO Publishing at copyrightimo.org.This publication has been prepared from official documents of IM

7、O, and every effort has been made to eliminate errors and reproduce the original text(s) faithfully. Readers should be aware that, in case of inconsistency, the official IMO text will prevail.iiiContentsForeword . vArticles of the Convention on Facilitation of International Maritime Traffic . 1Annex

8、Section 1 Definitions and general provisions . 9Section 2 Arrival, stay and departure of the ship 15Section 3 Arrival and departure of persons 27Section 4 Stowaways . 37Section 5 Arrival, stay and departure of cargo and other articles 45Section 6 Public health and quarantine, including sanitary meas

9、ures for animals and plants . 49Section 7 Miscellaneous provisions 51Additional information on facilitation requirementsAppendix 1 IMO FAL Forms . 57Appendix 2 Arrival and departure of persons 65Appendix 3 Form of stowaway details referred to in Recommended Practice 4.6.2. . . . . . . . . . . . . .

10、. . . 67Appendix 4 IMDG Code, amendment 35-10, chapter 5.4 on Documentation 69Explanatory Manual to the Convention on Facilitation of International Maritime Traffic, 1965, as amended 89Section 1 Definitions and general provisions . 93Section 2 Arrival, stay and departure of the ship 109Section 3 Arr

11、ival and departure of persons 135PageConvention on Facilitation of International Maritime TrafficivSection 4 Stowaways . 155Section 5 Arrival, stay and departure of cargo and other articles 173Section 6 Public heath and quarantine, including sanitary measures for animals and plants . 187Section 7 Mi

12、scellaneous provisions 191PagevForewordThe Convention on the Facilitation of Maritime Traffic (FAL Convention) was adopted by the International Conference on Facilitation of Maritime Travel and Transport on 9 April 1965. It entered into force on 5 March 1967.The purpose of this Convention is to faci

13、litate maritime transport by simplifying and minimizing the formalities, documentary requirements and procedures associated with the arrival, stay and departure of ships engaged on international voyages. It was originally developed to meet growing international concern about excessive documents requ

14、ired for merchant shipping. Traditionally, large numbers of documents are required by customs, immigration, health and other public authorities pertaining to the ship, its crew and passengers, baggage, cargo and mail. Unnecessary paperwork is a problem in most industries, but the potential for red t

15、ape is probably greater in shipping than in other industries, because of its international nature and the traditional acceptance of formalities and procedures.The Convention emphasizes the importance of facilitating maritime traffic and demonstrates why authorities and operators concerned with docum

16、ents should adopt the standardized documentation system developed by IMO and recommended by its Assembly for world-wide use. Contracting Parties to the Convention undertake to bring about uniformity and simplicity in the facilitation of international maritime traffic.The Annex to the Convention cont

17、ains rules for simplifying formalities, documentary requirements and procedures on the arrival and departure of ships and, in particular, it reduces to nine the number of declarations which can be required by public authorities. These are the General Declaration, Cargo Declaration, Ships Stores Decl

18、aration, Crews Effects Declaration, Crew List, Dangerous Goods Manifest and Passenger List, as well as two documents required under the Universal Postal Convention and the Inter-national Health Regulations. IMO has developed standardized forms for the first seven of these.As a further aid to complia

19、nce, the Annex to this Convention contains “Standards” and “Recommended Practices” on formalities, documentary requirements and procedures which should be applied on arrival, during Convention on Facilitation of International Maritime Trafficvitheir stay, and on departure to the ships, their crews,

20、passengers, baggage and cargo.Amendments to the ConventionAlthough it is recognized that the Convention has made an important contri-bution to the removal of trade barriers, its value was for many years limited by one important drawback the amendment procedure. This required an amendment to be expli

21、citly accepted by two thirds of Contracting Parties and in practice this took far too long to be practicable. A new procedure known as “tacit acceptance”, under which amendments automatically enter into force on a pre-selected date unless they are specifically rejected by one third of the countries

22、which have ratified the Convention, entered into force in 1984 (article VII). Early in 1986 the new acceptance procedure was used to adopt further amendments designed primarily to permit the use of automatic data processing and other techniques. These amendments entered into force in October of the

23、same year.The 1990 amendments entered into force on 1 September 1991 and were designed to facilitate the clearance of passengers, including elderly and disabled persons.They also deal with the prevention of unlawful acts against maritime safety and the control of illicit drug trafficking.The 1992 am

24、endments entered into force on 1 September 1993 and were related to sections concerning the clearance of cargos, passengers, crew and baggage; ships arrival and departure requirements and procedures; public health and quarantine, including sanitary measures for animals and plants; and limitation of

25、shipowners responsibilities. The amendments introduced new definitions of security measures and transport documents as well as new sections on electronic data-processing techniques, private gift packages and trades samples, consular formalities and fees, submission of pre-import information, clearan

26、ce of specialized equipment and falsified documents. In addition, the Annex to the Convention was restructured by these amendments.The 1996 amendments entered into force on 1 May 1997 and related to sections concerning the contents and purpose of documents; arrival and departure requirements and pro

27、cedures; facilitation for ships engaged on cruises and for cruise passengers; further measures of facilitation for crew members of ships engaged in international voyages shore leave; clearance of import cargo; national facilitation committee. The amendments introduced new standards regarding inadmis

28、sible persons and a new recommended practice on immigration pre-arrival clearance.ForewordviiThe 1999 amendments entered in force on 1 January 2001 and related to sections concerning electronic data-processing techniques; illicit drug trafficking; contents and purpose of documents on arrival, stay a

29、nd depar-ture of the ship; arrival and departure of persons; measures to facilitate clear-ance of cargo, passengers, crew and baggage; arrival, stay and departure of cargo and other articles; and clearance of export cargo. The amendments introduced a new chapter on Illicit drug trafficking and the i

30、ntroduction of using risk assessment to target cargo for examination for limiting physical interventions to the minimum necessary.The 2002 amendments entered in force on 1 May 2003 and related to new definitions; and arrival, stay and departure of ships; the amendments intro-duced a new section on s

31、towaways.The 2005 amendments entered in force on 1 November 2006 and related to new definitions; general provisions, electronic data-processing techniques; illicit drug trafficking; control techniques; general in section 2 on arrival, stay and departure of the ship; contents and purpose of documents

32、; documents on departure; completion of documents; errors in documentation and penalties therefore; arrival, stay and departure of cargo and other articles; clearance of cargo; containers and pallets; and emergency assistance. The amendments introduced new definitions on Customs clearance, Customs r

33、elease, Estimated time of arrival, Manifest, Postal items, Ships documents and Temporary admission; The amendment created a new section on Control Techniques, and introduced the term “persons rescued at sea” in the section dedicated to Special measures of facilitation for ships calling at ports in o

34、rder to put ashore sick or injured crew members, passengers or other persons for emergency medical treatment; Finally new IMO FAL Forms were approved.The 2009 amendments entered in force on 15 May 2010 and related to sections concerning contents and purpose of documents; arrival and departure requir

35、ements and procedures; measures to facilitate clearance of passengers, crew and baggage; and facilitation for ships engaged on cruises and for cruises passengers. The amendments introduced the text of “voyage number”, and new IMO FAL Forms were approved.The consolidated edition of the Convention als

36、o includes the Explanatory Manual to the Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL.3/Circ.202 refers). This Manual should assist in inter-preting the legal text of the provisions of the Convention that can be complex and, at times, difficult to understand an

37、d should provide for a greater under-standing of the Convention, particularly in those Member States which are not presently Contracting Governments to the Convention.1Articles of the Convention on Facilitation of International Maritime TrafficThe contracting governments:Desiring to facilitate marit

38、ime 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 IThe Contracting Governments undertake to adopt, in accordance with the provisions

39、 of the present Convention and its annex, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnec-essary delays to ships and to persons and property on board.Article II(1) The Contracting Governments undertake to co-operate, in accord-ance with the pro

40、visions 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 transpor

41、t; 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

42、 to the present Convention.(3) The provisions of the present Convention do not apply to warships or pleasure yachts.Convention on Facilitation of International Maritime Traffic2Article IIIThe Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in

43、formalities, documentary require-ments 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 neces-sary to meet special requirements of a domestic

44、 nature.Article IVWith 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 matte

45、rs 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 gr

46、ants 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 cons

47、idered 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 Conven-tion remain subject to the legi

48、slation of the Contracting Governments.Article VIFor 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 *The name of the Organization was changed to “International Maritime Organiza-

49、tion” by virtue of amendments to the Organizations Convention which entered into force on 22 May 1982.Articles III, IV, V, VI, VII3Convention 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 Confer