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Convention on Facilitation of International Maritime Traffic

Convention on Facilitation of International Maritime Traffic

London, 9 April 1965,AS AMENDED (London, 17 September 1987)

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..5

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..6

ARTICLE XIV

The Secretary-General shall inform all signatory Governments, all Contracting

Governments and all Members of the Organization of:

(a) the signatures affixed to the present Convention and the dates thereof;

(b) the deposit of instruments of acceptance and accession together with the dates

of their deposit;

(c) the date on which the Convention enters into force in accordance with Article

XI;

(d) any notification received in accordance with Articles XII and XIII and the date

thereof;

(e) the convening of any conference under Articles VII or IX.

ARTICLE XV

The present Convention and its Annex shall be deposited with the Secretary-General

who shall transmit certified copies thereof to signatory Governments and to acceding

Governments. As soon as the present Convention enters into force, it shall be registered by

the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XVI

The present Convention and its Annex shall be established in the English and French

languages, both texts being equally authentic. Official translations shall be prepared in the

Russian and Spanish languages and shall be deposited with 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.

Mail. Dispatches of correspondence and other objects tendered by and intended for

delivery to postal administrations.

Passengers' accompanied baggage. Property, which may include currency, carried for a

passenger on the same ship as the passenger, whether in his personal possession or not, so

long as it is not carried under a contract of carriage or other similar agreement.

Public authorities. The agencies or officials in a State responsible for the application and

enforcement of the laws and regulations of that State which relate to any aspect of the

Standards and Recommended Practices contained in this Annex.

Shipowner. One who owns or operates a ship, whether a person, a corporation or other

legal entity, and any person acting on behalf of the owner or operator.

Ship's equipment. Articles, other than ship's spare parts, on board a ship for use thereon,

which are removable but not of a consumable nature, including accessories such as lifeboats,

life-saving devices, furniture, ship's apparel and similar items.

Ship's spare parts. Articles of a repair or replacement nature for incorporation in the ship

in which they are carried.

Ship's stores. Goods for use in the ship, including consumable goods, goods carried for

sale to passengers and crew members, fuel and lubricants, but excluding ship's equipment and

ship's spare parts.

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 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..10

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:

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