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1965年便利国际海上运输公约(1991年综合文本)(二)

分类: 法律英语 
Article XIV

The Secretary-General shall inform all signatory Governments, allContracting Governments and all Members of the Organization of:

(a) the signatures affixed to the present Convention and the datesthereof;

(b) the deposit of instruments of acceptance and accessiontogether with the dates of their deposit;

(c) the date on which the Convention enters into force inaccordance with article XI;

(d) any notification received in accordance with articles XII andXIII 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 theSecretary-General who shall transmit certified copies thereof to signatoryGovernments and to acceding Governments. As soon as the present Conventionenters into force, it shall be registered by the Secretary-General inaccordance with Article 102 of the Charter of the United Nations.

Article XVI

The present Convention and its Annex shall be established in theEnglish and French languages, both texts being equally authentic.Official translations shall be prepared in the Russian and Spanishlanguages and shall be deposited with signed originals.

IN WITNESS WHEREOF the undersigned being duly authorized by theirrespective Governments for that purpose have signed the present Convention.

[ Signatures omitted.]

DONE at London this ninth day of April 1965.

Annex

Section 1-Definitions and general provisions

A. Definitions

For the purpose of the provisions of this Annex, the followingmeanings shall be attributed to the terms listed:

Cargo. Any goods, wares, merchandise, and articles of every kindwhatsoever carried on a ship, other than mail, ship's stores, ship's spareparts, ship's equipment, crew's effects and passengers' accompaniedbaggage.

Crew's effects. Clothing, items in everyday use and other articles,which may include currency, belonging to the crew and carried on theship.

Crew member. Any person actually employed for duties on board during avoyage in the working or service of a ship and included in the crew list.

Cruise ship. A ship on an international voyage carrying passengersparticipating in a group programme and accommodated aboard, for thepurpose of making scheduled temporary tourist visits at one or moredifferent ports, and which during the voyage does not normally:

(a) embark or disembark any other passengers;

(b) load or discharge any cargo.

Document. Data carrier with data entries.

Data carrier. Medium designed to carry records of data entries.

Mail. Dispatches of correspondence and other objects tendered by andintended for delivery to postal administrations.

Passenger in transit. A passenger who arrives by ship from a foreigncountry for the purpose of continuing his journey by ship or some othermeans 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 hispersonal possession or not, so long as it is not carried under a contractof carriage or other similar agreement.

Public authorities. The agencies or officials in a State responsiblefor the application and enforcement of the laws and regulations of thatState which relate to any aspect of the Standards and RecommendedPractices contained in this Annex.

Shipowner. One who owns or operates a ship, whether a person, acorporation or other legal entity, and any person acting on behalf of theowner or operator.

Ship's equipment. Articles, other than ship's spare parts, on board aship 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 forincorporation 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 andlubricants, but excluding ship's equipment and ship's spare parts.

Shore leave. Permission for a crew member to be ashore during theship's stay in port within such geographical or time limits, if any, asmay be decided by the public authorities.

Time of Arrival. Time when a ship first comes to rest, whether atanchor or at a dock, in a port.

B. General provisions

In conjunction with paragraph 2 of article V of the Convention, theprovisions of this Annex shall not preclude public authorities from takingsuch appropriate measures, including calling for further information, asmay be necessary in cases of suspected fraud, or to deal with specialproblems constituting a grave danger to public order (order public),public security or public health, such as unlawful acts against the safetyof maritime traffic and illicit trafficking in narcotic drugs andpsychotropic substances, or to prevent the introduction or spread ofdisease or pests affecting animals or plants.

1.1 Standard. Public authorities shall in all cases require onlyessential information to be furnished, and shall keep the number of itemsto a minimum.

Where a specific list of particulars is set out in the Annex, publicauthorities shall not require to be furnished such of those particulars asthey consider not essential.

1.1.1 Recommended Practice. Public authorities should take intoaccount the facilitation implications which may result from theintroduction of automatic data processing and transmission techniques, andshould consider these in collaboration with shipowners and all otherinterested parties.

Existing information requirements and control procedures should besimplified, and attention should be given to the desirability of obtainingcompatibility with other relevant information systems.

1.2 Recommended Practice. Notwithstanding the fact that documents forcertain purposes may be separately prescribed and required in this Annex,public authorities, bearing in mind the interests of those who arerequired to complete the documents as well as the purposes for which theyare to be used, should provide for any two or more such documents to becombined into one in any case in which this is practicable and in which anappreciable degree of facilitation would result.

1.3 Recommended Practice. Measures and procedures imposed byContracting Governments for purposes of security or narcotics controlshould be efficient and, where possible, utilize advance techniques,including automatic data processing (ADP)。 Such measures and proceduresshould be implemented in such a manner as to cause a minimum ofinterference with, and to prevent unnecessary delays to, ships and personsor property on board.

Section 2-Arrival, stay and departure of the ship

This section contains the provisions concerning the formalitiesrequired of shipowners by the public authorities on the arrival, stay anddeparture of the ship and shall not be read so as to preclude arequirement for the presentation for inspection by the appropriateauthorities of certificates and other papers carried by the shippertaining to its registry, measurement, safety, manning and otherrelated matters.

A. General

2.1 Standard. Public authorities shall not require for theirretention, on arrival or departure of ships to which the Conventionapplies, 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 formail

。 Maritime Declaration of Health.

B. Contents and purpose of documents

2.2 Standard. The General Declaration shall be the basic document onarrival and departure providing information required by public authoritiesrelating to the ship.

2.2.1 Recommended Practice. The same form of General Declarationshould be accepted for both the arrival and the departure of a ship.

2.2.2 Recommended Practice. In the General Declaration publicauthorities 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.

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