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1965年便利国际海上运输公约(1991年综合文本)(三)

分类: 法律英语 
2.2.3 Standard. Public authorities shall accept a General Declarationeither dated and signed by the master, the ship's agent or some otherperson duly authorized by the master, or authenticated in a manneracceptable to the public authority concerned.

2.3 Standard. The Cargo Declaration shall be the basic document onarrival and departure providing information required by public authoritiesrelating to the cargo. However, particulars of any dangerous cargo mayalso be required to be furnished separately.

2.3.1 Recommended Practice. In the Cargo Declaration publicauthorities 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; quantityand description of the goods

。 bill of lading numbers for cargo to be discharged at theport in question

。 ports at which cargo remaining on board will be discharged

。 original ports of shipment in respect of goods shipped onthrough 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: marksand numbers; number and kind of packages; quantity and description of thegoods

。 bill of lading numbers for cargo loaded at the port inquestion.

2.3.2 Standard. In respect of cargo remaining on board, publicauthorities shall require only brief details of the minimum essentialitems of information to be furnished.

2.3.3 Standard. Public authorities shall accept a Cargo Declarationeither dated and signed by the master, the ship's agent or some otherperson duly authorized by the master, or authenticated in a manneracceptable to the public authority concerned.

2.3.4 Standard. Public authorities shall accept in place of the CargoDeclaration a copy of the ship's manifest provided it contains at leastthe information required in accordance with Recommended Practice 2.3.1 andStandard 2.3.2 and is signed or authenticated, and dated, in accordancewith Standard 2.3.3.

2.3.4.1 Recommended Practice. As an alternative to Standard 2.3.4,public authorities may accept a copy of the transport document signed orauthenticated in accordance with Standard 2.3.3, or certified as a truecopy, if the nature and quantity of cargo make this practicable andprovided that any information in accordance with Recommended Practice2.3.1. and Standard 2.3.2 which does not appear in such documents is alsofurnished elsewhere and duly certified.

2.3.5 Recommended Practice. Public authorities should allowunmanifested parcels in possession of the master to be omitted from theCargo Declaration provided that particulars of these parcels are furnishedseparately.

2.4 Standard. The Ship's Stores Declaration shall be the basicdocument on arrival and departure providing information required by publicauthorities relating to ship's stores.

2.4.1 Standard. Public authorities shall accept a Ship's StoresDeclaration either dated and signed by the master or by some other ship'sofficer duly authorized by the master and having personal knowledge of thefacts regarding the ship's stores, or authenticated in a manner acceptableto the public authority concerned.

2.5 Standard. The Crew's Effects Declaration shall be the basicdocument providing information required by public authorities relating tocrew's effects. It shall not be required on departure.

2.5.1 Standard. Public authorities shall accept a Crew's EffectsDeclaration either dated and signed by the master or by some other ship'sofficer duly authorized by the master, or authenticated in a manneracceptable to the public authority concerned. The public authorities mayalso require each crew member to place his signature, or, if he is unableto do so, his mark, against the declaration relating to his effects.

2.5.2 Recommended Practice. Public authorities should normally requireparticulars of only those crew's effects which are dutiable or subject toprohibitions or restrictions.

2.6 Standard. The Crew List shall be the basic document providingpublic authorities with information relating to the number and compositionof the crew on the arrival and departure of a ship.

2.6.1 Standard. In the Crew List, public authorities shall not requiremore than the following information:

。 name and nationality of 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 eitherdated and signed by the master or by some other ship's officer dulyauthorized by the master, or authenticated in a manner acceptable to thepublic authority concerned.

2.6.3 Standard. Public authorities shall not normally require a CrewList to be submitted on each call in cases where a ship, serving in ascheduled programme, calls again at the same port at least once within 14days and when there has been no change in the crew, in which case astatement of “No Change” shall be presented in a manner acceptable to thepublic authorities concerned.

2.6.4 Recommended Practice. Under the circumstances mentioned inStandard 2.6.3 but where minor changes in the crew have taken place,public authorities should not normally require a new, full Crew List to besubmitted but should accept the existing Crew List with the changesindicated.

2.7 Standard. The Passenger List shall be the basic document providingpublic authorities with information relating to passengers on the arrivaland departure of a ship.

2.7.1 Recommended Practice. Public authorities should not requirePassenger Lists on short sea routes or combined ship/railway servicesbetween neighbouring countries.

2.7.2 Recommended Practice. Public authorities should not requireembarkation or disembarkation cards in addition to Passenger Lists inrespect of passengers whose names appear on those Lists. However, wherepublic authorities have special problems constituting a grave danger topublic health a person on an international voyage may on arrival berequired to give a destination address in writing.

2.7.3 Recommended Practice. In the Passenger List public authoritiesshould 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 of embarkation

。 port of disembarkation

。 port and date of arrival of the ship.

2.7.4 Recommended Practice. A list compiled by shipping companies fortheir own us should be accepted in place of the Passenger List, providedit contains at least the information required in accordance withRecommended Practice 2.7.3 and is dated and signed or authenticated inaccordance with Standard 2.7.5.

2.7.5 Standard. Public authorities shall accept a Passenger Listeither dated and signed by the master, the ship's agent or some otherperson duly authorized by the master, or authenticated in a manneracceptable to the public authority concerned.

2.7.6 Standard. Public authorities shall ensure that shipowners notifythem on arrival of the presence of any stowaway discovered on board.

2.7.6.1 Recommended Practice. When a stowaway has inadequatedocuments, public authorities should, whenever practicable and to anextent compatible with national legislation and security requirements,issue a covering letter with a photograph of the stowaway and any otherimportant information. The letter, authorizing the return of the stowawayto the original port by any means of transportation and specifying anyother conditions imposed by the authorities, should be handed over to theshipowner or operator responsible for the removal of the stowaway. Thisletter will include information required by the authorities at transitpoints and at the original point of embarkation.

Note: This recommendation is not intended to prevent publicauthorities from further examination of a stowaway for possibleprosecution and/or deportation. Further, nothing in this recommendation isto be construed as contradicting the provisions of the United NationsConvention Relating to the Status of Refugees of 28 July 1951, whichconcern the prohibition of the expulsion or return of a refugee.

2.8 Standard. Public authorities shall not require on arrival ordeparture of the ship any written declaration in respect of mail otherthan that prescribed in the Universal Postal Convention.

2.9 Standard. The Maritime Declaration of Health shall be the basicdocument providing information required by port health authoritiesrelating to the state of health on board a ship during the voyage and onarrival at a port.

C. Documents on arrival

2.10 Standard. In respect of a ship's arrival in port, publicauthorities 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, publicauthorities 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 shall not be required ondeparture from a port in respect of cargo which has been the subject of adeclaration on arrival in that port and which has remained on board.

2.11.2 Recommended Practice. A separate Ship's Stores Declaration ondeparture should not be required in respect of ship's stores which havebeen the subject of a declaration on arrival, nor in respect of storesshipped in the port and covered by another customs document presented inthat port.

2.11.3 Standard. Where public authorities require information aboutthe crew of a ship on its departure, a copy of the Crew List, presented onarrival, shall be accepted on departure if signed again and endorsed toindicate any change in the number or composition of the crew or toindicate that not such change has occurred

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