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1965年便利国际海上运输公约(1991年综合文本)(四)

分类: 法律英语 
E. Measures to facilitate clearance of cargo, passengers, crewand baggage

2.12 Recommended Practice. Public authorities should, with theco-operation of shipowners and port authorities, take appropriate measuresto the end that port time may be kept to a minimum, should providesatisfactory port traffic flow arrangements, and should frequently reviewall procedures in connection with the arrival and departure of ships,including arrangements for embarkation and disembarkation, loading andunloading, servicing and the like and the security measures associatedtherewith. They should also make arrangements whereby cargo ships andtheir 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 theco-operation of shipowners and port authorities, take appropriate measuresto the end that satisfactory port traffic flow arrangements are providedso that handling and clearance procedures for cargo will be smooth anduncomplicated. These arrangements should cover all phases from the timethe ship arrives at the dock for unloading and public authority clearanceand for warehousing and reforwarding of cargo if required. There should beconvenient and direct access between the cargo warehouse and the publicauthority clearance area which should be located close to the dock area,and mechanical conveyance should be available, where possible.

2.12.2 Recommended Practice. Contracting Governments should facilitatethe temporary admission of specialized cargo handling equipment arrivingby ships and used on shore at ports of call for loading, unloading andhandling cargo.

2.12.3 Recommended Practice. Public authorities should encourageowners and/or operators of cargo docks and warehouses to provide specialstorage facilities for cargo subject to high risk of theft, and to protectthose areas in which cargo is to be stored, either temporarily or for longterms, prior to onward shipment or local delivery against access byunauthorized persons.

2.12.4 Standard. Public authorities shall, subject to compliance withtheir respective regulations, permit the temporary import of containersand pallets without payment of customs duties and other taxes and chargesand shall facilitate their use in maritime traffic.

2.12.5 Recommended Practice. Public authorities should provide intheir regulations, referred to in Standard 2.12.4, for the acceptance of asimple declaration to the effect that containers and pallets temporarilyimported will be re-exported within the time limit set by the Stateconcerned.

2.12.6 Recommended Practice. Public authorities should permitcontainers and pallets entering the territory of a State under theprovisions of Standard 2.12.4 to depart the limits of the port of arrivalfor clearance of imported cargo and/or loading of export cargo undersimplified 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 carriedout on the arrival of a ship at the first port of call in the territory ofa State, the formalities and documents required by the public authoritiesat any subsequent port of call in that country visited withoutintermediate call at a port in another country should be kept to aminimum.

G. Completion of documents

2.14 Recommended Practice. Public authorities should as far aspossible accept the documents provided for in this Annes except as regardsStandard 3.7 irrespective of the language in which the requiredinformation is furnished thereon, provided that they may require a writtenor oral translation into one of the official languages of their country orof the Organization when they deem it necessary.

2.15 Standard. Public authorities shall accept information conveyed byany legible and understandable medium, including documents handwritten inink or indelible pencil or produced by automatic data processingtechniques.

2.15.1 Standard. Public authorities shall accept a signature, whenrequired, in handwriting, in facsimile, perforated, stamped, in symbols,or made by any other mechanical or electronic means, if such acceptance isnot inconsistent with national laws. The authentication of informationsubmitted on non-paper media shall be in a manner acceptable to the publicauthority concerned.

2.16 Standard. Public authorities of the country of any intended portof arrival, discharge, or transit shall not require any document relatingto the ship, its cargo, stores, passengers or crew, as mentioned in thissection, to be legalized, verified, authenticated, or previously dealtwith by any of their representatives abroad. This shall not be deemed topreclude a requirement for the presentation of a passport or otheridentity document of a passenger or crew member for visa or similarpurposes.

H. Special measures of facilitation for ships calling at ports inorder to put ashore sick or injured crew members, passengers or other per-sons for emergency medical treatment

2.17 Standard. Public authorities shall seek the co-operation ofshipowners to ensure that, when ships intend to call at ports for thesole purpose of putting ashore sick or injured crew members, passengers orother persons for emergency medical treatment, the master shall give thepublic authorities as much notice as possible of that intention, with thefullest possible details of the sickness or injury and of the identity andstatus 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 proceduresnecessary to put the sick or injured persons ashore expeditiously and toclear the ship without delay.

2.19 Standard. With regard to ships calling at ports for this purposeand intending to leave again immediately, public authorities shall givepriority in berthing if the state of the sick person or the sea conditionsdo not allow a safe disembarkation in the roads or harbour approaches.

2.20 Standard. With regard to ships calling at ports for this purposeand intending to leave again immediately, public authorities shall notnormally require the documents mentioned in Standard 2.1 with theexception of the Maritime Declaration of Health and, if it isindispensable, the General Declaration.

2.21 Standard. Where public authorities require the GeneralDeclaration, this document shall not contain more information than thatmentioned in Recommended Practice 2.2.2 and, wherever possible, shallcontain less.

2.22 Standard. Where the public authorities apply control measuresrelated to the arrival of a ship prior to sick or injured persons beingput ashore, emergency medical treatment and measures for the protection ofpublic health shall take precedence over these control measures.

2.23 Standard. Where guarantees or undertakings are required inrespect of costs of treatment or eventual removal or repatriation of thepersons concerned, emergency medical treatment shall not be withheld ordelayed while these guarantees or undertakings are being obtained.

2.24 Standard. Emergency medical treatment and measures for theprotection of public health shall take precedence over any controlmeasures which public authorities may apply to sick or injured personsbeing put ashore.

Section 3-Arrival and departure of persons

This section contains the provisions concerning the formalitiesrequired by public authorities from crew and passengers on the arrival ordeparture of a ship.

A. Arrival and departure requirements and procedures

3.1 Standard. A valid passport shall be the basic document providingpublic authorities with information relating to the individual passengeron arrival or departure of a ship.

3.1.1 Recommended Practice. Contracting Governments should as far aspossible agree, by bilateral or multilateral agreements, to acceptofficial documents of identity in lieu of passports.

3.2 Recommended Practice. Public authorities should make arrangementswhereby passports, or official documents of identity accepted in theirplace, from ship's passengers need be inspected by the immigrationauthorities only once at the time of arrival and once at the time ofdeparture. In addition these passports or official documents of identitymay be required to be produced for the purpose of verification oridentification in connection with customs and other formalities on arrivaland departure.

3.3 Recommended Practice. After individual presentation of passportsor official documents of identity accepted in their place, publicauthorities should hand back such documents immediately after examinationrather than withholding them for the purpose of obtaining additionalcontrol, unless there is some obstacle to the admission of a passenger tothe territory.

3.4 Recommended Practice. Public authorities should not require fromembarking or disembarking passengers, or from shipowners on their behalf,any information in writing supplementary to or repeating that alreadypresented in their passports or official documents of identity, otherthan as necessary to complete any documents provided for in this Annex.

3.5 Recommended Practice. Public authorities which require writtensupplementary information other than as necessary to complete anydocuments provided for in this Annex, from embarking or disembarkingpassengers, should limit requirements for further identification ofpassengers to the items set forth in Recommended Practice 3.6(embarkation/disembarkation card)。 Public authorities should accept theembarkation/disembarkation card when completed by the passenger and shouldnot require that it be completed or checked by the shipowner. Legiblehandwritten script should be accepted on the card, except where the formspecifies block lettering. One copy only of the embarkation/disembarkationcard, which may include one or more simultaneously prepared carbon copies,should be required from each passenger.

3.6 Recommended Practice. In the embarkation/disembarkation cardpublic 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, publicauthorities shall accept the International Certificate of Vaccination orRe-Vaccination in the forms provided for in the International HealthRegulations.

3.8 Recommended Practice. Medical examination of persons on board orof persons disembarking from ships should normally be limited to thosepersons arriving from an area infected with one of the quarantinablediseases within the incubation period of the disease concerned (as statedin the International Health Regulations)。 Additional medical examinationmay, however, be required in accordance with the International HealthRegulations.

3.9 Recommended Practice. Public authorities should normally performcustoms inspections of inbound passengers' accompanied baggage on asampling or selective basis. Written declarations in respect ofpassengers' accompanied baggage should be dispensed with as far aspossible.

3.9.1 Recommended Practice. Public authorities should, whereverpossible, waive inspections of accompanied baggage of departingpassengers, with due regard to the possible need to impose appropriatesecurity measures.

3.9.2 Recommended Practice. Where inspection of accompanied baggage ofdeparting passengers cannot be waived completely, such inspection shouldnormally be performed on a sampling or selective basis.

3.10 Standard. A valid seafarer's identity document or a passportshall be the basic document providing public authorities with informationrelating to the individual member of the crew on arrival or departure of aship.

3.10.1 Standard. In the seafarer's identity document, publicauthorities 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 leavea 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 forrepatriation, or for any other purpose approved by the authorities of thecountry concerned,

public authorities shall accept from that seafarer in place of apassport the valid seafarer's identity document, when this documentguarantees the readmission of the bearer to the country which issued thedocument.

3.10.3 Recommended Practice. Public authorities should not normallyrequire presentation of individual identity documents or of informationsupplementing the seafarer's identity document in respect of members ofthe crew other than that given in the Crew List.

B. Measures to facilitate clearance of cargo, passengers, crewand baggage

3.11 Recommended Practice. Public authorities should, with theco-operation of shipowners and port authorities, take appropriate measuresto the end that satisfactory port traffic flow arrangements may beprovided so that passengers, crew and baggage can be cleared rapidly,should provide adequate personnel, and should ensure that adequateinstallations are provided, particular attention being paid to baggageloading, unloading and conveyance arrangements (including the use ofmechanized systems) and to points where passenger delays are frequentlyfound to occur. Arrangements should be made, when necessary, for passageunder shelter between the ship and the point where the passenger and crewcheck is to be made. Such arrangements and installations should beflexible and capable of expansion to meet increased security measuresduring higher threat situations.

3.11.1 Recommended Practice. Public authorities should:

(a) in co-operation with shipowners and port authorities introducesuitable arrangements, such as:

(i) an individual and continuous method of processingpassengers and baggage;

(ii) a system which would permit passengers readily toidentify and obtain their checked baggage as soon as it is placed in anarea where it may be claimed;

(iii) ensuring that facilities and services are available tomeet the needs of elderly and disabled passengers;

(b) ensure that port authorities take all necessary measures sothat:

(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 forgovernmental purposes, those premises should be readily accessible, and asclose to one another as practicable.

3.11.2 Recommended Practice. Measures should be taken to ensure thatall necessary information on transport and safety is readily available forpassengers who have impaired hearing or vision.

3.11.3 Recommended Practice. For elderly and disabled passengers beingset down or picked up at a terminal building, reserved points should belocated as close as possible to main entrances. These should be clearlymarked with appropriate signs. Access routes should be free of obstacles.

3.11.4 Recommended Practice. Where access to public services islimited, every effort should be made to provide accessible and reasonablypriced public transportation services, by adapting current and plannedservices, or by providing special arrangements for passengers who haveimpaired mobility.

3.11.5 Recommended Practice. Provisions of suitable facilities shouldbe made in terminals and on ships, as appropriate, to allow safeembarkation and disembarkation for elderly and disabled passengers.

3.12 Standard. Public authorities shall require that shipowners ensurethat ship's personnel take all appropriate measures which will helpexpedite arrival procedures for passengers and crew. These measures mayinclude:

(a) furnishing public authorities concerned with an advancemessage giving the best estimated time of arrival, followed by informationas to any change in time, and stating the itinerary of the voyage wherethis may affect inspection requirements;

(b) having ship's documents ready for prompt review;

(c) providing for ladders or other means of boarding to be riggedwhile the ship is en route to berth or anchorage;

(d) providing for prompt, orderly assembling and presentation ofpersons on board, with necessary documents, for inspection, withattention to arrangements for relieving crew members for this purpose fromessential duties in engine-rooms and elsewhere

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