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1965年便利国际海上运输公约(1991年综合文本)(五)

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  3.13 Recommended Practice. The practice of entering names on passengerand crew documents should be to put the family name or names first. Whereboth paternal and maternal family names are used, the paternal family nameshould be placed first. Where for married women both the husband's andwife's paternal family names are used, the husband's paternal family nameshould be placed first.

  3.14 Standard. Public authorities shall, without unreasonable delay,accept passengers and crew for examination as to their admission into theState when such examination is required.

  3.15 Standard. Public authorities shall not impose any penalty uponshipowners in the event that any control document in possession of apassenger is found by public authorities to be inadequate, or if, forthat reason, the passenger is found to be inadmissible to the State.

  3.15.1 Standard. Public authorities shall invite shipowners to takeall reasonable precautions to the end that passengers hold any controldocuments required by Contracting Governments.

  3.15.2 Recommended Practice. For use at marine terminals and on boardships in order to facilitate and expedite international maritime traffic,public authorities should implement, or where the matter does not comewithin their jurisdiction, recommend to the responsible parties in theircountry to implement, standardized international signs and symbolsdeveloped or accepted by the Organization in co-operation with otherappropriate international organizations and which, to the greatest extentpracticable, are common to all modes of transport.

  C. Facilitation for ships engaged on cruises and for cruise pas-sengers

  3.16.1 Standard. Public authorities shall authorize granting ofpratique by radio to a cruise ship when, on the basis of informationreceived from it prior to its arrival, the health authority for theintended port of arrival is of the opinion that its arrival will notresult in the introduction or spread of a quarantinable disease.

  3.16.2 Standard. For cruise ships, the General Declaration, thePassenger List and the Crew List shall be required only at the first portof arrival and final port of departure in a country, provided that therehas been no change in the circumstances of the voyage.

  3.16.3 Standard. For cruise ships, the Ship's Stores Declaration andthe Crew's Effects Declaration shall be required only at the first port ofarrival in a country.

  3.16.4 Standard. Passports or other official documents of identityshall at all times remain in the possession of cruise passengers.

  3.16.5 Recommended Practice. If a cruise ship stays at a port for lessthan 72 hours, it should not be necessary for cruise passengers to havevisas, except in special circumstances determined by the publicauthorities concerned.

  Note: It is the intention of this Recommended Practice that eachContracting State may issue to such passengers, or accept from them uponarrival, some form indicating that they have permission to enter theterritory.

  3.16.6 Standard. Cruise passengers shall not be unduly delayed by thecontrol measures exercised by public authorities.

  3.16.7 Standard. In general, except for security purposes and for thepurposes of establishing identity and admissibility, cruise passengersshall not be subject to personal examination by public authoritiesresponsible for immigration control.

  3.16.8 Standard. If a cruise ship calls consecutively at more than oneport in the same country, passengers shall, in general, be examined bypublic authorities at the first port of arrival and at the final port ofdeparture only.

  3.16.9 Recommended Practice. To facilitate their promptdisembarkation, the inward control of passengers on a cruise ship, wherepracticable, should be carried out on board before arrival at the place ofdisembarkation.

  3.16.10 Recommended Practice. Cruise passengers who disembark at oneport and rejoin the same ship at another port in the same country shouldenjoy the same facilities as passengers who disembark and rejoin a cruiseship at the same port.

  3.16.11 Recommended Practice. The Maritime Declaration of Healthshould be the only health control necessary for cruise passengers.

  3.16.12 Standard. Duty-free ship's stores shall be allowed aboard shipfor cruise passengers during the ship's stay in port.

  3.16.13 Standard. Cruise passengers shall not be required to give awritten Customs Declaration.

  3.16.14 Recommended Practice. Cruise passengers should not be subjectto any currency control.

  3.16.15 Standard. Embarkation/disembarkation cards shall not benecessary for cruise passengers.

  3.16.16 Recommended Practice. Except where passenger control is basedsolely on the Passenger List the public authorities should not insist onthe completion of the following details on the Passenger List:

  。 nationality (column 6)

  。 date and place of birth (column 7)

  。 port of embarkation (column 8)

  。 port of disembarkation (column 9)

  D. Special measures of facilitation for passengers in transit

  3.17.1 Standard. A passenger in transit who remains on board the shipon which he arrived and departs with it shall not normally be subjected toroutine control by public authorities except for security purposes.

  3.17.2 Recommended Practice. A passenger in transit should be allowedto retain his passport or other identity document.

  3.17.3 Recommended Practice. A passenger in transit should not berequired to complete a disembarkation/embarkation card.

  3.17.4 Recommended Practice. A passenger in transit who is continuinghis journey from the same port in the same ship should normally be grantedtemporary permission to go ashore during the ship's stay in port if he sowishes.

  3.17.5 Recommended Practice. A passenger in transit who is continuinghis journey from the same port in the same ship should not be required tohave a visa, except in special circumstances determined by the publicauthorities concerned.

  3.17.6 Recommended Practice. A passenger in transit who is continuinghis journey from the same port in the same ship should not normally berequired to give a written Customs Declaration.

  3.17.7 Recommended Practice. A passenger in transit who leaves theship at one port and embarks in the same ship at a different port in thesame country should enjoy the same facilities as a passenger who arrivesand departs in the same ship at the same port.

  E. Measures of facilitation for ships engaged in scientific ser-vices

  3.18 Recommended Practice. A ship engaged in scientific servicescarries personnel who are necessarily engaged on the ship for suchscientific purposes of the voyage. If so identified, such personnel shouldbe granted facilities at least as favourable as those granted to the crewmembers of that ship.

  F. Further measures of facilitation for foreigners belonging tothe crews of ships engaged in international voyages-shore leave

  3.19 Standard. Foreign crew members shall be allowed ashore by thepublic authorities while the ship on which they arrive is in port,provided that the formalities on arrival of the ship have been fulfilledand the public authorities have no reason to refuse permission to comeashore for reasons of public health, public safety or public order.

  3.19.1 Standard. Crew members shall not be required to hold a visa forthe purpose of shore leave.

  3.19.2 Recommended Practice. Crew members before going on or returningfrom shore leave should not normally be subjected to personal checks.

  3.19.3 Standard. Crew members shall not be required to have a specialpermit, e.g. a shore leave pass, for the purpose of shore leave.

  3.19.4 Recommended Practice. If crew members are required to carrydocuments of identity with them when they are on shore leave, thesedocuments should be limited to those mentioned in Standard 3.10.

  Section 4-Public health and quarantine including sanitary measuresfor animals and plants

  4.1 Standard. Public authorities of a State not Party to theInternational Health Regulations shall endeavour to apply the relevantprovisions for these Regulations to international shipping.

  4.2 Recommended Practice. Contracting Governments having certaininterests in common owing to their health, geographical, social oreconomic conditions should conclude special arrangements pursuant toarticle 98 of the International Health Regulations when such arrangementswill facilitate the application of those Regulations.

  4.3 Recommended Practice. Where Sanitary Certificates or similardocuments are required in respect of shipments of certain animals, plantsor products thereof, such certificates and documents should be simple andwidely publicized and Contracting Governments should co-operate with aview to standardizing such requirements.

  4.4 Recommended Practice. Public authorities should wheneverpracticable authorize granting of pratique by radio to a ship when, on thebasis of information received from it prior to its arrival, the healthauthority for the intended port of arrival is of the opinion that itsarrival will not result in the introduction or spread of a quarantinabledisease. Health authorities should as far as practicable be allowed tojoin a ship prior to entry of the ship into port.

  4.4.1 Standard. Public authorities shall seek the co-operation ofshipowners to ensure compliance with any requirement that illness on aship is to be reported promptly by radio to health authorities for theport for which the ship is destined, in order to facilitate provision forthe presence of any special medical personnel and equipment necessary forhealth procedures on arrival.

  4.5 Standard. Public authorities shall make arrangements to enable alltravel agencies and others concerned to make available to passengers,sufficiently in advance of departure, lists of the vaccinations requiredby the public authorities of the countries concerned, as well asvaccination certificate forms conforming to the International HealthRegulations. Public authorities shall take all possible measures to havevaccinators use the International Certificates of Vaccination orRe-Vaccination, in order to assure uniform acceptance.

  4.6 Recommended Practice. Public authorities should provide facilitiesfor the completion of International Certificates of Vaccination orRe-Vaccination as well as facilities for vaccination, at as many ports asfeasible.

  4.7 Standard. Public authorities shall ensure that sanitary measuresand health formalities are initiated forthwith, completed without delay,and applied without discrimination.

  4.8 Recommended Practice. Public authorities should maintain at asmany ports as feasible adequate facilities for the administration ofpublic health, animal and agricultural quarantine measures.

  4.9 Standard. There shall be maintained readily available at as manyports in a State as feasible such medical facilities as may be reasonableand practicable for the emergency treatment of crews and passengers.

  4.10 Standard. Except in the case of an emergency constituting a gravedanger to public health, a ship which is not infected or suspected ofbeing infected with a quarantinable disease, shall not on account of anyother epidemic disease be prevented by the health authorities for a portfrom discharging or loading cargo or stores or taking on fuel or water.

  4.11 Recommended Practice. Shipments of animals, animal raw materials,crude animal products, animal foodstuffs and quarantinable plant productsshould be permitted in specified circumstances when accompanied by aquarantine certificate in the form agreed by the States concerned.

  Section 5-Miscellaneous provisions

  A. Bonds and other forms of security

  5.1 Recommended Practice. Where public authorities require bonds orother forms of security from shipowners to cover liabilities under thecustoms, immigration, public health, agricultural quarantine or similarlaws and regulations of a State, they should permit the use of a singlecomprehensive bond or other form of security wherever possible.

  B. Errors in documentation and penalties therefor

  5.2 Standard. Public authorities shall, without delaying the ship,allow correction of errors in a document provided for in this Annex, whichthey are satisfied are inadvertent, not of a serious nature, not due torecurrent carelessness and not made with intent to violate laws orregulations, on the condition that these errors are discovered before thedocument is fully checked and the corrections can be effected withoutdelay.

  5.3 Standard. If errors are found in documents provided for in thisAnnex, which have been signed by or on behalf of a shipowner or master, orotherwise authenticated, no penalties shall be imposed until anopportunity has been given to satisfy the public authorities that theerrors were inadvertent, not of a serious nature, not due to recurrentcarelessness and not made with intent to violate laws or regulations.

  C. Services at ports

  5.4 Recommended Practice. The normal services of public authorities ata port should be provided without charge during normal working hours.Public authorities should establish normal working hours for theirservices at ports consistent with the usual periods of substantialworkload.

  5.4.1 Standard. Contracting Governments shall adopt all practicablemeasures to organize the normal services of public authorities at ports inorder to avoid unnecessary delay of ships after their arrival or whenready to depart and reduce the time for completion of formalities to aminimum, provided that sufficient notice of estimated time of arrival ordeparture shall be given to the public authorities.

  5.4.2 Standard. No charge shall be made by a health authority for anymedical examination, or any supplementary examination, whetherbacteriological or otherwise, carried out at any time of the day or night,if such examination is required to ascertain the health of the personexamined, nor for visit to an inspection of a ship for quarantine purposesexcept inspection of a ship for the issue of a Deratting or DerattingExemption Certificate, nor shall a charge be made for any vaccination of aperson arriving by ship nor for a certificate thereof. However, wheremeasures other than these are necessary in respect of a ship or itspassengers or crew and charge are made for them by a health authority,such charges shall be made in accordance with a single tariff which shallbe uniform to the territory concerned and they shall be levied withoutdistinction as to the nationality, domicile or residence of any personconcerned or as to the nationality, flag, registry or ownership of theship.

  5.4.3 Recommended Practice. When the services of public authoritiesare provided outside the regular working hours referred to in RecommendedPractice 5.4, they should be provided on terms which shall be moderate andnot exceed the actual cost of the services rendered.

  5.5 Standard. Where the volume of traffic at a port warrants, publicauthorities shall ensure that services are provided for the accomplishmentof the formalities in respect of cargo and baggage, regardless of valueor type.

  5.6 Recommended Practice. Contracting Governments should endeavour tomake arrangements whereby one Government will permit another Governmentcertain facilities before or during the voyage to examine ships,passengers, crew, baggage, cargo and documentation for customs,immigration, public health, plant and animal quarantine purposes when suchaction will facilitate clearance upon arrival in the latter State.

  D. Cargo not discharged at the port of intended destination

  5.7 Standard. Where any cargo listed on the Cargo Declaration is notdischarged at the port of intended destination, public authorities shallpermit amendment of the Cargo Declaration and shall not impose penaltiesif satisfied that the cargo was not in fact loaded on the ship, or, ifloaded, was landed at another port.

  5.8 Standard. When by error, or for another valid reason, any cargo isdischarged at a port other than the port of intended destination, publicauthorities shall facilitate reforwarding to its intended destination.This provision does not apply to dangerous, prohibited or restrictedcargo.

  E. Limitation of shipowner's responsibilities

  5.9 Standard. Public authorities shall not require a shipowner toplace special information for use of such authorities on a bill of ladingor a copy thereof, unless the shipowner is, or is acting for, the importeror exporter.

  5.10 Standard. Public authorities shall not hold the shipownerresponsible for the presentation or accuracy of documents which arerequired of the importer or exporter in connection with the clearance ofcargo, unless the shipowner is, or is acting for, the importer orexporter.

  F. Emergency assistance

  5.11 Standard. Public authorities shall facilitate the arrival anddeparture of ships engaged in disaster relief work, the combating orprevention of marine pollution, or other emergency operations necessary toensure maritime safety, the safety of the population or the protection ofthe marine environment.

  5.12 Standard. Public authorities shall, to the greatest extentpossible, facilitate the entry and clearance of persons, cargo, materialand equipment required to deal with situations described in Standard 5.11.

  G. National facilitation committees

  5.13 Recommended Practice. Each Contracting Government should, whereit considers such action necessary and appropriate, establish a nationalmaritime transport facilitation programme based on the facilitationrequirements of this Annex and ensure that the objective of itsfacilitation programme should be to adopt all practical measures tofacilitate the movement of ships, cargo, crews, passengers, mail andstores, by removing unnecessary obstacles and delays.

  5.14 Recommended Practice. Each Contracting Government shouldestablish a national maritime transport facilitation committee or asimilar national co-ordinating body, for the encouragement of the adoptionand implementation of facilitation measures, between governmentaldepartments, agencies and other organizations concerned with, orresponsible for, various aspects of international maritime traffic, aswell as port authorities, shipowners and operators. Note: In establishinga national maritime transport facilitation committee or a similar nationalco-ordinating body, Contracting Governments are invited to take intoaccount the guidelines set out in FAL. 5/Circ. 2.

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