présentation fal v3

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Introduction to the FAL convention The Convention on Facilitation of International Maritime Traffic, 1965

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Page 1: Présentation FAL v3

Introduction to the FAL convention

The Convention on Facilitationof International Maritime Traffic, 1965

Page 2: Présentation FAL v3

OUTLINES OF THE PRESENTATION   I - Presentation of the Convention 

1. The aim of the convention2. History and present status 3. Basic structure 4. Standards and recommended practices: the annex to the convention  II - The convention in action

1. The FAL committee2. The tool kits associated with the convention3. Theory and practice - use of the FAL convention for Single Window and

electronic transmissions4. The need for an updated instrument - current revision of the convention5. Establishment and operation of a National FAL Committee for the

simplification of formalities 

Page 3: Présentation FAL v3

I - 1.

THE AIM OF THE CONVENTION

The stated aim of the FAL Convention is :

to simplify, to reduce and to internationally harmonize the formalities, documentary requirements and procedureson the arrival, stay and departure of ships engaged in international voyages.

The facilitation focus of the FAL convention is thus on the formalities related to ship call in port, rather than on the wider trade flows.

 It is a strategic objective of the IMO that the promotion of safe, secure and environmentally sound shipping do not unduly affect the efficiency of shipping, and that a right balance is struck between security and trade facilitation.

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I - 3.

BASIC STRUCTURE OF THE CONVENTION

A framework treaty and a annex

The convention establishes an operative framework, comprising:

The fundamental obligations of the state party,The scope,The legal standing of the standard and recommended practice used in the annex,The formal and tacit amendment procedures,The final clauses concerning signature, ratification, accession, entry into force,

depository authorities, denunciation

The actual standard and recommended practice for facilitation, as well as the FAL forms, are incorporated in the annex to the convention.

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I - 3.

The fundamental obligations

The basic obligations of the convention are stated in article 1 to 4:

The Governments undertake to adopt measures to facilitate international maritime traffic and to prevent delays to ships and to persons and property on board.

The Governments undertake to co-operate, with each other in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships, in ways no less favorable than for other international modes of transport.

The Contracting Governments undertake to co-operate in securing uniformity in formalities, documentary requirements and procedures in matters that will facilitate international maritime traffic, and keep to a minimum any modifications in formalities to meet special requirements of a domestic nature.

The Contracting Governments undertake to co-operate through the IMO to achieve the ends of the convention

Page 6: Présentation FAL v3

I - 3.

Flexibility of the FAL convention

The substantial rules of the FAL convention on facilitation are incorporated into the annex

The annex can be amended by a conference or by the tacit amendment procedure. The tacit procedure allows for relatively easy updating of the substantial provisions.

The rules in the annex are either standards or recommended practices :

(a) Standards are those measures the uniform application of which by Governments is deemed necessary in order to facilitate international maritime traffic;(b) Recommended Practices are those measures the application of which by Government is deemed

desirable in order to facilitate international maritime traffic.

standards or recommended practices may be subject to notification of difference or of compliance:

A Contracting Government that finds it impracticable to comply with a Standard or which deems it necessary to adopt formalities differing from that Standard, shall notify the Secretary-General of the differences between its own practice and such Standard. The notification may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into accord with the Standard.

A Contracting Government shall notify the Secretary-General of its compliance with any Recommended Practice.

The Secretary-General informs the Contracting Governments of any notification made to him.

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I – 4.

Operative principle of the annex,

or the convention in three words :

"no more than…“

Generally speaking, facilitation standards are to be considered as minimum, allowing States to provide greater facilitation.

The contracting governments should not require other declaration than the nine declarations listed, and no more data in those declarations than the data listed in the convention.

But they may require less.

What they require, they should accept in the standardized Forms established by the convention.

Seven of the declarations are standardized as FAL Forms, described in the appendix 1.

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I - 4.

Content of the annex:

Overview

1.Definitions and general provisions;2.Arrival, stay and departure of the ship;3.Arrival and departure of persons;4.Stowaways;5.Arrival, stay and departure of cargo and other articles;6.Public health and quarantine, including sanitary measures for animals and plants;7.Miscellaneous provisions.

Appendix 1 - The 7 IMO FAL FormsAppendix 2 - Format of a letter referenced to in Standard 3..3.1 (covering letter replacing seized documents)Appendix 3 - Format referred to in Recommended Practice 4.6.2 (notification of Stowaways)

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The content of the Annex,

with highlight of some essential provisions:

Section 1 - Definitions and general provisions A. Definitions B. General provisions

The general principle of the FAL convention is that request for information should be kept to a minimum, Introducing electronic exchange for clearance processes should be considered, in consultation with the interested parties Information requirements should be compatible with other information systems

C. Systems for the electronic exchange of information

The use of UN/EDIFACT is prescribed for electronic transmissions. Transmission required by electronic transmission should be limited to the information determined by the FAL convention Submissions in paper form should still be accepted

D. Illicit drug trafficking

Cooperation should be sought with shipowners concerned to improve their ability to combat drug smuggling Principle of confidentiality of sensitive commercial information

E. Control techniques

The use risk management to facilitate legitimate circulation is recommended

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Section 2 - Arrival, stay and departure of the ship

This part is the core of the convention. It contains the definitions of what formalities may be requested from the shipowner in relation with the call of a ship, and in what form.

A. General

Public authorities should not require on arrival or departure of ships documents other than those listed. No fee should be requested in connection with the submitting of such documents. It is recommended to develop systems for the lodgement of pre-arrival and pre-departure information, in order to expedite clearance. Information provided by pre-arrival notification should not be requested again at arrival.

B. Contents and purpose of documents

The General Declaration is the basic document on arrival and departure providing data required by public authorities relating to the ship. The Cargo Declaration is the basic document providing data relating to the cargo. Particulars of dangerous cargo may be required through the

dangerous good manifest The Ship’s Stores Declaration is be basic document providing information relating to ship’s stores. The Crew’s Effects Declaration is the document relating to crew’s effects. The data that may be requested in the crew and passenger list are listed. No disembarkation cards you be required for passengers listed in the passengers list, bar health concerns requiring communication of adress. Information relating to dangerous good should be requested through the dangerous good manifest. Reference is made to the Universal Postal Convention for postal item, and to the Maritime Declaration of Health

C. Documents on arrival

The maximum number of copies of each FAL form that may be requested is specified, D. Documents on departure

No new document should be requested when no change has occurred E. Consecutive calls at two or more ports in the same State

Information transmitted at the first port should be taken into account and not asked again. F. Completion of documents

Some rules on language Authentication mays use signature or other means, by the master or on his behalf.

G. Errors in documentation and penalties therefore

The correction of inadvertent and not serious errors in a document should be allowed without penalties. H. Special measures of facilitation for ships calling at ports in order to put ashore sick or injured crew members,

passengers, persons rescued at sea or other persons for emergency medical treatment Ships calling at ports for such purposes should not be required to complete the procedures intended for a commercial call. Treatment and protection should be given priority over controls.

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Section 3 - Arrival and departure of persons

A. Arrival and departure requirements and procedures

defines the documents accepted to identify the passengers, and the crew. sets some basic principle for identity control (inspection of documents only once, documents handed back immediately...) sets the principles for the return of person found inadmissible. establishes the responsibility of the shipowners for the care of passengers and crew before they have been found admissible. establishes the responsibility of the shipowners for the cost of returnings passengers and crew found inadmissible. defines the data that may be required in embarkation /disembarkation cards, recognizes the International Certificate of Vaccination. sets rules for the inspection of luggage and medical examination

B. Measures to facilitate clearance of passengers, crew and baggage

Provides some general principle to promote satisfactory trafic flows. Shipowners should take precaution so that passengers are in possession of valid documents

C. Special facilities for marine transport of elderly and disabled passengers

There should be facilities to allow as far as precticable the embarkation of elderly and disabled passengers D. Facilitation for ships engaged on cruises and for cruise passengers

In case of successive calls in a same country, unchanged data should not have to be resubmitted, passengers should be inspected only once. cruise passengers should be exempted from visa for stays of less than 72 h. Control should be, if practicable, carried out aboard before arrival. health control limited to the Maritime Declaration of Health No written declaration of passengers' personnal effects should be requested No embarkation /disembarkation card should be required from cruise passengers.

E. Special measures of facilitation for passengers in transit

No routine control of passenges that remain aboard No embarkation /disembarkation card should be required from passengers in transit, nor written customs declaration. Passengers in transit should be granted temporary permission to come ashore.

F. Measures of facilitation for ships engaged in scientific services

scientific personnel are to enjoy the same facilitation as crew G. Further measures of facilitation for foreigners belonging to the crews of ships engaged in international voyages

Crew should be allowed shore leave without visa, personnal check or special permit.

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Section 4 - Stowaways A. General Principles

The Contracting Governments should ensure that arrangements are in place to prevent stoaways boarding ships The precautionnary measures to contemplate are listed (patrolling, monitoring, inspecting, enclosing, restricting, reporting...)

B. Preventive measures

Shipowner should be required by the Contracting Government to have preventive measures in place (watch, control of access, lighnting, searches...)

Measure should be in place for the eventual prosecution of stowaways. 4C. Treatment of the stowaway while on board

The needs of stowaways while on board should be adequately catered for by the shipowner. Shipmasters should try to establish their identity. Case should be reported to the IMO.

D. Deviation from the planned route

Shipowners should not deviate their ships to disembark stowaways, except in agreement with the State where disembarkation is intended, and in special cases.

E. Disembarkation and return of a stowaway

The respective liabilities of the first port of call after a stowaways has been discovered, and of the subsequent port of call, are established (repatriation should be accepted when the arrangements for repatriation are in place.

The state of nationality should accept the return of their nationals, also the State of boarding if the discovery occurs still in its territorial waters. The Contracting Governments should cooperate to identify and repatriate stowaways. Covering letter should be emitted and accepted in place of identity documents A stowaways should not be sent back where it has been found inadmissible. The cost of reaptriation are on the shipowners but they should be kept to a minimum by public authorities. Mitigation of the penalties against the shipowner should be considerec according to the diligence of its preventative measures and cooperation.

Page 13: Présentation FAL v3

Section 5 - Arrival, stay and departure of cargo and other articles A. General

Appropriate measure should be taken to keep port time to a minimum and provide for satisfactory cargo flow at all stages. B. Clearance of cargo

Reference is made, as regards clearance of cargo, to the Kyoto convention on the simplification and harmonization of customs procedures The clearance of live animal and perishable goods should be prioritized, Simplified procedures should be considered for authorized persons. (AEO)

C. Containers and pallets

Transport equipements should be permited temporary admission without duties, and allowed to depart under simplified control procedures D. Cargo not discharged at the port of intended destination

No penalties should be imposed when a cargo is not unloaded at the intended port, if the shipowner can prove it was not loaded, or unloaded at an other port.

re-forwarding of cargo unloaded by error should be facilitated. E. Limitation of shipowner's responsabilities

The shipowner is not responsible for the provision of information that are of the knowledge of the importer or exporter. The shipowner is not responsible for the provision or accuracy of documents that are required from the importer or exporter in relation with the

clearance of cargo.

Section 6 - Public health and quarantine, including sanitary measures for animals and plants

Reference is made to the International Health regulation, whose provision should be applied Special arrangments beetwen States should be sough where relevant Sanitary Certificates required should be publicized and standardized, Pratique should be granted by radio when no information suggest a health risk, Shipowners should cooperate so that Ilness aboard is reported promptly, Travel agencies should be made to provide to passengers adequate information regarding vaccination, Authorities should ensure that the International Certificate of Vaccination is used, Adequate facilities should be maintained in port, for the administration of public health and quarantine, included animal and agricultural. Facilities should be available for the emergency treatment of crew and passengers, A ship not suspected of being infected should not be denied pratique on account of a epidemic disease (except in emergency)

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Section 7 - Miscellaneous provisions A. Bonds and other forms of security

Comprehensive bonds should be allowed B. Services at ports

Recommendation are made for administrative working hours consistent with periodes of workload in port, The services of public authorities should be organized so as to avoid unecessary delays to ships otherwise ready for further

operations No charge for medical examination required by quarantine – except deratisation certificates, The Contracting Governements should endeavour to reach arrangments that would allow a Governement to maintain facilities on

the territory of another, if that would facilitate clearance at arrival C. Emergency assistance

Public authorities should facilitate the entry and departure of ship engaged in emergency assistance (disaster relief, combating of marine pollution, rescue at sea...)

Clearance for the personnel and material needed for such operation should be facilitated as well. D. National facilitation committees

The Contracting Governments should establish national facilitation programme and Committee

Page 15: Présentation FAL v3

II - 1.

THE CONVENTION IN ACTION

THE FAL COMMITTEE

(the FAL convention is a living instrument)

Facilitation matter are followed in the IMO by the Facilitation Committee (FAL committee), which is one of the Committees established under the founding convention of the IMO.

The FAL committee was formally institutionalized on 7 December 2008, following the entry into force of the 1991 amendments to the IMO Convention, joining the MSC, MEPC, LEG, and TCC committees.

The FAL committee, meets in London at IMO headquarter. It is monitoring the FAL convention and is the organ through which the convention can be amended, using the tacit amendment procedure.

Like all IMO committee, the FAL committee during its meeting can subdivide in 3 working groups and 1 drafting group. Between meeting, it can create correspondence group to advance its work, like the correspondence group on the revision of the convention or the group on the accomplishment of formalities by electronic means.

The committee may also elaborate questionnaire to the member states, or request reporting, such as on stowaways occurrences.

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II - 2. 

THE ‘TOOL KITS’ ASSOCIATED WITH THE CONVENTION 

manual, compendium, guidelines, UN/EDIFACT, ISO standards  The convention does not stand alone,  Various tools have been elaborated around it or used to its ends, to complement it and to help in its implementation. Those tools are primarily the manual, the compendium and the single window guidelines, some UN/EDIFACT messages and ISO standards 28005.  

A .The Manual of the FAL convention

An Explanatory Manual to the Convention on Facilitation of International Maritime Traffic, can be found in document FAL.3/Circ.202. The Manual contains guidance and interpretation of the provisions of the annex of the FAL Convention, assists in interpreting the legal text of the provisions and aims to provides for a greater understanding of the Convention.

Page 17: Présentation FAL v3

 II - 2. 

THE ‘TOOL KITS’ ASSOCIATED WITH THE CONVENTION The FAL forms included in the FAL convention are paper forms. To allow for the implementation of the FAL convention through electronic transmission, several specific resources have been developed, and several existing resources put to use: B. The FAL compendium The compendium is a translation of the FAL Forms in electronic messages.Each Form is annotated with cross-references to UN/EDIFACT data codes.The compendium recommends UN/EDIFACT Messages for the transmission of each of the FAL Form and

provides Implementation Guideline for the use of the UN/EDIFACT Messages to that purpose. ISO 28005 is referenced as appropriate for XML transmission.A Mapping Table of the Forms in the EDI format codes of the UN/EDIFACT Messages is provided.So, this information can be used to complete UN/EDIFACT Messages for transmitting FAL Form data in

EDI format. C. The Guidelines for setting up a single window system in maritime transport Published by FAL.5/Circ.36, these guidelines are meant to assist the setting up a single window in

maritime transport.The guidelines proceed from basic documents such as UN/CEFACT Recommendation No. 33 on single

windows and 35 on the legal aspect of setting up a single windows, and present the relevant resources of the FAL convention and the compendium,

They identify the various users that intervene in the maritime sphere, expose their data needs, and how the FAL data may relate to those needs.

They present the various Institutions involved in the elaboration of electronic transmission standards, such as the UNECE, the WCO, the UNCITRAL... Various case studies are appended,

Page 18: Présentation FAL v3

II - 2. 

THE ‘TOOL KITS’ ASSOCIATED WITH THE CONVENTION 

D. ISO standards 28005 The FAL compendium relies on UN/EDIFACT messages and data definitions, but these are not universally used. Some (not all) may find UN/EDIFACT old fashioned, or too complicated. ISO standards 28005, elaborated by TC8 and dedicated to port clearance, offers the alternative of using a XML format for the electronic transmission of the FAL Forms data. ISO standards 28005, comprises 2 parts: Message structures and Core data elements Part I contains technical specifications that facilitate the exchange of electronic information between ships and shore for coastal transit or port calls. It covers the exchange of information required under the FAL Convention on Facilitation and some other international instrumentsIt, can be used to implement a single window for port clearance, and can be further used to standardize interface in logistics activities. Part 2 contains definitions of core data elements for electronic port clearance (EPC). These elements cover the requirements for all FAL declarations, but also: • ISPS reporting requirements, • reporting on ship-generated waste as defined in MEPC 644, • general ship reporting requirements as defined in IMO Resolution A.851., • reporting as defined in the bulk loading and unloading code IMO Resolution A.862, • ETA reporting to pilot station as defined in IMO Resolution A.960.

Page 19: Présentation FAL v3

II-3.

THEORY AND PRACTICE

what can be done with the FAL convention and the tool kits

Declarations included in the FAL convention, or planned to be incorporated

Declaration listed in the FAL convention

FAL Form

FAL e-message in the Compendium (based on EDIFACT)

ISO 28005-2 (based on XML)

Actual

General Declaration – FAL Form 1 CUSREP Data mapped Cargo Declaration – FAL Form 2 CUSCAR Data mapped Ship's Stores Declaration – FAL Form 3 INVRPT/CUSCAR Data mapped Crew's Effects Declaration – FAL Form 4 PAXLST Data mapped Crew List – FAL Form 5 PAXLST Data mapped Passenger List – FAL Form 6 PAXLST Data mapped Dangerous Goods Manifest – FAL Form 7 IFTDGN Data mapped The document required under the Universal Postal Convention for mail

Maritime Declaration of Health

Considered

[Security-related information as required under SOLAS regulation XI-2/9.2.2]

CUSREP /BERMAN Data mapped

[Advance Electronic Cargo Information for customs risk assessment purposes]

[Advanced Notification Form For Waste Delivery to Port Reception Facilities, when communicated to the Organization. ]

Data mapped

Page 20: Présentation FAL v3

II-3.

THEORY AND PRACTICEwhat the potential users would find

Several authorities may be able to perform all or some of their formalities and procedures through the FAL forms and associated messages.

Or at least access information available through this channel, that may be of use to them, occasionally or regularly

There may be several ways to present those authorities. We will take a closer look using the following grouping :

• Port authorities• Customs• Maritime authorities / Navy• Immigration• Health authorities• Police

Page 21: Présentation FAL v3

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

PORT AUTHORITIES

Notification of arrival and departure

General Declaration

Coordination of nautical services

(tug, pilot, Mooring services)

General Declaration

Relevant information can be obtained through the General Declaration, but

the FAL forms or Data are not geared to obtain operational information such as ship's draft, request for tug, pilot, ect…

Berth management

General Declaration Cargo Declaration

Dangerous Goods Manifest

Payment of port dues

General Declaration Cargo Declaration

Dangerous Goods Manifest Passenger List

Planning of commercial operation

General Declaration Cargo Declaration

Dangerous Goods Manifest

Security /safety in port

Dangerous Goods Manifest ISPS declaration

Statistics

General Declaration Cargo Declaration

Dangerous Goods Manifest Passenger List

Other services

Waste declaration

As of now, only standardized under ISO 28000

The FAL convention is potentially most relevant to port authorities, but port managing port single windows may feel the need to request additional information for operational nautical purpose

Page 22: Présentation FAL v3

AUTHORITIES

Mains needs to interface w ith

users

W hat FAL can do

C om m ents

Temporary admission of ship stores

FAL Form Ship's Stores

Declaration

Temporary admission of crew effects

FAL Form Crew's Effects

Declaration

Cargo Declaration (from the shipowner)

FAL Form Cargo Declaration

Import /export procedures

(P rocedures conducted by or on beha lf of the cargo in terests , ra ther than the sh ipowner)

Customs dues and levy of taxes (Except where C ustom s collects port dues base on cargo and passenges de lc la ration)

Control over prohibited goods

The cargo decla ra tion and D angerous G oods M anifest m ay be of som e use

Transit procedure A beefed up cargo declaration

could be re levant Temporary storage

CUSTOMS AUTHORITIES

Security,

Risk assessment Entry summary declaration

S ee W C O safe fram ew ork o f s tandards The Fa l form s lack the in form ation fo r su itab le risk assessm ent (no exporter, no rece iver, no fina l destina tion or in itia l p lace of sh ipp ing)

The FAL convention has only a relatively minor relevance in the larger context off Custom s' function There m ay be a m aritime single w indow co -existing w ith a Customs single w indow s, or a trade single w indows able to perform both set of function But a m aritime single w indows only based on FAL could not perform all the functions of a trade single w indows Ship's Stores Declaration and Crew 's Effects Declarati on, used for control pupose, are liable not be covered by a customs single w indow, where one exists.

Page 23: Présentation FAL v3

<date/heure> <pied de page>The FAL convention is potentially most relevant to port authorities, but ports operating port single windows may feel the need to request additional information for operational nautical purposes

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

PORT AUTHORITIES

Notification of arrival and departure

General Declaration

to the harbor master, for entry and departure clearance

of the ship

Coordination of nautical services

(tug, pilot, Mooring services)

General Declaration

Relevant information can be obtained through the General Declaration, but the FAL forms or Data are not geared

to obtain operational information such as ship's draft, request for tug,

pilot, ect…

Berth management

General Declaration

Cargo Declaration Dangerous Goods Manifest

Payment of port dues

General Declaration Cargo Declaration

Dangerous Goods Manifest Passenger List

Planning of commercial operation

General Declaration

Cargo Declaration Dangerous Goods Manifest

Security /safety in port

Dangerous Goods Manifest ISPS declaration

Statistics

General Declaration Cargo Declaration

Dangerous Goods Manifest Passenger List

Other services

Waste

declaration

As of now, only standardized under ISO 28000

Page 24: Présentation FAL v3

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

MARITIMES AUTHORITIES

/NAVY

Port State Control

General Declaration

A General Declaration provided sufficiently in advance may be

adequate to plan Port State Control Activities, in association with a

dedicated PSC information system

Vessel Traffic Monitoring

General Declaration Cargo Declaration Dangerous Goods

Manifest

FAL forms may bring complementary information to the data obtained

through AIS, LRIT, radars and radio communications

Search And Rescue

Crew List Passenger List

The Crew and passengers list may

provide information needed for SAR operations

Response to accidents at sea

Cargo Declaration Dangerous Goods

Manifest

The Cargo Declaration and Dangerous Goods Manifest may

provide relevant information. More detailed information such as stowage plan may also be needed

The FAL forms and data may provide useful complementary information to the maritime authorities in charge of Vessel traffic monitoring, SAR operation and response to accident at sea

Page 25: Présentation FAL v3

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

IMMIGRATION AUTHORITIES

Admittance of people On the national territory

Crew List Passenger List

The crew and passengers lists are not usually used to provide clearance for access of people to the national territory, but may be used to get advance information for evaluation and planning purpose. They would be complementary to more specialized system such as Visa Information Systems.

Crew shore leave

Crew List

The crew list may provide adequate information for the purpose of shore leave

Crew transit

Passenger List

Transit of seafarers would be considered as requiring entry on the territory

Cruise passengers visits ashore

Passenger List

The passengers list may provide adequate information for the purpose of the visits ashore of cruise passagers

Cruise passengers transit

Passenger List

Transit of passengers would be considered as requiring entry on the territory

The crew and passengers list provide information that are relevant for immigration authorities. Where admittance on the territory is concerned, specialized information system would usually be used by immigration authorities to grant clearance

Page 26: Présentation FAL v3

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

HEALTH AUTHORITIES

General awareness

General Declaration Cargo Declaration

Crew List Passenger List

The FAL forms may provide the health authorities with a general awareness of the movements and provenance of ships and the people and cargo aboard, for planning and risk assessment purpose.

Human health

Maritime Declaration of Health

The Maritime Declaration of Health is listed in the FAL convention, but the convention and associated instruments does not provide for a standardized form or data model to effect this declaration A Form is provided in the International Health Regulation

Plant and animal quarantine

Food security

The FAL forms are relevant to the health authorities for general awareness purpose, but they do not cater to their more specialized needs.

Page 27: Présentation FAL v3

The FAL Forms may be a source of intelligence, among others, to the police authorities for risk assessment purpose and the planning of activities.

AUTHORITIES

Mains needs to interface with users

What FAL can do

Comments

POLICE AUTHORITIES

Security

ISPS Declaration

Only defined as a electronic message through the compendium,

and also in ISO 28005

General awareness

All FAL Forms

Page 28: Présentation FAL v3

II - 4.

THE NEED FOR AN UPDATED INSTRUMENT

On the ground :

The implementation of the FAL convention is defective :

The Experience of captains and shipping companies suggests that duplicative transmissions, and data requirements in excess of what is allowed under the FAL convention are rife, often on the basis of national, or merrely local, regulations and practices.

A significant number of differences have been notified to IMO secretary General.

Many more differences seems actually not to have been notified. This indicates that some states find that the FAL convention does not answer

their needs, or that the benefits of facilitation may not have been sufficiently considered.

On the other hand,

a renewed anxiousness about facilitation seems to be emerging, after a period dominated by the introduction of many new regulatory complexities, in good part adopted to promote security and environmental protection.

The recent period has seen the development of a growing number of electronic single windows.

Page 29: Présentation FAL v3

II - 4.

THE NEED FOR AN UPDATED INSTRUMENT

To adress the need to update the convention and help to reinvigorate the drive for facilitation, the FAL Committee agreed to set up an intersessional Correspondence Group for a comprehensive review of the FAL Convention. The group was tasked with reviewing the convention and makes proposition to the Committee, so as to, inter allia:

« modernize its provisions through taking into account, for example, developments in the field of the electronic transmission of information and data and the Single Window concept. »

« identify the scope for harmonizing the provisions of the Convention with the

current security requirements of other relevant IMO instruments; »

« harmonize duplicated requirements; adding new definitions for globally-used terminology; and reviewing the structure of the Convention. »

This group is now concluding its third review.

Page 30: Présentation FAL v3

II – 5.

ESTABLISHMENT AND OPERATION OF A NATIONAL FAL COMMITTEE

FOR THE SIMPLIFICATION OF FORMALITIES

Facilitation can only prosper with the involvement and cooperation of all parties concerned, be they the providers or data, or their recipients. In recognition of this, the FAL convention includes a Recommended Practice inciting to the establishment of a National facilitation committees:

7.12 Recommended Practice. Each Contracting Government should establish a national maritime transport facilitation committee or a similar national co-ordinating body, for the encouragement of the adoption and implementation of facilitation measures, between governmental departments, agencies and other organizations concerned with, or responsible for, various aspects of international maritime traffic, as well as port authorities and shipowners.

This National facilitation committee would be intrumental in devising a national

maritime transport facilitation programme, as advised by Recommended Practice 7.11

Page 31: Présentation FAL v3

II – 5.

ESTABLISHMENT AND OPERATION OF A NATIONAL FAL COMMITTEE

FOR THE SIMPLIFICATION OF FORMALITIES

The FAL committee has adopted a circular, FAL.5/Circ. 2., that councels on the functionning of National facilitation committees:

Care should be given not to overlap whith other national facilitation programme.

The required authorities should be involved: immigration, customs, consular, passport and visa, public health, agriculture, security and narcotic control, port authorities.

Representatives of, shipowners, freight forwarders and shipping agents should

participate in a coordinated manner.

Meeting should be regular and inspection tours be arranged.

Governement should exchange about the work and programme of their national Committees.

Page 32: Présentation FAL v3

Thank you for your attention