On the Ratification of the Convention Revising the 1958 Convention on Seafarers' Identity Documents (Convention No. 185)
Law of the Republic of Kazakhstan dated March 12, 2010 No. 254-IV
To ratify the Convention Revising the 1958 Convention on Seafarers' Identity Documents (Convention No. 185), adopted in Geneva on June 19, 2003.
President of the Republic of Kazakhstan N. Nazarbayev
INTERNATIONAL LABOUR CONFERENCE
(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 2, Article 15) (Entered into force on November 17, 2010)
Convention 185
CONVENTION REVISING THE 1958 CONVENTION ON SEAFARERS' IDENTITY DOCUMENTS
The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on June 3, 2003 for its 91st session, aware of the constant threat to the safety of passengers, crew members, as well as the safety of ships, the national interests of States and the safety of everyone, aware also of the basic mandate of the Organization, which consists of in promoting decent working conditions, considering that, due to the global nature of maritime transport, seafarers need special protection, Recognizing the principles embodied in the 1958 Convention on Seafarers' Identity Documents concerning the facilitation of the admission of seafarers to the territory of Member States for the purpose of shore leave, transit, transfer to another vessel or for the purpose of return to their homeland, taking into account the 1965 Convention on the Facilitation of International Maritime Navigation of the International Maritime Organization, as amended, in in particular Standards 3.44 and 3.45, further taking into account, That Resolution A/RES/57/219 (Protection of human rights and fundamental freedoms while countering terrorism), adopted at the United Nations General Assembly, confirms that States must ensure that any measures taken in the fight against terrorism comply with their obligations under international law, in particular international law human rights, refugee and humanitarian law standards, realizing that seafarers work and live on ships used in international trade, and that access to shore-based social facilities and shore leave are essential elements for ensuring the overall well-being of seafarers, which are therefore of great importance for ensuring the safety of navigation and the cleanliness of the oceans, further realizing the great importance of being able to disembark to appear on a ship or leave it after an agreed period of service, Taking note of the amendments to the International Convention for the Safety of Life at Sea, 1974 (as amended), Concerning special measures to improve maritime safety, which were adopted on December 12, 2002 at the Diplomatic Conference of the International Maritime Organization, having decided to adopt a number of proposals related to improving the reliability of identification of seafarers, which is the seventh item on the agenda of the session, having decided to give these proposals the form of an international convention revising the 1958 Convention on Seafarers' Identity Documents, adopts On this nineteenth day of the month of June, two thousand and three, the following Convention, which may be referred to as the Seafarers' Identity Documents Convention (Revised) 2003.
Article 1
Scope of application
1. For the purposes of this Convention, the term "seafarer" means any person employed, employed or employed in any capacity on board a ship, with the exception of warships normally used in maritime navigation. 2. In case of any doubt as to whether any categories of persons are considered seafarers in relation to this Convention, this issue shall be resolved in accordance with the provisions of this Convention by the competent authority of the State of nationality or permanent residence of such persons, after consultation with the shipowners' and seafarers' organizations concerned. 3. After consultation with representative organizations of fishing vessel owners and persons working on board fishing vessels, the competent authority may apply the provisions of this Convention to commercial marine fisheries.
Article 2
Issuance of seafarers' identity cards
1. Each Member State for which this Convention is in force shall issue, on the basis of a declaration by any of its nationals who are seafarers, a seafarer's identity document conforming to the provisions contained in article 3 of this Convention. 2. Unless otherwise provided in this Convention, the issuance of seafarers' identity documents may be subject to the same conditions as those provided for by national legislation and other regulatory legal acts regarding the issuance of travel documents. 3. Each Member State may also issue the seafarers' identity cards referred to in paragraph 1 to seafarers who have been granted permanent residence status in its territory. Persons permanently residing in the territory of the State, in all cases, move in accordance with the provisions of paragraph 7 of Article 6.4. Each Member State shall ensure that seafarers' identity documents are issued without undue delay. 5. Seafarers have the right to an administrative appeal if their applications are refused. 6. This Convention does not prevent any Member State from fulfilling its obligations arising from international provisions concerning refugees and stateless persons.
Article 3
Content and form
1. The contents of the seafarer's identity card, which is subject to the provisions of this Convention, correspond to the model presented in Annex I to this Convention. The form of this document and the materials used in its manufacture comply with the general technical requirements provided for in this model, which is based on the criteria set out below. Annex I may be amended, as necessary, in accordance with the provisions of article 8 below, taking into account, in particular, technological developments, provided that the amendment does not contradict the following paragraphs. The decision to adopt the amendment specifically specifies the date of its entry into force, taking into account that Member States need to allow sufficient time to make the necessary changes to national seafarers' identity cards and related procedures. 2. The seafarer's identity card is drawn up in a simple form, is made of durable materials, taking into account the special working conditions at sea, and is suitable for machine reading. Materials used: (a) Prevent, as far as possible, the forgery or forgery of this document and make it easy to detect changes; (b) Are accessible to all Governments at minimal cost and ensure the reliable achievement of the objective set out in subparagraph (a) above. 3. Member States shall take into account all available guidelines developed by the International Labour Organization on standards for the technology to be used in order to facilitate the application of a common international standard. 4. The size of the seafarer's identity card does not exceed the size of a regular passport. 5. The seafarer's identity card contains the name of the institution that issued it, information allowing immediate contact with that institution, the date and place of issue of the document, as well as the following notes: (a) This document is a seafarer's identity document for the purposes of the International Labour Organization Convention on Seafarers' Identity Documents (Revised) 2003; (b) This document has a separate character and is not a passport. 6. The maximum period of validity of a seafarer's identity card is established in accordance with the legislation and other regulatory legal acts of the issuing State, but in no way exceeds ten years, subject to its extension after the first five years. 7. The seafarer's identity card includes only the following information about its owner: a) full name (surname, first name and other parts of the name, if any); b) gender; c) date and place of birth; d) nationality; e) any special physical features that may be useful for identification; f) digital photograph or original photograph; g) signature. 8. Notwithstanding the provisions of paragraph 7 above, the seafarer's identity card must also contain a template for biometric elements or other biometric data provided by the holder that meets the technical requirements set out in Annex I, subject to the following prerequisites: a) biometric data can be obtained without violating the privacy of the persons concerned, without causing them inconvenience, without risking their health or encroaching on their personal dignity; (b) Such biometric data should be visually distinguishable in the seafarer's identity document, and the possibility of reproducing it from a template or other form of presentation should be excluded; (c) The equipment necessary for obtaining and verifying biometric data should be user-friendly and generally affordable to Governments at low cost.; (d) The equipment needed to verify biometric data can be easily and reliably operated in ports and other locations, including on board ships, where the identity of seafarers is usually verified by competent authorities; (e) The system within which biometric data (including equipment, technologies and procedures) should be used, It allows you to get results that are uniform and provide reliable identification. 9. All information about the seafarer is entered into the identity card in such a way that they are visually distinguishable. Seafarers are provided with unhindered access to equipment that allows them to check any data concerning them that cannot be read with the naked eye. Such access is provided by or on behalf of the issuing authority. 10. The content and form of the seafarer's identity card are established in accordance with the relevant international standards, which are set out in Annex I.
Article 4
National electronic database
1. Each Member State shall ensure that records of each seafarer's identity card issued by it, of a certificate that it has temporarily suspended or withdrawn, are stored in an electronic database. Necessary measures are being taken to protect this database from intrusion or unauthorized access to it. 2. The information contained in this database is limited only to the information necessary to verify a seafarer's identity card or seafarer's status, while fully respecting seafarers' right to confidentiality of their personal data and meeting all applicable data protection requirements. This information is set out in Annex II to this Convention, which may be amended in accordance with the procedure set out in article 8 below, taking into account that Member States are required to provide sufficient time to make the necessary changes to their national database systems. 3. Each Member State shall establish procedures to enable any seafarer who has been issued a seafarer's identity card to examine and verify, free of charge, the validity of all data concerning that person entered into or stored in an electronic database and, if necessary, to submit amendments. 4 Each Member State shall designate a permanent coordination center with the aim of responding to requests from immigration authorities or other competent authorities of all Member States regarding the authenticity and validity of seafarers' identity cards issued by its authority. Detailed information about the permanent coordination center is sent to the International Labour Office, which maintains a list that is transmitted to all Member States of the Organization. 5. The information referred to in paragraph 2 above shall be provided with permanent and immediate access for immigration services or other competent authorities in the Member States of the Organization by electronic means or through the coordination center provided for in paragraph 4. 6 above. For the purposes of this Convention, appropriate restrictions are imposed in order to exclude any exchange of data, in particular photographs, without a mechanism in place to ensure compliance with relevant data protection and privacy standards. 7. Member States shall ensure that the personal data contained in the electronic database is used only for verification of seafarers' identity documents.
Article 5
Quality control and evaluation
1. The minimum requirements for the procedure and procedures for the issuance of seafarers' identity documents, including quality control procedures, are set out in Annex III to this Convention. These minimum requirements set out the mandatory results that all Member States must achieve in the management of their system for issuing seafarers' identity documents. 2. Procedures and procedures are established to ensure the necessary security for: (a) Production and delivery of blank forms of seafarers' identity documents; (b) Storing, processing and reporting on blank forms and completed seafarers' identity cards; (c) Processing applications, filling out forms of seafarers' identity cards and issuing ready-made identity cards by the authority and unit responsible for issuing them, and delivering seafarers' identity cards; (d) maintaining and maintaining a database; (e) quality control of procedures and conducting periodic assessments. 3. Subject to the provisions of paragraph 2 above, Annex III may be amended in accordance with Article 8, taking into account that Member States are required to allow sufficient time to make the necessary changes to the procedures and procedures they have established. 4. Each Member State conducts, at least every five years, an independent assessment of the management of its system for issuing seafarers' identity documents, including quality control procedures. Reports on such assessments, subject to the removal of all confidential materials, are sent to the Director General of the International Labour Office and, in copies, to representative organizations of shipowners and seafarers in the Member States concerned. This reporting requirement does not release Member States from their obligations under Article 22 of the Constitution of the International Labour Organization. 5. The International Labour Office makes these assessment reports available to Member States for review. Any disclosure other than that permitted by this Convention requires the consent of the Member State that prepared the report. 6. The Governing Body of the International Labour Office, acting on the basis of all relevant information in accordance with the procedures adopted by it, approves the list of Member States that fully meet the minimum requirements specified in paragraph 1 above. 7. This list should be available to Member States upon their first request and should be updated as relevant information becomes available. In particular, Member States should be promptly notified of cases where the inclusion of any Member State in the list is challenged on compelling grounds through the procedures referred to in paragraph 8.8. In accordance with the procedures established by the Governing Body, it provides for the possibility for Member States that have been or may be excluded from the list, as well as for interested Governments of the Member States that have ratified the Convention and representative organizations of shipowners and seafarers, to bring their views to the attention of the Governing Body in accordance with the above procedures and to resolve all differences in a timely, fair and impartial manner.. 9. The recognition of seafarers' identity cards issued by a Member State depends on whether that Member State complies with the minimum requirements mentioned in paragraph 1 above.
Article 6
Facilitating shore leave, as well as the transit and transfer of seafarers to other vessels
1. Any seafarer holding a valid seafarer's identity card issued in accordance with the provisions of this Convention by a Member State for which this Convention is in force shall be recognized as a seafarer within the meaning of this Convention, except in cases where there are clear grounds for questioning the authenticity of the seafarer's identity card. 2. Seafarers or shipowners shall not bear the costs of verification and any other necessary investigations and formalities aimed at ensuring that a seafarer who is being requested to enter the country in accordance with paragraphs 3-6 or 7-9 below is the holder of a seafarer's identity card issued in accordance with the requirements of this Convention.
Shore leave
3. The inspection and any other necessary investigations and formalities referred to in paragraph 2 above shall be carried out as soon as possible, provided that the competent authorities receive sufficient advance notification of the arrival of the holder of the certificate. The notification of the arrival of the holder of the certificate includes detailed information, which is provided in section 1 of Annex II. 4. Each Member State for which this Convention is in force shall, as soon as possible and in the absence of clear grounds calling into question the authenticity of the seafarer's identity card, allow access to its territory to any seafarer holding a valid seafarer's identity card if such access is requested for the purpose of temporary shore leave while the ship is in the port. 5. Such access is permitted provided that all formalities are completed upon arrival of the vessel and that the competent authority has no grounds for refusing permission to disembark for reasons of public health, public safety, public order or national security. 6. Seamen are not required to obtain a visa for shore leave. Each Member State that is unable to fully comply with this requirement shall ensure that its legislation, other regulatory legal acts or applicable practices provide for procedures that substantially comply with this requirement.
Transit and transfer to another vessel
7. Each Member State for which this Convention is in force shall also allow, as soon as possible, access to its territory to any seafarer holding a valid seafarer's identity card accompanied by a passport, if such access is requested.: (a) To board his ship or transfer to another ship; (b) to travel in transit to board his ship in another country or to return to his homeland; or for any other purpose approved by the competent authorities of the Member State concerned. 8. Such access is permitted provided that there are no clear grounds for questioning the authenticity of the seafarer's identity card and that the competent authority has no grounds for refusing permission for such access on grounds of public health, public safety, public order or national security. 9. Any Member State may, before allowing access to its territory for one of the purposes listed in paragraph 7 above, require that satisfactory evidence, including documentary evidence, be provided regarding the seafarer's intentions and his ability to implement those intentions. A Member State may also limit the duration of a seafarer's stay to a period that, taking into account the purpose of such stay, is considered reasonable.
Article 7
Permanent possession of the certificate and its withdrawal
1. The seafarer's identity card is in his possession at all times, except in cases when, with the written consent of the seafarer, it is in the possession of the captain of the relevant vessel for the safety of the certificate. 2. The seafarer's identity card shall be immediately withdrawn by the issuing State if there is convincing evidence that the seafarer no longer meets the requirements of this Convention regarding the issuance of such a certificate. Procedures for suspending or withdrawing a seafarer's identity card are established in consultation with representative organizations of shipowners and seafarers and include administrative appeal procedures.
Article 8
Amendments to the Annexes
1. Subject to the relevant provisions of this Convention, the International Labour Conference may amend the Annexes in consultation with the duly constituted tripartite maritime authority of the International Labour Organization. The decision shall be taken by a two-thirds majority of the votes cast by the delegates present at the Conference, including at least half of the Member States that have ratified this Convention. 2. Each Member State that has ratified this Convention may, by written notification addressed to the Director General within six months after the date of adoption of such amendment, notify that it does not enter into force for that Member State or will enter into force only at a later date upon the submission of a new written notification.
Article 9
Transitional position
Any Member State that is a party to the 1958 Convention on Seafarers' Identity Documents and is taking measures in accordance with Article 19 of the Constitution of the International Labour Organization with a view to ratifying this Convention may notify the Director General of its intention to apply this Convention provisionally. Seafarers' identity cards issued by such a Member State shall be considered, for the purposes of this Convention, as seafarers' identity cards issued in accordance with its provisions, subject to compliance with the requirements set out in articles 2 to 5 of this Convention and recognition by the relevant Member State of seafarers' identity cards issued in accordance with this Convention.
FINAL PROVISIONS
Article 10
This Convention revises the 1958 Convention on Seafarers' Identity Documents.
Article 11
The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.
Article 12
1. This Convention shall be binding only on those member States of the International Labour Organization whose instruments of ratification have been registered by the Director General of the International Labour Office. 2. It shall enter into force six months after the date of registration by the Director General of the instruments of ratification of the two Member States of the Organization. 3. Subsequently, this Convention shall enter into force for each Member State six months after the date of registration of its instrument of ratification.
Article 13
1. Each Member State that has ratified this Convention may, after ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labour Office for registration. The denunciation takes effect 12 months after the date of registration of the application for denunciation. 2. For each Member State that has ratified this Convention and has not exercised the right of denunciation provided for in this article within one year of the expiration of the ten years specified in the preceding paragraph, the Convention shall remain in force for a further ten years and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article.
Article 14
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organization of the registration of all ratifications and denunciations sent to him by the Member States of the Organization. 2. In notifying the Member States of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention. 3. The Director-General of the International Labour Office shall notify all member States of the International Labour Organization of any amendments made to the Annexes in accordance with the provisions of article 8, as well as of written notifications concerning them.
Article 15
The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all ratifications and declarations of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 16
Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider whether to include in the agenda of the Conference the question of its revision in whole or in part, taking into account also the provisions of article 8.
Article 17
1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by a Member State of the new revising convention shall automatically entail, regardless of the provisions of article 13, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force (b) From the date of entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the Member States of the Organization. 2. In any case, this Convention remains in force in form and content for those Member States that have ratified it but have not ratified the revising convention.
Article 18
The English and French texts of this Convention are equally authentic.
Annex I
The model of the seafarer's identity card
The seafarer's identity card, the form and content of which are given below, is made of high-quality materials that, to the extent practicable and taking into account cost considerations, should not be readily accessible to the general public. There is exactly as much space in this document as is necessary to include the information provided for by the provisions of the Convention. It contains the name of the issuing State and the following note: "This document is a seafarer's identity document for the purposes of the International Labour Organization Convention on Seafarers' Identity Documents (Revised) 2003. This document has an independent character and is not a passport." The pages of the document containing the data listed below in highlighted font are subject to protection by applying a laminar or lacquer layer or by using image reproduction technology and substrate material, which equally prevent the forgery of photographs and other biographical data. The materials used, the size and the placement of the data comply with the technical requirements of the International Civil Aviation Organization (ICAO) contained in Part 3 of Document 9303 (2nd edition, 2002) or in Part 1 of Document 9303 (5th edition, 2003).
Other protection methods include at least one of the following elements:
Watermarks, UV protection elements, the use of special paints, special color designs, perforated images, holograms, laser engraving, microprinting and thermal lamination.
The information that must be included in the seafarer's identity card includes:
I. The authority that issued the certificate: II. Telephone number(s), e-mail address and the website of the authority that issued the certificate: III. Date and place of issue:
Digital photo or original photo of a sailor
a) Full name of the sailor:....................................... b) Gender:........................................................ c) Date and place of birth:...................................... d) Nationality:................................................ f) Any special physical features that may be useful for identification:................................ f) Signature:.................................................... g) Expiration date:.............................. h) Type or purpose of the document:............................... i) Unique document number:................................. j) Personal identification number (optional):....... k) A biometric template based on fingerprints and presented as digits in a barcode, the standard of which should be developed:.............................................. l) A machine-readable zone conforming to the ICAO technical requirements contained in Document 9303 mentioned above.
IV. The official seal or stamp of the authority that issued the certificate
Explanation of the data
The headings on the margins of the pages containing the data can be translated into the language(s) of the country of issue of the certificate. If the national language is not English, French or Spanish, then the headings are also entered in one of these languages. All entries in the document are made using letters of the Latin alphabet.
The above information has the following characteristics:
I. Issuing authority: the ISO code of the issuing State, the full name and full address of the organization that issued the seafarer's identity card, as well as the name and position of the person authorizing the issuance of the certificate. II. The telephone number, e-mail address and website correspond to the links to the focal point specified in the Convention. III. Date and place of issue: the date is written in two-digit Arabic numerals in the day/month/year sequence (for example, 31/12/03); the name of the place of issue is written in the same way as in the national passport.
Photo size: in accordance with the technical requirements contained in the ICAO Document 9303 mentioned above
a) Full name of the seafarer: first write the surname, and then, depending on the circumstances, the other parts of the seafarer's name; b) Gender: indicate "M" for men or "F" for women; c) Date and place of birth: date is written in two-digit Arabic numerals in the sequence day / month / year; place name the date of birth is written in the same way as in the national passport; d) Information about citizenship: specify the nationality; e) Special physical features: any distinguishing features that facilitate identification; f) The signature of the seafarer; g) Expiration date: in two-digit Arabic numerals in the day/month/year sequence; h) Document type or purpose: document type code consisting of capital letters of the Latin alphabet (S); i) Unique document number: country code (see paragraph I above), followed by an alphanumeric account number consisting of no more than nine characters; j) Personal identification number: optional personal identification number for seafarers, consisting of no more than 14 alphanumeric characters; k) Biometric template: the exact technical requirements should be developed; l) Machine readable area: according to the technical requirements contained in ICAO Document 9303 mentioned above.
Annex II
Electronic database
The data provided for each entry in the electronic database maintained by each Member State in accordance with paragraphs 1, 2, 6 and 7 of Article 4 of this Convention shall include:
Section 1
1. The name of the issuing authority indicated on the identity card. 2. The full name of the seaman, as indicated on the identity card. 3. A unique ID number. 4. The date of expiration, suspension, or withdrawal of the identity card.
Section 2
5. The biometric template included in the identity card. 6. A photo. 7. Details of all requests received for seafarers' identity documents.
Annex III
Requirements, as well as recommended procedures and practices related to the issuance of seafarers' identity cards
This Annex sets out the minimum requirements for the procedures to be adopted by each Member State in accordance with Article 5 of this Convention regarding the issuance of seafarers' identity documents (hereinafter referred to as "ULMS"), including quality control procedures. Part A lists the mandatory results that, at a minimum, must be achieved by each Member State in carrying out the procedures for issuing ULMS.; Part B contains recommendations on procedures and practical methods for achieving these results. Part B should be fully taken into account by Member States, but is not mandatory.
Part A. Required results
1. Production and delivery of ULM forms
Procedures and procedures are established to ensure the necessary level of safety for the production and delivery of ULM forms, including the following elements: a) all ULM forms are of uniform quality and meet the technical requirements in form and content set out in Annex I; b) the materials used for production are subject to protection and control; c) ULM forms are subject to protection, control, identification and monitoring throughout the production and delivery process; (d) Manufacturers have the means to properly perform their duties in terms of the production and delivery of ULM forms; (e) Transportation of ULM forms from the manufacturer to the issuing authority is ensured in accordance with safety requirements.
2. Storage and processing of forms and completed ULMS, as well as reporting for them
Procedures and procedures are established to ensure the necessary level of security in the storage and processing of forms and completed ULMS, as well as in relation to reporting for them, including the following elements: a) control over the storage and processing of forms and completed ULMS is carried out by the issuing authority; b) forms, as well as completed and expired ULMS, including their samples, are subject to protection, control, identification and surveillance; c) the personnel involved in this process meet the standards of impeccable reputation, loyalty and reliability required by their official position, and have appropriate professional training; d) the division of duties between authorized officials is aimed at preventing unauthorized issuance of ULMS.
3. Processing of applications; suspension or withdrawal of ULM; appeal procedures
Procedures and procedures are established to ensure the necessary level of security when processing applications, filling out ULM forms, and completing completed ULMS by the authority and unit responsible for issuing and delivering ULMS, including the following elements: a) verification and approval procedures to ensure that after the first application and upon renewal, ULMS are issued only on the basis of: i) statements containing all the information in accordance with the requirements set out in Annex I.; ii) proof of the applicant's identity in accordance with the legislation and practice of the issuing State; iii) proof of citizenship or permanent residence in the territory of the State: (iv) Proof that the applicant is a seafarer in accordance with the provisions of article 1; (v) Ensuring that applicants, especially those who are citizens of several States or have permanent residence status in the territory of a State, do not receive more than one ULM; (vi) Ensuring that the applicant does not pose a threat to security, with due respect for the fundamental rights and freedoms set out in international instruments; (b) This procedure ensures that: (i) Specific information on each item contained in the II, were entered into the database simultaneously with the issuance of the ULM; ii) the data, photo, signature and biometric elements received from the applicant corresponded to him; (iii) The data, photograph, signature and biometric elements received from the applicant were linked to the application throughout the processing, issuance and delivery of the ULM; (c) Urgent measures are being taken to update the database in the event of suspension or withdrawal of the issued ULM; (d) a system of renewal and/or updating is being established in connection with the circumstances when a seafarer needs to extend or issue a new ULM, as well as in case of its loss; (e) The circumstances in which the ULM may be suspended or withdrawn are determined in consultation with shipowners' and seafarers' organizations; (f) Effective and transparent appeal procedures are established.
4. Operation, security and maintenance of the database
The procedure and procedures for ensuring the necessary security measures for the operation and maintenance of the database are established, including the following elements: a) the database is protected from unauthorized modification of data and access to it without permission; b) the data is constantly updated and protected from loss of information, and can also be provided upon request at any time through the coordination center; c) it is not allowed to combine a database with other databases or establish links with them, copy it or transfer it to other databases; information from the database is used only for the purpose of identifying seafarers; d) respect for individual rights is ensured, including: i) the right to privacy in the collection, storage, processing and transfer of personal data; ii) the right to access data concerning him or her and to correct any inaccuracies in a timely manner.
5. Quality control of procedures and periodic evaluation
(a) Procedures and procedures are established to ensure the required level of safety through quality control procedures and periodic evaluations, including process monitoring, to ensure that the following required standards are met:: i) production and delivery of ULM forms; ii) storage and processing of expired and completed ULM forms, as well as reporting for them; iii) processing of applications, filling out ULM forms and registration of finished ULMS by the body and unit responsible for issuing and delivery; (iv) The operation, security and maintenance of the database; (b) Reviews are carried out on a periodic basis to ensure the reliability of the extradition system and procedures, as well as their compliance with the requirements of this Convention; (c) Procedures are established to protect the confidentiality of information contained in periodic assessment reports submitted by other ratifying Member States.
Part B. Recommended procedures and practices
1. Production and delivery of ULM forms 1.1. In the interests of ensuring the safety and uniformity of the ULM, the competent authority should select an effective source for the production of ULM forms issued by a Member State. 1.2. If the forms are to be produced at the premises of the authority responsible for issuing the ULM (the "issuing authority"), the provisions of paragraph 2.2. below 1 shall apply.3. If an external company is selected, the competent authority must: 1.3.1. to ensure the impeccable reputation, financial stability and reliability of this company; 1.3.2. apply to the company with a request to appoint all employees involved in the production of ULM forms; 1.3.3. request the company to provide the issuing authority with evidence indicating the availability of adequate systems to ensure the reliability, impeccable reputation and loyalty of appointed employees, and convince it that the company provides each such employee with sufficient means of livelihood and sufficient job security; 1.3.4. conclude a written agreement with the enterprise, which, without prejudice to the issuing authority's own responsibility for the ULM, should, in particular, establish the technical requirements and instructions referred to in paragraph 1.5 below and require the enterprise: 1.3.4.1. ensure that only designated employees participate in the production of ULM forms, who must assume strict confidentiality obligations; 1.3.4.2. take all necessary security measures when transporting ULM forms from the enterprise to the premises of the issuing authority. The officials issuing the forms cannot be released from responsibility on the grounds that they have not been negligent in this regard; 1.3.4.3. accompany each such consignment note with accurate information about its contents; in particular, the consignment note must contain the ULM numbers in each package; 1.3.5. ensure that the agreement contains a provision allowing completion of the work if the original contractor is unable to continue its execution; 1.3.6. make sure, before signing the agreement, that the company has the means to properly fulfill all of the above obligations. 1.4. In the case of delivery of ULM forms by the issuing authority or by an enterprise outside the territory of a Member State, the competent authority of the Member State may authorize the relevant authority of a foreign State in order to comply with the requirements of this paragraph. 1.5. The competent authority must, inter alia,: 1.5.1. define detailed technical requirements for all materials to be used in the production of ULM forms; These materials must comply with the general technical requirements set out in Annex I to this Convention; 1.5.2. establish precise technical requirements regarding the form and content of ULM forms in accordance with the requirements set out in Annex I; 1.5.3. to ensure that these technical requirements contribute to the uniformity of printing of ULM forms, if different printing machines are subsequently used; 1.5.4. provide clear instructions for generating a unique document number that will be printed on each ULM letterhead in a specific sequence and in accordance with the provisions of Annex I; 1.5.5. establish precise technical requirements for the storage of all materials during the production process.
2. Storage and processing of forms and completed ULMS, as well as reporting issues
2.1. All operations related to the process of issuing certificates (including storing expired and completed ULM forms, funds and materials for filling them out, reviewing applications, issuing ULMS, maintaining a database and ensuring its security) must be carried out under the direct supervision of the issuing authority. 2.2. The issuing authority must prepare an assessment of all officials involved in the process of issuing certificates, and for each of them - a certificate of impeccable reputation, loyalty and reliability. 2.3. The issuing authority should ensure that the officials involved in the issuing process are not members of the same family. 2.4. The specific areas of responsibility of the officials involved in the issuing process should be appropriately established by the issuing authority. 2.5. No official should be responsible for all operations. related to the consideration of applications for obtaining an ULM and the preparation of an appropriate ULM. The official who submits the applications to the official responsible for issuing the ULM should not participate in the process of issuing the certificates. There should be a rotation among officials who perform various duties for reviewing applications and issuing ULMS. 2.6. The issuing authority should develop rules for internal use that ensure: 2.6.1. storage of ULM forms in closed rooms, their issuance only in an amount corresponding to the expected daily volume of operations, and only to officials responsible for filling in personal data, as well as to any specially authorized official, and the return of excess ULM forms at the end of each day; measures to ensure the safe storage of ULM should also include the use of other 2.6.2. depersonalization and appropriate labeling of all ULM forms used as samples;; 2.6.3. preparation and storage in a safe place of a daily statement on the location of each ULM form and each completed but not yet issued ULM, indicating also those that are stored indoors and those held by a specific official or officials; the statement must be maintained by an official who is not involved in the work with ULM forms or completed but not yet issued by ULM; 2.6.4. preventing access to ULM forms, as well as to the means and materials for filling them out, by any persons, with the exception of officials responsible for filling out ULM forms, or any specially authorized person; 2.6.5. storing each completed ULM in a closed room and issuing it only to the official responsible for issuing the ULM, or to any specially authorized person. authorized person; 2.6.5.1. The circle of specially authorized officials should be limited to: (a) persons acting on the basis of a written authorization issued by the executive head of the issuing authority or any person officially representing the executive head; and (b) the controller referred to in paragraph 5 below and persons appointed to conduct an audit or other control; 2.6.6. strict prohibition on any participation of officials in the process of issuing certificates at the request of a family member or a close friend; 2.6.7. immediate notification to the police authorities to investigate any theft or attempted theft of the ULM or funds and materials for their completion. 2.7. In case of an error committed in the issuance procedure, the relevant ULM becomes invalid, corrections cannot be made to it and it cannot be issued.
3. Processing of applications; suspension or withdrawal of ULM; appeal procedures
3.1. The issuing authority should ensure that officials responsible for reviewing ULM applications receive appropriate training in methods for detecting forgery and using computer technology. 3.2. The issuing authority should develop rules to ensure that the ULM is issued only on the basis of: an application completed and signed by the seafarer concerned, submitted evidence of identity, proof of nationality or permanent residence in the territory of the State, as well as evidence that the applicant is a seafarer. 3.3. The application must contain all the information specified as mandatory in Annex I to this Convention. There should be a note on the application form warning applicants about possible prosecution and criminal punishment for reporting any deliberately false information. 3.4. When applying for an ULM for the first time and in case of any future need related to the extension of its validity period: 3.4.1. a completed but not signed application must be submitted by the applicant personally to an official designated by the issuing authority; 3.4.2. The production of digital photographs or original photographs and the selection of the applicant's biometric data must be carried out under the supervision of a designated official; 3.4.3. the application must be signed in the presence of the designated official; 3.4.4. after that, the application must be sent by the designated official directly to the issuing authority for its consideration. 3.5. The issuing authority must take appropriate measures to ensure the security and confidentiality of the digital photograph or the original photograph and biometric data. 3.6. The proof of identity provided by the applicant must comply with the legislation and practice of the issuing State. Such proof of identity may be a recent photograph of the applicant confirming his or her resemblance by the shipowner, the ship's captain or another employer of the applicant, or by the director of the applicant's educational institution. 3.7. Proof of citizenship or permanent residence in the territory of the State is usually the applicant's passport or a document allowing permanent residence in the territory of the State. 3.8. Applicants must also declare any other nationality they may hold and confirm that they have not received an ULM in any of the other Member States and have not applied for their extradition. 3.9. An applicant should not be granted an ULM if he or she holds another ULM. 3.9.1. Early admission system The ULM renewal applies in circumstances where the seafarer knows in advance that, due to the length of service, he or she will not be able to apply on the day of the expiration or renewal of the ULM; 3.9.2. The renewal system should be applied in circumstances where an extension of the validity period of the ULM is required due to an unforeseen extension of the service life; 3.9.3. the replacement system should be applied in circumstances where the ULM is lost. An appropriate temporary document may be issued. 3.10. Evidence that the applicant is a seafarer in accordance with article 1 of this Convention should at least include: 3.10.1. a previous ULM or a seaman's discharge certificate; or 3.10.2. a certificate of education, qualifications or other relevant training; or 3.10.3. equivalent evidence. 3.11. Additional evidence should be requested if necessary. 3.12. All applications must be subject to at least the following verification procedures by the competent official of the issuing authority of the ULM: 3.12.1. verification of the completeness of the application and the absence of discrepancies that cast doubt on the accuracy of the information provided; 3.12.2. verification of the correspondence of the information provided and the signature with the data and signature in the applicant's passport or in other trustworthy documents; 3.12.3. verification, together with the passport control authority or other competent authority, of the authenticity of the passport or other submitted document; in case of doubts about the authenticity of the passport, its original should be sent to the appropriate authority; in other circumstances, copies of the relevant pages may be sent; 3.12.4. comparison of the submitted photo, depending on the circumstances, with a digital photo, mentioned above in paragraph 3.4.2; 3.12.5. verification of the apparent reliability of the evidence mentioned above in paragraph 3.6; 3.12.6. verification of the evidence referred to in paragraph 3.10 above confirming that the applicant is indeed a seafarer; 3.12.7. verification by accessing the database referred to in Article 4 of the Convention to establish that the ULM has not already been issued to the person corresponding to the applicant; if the applicant is or may be a citizen of more than one country or permanently to reside outside the country of his nationality, the necessary requests should also be sent to the competent authorities of another country or other relevant countries; 3.12.8. verification by accessing any relevant national or international database to which the issuing authority may have access to establish that the person corresponding to the applicant does not pose a possible security risk. 3.13. The official referred to in paragraph 3.12 above should prepare brief comments on the case, highlighting the results of each of the above types of verification and the facts substantiating the conclusion that the applicant is a seafarer. 3.14. After full verification, the application, together with the additional documents submitted and official comments, is sent to the official responsible for completing the ULM, which will be issued to the applicant. 3.15. The completed ULM, together with the relevant dossier of the issuing authority, is then sent for approval to one of the senior officials of the issuing authority. 3.16. The senior official, after reviewing at least the official comments, approves the dossier only if he is satisfied that the procedures have been properly followed and that the issuance of the ULM to the applicant is justified. 3.17. This decision must be made in writing and accompanied by explanations regarding any aspects of the application that require special consideration. 3.18. The ULM (together with the passport or a similar submitted document) must be issued to the applicant directly against receipt or sent to the applicant, or, in accordance with his request, to his captain or employer by reliable mail with delivery notification. 3.19. When the ULM is issued to the applicant, the information specified in Annex II to the Convention should be entered into the database referred to in article 4 of the Convention. 3.20. The rules of the issuing authority should specify the maximum time period between receipt and dispatch of the ULM. If the delivery notification is not received within this time period and after due notification to the seafarer, the corresponding mark is entered into the database, the ULM is officially recognized as lost, and the relevant information is sent to the seafarer. 3.21. All notes, in particular such as official comments (see paragraph 3.13 above) and explanations mentioned in paragraph 3.17, should be kept in a safe place during the validity period of the ULM and three years after its termination. These notes and explanations required in accordance with paragraph 3.17 should be entered into a separate internal database, which is made available to: (a) persons responsible for operational control; (b) officials involved in reviewing applications for ULM; (c) for training purposes. 3.22. Upon receiving information about the incorrect issuance of an ULM or about a change in the conditions on the basis of which it was issued, this issue is immediately referred to the issuing authority for consideration with a view to its immediate withdrawal. 3.23. In case of suspension or withdrawal of an ULM, the issuing authority must immediately update its database and indicate that this ULM is not currently recognized as valid. 3.24. In the event of a negative decision to grant the ULM in accordance with the application or in the event of a decision to suspend or withdraw the ULM, the applicant must be officially informed of his or her right to appeal, as well as fully informed of the reasons for the relevant decision. 3.25. The appeal procedures should be as fast as possible and comply with the requirements for an objective and complete review.
4. Operation, security and maintenance of the database
4.1. The issuing authority must prepare the necessary conditions and rules for the implementation of the provisions of Article 4 of this Convention, in particular ensuring: 4.1.1. availability of a coordination center or round-the-clock electronic access for seven days a week in accordance with the requirements of paragraphs 4, 5 and 6 of Article 4 of the Convention; 4.1.2. database security; 4.1.3. respect for personal rights in the process of data storage, processing and communication; 4.1.4. Respect for the right of seafarers to verify the accuracy of data relating to him or her and to correct them in a timely manner if inaccuracies are found. 4.2. The issuing authority should establish appropriate procedures to protect the database, including: 4.2.1. the requirement for the regular creation of backup copies of the database stored on media in a secure location outside the premises of the issuing authority; 4.2.2. permission to access or make changes to records in the database after their confirmation by the official making this record, which is issued only to specially authorized officials.
5. Quality control of procedures and periodic evaluations
5.1. The issuing authority must appoint one of the senior officials known for his impeccable reputation, loyalty and reliability, who is not involved in the storage or processing of ULM, as a controller: 5.1.1. to continuously monitor the fulfillment of these minimum requirements; 5.1.2. to immediately draw attention to any shortcomings in their implementation; 5.1.3. to advise the executive Director and interested officials on improving the procedures for issuing ULMS; 5.1.4. to provide the management with a quality control report on the above issues. As far as possible, the controller should familiarize himself with all the operations to be monitored. 5.2. The Controller must report directly to the executive head of the issuing authority. 5.3. All officials of the issuing authority, including the executive head, should be required to provide the Controller with all documentation or information that he considers necessary for the performance of his tasks. 5.4. The issuing authority should take appropriate measures to ensure that officials can speak freely with the controller without fear of being attacked. 5.5. Within the scope of the powers given to the controller, special attention should be paid to the following tasks: 5.5.1. checking the sufficiency of resources, premises, equipment and personnel for the effective performance of the functions of the issuing authority; 5.5.2. ensuring proper conditions for the safe storage of forms and completed ULMS; 5.5.3. ensuring the adoption of appropriate rules, conditions or procedures in accordance with the above paragraphs 2.6, 3.2, 4 and 5.4; 5.5.4. ensuring proper knowledge and understanding of these rules, conditions or procedures by relevant officials; 5.5.5. detailed monitoring on a sample basis of each performed operation, including relevant notes and other records related to the review of specific dossiers, starting with the receipt of an application for an ULM and ending with the procedure for its issuance; 5.5.6. verification of the effectiveness of security measures applied to the storage of ULM forms, funds and materials; 5.5.7. verification of the security and reliability of the information stored electronically and compliance with the requirement for round-the-clock access seven days a week, if necessary, with the help of a trusted expert; 5.5.8. conducting an investigation in the event of a credible report on the possible unjustified issuance of ULMS, possible falsification or fraudulent receipt of ULMS in order to identify violations of internal regulations or weaknesses in systems that could lead to or contribute to the unjustified issuance of ULMS, falsification or forgery; 5.5.9. investigation of complaints about allegedly insufficient access to detailed information, information contained in the database, taking into account the requirements of paragraphs 2, 3 and 5 of Article 4 of the Convention, or inaccuracies in this information; 5.5.10. ensuring that timely and effective measures are taken by the executive head of the issuing authority in order to improve issuing procedures and eliminate weaknesses; 5.5.11. keeping records of the results of ongoing quality checks; 5.5.12. ensuring that management reviews the results of quality checks and maintains protocols for such review. 5.6. The Executive Head of the issuing authority should ensure that periodic assessments are conducted of the reliability of the certification system and procedures, as well as their compliance with the requirements of this Convention. Such an assessment should take into account: 5.6.1. the results of any checks of the system and procedures for issuing certificates; 5.6.2. protocols and conclusions of investigations, as well as other information related to ensuring the effectiveness of measures aimed at correcting identified weaknesses and violations of the security regime; 5.6.3. accounting records of issued, lost, expired or damaged ULMS; 5.6.4. materials related to the quality control function; 5.6.5. recorded information about problems with the reliability or security of the electronic database, including requests received by the database; 5.6.6. consequences of changes made to the system and procedures for issuing certificates as a result of technology improvements or updates to the procedures for issuing certificates; 5.6.7. conclusions based on the results of management reviews; 5.6.8. review of procedures to ensure that they are applied in full compliance with the fundamental principles and rights at work embodied in relevant ILO instruments. 5.7. Procedures and procedures should be established to prevent unauthorized disclosure of materials provided by other Member States. 5.8. All inspection procedures and procedures should ensure that production methods and safety measures, including inventory control procedures, comply with the requirements of this Annex.
The Convention International Labour Organization No. 108 on National identity cards for seafarers (Geneva, May 13, 1958)
The Convention entered into force on February 19, 1961.
The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 29 April 1958 for its forty-first session, having decided to adopt a number of proposals for the mutual or international recognition of national seafarers' identity cards, which is the seventh item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this thirteenth day of the month of May, one thousand nine hundred and fifty-eight, the following Convention, which may be referred to as the 1958 Convention on Seafarers' Identity Documents:
Article 1
1. This Convention applies to every seafarer employed in any position on board a ship (with the exception of a military vessel) registered in the territory in which this Convention is in force and normally used for maritime navigation. 2. In case of any doubt as to whether any categories of persons are considered seafarers for the purposes of this Convention, the matter shall be decided by the competent authorities in each country in consultation with the relevant shipowners' and seafarers' organizations.
Article 2
1. Each Member of the Organization for which this Convention is in force, upon application by any of its nationals who are seafarers, shall issue to him an identity document conforming to the provisions of article 4 of this Convention. However, if it is not possible to issue such documents to special categories of seafarers in a given country, that Member may instead issue a passport confirming that its holder is a seafarer, and such passport shall have the same validity as a seafarer's identity card for the purposes of this Convention. 2. Each Member for which this Convention is in force may issue a seafarer's identity card to any other seafarer who applies for such a document, who is serving on board a ship registered in the territory of that Member or who is registered with a recruitment office within its territory.
Article 3
The seafarer's identity card is always kept by the seafarer.
Article 4
1. The seafarer's identity card is drawn up in a simple form, made of durable material and in such a way that any change in it can be easily detected. 2. The seafarer's identity document shall include the name and title of the issuing authority, the date and place of issue, and a note stating that the document is a seafarer's identity document for the purposes of this Convention. 3. The seafarer's identity card contains the following information about him: a) the full name (surname, first name and other parts of the name, when available); b) date and place of birth; (c) Nationality; (d) Identification; (e) Photograph; (f) Signature or, if the holder of the document cannot sign, thumbprint. 4. If a Member of the Organization issues a seafarer's identity card to a foreign seafarer, it will not be mandatory to make any entry on the seafarer's nationality in the document and such entry will not be decisive proof of his nationality. 5. Any limitation on the validity of the seafarer's identity card is clearly indicated therein. 6. Subject to the provisions of the preceding paragraphs, the exact form and content of the seafarer's identity card shall be determined by the issuing Member in consultation with the relevant shipowners' and seafarers' organizations. 7. National legislation may prescribe the inclusion of additional information in the seafarer's identity card.
Article 5
1. Any seafarer holding a valid seafarer's identity card issued by the competent authorities of the Territory for which this Convention is in force shall be allowed to return to that territory. 2. The seafarer is allowed to return for a period of at least one year after the expiration of the period specified in this document.
Article 6
1. Each Member for which this Convention is in force shall allow access to its territory by a seafarer holding a valid seafarer's identity card, if such access to the territory is required for temporary shore leave while the ship is in port. 2. If there is room for appropriate entries in the seafarer's identity document, each Member for which this Convention is in force will also allow access to its territory by a seafarer holding a valid seafarer's identity document, if such access to the territory is required for the following purposes: (a) To board his ship or transfer to another ship; (b) To transit for the purpose of boarding his ship in another country or for the purpose of returning to his homeland; (c) for any other purpose approved by the authorities of the Member concerned. 3. Each Member may require satisfactory evidence, including documentary evidence, from the seafarer concerned, the shipowner or his representative, or from the relevant consul, of the seafarer's intention and the latter's ability to carry out that intention, before allowing access to its territory for any of the purposes defined in the preceding paragraph. This Member may also limit the stay of a seafarer in its territory for a period deemed reasonable for that purpose. 4. Nothing in this article shall be interpreted as restricting the right of a Member of an Organization to prevent any particular person from entering or staying on its territory.
Article 7
The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.
Article 8
1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification are registered with the International Labour Office. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.
Article 9
1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director General draws their attention to the date of entry into force of the Convention.
Article 11
The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications and denunciations registered by him in accordance with the provisions of the preceding articles.
Article 12
Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.
Article 13
1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of Article 9, the immediate denunciation of this Convention, provided that the new, The revising Convention has entered into force; (b) As from the date of entry into force of the new revising Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.
Article 14
The English and French texts of this Convention are equally authentic.
/signatures/
RESOLUTION 1 OF THE CONFERENCE OF CONTRACTING GOVERNMENTS OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974
(ADOPTED ON DECEMBER 12, 2002)
APPROVAL OF AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF HUMAN LIFE AT SEA, 1974
the conference,
BEARING in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the development of friendly relations and cooperation among States, DEEPLY CONCERNED about the escalation worldwide of acts of terrorism in all its forms, which threaten the lives of innocent people or lead to their deaths, endanger fundamental freedoms and seriously infringe on the dignity of people, AWARE of the importance and importance of shipping for world trade and the economy, and therefore determined to protect the global cargo transportation network from disruption as a result of terrorist attacks on ships, ports, coastal terminals or other facilities, CONSIDERING that illegal acts against shipping pose a threat to the safety and security of people and property, seriously disrupt the work of maritime services and they undermine the confidence of the peoples of the world in the safety of maritime navigation, CONSIDERING, That the commission of such acts is a matter of serious concern to the international community as a whole, recognizing at the same time the importance of efficient and economical movement of world trade goods, CONVINCED of the urgent need to develop international cooperation among States in developing and adopting effective and practical measures in addition to those already adopted by the International Maritime Organization (hereinafter referred to as The "Organization"), with the aim of preventing and suppressing illegal acts against shipping in its broadest sense, RECALLING United Nations Security Council resolution 1373 (200), adopted on September 28, 2001, which requires States to take measures to prevent and suppress terrorist acts, and also calls on States to fully implement conventions related to combating terrorism, NOTING the document on joint action of the Group of Eight in the field of transport security (in particular in particular, the section of this document on maritime security), approved by the leaders of the Group of Eight countries during their summit meeting in Kananaskis., The Province of Alberta (Canada), in June 2002, RECALLING article VIII (c) of the International Convention for the Safety of Life at Sea, 1974, as amended (hereinafter referred to as the "Convention") concerning the procedure for amending the Convention by convening a Conference of Contracting Governments, NOTING resolution A.924 (22, entitled "Review of measures and procedures for the prevention of terrorist acts that threaten the safety of passengers and crews, as well as ships", adopted by the Organization's Assembly on November 20, 2001, which, inter alia: (a) recognizes the need to, That the Organization conduct a review with the intention to review existing international legal and technical measures, as well as consider new appropriate measures to prevent and suppress terrorism against ships and to enhance security on ships and ashore in order to reduce the risk to passengers, crews and port personnel on board ships and in port areas, as well as to ships and Their cargo; and (b) Requests the Maritime Safety Committee, the Legal Committee and the Facilitation Committee, under the guidance of the Council, to review, as a matter of priority, whether there is a need to bring the documents referred to in the preambular paragraphs of the above resolution and any other relevant IMO document within their competence into line with current requirements and/or other security measures, and in the light of such a review, take appropriate measures; HAVING ESTABLISHED that resolution A.584(14, entitled "Measures to prevent illegal acts endangering the safety of ships, as well as their passengers and crews", Circular MSC/Circ.443 - "Measures to prevent illegal acts against passengers and crews on board ships", and circular MSC/Circ.754 - "Safety of passenger ferries" is one of the IMO documents relevant to the scope of resolution A.924(22, REFERRING to resolution 5, entitled "Future amendments to Chapter XI of the 1974 SOLAS Convention on Special Measures to Enhance Safety at Sea", adopted by the 1994 Conference of the Contracting Governments of the International Convention for the Safety of Life at Sea the Sea of 1974, HAVING CONSIDERED the amendments to the Annex to the Convention proposed and circulated to all Members of the Organization and to all Contracting Governments of the Convention, 1 APPROVES in accordance with article VIII (c) (ii) Amendments to the Annex to the Convention, the text of which is set out in the annex to the present resolution; 2 DECIDES, in accordance with article VIII (b) (vi) (2) (bb) The Convention states that the above-mentioned amendments shall be deemed to have been adopted on January 1, 2004, unless by that date more than one third of the Contracting Governments to the Convention or the Contracting Governments of States whose total merchant fleet is at least 50% of the world's merchant fleet have objected to the amendments.; 3 INVITES the Contracting Governments of the Convention to take note that, in accordance with article VIII (b) (vii) (2) of the Convention, the said amendments will enter into force on 1 July 2004 upon their adoption in accordance with paragraph 2 above; 4 REQUESTS the Secretary-General of the Organization, in accordance with article VIII (b) (v) of the Convention, to send certified copies of this resolution and the text of the amendments contained in the annex to all Contracting Governments to the Convention; 5 FURTHER REQUESTS the Secretary-General to send copies of this resolution and its annex to all Members of the Organization that are not Contracting Governments to the Convention.
application
AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED
CHAPTER V SAFETY OF NAVIGATION
Rule 19 - Requirements for equipping ships with navigation systems and equipment
1 Existing sub - items .4, .5 and .6 of paragraph 2.4.2 are replaced by the following: ".4 ships other than passenger ships and tankers, with a gross tonnage of 300 or more but less than 50,000, no later than the first safety equipment inspection after July 1, 2004, or by December 31, 2004, regardless of what happens earlier; and " 2 To the existing subparagraph.7 of paragraph 2.4, the following new sentence is added: "Vessels equipped with AIS keep it on at all times, except in cases where international agreements, laws or standards provide for the secrecy of navigation information."
CHAPTER XI
SPECIAL MEASURES TO IMPROVE SAFETY AT SEA
3 The existing chapter XI is renumbered as XI-1
Rule 3 - Identification number of vessels
4 Under the existing heading of rule 3, the following is introduced: "(Paragraphs 4 and 5 apply to all vessels to which this rule applies. For ships built before July 1, 2004, the requirements of paragraphs 4 and 5 are fulfilled no later than the first scheduled docking after July 1, 2004." 5 The existing paragraph 4 is replaced by the following: "4 The identification number of the vessel is permanently affixed: .1 in a prominent place at the stern of the vessel; either on each side in the middle of the hull length above the deepest cargo waterline; or on each side of the superstructure; or on the front sheet of the superstructure; or, on passenger ships, on a horizontal surface visible from above; and .2 in an easily accessible location on one end transverse bulkhead of the machinery spaces defined in regulation II-2/330; or on one side of the cargo hatches; or - on tankers - in the cargo pumping compartment; or - on ships with ro-ro spaces defined in regulation II-2/341 - on one side of the transverse bulkheads of the ro spaces5.1. This permanent marking should be clearly visible and placed separately from any other marking on the body, it should be made on a contrasting background. 5.2. The permanent marking referred to in paragraph 41 must be at least 200 mm high. The permanent marking referred to in paragraph 42 must be at least 100 mm high. The thickness of the signs is selected in proportion to the height. 5.3. Permanent marking can be performed by overhead signs or engraving, or kerning, or any other method that ensures reliability and safety. 5.4. On ships constructed of non-metallic materials, the method of affixing the ship's identification number is determined by the Administration." 6 The following new rule 5 is added after rule 4:
"Rule 5 Continuous log of the ship's history
1 Every ship to which this chapter applies must have a Continuous Log of the ship's history. 2.1. The log is intended to record the history of the vessel in relation to the information entered in it. 2.2. For ships built before July 1, 2004, the log must reflect the history of the ship, at least starting from July 1, 2004.3 The log is issued by the Administration to each vessel entitled to fly its flag, and must contain at least the following information: .1 the name of the State under whose flag the vessel has the right to sail; .2 the date of registration of the vessel in the State; .3 the identification number of the vessel in accordance with regulation 3; .4 the name of the vessel; .5 registration port; .6 the name(s) of the registered owner(s) and the registered address(s); .7 the name(s) of the registered bareboat charterer(s) and the registered address(s), if this type of chartering is used; .8 the name of the company defined in regulation IX/1, its address(s), from where the security management company operates; .9 the names of all classification societies that assigned the ship a class; .10 the name of the Administration or Contracting Government or recognized organization that issued the Compliance Document (or Interim Compliance Document) specified in the ISM Code, as defined in Regulation IX/1, the company operating the vessel, and the name of the authority that performed the audit on the basis of which the Compliance Document was issued, unless this body has issued a Document of compliance.; .11 the name of the Administration or Contracting Government or recognized organization that issued the Safety Management Certificate (or Temporary Safety Management Certificate) specified in the ISM Code, as defined in Regulation IX/1, and the name of the authority that performed the audit on the basis of which the Safety Management Certificate was issued, if not this the authority has issued a Safety Management Certificate; .12 the name of the Administration or Contracting Government or recognized security organization that issued the International Ship Security Certificate (or Temporary International Ship Security Certificate) specified in Part A of the ISPS Code, as defined in Regulation XI-2/1, and the name of the authority that carried out the verification on the basis of which the Certificate was issued, if it was not this authority that issued the Certificate; and .13 the end date of the vessel's registration in the State. 4.1. Any changes related to the entries mentioned in paragraphs 34-312 are recorded in the Journal in such a way as to provide up-to-date information along with the sequence of these changes. 4.2. In the event of any changes related to the entries referred to in paragraph 41, the Administration shall issue to the vessel flying its flag, as soon as possible, but no later than three months after the change, either a revised and up-to-date version of the Journal, or appropriate amendments to the Journal. 4.3. In the event of any changes related to the entries referred to in paragraph 41, the Administration, prior to issuing a revised and up-to-date version of the Journal, authorizes and requires either the company defined in regulation XI/1 or the ship's master to amend the Journal to reflect these changes. In such cases, after making amendments to the Journal, the company informs the Administration without delay, respectively. 5.1. The journal is compiled in English, French, or Spanish. In addition, a translation of the Journal into the official language or languages of the Administration may be provided. 5.2. The journal is compiled according to the form developed by the Organization and maintained in accordance with the guidelines developed by the Organization. Any earlier entries in the Journal should not be changed, crossed out or deleted in any way, in any case, they should remain readable. 6 When a ship is transferred under the flag of another State, or when the ship is sold to another owner (or when it is given to another bareboat charterer), or when another company assumes responsibility for the operation of the ship, the Log remains on the ship. 7 If a ship is to be transferred to the flag of another State, the company shall inform the Administration of the name of the State under whose flag the ship is being transferred so that the Administration can send to that State a copy of the Log covering the period during which the ship was under its jurisdiction. 8 When a ship is transferred under the flag of another State whose Government is a Contracting Government, the Contracting Government of the State under whose flag the ship sailed shall transmit to the Administration, as soon as possible after the transfer of the ship, a copy of the relevant Journal covering the period of time during which the ship was under its jurisdiction, together with any Journals issued previously by other states. 9 If a ship is transferred under the flag of another State, the Administration shall attach a valid Log to the Log that will be issued to the ship in order to ensure continuous recording of the ship's history, which is the purpose of this rule. 10 The log is on board the ship and should be available for inspection at any time." 7 After Chapter XI-1, a new chapter XI-2 is inserted:
"CHAPTER XI-2 SPECIAL MEASURES TO STRENGTHEN MARITIME SECURITY"
Rule 1 Definitions
1 For the purposes of this chapter, unless specifically provided otherwise: .1 Bulk carrier means a bulk carrier as defined in regulation IX/16; .2 Chemical tanker means a chemical tanker as defined in regulation VII/82; .3 Gas carrier means a gas carrier as defined in regulation VII/112; .4 High-speed vessel means a vessel defined in regulation X/12; .5 Offshore mobile drilling rig means an offshore mobile drilling rig with mechanical means of movement, as defined in regulation IX/1, not located at the mining site; .6 Oil tanker means an oil tanker as defined in regulation II-1/212; .7 Company means the company defined in regulation IX/1; .8 Ship/port interaction means the interaction that occurs when a ship is directly and directly affected by activities related to the movement of people, goods or the provision of port services to the ship. .9 Port facility means the area designated by the Contracting Government or designated authority where the ship/port interaction takes place. This includes areas such as anchorages, berthing areas, and approaches from the sea, respectively. .10 Ship-to-ship activity means any activity not related to a port facility, but which is related to the transfer of goods or people from ship to ship. .11 Designated authority means the organization(s) or administration(s) designated in a Contracting Government responsible for ensuring compliance with the provisions of this Chapter relating to the security of port facilities and ship/port interaction, from the point of view of the port facility; .12 The ISPS Code means the International Code for the Protection of Ships and Port Facilities, consisting of Part A (provisions of which are considered mandatory) and Part B (provisions of which are considered recommendatory), adopted on December 12, 2002 by Resolution 2 of the Conference of Contracting Governments of the International Convention for the Safety of Life at Sea, 1974. with possible amendments to the Organization, provided that: .1 Amendments to Part A of the Code shall be adopted, enter into force and operate in accordance with Article VIII of this Convention concerning the procedures for the adoption of amendments to the Annex, with the exception of Chapter I; and.2 Amendments to Part B of the Code are adopted by the Maritime Safety Committee in accordance with its rules of procedure. .13 A security incident means any suspicious action or circumstance that threatens the security of a vessel, including an offshore mobile drilling rig and a high-speed vessel, or a port facility, or any ship/port interaction, or any ship-to-ship activity; .Security level 14 means the qualification of the degree of risk that an attempt will be made to violate security or a security incident will occur.; .15 A security declaration means an agreement reached between a ship and either a port facility or another vessel with which it will interact, specifying the security measures of each party. .16 Recognized security organization means an organization with security expertise and relevant knowledge of ship and port operations authorized to conduct the assessment or inspection, or approval, or survey required by this chapter or Part A of the ISPS Code. 2 The term vessel, when used in regulations 3-13, includes offshore mobile drilling rigs. 3 The term all vessels, when used in this chapter, means any vessel to which this chapter applies. 4 The term Contracting Government, when used in Rules 3, 4, 7 and 10 to 13, includes the Designated Authority.
Rule 2 Application
1 This chapter applies to: .1 to the following types of ships making international voyages: .1.1 passenger vessels, including high-speed passenger vessels; .1.2 cargo vessels, including high-speed vessels, with a gross tonnage of 500 or more; and .1.3 offshore mobile drilling rigs; and .2 to port facilities serving such vessels on international voyages. 2 Notwithstanding the provisions of paragraph 12, Contracting Governments should decide on the scope of application of this chapter and the relevant sections of Part A of the ISPS Code to those port facilities located on their territory that, although primarily used by ships not engaged in international voyages, are forced, on occasion, to service ships coming from international flight, or departing on an international flight. 2.1. The Contracting Governments shall base their decisions under paragraph 2 on an assessment of the security of the port facility carried out in accordance with the provisions of Part A of the ISPS Code. 2.2. Any decision taken by a Contracting Government under paragraph 2 should not compromise on the level of protection outlined in this Chapter or in Part A of the ISPS Code to achieve. 3 This chapter does not apply to warships, auxiliary vessels of the navy and other vessels owned or operated by a Contracting Government and used only for government non-commercial service. 4 Nothing in this chapter prejudges the rights and obligations of States under international law.
Rule 3 Obligations of Contracting Governments with respect to protection
1 Administrations shall establish security levels and ensure that information on security levels is provided to vessels authorized to fly their flag. With changes in the security level, information about the security level is brought up to date, as dictated by circumstances. 2 The Contracting Governments shall establish security levels and ensure that information on security levels is provided to port facilities located on their territory and ships prior to their entry into a port or located in a port located on their territory. With changes in the security level, information about the security level is brought up to date, as dictated by circumstances.
Rule 4 Requirements for companies and vessels
1 Companies must comply with the relevant requirements of this chapter and Part A of the ISPS Code, taking into account the guidance provided in Part B of the ISPS Code. 2 Vessels must comply with the relevant requirements of this chapter and Part A of the ISPS Code, taking into account the guidance provided in Part B of the ISPS Code; such compliance is verified and certified as provided for in Part A of the ISPS Code. 3 Before entering a port or while in a port in the territory of a Contracting Government, a ship must meet the requirements for the security level established by that Contracting Government, if such security level is higher than the security level established by the Administration for that ship. 4 Vessels should respond, as soon as possible, to any increase in the security level. 5 A ship that does not meet the requirements of this chapter or Part A of the ISPS Code or is unable to meet the requirements of the security level established by the Administration or another Contracting Government for that ship shall notify the relevant competent authority prior to any ship/port interaction or before entering the port, whichever occurs earlier.
Rule 5 Specific responsibilities of companies
The Company ensures that the captain has information on board at all times through which officials duly authorized by the Contracting Government can determine: .1 who is responsible for the appointment of crew members or other persons currently employed or employed in any position in the operation of the ship; .2 who is responsible for the use of the vessel; and .3 in cases where the vessel is used under the terms of the charter(s), who are the parties to this charter(s)?
Rule 6 Ship's warning system
1 All vessels are equipped with a warning system as follows: .1 vessels built on or after July 1, 2004; .2 passenger ships, including high-speed passenger ships built before July 1, 2004, no later than the first inspection of the radio installation after July 1, 2004; .3 oil tankers, chemical tankers, gas carriers, bulk carriers and high-speed cargo vessels with a gross tonnage of 500 and more, built before July 1, 2004, no later than the first inspection of the radio installation after July 1, 2004.; and.4 other cargo ships with a gross tonnage of 500 and more and offshore mobile drilling rigs built before July 1, 2004 - no later than the first inspection of the radio installation after July 1, 2006. 2 This warning system, when activated: .1 formulates and transmits in the ship-to-shore direction a notification of a violation of protection to the competent authority appointed by the Administration, which, in these circumstances, may include the company; the system transmits the identification of the vessel, its coordinates and indicates that the protection of the vessel is under threat or that protection has been reduced; .2 does not send an alert to any other vessels; .3 does not give any kind of emergency warning signal on the ship itself; and .4 continuously transmits an alert until it is turned off or returned to its original position. 3 The notification system must: .1 be capable of being activated from the navigation bridge and from at least one other location of the vessel; and.2 meet operational requirements not lower than those accepted by the Organization. The 4 launch sites of the warning system are arranged in such a way as to prevent unintended activation of the system. 5 The requirement for a ship's warning system may be fulfilled by using a ship's radio installation that meets the requirements of Chapter IV, provided that all the requirements of this regulation are met. 6 When any Administration becomes aware of an alert transmitted by the ship's system, that Administration immediately notifies the State(s) in whose vicinity the ship is currently located. 7 When a Contracting Government becomes aware of an alert transmitted by the system of a vessel not authorized to fly its flag, that Contracting Government shall immediately notify the relevant Administration and, if necessary, the State(s) in whose vicinity the vessel is currently located.
Rule 7 Threat of attack on ships
1 Contracting Governments shall establish security levels and ensure that information on security levels is provided to vessels located in their territorial sea or that have indicated their intention to enter their territorial sea. 2 Contracting Governments shall provide a contact address to which such vessels may seek advice or assistance and send any inquiries about other vessels, activities or communications. 3 If a risk of attack is identified, the Contracting Government concerned shall recommend to the vessels concerned and their Administrations: .1 current security level; .2 any security measures to be carried out by the vessels concerned to protect themselves from attack, in accordance with the provisions of Part A of the ISPS Code; and .3 Security measures that the coastal State has decided to introduce, if necessary.
Rule 8 The captain's decision on the safety and security of the ship
1 The captain must not be restricted by the company, the charterer or any other person in making or executing any decision that, in his professional judgment, is necessary to maintain the safety and security of the ship. This provision includes the denial of access to the ship to people (other than those duly authorized by the Contracting Government) or their belongings, and the refusal to accept cargo, including containers or other enclosed cargo transport units. 2 If, in the professional judgment of the captain, there is a conflict between safety and security requirements during shipboard operations, the captain must comply with those requirements that are necessary to maintain the safety of the ship. In such cases, the captain may use temporary security measures and must immediately inform the Administration and, if necessary, the Contracting Government in whose port the ship is located or where it intends to enter. Any such temporary security measures under this rule should, to the greatest extent possible, correspond to the established security level. When such cases are identified, the Administration ensures that such conflicts are resolved and the possibility of their recurrence is minimized.
Rule 9 Execution control
1 Control of vessels in the port
1.1 For the purposes of this Chapter, each vessel to which this Chapter applies, when in a port of another Contracting Government, is subject to supervision by officials duly authorized by that Government, who may be the same persons who perform the functions of Regulation I/19/. Such control is limited to verifying that the ship has a valid International Ship Security Certificate or a valid Temporary International Ship Security Certificate issued in accordance with the provisions of Part A of the ISPS Code (Certificate), which are recognized if there are no clear grounds to believe that the ship does not comply with the requirements of this chapter or Part A of the ISPS Code. 1.2. If such clear grounds exist, or if a valid Certificate is not provided upon request, officials duly authorized by the Contracting Government shall impose one or more of the control measures provided for in paragraph 1.3. Any such measures imposed shall be proportionate to the requirements violated, taking into account the guidance provided in Part B of the ISPS Code.. 1.3. Such control measures are: inspection of the vessel, postponement of the vessel's departure, detention of the vessel; restriction of ship operations, including the movement of a vessel in a port or the removal of a vessel from a port. Such control measures may additionally or alternatively include other, less administrative, or remedial measures.
2 Vessels intending to enter a port of another Contracting Government
2.1 For the purposes of this Chapter, a Contracting Government may require ships intending to enter its ports to provide officials duly authorized by that Contracting Government with the following information in order to ensure compliance with the requirements of this Chapter prior to the ship's entry into port and to avoid the need to impose controls or steps: .1 that the vessel has a valid Certificate and the name of the authority that issued it; .2 the security level at which the vessel is currently operating; .3 the security level at which the ship operated in any previous port where it conducted ship/port interaction during the time period specified in paragraph 2.3; .4 any special or additional security measures taken by the ship at any previous port where it conducted ship/port interaction during the time period specified in paragraph 2.3; .5 that the relevant ship-to-ship security procedures were followed during any ship-to-ship activity during the time period specified in paragraph 2.3.; or.6 other information related to security practices (but not the details of the ship's security plan), taking into account the guidance provided in Part B of the ISPS Code. Upon request by a Contracting Government, the ship or company must provide a confirmation acceptable to that Contracting Government of the information required above. 2.2. Each vessel to which this Chapter applies intending to enter a port of another Contracting Government shall provide the information described in paragraph 2.1 upon request from officials duly authorized by that Government. The captain may refuse to provide such information, realizing that refusal to provide such information may lead to a ban on entering the port. 2.3. The ship keeps a record of the information specified in paragraph 2.1 for the last 10 port calls. 2.4 If, upon receiving the information described in paragraph 2.1, officials duly authorized by the Contracting Government of the port where the ship intends to enter have clear grounds to believe that the ship does not comply with the requirements of this chapter or Part A of the ISPS Code, such officials should attempt to establish communication with the Administration and communication between the ship and the Administration., in order to eliminate the violation. If such communication has not led to the elimination of the violation, or if such officials have clear grounds to believe that the vessel does not comply with the requirements of this chapter or Part A of the ISPS Code, such officials may take such protective measures against the vessel as are provided for in paragraph 2.5 of this regulation. Any such steps taken should be proportionate to the violations of the requirements, taking into account the guidance provided in Part B of the ISPS Code. 2.5 Such steps are: .1 requirement to eliminate the violation; .2 a requirement for a vessel to pass into a specified area of the territorial sea or internal waters of that Contracting State; .3. inspection of the vessel, if the vessel is located in the territorial sea of the Contracting Government in whose port the vessel intends to enter; or .4 refusal to enter the port. Before taking any such steps, the vessel is informed by the Contracting Government of its intentions. Upon receiving this information, the captain may abandon his intention to enter the port. In such cases, this rule does not apply.
3 Additional provisions
3.1 In the case of: .1 the application of a control measure other than less administrative or remedial measures referred to in paragraph 1.3, or .2. When using any of the steps referred to in paragraph 2.5, an official duly authorized by the Contracting Government shall immediately inform the Administration in writing of the control measures that have been applied or the steps that have been used, and state their reasons. When applying control measures or steps, the Contracting Government also notifies the recognized security organization that issued the Certificate related to the specific vessel and the Organization if any control measures have been applied or any steps have been used. 3.2. If a ship is refused entry to a port or if the ship is expelled from the port, the authorities of the port State should inform the relevant facts to the authorities of the States of subsequent ports of call, if known, and to all other relevant coastal States, taking into account the guidelines to be developed by the Organization. Confidentiality and secrecy of such notification must be ensured. 3.3. Refusal to enter a port pursuant to paragraphs 24 and 25, or expulsion from a port pursuant to paragraphs 11-13, shall be imposed only when officials duly authorized by the Contracting Government have clear grounds to believe that the vessel poses an immediate threat to the safety or security of persons, vessels or property, and there are no other appropriate measures to eliminate this threat. 3.4. The control measures referred to in paragraph 13 and the steps referred to in paragraph 25 shall be imposed, pursuant to this regulation, only until the violation leading to the control measures or steps has been eliminated to the satisfaction of the Contracting Government, taking into account the actions proposed by the ship or The administration, if any. 3.5. When exercising control under paragraph 1 or taking steps under paragraph 2, the Contracting Governments: .1 Every effort shall be made to avoid unjustifiable delay or postponement of the ship's departure. If, as a result, the ship is unreasonably delayed or if its departure is delayed, it is entitled to compensation for any losses or damage incurred; and .2 provide necessary access to the ship in cases of emergency or for humanitarian and security reasons.
Rule 10 Requirements for port facilities
1 Port facilities must comply with the relevant requirements of this chapter and Part A of the ISPS Code, taking into account the guidance provided in Part B of the ISPS Code. 2 The Contracting Governments having on their territory the port facility(s) to which this regulation applies shall ensure that: .1 Port facility security assessments, their review and approval were carried out in accordance with the provisions of Part A of the ISPS Code; and.2 Port facility security plans were developed, reviewed, approved and implemented in accordance with the provisions of Part A of the ISPS Code. 3 The Contracting Governments shall designate and communicate the measures to be considered in the port facility security plan for the various security levels, including cases where a Security Declaration is required.
Rule 11 Alternative security arrangements
1 Contracting Governments, when implementing this Chapter and Part A of the ISPS Code, may conclude in writing bilateral or multilateral agreements with other Contracting Governments on alternative security systems covering short international flights on permanent routes between port facilities located on their territories. 2 Any such agreement should not lead to a reduction in the security level of other ships or port facilities that are not covered by this agreement. 3 No vessel covered by such an agreement shall undertake any ship-to-ship activity with any vessel not covered by this agreement. 4 Such agreements shall be reviewed periodically, taking into account accumulated experience, as well as any changes in specific circumstances or in the assessed threat to the protection of ships, port facilities or routes covered by this agreement.
Rule 12 Equivalent security systems
1 A Contracting Government may allow a particular vessel or group of vessels authorized to fly its flag to implement other security measures equivalent to those prescribed in this Chapter or Part A of the ISPS Code, provided that such security measures are effective to at least the same extent as those prescribed in this chapter or Part A of the Code ISPS. The Administration authorizing such security measures informs the Organization of their specifics. 2 In implementing this Chapter and Part A of the ISPS Code, a Contracting Government may allow a particular port facility or group of port facilities located on its territory other than those covered by the Regulation 11 agreement to implement security measures equivalent to those prescribed in this Chapter or Part A of the ISPS Code, provided that such security measures are effective in the same degree as prescribed by this chapter or Part B of the ISPS Code. The Contracting Government authorizing such security measures shall inform the Organization of their specifics.
Rule 13 Presentation of information
1 The Contracting Governments, no later than July 1, 2004, shall inform the Organizations and make available to companies and courts the following information: .1 the names and contact addresses of their national authority or authorities responsible for the protection of ships and port facilities; .2 those areas located on their territory that are covered by approved port facility security plans; .3 Names and detailed contact addresses of those who have been designated to be available at any time to receive and act on the ship-to-shore alerts referred to in regulation 621; .4 The names and detailed contact addresses of those who have been designated to be available at any time to receive and act on any communications from Contracting Governments implementing the control and enforcement measures referred to in Rule 931; and .5 The names and detailed contact addresses of those who have been designated to be available at any time to provide advice or assistance to the courts, and to whom the courts may send the security requests referred to in rule 72; and thereafter, bring such information up to date as soon as changes occur. The Organization shall send such information to other Contracting Governments for the information of their officials. 2 The Contracting Governments shall, no later than July 1, 2004, provide the Organization with the names and detailed contact addresses of any recognized security organizations authorized to act on their behalf, together with a detailed description of the specific responsibilities and terms of authority delegated to such organizations. Such information is brought up to date as soon as changes occur in it. The Organization shall send such information to other Contracting Governments for the information of their officials. 3 The Contracting Governments, no later than July 1, 2004, shall communicate to the Organization a list of approved port facility security plans for port facilities located on their territory, together with the area or areas covered by each approved port facility security plan and the relevant date of its approval, and thereafter additionally inform if any changes have occurred.: .1 changes in the area or areas covered by the approved port facility security plan that will be made or have already been made. In such cases, the information provided shall indicate changes in the area or areas covered by the plan and the date on which such changes are to be implemented or have been implemented; .2 The approved port facility security plan, previously included in the list submitted to the Organization, is subject to withdrawal or has been withdrawn. In such cases, the information provided indicates the date on which the withdrawal will take effect or has been implemented. In these cases, a notification to the Organization is made as soon as possible; and .3 Additions are to be included in the list of approved port facility security plans. In such cases, the information to be submitted to the Organization indicates the area or areas covered by the plan and the date of their approval. 4 The Contracting Governments, every five years after July 1, 2004, shall communicate to the Organization a revised and up-to-date list of all approved port facility security plans for port facilities located on their territory, together with the area or areas covered by each approved port facility security plan and the corresponding date of its approval (and the date of approval of any amendments to it), which will replace all information provided to the Organization under paragraph 3 for the previous five years. 5 The Contracting Governments shall inform the Organization of the conclusion of an agreement under Rule 11. This information includes: .1 The Contracting Governments that have concluded the agreement; .2 Port facilities and permanent routes covered by the agreement; .3 the frequency of revision of the agreement; .4 the date of entry into force of the agreement; .5 Information on all consultations that have taken place with other Contracting Governments; and after that, they inform the Organization as soon as possible about when this agreement has been amended or when its validity period has expired. 6 Any Contracting Government that allows, under the provisions of regulation 12, any equivalent security systems for a vessel authorized to fly its flag or for a port facility located on its territory, shall provide the Organization with details of these systems. 7 The Organization shall, upon request, make available the information provided under paragraph 3 to other Contracting Governments.
CONVENTION ON THE FACILITATION OF INTERNATIONAL MARITIME NAVIGATION
(London, April 9, 1965)
The Contracting Governments, desiring to facilitate maritime navigation by simplifying and minimizing the formalities, document requirements and procedures for the arrival, parking and departure of ships sailing abroad, have agreed as follows:
Article I
The Contracting Governments undertake, in accordance with the provisions of this Convention and its Annex, to take all appropriate measures to facilitate and accelerate international maritime navigation and to prevent unnecessary delays to ships and persons and property aboard them.
Article II
(1) The Contracting Governments undertake, in accordance with the provisions of this Convention, to cooperate in the definition and application of measures aimed at facilitating the arrival, berthing and departure of ships. Such measures should, as far as practicable, be no less favourable than those applied to other modes of international transport; although these measures may vary depending on the specifics of each of them. (2) The measures to facilitate international maritime navigation provided for in this Convention and its Annex shall apply equally to ships of coastal States and to ships of landlocked States whose Governments are parties to this Convention. (3) The provisions of this Convention do not apply to military vessels and pleasure yachts.
Article III
The Contracting Governments undertake to cooperate in ensuring the fullest possible uniformity of formalities, document requirements and procedures in all areas where such uniformity will facilitate and improve international maritime navigation, and to minimize any changes in formalities, document requirements and procedures necessary to meet specific domestic requirements.
Article IV
With a view to achieving the objectives set out in the preceding articles of this Convention, the Contracting Governments undertake to cooperate among themselves or through the Intergovernmental Maritime Consultative Organization (hereinafter referred to as the "Organization"). both in matters of formalities, requirements regarding documents and procedures, as well as in surveys of their application in international maritime navigation.
Article V
(1) Nothing in this Convention or in its Annex shall be interpreted as preventing the application of any broader measures of assistance that a Contracting Government provides or may provide in the future in respect of international maritime navigation on the basis of its national legislation or the provisions of any other international agreement. (2) Nothing in this Convention or its Annex shall be interpreted as interfering with the application by any Contracting Government of temporary measures deemed necessary by that Government to protect public morals, order and safety or to prevent the entry or spread of diseases or epidemics harmful to public health, animals or plants. 3) All matters for which no special provisions have been adopted in this Convention remain the subject of the legislation of the Contracting Governments.
Article VI
In this Convention and its Annex: (a) "Standards" means those measures the uniform application of which by Contracting Governments, in accordance with this Convention, is necessary and practicable in order to facilitate international maritime navigation; (b) "Recommended Practices" means those measures the application of which by Contracting Governments is desirable in order to facilitate international maritime navigation.
Article VII
(1) The Annex to this Convention may be amended by the Contracting Governments either on the proposal of one of them or at a conference convened for this purpose. (2) Any Contracting Government may propose an amendment to the Annex by transmitting a draft amendment to the Secretary-General of the Organization (hereinafter referred to as the "Secretary-General"): (a) In accordance with a special request from a Contracting Government, the Secretary-General shall transmit any such proposal directly to all Contracting Governments for their consideration and acceptance. If the Secretary-General does not receive such a request, he may hold such consultations as he deems appropriate before submitting the proposal to the Contracting Governments; (b) Each Contracting Government shall, within one year from the date of receipt of any such proposal, notify the Secretary-General whether it accepts the proposal or not; (c) Any such notification shall in writing To the Secretary-General, who shall notify all Contracting Governments of its receipt.; (d) Any amendment to an Annex proposed under this paragraph shall enter into force six months after the date of acceptance of the amendment by a majority of the Contracting Governments; (e) The Secretary-General shall notify all Contracting Governments of any amendments that enter into force under this paragraph, as well as of the date on which such amendments enter into force. (3) A Conference of Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General at the request of at least one third of those Governments. Each amendment adopted at such a conference by a two-thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the acceptance of the amendment. (4) The Secretary-General shall promptly inform all signatory Governments of the acceptance and entry into force of any amendment proposed in the Convention. in accordance with this article.
Article VIII
(1) Any Contracting Government which finds it impracticable to adopt any Standard by bringing its own formalities, requirements for documents or procedures fully in line with that Standard, or which considers it necessary for special reasons to adopt formalities, requirements for documents or procedures other than that Standard, shall notify the Secretary-General and informs him about discrepancies between his practice and this Standard. Such notification should be sent as soon as possible after the entry into force of this Convention for that Government or after it has adopted such non-Standard formalities, document requirements or procedures. (2) Notification of any such discrepancy, when it concerns an amendment to a Standard or a newly adopted Standard, shall be sent by the Contracting Government to the Secretary-General as soon as possible after the entry into force of such amended or newly adopted Standard or after the adoption of such formalities, requirements for documents or procedures other than the Standard, and may include a notification of intended actions to bring the formalities, requirements for documents or procedures in full compliance with the newly adopted or amended Standard. (3) Contracting Governments are encouraged to align their formalities, document requirements and procedures with Recommended Practices, as far as practicable. As soon as the Contracting Government has brought its formalities, document requirements and procedures in line with any Recommended Practice, it shall notify the Secretary-General accordingly. (4) The Secretary-General shall notify the Contracting Governments of any notification addressed to him in accordance with the preceding paragraphs of this article.
Article IX
The Secretary-General shall convene a conference of Contracting Governments for the purpose of revising or amending this Convention at the request of at least one third of the Contracting Governments. Any revised text or amendments shall be adopted by a two-thirds majority vote of the Conference, certified and transmitted by the Secretary-General to all Contracting Governments for adoption. Upon the expiration of one year from the date of adoption of the revised text or amendments by two thirds of the Contracting Governments, each revised text or amendment shall enter into force for all Contracting Governments, with the exception of those which, prior to their entry into force, declare that the Conference may, by a two-thirds majority vote at the time of adoption of the revised text or amendment, decide that they are of such a nature that any Contracting Government, which has made such a declaration and which does not accept the revised text or amendment within one year after the entry into force of the revised text or amendment, will cease to be a party to the Convention upon the expiration of this period.
Article X
(1) This Convention shall remain open for signature for a period of six months from that date and thereafter shall be open for accession. (2) The Governments of the Member States of the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the signatory States to the Statute of the International Court of Justice may become parties to this Convention by: (a) Signatures without reservation of acceptance; (b) signatures with reservation of acceptance followed by acceptance; or (c) accessions. Acceptance or accession shall be effected by the deposit of an appropriate instrument with the Secretary-General. (3) The Government of any State that is not eligible to become a party to the Convention in accordance with paragraph 2 of this article may apply through the Secretary-General for the right to become a party and will be admitted as a party in accordance with paragraph 2, provided that its application is accepted by two thirds of the Members of the Organization, with the exception of associate members.
Article XI
This Convention shall enter into force sixty days after the Governments of at least ten States have either signed it without reservation of acceptance or deposited instruments of acceptance or accession. For a Government that has accepted or subsequently acceded to the Convention, it will enter into force sixty days after the deposit of the instrument of acceptance or accession.
Article XII
Upon the expiration of three years after the entry into force of this Convention in respect of a Contracting Government, such Government may denounce it by written notification addressed to the Secretary-General, who shall inform all Contracting Governments of the contents and date of receipt of such notification. Such denunciation shall take effect one year after its receipt by the Secretary General or a longer period specified in the notification.
Article XIII
(1) (a) The United Nations, in cases where it is the governing authority over a Territory, or any Contracting Government responsible for the international relations of a Territory, should consult as soon as possible with representatives of such Territory in order to extend this Convention to that Territory, and may at any time time to declare by written notification addressed to the Secretary-General that this Convention extends to such territory. (b) This Convention shall extend to the territory specified therein from the date of receipt of the notification or from any other date that may be specified in the notification. (c) The provisions of article VIII of this Convention apply to any Territory to which the Convention applies in accordance with this article; for this purpose, the expression "its own formalities, requirements for documents or procedures" includes those in force in that territory. (d) This Convention shall cease to apply to any Territory one year after the date of receipt by the Secretary-General of the notification thereof, or after such longer period as may be specified in that notification. (2) The Secretary-General shall notify all Contracting Governments of the extension of this Convention to any Territory in accordance with paragraph 1 of this article, indicating in each case the date on which the Convention receives such extension.
Article XIV
The Secretary-General shall notify all signatory Governments, all Contracting Governments and all Members of the Organization.: (a) The signature of the Convention by Governments and the dates of such signature; (b) The receipt of instruments of acceptance or accession and the dates of their receipt; (c) The date of entry into force of the Convention in accordance with article XI; (d) Notifications received in accordance with articles XII and XIII and their dates; (e) the convening of any conferences based on articles VII or IX.
Article XV
This Convention and its Annex shall be deposited with the Secretary-General, who shall send certified copies thereof to the signatory Governments and to the Governments which accede to this Convention. As soon as this Convention enters into force, it will be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.
Article XVI
This Convention and its Annex are drawn up in English and French, both texts being equally authentic. Official translations into Russian and Spanish will be prepared and deposited together with the signed originals.
In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention.
Done in London on April 9, 1965.
(Signatures)
Application
Section 1. DEFINITIONS AND GENERAL PROVISIONS
A. Definitions
In this Appendix, the following terms are given the following meanings: Cargo. Any goods and any kind of items carried on the ship, with the exception of mail, ship's supplies, ship's spare parts and equipment, personal belongings of the crew and baggage traveling with passengers. Personal belongings of the ship's crew. Clothing, everyday items, and any other items belonging to the ship's crew members and carried on the ship, including currency. A member of the ship's crew. Any person who is actually engaged during the voyage on board in the performance of duties related to the operation or maintenance of the ship, and included in the ship's role. Ships designed for cruises. A vessel for international travel when transporting passengers, group program participants and those placed on board for the purpose of scheduled tourist visits to one or more different ports, and in which voyages usually do not occur: a) boarding or disembarking of any other passengers; b) unloading or loading of goods. Mail. Postal items and other items delivered to the ship by postal services and intended for delivery to postal services. A transit passenger. A passenger arriving on a ship from a foreign country in order to continue his journey on a ship or on any other means of transport to a foreign country. Baggage traveling with passengers. Property, including currency, carried by a passenger on the same ship as the passenger himself, regardless of whether it is in his personal property or not, but provided that it is not transported under a contract of carriage or other similar agreement. Government authorities. The authorities or officials of a State responsible for the application and enforcement of the laws and regulations of that State relating to all aspects of the Standards and Recommended Practices of this Annex. The shipowner. A person who owns or operates a vessel, regardless of whether it is a private individual, corporation or other legal entity, and any person acting on behalf of the owner or the person operating the vessel. Ship's equipment. Items, with the exception of ship's spare parts, located and intended for use on a ship, which are movable but not of a consumer nature, including such ship accessories as lifeboats, life-saving equipment, furniture and other items of ship's equipment and furnishings. Marine spare parts. Items intended for the repair or replacement of parts of the equipment of the vessel on which they are transported. Ship's supplies. Goods intended for consumption on the ship, including foodstuffs, goods to be sold to passengers and crew members, fuel and lubricants. This does not include items of ship's equipment and ship's spare parts. Shore leave. A permit granted to a crew member to stay ashore while the vessel is moored in port within such territorial limits and with such time limits, if any, as are established by the State authorities. The hour of arrival. The hour when the ship arrives at the port at the anchorage or at the pier.
V. General provisions
Taking into account paragraph 2 of article V of the Convention, the provisions of this Annex do not prohibit public authorities from taking such appropriate measures (including requesting additional information) as may be necessary in the case of suspected fraud or to resolve special problems that pose a serious threat to public order (ordre public), national security or public health, or to prevent the importation or the spread of diseases or deaths among animals and plants. 1.1. The Standard. In all cases, the State authorities require only the necessary information to be provided and minimize the number of its questions. Where a specific list of data is provided in the Appendix, the State authorities do not require the submission of those that they do not consider necessary. 1.2. Recommended practice. Although the presentation of individual documents for certain purposes may be prescribed and required in this Annex, public authorities, bearing in mind the interests of those persons who will be required to complete the documents, as well as the purposes for which they will be used, should provide for the synthesis of any two or more of them into one document. in all cases where it is advisable and a significant simplification of formalities can be achieved as a result.
Section 2. ARRIVAL, PARKING AND DEPARTURE OF THE VESSEL
This section contains provisions concerning the formalities that State authorities require shipowners to perform upon arrival, during parking and at departure, and should not be interpreted as excluding the requirement to present certificates and other documents on board the ship regarding its registration, measurement, safety, crew and others for verification by the appropriate authorities. relevant questions.
But. The general part
2.1. The Standard. Public authorities shall not require any documents other than those specified in this section to be retained upon arrival or departure of vessels to which this Convention applies. These documents are: - General Declaration - Cargo Declaration - Ship Supplies Declaration - Personal Effects Declaration of the ship's crew - Ship's role - Passenger list - Document prescribed by the Universal Postal Convention - Maritime Sanitary Declaration.
B. Content and purpose of documents
2.2. The Standard. The general Declaration serves as the main document containing the information required by the State authorities about the vessel at its arrival and departure. 2.2.1. Recommended practice. The same General Declaration Form should be accepted for the arrival and departure of the vessel. 2.2.2. Recommended practice. State authorities should not require the inclusion in the General Declaration of information other than the following: - Name and description of the vessel - Nationality of the vessel - Registration data - Tonnage data - Last name of the captain - Last name and address of the ship's agent - Brief description of the cargo - Number of crew members of the vessel - Number of passengers - Brief information about the voyage - Date and the hour of arrival or the date of departure - The port of arrival or departure - The berthing place of the vessel in the port. 2.2.3. The Standard. The State authorities shall adopt a General Declaration dated and signed by the captain, the ship's agent or any other person duly authorized by the captain. 2.3. The Standard. The cargo declaration serves as the main document containing the information required by the State authorities about the cargo of the vessel upon its arrival and departure. However, it may also be necessary to provide information about any dangerous goods separately. 2.3.1. Recommended practice. Public authorities should not require the inclusion in the Cargo Declaration of information other than the following: a) upon arrival - Name and nationality of the vessel - Name of the captain - Port of departure - Port of Declaration - Make and serial number; quantity and type of packaging - Quantity and description of goods - Numbers of bills of lading for the cargo to be unloaded in in this port, the ports of unloading of cargo remaining on board are the initial ports of departure for goods transported under bills of lading; b) upon departure - The name and nationality of the vessel - The name of the captain - The Port of destination - In relation to the cargo taken in this port: make and serial number; quantity and type of packaging; quantity and description of goods - The numbers of bills of lading for the cargo taken in this port. 2.3.2. The Standard. With regard to the cargo remaining on board, the State authorities require the submission of the minimum required amount of information. 2.3.3. The Standard. The State authorities accept the Cargo Declaration, dated and signed by the captain, the ship's agent or any other person duly authorized by the captain. 2.3.4. Recommended practice. Public authorities should accept a copy of the Ship's Manifest instead of the Cargo Declaration, provided that it contains all the information required in accordance with Recommended Practices 2.3.1 and 2.3.2, and is dated and signed in accordance with Standard 2.3.3. Alternatively, public authorities may accept a copy of the bill of lading signed in accordance with Standard 2.3.3, or a certified copy thereof, if appropriate from the point of view of the nature and quantity of the cargo, and provided that any information required in accordance with Recommended Practices 2.3.1 and 2.3.2 that is not contained in such documents is provided in in any other form and are duly certified. 2.3.5. Recommended practice. State authorities should be allowed not to indicate items belonging to the captain that are not included in the Manifest in the Cargo Declaration, provided that information about these items is provided separately. 2.4. The Standard. The main document on ship supplies, which contains information required by the State authorities upon arrival and departure of the ship, is the Declaration on Ship Supplies. 2.4.1. The Standard. The State authorities accept a Declaration on ship's Supplies, dated and signed by the captain or any person of the ship's commanding staff, duly authorized by the captain and personally aware of the ship's supplies. 2.5. The Standard. The main document on the personal belongings of the crew, which contains information required by the State authorities, is the Declaration on the Personal Belongings of the crew. It is not required when leaving. 2.5.1. The Standard. The State authorities accept a Declaration on the personal belongings of the crew, dated and signed by the captain or any other person in command of the vessel, duly authorized by the captain. The State authorities may also require each member of the ship's crew to sign him or, if he is unable to do so, to mark him against information about his personal belongings. 2.5.2. Recommended practice. As a general rule, public authorities should only require information about such personal items of the crew that are subject to duties, prohibitions or restrictions. 2.6. Standard. The ship's role serves as the main document containing the information required by the State authorities on the number and composition of the crew at the arrival and departure of the vessel. 2.6.1. Recommended practice. State authorities should not require the inclusion in the ship's role of information other than the following: - Name and nationality of the vessel - Surname - First names - Nationality - Rank or position - Date and place of birth - Type and number of identification document - Port and date of arrival - From where arrived. 2.6.2. The Standard. The State authorities accept the Ship's Role, dated and signed by the captain or any other person of the ship's commanding staff, duly authorized by the captain. 2.7. The standard. The passenger list serves as the main document containing the information required by the State authorities about passengers upon arrival and departure of the vessel. 2.7.1. Recommended practice. Public authorities should not require the presentation of Passenger Lists for short sea voyages or mixed rail-sea transport between neighboring countries. 2.7.2. Recommended practice. Public authorities should not require boarding or disembarkation cards in addition to Passenger Lists for those passengers whose names appear on these Lists. However, in cases where the State authorities face special problems that pose a serious threat to public health, the person making the trip abroad may be requested in writing upon arrival to the destination address. 2.7.3. Recommended practice. Public authorities should not require the inclusion in the Passenger List of information other than the following: - Name and nationality of the vessel - Surname - First names - Nationality - Date of birth - Place of birth - Port of embarkation - Port of disembarkation - Port and date of arrival of the vessel. 2.7.4. Recommended practice. Instead of the Passenger List, a list compiled by the shipping company for its needs should be accepted, provided that it contains at least the information required by Recommended Practice 2.7.3, and is dated and signed in accordance with Standard 2.7.5. 2.7.5. Standard. The State authorities accept the Passenger List, dated and signed by the captain, the ship's agent or any other person duly authorized by the captain. 2.7.6. The Standard. The State authorities ensure that shipowners notify them upon arrival of every stowaway found on board. 2.8. Standard. Public authorities do not require any written declarations regarding mail upon arrival or departure of a ship, other than those prescribed by the Universal Postal Convention. 2.9. The standard. The maritime sanitary declaration is the main document containing the information required by the port sanitary authorities about the well-being on board during the voyage and upon arrival of the vessel at the port.
C. The number of copies of documents required upon arrival of the vessel
2.10. The standard. When a ship arrives at a port, the state authorities require no more than: - 5 copies of the General Declaration; - 4 copies of the Cargo Declaration; - 4 copies of the Ship's Supplies Declaration; - 2 copies of the Crew's Personal Belongings Declaration; - 4 copies of the Ship's Role; - 4 copies of the Passenger List; - 1 copy of the Marine Sanitary Declaration. The number of copies of documents required at the departure of the vessel 2.11. Standard. When a ship departs from a port, the state authorities require no more than: - 5 copies of the General Declaration; - 4 copies of the Cargo Declaration; - 3 copies of the Ship's Supplies Declaration; - 2 copies of the Ship's Role; - 2 copies of the Passenger List. 2.11.1. The Standard. Upon departure from a port, a new Cargo Declaration should not be required in respect of cargo already indicated in the declaration upon arrival at that port and remaining on board. 2.11.2. Recommended practice. Upon departure, a separate Declaration should not be required for the ship's supplies already indicated in the declaration upon arrival, or for supplies taken on board at the port and included in another Customs document submitted at the same port. 2.11.3. The Standard. Where the State authorities require information about the ship's crew upon departure, it is sufficient to present a copy of the Ship's Role submitted upon arrival, if it is re-signed and corrected to reflect any changes in the number or composition of the crew, or if it indicates that no such changes have occurred.
E. Measures to facilitate the cleaning of cargo, passengers, crew and baggage
2.12. Recommended practice. Public authorities should work with shipowners and the port administration to take appropriate measures to minimize the time a ship spends in port, ensuring that the port is operating satisfactorily; all procedures related to the arrival and departure of ships should be reviewed frequently, including passenger boarding and disembarkation, cargo loading and unloading, maintenance, and the like. They should also take measures to ensure that cargo ships and their cargoes can be received and released, as far as possible, in the ship handling area. 2.12.1. Recommended practice. Public authorities should work with shipowners and the port authority to take appropriate measures to ensure that the port is operating satisfactorily so that the cargo handling and cleaning procedure is carried out without delay. These measures should cover all stages from the moment the vessel is docked for unloading and customs clearance and, if necessary, for storing and re-shipping cargo. Convenient and direct communication should be provided between the cargo warehouse and the customs area, which should be located near the unloading area, and, where possible, mechanized vehicles should be available. 2.12.2. Recommended practice. Public authorities should assist owners and operators of cargo docks and warehouses in providing special storage facilities for cargo at risk of theft, and in securing premises intended for temporary or long-term storage of cargo prior to subsequent transportation or local delivery to prevent unauthorized persons from accessing the cargo. 2.12.3. The Standard. Subject to their respective regulations, public authorities should allow the temporary importation of containers and pallets without payment of customs duties or other taxes and fees and facilitate their use in maritime transport. 2.12.4. Recommended practice. The State authorities in their regulations referred to in paragraph 2.12.3 - Standard should provide for the adoption of a simple declaration so that temporarily imported containers and pallets are re-exported within the time limit set by the State concerned. 2.12.5. Recommended practice. Public authorities should allow containers and pallets imported into the territory of the State in accordance with the provisions of 2.12.3 - Standard to be exported outside the port of arrival for customs clearance of imported goods and/or loading of exported goods according to simplified control procedures, provided that a minimum of documentation is available.
F. Consecutive calls at two or more ports of the same State
2.13. Recommended practice. Taking into account the procedures performed upon arrival of a vessel at the first port of call in the territory of a State, public authorities should minimize their requirements for formalities and documents at any subsequent port of call in the same country visited without an intermediate port of call in another country.
G. Filling out documents
2.14. Recommended practice. Public authorities should, to the extent possible, accept the documents provided for in this Annex, with the exception of those referred to in Standard 3.7, regardless of the language in which they contain the required information, provided that they may require, when deemed necessary, a written or oral translation into one of their official languages. countries or Organizations. 2.15. The Standard. It is not necessary to fill out the documents provided for in this section on a typewriter. Handwritten notes in ink or chemical pencil are accepted if they are written legibly. Documents are accepted in a legible and understandable form, published using electronic or other automatic data processing equipment. 2.16. The Standard. The State authorities of the country of the port of call, unloading or transit do not require the legalization, reconciliation, certification or preliminary review by their foreign representatives of documents related to the ship, its cargo, supplies, passengers and crew. However, this does not prevent them from requiring the presentation of a passport or other identity document of a passenger or crew member for visa verification or similar purposes.
H. Special measures to simplify formalities related to ship calls at ports for the purpose of disembarking sick or injured crew members, passengers and others for emergency medical care
2.17. The Standard. The State authorities seek the cooperation of shipowners in ensuring that the captains of ships intending to enter the port only because of the disembarkation of sick or injured crew members, passengers and other persons for emergency medical care, if possible, inform the State authorities in advance of such intention, and with a full description of the illness and injury of the persons, their data and position. 2.18. The Standard. Before the arrival of the vessel, the State authorities inform the captain by radio, whenever possible, but in any case in the fastest way available, about the necessary documentation and procedures for the rapid disembarkation of sick or injured persons for timely customs clearance of the vessel. 2.19. The Standard. With regard to ships entering ports for this purpose and intending to depart immediately, the State authorities give preference to berthing if the condition of the patient or the state of the sea does not allow safe disembarkation on the roadstead or on the approaches to the port. 2.20. The standard. For ships entering ports for this purpose and intending to depart immediately, public authorities usually do not require the documents referred to in paragraph 2.1 - Standard, with the exception of the Maritime Sanitary Declaration and, if necessary, the General Declaration. 2.21. The Standard. Where public authorities require a General Declaration, this document should not contain more information than is specified in paragraph 2.2.2 - Recommended Practice, and less where possible. 2.22. The Standard. Where public authorities take control measures related to the arrival of a vessel before disembarking sick or injured persons, these control measures are preceded by the provision of emergency medical care and the adoption of health measures. 2.23. The Standard. Where guarantees or commitments are required regarding the cost of treatment or the possible relocation or return to the homeland of the aforementioned persons, emergency medical care should not be delayed or delayed during the period of receipt of these guarantees or commitments. 2.24. The Standard. Emergency medical care and public health measures should precede the control measures that government authorities apply regarding the disembarkation of sick or injured persons.
Section 3. ARRIVAL AND DEPARTURE OF PERSONS
This section contains provisions concerning the formalities required by the ship's crew and passengers to be performed by the State authorities upon arrival and departure of the ship.
A. Arrival and departure requirements and procedures
3.1. The Standard. The main document that provides the state authorities with individual information about passengers upon arrival and departure of the ship is a valid passport. 3.1.1. Recommended practice. Contracting Governments should, as far as possible, conclude bilateral or multilateral agreements on the recognition of an official identity document instead of a passport. 3.2. Recommended practice. Public authorities should take measures to ensure that the passports of the ship's passengers or the official identification documents accepted in their place are checked by immigration authorities only once upon arrival and once upon departure. In addition, the presentation of passports or official identification documents of these passengers may be required for verification or identification in connection with customs or other formalities at the arrival and departure of the vessel. 3.3. Recommended practice. After individual presentation of passports or official identification documents accepted instead, government authorities should return these documents to passengers immediately after verification, rather than detain them for additional control if there are no obstacles to the passenger's admission to the territory of the country. 3.4. Recommended practice. When boarding and disembarking, public authorities should not require passengers or shipowners to provide any other written information that supplements or repeats the information already contained in passports or official passenger identification documents, except for those necessary to complete the documents provided for in this Annex. 3.5. Recommended practice. Public authorities requiring passengers to provide written information upon boarding or disembarking, in addition to the information required to complete the documents provided for in this Annex, should limit their requirements for further identification of passengers to those issues listed in Recommended Practice 3.6 (Boarding and disembarking card). Public authorities should accept the boarding and disembarkation card after it has been filled in by the passenger and should not require it to be filled in or verified by the shipowner. Filling out the card in legible handwriting should be acceptable, except in cases where it is indicated on the card form that it should be filled out by hand in block letters. Each passenger should not be required to provide more than one boarding and disembarking card, which may have one or more copies filled out simultaneously using carbon paper. 3.6. Recommended practice. Government authorities should not require information other than the following to be included in the boarding/disembarkation card: - Last name - First names - Nationality - Passport number or other official identification card - Date of birth - Place of birth - Occupation - Port of embarkation/disembarkation - Gender - Destination address - Signature. 3.7. The Standard. In cases where persons on board are required to provide proof of vaccination against cholera, yellow fever or smallpox, the State authorities accept an International Certificate of Vaccination or Revaccination in the form prescribed by International Sanitary Regulations. 3.8. Recommended practice. Medical examination of persons on board or disembarking from a ship should usually be limited to examining only those persons who arrive from an area infected with one of the quarantine diseases during the incubation period of the disease in question (as specified in International Sanitary Regulations). However, additional medical examination may be required in accordance with International Sanitary Regulations. 3.9. Recommended practice. The State authorities should usually carry out Customs inspection of baggage following arriving passengers on a selective basis. If possible, a written declaration should not be required for the following baggage with passengers. 3.9.1. Recommended practice. Public authorities should, wherever possible, not inspect baggage traveling with departing passengers. 3.9.2. Recommended practice. Where it is absolutely impossible not to inspect the baggage of departing passengers, such an inspection should usually be carried out on a selective basis. 3.10. The Standard. The main document that provides the State authorities with information about an individual member of the ship's crew upon arrival and departure is a valid seafarer's certificate or passport. 3.10.1. The Standard. The State authorities do not require the inclusion in the seafarer's identity card of information other than the following: - Last name - First names - Date and place of birth - Nationality - Signs - Photograph (certified) - Signature - Expiration date (if the validity period is limited) - The authorities who issued the certificate. 3.10.2. The Standard. When a seafarer, as a passenger, needs to enter or leave the country by any means of transport in order to: a) return to his own ship or transfer to another ship; b) transit passage to his ship located in another country, to his own country or for another purpose, with the permission of the authorities of his country, the state authorities accept from the seafarer instead of a passport a valid seafarer's identity card if this document guarantees its holder re-entry into the country, in which it was issued. 3.10.3. Recommended practice. As a general rule, public authorities should not require ship's crew members to provide individual identification documents or information supplementing the seafarer's identity card, other than those provided in the Ship's role.
B. Measures to facilitate the cleaning of cargo, passengers, crew and baggage
3.11. Recommended practice. Public authorities should work with shipowners and the port authority to take appropriate measures to ensure that port operations are carried out quickly with respect to passengers, crew and baggage; they should also provide the necessary personnel and appropriate equipment for this purpose, paying particular attention to the loading, unloading and transportation of baggage (including the issue of the use of mechanized vehicles), as well as those points where delays in checking passengers often occur. When necessary, a covered passage should be provided between the vessel and the point where passengers and crew are checked. 3.11.1. Recommended practice. Public authorities should: (a) Take appropriate measures together with shipowners and the port authority, such as: (i) an individual and continuous method of cleaning passengers and baggage; (ii) a procedure that would allow passengers to quickly identify and receive their checked baggage immediately upon arrival at the place where it is to be collected; (b) Ensure that the port authority takes all necessary measures to: (i) Passengers and their luggage would have easy and quick access to and from local transport; (ii) Facilities where ship crews could be invited for various types of control would be easily accessible and as close as possible to each other. 3.12. The Standard. Public authorities should require shipowners to ensure that shipboard personnel take all appropriate measures that will help speed up procedures upon arrival of passengers and crew. Such measures may include: a) providing the relevant State authorities with advance notice indicating the most precisely determined arrival time, followed by notification of any time change and indicating the route of the voyage in cases where this may affect the requirements for control formalities; b) preparing ship's documents for immediate review; c) during the ship's approach to the berth or to the anchorage site, readying ladders and other means for boarding; (d) Ensuring the prompt and orderly collection and presentation for verification of persons on board with the necessary documents, while keeping in mind the release of crew members from their duties in the engine room and other compartments. 3.13. Recommended practice. When entering the last name in the documents related to the passengers and crew of the vessel, the last name or surnames should be put first. If someone bears the surnames of both the father and the mother, then the father's surname is indicated first. If a married woman bears the surnames of her husband's parents and her parents, the last name of her husband's parents is indicated first. 3.14. The Standard. The State authorities proceed without undue delay to check passengers and crew for their admission to the borders of the State, if such verification is necessary. 3.15. Standard. The State authorities will not impose any fine on shipowners in the event that any passenger's controlled document is found by the State authorities to be non-compliant or if, for this reason, the passenger cannot be admitted to the territory of the State. 3.15.1. The Standard. State authorities should invite shipowners to take all necessary measures to ensure that passengers have the controlled documents required by the Contracting Governments. 3.15.2. Recommended practice. For use at sea terminals and on board ships in order to facilitate and accelerate international maritime transport, public authorities should apply or recommend the use of standardized international signs and symbols developed and adopted by the Organization in cooperation with relevant international organizations, which, as far as possible, should be applied by responsible organizations and persons in their country. practically possible, they are generally accepted for all types of transport.
C. Facilitation of formalities for cruise ships and their passengers
3.16.1. The Standard. Local authorities should allow a ship intended for cruises to practice freely by radio if the sanitary authorities of the intended port of call, based on information received from it before its arrival, consider that its entry will not entail the importation or spread of a disease requiring quarantine. 3.16.2. The Standard. For ships intended for cruises, the General Declaration, Passenger List and Crew List will be required only at the first port of call and at the last port of departure from any country in cases where there are no changes in the conditions of the voyage. 3.16.3. The Standard. For ships intended for cruises, a Statement of Ship Stocks and a Statement of Crew Assets are required only at the first port of call in the country. 3.16.4. The Standard. Passports or other official identification documents must remain with cruise passengers at all times 3.16.5. Recommended practice. In cases where the stay of a cruise ship does not exceed 72 hours, passengers do not need visas, except in special cases determined by the local authorities concerned. Note. The meaning of this Recommended Practice is that any Contracting State may issue a questionnaire for such passengers upon arrival or accept their questionnaire indicating permission to disembark into the Territory. 3.16.6. The Standard. Local authorities should not detain cruise passengers while checking the formalities. 3.16.7. The Standard. As a general rule, except in cases involving identification, cruise passengers should not be personally examined by immigration authorities. 3.16.8. The Standard. In cases where a cruise ship calls at several ports in the same country, local authorities should check passengers, as a rule, only at the first port of call and the last at departure. 3.16.9. Recommended practice. In order to facilitate disembarkation without delay, the internal control of passengers on a cruise ship should be carried out, if possible, on board before arriving at the port of disembarkation. 3.16.10. Recommended practice. Cruise passengers, when disembarking at the same port and boarding the same ship in the same country at another port, must use the same simplified formalities as passengers who disembark and return to the same ship at the same port. 3.16.11. Recommended practice. The quarantine statement should serve as the only medical check for cruise passengers. 3.16.12. The Standard. Duty-free sale of goods from ship stocks should be carried out for cruise passengers during the period of the ship's stay in port. 3.16.13. The Standard. Cruise passengers should not be required to submit a written customs declaration. 3.16.14. Recommended practice. Cruise passengers should not be subject to any currency restrictions. 3.16.15. The standard. Boarding and disembarkation cards should not be necessary for cruise passengers. 3.16.16. Recommended practice. Except in cases where passenger control is based solely on the Passenger List, local authorities should not insist on filling in the following details of 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 to simplify formalities related to the transportation of transit passengers
3.17.1. The Standard. A transit passenger who remains on board the ship on which he arrived and departs on it, as a rule, is not subject to the usual control by the State authorities. 3.17.2. Recommended practice. Transit passengers should be allowed to have their passport or other identification document with them. 3.17.3. Recommended practice. Transit passengers should not be required to fill out boarding/boarding cards. 3.17.4. Recommended practice. A transit passenger continuing his journey from the same port on the same ship should usually be given temporary permission to go ashore while the ship is moored in port, if he so wishes. 3.17.5. Recommended practice. A transit passenger continuing his journey from the same port on the same ship is not required to have a visa, except in special cases established by the State authorities concerned. 3.17.6. Recommended practice. A transit passenger continuing his journey from the same port on the same ship is usually not required to present a customs declaration in writing. 3.17.7. Recommended practice. A transit passenger who leaves a ship at one port and boards the same ship at another port in the same country enjoys the same benefits as a passenger who arrives at the port and departs from the same port on the same ship.
E. Measures to simplify formalities for vessels engaged in scientific research
3.18. Recommended practice. A vessel engaged in scientific research has personnel on board who are on board for the purpose of conducting scientific work during the voyage. Personnel, if so assigned, should be provided with at least the same benefits as those enjoyed by members of the ship's crew.
F. Further measures to simplify formalities for foreigners who are part of the crew of ships engaged in international voyages regarding shore leave
3.19. The Standard. Foreigners, crew members, and government authorities should be allowed to disembark while moored in the port of the vessel on which they arrive, if the necessary formalities are completed upon arrival and government authorities have no reason to refuse them permission to disembark for reasons related to health, safety, or public order measures. 3.19.1. The Standard. Crew members are not required to have a visa for shore leave. 3.19.2. Recommended practice. Crew members should not normally be subjected to a personal search before or after shore leave. 3.19.3. The Standard. Crew members are not required to have a special permit for shore leave, such as a shore leave pass. 3.19.4. Recommended practice. If crew members are required to carry identification documents with them during shore leave, they must be as specified in paragraph 3.10 - Standard.
Section 4. SANITARY, VETERINARY AND PHYTOSANITARY control
4.1. The Standard. The public authorities of a State that is not a party to the International Health Regulations should strive to apply those provisions of these regulations that relate to international navigation. 4.2. Recommended practice. Contracting Governments with certain common interests, by virtue of their medical, geographical, social or economic conditions, should conclude special agreements in accordance with article 98 of the International Health Regulations in cases where such agreements would facilitate the application of these Regulations. 4.3. Recommended practice. In cases where sanitary certificates or similar documents are required for the shipment of certain animals, plants or products of animal and plant origin, such certificates and documents should be simple and widely known and Contracting Governments should cooperate to standardize such requirements. 4.4. Recommended practice. Public authorities should, whenever possible, allow a ship to practice freely by radio if the sanitary authorities of the intended port of call consider, based on information received from it prior to its arrival, that its entry would not entail the importation or spread of a quarantine disease. Sanitary authorities should, if possible, be allowed to board before the ship enters the port. 4.4.1. Standard. Public authorities should seek the assistance of shipowners in ensuring that any requirements for immediate radio notification of cases of illness on board are met by the sanitary authorities of the ship's port of destination, in order to ensure the presence of special medical personnel and equipment necessary to carry out sanitary formalities upon arrival of the ship. 4.5. The standard. The State authorities are taking measures to ensure that all travel agencies and other relevant organizations provide departing passengers in advance with lists of vaccinations required by the State authorities of the respective countries, as well as forms of vaccination certificates provided for by International Health Regulations. To ensure uniformity, government authorities take all possible measures to ensure that vaccinating personnel issue international vaccination and revaccination certificates. 4.6. Recommended practice. Public authorities should provide as many ports as possible with the necessary equipment and services for vaccination and revaccination, as well as for the issuance of appropriate international certificates. 4.7. The Standard. Public authorities ensure that sanitary measures and formalities are taken immediately, implemented without delay, and applied without discrimination. 4.8. Recommended practice. Public authorities should have adequate facilities and services in as many ports as possible to take effective sanitary, phytosanitary and veterinary measures. 4.9. Standard. To provide urgent medical care to crew members and passengers, it is necessary, as far as possible, to provide easily accessible medical facilities in as many ports of the State as possible. 4.10. The Standard. Except in emergencies that pose a serious danger to public health, port sanitary authorities should not, due to another epidemic disease, deprive a ship that is not infected or is not suspected of being infected with any quarantine disease of the opportunity to unload or load cargo, replenish supplies, fuel or drinking water. 4.11. Recommended practice. Shipments by sea of animals, raw materials of animal origin, semi-finished products of animal origin, foodstuffs of animal origin and quarantined products of plant origin should be allowed if they are accompanied by a quarantine certificate, the form of which is approved by the relevant States.
Section 5. MISCELLANEOUS PROVISIONS
A. Bonds and other types of guarantees
5.1. Recommended practice. When State authorities require shipowners to issue bonds and other types of guarantees to secure their obligations arising from customs, immigration, sanitary, phytosanitary, veterinary and other laws and regulations of the State, they should be allowed, where possible, to submit one comprehensive bond or other type of guarantee.
B. Errors in documentation and penalties for them
5.2. The Standard. The State authorities shall allow, without delay of the vessel, the correction of errors in the documents provided for in this Annex, when these errors are, in their opinion, unintentional, are not of serious importance, are not the result of persistent negligence and were committed without intent to violate laws or regulations, provided that these errors were discovered before the completion of the verification of documents and their correction can be made immediately. 5.3. The standard. If errors are found in the documents provided for in this Annex, signed by the shipowner, the captain or on their behalf, no fines should be imposed until it is possible to convince the State authorities that these errors are unintentional, are not of serious importance, are not the result of persistent negligence and were committed without intent to violate laws or regulations.
With. Opening hours of services at ports
5.4. Recommended practice. Public authorities should ensure that their services operate free of charge at the port during their normal opening hours. Public authorities should strive to coordinate the normal opening hours of their services in ports with the peak periods of the ports. 5.4.1. The Standard. Contracting Governments should take all necessary measures to organize the normal services of public authorities in ports in such a way as to avoid unjustified delay of ships after their arrival or when they are ready to depart and to minimize the time required for carrying out formalities, provided that public authorities are notified in advance of the expected hour of arrival or departure of the ship. 5.4.2. The Standard. The sanitary authorities do not charge for any sanitary control, as well as for any additional bacteriological or other analysis performed at any time of the day or night, if such an analysis is required to determine the state of health of the person being examined. They also do not charge a fee for the inspection of a vessel for quarantine purposes, except for the inspection of a vessel to issue a certificate of deratization or exemption from deratization. No fee is charged for the administration of any vaccination to a person arriving by ship or for the issuance of a vaccination certificate. However, in cases where measures other than those mentioned above are required for a ship, its passengers or crew, and a fee is charged by the sanitary authorities, such fee is set at a single tariff applicable in the Territory for all persons without distinction of their nationality, domicile or domicile, or nationality, flag, place of registration. or the ship's ownership. 5.4.3. Recommended practice. When the services of the State authorities operate outside the normal hours of their work mentioned in the Recommended Practice. 5.4. then they perform their duties on the terms of a reasonable fee, not exceeding the actual cost of the work performed. 5.5. The standard. Where the volume of work at the port makes it necessary, the State authorities ensure that their services carry out the formalities for cargo and baggage, regardless of their value and nature. 5.6. Recommended practice. Contracting Governments should take measures whereby one State will provide another State with certain facilities prior to and during the voyage to inspect ships, passengers, crew, baggage, cargo and documentation for customs, immigration, sanitary, phytosanitary and veterinary purposes, when such measures facilitate the implementation of formalities upon arrival at the ports of the other State..
D. Cargo not unloaded at the intended destination port
5.7. The Standard. When any cargo mentioned in the Cargo Declaration is not unloaded at the intended port of destination, the State authorities allow the correction of the Cargo Declaration and do not impose fines if they are satisfied that the cargo was not actually loaded onto the ship, or if it was loaded, it was unloaded at another port. 5.8. The standard. When, by mistake or for other valid reason, any cargo has been unloaded at a different port instead of the intended destination port, the State authorities facilitate its re-shipment to the intended destination. This provision does not apply to dangerous, prohibited or restricted goods.
E. Limitation of liability of shipowners
5.9. The Standard. The State authorities do not require the shipowner to include special information in the bill of lading or its copy for use by these authorities, except in cases where the shipowner is an importer or exporter or acts on their behalf. 5.10. The Standard. The State authorities do not consider the shipowner responsible for the submission or correctness of documents required from the importer or exporter in connection with cargo clearance, except in cases where the shipowner is an importer or exporter or acts on their behalf.
F. Work to eliminate the consequences of a natural disaster
5.11. The Standard. State authorities should simplify the formalities related to the arrival and departure of ships engaged in disaster relief work. 5.12. The Standard. Public authorities should facilitate as much as possible the formalities related to the entry and customs clearance of persons and the import and customs clearance of goods arriving on ships referred to in paragraph 5.11 - Standard.
Amended text of article VII of the 1965 Convention on the Facilitation of International Maritime Navigation (not yet in force)
Article VII
(1) Amendments to the Annex to this Convention may be made by the Contracting Governments either on the proposal of one of them or by a conference convened for this purpose. (2) Any Contracting Government may propose an amendment to the Annex by submitting a draft amendment to the Secretary-General of the Organization (hereinafter referred to as the "Secretary-General").: (a) Any amendment proposed in accordance with this paragraph shall be considered by the Facilitation Committee, provided that it is sent at least three months before the meeting of that Committee. If approved by two thirds of the Contracting Governments present and voting in the Committee, the amendment shall be circulated by the Secretary-General to all Contracting Governments. (b) Any amendment to an Annex in accordance with this paragraph shall enter into force fifteen months after the date on which the proposed amendment has been communicated by the Secretary-General to all Contracting Governments, unless, within twelve months after its dispatch, at least one third of the Contracting Governments notify the Secretary-General in writing that that they do not accept the proposed amendment. (c) The Secretary-General shall inform all Contracting Governments of any declaration received in accordance with subparagraph (b) and of the date on which the amendment enters into force. d) Contracting Governments that have not accepted the amendment are not required to comply with the provisions of the amendment, but must follow the procedure set out in article VIII of this Convention. (3) A Conference of Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General at the request of at least one third of those Governments. Each amendment adopted at such a conference by a two-thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the acceptance of the amendment. (4) The Secretary-General shall promptly inform all signatory Governments of the acceptance and entry into force of any amendment in accordance with this article.
I hereby certify that this text is a certified copy of the certified copy of the Convention on the Facilitation of International Maritime Navigation, done in London on April 9, 1965.
Head of the Department International Law Department Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev
The RCPI's note. The following is the text of the Convention in English and French.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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