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  • 便利国际海上运输公约(综合文本)(一)

     

    1965年便利国际海上运输公约(1991年综合文本)
    CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC, 1965

    (CONSOLIDATED TEXT, 1991) TABLE OF CONTENTSConvention on Facilitation of International Maritime Traffic, 1965Annex
    颁布日期:19650409  实施日期:19650409  颁布单位:伦敦

      Section 1 Definitions and general provisions

      A. Definitions

      B. General provisions

      Section 2 Arrival, stay and departure of the ship

      A. General

      B. Contents and purpose of documents

      C. Documents on arrival

      D. Documents on departure

      E. Measures to facilitate clearance of cargo, passengers, crew andbaggage

      F. Consecutive calls at two or more ports in the same State

      G. Completion of documents

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

      Section 3 Arrival and departure of persons

      A. Arrival and departure requirements and procedures

      B. Measures to facilitate clearance of cargo, passengers, crew andbaggage

      C. Facilitation for ships engaged on cruises and for cruisepassengers

      D. Special measures of facilitation for passengers in transit

      E. Measures of facilitation for ships engaged in scientificservices

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

      Section 4 Public health and quarantine including sanitary measures foranimals and plants

      Section 5 Miscellaneous provisions

      A. Bonds and other forms of security

      B. Errors in documentation and penalties therefor

      C. Services at ports

      D. Cargo not discharged at the port of intended destination

      E. Limitation of shipowner's responsibilities

      F. Emergency assistance

      G. National facilitation committeesConvention on Facilitation of International Maritime Traffic, 1965

      THE CONTRACTING GOVERNMENTS:

      DESIRING to facilitate maritime traffic by simplifying and reducing toa minimum the formalities, documentary requirements and procedures on thearrival, stay and departure of ships engaged in international voyages;

      HAVE AGREED as follows:

      Article I

      The Contracting Governments undertake to adopt, in accordance with theprovisions of the present Convention and its Annex, all appropriatemeasures to facilitate and expedite international maritime traffic and toprevent unnecessary delays to ships and to persons and property on board.

      Article II

      (1) The Contracting Governments undertake to co-operate, in accordancewith the provisions of the present Convention, in the formulation andapplication of measures for the facilitation of the arrival, stay anddeparture of ships. Such measures shall be, to the fullest extentpracticable, not less favourable than measures applied in respect of othermeans of international transport; however, these measures may differaccording to particular requirements.

      (2) The measures for the facilitation of international maritimetraffic provided for under the present Convention and its Annex applyequally to the ships of coastal and non-coastal States the Governments ofwhich are Parties to the present Convention.

      (3) The provisions of the present Convention do not apply to warshipsor pleasure yachts.

      Article III

      The Contracting Governments undertake to co-operate in securing thehighest practicable degree of uniformity in formalities, documentaryrequirements and procedures in all matters in which such uniformity willfacilitate and improve international maritime traffic and keep to aminimum any alterations in formalities, documentary requirements andprocedures necessary to meet special requirements of a domestic nature.

      Article IV

      With a view to achieving the ends set forth in the preceding articlesof the present Convention, the Contracting Governments undertake toco-operate with each other or through the Inter-Governmental MaritimeConsultative Organization (hereinafter called the “Organization”) inmatters relating to formalities, documentary requirements and procedures,as well as their application to international maritime traffic.

      [ The name of the Organization was changed to the “InternationalMaritime Organization” by virtue of amendments to the Organization'sConvention which entered into force on 22 May 1982.]

      Article V

      (1) Nothing in the present Convention or its Annex shall beinterpreted as preventing the application of any wider facilities which aContracting Government grants or may grant in future in respect ofinternational maritime traffic under its national laws or the provisionsof any other international agreement.

      (2) Nothing in the present Convention or its Annex shall beinterpreted as precluding a Contracting Government from applying temporarymeasures considered by that Government to be necessary to preserve publicmorality, order and security or to prevent the introduction or spread ofdiseases or pests affecting public health, animals or plants.

      (3) All matters that are not expressly provided for in the presentConvention remain subject to the legislation of the ContractingGovernments.

      Article VI

      For the purposes of the present Convention and its Annex:

      (a) “Standards” are those measures the uniform application ofwhich by Contracting Governments in accordance with the Convention isnecessary and practicable in order to facilitate international maritimetraffic;

      (b) “Recommended Practices” are those measures the application ofwhich by Contracting Governments is desirable in order to facilitateinternational maritime traffic.

      Article VII

      (1) The Annex to the present Convention may be amended by theContracting Governments, either at the proposal of one of them or by aConference convened for that purpose.

      (2) Any Contracting Government may propose an amendment to the Annexby forwarding a draft amendment to the Secretary-General of theOrganization (hereinafter called the “Secretary-General”):

      (a) Any amendment proposed in accordance with this paragraph shallbe considered by the Facilitation Committee of the Organization, providedthat it has been circulated at least three months prior to the meeting ofthis Committee. If adopted by two thirds of the Contracting Governmentspresent and voting in the Committee, the amendment shall be communicatedto all Contracting Governments by the Secretary-General.

      (b) Any amendment to the Annex under this paragraph shall enterinto force fifteen months after communication of the proposal to allContracting Governments by the Secretary-General unless within twelvemonths after the communication at least one third of ContractingGovernments have notified the Secretary-General in writing that they donot accept the proposal.

      (c) The Secretary-General shall inform all Contracting Governmentsof any notification received under subparagraph (b) and of the date ofentry into force.

      (d) Contracting Governments which do not accept an amendment arenot bound by that amendment but shall follow the procedure laid down inarticle VIII of the present Convention.

      (3) A conference of the Contracting Governments to consider amendmentsto the Annex shall be convened by the Secretary-General upon the requestof at least one third of these Governments. Every amendment adopted bysuch conference by a two-thirds majority of the Contracting Governmentspresent and voting shall enter into force six months after the date onwhich the Secretary-General notifies the Contracting Governments of theamendment adopted.

      (4) The Secretary-General shall notify promptly all signatoryGovernments of the adoption and entry into force of any amendment underthis article.

      Article VIII

      [ The text of notifications received from Contracting Governments incompliance with this article is reproduced in appendix 4.]

      (1) Any Contracting Government that finds it impracticable to complywith any Standard by bringing its own formalities, documentaryrequirements or procedures into full accord with it or which deems itnecessary for special reasons to adopt formalities, documentaryrequirements or procedures differing from that Standard, shall so informthe Secretary-General and notify him of the differences between its ownpractice and such Standard. Such notification shall be made as soon aspossible after entry into force of the present Convention for theGovernment concerned, or after the adoption of such differing formalities,documentary requirements or procedures.

      (2) Notification by a Contracting Government of any such difference inthe case of an amendment to a Standard or of a newly adopted Standardshall be made to the Secretary-General as soon as possible after the entryinto force of such amended or newly adopted Standard, or after theadoption of such differing formalities, documentary requirements orprocedures and may include an indication of the action proposed to bringthe formalities, documentary requirements or procedures into full accordwith the amended or newly adopted Standard.

      (3) Contracting Governments are urged to bring their formalities,documentary requirements and procedures into accord with the RecommendedPractices in so far as practicable. As soon as any Contracting Governmentbrings its own formalities, documentary requirements and procedures intoaccord with any Recommended Practice, it shall notify theSecretary-General thereof.

      (4) The Secretary-General shall inform the Contracting Governments ofany notification made to him in accordance with the preceding paragraphsof this article.

      Article IX

      The Secretary-General shall convene a conference of the ContractingGovernments for revision or amendment of the present Convention at therequest of not less than one third of the Contracting Governments. Anyrevision or amendments shall be adopted by a two-thirds majority vote ofthe Conference and then certified and communicated by theSecretary-General to all Contracting Governments for their acceptance. Oneyear after the acceptance of the revision or amendments by two thirds ofthe Contracting Governments, each revision or amendment shall enter intoforce for all Contracting Governments except those which, before its entryinto force, make a declaration that they do not accept the revision oramendment. The Conference may by a two-thirds majority vote determine atthe time of its adoption that a revision or amendment is of such a naturethat any Contracting Government which has made such a declaration andwhich does not accept the revision or amendment within a period of oneyear after the revision or amendment enters into force shall, upon theexpiration of this period, cease to be a Party to the Convention.

      Article X

      (1) The present Convention shall remain open for signature for sixmonths from this day's date and shall thereafter remain open foraccession.

      (2) The Governments of States Members of the United Nations, or of anyof the specialized agencies, or the International Atomic Energy Agency, orParties to the Statute of the International Court of Justice may becomeParties to the present Convention by:

      (a) signature without reservation as to acceptance;

      (b) signature with reservation as to acceptance followed byacceptance; or

      (c) accession.

      Acceptance or accession shall be effected by the deposit of aninstrument with the Secretary-General.

      (3) The Government of any State not entitled to become a Party underparagraph 2 of this article may apply through the Secretary-General tobecome a Party and shall be admitted as a Party in accordance withparagraph 2, provided that its application has been approved by two thirdsof the Members of the Organization other than Associate Members.

      Article XI

      The present Convention shall enter into force 60 days after the dateupon which the Governments of at least ten States have either signed itwithout reservation as to acceptance or have deposited instruments ofacceptance or accession. It shall enter into force for a Government whichsubsequently accepts it or accedes to it 60 days after the deposit of theinstrument of acceptance or accession.

      Article XII

      Three years after entry into force of the present Convention withrespect to a Contracting Government, such Government may denounce it bynotification in writing addressed to the Secretary-General who shallnotify all Contracting Governments of the content and date of receipt ofany such notification. Such denunciation shall take effect one year, orsuch longer period as may be specified in the notification, after itsreceipt by the Secretary-General.

      Article XIII

      (1) (a) The United Nations in cases where they are the administeringauthority for a territory, or any Contracting Government responsible forthe international relations of a territory, shall as soon as possibleconsult with such territory in an endeavour to extend the presentConvention to that territory, and may at any time by notification inwriting given to the Secretary-General declare that the Convention shallextend to such territory.

      (b) The present Convention shall from the date of the receipt ofthe notification or from such other date as may be specified in thenotification extend to the territory named therein.

      (c) The provisions of article VIII of the present Convention shallapply to any territory to which the Convention is extended in accordancewith the present article; for this purpose, the expression “its ownformalities, documentary requirements or procedures” shall include thosein force in that territory.

      (d) The present Convention shall cease to extend to any territoryone year after the receipt by the Secretary-General of a notification tothis effect, or on such later date as may be specified therein.

      (2) The Secretary-General shall inform all the Contracting Governmentsof the extension of the present Convention to any territory underparagraph 1 of this article, stating in each case the date from which theConvention has been so extended.

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