Gazette August 26 2021 – Part A Resolution and Bills

Resolution No. 11/2021 for the sum of $103,533,192 2-3

Resolution No. 12/2021 to approve the vesting in the National Housing Corporation of the parcel of  land situate at Whitepark

Road and Country Road, St. Michael 4

_ _ _ _ _ _ _ _ _ _ _ _ _

Bill re Final Appropriation (2019-2020) Act, 2021. Bill re Final Appropriation (2020-2021) Act, 2021.

Bill re Facilitation of International Maritime Traffic Act, 2021. Bill re National Vending Act, 2021.

_ _ _ _ _ _ _ _ _ _ _ _ _

Act 2021-20: Statistics (Validation of Listing Exercise) Act, 2021.

Resolution No. 11/2021 MP 6102/5/1 Vol. I

HOUSE OF ASSEMBLY

RESOLVED that the sum of ONE HUNDRED AND THREE MILLION, FIVE HUNDRED AND THIRTY-THREE THOUSAND, ONE HUNDRED AND

NINETY-TWO DOLLARS be granted from the Consolidated Fund and be placed at the disposal of the Government to supplement the Estimates 2021-2022 as shown in the Supplementary Estimates No. 2, 2021-2022 which form the Schedule to this Resolution.

2021-08-24.

A. HOLDER Speaker.

SCHEDULE

Supplementary Estimates 2021 – 2022 No. 2

HEAD	Code Number	Provision in Approved Estimates 2021 – 2022	Provision in Supplementary Esti- mates No. 1	Supplementary Provision Required
Other Expenditure	Other Expenditure	Other Expenditure
HEAD 34 — MINISTRY OF FINANCE, ECONOMIC AFFAIRS AND INVESTMENTProgram 120: Operations of NIS& Social SecuritySubprogram 0142: National Insurance DepartmentAccount Code: 316 — Grants to Public Institutions HEAD 86 — MINISTRY OF HEALTH AND WELLNESSProgram 366: National Crisis ManagementSubprogram 6201: COVID-19 Programme ManagementAccount Code: 755 — Computer Software HEAD 92 — MINISTRY OF ENERGY, SMALL BUSINESS AND ENTREPRENEURSHIPProgram 114: Energy & Natural ResourcesSubprogram 0455: Smart Energy FundAccount Code: 721 — Fund InvestmentsAccount Code: 753 — Furniture and Fittings	341200142	$ 0	$	$
	50,000,000
863666201
	1,077,992
921140455
2,000,000
40,000

SCHEDULE – Cont’d

Supplementary Estimates 2020 – 2021 No. 2 – Cont’d

HEAD	Code Number	Provision in Approved Estimates 2021 – 2022	Provision in Supplementary Esti- mates No. 1	Supplementary Provision Required
Other Expenditure	Other Expenditure	Other Expenditure
HEAD 93 — MINISTRY OF	930400531	$	$	$
HOUSING, LANDS AND
MAINTENANCE
Program 040: Direction and
Policy Formulation Services
Subprogram 0531: Housing
Planning Unit
Account Code: 210 — Supplies and
Materials		14,400	50,000
Account Code: 212 — Operating
Expenses		8,000	825,000
Account Code: 226 – Professional
Services		200,000	30,000
Account Code: 785 – Assets Under
Construction		0	29,080,200
Program 520: Housing Program
Subprogram 0533: National
Housing Corporation	935200533
Account Code: 416 — Grants to
Public Institutions		2,000,000	20,350,000
Program 521: Land Use
Regulation & Certification
Subprogram 0536: Land Registry	935210536
Account Code: 226 — Professional
Services	120,000	80,000

Resolution No. 12/2021 MP: 030/20-7 Vol. I PARLIAMENT

RESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225, approve the vesting in the National Housing Corporation of the parcel of land situate at Whitepark Road and Country Road in the parish of Saint Michael in this Island and more particularly described in the Schedule.

APPROVED by the House of Assembly this 27th day of July, Two thousand and twenty-one.

A. HOLDER Speaker.

APPROVED by the Senate this 18th day of August, Two thousand and twenty-one.

R. FARLEY President.

I  assent

JEFFREY D. GIBSON

Acting Governor-General 20th August, 2021.

SCHEDULE

ALL THAT land the property of the Crown situate at Whitepark Road and Country Road in the parish of Saint Michael in this Island namely Lot 1 (together with the buildings thereon) containing by admeasurement 11400.0 square metres (inclusive of 15.0 square metres in road reserve) abutting and bounding on lands now or formerly of The Wesleyan Holiness Church, on lands now or formerly of the Barbados Government, on lands now or formerly of Economical Homes Company Ltd. on lands now or formerly of the Barbados Government (Lot 2) on lands now or formerly of Country Road Investments Ltd. on lands now or formerly of the National Housing Corporation, on other lands of the Barbados Government (Drain) and on a road known as Whitepark Road which leads to Bridgetown in one direction and Bank Hall in the other direction or however else the same may abut and bound as shown and delineated on a plan certified on the 13th day of October, 2020 by Samuel N. Taylor, Land Surveyor and recorded on the 10th day of November, 2020 in the Lands and Surveys Department as Plan No. 1354/2020.

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Printed and Published by

the Barbados Government Printing Department

FINAL APPROPRIATION (2019-2020) ACT, 2021

OBJECTS AND REASONS

This Bill is the Final Appropriation Bill in respect of the Financial Year which ended on the 31st March, 2020 and would provide for the grant out of the Consolidated Fund of the sum of $175,092,593 and for the appropriation of that sum for the services and purposes specified in the Schedule.

FINAL APPROPRIATION (2019-2020) ACT, 2021

Arrangement of Sections

1. Short title
2. Supplementary grant of $175,092,593
3. Date on which grant takes effect
4. Appropriation of sum granted

SCHEDULE

BARBADOS

A Bill entitled

An Act to grant an additional sum of money out of the Consolidated Fund and to appropriate the same for the services of the Island for the Financial Year that ended 31st March, 2020.

WHEREAS the sum of money granted out of the Consolidated Fund by the Appropriation Act, 2019 for the services of the Island for the Financial Year ended 31st March, 2020 has proved insufficient to meet the demands for such services;

AND WHEREAS certain Resolutions were passed during the Financial Year that ended 31st March, 2020 granting additional sums out of the Consolidated Fund for the services of that year, and it is deemed expedient to appropriate the same in the manner hereinafter mentioned;

NOW THEREFORE BE IT ENACTED by the Parliament of Barbados as follows:

Short title

1.

2021.

This Act may be cited as the Final Appropriation (2019-2020) Act,

Supplementary grant of $175,092,593

1. The Accountant General may, on the warrant of the Minister or someperson authorised by the Minister in writing, issue out of the Consolidated Fund and apply for making good the sums granted for the supply of services for the year ended 31st March, 2020 the sum of one hundred and seventy-five million and ninety-two thousand, five hundred and ninety-three dollars.
   Date on which grant takes effect
2. The sum granted by this Act shall be deemed to have been granted onthe 1st April, 2019 in addition to the sum granted by the Appropriation Act, 2019.
   Appropriation of sum granted
3. The sum granted by this Act out of the Consolidated Fund for makinggood the sums granted for the purpose specified in section 2 is appropriated from 1st April, 2019 for the purposes specified in the Schedule.
   SCHEDULE
   PART 1(Section 4)ABSTRACTS OF THE APPROPRIATION GRANTSServiceAppropriated for 2019-2020
   $10.Governor General50,00012.Parliament2,311,97013.Prime Minister’s Office3,247,31915.Cabinet Office1,000,00022.Ministry of Information, Broadcasting and Public1,016,633Affairs27.Ministry of Tourism and International Transport894,28528.Ministry of Home Affairs1,100,00029.Office of the Director of Public Prosecutions33,53530.Attorney General2,309,40232.Ministry of Foreign Affairs and Foreign Trade3,403,38134.Ministry of Finance, Economic Affairs andInvestment24,897,14035.Ministry of People Empowerment andElder Affairs1,200,000C/F41,463,665
   
   PART 1 – (Concl’d)
   ABSTRACTS OF THE APPROPRIATION GRANTS – (Concl’d)
   ServiceAppropriated for 2018-2019
   
   
   B/F$
   41,463,66536.Ministry of Energy and Water Resources20,300,00039.Ministry of International Business and Industry1,800,00246.Ministry of Maritime Affairs and the Blue Economy544,00075.Ministry of Housing, Lands and Rural Development
   2,209,44080.Ministry of Transport, Works and Maintenance9,148,80982.Ministry of the Environment and National Beautification
   3,048,80085.Ministry of Youth and Community Empowerment4,148,22786.Ministry of Health and Wellness81,970,63687.Ministry of Education, Technological and Vocational Training
   6,070,93489.Ministry of Small Business, Entrepreneurship and Commerce
   2,751,63690.Ministry of Creative Economy, Culture and Sports1,636,444175,092,593
   
   Schedule – (Cont’d)
   PART II CURRENT AND CAPITAL
   HEAD 10 – GOVERNOR GENERAL
   PROGRAMME 001 – GOVERNOR GENERAL ESTABLISHMENTSub-programme 0001 – Governor General 50,000
   HEAD 12 – PARLIAMENT
   PROGRAMME 030Sub-programme 0030Parliament2,311,970
   • PARLIAMENT
   • Management Commission of
   HEAD 13 – PRIME MINISTER’S OFFICE
   PROGRAMME 041- NATIONAL DEFENCE AND SECURITY PREPAREDNESSSub-programme 0043- Barbados Defence Force3,247,319HEAD 15 – CABINET OFFICE
   PROGRAMME 070
   Sub-programme 7020
   Coordination Services1,000,000
   • CABINET SECRETARIAT
   • General Management and
   HEAD 22 – MINISTRY OF INFORMATION, BROADCASTING AND PUBLIC AFFAIRS
   PROGRAMME 044- GOVERNMENT PRINTING SERVICESSub-programme 0050- Printing Department1,016,633
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 27 – MINISTRY OF TOURISM AND INTERNATIONAL TRANSPORT
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7060- General Management and Coordination Services
   84,523Sub-programme 0599- National Tourism Programme473,561PROGRAMME 333- INTERNATIONAL TRANSPORTSub-programme 7065- General Management & Coordination Services
   108,201PROGRAMME 335- AIR TRANSPORT INFRASTRUCTURESub-programme 0338- Air Traffic Management Services228,000HEAD 28 – MINISTRY OF THE HOME AFFAIRS
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0241- National Council on Substance Abuse800,000PROGRAMME 201- IMMIGRATION REGULATORY SERVICESSub-programme 0202- Immigration Department300,000HEAD 29 – OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
   PROGRAMME 230
   Sub-programme 0230
   Prosecutions33,535
   • ADMINISTRATION OF JUSTICE
   • Office of the Director of Public
   
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 30 – ATTORNEY GENERAL
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0240- Forensic Services850,000PROGRAMME 240- LEGAL SERVICESSub-programme 0246- Parliamentary Counsel Services250,000PROGRAMME 241- LEGAL REGISTRATION SERVICESSub-programme 0247- Registration Department481,855PROGRAMME 244Sub-programme 0256
   727,547
   • POLICE SERVICES
   • General Police Services
   HEAD 32 – MINISTRY OF FOREIGN AFFAIRS AND FOREIGN TRADE
   PROGRAMME 330 – DIRECTION FORMULATION ANDIMPLEMENTATION OF FOREIGN POLICY
   Sub-programme 7080 – General Management, Co-ordinationand Missions 877,200Sub-programme 7081 – Foreign Trade 29,974 Sub-programme 0078 – Overseas Missions – Ghana 799,784 Sub-programme 0091 – United Nations Conferences on Tradeand Development XV 1,696,423
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 34 – MINISTRY OF FINANCE, ECONOMIC AFFAIRS AND INVESTMENT
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7010- General Management and Coordination Services
   14,811,958PROGRAMME 112- FINANCIAL CONTROL AND TREASURY MANAGEMENTSub-programme 0113- Tax Administration and Public Expenditure Management
   598,473PROGRAMME 113- REVENUE COLLECTIONSub-programme 0185- Barbados Revenue Authority4,448,972Sub-programme 0190- Tax Administration Infrastructure Reform Project
   4,037,737PROGRAMME 119- LENDINGSub-programme 0141- Loans and Advances500,000PROGRAMME 123- PRESERVATION OF INVESTMENTSSub-programme 0182- Preservation of Investments -British American Insurance Company (B’dos) Ltd.
   500,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 35 – MINISTRY OF PEOPLE EMPOWERMENT AND ELDER AFFAIRS
   PROGRAMME 423- PERSONAL SOCIAL SERVICES DELIVERY PROGRAMSub-programme 0429- Child Care Board1,200,000
   HEAD 36 – MINISTRY OF ENERGY AND WATER RESOURCES
   PROGRAMME 518- BARBADOS WATER AUTHORITYSub-programme 0542- Barbados Water Authority20,300,000HEAD 39 – MINISTRY OF INTERNATIONAL BUSINESS AND INDUSTRY
   PROGRAMME 040 – DIRECTION AND POLICYFORMULATION SERVICES
   Sub-programme 0490 – International Business and FinancialServices 1,602,888
   HEAD 46 – MINISTRY OF MARITIME AFFAIRS AND THE BLUE ECONOMY
   PROGRAMME 040 – DIRECTION AND POLICY FORMULATIONSub-programme 0388 – Market Development 544,000
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 75 – MINISTRY OF HOUSING, LANDS AND RURAL DEVELOPMENT
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0531- Housing Planning Unit209,440PROGRAMME 520- HOUSING PROGRAMSub-programme 0533- National Housing Corporation2,000,000HEAD 80 – MINISTRY OF TRANSPORT, WORKS AND MAINTENANCE
   PROGRAMME 517
   Sub-programme 0527
   
   6,700,000Sub-programme 0546- Improvement to Public Transport2,448,809
   • TRANSPORT
   • Transport Board (Subsidy)
   HEAD 82 – MINISTRY OF THE ENVIRONMENT AND NATIONAL BEAUTIFICATION
   PROGRAMME 650 – PRESERVATION AND CONSERVATIONOF THE TERRESTRIAL AND MARINE ENVIRONMENT
   Sub-programme 0399 – Botanical Gardens 500,000
   Sub-programme 0420 – We Gathering Vision 2020 2,548,800
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 85 – MINISTRY OF YOUTH AND COMMUNITY EMPOWERMENT
   PROGRAMME 277- YOUTH AFFAIRS AND SPORTSSub-programme 0566- Youth Development Program150,000Sub-programme 0567- Barbados Youth Service3,998,227HEAD 86 – MINISTRY OF HEALTH AND WELLNESS
   PROGRAMME 040- DIRECTION AND POLICY FOMULATION SERVICESSub-programme 7045- General Management and Coordination Services
   12,470,894Sub-programme 0361- Technical Management Services19,400,000PROGRAMME 360- PRIMARY HEALTH CARE SERVICESSub-programme 0363- Laboratory Services750,000PROGRAMME 361- HOSPITAL CARE SERVICESSub-programme 0375- Queen Elizabeth Hospital35,813,742PROGRAMME 363- PHARMACEUTICAL PROGRAMMESub-programme 0383- Drug Service13,536,000
   PART II – (Concl’d) CURRENT AND CAPITAL – (Concl’d)HEAD 87 – MINISTRY OF EDUCATION, TECHNOLOGY AND VOCATIONAL TRAINING
   PROGRAMME 271 – BASIC EDUCATIONAL DEVELOPMENT
   Sub-programme 0277 – Primary Education DomesticProgramme 2,254,027Sub-programme 0280 – Skills for the Future 3,816,907
   HEAD 89 – MINISTRY OF SMALL BUSINESS, ENTREPRENEURSHIP AND COMMERCE
   PROGRAMME 128 – MICRO-ENTERPRISE DEVELOPMENTBARBADOS AGENCY FOR MICRO- ENTERPRISE DEVELOPMENTSub-programme 0157 – (FUND ACCESS) 2,500,000 PROGRAMME 461 – PRODUCT STANDARDSSub-programme 0463 – Barbados National StandardsInstitution 251,636
   HEAD 90 – MINISTRY OF CREATIVE ECONOMY, CULTURE AND SPORTS
   PROGRAMME 425- PROMOTION OF SPORTING ACHIEVEMENTS AND FITNESSSub-programme 0432- National Sports Council1,636,444
   Read three times and passed the House of Assembly this day of , 2021.
   Speaker
   Read three times and passed the Senate this day of, 2021.
   President
   PARLIAMENT
   SECOND SESSION OF 2018-2023
   BILL
   cited as the Final Appropriation (2019-2020) Act, 2021
   
   Government Printing Department
   OBJECTS AND REASONS
   This Bill is the Final Appropriation Bill in respect of the Financial Year which ended on the 31st March, 2021 and would provide for the grant out of the Consolidated Fund of the sum of $594,210,935 and for the appropriation of that sum for the services and purposes specified in the Schedule.
   FINAL APPROPRIATION (2020-2021) ACT, 2021
   Arrangement of Sections
   1. Short title
   2. Supplementary grant of $594,210,935
   3. Date on which grant takes effect
   4. Appropriation of sum granted

SCHEDULE

BARBADOS

A Bill entitled

An Act to grant an additional sum of money out of the Consolidated Fund and to appropriate the same for the services of the Island for the Financial Year that ended 31st March, 2021.

WHEREAS the sum of money granted out of the Consolidated Fund by the Appropriation Act, 2020 for the services of the Island for the Financial Year ended 31st March, 2021 has proved insufficient to meet the demands for such services;

AND WHEREAS certain Resolutions were passed during the Financial Year that ended 31st March, 2021 granting additional sums out of the Consolidated Fund for the services of that year, and it is deemed expedient to appropriate the same in the manner hereinafter mentioned;

NOW THEREFORE BE IT ENACTED by the Parliament of Barbados as follows:

Short title

1.

2021.

This Act may be cited as the Final Appropriation (2020-2021) Act,

Supplementary grant of $594,210,935

1. The Accountant General may, on the warrant of the Minister or someperson authorised by the Minister in writing, issue out of the Consolidated Fund and apply for making good the sums granted for the supply of services for the year ended 31st March, 2021 the sum of five hundred and ninety-four million and two hundred and ten thousand, nine hundred and thirty-five dollars.
   Date on which grant takes effect
2. The sum granted by this Act shall be deemed to have been granted onthe 1st April, 2020 in addition to the sum granted by the Appropriation Act, 2020.
   Appropriation of sum granted
3. The sum granted by this Act out of the Consolidated Fund for makinggood the sums granted for the purpose specified in Section 2 is appropriated from 1st April, 2020 for the purposes specified in the Schedule.
   SCHEDULE
   PART I
   (Section 4)
   ABSTRACTS OF THE APPROPRIATION GRANTS
   ServiceAppropriated for 2020-2021$11.Ministry of the Public Service106,00012.Parliament2,746,13613.Prime Minister’s Office52,319,35415.Cabinet Office3,762,67827.Ministry of Tourism and International Transport27,829,46030.Office of the Attorney General6,202,19331.Ministry of Innovation, Science and Smart Technology12,977,30432.Ministry of Foreign Affairs and Foreign Trade2,280,44533.Ministry of Home Affairs, Information and Public Affairs15,064,86834.Ministry of Finance, Economic Affairs and Investment38,794,54735.Ministry of People Empowerment and Elder Affairs26,444,68539.Ministry of International Business and Industry8,957,755C/F197,485,425
   
   Schedule – (Cont’d)
   
   PART I – (Concl’d)
   ABSTRACTS OF THE APPROPRIATION GRANTS – (Concl’d)
   ServiceAppropriated for 2020-2021$B/F197,485,42546.Ministry of Maritime Affairs and the Blue Economy1,250,00081.Ministry of Transport, Works and Water Resources108,155,31482.Ministry of Environment and National Beautification18,187,70583.Ministry of Agriculture and Food Security37,872,01886.Ministry of Health and Wellness136,017,41987.Ministry of Education, Technological and Vocational Training28,123,69391.Ministry of Youth, Sports and Community Empowerment2,055,58092.Ministry of Energy, Small Business and Entrepreneurship24,063,78193.Ministry of Housing, Lands and Maintenance41,000,000594,210,935
   
   Schedule – (Cont’d)
   PART II CURRENT AND CAPITAL
   HEAD 11 – MINISTRY OF THE PUBLIC SERVICE
   PROGRAMME 082- IMPLEMENTATION OF PERSONNEL CONDITION OF SERVICESub-programme 0086- People Resourcing and Compliance106,000HEAD 12 – PARLIAMENTPROGRAMME 030- PARLIAMENTSub-programme 0030- Management Commission of Parliament2,746,136
   HEAD 13 – PRIME MINISTER’S OFFICEPROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0593- Household Survival Program20,000,000PROGRAMME 041- NATIONAL DEFENCE AND SECURITY PREPAREDNESSSub-programme 0043- Barbados Defence Force5,000,000PROGRAMME 166- RURAL DEVELOPMENTSub-programme 0181- Rural Development Commission7,500,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 13 – PRIME MINISTER’S OFFICE – (Concl’d)
   PROGRAMME 332- DEVELOPMENT OF TOURISM POTENTIALSub-programme 0437- Barbados Tourism Investment Inc.5,000,000PROGRAMME 425- PROMOTION OF SPORTING ACHIEVEMENT AND FITNESSSub-programme 0489- Kensington Oval Management Inc.3,319,354PROGRAMME 631- URBAN DEVELOPMENTSub-programme 0534- Urban Development Commission11,500,000HEAD 15 – CABINET OFFICE
   PROGRAMME 070
   Sub-programme 7020
   Services1,395,895PROGRAMME 071- CONSTITUTIONAL AND STATUTORY AUTHORITYSub-programme 0073- Electoral and Boundaries Commission2,366,783
   • CABINET SECRETARIAT
   • General Management and Coordination
   
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 27 – MINISTRY OF TOURISM AND INTERNATIONAL TRANSPORT
   PROGRAMME 332- DEVELOPMENT OF TOURISM POTENTIALSub-programme 0554- Caves of Barbados2,814,576PROGRAMME 333- INTERNATIONAL TRANSPORTSub-programme 7065- General Management & Coordination Services
   5,001,129PROGRAMME 340- AVIATION SERVICESSub-programme 0359- Barbados Aircraft and Aviation Services Company Ltd.
   2,567,558PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7060- General Management and Coordination Services
   1,609,682Sub-programme 0599- National Tourism Programme235,830PROGRAMME 332- DEVELOPMENT OF TOURISM POTENTIALSub-programme 0353- Barbados Tourism Marketing Inc.15,000,000PROGRAMME 335- AIR TRANSPORT INFRASTRUCTURESub-programme 0338- Air Traffic Management Services600,685
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 30 – ATTORNEY GENERAL
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7075- General Management and Coordination Services
   1,880,950Sub-programme 0240- Forensic Services358,557PROGRAMME 240- LEGAL SERVICESSub-programme 0246- Parliamentary Counsel Services400,000PROGRAMME 244- POLICE SERVICESSub-programme 0225- Police Headquarters and Management3,061,996Sub-programme 0256- General Police Services500,690HEAD 31 – MINISTRY OF INNOVATION, SCIENCE AND SMART TECHNOLOGY
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7157- General Management and Coordination Services
   11,402,297Subprogramme 0504- Public Sector Modernisation30,128PROGRAMME 043- APPLICATION FOR MODERN INFORMATION TECHNOLOGYSub-programme 0087- Shared Services1,544,879
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 32 – MINISTRY OF FOREIGN AFFAIRS AND FOREIGN TRADE
   PROGRAMME 330 – DIRECTION FORMULATION ANDIMPLEMENTATION OF FOREIGN POLICY
   Sub-programme 0091 – United Nations Conferences on Trade andDevelopment XV 2,280,445
   HEAD 33 – MINISTRY OF HOME AFFAIRS, INFORMATION AND PUBLIC AFFAIRS
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0241- National Council on Substance Abuse732,390Sub-programme 7070- General Management and Coordination Services
   362,800Sub-programme 7156- General Management and Coordination Services
   5,913,195PROGRAMME 044- GOVERNMENT PRINTING SERVICESSub-programme 0050- Printing Department4,546,380PROGRAMME 202- FIRE FIGHTING SERVICESSubprogramme 0203- Fire Service Department314,924PROGRAMME 243- CORRECTIVE AND REHABILITATIVE SERVICESSub-programme 0252- Prisons Department3,195,179
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 34 – MINISTRY OF FINANCE, ECONOMIC AFFAIRS AND INVESTMENT
   PROGRAMME 002- FINANCIAL CONTROL AND TREASURY MANAGEMENTSub-programme 0113- Information Systems Unit (ISU)796,775PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7010- General Management and Coordination Services
   395,985PROGRAMME 113- REVENUE COLLECTIONSub-programme 0133- Customs1,275,750Sub-programme 0185- Barbados Revenue Authority2,652,444PROGRAMME 116- SUPPLIES AND PURCHASING MANAGEMENTSub-programme 0192- Government Procurement Department8,562,000PROGRAMME 121- ECONOMIC AND SOCIAL PLANNINGSub-programme 0145- The Population and Housing Census111,593PROGRAMME 124- BARBADOS EMPLOYMENT AND SUSTAINABLE TRANSFORMATION (BEST) PLANSub-programme 0576- Enterprise Growth Fund Limited (EGFL) Fund Managers
   25,000,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 35 – MINISTRY OF PEOPLE EMPOWERMENT AND ELDER AFFAIRS
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7155- General Management and Coordination Services
   8,771,578PROGRAMME 423- PERSONAL SOCIAL SERVICES DELIVERY PROGRAMMESub-programme 0427- Welfare Department10,000,000Sub-programme 0428- National Assistance Board7,673,107HEAD 39 – MINISTRY OF INTERNATIONAL BUSINESS AND INDUSTRY
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0490- International Business and Financial Services
   2,629,379Sub-programme 0491- Department of Corporate Affairs and Intellectual Property
   2,328,376PROGRAMME 460- INVESTMENT, INDUSTRIAL AND EXPORT DEVELOPMENTSub-programme 0462- Barbados Investment and Development Corporation
   4,000,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 46 – MINISTRY OF MARITIME AFFAIRS AND THE BLUE ECONOMY
   PROGRAMME 163- FISHERIES MANAGEMENT AND DEVELOPMENTSub-programme 0173- Fisheries Services1,250,000HEAD 81 – MINISTRY OF TRANSPORT, WORKS AND WATER RESOURCES
   PROGRAMME 510
   Sub-programme 0511
   Maintenance Services85,000Sub-programme 0529- Road and Bridge Improvement Study1,430,000Sub-programme 0530- IDB Road Rehabilitation and Improving Connectivity
   800,000PROGRAMME 511- DRAINAGESub-programme 0515- Maintenance of Drainage to Prevent Flooding
   5,138,951PROGRAMME 512- SCOTLAND DISTRICT SPECIAL WORKSSub-programme 0516- Scotland District Special Works2,000,000
   • ROAD NETWORKS SERVICES
   • Highway Construction and
   
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 81 – MINISTRY OF TRANSPORT, WORKS AND MAINTENANCE – (Concl’d)
   PROGRAMME 516- TRANSPORTSub-programme 0523- Licensing, Inspection of Vehicles628,670PROGRAMME 517- TRANSPORTSub-programme 0527- Transport Board (Subsidy)51,007,145PROGRAMME 518- BARBADOS WATER AUTHORITYSub-programme 0542- Barbados Water Authority47,065,548HEAD 82 – MINISTRY OF THE ENVIRONMENT AND NATIONAL BEAUTIFICATION
   PROGRAMME 400- ENVIRONMENTAL HEALTH SERVICESSub-programme 0372- Sanitation Service Authority9,027,375PROGRAMME 650- PRESERVATION AND CONSERVATION OF THE TERRESTRIAL AND MARINE ENVIRONMENTSub-programme 0386- National Conservation Commission7,746,330Sub-programme 0399- Botanical Gardens1,414,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 83 – MINISTRY OF AGRICULTURE AND FOOD SECURITY
   PROGRAMME 160- MEASURES TO STIMULATE INCREASED CROP PRODUCTIONSub-programme 0163- Food Crop Research Development and Extension
   945,000Sub-programme 0636- Barbados Agricultural Development and Marketing Corporation
   8,340,425Sub-programme 0637- Barbados Agricultural Management Company
   20,464,849PROGRAMME 161- MEASURES TO STIMULATE INCREASED LIVESTOCK PRODUCTIONSub-programme 0165- Livestock Research Extension and Development Services
   275,000Sub-programme 0189- Animal Nutrition Unit357,204Sub-programme 0199- Blackbelly Sheep134,000Sub-programme 0639- Southern Meats400,540PROGRAMME 162- RESOURCE DEVELOPMENT AND PROTECTIONSub-programme 0167- Scotland District Development6,005,000Sub-programme 0170- Veterinary Services160,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 83 – MINISTRY OF AGRICULTURE AND FOOD SECURITY – (Concl’d)
   PROGRAMME 164
   Sub-programme 0175
   
   85,000PROGRAMME 165- ANCILLARY, TECHNICAL AND ANALYTICAL SERVICESSub-programme 0179- Government Analytical Services320,000Sub-programme 0180- Meteorology Department Service385,000
   • GENERAL SUPPORT SERVICES
   • Marketing Facilities
   HEAD 86 – MINISTRY OF HEALTH AND WELLNESS
   PROGRAMME 040- DIRECTION AND POLICY FOMULATION SERVICESSub-programme 7045- General Management and Coordination Services
   2,065,463Sub-programme 0361- Technical Management Services2,485,030PROGRAMME 360- PRIMARY HEALTH CARE SERVICESSub-programme 0362- Barbados Living Laboratory4,000,000Sub-programme 0363- Laboratory Services6,737,194Sub-programme 0366- David Thompson Polyclinic517,542Sub-programme 0408- Maurice Byer Polyclinic2,709,749
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 86 – MINISTRY OF HEALTH AND WELLNESS – (Concl’d)
   PROGRAMME 361
   Sub-programme 0375
   
   10,652,000Sub-programme 0620- Management of COVID-19 QEH73,077,468PROGRAMME 363- PHARMACEUTICAL PROGRAMMESub-programme 0383- Drug Service238,000PROGRAMME 366- COVID-19 PREVENTION AND CONTROLSub-programme 0396- COVID-19 Program Management32,795,411PROGRAMME 400- ENVIRONMENTAL HEALTH SERVICESSub-programme 0371- Vector Control739,562
   • HOSPITAL CARE SERVICES
   • Queen Elizabeth Hospital
   HEAD 87 – MINISTRY OF EDUCATION, TECHNOLOGICAL AND VOCATIONAL TRAINING
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 7100- General Management and Coordination Services
   133,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 87 – MINISTRY OF EDUCATION, TECHNOLOGICAL AND VOCATIONAL TRAINING – (Concl’d)
   PROGRAMME 271- BASIC EDUCATIONAL DEVELOPMENTSub-programme 0277- Primary Education Domestic Programme
   8,802,000Sub-programme 0302- Education Sector Enhancement Program
   10,000,000Sub-programme 0571- Nursery and Primary Schools5,591,693Sub-programme 0278- Special Schools240,000PROGRAMME 272- SECONDARYSub-programme 0655- Queen’s College200,000PROGRAMME 273- TERTIARYSub-programme 0287- Higher Education Awards157,000PROGRAMME 275- SPECIAL SERVICESSub-programme 0294- School Meals Department3,000,000
   
   Schedule – (Cont’d)
   PART II – (Cont’d) CURRENT AND CAPITAL – (Cont’d)HEAD 91 – MINISTRY OF YOUTH, SPORTS AND COMMUNITY EMPOWERMENT
   PROGRAMME 277- YOUTH AFFAIRS AND SPORTSSub-programme 0566- Youth Development Programme75,000PROGRAMME 422- COMMUNITY DEVELOPMENTSub-programme 0426- Community Development Department1,980,580HEAD 92 – MINISTRY OF ENERGY, SMALL BUSINESS AND ENTREPRENEURSHIP
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSub-programme 0162- Trust Loan Funds Ltd.6,000,000Sub-programme 0461- Business Development3,700,000PROGRAMME 114- ENERGY AND NATURAL RESOURCESSub-programme 0154- Natural Resources Department375,756Sub-programme 0452- Energy Conservation and Renewable Energy Unit
   1,488,025PROGRAMME 128- MICRO-ENTERPRISE DEVELOPMENTSub-programme 0157- Barbados Agency for Micro-Enterprise Development (FUND ACCESS)
   12,500,000
   
   Schedule – (Concl’d)
   PART II – (Concl’d) CURRENT AND CAPITAL – (Concl’d)HEAD 93 – MINISTRY OF HOUSING, LANDS AND MAINTENANCE
   PROGRAMME 040- DIRECTION AND POLICY FORMULATION SERVICESSubprogramme 0532- Tenantries Relocation and Redevelopment
   7,000,000PROGRAMME 520- HOUSING PROGRAMSub-programme 0533- National Housing Corporation12,000,000PROGRAMME 522- LAND AND PROPERTY ACQUISITION AND MANAGEMENT PROGRAMMESub-programme 0539- Property Management22,000,000
   Read three times and passed the House of Assembly this day of , 2021.
   Speaker
   Read three times and passed the Senate this day of, 2021.
   President
   PARLIAMENT
   SECOND SESSION OF 2018-2023
   BILL
   cited as the Final Appropriation (2020-2021) Act, 2021
   
   Government Printing Department
   OBJECTS AND REASONS
   This Bill would implement the Convention on Facilitation of International Maritime Traffic to make provision for the electronic transmission and exchange of information in order to facilitate and expedite the clearance of international maritime traffic and to provide for related purposes.
   2
   FACILITATION OF INTERNATIONAL MARITIME TRAFFIC ACT, 2021
   Arrangement of Sections PART I PRELIMINARY
   1. Short title
   2. Interpretation
   3. Convention to have force of law
   4. Application of Act
      PART II ADMINISTRATION
   5. Establishment of National Maritime Transport Facilitation Programme
   6. Establishment of National Maritime Transport Facilitation Committee
   7. Functions of Committee
   8. Functions of the Barbados Port Inc.
      PART IIIARRIVAL, STAY AND DEPARTURE OF SHIPS
   9. Establishment of Maritime Single Window
   10. Documents to be submitted through Maritime Single Window
   11. Documents pre-arrival
   12. Provisional clearance of ship intending to arrive
   13. Documents on arrival
   14. Final clearance of ship on arrival
   15. Ship arriving for medical emergency
   16. Documents pre-departure
   17. Provisional clearance on intended departure
   18. Documents on departure
   19. Final clearance of ship on departure
   20. Failure to submit pre-arrival and pre-departure documents
   21. Request for additional documents
   22. Documents to be signed
   23. Correction of errors
       PART IVARRIVAL AND DEPARTURE OF CRUISE SHIPS
   24. Arrival of a cruise ship
   25. Documents on arrival of a cruise ship
   26. Documents on departure of a cruise ship
       PART V
       ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS
   27. Final Certificate of Clearance to be issued before disembarking ship
   28. Documents required from passengers on arrival
   29. Documents required from crew members on arrival
   30. Passengers and crew members arriving without documents
   31. Shore Leave
   32. Documents required from passengers and crew members on departure
   33. Improper documents
       PART VI STOWAWAYS
   34. Incidences of stowaways and attempted stowaways to be reported
   35. Ship owner to defray cost of maintaining stowaway
   36. Treatment of stowaways
       PART VII OFFENCES AND PENALTIES
   37. Offences relating to the submission of false documents
       PART VIII MISCELLANEOUS
   38. Settlement of disputes
   39. Regulations
   40. Amendment of Schedules
   41. Consequential amendments
   42. Commencement
       FIRST SCHEDULENational Maritime Transport Facilitation Committee
       SECOND SCHEDULE1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)
       THIRD SCHEDULEPre-arrival Documents
       FOURTH SCHEDULEDocuments relating to Stowaways
       FIFTH SCHEDULEList of officers to whom pre-arrival and pre-departure documents to be submitted
       SIXTH SCHEDULECertificates of Clearance on Pre-Arrival and Arrival
       SEVENTH SCHEDULEForm of Notice of Intended Departure
       EIGHTH SCHEDULECertificates of Clearance on Departure
       NINTH SCHEDULEList of officers to whom fines are to be paid for outstanding pre-arrival and pre- departure documents
       TENTH SCHEDULEConsequential Amendments
       BARBADOS
       A Bill entitled
       An Act to provide for the implementation of the Convention on Facilitation of International Maritime Traffic to make provision for the electronic transmission and exchange of information in order to facilitate and expedite the clearance of international maritime traffic and to provide for related purposes.ENACTED by the Parliament of Barbados as follows:
       PART I PRELIMINARYShort title1.
       This Act may be cited as the Facilitation of International MaritimeTraffic Act, 2021.
       Interpretation2.(1)In this Act,“advance cargo information” means a manifest, an airway bill, a bill of lading, information or data in respect of
       1. cargo and stores including all imports, exports in transit and transshipment of goods; or
       2. any package of which there is no bill of lading or airway bill on board a ship;

“advance passenger information” means the information in respect of a passenger, crew member or other person transported in a ship;

“attempted stowaway” means a person who is

1. secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or master; and
2. detected on board the ship before it has departed from the port;

“clearance” means the accomplishment of customs or other formalities necessary to permit

1. goods to enter for home use, to be exported or to be placed under another customs procedure;
2. persons to enter Barbados; or
3. a ship to enter or depart the Port;

“coastal state” means a sovereign state that is not land locked and has territory connected to the ocean or whose coastlines lie on exorheic basins which naturally externally drain into rivers or oceans;

“Committee” means the National Maritime Transport Facilitation Committee established under section 6;

“Convention” means the International Maritime Organization Convention on Facilitation of International Maritime Traffic, 1965

1. the text of which is set out in the Second Schedule; and
2. to which Barbados is a party;

“cruise ship” means a ship on an international voyage carrying passengers participating in a group programme and accommodated on board for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally

1. embark or disembark any other passengers; or
2. load or discharge any cargo;

“customs officer” means a customs officer appointed under section 13 of the Public Service Act, Cap. 29 and includes the Comptroller of Customs, a Deputy Comptroller of Customs, an Assistant Comptroller of Customs and a Customs Guard;

“document” includes information presenting data by electronic means or by non- electronic means;

“domestic space” means the countries of Anguilla, Antigua and Barbuda, Bahamas, Belize, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands and any other country so designated under an enactment governing the customs system in Barbados;

“goods” means tangible products and includes animals and plants transported on an international voyage or for utilization on board a ship;

“immigration officer” means an immigration officer appointed under section 13 of the Public Service Act, Cap. 29 and includes the Chief Immigration Officer, the Deputy Chief Immigration Officer, an Assistant Chief Immigration Officer and a Senior Immigration Officer;

“IMPACS” means the CARICOM Implementing Agency for Crime and Security established under the Agreement Establishing the CARICOM Implementation Agency for Crime and Security, 2006;

“International Health Regulations” are the regulations adopted by the World Health Assembly on the 23rd May, 2005 which entered into force on the 15th June, 2007 to which Barbados is a party;

“JRCC” means the Joint Regional Communication Centre which is a sub-agency of IMPACS which receives advance passenger information data and advance cargo information data;

“maritime autonomous surface ship” means a ship which to a varying degree can operate independently of human interaction;

“Maritime Single Window” means a one-stop service environment that covers maritime and port administrative procedures;

“master” means the person having command of a ship; “Minister” means the Minister responsible for Maritime Affairs;

“non-coastal state” means a land locked state whose territory is not connected to the ocean or whose coastlines lie on endorheic basins which internally drain into lakes or swamps, and allows no natural outflow to rivers or oceans;

“passport” means a valid passport referring to the person producing the same, furnished with a photograph of that person and duly issued to him by or on behalf of the Government of the country of which he is a subject or citizen and for a period which, according to the law in force in that country, has not expired, and includes a travel permit or other document establishing to the

satisfaction of an immigration officer the nationality and identity of the person to whom it refers;

“Port” means the Port of Bridgetown as described in the First Schedule to the Barbados Port Inc. (Transfer of Management and Vesting of Assets) Act, Cap. 285B;

“port” includes any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships or any other place at which a ship can call;

“Programme” means the National Maritime Transport Facilitation Programme established under section 5;

“Seafarers’ Identity Document” means the form of identification issued to a seafarer for the purpose of the Seafarers’ Identity Documents Convention, 1958, of the International Labour Organization to which Barbados is a party;

“ship” means a vessel which is designed, used or capable of being used solely or partly for navigation in, on, through, or immediately above the water, without regard to method or lack of propulsion and includes a maritime autonomous surface ship;

“ship agent” means

1. the party representing the owner of the ship; or
2. the charterer in port;

“ship owner” means a person who owns or operates a ship and includes any person other than the ship agent acting on the behalf of the owner or the operator;

“ship document” includes certificates and other documents which must be made available by the master of the ship in order to demonstrate that the ship is in compliance with national and international regulations;

“ship equipment” includes articles, other than the spare part of the ship, that are on board a ship for use on the ship and which are removable but not of a

consumable nature, including accessories such as life boats, life-saving devices, furniture, ship apparel and similar items;

“ship spare parts” includes articles of a repair or replacement nature for incorporation into the ship in which they are carried;

“ship stores” includes goods that are to be used in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants but does not include ship equipment and ship spare parts;

“shore leave” means permission for a crew member to go ashore during the stay of a ship in port within such geographical or time limits, if any, as may be decided by the public authorities;

“SOLAS” means the International Convention for Safety of Life at Sea, 1974 to which Barbados is a party;

“stowaway” means a person who

1. is secreted on a ship, or in cargo which is subsequently loaded on the ship without the consent of the ship owner or master;
2. is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival; and
3. is reported as a stowaway by the master to the appropriate authorities.

1. In this Act, “Annex” shall be construed as a reference
   1. to the Annex to the Convention as modified from time to time; or
   2. where the Annex is replaced by an instrument, to that instrument.
2. For the purposes of subsection (2), the Annex is modified where
   1. omissions, additions or other alterations to the text take effect in accordance with Article VII of the Convention; or
   2. a supplementary provision made under Article VII of the Convention takes effect.
3. A modification or replacement of the Annex shall come into force in

accordance with Article VII(3) of the Convention.

Convention to have force of law

3.(1)

Subject to this Act, the Convention set out in the Second Schedule,

with the exception of standard 7.4, shall have the force of law in Barbados.

(2) In the event of any inconsistency between this Act and the Convention, the

Convention shall prevail to the extent of the inconsistency.

Application of Act

4.(1)

(a)

(b)

This Act shall apply to all passenger ships and cargo ships that are

of coastal and non-coastal States, the Governments of which are party to the Convention; and

above 150 gross tons.

(2) This Act shall not apply to a passenger or cargo ship that is 150 gross tons

or below.

PART II ADMINISTRATION

Establishment of National Maritime Transport Facilitation Programme

5.(1)

There is established a Programme to be known as the National

Maritime Transport Facilitation Programme for the adoption of measures under the Convention to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.

1. The Programme shall
   1. set the standards for the formalities, documentary requirements and procedures which should be applied on the arrival, stay and departure of a ship entering or leaving the Port, in relation to:
      1. the ship;
      2. the crew and passengers;
      3. baggage and cargo;
      4. freight containers;
      5. goods;
      6. postal parcels; and
      7. human remains;
   2. harmonize the formalities, documentary requirements and procedures set out in the Health Services Act, Cap. 44, the Quarantine Act, Cap. 53, the Quarantine (Maritime) Regulations (S.I. 1947 No. 38) and any enactments governing the customs system and immigration system in Barbados with the standards set out under paragraph (a) for the safe arrival, stay and departure of a ship into and from the Port;
   3. create a paperless system for the exchange of information, including the electronic data interchange for the transmission of information relating to maritime transport; and
   4. prevent unnecessary delays to ships, persons and property on board ships while in the Port.

Establishment of National Maritime Transport Facilitation Committee

6.(1)

There is established a Committee to be known as the National

Maritime Transport Facilitation Committee.

1. The Committee shall develop the Programme established under section 5to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.
2. The First Schedule shall have effect with respect to the constitution of theCommittee and otherwise in relation thereto.
   Functions of Committee7.(a)
   (b)
   (c)
   (d)(e)The functions of the Committee are as follows:to implement and enforce national policies and enactments on the facilitation of international maritime traffic in accordance with the Programme established under section 5;to develop and maintain technological and administrative systems to support a Maritime Single Window;to supervise and regulate the operations of the Maritime Single Window in accordance with international best practices;to advise the Minister on matters relating to this Act; andto do such other things as are necessary to effectively carry out the purposes of this Act.
   Functions of the Barbados Port Inc.8.(1)The Barbados Port Inc. shall implement the Programme to facilitateand expedite the clearance of international maritime traffic by
   1. establishing and upgrading from time to time a maritime single window at the Port;
   2. establishing and maintaining a monitoring, review and evaluation mechanism to ensure that procedures are simplified and that administrative burdens are reduced for ships engaged in international voyages, arriving to, staying in and departing from the Port;
   3. applying the principles of efficiency, security and convenience;
   4. treating humanely and protecting passengers, crew, seafarers and stowaways who are on board a ship engaged in an international voyage arriving to, stayin g in and departing from the Port;
   5. providing training for port authorities to operate the maritime single window to ensure that international ships comply with the requirements under this Act; and
   6. to do such other things as are necessary to effectively carry out the purposes of this Act.
3. The Chief Executive Officer of the Barbados Port Inc. shall be responsiblefor the general administration of this Act.
   PART III
   ARRIVAL, STAY AND DEPARTURE OF SHIPS
   Establishment of Maritime Single Window
   1. There is established a Maritime Single Window for Barbados tofacilitate and expedite the clearance of international maritime traffic which arrives in Barbados from a port outside Barbados or departs from Barbados for a port outside Barbados.
      Documents to be submitted through Maritime Single Window10.(1)All documents relating to the arrival, stay and departure of a shipwhich intends to come to Barbados from a port outside Barbados or depart from Barbados for a port outside Barbados shall be submitted in an electronic format, correct in all particulars to
      1. the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer and Chief Environmental Health Officer through the Maritime Single Window; and
      2. the Chief Operations Officer of JRCC through Electronic Manifest Management ASYCUDA.
   1. The Chief Operations Officer of JRCC shall submit the documentsreceived in accordance with paragraph (b) of subsection (1) to the Chief Immigration Officer and Comptroller of Customs through the Maritime Single Window.
   2. All documents submitted through the Maritime Single Window shall besigned and dated by
      1. the ship owner, ship agent or master;
      2. a person authorized by the ship owner; or
      3. a person approved by the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of the JRCC depending on the document to be submitted through the Maritime Single Window.

Documents pre-arrival

11.(1)

The ship owner, ship agent or master of every ship which intends to

come to Barbados from a port outside Barbados and proposing to call at the Port,

1. shall submit in the form set out in the Convention in the Second Schedule, the following documents through the Maritime Single Window:
   1. a General Declaration set out in Form 1;
   2. a Cargo Declaration set out in Form 2 or a copy of the ship’s manifest where the manifest contains the information required in the Cargo Declaration;
   3. a Ship’s Stores Declaration set out in Form 3;
   4. a Crew’s Effects Declaration set out in Form 4;
   5. a Crew List set out in Form 5;
   6. a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;
   7. a Dangerous Goods Manifest set out in Form 7;
2. shall submit in the form set out in Part A of the Third Schedule the following documents through the Maritime Single Window:(iii)
   (iv)(v)(vi)
   (vii)(viii)
   (ix)
   (x)
   (xii)Advanced Notification Form for Waste Delivery to Port Reception Facilities set out in Form 1;a List of Ports of Call set out in Form 2;a Maritime Declaration of Health set out in Form 3;an International Certificate of Vaccination or Prophylaxis set out in Form 4;a Yellow Fever Vaccination List set out in Form 5;Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6;a Ship Sanitation Control Exemption Certificate & Ship Sanitation Control Certificate set out in Form 7;a Letter Bill – Bulk Mail under the Universal Postal Convention set out in Form 8; andShip Particulars set out in Form 9; and
3. shall submit in the form set out in Part B of the Third Schedule the following documents through Electronic Manifest Management ASYCUDA:
   1. Advanced Passenger Information set out in Form 1; and
   2. Advanced Cargo Information set out in Form 2;
4. shall, where there are stowaways on board the ship, submit the details of the stowaway in the form set out in Part B of the Fourth Schedule.

1. In the case of a ship arriving from within the domestic space the documentsreferred to in subsection (1) shall be submitted one hour in advance of the arrival of the ship.
2. In the case of a ship arriving from outside the domestic space, thedocuments referred to in subsection (1) shall be submitted 24 hours in advance of the arrival of the ship.
3. A ship owner, ship agent or master who does not submit the documentsreferred to in subsection (1) in an electronic format through the Maritime Single Window may, for a period of 12 months after the coming into force of this Act, submit the documents referred to in paragraph (a) and (b)(v) and (viii) of subsection (1) in original hard copy as follows:(a)(b)(c)(d)(e)(f)(g)(h)(i)five copies of the General Declaration; four copies of the Cargo Declaration;four copies of the Ship Stores Declaration; two copies of the Crew Effects Declaration; four copies of the Crew List;four copies of the Passenger List;one copy of the Dangerous Goods Manifest;one copy of the Maritime Declaration of Health; andone copy of security-related information as required under SOLAS regulation XI-2/9.2.2.
4. Notwithstanding section 10, a ship owner, ship agent or master shall submitthe documents referred to in paragraph (a) of subsection (1) in original hard copy, in circumstances resulting from acts beyond the reasonable control of the Barbados Port Inc. which prevents the electronic submission of documents.
5. The Fifth Schedule sets out the officer to whom the documents shall besubmitted through the Maritime Single Window.
6. Every document that is submitted through the Maritime Single Windowshall be retrieved, signed and dated by the respective officer in order to facilitate and expedite the clearance of a ship.
   Provisional clearance of ship intending to arrive12.(1)Every ship owner, ship agent or master who submits the documentsin accordance with section 11 shall be issued a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule as follows:
   1. in the case of a ship arriving from within the domestic space, 12 hours in advance of the arrival of the ship in Barbados; and
   2. in the case of a ship arriving from outside the domestic space 24 hours in advance of the arrival of the ship in Barbados.
7. Where a ship owner, ship agent or master does not receive a ProvisionalCertificate of Clearance on Pre-Arrival in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 11, a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule shall be issued immediately on arrival in Barbados.
   Documents on arrival
   1. Where a ship owner, ship agent or master submits documents inaccordance with section 11 and the information submitted is no longer accurate because there is a change in the circumstances on the ship, the ship owner, ship agent or master shall resubmit the document to which the change is to be made through the Maritime Single Window on arrival in Barbados, without incurring a penalty.
      Final clearance of ship on arrival
   2. The ship owner, ship agent or master who submits documents inaccordance with section 11 shall be issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule after the ship arrives in Barbados and is inspected by
      1. a customs officer;
      2. an immigration officer; and
      3. an environmental health officer.
   
   Ship arriving for medical emergency15.(1)Where a ship arrives in Barbados from a port outside Barbados for thepurpose of bringing ashore
   1. a sick or an injured passenger or crew member;
   2. a person rescued at sea;
   3. any other person who requires emergency medical treatment; or
   4. a person who requires treatment against
      1. a notifiable disease set out in the First Schedule to the Health Services (Communicable and Notifiable Diseases)Regulations (S.I. 1969 No. 179); or
      2. a public health emergency of international concern,
   the ship owner, ship agent or master shall submit the documents set out in subsection (2).
   1. In accordance with subsection (1), the ship owner, ship agent or mastershall submit the following documents through the Maritime Single Window:
      1. Crew List set out in Form 5 of the Convention in the Second Schedule;
      2. Passenger List set out in Form 6 of the Convention in the Second Schedule or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;
      3. Maritime Declaration of Health set out in Form 3 in Part A of the Third Schedule; and
      4. International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule.

Documents pre-departure

1. The ship owner, ship agent or master of every ship which intends todepart from a port in Barbados shall submit a Notice of Intended Departure in the form set out in the Seventh Schedule as follows:
   1. in the case of a ship departing to a port within the domestic space, 30 minutes in advance of the departure of the ship; and
   2. in the case of a ship departing to a port outside the domestic space, no less than 30 minutes or more than 4 hours in advance of the departure of the ship.

Provisional clearance on intended departure

17.(1)

A ship owner, ship agent or master of a ship who submits a Notice of

Intended Departure, in the form set out in the Seventh Schedule, in accordance with section 16 shall be issued a Provisional Certificate of Clearance on Departure in the form set out in Part A of the Eighth Schedule 3 hours prior to the departure of the ship.

(2) Where a ship owner, ship agent or master does not receive a Provisional

Certificate of Clearance on Departure in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 16, a Provisional Certificate of Clearance on Departure shall be issued immediately.

Documents on departure

1. When a ship departs from Barbados for a port outside Barbados, theship owner or ship agent shall submit through the Maritime Single Window the following documents set out in the Convention in the Second Schedule:
   1. a General Declaration set out in Form 1;
   2. a Cargo Declaration set out in Form 2, for cargo which was not the subject of a declaration when the ship arrived in Barbados;
   3. a Ship’s Stores Declaration set out in Form 3, for ship stores which were not the subject of a declaration when the ship arrived in Barbados; and
   4. a Crew List set out in Form 5, where there is a change in the number or the composition of the crew that arrived in Barbados.
      Final clearance of ship on departure
2. The ship owner, ship agent or master who submits documents inaccordance with section 18 shall be issued a Final Certificate of Clearance on Departure in the form set out in Part B of the Eighth Schedule after the ship has been inspected by
   1. a customs officer;
   2. an immigration officer; and
   3. an environmental health officer.

Failure to submit pre-arrival and pre-departure documents

20.(1)

A ship owner, ship agent or master who fails to submit a document

required under section 11 or 16 shall submit that document immediately on arrival or departure and the ship owner, ship agent or master is liable to pay the administrative penalty set out in subsections (2) and (3) to the officer specified

in the Ninth Schedule for each document that should have been submitted in advance of the arrival or departure of the ship.

1. Where a ship owner, ship agent or master fails to submit
   1. a Maritime Declaration of Health set out in Form 3 in Part A of theThird Schedule;
   2. Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule;
   3. Advanced Passenger Information set out in Form 1 in Part B of the Third Schedule; or
   4. Advanced Cargo Information set out in Form 2 in Part B of the Third Schedule,the administrative penalty shall not exceed $200 000.
2. Where a ship owner, ship agent or master fails to submit any other

document, the administrative penalty shall not exceed $150 000.

Request for additional documents

1. The Chief Executive Officer of the Port, Chief Immigration Officer,Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of JRCC may, where necessary, request a ship owner, ship agent or master to submit documents in addition to those submitted under section 11, 13 and 16.
   Documents to be signed
2. Where a document to be submitted through the Maritime SingleWindow is to be signed, that signature shall be in accordance with subsection (1) of section 8 of the Electronic Transactions Act, Cap. 308B.
   Correction of errors23.(1)Where the ship owner, ship agent or master submits a documentthrough the Maritime Single Window that is not correct in all particulars and the ship owner, ship agent or master can show that the error in the particulars
   1. was inadvertent;
   2. was not of a serious nature;
   3. was not due to recurrent carelessness; and
   4. was not made to violate any

the ship owner, ship agent or master may amend the document and resubmit that document through the Maritime Single Window.

1. Where the ship owner, ship agent or master submits a document specifiedin the Ninth Schedule through the Maritime Single Window that is not correct in all particulars and it is found that the error in the particulars
   1. was intentional;
   2. was of a serious nature;
   3. was due to recurrent carelessness; and
   4. was made to violate any enactment,

the ship owner, ship agent or master is liable to pay a fine of $200 for each error that is contained in the document.

PART IV

ARRIVAL AND DEPARTURE OF CRUISE SHIPS

Arrival of a cruise ship

1. Sections 11, 12 and 14 shall apply to a cruise ship which arrives inBarbados from a port outside Barbados.
   Documents on arrival of a cruise ship
2. Notwithstanding subsection (1) of section 11, when a cruise shiparrives in Barbados from a port outside Barbados, the ship owner, ship agent or master of that ship
   1. shall submit the following documents set out in the Convention in theSecond Schedule through the Maritime Single Window:
      1. a General Declaration set out in Form 1;
      2. a Ship’s Stores Declaration set out in Form 3;
      3. a Crew’s Effects Declaration set out in Form 4
      4. a Crew List set out in Form 5;
      5. a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List, and
   2. shall submit the following documents set out in Part A of the Third Schedule through the Maritime Single Window:
      1. a List of Ports of Call set out in Form 2; and
      2. a Maritime Declaration of Health set out in Form 3.
         Documents on departure of a cruise ship
3. Notwithstanding section 18, when a ship is scheduled to depart fromBarbados for a port outside Barbados and Barbados is the first port of departure, the ship owner, ship agent or master shall submit through the Maritime Single Window, the following documents set out in the Convention in the Second Schedule:
   1. a General Declaration set out in Form 1;
   2. a Crew List in Form 5; and
   3. a Passenger List in Form 6, or a list compiled by the owner of the ship where that list contains the information required in the Passenger List.
      PART V
      ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS
      Final Certificate of Clearance to be issued before disembarking ship
4. No passenger or crew member shall disembark a ship including acruise ship which arrives in Barbados from a port outside Barbados unless that ship has been issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule.
   Documents required from passengers on arrival
5. When a Final Certificate of Clearance on Arrival in the form set outin Part B of the Sixth Schedule has been issued, a passenger who seeks to enter Barbados from a port outside Barbados must be the holder of a passport.
   Documents required from crew members on arrival
6. When a Final Certificate of Clearance on Arrival in the form set outin Part B of the Sixth Schedule has been issued, a crew member who seeks to
   enter Barbados from a port outside Barbados must be the holder of one of the following:
   1. a passport; or
   2. a Seafarers’ Identity Document.
      Passengers and crew members arriving without documents
7. A passenger or crew member who seeks to enter Barbados and is notthe holder of a passport or Seafarers’ Identity Document shall not be permitted to enter unless he
   1. explains to an immigration officer why he is not the holder of a passport or Seafarers’ Identity Document; and
   2. establishes his identity and national status to the satisfaction of the immigration officer.

Shore Leave

31.(1)

When a ship arrives in Barbados from a port outside Barbados and

remains in the Port, the master of the ship shall grant shore leave to those crew members who are entitled to shore leave while the ship is in the Port.

1. A crew member shall not require a visa or special permit for the purposeof shore leave granted in accordance with subsection (1).
2. Where shore leave has not been granted in accordance with subsection (1),the master of the ship shall provide written reasons to
   1. the crew member whose shore leave was denied; and
   2. the Chief Executive Officer of the Port.

Documents required from passengers and crew members on departure

1. Sections 29 and 30 shall apply to a passenger or crew member whoseeks to depart from Barbados for a port outside Barbados.
   Improper documents
2. Where a passenger or crew member seeking to enter Barbados froma port outside Barbados, or depart from Barbados for a port outside Barbados
   1. fabricates or falsifies any passport, identity document, seafarers’ document or other document; or
   2. uses, utters or possesses, or attempts to use, utter or possess,
      1. any passport, identity document, seafarers’ identity document or other document which has not been lawfully issued or which he is not entitled to use, utter or possess; or
      2. any fabricated or falsified passport, identity document, seafarers’ identity document or other document knowing the same to be fabricated or falsified,that passenger or crew member is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for 12 months or both.
         PART VI STOWAWAYSIncidences of stowaways and attempted stowaways to be reported34.(1)When a ship arrives in Barbados from a port outside Barbados and astowaway is discovered on board the ship, the ship owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police in the form set out in Part B of the Fourth Schedule.(2) When a ship is scheduled to depart from Barbados for a port outsideBarbados and an attempted stowaway is discovered on board the ship, the ship
         owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police.
         Ship owner to defray cost of maintaining stowaway
         1. Where the ship owner, ship agent or master has reported the discoveryof a stowaway or attempted stowaway in accordance with section 34 and the stowaway or attempted stowaway disembarks the ship and is taken into the custody of the Chief Immigration Officer, the ship owner shall be responsible for the cost of maintaining the stowaway or attempted stowaway.
            Treatment of stowaways
         2. The conditions governing the detention, return and repatriation of anattempted stowaway or a stowaway are set out in Part A of the Fourth Schedule.
            PART VII OFFENCES AND PENALTIESOffences relating to the submission of false documents37.(1)(a)
            (b)A ship owner, ship agent or master whosubmits a false Crew’s Effects Declaration set out in Form 4 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;submits a false
            1. General Declaration set out in Form 1 of the Convention in theSecond Schedule;
            2. Cargo Declaration set out in Form 2 of the Convention in theSecond Schedule or a false copy of the ship’s Manifest;
            3. Ship’s Store Declaration set out in Form 3 of the Convention in the Second Schedule;
            4. Crew List set out in Form 5 of the Convention in the Second Schedule; or
            5. Passenger List set out in Form 6 of the Convention in the Second Schedule or a false copy of a compilation listing the passengers on board the ship,
         is guilty of an offence and is liable on summary conviction to a fine of $100 000; or
   3. submits a false Dangerous Goods Manifest set out in Form 7 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $2 000 000.
3. A ship owner, ship agent or master who
   1. submits a false Letter Bill – Bulk Mail under the Universal Postal Convention set out in Form 8 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;
   2. submits a false Ship Sanitation Control Exemption Certificate and Ship Sanitation Control Certificate set out in Form 7 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $1 000 000; or
   3. submits a false
      1. Maritime Declaration of Health set out in Form 3 in Part A of theThird Schedule;
      2. security information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule; or
      3. International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule

is guilty of an offence and is liable on summary conviction to a fine of

$2 000 000.

PART VIII MISCELLANEOUS

Settlement of disputes

38. In the case of a dispute between the ship owner, ship agent or master

and the Barbados Port Inc., the parties shall consult together with a view to the settlement of the dispute by mediation.

Regulations

39.

Act.

The Minister may make regulations generally for giving effect to this

Amendment of Schedules

1. The Minister may by order amend the First Schedule, ThirdSchedule, Fifth Schedule, Sixth Schedule, Seventh Schedule, Eighth Schedule andNinth Schedule.
   Consequential amendments
2. The enactments set out in the first column of the Tenth Schedule areamended in the manner set out opposite thereto in the second column.
   Commencement
3. This Act shall come into operation on a date to be fixed byProclamation.
   FIRST SCHEDULE
   (Section 2 and 6(3))National Maritime Transport Facilitation Committee
   Appointment of members1.(1)
   (a)The Committee shall comprise of 13 members as follows: three representatives from the Barbados Port Inc.;
   1. one representative from Port Security;
   2. one representative from the Port Information Technology Department;
   3. one representative from the Port Corporate Department;

1. two representatives from Port Health;
2. two representatives from the Customs Department;
3. two representatives from the Immigration Department;
4. one representative from a cruise tour operator organization;
5. one representative from a local shipping company;
6. two persons appointed by the Minister as follows:
   1. one person who appears to the Minister to be qualified and experienced in economics, accounts, finance, tax, law, public administration or business or such other area as, in the opinion of the Minister, is required for the discharge of the functions of the Board; and
   2. one person nominated by the most representative organisation of employees from among its members.

1. A member shall subject to the provisions of this Schedule
   1. hold office for a term not exceeding 3 years; and
   2. be eligible for reappointment.
2. The Minister shall, pursuant to subparagraph (3), determine the term of

office of a member in such a manner that in any one year the respective terms of office of no more than 3 members expire.

Chairman and Deputy Chairman

2. The Minister shall appoint a member to be Chairman, and another to

be Deputy Chairman, of the Committee.

Resignation

3.(1)

The Chairman may resign his office by instrument in writing

addressed to the Minister.

1. A director, other than the Chairman, may resign his office by instrumentin writing addressed to the Chairman, who shall forthwith forward the instrument to the Minister.
2. A resignation takes effect from the date on which the Minister receives the

instrument.

Temporary leave of absence

1. The Minister may, in writing, grant leave of absence to a member.
   Temporary appointment
2. Where a member is, or is likely to be, unable to perform the functionsof his office for more than 30 days, whether as a result of absence from Barbados, illness or other cause, the Minister may appoint a person to act in the place of the member.
   Revocation of appointment6.(a)(b)
   (c)
   (d)(e)
   (f)The Minister shall revoke the appointment of a member who fails to carry out any of his functions under this Act;becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health;is convicted of an offence involving fraud or dishonesty or, in the case of any other offence, is sentenced to a term of imprisonment;is guilty of serious misconduct in relation to his functions;is bankrupt or compounds with or suspends payment to his creditors; orfails to declare his interest in a matter before the Committee.
   Vacancies 7.(1)
   A vacancy in the membership of the Committee arises on
   1. the death or resignation of a member;
   2. the revocation of the appointment of a member; or
   3. the absence of a member from 4 consecutive meetings of the Committee without the approval of the Minister.

(2) A person who is appointed to fill a vacancy referred to in subparagraph (1)

shall hold office only for the unexpired portion of the term of the former member concerned.

Disqualification

8.

(a)

A person who

is a member of Parliament;

1. other than a person specified in paragraph 1(a)(ii) or (iii), is a public officer within the meaning of the Public Service Act, Cap. 29; or
2. were he a member, would have to be removed from office pursuant to paragraph 6,

is not eligible to be a member.

Gazetting of appointments

1. The appointment, resignation, death or removal of a member of theCommittee shall be notified in the Official Gazette.
   Seal and execution of documents10.(1)(a)
   (b)The seal of the Committee shall bekept in the custody of the Chairman, the Deputy Chairman or the person performing the functions of secretary to the Committee and may be affixed to documents or instruments pursuant to a resolution of the Committee, in the presence of any 2 of the persons referred to in this subparagraph; andauthenticated by the signature of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.(2) All documents or instruments made by the Committee, other than thoserequired by law to be under seal, and all decisions of the Committee shall be signified under the hand of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.
   Meetings11.(1)
   The Committee shall meet quarterly or as often as may be necessaryor expedient for the transaction of its business; and such meetings shall be held at such places and times and on such days as the Committee may determine.
   1. The Chairman, or in the event of his absence from Barbados or inabilityto act as such, the Deputy Chairman, may at any time call a special meeting of
      the Committee and shall call such a meeting within 7 days of the receipt by him of a request for the purpose addressed to him in writing and signed by not less than 3 members.
   2. The Chairman, or in his absence, the Deputy Chairman, shall preside at allmeetings of the Committee.
   3. Where the Chairman and the Deputy Chairman are absent from a meeting,the directors present shall elect a director from among their number to preside at the meeting.
   4. Five members shall constitute a quorum.
   5. The decisions of the Committee shall be by a majority of votes and in acase where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.
   6. Minutes of each meeting shall be kept by the person performing the
   functions of secretary to the Committee or by such other officer as the Committee appoints for the purpose and shall be confirmed by the Committee and signed by the Chairman or Deputy Chairman at the next meeting of the Committee.
   Attendance of non-members at meetings
   1. The Committee may invite any person to attend any of its meetings toassist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.
      Board may regulate proceedings
   2. Subject to the provisions of this Schedule, the Committee may regulate

its own proceedings.

SECOND SCHEDULE

(Sections 2, 3(1), 11(1)(a), 15, 18, 25, 26, 37(1))

1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)

Adopted in London, England on 9 April 1965

THE CONTRACTING GOVERNMENTS:

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

HAVE AGREED as follows:

ARTICLE I

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

ARTICLE II

1. The Contracting Governments undertake to co-operate, in accordance with the provisions of the present Convention, in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships. Such measures shall be, to the fullest extent practicable, not less favourable than measures applied in respect of other means of international transport; however, these measures may differ according to particular requirements.
2. The measures for the facilitation of international maritime traffic provided for under the present Convention and its Annex apply equally to the ships of coastal and non-coastal States the Governments of which are Parties to the present Convention.
3. The provisions of the present Convention do not apply to warships or pleasure yachts.
   
   The Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in formalities, documentary requirements and procedures in all matters in which such uniformity will facilitate and improve international maritime traffic and keep to a minimum any alterations in formalities, documentary requirements and procedures necessary to meet special requirements of a domestic nature.
   ARTICLE IV
   With a view to achieving the ends set forth in the preceding Articles of the present Convention, the Contracting Governments undertake to co-operate with each other or through the Inter- Governmental Maritime Consultative Organization (hereinafter called the “Organization”) in matters relating to formalities, documentary requirements and procedures, as well as their application to international maritime traffic.
   ARTICLE V
   1. Nothing in the present Convention or its Annex shall be interpreted as preventing the application of any wider facilities which a Contracting Government grants or may grant in future in respect of international maritime traffic under its national laws or the provisions of any other international agreement.
   2. Nothing in the present Convention or its Annex shall be interpreted as precluding a Contracting Government from applying temporary measures considered by that Government to be necessary to preserve public morality, order and security or to prevent the introduction or spread of diseases or pests affecting public health, animals or plants.
   3. All matters that are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.
      ARTICLE VI
      For the purposes of the present Convention and its Annex:
      1. “Standards” are those measures the uniform application of which by Contracting Governments in accordance with the Convention is necessary and practicable in order to facilitate international maritime traffic;
      2. “Recommended Practices” are those measures the application of which by Contracting Governments is desirable in order to facilitate international maritime traffic.
         ARTICLE VII
         1. The Annex to the present Convention may be amended by the Contracting Governments, either at the proposal of one of them or by a conference convened for that purpose.
         2. Any Contracting Government may propose an amendment to the Annex by forwarding a draft amendment to the Secretary-General of the Organization (hererinafter called the “Secretary- General”):
            1. Upon the express request of a Contracting Government, the Secretary-General shall communicate any such proposal directly to all Contracting Governments for their consideration and acceptance. If he receives no such express request, the Secretary- General may proceed to such consultations as he deems advisable before communicating the proposal to the Contracting Governments;
            2. Each Contracting Government shall notify the Secretary-General within one year from the receipt of any such communication whether or not it accepts the proposal;
            3. Any such notification shall be made in writing to the Secretary-General who shall inform all Contracting Governments of its receipt;
            4. Any amendment to the Annex under this paragraph shall enter into force six months after the date on which the amendment is accepted by a majority of the Contracting Governments;
            5. The Secretary-General shall inform all Contracting Governments of any amendment which enters into force under this paragraph, together with the date on which such amendment shall enter into force.
         3. A conference of the Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General upon the request of at least one-third of these Governments. Every amendment adopted by such 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 amendment adopted.
         4. The Secretary-General shall notify promptly all signatory Governments of the adoption and entry into force of any amendment under this Article.
         1. Any Contracting Government that finds it impracticable to comply with any Standard by bringing its own formalities, documentary requirements or procedures into full accord with it or which deems it necessary for special reasons to adopt formalities, documentary requirements or procedures differing from that Standard, shall so inform the Secretary-General and notify him of the differences between its own practice and such Standard. Such notification shall be made as soon as possible after entry into force of the present Convention for the Government concerned, or after the adoption of such differing formalities, documentary requirements or procedures.
         2. Notification by a Contracting Government of any such difference in the case of an amendment to a Standard or of a newly adopted Standard shall be made 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 differing formalities, documentary requirements or procedures and may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into full accord with the amended or newly adopted Standard.
         3. Contracting Governments are urged to bring their formalities, documentary requirements and procedures into accord with the Recommended Practices insofar as practicable. As soon as any Contracting Government brings its own formalities, documentary requirements and procedures into accord with any Recommended Practice, it shall notify the Secretary-General thereof.
         4. The Secretary-General shall inform the Contracting Governments of any notification made to him in accordance with the preceding paragraphs of this Article.
         
         ARTICLE IX
         The Secretary-General shall convene a conference of the Contracting Governments for revision or amendment of the present Convention at the request of not less than one-third of the Contracting Governments. Any revision or amendments shall be adopted by a two-thirds majority vote of the Conference and then certified and communicated by the Secretary-General to all Contracting Governments for their acceptance. One year after the acceptance of the revision or amendments by two-thirds of the Contracting Governments, each revision or amendment shall enter into force for all Contracting Governments except those which, before its entry into force, make a declaration that they do not accept the revision or amendment. The Conference may by a two- thirds majority vote determine at the time of its adoption that a revision or amendment is of such a nature that any Contracting Government which has made such a declaration and which does not accept the revision or amendment within a period of one year after the revision or amendment enters into force shall, upon the expiration of this period, cease to be a party to the Convention.
         1. The present Convention shall remain open for signature for six months from this day’s date and shall thereafter remain open for accession.
         2. The Governments of States Members of the United Nations, or of any of the specialized agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to the present Convention by:
            1. signature without reservation as to acceptance;
            2. signature with reservation as to acceptance followed by acceptance; or
            3. accession.
               Acceptance or accession shall be effected by the deposit of an instrument with the Secretary- General.
         3. The Government of any State not entitled to become a Party under paragraph 2 of this Article may apply through the Secretary-General to become a Party and shall be admitted as a Party in accordance with paragraph 2, provided that its application has been approved by two-thirds of the Members of the Organization other than Associate Members.
         
         ARTICLE XI
         The present Convention shall enter into force sixty days after the date upon which the Governments of at least ten States have either signed it without reservation as to acceptance or have deposited instruments of acceptance or accession. It shall enter into force for a Government which subsequently accepts it or accedes to it sixty days after the deposit of the instrument of acceptance or accession.
         ARTICLE XII
         Three years after entry into force of the present Convention with respect to a Contracting Government, such Government may denounce it by notification in writing addressed to the Secretary- General who shall notify all Contracting Governments of the content and date of receipt of any such notification. Such denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General.
         1. (a) The United Nations in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory, and may at any time by notification in writing given to the Secretary-General declare that the Convention shall extend to such territory.
            1. The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.
            2. The provisions of Article VIII of the present Convention shall apply to any territory to which the Convention is extended in accordance with the present Article; for this purpose, the expression “its own formalities, documentary requirements or procedures” shall include those in force in that territory.
            3. The present Convention shall cease to extend to any territory one year after the receipt by the Secretary-General of a notification to this effect, or on such later date as may be specified therein.
4. The Secretary-General shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph 1 of this Article, stating in each case the date from which the Convention has been so extended.
   ARTICLE XIV
   The Secretary-General shall inform all signatory Governments, all Contracting Governments and all Members of the Organization of:
   1. the signatures affixed to the present Convention and the dates thereof;
   2. the deposit of instruments of acceptance and accession together with the dates of their deposit;
   3. the date on which the Convention enters into force in accordance with Article XI;
   4. any notification received in accordance with Articles XII and XIII and the date thereof;
   5. the convening of any conference under Articles VII or IX.

The present Convention and its Annex shall be deposited with the Secretary-General who shall transmit certified copies thereof to signatory Governments and to acceding Governments. As soon as the present Convention enters into force, it shall be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XVI

The present Convention and its Annex shall be established in the English and French languages, both texts being equally authentic. Official translations shall be prepared in the Russian and Spanish languages and shall be deposited with the signed originals.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE at London this ninth day of April 1965.

ANNEX

Section 1 – Definitions and general provisions

1. Definitions
   For the purpose of the provisions of this annex, the following meanings shall be attributed to the terms listed:
   Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.
   Cargo. Any goods, wares, merchandise, and articles of every kind whatsoever carried on a ship, other than mail, ship’s stores, ship’s spare parts, ship’s equipment, cargo transport units not carried under a contract of carriage with a shipper, crew’s effects and passengers’ accompanied baggage.
   Cargo transport unit (CTU). A freight container, swap-body, vehicle, railway wagon or any other similar unit.
   Clearance. Accomplishment of customs and/or other formalities necessary to:
   1. Permit goods to enter home use, to be exported or to be placed under another customs procedure (so called customs clearance),
   2. Permit persons to enter the territory of a State, or
   3. Permit a ship to enter or depart a port within the territory of a State.

Crew’s effects. Clothing, items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship.

Crew member. Any person actually employed for duties on board during a voyage in the working or service of a ship and included in the crew list.

Cruise ship. A ship on an international voyage carrying passengers participating in a group programme and accommodated aboard, for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally:

1. embark or disembark any other passengers;
2. load or discharge any cargo.

Document. Information presenting data by electronic means or by non-electronic means.

Estimated time of arrival (ETA). Time when a ship estimates it will arrive at the pilot station serving a port or, when it expects to enter a specific location in the port area, where port regulations apply.

Freight container. An article of transport equipment that is of a permanent character and accordingly strong enough to be suitable for repeated use; specially designed to facilitate the transport of goods, by one or other modes of transport, without intermediate reloading: designed to be secured and/or readily handled, having fittings for these purposes, and approved in accordance with the International Convention for Safe Containers (CSC), 1972, as amended. The term “freight container” includes neither vehicle nor packaging; however a freight container that is carried on a chassis is included.

ISPS Code. The “International Ship and Port Facility Security (ISPS) Code” adopted on 12 December 2002 by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as may be amended by the Organization.

Manifest. Document recapitulating the various data from bills of lading and other transport documents issued for the carriage of goods on board ships.

Master. The person having command of a ship.

Passenger in transit. A passenger who arrives by ship from a foreign country for the purpose of continuing his/her journey by ship or some other means of transport to a foreign country.

Passengers’ accompanied baggage. Property, which may include currency, carried for a passenger on the same ship as the passenger, whether in his/her personal possession or not, so long as it is not carried under a contract of carriage of goods or other similar agreement.

Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships, or any other place at which a ship can call.

Postal items. Correspondence and other objects tendered to be carried by a ship for carriage by postal administrations and intended for delivery to postal administrations in the ship’s ports of call.

Public authorities. The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the Standards and Recommended Practices contained in this annex.

Release. Action taken by customs authorities to permit goods undergoing clearance to be placed at the disposal of the persons concerned.

Security measures. Measures developed and implemented in accordance with international agreements to improve security on board ships, in port areas, facilities and of goods moving in the international supply chain to detect and prevent unlawful acts.

Ship agent. The party representing the ship’s owner and/or charterer (the Principal) in port. If so instructed, the agent is responsible to the Principal for arranging, together with the port, a berth, all relevant port and husbandry services, tending to the requirements of the master and crew, clearing the ship with the port and other authorities (including preparation and submission of appropriate documentation) along with releasing or receiving cargo on behalf of the Principal.

Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person other than the ship agent acting on behalf of the owner or operator.

Ship’s documents. Certificates and other documents which must be made available by a ship’s master in order to demonstrate the ship’s compliance with international or national regulations.

Ship’s equipment. Articles, other than ship’s spare parts, on board a ship for use thereon, which are removable but not of a consumable nature, including accessories such as lifeboats, life-saving devices, furniture, ship’s apparel and similar items.

Ship’s spare parts. Articles of a repair or replacement nature for incorporation into the ship in which they are carried.

Ship’s stores. Goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants, but excluding ship’s equipment and ship’s spare parts.

Shipper. The party named on the bill of lading or waybill as shipper and/or who concludes a contract of carriage (or in whose name or on whose behalf a contract of carriage has been concluded) with a carrier. The shipper is known also as the sender.

Shore leave. Permission for a crew member to be ashore during the ship’s stay in port within such geographical or time limits, if any, as may be decided by the public authorities.

Single Window. A facility that allows submission of standardized information covered by the Convention to a single entry point.

Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.

Temporary admission. The customs procedure under which certain goods can be brought into a customs territory conditionally relieved, totally or partially, from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character; such goods must be imported for a specific purpose and must be intended for re-exportation within a specified period and without having undergone any change except normal depreciation owing to the use made of them.

Time of arrival. Time when a ship first comes to rest, whether at anchor or at a dock, in a port.

Transport document. Information evidencing a contract of carriage between a shipowner and a shipper, such as a sea waybill, a bill of lading or a multi-modal transport document.

B. General Provisions

In conjunction with paragraph 2 of article V of the Convention, the provisions of this annex shall not preclude public authorities from taking such appropriate measures, including calling for further information, as may be necessary in cases of suspected fraud, or to deal with special problems constituting a grave danger to public order (ordre public), public security or public health, such as unlawful acts against the safety of maritime traffic and illicit trafficking in narcotic drugs and psychotropic substances, or to prevent the introduction or spread of disease or pests affecting animals or plants.

1. Standard. Public authorities shall in all cases require only essential information tobe furnished, and shall keep the number of items to a minimum.
   1. Not in use.
2. Recommended Practice. Notwithstanding the fact that documents for certainpurposes may be separately prescribed and required in this annex, public authorities, bearing in mind the interests of those who are required to complete the documents as well as the purposes for which they are to be used, should provide for any two or more such documents that are to be submitted by the same party to be combined into one in any case in which this is practicable and in which an appreciable degree of facilitation would result.
3. Recommended Practice. Measures and procedures imposed by ContractingGovernments for the purposes of security or preventing the trafficking of narcotics should be efficient. Such measures and procedures (e.g. risk management and cross-checking of information) should be implemented in such a manner as to cause a minimum of interference with, and to prevent unnecessary delays to, ships and persons or property on board.
   C.
   1.3bis.Systems for the electronic exchange of information
   Standard. Public authorities shall take all necessary measures for the establishmentof systems for the electronic exchange of information by 8 April 2019.
   1.3ter.Standard. Public authorities, when introducing systems for the electronic exchangeof information to assist clearance processes, shall provide shipowners and other parties concerned with the necessary information about the systems requirements and give an adequate period of transition before the use of the systems are made mandatory. A period of no less than 12 months for transition to the mandatory use of the systems shall be provided from the date of the introduction of such systems.
   1.3quart.Recommended Practice. Public authorities should, for a transitional period, allowfor the submission of required information for clearance processes in both electronic and paper form.
   1.3quin.Recommended Practice. Contracting Governments should encourage publicauthorities to introduce arrangements to enable the submission of all the information required by public authorities in connection with the arrival, stay and departure of ships, persons and cargo, avoiding duplication, to a “Single Window”.
   Consideration should also be given to such a Single Window serving as the mechanism through which the public authorities communicate decisions and other information covered by this Convention.
4. Not in use.
5. Not in use.
6. Standard. Public authorities, when introducing systems for the electronic exchangeof information for clearance processes, shall limit the information they require from shipowners and other parties concerned to that required by the FAL Convention.
   1.6bis.Standard. When introducing systems for the electronic exchange of informationrequired by public authorities for the arrival, stay and departure of the ship, persons and cargo to facilitate clearance processes, Contracting Governments shall encourage public authorities and other parties concerned (shipowners, handling companies, seaports, and/or cargo agents, etc.) to exchange data in conformity with the relevant UN Standards, including UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) Standards, or other internationally agreed Standards, such as the XML Standard.
   1.6ter.Recommended Practice. When introducing new electronic message formats,public authorities should continue to allow for the usage of existing electronic message formats in agreement with the parties concerned.
7. Recommended Practice. When planning for, introducing or modifying systems for

the electronic exchange of information for clearance processes, public authorities should:

1. afford all interested parties, from the outset, the opportunity for consultation;
2. evaluate existing procedures and eliminate those which are unnecessary;
3. determine those procedures which are to be computerized;

(d)

(e)

(f)

(g)

1.7.1.

use United Nations (UN) Recommendations, WCO Information Packages and relevant ISO Standards to the maximum extent practicable;

adapt these systems for multimodal applications;

take appropriate steps to minimize the cost of implementing these systems to operators and other private parties; and

give attention to the desirability of obtaining compatibility with other relevant information systems.

Recommended Practice. Contracting Governments should encourage public

authorities and other parties concerned to cooperate or participate directly in the development of electronic systems using internationally agreed Standards with a view to enhancing the exchange of information relating to the arrival, stay and departure of ships, persons and cargo and assuring inter-operability between the systems of public authorities and other parties concerned.

1.8.

1.8.1. D.

1.9.

Not in use. Not in use.

Illicit drug trafficking

Recommended Practice. Public authorities should seek to establish cooperation

arrangements with shipowners and other parties concerned to improve their ability to combat drug smuggling, while providing enhanced facilitation. Such arrangements could be based on the World Customs Organization Memoranda of Understanding and the associated guidelines.

1.10. Standard. Where, as part of cooperation arrangements, public authorities,

shipowners, and other parties concerned are provided access to sensitive commercial and other information, the information shall be treated confidentially.

E.

1.11.

Control techniques.

Standard. Public authorities shall use risk management to enhance their border

control procedures related to:

the release/clearance of cargo; security requirements; and

their ability to target smuggling,

thereby facilitating the legitimate circulation of persons and goods.

Section 2 – Arrival, stay and departure of the ship

This section contains the provisions concerning the formalities required of shipowners by the public authorities on the arrival, stay and departure of the ship and shall not be read so as to preclude a requirement for the presentation, for inspection by the appropriate authorities, of certificates and other documents made available by the ship pertaining to its registry, measurement, safety, manning and other related matters.

A.

2.1.

General

Standard. Public authorities shall not require for their retention, on arrival or

departure of ships to which the Convention applies, any documents other than those covered by the present section. The documents in question are:

General Declaration Cargo Declaration

Ship’s Stores Declaration Crew’s Effects Declaration Crew List

Passenger List

Dangerous Goods Manifest

The document required under the Universal Postal Convention for mail Maritime Declaration of Health

Security-related information as required under SOLAS regulation XI-2/9.2.2 Advance electronic cargo information for customs risk assessment purposes

Advanced Notification Form for Waste Delivery to Port Reception Facilities, when communicated to the Organization.

1. Standard. Contracting Governments shall not require consular formalities, chargesor fees in connection with documents for the clearance of ships, including the electronic submission of documents.
2. Standard. Public authorities shall develop procedures for the lodgement of pre-arrival and pre-departure information in order to facilitate the processing of such information for the expedited subsequent release/clearance of cargo and persons.
3. Recommended Practice. National legislation should specify the conditions for thelodgement of pre-arrival and pre-departure information. With regard to the point in time of transmission of the pre-arrival information, it should not normally be set before the moment the ship has left the country of departure. However, national legislation could, in addition to the basic rule, also specify the exceptions from this principle where required, e.g. for voyages of short duration.
   2.1.3bis.Recommended Practice. Public authorities should, for the submission of advanceelectronic cargo information for customs risk assessment purposes, take into account the time limits specified in the WCO SAFE Framework of Standards.
4. Recommended Practice. Public authorities should not require the lodgement of aseparate General Declaration, Cargo Declaration, Crew List, Passenger List and Dangerous Goods Manifest if the data elements contained in these documents are included in the pre-arrival or pre-departure information or in the ship’s manifest.
5. Standard. Public authorities shall reuse the pre-arrival and pre-departure

information in subsequent procedures where such data is required.

B.

2.2.

Contents and purpose of documents

Standard. The General Declaration shall be the basic document on arrival and

departure providing data required by public authorities relating to the ship.

1. Recommended Practice. The same form of General Declaration should be acceptedfor both the arrival and the departure of the ship.
2. Recommended Practice. In the General Declaration, public authorities should notrequire more than the following data:name, type and IMO number of ship call signflag State of ship voyage number
   particulars regarding registry particulars regarding tonnage name of mastername and contact details of ship’s agent brief description of the cargonumber of crew number of passengersbrief particulars of voyagedate and time of arrival/departure port of arrival/departurethe ship’s requirements in terms of waste and residue reception facilities last port of call/next port of call.
3. Standard. Public authorities shall accept that the General Declaration is either dated

and signed by the master, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.

1. Standard. The Cargo Declaration shall be the basic document on arrival anddeparture providing data required by public authorities relating to the cargo. However, particulars of any dangerous cargo may also be required to be furnished separately.
   1. Recommended Practice. In the Cargo Declaration, public authorities should notrequire more than the following data:
      1. on arrivalname and IMO number of ship flag State of shipname of master voyage number port of loadingport where report is made
         
         (b)
         2.3.2.freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) codetransport document numbers for cargo to be discharged at the port in question ports at which cargo remaining on board will be dischargedoriginal ports of shipment in respect of goods shipped under multimodal transport documents or through bills of ladingon departurename and IMO number of ship flag State of shipname of master voyage number port of dischargein respect of goods loaded at the port in question: freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) codetransport document numbers for cargo loaded at the port in question.
         Standard. In respect of cargo remaining on board, public authorities shall requireonly brief details of the minimum essential items of information to be furnished.
         1. Standard. Public authorities shall accept that the Cargo Declaration is either datedand signed by the master, the shipowner issuing the transport document, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
         2. Standard. Public authorities shall accept in place of the Cargo Declaration a copyof the ship’s manifest provided it contains at least the information required in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 and is signed or authenticated, and dated, in accordance with Standard 2.3.3.
            1. Recommended Practice. As an alternative to Standard 2.3.4, public authorities may
         accept a copy of the transport document signed or authenticated in accordance with Standard 2.3.3, or certified as a true copy, if the nature and quantity of cargo make this practicable and
         provided that any data required and identified in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 which does not appear in such documents is also furnished elsewhere and duly certified.
         2.3.5. Standard. Public authorities shall allow unmanifested parcels in possession of themaster to be omitted from the Cargo Declaration provided that particulars of these parcels are furnished separately.
         1. Standard. The Ship’s Stores Declaration shall be the basic document on arrival anddeparture providing information required by public authorities relating to ship’s stores.
            1. Standard. Public authorities shall accept that the Ship’s Stores Declaration is eitherdated and signed by the master or by some other ship’s officer duly authorized by the master and having personal knowledge of the facts regarding the ship’s stores, or authenticated in a manner acceptable to the public authority concerned.
         2. Standard. The Crew’s Effects Declaration shall be the basic document providinginformation required by public authorities relating to crew’s effects. It shall not be required on departure.
            1. Standard. Public authorities shall accept that the Crew’s Effects Declaration iseither dated and signed by the master or by some other ship’s officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned. For the purpose of onboard verification, the public authorities may also require each crew member to sign or verify in a manner acceptable to the public authorities the declaration relating to his/her personal effects.
            2. Recommended Practice. Public authorities should normally require particulars ofonly those crew’s effects which would not qualify for relief from customs duties and taxes or which are subject to prohibitions or restrictions.
         3. Standard. The Crew List shall be the basic document required by public authoritiescontaining data relating to the number and composition of the crew on the arrival and departure of a ship.
            1. Standard. In the Crew List, public authorities shall not require more than thefollowing data:name and IMO number of ship flag State of ship
               call sign voyage number family name give names nationality rank or rating genderdate and place of birthnature and number of identity document issuing State of identity document expiry date of identity documentport and date of arrival/departure of the ship last pot of call.
            2. Standard. Public authorities shall accept that the Crew List is either dated andsigned by the master or by some other ship’s officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
            3. Not in use.
            4. Recommended Practice. The Passenger List shall be the basic document requiredby public authorities containing the data relating to passengers on the arrival and departure of a ship.
         4. Standard. In the Crew List, public authorities shall not require more than thefollowing data:
            1. Not in use.
            2. Recommended Practice. Public authorities should not require embarkation ordisembarkation cards in addition to Passenger Lists in respect of passengers whose names appear on those Lists. However, where public authorities have special problems constituting a grave danger to public health, a person on an international voyage may on arrival be required to give a destination address in writing.
            3. Standard. In the Passenger List, public authorities shall not require more than thefollowing dataname and IMO number of ship call signflag State of ship voyage number family name give names nationalitydate of birth place of birth gendertype of identity documentserial number if identity or travel document issuing State of identity documentexpiry date of identity document port of embarkationport and date of arrival/departure of the ship transit passenger or not.
            4. Recommended Practice. A list compiled by the shipowners for their own useshould be accepted in place of the Passenger List, provided it contains at least the information required in accordance with Standard 2.7.3 and is dated and signed or authenticated in accordance with Standard 2.7.5.
            5. Standard. Public authorities shall accept that the Passenger List is either dated andsigned by the master, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
         5. Standard. The Dangerous Goods Manifest shall be the basic document providing
         public authorities with the information regarding dangerous goods.
         2.8.1. Standard. In the Dangerous Goods Manifest public authorities shall not requiremore than the following information: name of shipIMO number call signflag State of ship port of loading port of discharge stowage position reference numbermarks and numbersfreight container identification No(s). vehicle registration No(s).UN Numberproper shipping name/(Technical Specifications) class/(subsidiary risk(s))packing groupadditional information/marine pollutant/flash point/etc. number and kind of packagesmass (kg) or volume (L)EmSshipping agent.
         1. Standard. Public authorities shall not require on arrival or departure of the ship anywritten declaration in respect of postal items other than that prescribed in the Universal Postal Convention, provided the latter is actually produced. In the absence of such a document, the postal objects (number and weight) must be shown in the Cargo Declaration.
         2. Standard. The Maritime Declaration of Health shall be the basic document
         containing the data required by port health authorities relating to the state of health on board a ship during the voyage and on arrival at a port.
         C.
         2.11.Documents on arrival
         Standard. Until the expiration of the transitional period referred to in Standard1.3ter, public authorities shall in respect of a ship’s arrival in port not require more than: 5 copies of the General Declaration4 copies of the Cargo Declaration4 copies of the Ship’s Stores Declaration 2 copies of the Crew’s Effects Declaration 4 copies of the Crew List4 copies of the Passenger List1 copy of the Dangerous Goods Manifest1 copy of the Maritime Declaration of Health1 copy of the security-related information as required under SOLAS regulation XI-2/9.2.21 copy of the Advanced Notification Form for Waste Delivery to Port Reception Facilities when communicated to the Organization.
         Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.
         D.
         2.12.Documents on departure
         Standard. Until the expiration of the transitional period referred to in Standard1.3ter, public authorities shall in respect of a ship’s departure from port not require more than: 5 copies of the General Declaration4 copies of the Cargo Declaration3 copies of the Ship’s Stores Declaration 2 copies of the Crew List
         2 copies of the Passenger List1 copy of the Dangerous Goods Manifest.
         Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.
         1. Standard. A new Cargo Declaration shall not be required on departure from a portin respect of cargo which has been the subject of a declaration on arrival in that port and which has remained on board.
         2. Recommended Practice. A separate Ship’s Stores Declaration on departure shouldnot be required in respect of ship’s stores which have been the subject of a declaration on arrival, nor in respect of stores shipped in the port and covered by another customs document presented for the purpose in that port.
         3. Standard. Where public authorities require information about the crew of a ship on
         its departure from the port, one of the copies of the Crew List presented on arrival at the port shall be accepted on departure, provided it is signed again by the master or an officer duly authorized by him/her, and endorsed or authenticated in a manner acceptable to the public authority concerned, to indicate any change in the number or composition of the crew at the time of the ship’s departure or to indicate that no such change has occurred during the ship’s stay in the port.
         2.13. E.2.14.Not in use.
         Consecutive calls at two or more ports in the same State
         Standard. Taking into account the procedures carried out on the arrival of a ship atthe first port of call in the territory of a State, shipowners shall only be obligated to submit required information once to the public authorities of a State. The formalities and documents required by the public authorities at any subsequent port of call in that country visited without intermediate call at a port in another country shall be kept to a minimum.
         F.
         2.15.Completion of documents
         Recommended Practice. Public authorities should as far as possible accept thedocuments provided for in this annex, except as regards Standard 3.7, irrespective of the language in which the required data is furnished thereon, provided that they may require a written or oral translation into one of the official languages of their country or of the Organization when they deem it necessary.
         1. Standard. If public authorities require documents in paper form, they shall acceptdocuments conveyed by any legible and understandable medium, including documents handwritten in ink or indelible pencil or produced by the use of information technology.
            1. Standard. Public authorities shall accept a signature, when required, in handwriting,in facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic means, if such acceptance is not inconsistent with national laws. The authentication of information submitted on non-paper media shall be in a manner that is acceptable to the public authority concerned and which facilitates the electronic submission of the information by the parties concerned irrespective of their residence.
         2. Standard. Public authorities of the country of any intended port of arrival,
         discharge, or transit shall not require any document relating to the ship, its cargo, stores, passengers or crew, as mentioned in this section, to be legalized, verified, authenticated, or previously dealt with by any of their representatives abroad. This shall not be deemed to preclude a requirement for the presentation of a passport or other identity document of a passenger or crew member for visa or similar purposes.
         G.
         2.18.Errors and amendments in documentation and penalties therefor
         Standard. Public authorities shall, without delaying the ship, allow correction oferrors in a document provided for in this annex which they are satisfied are inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate laws or regulations, on the condition that these errors are discovered before the document is fully checked and the corrections can be effected without delay.
         1. Standard. If errors are found in the data transmitted as provided for in appendix 1of this annex, which have been signed by or on behalf of a shipowner or master, or otherwise authenticated, no penalties shall be imposed until an opportunity has been given to satisfy the public authorities that the errors were inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate the laws or regulations of the port State.
            2.19bis.Standard. Public authorities shall allow for amendments to information alreadysubmitted in accordance with applicable laws and regulations.
            H. Special measures of facilitation for ships calling at ports in order to put ashoresick or injured crew members, passengers, persons rescued at sea or other persons for emergency medical treatment
         2. Standard. Public authorities shall seek the cooperation of shipowners to ensure that,when ships intend to call at ports for the sole purpose of putting ashore sick or injured crew members, passengers, persons rescued at sea, or other persons for emergency medical treatment, the master shall give the public authorities as much notice as possible of that intention, with the fullest possible details of the sickness or injury and of the identity of the persons.
         3. Standard. Public authorities shall, by the fastest channels available, inform themaster, before the arrival of the ship, of the documentation and the procedures necessary to put the sick or injured persons ashore expeditiously and to clear the ship without delay.
         4. Standard. With regard to ships calling at ports for this purpose and intending toleave again immediately, public authorities shall give priority in berthing if the state of the sick person or the sea conditions do not allow a safe disembarkation in the roads or harbour approaches.
         5. Standard. With regard to ships calling at ports for this purpose and intending toleave again immediately, public authorities shall not require the documents mentioned in Standard2.1 with the exception of the Maritime Declaration of Health, and, if it is indispensable, the General Declaration. Public authorities shall in such situations waive the time limits for the submission of the documents.
         6. Standard. Where public authorities require the General Declaration, this documentshall not contain more data than those mentioned in Recommended Practice 2.2.2 and, wherever possible, shall contain less.
         7. Standard. Where the public authorities apply control measures related to the arrivalof a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.
         8. Standard. Where the public authorities apply control measures related to the arrivalof a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.
         9. Standard. Emergency medical treatment and measures for the protection of public
         health shall take precedence over any control measures which public authorities may apply to sick or injured persons being put ashore.
         Section 3 – Arrival and departure of persons
         This section contains the provisions concerning the formalities required by public authorities from crew and passengers on the arrival or departure of a ship.
         A.
         3.1.Arrival and departure requirements and procedures
         Standard. A valid passport shall be the basic document providing public authoritieswith information relating to the individual passenger on arrival or departure of a ship.
         3.1.1. Recommended Practice. Contracting Governments should as far as possible agree,by bilateral or multilateral agreements, to accept official documents of identity in lieu of passports.
         1. Standard. Public authorities shall make arrangements whereby passports, or officialdocuments of identity accepted in their place, from ship’s passengers need be inspected by the immigration authorities only once at the time of arrival and once at the time of departure. In addition, these passports or official documents of identity may be required to be produced for the purpose of verification or identification in connection with customs and other formalities on arrival and departure.
         2. Standard. After individual presentation of passports or official documents ofidentity accepted in their place, public authorities shall hand back such documents immediately after examination rather than withholding them for the purpose of obtaining additional control, unless there is some obstacle to the admission of a passenger to the territory.
            1. Standard. Each Contracting Government shall ensure that the public authoritiesseize fraudulent, falsified or counterfeit travel documents of inadmissible persons. Such documents shall be removed from circulation and returned to the appropriate authorities when practicable. In place of a seized document, a covering letter shall be issued by the removing State and attached to it will be a photocopy of the forged travel documents, if available, as well as any important information. The covering letter and its attachment shall be handed over to the operator responsible for the removal of the inadmissible person. It will serve to give information to the authorities at the transit and/or the original point of embarkation.
            2. Standard. Contracting Governments shall accept for examination a person beingreturned from his/her point of disembarkation after having been found inadmissible if this person had embarked in their territory. Contracting Governments shall not return such a person to the country where he or she was earlier found to be inadmissible.
            3. Standard. Before passengers and crew are accepted for examination as to theiradmissibility into the State, responsibility for their custody and care shall remain with the shipowner.
            4. Recommended Practice. After acceptance of passengers and crew for examination,whether conditional or unconditional and if the persons concerned are under the physical control
               of the public authorities, the public authorities should be responsible for their custody and care until they are admitted for entry or are found to be inadmissible.
            5. Standard. The obligation of a shipowner to transport any person away from theterritory of a State shall terminate from the moment such a person has been definitely admitted into that State.
            6. Standard. Where a person is found to be inadmissible, the public authorities shall,without unreasonable delay, inform the shipowner and consult the shipowner regarding the arrangements for removal. The shipowner is responsible for the costs of stay and removal of an inadmissible person and, in the case where the person is transferred back to the custody of the shipowner, the shipowner shall be responsible for effecting his/her prompt removal to:the country of embarkation; orto any other place where the person is admissible.
            7. Standard. Contracting Governments and shipowners shall cooperate, wherepracticable, to establish the validity and authenticity of passports and visas.
         3. Recommended Practice. Public authorities should not require from embarking ordisembarking passengers, or from shipowners on their behalf, any information in writing supplementary to or repeating that already presented in their passports or official documents of identity, other than as necessary to complete any documents provided for in this annex.
         4. Recommended Practice. Public authorities which require written supplementaryinformation, other than as necessary to complete any documents provided for in this annex, from embarking or disembarking passengers should limit requirements for further identification of passengers to the items set forth in Recommended Practice 3.6 (embarkation/disembarkation card). Public authorities should accept the embarkation/disembarkation card when completed by the passenger and should not require that it be completed or checked by the shipowner. Legible handwritten script should be accepted on the card, except where the form specifies block lettering. One copy only of the embarkation/disembarkation card, which may include one or more simultaneously prepared carbon copies, should be required from each passenger.
         5. Recommended Practice. In the embarkation/disembarkation card, publicauthorities should not require more than the following information: family namegive names
            nationalitynumber and expiry date of passport or other official identity document date of birthplace of birthport of embarkation/disembarkation genderdestination address signature.
         6. Standard. In cases where evidence of protection against yellow fever is requiredfrom persons on board a ship, public authorities shall accept the International Certificate of Vaccination or Re-Vaccination in the forms provided for in the International Health Regulations.
         7. Recommended Practice. Medical examination of persons on board or of personsdisembarking from ships should normally be limited to those persons arriving from an area infected with quarantinable diseases within the incubation period of the disease concerned (as stated in the International Health Regulations). Additional medical examination may, however, be required in accordance with the International Health Regulations.
         8. Recommended Practice. Public authorities should normally perform customsinspections of inbound passengers’ accompanied baggage on a sampling or selective basis. Written declarations in respect of passengers’ accompanied baggage should be dispensed with as far as possible.
            1. Recommended Practice. Public authorities should, wherever possible, waiveinspections of accompanied baggage of departing passengers, with due regard to the possible need to impose appropriate security measures preferably by automated means to facilitate review.
            2. Recommended Practice. Where inspection of accompanied baggage of departingpassengers cannot be waived completely, such inspection should normally be performed on a sampling or selective basis.
         9. Standard. A passport or an identity document issued in accordance with relevant
         ILO Conventions, or else a valid and duly recognized seafarer’s identity document, shall be the basic document providing public authorities with information relating to the individual member of the crew on arrival or departure of a ship.
         1. Standard. In the seafarer’s identity document, public authorities shall not requiremore than the following information: family namegive names genderdate and place of birth nationalityphysical characteristics photograph (authenticated) signaturedate of expiry (if any) issuing public authority.
         2. Standard. When it is necessary for a seafarer to enter or leave a country as apassenger by any means of transportation for the purpose of:
            1. joining his/her ship or transferring to another ship,
            2. passing in transit to join his/her ship in another country, or for repatriation, or for any other purpose approved by the authorities of the country concerned,
               public authorities shall accept from that seafarer in place of a passport the valid seafarer’s identity document, when this document guarantees the readmission of the bearer to the country which issued the document.
         3. Recommended Practice. Public authorities should not normally require
         presentation of individual identity documents or of information supplementing the seafarer’s identity document in respect of members of the crew other than that given in the Crew List.
         B.
         3.11.Measures to facilitate clearance of passengers, crew and baggage
         Recommended Practice. Public authorities should, with the cooperation ofshipowners and port authorities and/or port administration, take appropriate measures to the end that satisfactory port traffic flow arrangements may be provided so that passengers, crew and baggage can be cleared rapidly, should provide adequate personnel, and should ensure that adequate installations are provided, particular attention being paid to baggage loading, unloading
         and conveyance arrangements (including the use of mechanized systems) and to points where passenger delays are frequently found to occur. Arrangements should be made, when necessary, for passage under shelter between the ship and the point where the passenger and crew check is to be made. Such arrangements and installations should be flexible and capable of expansion to meet increased security measures during higher security levels.
         3.11.1.(a)Recommended Practice. Public authorities should:in cooperation with shipowners and port authorities, introduce suitable arrangements, such as:
         1. an individual and continuous method of processing passengers and baggage;
         2. a system which would permit passengers readily to identify and obtain their checked baggage as soon as it is placed in an area where it may be claimed; and
         3. ensuring that facilities and services are available to meet the needs of elderly and disabled passengers;
      2. ensure that port authorities take all necessary measures so that:
         1. easy and speedy access for passengers and their baggage, to and from local transport, is provided; and
         2. if crews are required to report to premises for governmental purposes, those premises should be readily accessible, and as close to one another as practicable.

3.11.2. Recommended Practice. Public authorities should consider, as a means of ensuring

prompt clearance, the introduction of the dual-channel system for the clearance of passengers, and their baggage and private road vehicles.

1. Standard. Public authorities shall require that shipowners ensure that ship’spersonnel take all appropriate measures which will help expedite arrival procedures for passengers and crew. These measures may include:
   1. furnishing public authorities concerned with an advance message giving the best estimated time of arrival, followed by information as to any change in time, and stating the itinerary of the voyage where this may affect inspection requirements;
   2. having ship’s documents ready for prompt review;

(c)

(d)

3.13.

providing for ladders or other means of boarding to be rigged while the ship is en route to berth or anchorage; and

providing for prompt, orderly assembling and presentation of persons on board, with necessary documents, for inspection, with attention to arrangements for relieving crew members for this purpose from essential duties in engine-rooms and elsewhere.

Recommended Practice. The practice of entering names on passenger and crew

documents should be to put the family name or names first. Where both paternal and maternal family names are used, the paternal family name should be placed first. Where for married women both the husband’s and wife’s paternal family names are used, the husband’s paternal family name should be placed first.

1. Standard. Public authorities shall, without unreasonable delay, accept personspresent on board a ship for examination as to their admissibility into the State.
2. Recommended Practice. Public authorities should not impose unreasonable ordisproportionate fines upon shipowners, in the event that any control document in possession of a passenger is found by public authorities to be inadequate, or if, for that reason, the passenger is found to be inadmissible to the State.
   1. Standard. Public authorities shall encourage shipowners to take precautions at thepoint of embarkation with a view to ensuring that passengers are in possession of any control documents prescribed by the receiving or transit States.
   2. Standard. When a person is found to be inadmissible and is removed from theterritory of the State, the shipowner shall not be precluded from recovering, from such a person, any costs arising from his/her inadmissibility.
   3. Recommended Practice. For use at marine terminals and on board ships in order

to facilitate and expedite international maritime traffic, public authorities should implement or, where the matter does not come within their jurisdiction, recommend responsible parties in their country to implement standardized international signs and symbols developed or accepted by the Organization in cooperation with other appropriate international organizations and which, to the greatest extent practicable, are common to all modes of transport.

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

1. Recommended Practice. Measures should be taken to ensure that all necessaryinformation on transport and safety is readily available for passengers who have impaired hearing or vision.
2. Recommended Practice. For elderly and disabled passengers being set down orpicked up at a terminal building, reserved points should be located as close as possible to main entrances. These should be clearly marked with appropriate signs. Access routes should be free of obstacles.
3. Recommended Practice. Where access to public services is limited, every effortshould be made to provide accessible and reasonably priced public transportation services by adapting current and planned services or by providing special arrangements for passengers who have impaired mobility.
4. Recommended Practice. Provisions of suitable facilities should be made in

terminals and on ships, as appropriate, to allow safe embarkation and disembarkation for elderly and disabled passengers.

D.

3.20.

Facilitation for ships engaged on cruises and for cruise passengers

Standard. Public authorities shall authorize granting of pratique by electronic

means to a cruise ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease.

1. Recommended Practice. For cruise ships, the General Declaration, the PassengerList and the Crew List should be required only at the first port of arrival and final port of departure in a country, provided that there has been no change in the circumstances of the voyage.
2. Standard. For cruise ships, the Ship’s Stores Declaration and the Crew’s EffectsDeclaration shall be required only at the first port of arrival in a country.
3. Standard. Passports or other official documents of identity shall at all times remainin the possession of cruise passengers.
4. Recommended Practice. If a cruise ship stays at any port within the ContractingGovernment’s territory for less than 72 hours, it should not be necessary for cruise passengers to have visas, except in special circumstances determined by the public authorities concerned.
5. Standard. Cruise passengers shall not be unduly delayed by the control measuresexercised by public authorities.
6. Standard. In general, except for security purposes and for the purposes ofestablishing identity and admissibility, cruise passengers shall not be subject to personal examination by public authorities responsible for immigration control.
7. Standard. If a cruise ship calls consecutively at more than one port in the samecountry, passengers shall, in general, be examined by public authorities at the first port of arrival and at the final port of departure only.
8. Recommended Practice. To facilitate their prompt disembarkation, the inwardcontrol of passengers on a cruise ship, where practicable, should be carried out on board before arrival at the place of disembarkation.
9. Recommended Practice. Cruise passengers who disembark at one port and rejointhe same ship at another port in the same country should enjoy the same facilities as passengers who disembark and rejoin a cruise ship at the same port.
10. Recommended Practice. The Maritime Declaration of Health should be the onlyhealth control necessary for cruise passengers.
11. Standard. Duty-free ship’s stores shall be allowed aboard ship for cruise passengersduring the ship’s stay in port.
12. Standard. Cruise passengers shall not normally be required to provide a written

declaration for their personal effects. However, in the case of articles which involve a high amount of customs duties and other taxes and charges, a written declaration and a security may be required.

3.33.

control.

3.34.

passengers.

3.35.

Recommended Practice. Cruise passengers should not be subject to any currency

Standard. Embarkation/disembarkation cards shall not be necessary for cruise

Not in use.

E. Special measures of facilitation for passengers in transit

1. Standard. A passenger in transit who remains on board the ship on which he or shearrived and departs with it shall not normally be subjected to routine control by public authorities except in extraordinary circumstances determined by the public authorities concerned.
2. Recommended Practice. A passenger in transit should be allowed to retain his/herpassport or other identity document.
3. Recommended Practice. A passenger in transit who remains on board the ship onwhich he or she arrived and departs with it should not be required to complete a disembarkation/ embarkation card.
4. Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should normally be granted temporary permission to go ashore during the ship’s stay in port if he/she so wishes subject to the public authorities’ admissibility and visa requirements.
5. Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should not be required to have a visa, except in special circumstances determined by the public authorities concerned.
6. Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should not normally be required to give a written Customs Declaration.
7. Recommended Practice. A passenger in transit who leaves the ship at one port and

embarks in the same ship at a different port in the same country should enjoy the same facilities as a passenger who arrives and departs in the same ship at the same port.

F.

3.43.

Measures of facilitation for ships engaged in scientific services

Recommended Practice. A ship engaged in scientific services carries personnel

who are necessarily engaged on the ship for such scientific purposes of the voyage. If so identified, such personnel should be granted facilities at least as favourable as those granted to the crew members of that ship.

G. Further measures of facilitation for foreigners belonging to the crews of ships

engaged in international voyages – shore leave

3.44. Standard. Crew members shall be allowed ashore by the public authorities while

the ship on which they arrive is in port, provided that the formalities on arrival of the ship have

been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order. Shore leave shall be allowed in a manner which excludes discrimination such as on the grounds of nationality, race, colour, sex, religion, political opinion, or social origin and irrespective of the flag State of the ship on which they are employed, engaged or work.

3.44bis.

Standard. In any case where permission for shore leave has been refused, the

relevant public authorities shall communicate their reasons for shore leave denial to the seafarer concerned and the master. If requested by the seafarer concerned or the master, such reasons shall be provided in writing.

3.45.

shore leave.

Standard. Crew members shall not be required to hold a visa for the purpose of

1. Recommended Practice. Crew members, before going on or returning from shoreleave, should not normally be subjected to personal checks.
2. Standard. Crew members shall not be required to have a special permit, e.g. a shoreleave pass, for the purpose of shore leave.
3. Recommended Practice. If crew members are required to carry documents ofidentity with them when they are on shore leave, these documents should be limited to those mentioned in Standard 3.10.
4. Recommended Practice. Public authorities should provide a system of pre-arrival

clearance to allow the crew of ships which call regularly at their ports to obtain advance approval for temporary shore leave. Where a ship has no adverse immigration record and is locally represented by a shipowner or a reputable agent of the shipowner, the public authorities should normally, after satisfactory consideration of such pre-arrival particulars as they may require, permit the ship to proceed directly to its berth and be subject to no further routine immigration formalities, unless otherwise required by the public authorities.

Section 4 – Stowaways

A.

4.1.

General Principles

Standard. The provisions in this section shall be applied in accordance with

international protection principles as set out in international instruments, such as the UN Convention relating to the Status of Refugees of 28 July 1951 and the UN Protocol relating to the Status of Refugees of 31 January 1967, and relevant national legislation.

4.2. Standard. Public authorities, port authorities, shipowners and masters shall

cooperate to the fullest extent possible in order to prevent stowaway incidents and to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place. All appropriate measures shall be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.

B. 4.3.

4.3.1.

4.3.1.1.

Preventive measures Ship/Port preventive measures Port/terminal authorities

Standard. Contracting Governments shall ensure that the necessary infrastructure,

and operational and security arrangements for the purpose of preventing persons attempting to stowaway on board ships from gaining access to port installations and to ships, are established in all their ports, taking into consideration when developing these arrangements the size of the port, and what type of cargo is shipped from the port. This should be done in close cooperation with relevant public authorities, shipowners and shoreside entities, with the aim of preventing stowaway occurrences in the individual port.

4.3.1.2. Recommended Practice. Operational arrangements and/or port facility security

plans should at least be equivalent to those contained in the relevant text of section B/16 of the ISPS Code.

4.3.2.

4.3.2.1.

Shipowner/Master

Standard. Contracting Governments shall require that shipowners and masters, as

well as other responsible persons have security arrangements in place which, as far as practicable, will prevent intending stowaways from getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship leaves port.

1. Recommended Practice. When calling at ports and during stay in ports, where thereis risk of stowaway embarkation, operational arrangements and/or ship security plans should at least be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code.
2. Standard. Contracting Governments shall require that ships entitled to fly their flag,except passenger ships, when departing from a port, where there is risk of stowaway embarkation, have undergone a thorough search in accordance with a specific plan or schedule, and with priorities given to places where stowaways might hide taking into account the specific ship type and its operations. Search methods which are likely to harm secreted stowaways shall not be used.
3. Standard. Contracting Governments shall require that fumigation or sealing of

ships entitled to fly their flag may not be carried out until a search which is as thorough as practicable of the areas to be fumigated or sealed has taken place in order to ensure that no stowaways are present in those areas.

4.3.3.

4.3.3.1.

National Sanctions

Standard. Where appropriate, Contracting Governments shall incorporate into their

national legislation legal grounds to allow prosecution of stowaways, attempted stowaways and any individual or company aiding a stowaway or an attempted stowaway with the intention to facilitate access to the port area, any ship, cargo or freight containers.

C. 4.4.

4.4.1.

Treatment of the stowaway while on board General principles – Humane treatment

Standard. Stowaways shall not be permitted to work on board the ship, except in

emergency situations or in relation to the stowaway’s accommodation and provisioning on board.

4.4.2. Standard. Contracting Governments shall require that masters operating ships

entitled to fly their flag take appropriate measures to ensure the security, general health, welfare and safety of the stowaway while he/she is on board, including providing him/her with adequate provisioning, accommodation, proper medical attention and sanitary facilities.

4.5.

4.5.1.

Work on board

Standard. Stowaways shall not be permitted to work on board the ship, except in

emergency situations or in relation to the stowaway’s accommodation and provisioning on board.

4.6.

4.6.1.

Questioning and notification by the master

Standard. Contracting Governments shall require masters to take practicable steps

to establish the identity, including nationality/citizenship of the stowaway and the port of embarkation of the stowaway, and to notify the existence of the stowaway along with relevant details to the public authorities of the first planned port of call. This information shall also be provided to the shipowner, public authorities at the port of embarkation, the flag State and, if necessary, subsequent ports of call.

1. Recommended Practice. When gathering relevant details for notification, mastersshould use the form as specified in appendix 3.
2. Standard. Contracting Governments shall instruct masters operating ships entitled

to fly their flag that when a stowaway declares himself/herself to be a refugee, this information shall be treated as confidential to the extent necessary for the security of the stowaway.

4.7.

4.7.1.

Notification to the International Maritime Organization

Standard. Public authorities shall report all stowaway incidents of which they

become aware to the Secretary-General of the International Maritime Organization.

D.

4.8.

Deviation from the planned route

Standard. Public authorities shall urge all shipowners operating ships entitled to

fly their flag to instruct their masters not to deviate from the planned voyage to seek the disembarkation of stowaways discovered on board the ship after it has left the territorial waters of the country where the stowaways embarked, unless:

permission to disembark the stowaway has been granted by the public authorities of the State to whose port the ship deviates; or

repatriation has been arranged elsewhere with sufficient documentation and permission for disembarkation; or

there are extenuating safety, security, health or compassionate reasons; or

attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a significant period of time.

E. 4.9.

4.9.1.

Disembarkation and return of a stowaway

The State of the first port of call according to the voyage plan

Standard. Public authorities in the country of the ship’s first scheduled port of call

after discovery of a stowaway shall decide in accordance with national legislation whether the stowaway is admissible to that State and shall do their utmost to cooperate with the parties involved in resolving the issue.

1. Standard. Public authorities in the country of the ship’s first scheduled port of callafter discovery of a stowaway shall allow disembarkation of the stowaway, when the stowaway is in possession of valid travel documents for return, and the public authorities are satisfied that timely arrangements have been or will be made for repatriation and all the requisites for transit fulfilled.
2. Standard. Public authorities in the country of the ship’s first scheduled port of call

after discovery of a stowaway shall allow disembarkation of the stowaway when the public authorities are satisfied that they or the shipowner will obtain valid travel documents, make timely arrangements for repatriation of the stowaway, and fulfil all the requisites for transit. Public authorities shall, further, favourably consider allowing disembarkation of the stowaway, when it is impracticable for the stowaway to remain on the ship or other factors exist which would preclude the stowaway remaining on the ship. Such factors may include, but are not limited to, when:

a case is unresolved at the time of sailing of the ship; or

the presence on board of the stowaway would endanger the safe operation of the ship, the health of the crew or the stowaway.

4.10.

4.9.1.

Subsequent ports of call

Standard. When disembarkation of a stowaway has failed in the first scheduled port

of call after discovery of the stowaway, public authorities of subsequent ports of call shall examine the stowaway as for disembarkation in accordance with Standards 4.9.1, 4.9.2 and 4.9.3.

4.11.

4.11.1.

State of Nationality or Right of Residence

Standard. Public authorities shall in accordance with international law accept the

return of stowaways with full nationality/citizenship status or accept the return of stowaways who in accordance with their national legislation have a right of residence in their State.

4.11.2. Standard. Public authorities shall, when possible, assist in determining the identity

and nationality/citizenship of stowaways claiming to be a national or having a right of residence in their State. Where possible, the local embassy, consulate or other diplomatic representation of the country of the stowaway’s nationality will be required to assist in verifying the stowaway’s nationality and providing emergency travel documentation.

4.12.

4.12.1.

State of Embarkation

Standard. When it has been established to their satisfaction that stowaways have

embarked a ship in a port in their State, public authorities shall accept for examination such stowaways being returned from their point of disembarkation after having been found inadmissible there. The public authorities of the State of embarkation shall not return such stowaways to the country where they were earlier found to be inadmissible.

1. Standard. When it has been established to their satisfaction that attemptedstowaways have embarked a ship in a port in their State, public authorities shall accept disembarkation of attempted stowaways, and of stowaways found on board the ship while it is still in their territorial waters or if applicable according to the national legislation of that State in the area of immigration jurisdiction of that State. No penalty or charge in respect of detention or removal costs shall be imposed on the shipowner.
2. Standard. When an attempted stowaway has not been disembarked at the port of

embarkation, he/she is to be treated as a stowaway in accordance with the regulation of this section.

4.13.

4.13.1.

The flag State

Standard. The public authorities of the flag State of the ship shall assist and

cooperate with the master/shipowner or the appropriate public authority at ports of call in: identifying the stowaway and determining his/her nationality;

making representations to the relevant public authority to assist in the removal of the stowaway from the ship at the first available opportunity; and

making arrangements for the removal or repatriation of the stowaway.

4.14.

4.14.1.

Return of stowaways

Recommended Practice. When a stowaway has inadequate documents, public

authorities should, whenever practicable and to an extent compatible with national legislation and security requirements, issue a covering letter with a photograph of the stowaway and any other important information or, alternatively, a suitable travel document accepted by the public authorities involved. The covering letter, authorizing the return of the stowaway either to his/her country of origin or to the point where the stowaway commenced his/her journey, as appropriate, by any means of transportation and specifying any other conditions imposed by the authorities, should be handed over to the operator affecting the removal of the stowaway. This letter will include information required by the authorities at transit points and/or the point of disembarkation.

1. Recommended Practice. Public authorities in the State where the stowaway hasdisembarked should contact the relevant public authorities at transit points during the return of a stowaway, in order to inform them of the status of the stowaway. In addition public authorities in countries of transit during the return of any stowaway should allow, subject to normal visa requirements and national security concerns, the transit through their ports and airports of
   stowaways travelling under the removal instructions or directions of public authorities of the country of the port of disembarkation.
2. Recommended Practice. When a port State has refused disembarkation of a

stowaway, that State should, without undue delay, notify the flag State of the ship carrying the stowaway of the reasons for refusing disembarkation.

4.15.

4.15.1.

Cost of return and maintenance of stowaways

Recommended Practice. The public authorities of the State where a stowaway has

been disembarked should generally inform the shipowner on whose ship the stowaway was found, as far as practicable, of the level of cost of detention and return and any additional costs for the documentation of the stowaway, if the shipowner is to cover these costs. In addition, public authorities should cooperate with the shipowner to keep such costs to a minimum as far as practicable and according to national legislation, if they are to be covered by the shipowner.

1. Recommended Practice. The period during which shipowners are held liable todefray costs of maintenance of a stowaway by public authorities in the State where the stowaway has been disembarked should be kept to a minimum.
2. Standard. Public authorities shall, according to national legislation, considermitigation of penalties against ships where the master of the ship has properly declared the existence of a stowaway to the appropriate authorities in the port of arrival, and has shown that all reasonable preventive measures had been taken to prevent stowaways gaining access to the ship.
3. Recommended Practice. Public authorities should, according to national

legislation, consider mitigation of other charges that might otherwise be applicable, when shipowners have cooperated with the control authorities to the satisfaction of those authorities in measures designed to prevent the transportation of stowaways.

Section 5 – Arrival, stay and departure of cargo and other articles

This section contains the provisions concerning the formalities required by public authorities from the shipowner, his/her agent or the master of the ship.

A.

5.1.

General

Recommended Practice. Public authorities should, with the cooperation of

shipowners, port authorities and port facilities and terminals, take appropriate measures to ensure

that port time may be kept to a minimum, should provide satisfactory port traffic flow arrangements, and should frequently review all procedures in connection with the arrival and departure of ships, including arrangements for embarkation and disembarkation, loading and unloading, servicing and the like and the security measures associated therewith. They should also make arrangements whereby cargo ships and their loads can be entered and cleared, in so far as may be practicable, at the ship working area.

1. Recommended Practice. Public authorities should, with the cooperation ofshipowners, port authorities and port facilities and terminals, take appropriate measures to ensure that satisfactory port traffic flow arrangements are provided so that handling and clearance procedures for cargo will be smooth and uncomplicated. These arrangements should cover all phases from the time the ship arrives at the dock for unloading and public authority clearance, and also free zones, storage facilities, warehousing and onward movement of cargo if required. There should be convenient and direct access between the free zone, storage facilities and cargo warehouse and the public authority clearance area, which should be located close to the dock area with, whenever possible, easy access and transfer capabilities and infrastructure.
2. Recommended Practice. Public authorities should encourage owners and/oroperators of marine cargo terminals to equip them with storage facilities for special cargo (e.g. valuable goods, perishable shipments, human remains, radioactive and other dangerous goods, as well as live animals), as appropriate; those areas of marine cargo terminals in which general and special cargo and postal items are stored prior to shipment by sea or importation should implement access control measures at least equivalent to those contained in the relevant text of paragraph B/16 of the ISPS Code.
   5.3bis.Recommended Practice. Public authorities should require only a minimum of datanecessary for the identification of the cargo that is to be placed in storage prior to release or re- export or importation, and should, whenever available, use the information contained in the pre- arrival declaration for this purpose.
3. Standard. A Contracting Government which continues to require export, importand transhipment licences or permits for certain types of goods shall establish simple procedures whereby such licences or permits can be obtained and renewed rapidly.
4. Recommended Practice. When the nature of a consignment could attract theattention of different agencies authorized to carry out inspections, such as customs and veterinary or sanitary controllers, Contracting Governments should authorize either customs or one of the other agencies to carry out the required procedures or, where that is not feasible, take all necessary steps to ensure that such inspections are carried out simultaneously at one place and with a
   minimum of delay and whenever possible carried out upon prior coordination with the party having custody of the consignment.
5. Recommended Practice. Public authorities should provide simplified procedures

for the prompt clearance of private gift packages and trade samples not exceeding a certain value or quantity which should be set at as high a level as possible.

B.

5.7.

Clearance of cargo

Standard. Public authorities shall, subject to compliance with any national

prohibitions or restrictions and any measures required for port security or the prevention of trafficking of narcotics, grant priority clearance to live animals, perishable goods and other consignments of an urgent nature.

5.7.1. Recommended Practice. In order to protect the quality of goods awaiting clearance,

public authorities should, in collaboration with all the concerned parties, take all measures to permit practical, safe and reliable storage of goods at the port.

1. Recommended Practice. Contracting Governments should facilitate the temporaryadmission of specialized cargo-handling equipment arriving by ships and used on shore at ports of call for loading, unloading and handling cargo.
2. Not in use.
3. Recommended Practice. Public authorities should provide procedures for theclearance of cargo based on the relevant provisions of and associated guidelines to the International Convention on the simplification and harmonization of Customs procedures – the revised Kyoto Convention.
   1. Recommended Practice. Public authorities should introduce simplified proceduresfor authorized persons allowing:
      1. release of the goods on the provision of the minimum information necessary to identify the goods, to accurately identify and assess risk as it relates to concerns such as health, safety and security, and permit the subsequent completion of the final goods declaration;
      2. clearance of the goods at the declarants premises or another place authorized by the relevant public authority; and

(c)

5.11.

submission of a single goods declaration for all imports or exports in a given period where goods are imported or exported frequently by the same person.

Standard. Public authorities shall limit physical interventions to the minimum

necessary to ensure compliance with applicable law.

1. Recommended Practice. Public authorities should, on the basis of a valid request,conduct physical examinations of cargo, where necessary, at the point where it is loaded into its means of transport and while loading is in progress, either at the dockside or, in the case of unitized cargo, at the place where the freight container is packed and sealed.
2. Standard. Public authorities shall ensure that requirements for collection ofstatistics do not significantly reduce the efficiency of maritime trade.
3. Recommended Practice. Public authorities should use systems for the electronicexchange of information for the purposes of obtaining information in order to accelerate and simplify storage, clearance and re-export processes.
   1. Recommended Practice. Public authorities should quickly terminate the transit

procedure covering goods from another State awaiting loading.

C.

5.15.

Freight containers and pallets

Standard. Public authorities shall, in conformity with their respective regulations,

permit the temporary admission of freight containers, pallets and freight container equipment and accessories that are affixed to the container or are being transported separately without payment of customs duties and other taxes and charges and shall facilitate their use in maritime traffic.

1. Recommended Practice. Public authorities should provide in their regulations,referred to in Standard 5.15, for the acceptance of a simple declaration to the effect that temporarily imported freight containers, pallets and freight container equipment and accessories will be re-exported within the time limit set by the State concerned. Such declaration may take the form of an oral declaration or any other act acceptable to the authorities.
2. Standard. Public authorities shall permit freight containers, pallets and freightcontainer equipment and accessories entering the territory of a State under the provisions of Standard 5.15 to depart the limits of the port of arrival for clearance of imported cargo and/or loading of export cargo under simplified control procedures and with a minimum of documentation.
3. Standard. Contracting Governments shall permit the temporary admission of

component parts of freight containers without payment of customs duties and other taxes and charges when these parts are needed for the repair of freight containers already admitted under the terms of Standard 5.15.

D.

5.19.

Cargo not discharged at the port of intended destination

Standard. Where any cargo listed on the Cargo Declaration is not discharged at the

port of intended destination, public authorities shall permit amendment of the Cargo Declaration and shall not impose penalties if satisfied that the cargo was not in fact loaded on the ship, or, if loaded, was landed at another port.

5.20. Standard. When, by error or for another valid reason, any cargo is discharged at a

port other than the port of intended destination, public authorities shall facilitate reloading or onward movement to its intended destination. This provision does not apply to prohibited or restricted cargo.

E.

5.21.

Limitation of shipowner’s responsibilities

Standard. Public authorities shall not require a shipowner to place special

information for use of such authorities on a transport document or a copy thereof, unless the shipowner is, or is acting for, the importer or exporter.

1. Standard. Public authorities shall not hold the shipowner responsible for thepresentation or accuracy of documents which are required of the importer or exporter in connection with the clearance of cargo, unless the shipowner is, or is acting for, the importer or exporter.
2. Standard. The shipowner shall be obliged to provide the information regarding theentry or exit of goods known to the shipowner at the time of lodging such data and as set out in the transport document that evidences the bill of lading. Thus, the shipowner can base the lodgement on data provided by the shipper customer, unless the shipowner has reason to believe that the data provided is untrue.
3. Recommended Practice. Public authorities should implement regulations pursuant

to which the person who initiates and contractually agrees with a party (e.g. a consolidator, a freight forwarder or a shipowner) for the carriage of a maritime cargo shipment to the territory of another State must provide complete and accurate cargo shipment information to that party.

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

1. Standard. Public authorities of a State not Party to the International HealthRegulations shall endeavour to apply the relevant provisions for these Regulations to international shipping.
2. Recommended Practice. Contracting Governments having certain interests incommon owing to their health, geographical, social or economic conditions should conclude special arrangements pursuant to article 85 of the International Health Regulations when such arrangements will facilitate the application of those Regulations.
3. Recommended Practice. Where Sanitary Certificates or similar documents arerequired in respect of shipments of certain animals, plants or products thereof, such certificates and documents should be simple and widely publicized and Contracting Governments should cooperate with a view to standardizing such requirements.
4. Recommended Practice. Public authorities should authorize granting of pratiqueby electronic means to a ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease. Health authorities should as far as practicable be allowed to join a ship prior to entry of the ship into port.
   1. Standard. Public authorities shall seek the cooperation of shipowners to ensurecompliance with any requirement that illness on a ship is to be reported promptly by electronic means to health authorities for the port for which the ship is destined, in order to facilitate provision for the presence of any special medical personnel and equipment necessary for health procedures on arrival.
5. Standard. Public authorities shall make arrangements to enable all travel agenciesand others concerned to make available to passengers, sufficiently in advance of departure, lists of the vaccinations required by the public authorities of the countries concerned, as well as vaccination certificate forms conforming to the International Health Regulations. Public authorities shall take all possible measures to have vaccinators use the International Certificates of Vaccination or Re-Vaccination in order to assure uniform acceptance.
6. Recommended Practice. Public authorities should provide facilities for thecompletion of International Certificates of Vaccination or Re-Vaccination as well as facilities for vaccination at as many ports as feasible.
7. Standard. Public authorities shall ensure that sanitary measures and healthformalities are initiated forthwith, completed without delay, and applied without discrimination.
8. Recommended Practice. To ensure, inter alia, efficient maritime traffic, publicauthorities should maintain at as many ports as feasible adequate facilities for the administration of public health, animal and agricultural quarantine measures.
9. Standard. There shall be maintained readily available at as many ports in a Stateas feasible such medical facilities as may be reasonable and practicable for the emergency treatment of crews and passengers.
10. Standard. Except in the case of an emergency constituting a grave danger to publichealth, a ship which is not infected or suspected of being infected with a quarantinable disease shall not, on account of any other epidemic disease, be prevented by the health authorities for a port from discharging or loading cargo or stores or taking on fuel or water.
11. Recommended Practice. Shipments of animals, animal raw materials, crude animal

products, animal foodstuffs and quarantinable plant products should be permitted in specified circumstances and when the certification requirements have been met at the time of discharge.

Section 7- Miscellaneous provisions

A.

7.1.

Bonds and other forms of security

Recommended Practice. Where public authorities require bonds or other forms of

security from shipowners to cover liabilities under the customs, immigration, public health, agricultural quarantine or similar laws and regulations of a State, they should permit the use of a single comprehensive bond or other form of security wherever possible.

B.

7.2.

Services at ports

Recommended Practice. The normal services of public authorities at a port should

be provided without charge during normal working hours. Public authorities should establish normal working hours for their services at ports consistent with the usual periods of substantial workload.

1. Standard. Contracting Governments shall adopt all practicable measures toorganize the normal services of public authorities at ports in order to avoid unnecessary delay of ships after their arrival or when ready to depart and reduce the time for completion of formalities
   to a minimum, provided that sufficient notice of estimated time of arrival or departure shall be given to the public authorities.
2. Standard. No charge shall be made by a health authority for any medicalexamination, or any supplementary examination, whether bacteriological or otherwise, carried out at any time of the day or night, if such examination is required to ascertain the health of the person examined, nor for visit to and inspection of a ship for quarantine purposes except inspection of a ship for the issue of a Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate, nor shall a charge be made for any vaccination of a person arriving by ship nor for a certificate thereof. However, where measures other than these are necessary in respect of a ship or its passengers or crew and charges are made for them by a health authority, such charges shall be made in accordance with a single tariff which shall be uniform to the territory concerned and they shall be levied without distinction as to the nationality, domicile or residence of any person concerned or as to the nationality, flag, registry or ownership of the ship.
3. Recommended Practice. When the services of public authorities are providedoutside the regular working hours referred to in Recommended Practice 7.2, they should be provided on terms which shall be moderate and not exceed the actual cost of the services rendered.
4. Standard. Where the volume of traffic at a port warrants, public authorities shallensure that services are provided for the accomplishment of the formalities in respect of cargo and baggage, regardless of value or type.
5. Recommended Practice. Contracting Governments should endeavour to make

arrangements whereby one Government will permit another Government certain facilities before or during the voyage to examine ships, passengers, crew, baggage, cargo and documentation for customs, immigration, public health, plant and animal quarantine purposes when such action will facilitate clearance upon arrival in the latter State.

C.

7.8.

engaged in

Emergency assistance

Standard. Public authorities shall facilitate the arrival and departure of ships

disaster relief work;

the rescue of persons in distress at sea in order to provide a place of safety for such persons;

the combating or prevention of marine pollution; or

other emergency operations designated to enhance maritime safety, the safety of life at sea, the safety of the population or the protection of the marine environment.

1. Standard. Public authorities shall, to the greatest extent possible, facilitate the entryand clearance of persons, cargo, material and equipment required to deal with situations described in Standard 7.8.
2. Standard. Public authorities shall grant prompt customs clearance of specialized

equipment needed to implement security measures.

D.

7.11.

National facilitation committees

Recommended Practice. Each Contracting Government should consider

establishing, in close cooperation with the maritime industry, a national maritime transport facilitation programme based on the facilitation requirements of this annex and ensure that the objective of its facilitation programme should be to adopt all practical measures to facilitate the movement of ships, cargo, crews, passengers, mail and stores, by removing unnecessary obstacles and delays.

7.12. Recommended Practice. Each Contracting Government should establish a national

maritime transport facilitation Committee or a similar national coordinating body, for the encouragement of the adoption and implementation of facilitation measures, between governmental departments, agencies and other organizations concerned with, or responsible for, various aspects of international maritime traffic, as well as port authorities, port facilities and terminals and shipowners.

GENERAL DECLARATION

(IMO FAL Form 1)

	Arrival		Departure
1.1 Name and type of ship	1.2 IMO number
1.3 Call sign	1.4 Voyage number
2. Port of arrival/departure	3. Date and time of arrival/departure
4. Flag State of ship	5. Name of master	6. Last port of call/Next port of call
7. Certificate of registry (Port; date; number)	8. Name and contact details of ship’s agent
9. Gross tonnage	10. Net tonnage
11. Brief particulars of voyage (previous and subsequent ports of call; underline where remaining cargo will be discharged)
12. Brief description of the cargo
13. Number of crew	14. Number of passengers	15. Remarks
Attached documents (indicate number of copies)
16. Cargo Declaration	17. Ship’s Stores Declaration
18. Crew List	19. Passenger List	20. The ship’s requirements in terms of waste and residue reception facilities
21. Crew’s Effects Declaration (only on arrival)	22. Maritime Declaration of Health (only on arrival)
23. Date and signature by master, authorized agent or officer

For official use

CARGO DECLARATION

(IMO FAL Form 2)

	Page Number
		Arrival		Departure
1.1 Name of ship	1.2 IMO number
1.3 Voyage number	2. Port where report is made
3. Flag State of ship	4. Name of master
5. Port of loading/Port of discharge
6. Marks and Numbers	7. Number and kind of packages; description of goods or, ifavailable, the HS Code	8. Gross Weight	9. Measurement
10. Date and signature by master, authorized agent or officer

B/L No.

SHIP’S STORES DECLARATION

(IMO FAL Form 3)

	Page Number
		Arrival		Departure
1.1 Name of ship	1.2 IMO number
1.3 Call sign	1.4 Voyage number
2. Port of arrival/departure	3. Date of arrival/departure
4. Flag State of ship	5. Last port of call/Next port of call
6. Number of persons on board	7. Period of stay
8. Name of article	9. Quantity	10. Location on board	11. Official use
12. Date and signature by master, authorized agent or officer

CREW’S EFFECTS DECLARATION

(IMO FAL Form 4)

	Page Number
1.1 Name of ship	1.2 IMO number
1.3 Call sign	1.4 Voyage number
2. Flag State of ship
3. No.	4. Family name	5. Given names	6. Rank or rating	7. Effects ineligible for relief from customs dutiesand taxes or subject to prohibitions or restrictions	8. Signature
9. Date and signature by master, authorized agent or officer

CREW LIST

93

(IMO FAL Form 5)

	Page Number
		Arrival		Departure
1.1 Name of ship	1.2 IMO number	1.3 Call sign	1.4 Voyage number
2. Port of arrival/departure	3. Date of arrival/departure	4. Flag State of ship	5. Last port of call
6. No.	7. Family name	8. Given names	9. Rank or rating	10. Nationality	11. Date of birth	12. Place of birth	13. Gender
14. Nature of identity document
15. Number of identity document
16. Issuing State of identity document
17. Expiry date of identity document
18. Date and signature by master, authorized agent or officer

PASSENGER LIST

94

(IMO FAL Form 6)

		Arrival		Departure	Page Number
1.1 Name of ship	1.2 IMO number	1.3 Call sign
1.4 Voyage number	2. Port of arrival/departure	3. Date of arrival/departure	4. Flag State of ship
5. Family name	6. Given names	7. Nationality	8. Date of birth	9. Place of birth	10. Gender	11. Type of identity or travel document	12. Serialnumber of identity or travel document	13. Issuing State ofidentity or traveldocument
14. Expiry date of identity or travel document
15. Port of embarkation
16. Visa number if appropriate
17. Port of disembarkation
18. Transit passenger or not
19. Date and signature by master, authorized agent or officer

DANGEROUS GOODS MANIFEST

(IMO FAL Form 7)

95

(As required by SOLAS 74, chapter VII, regulations 4.2 and 7-2.2, MARPOL, Annex III, regulation 4.2 and chapter 5.4, paragraph 5.4.3.1 of the IMDG Code)

	Page Number
1.1 Name of ship	1.2 IMO number	1.3 Call sign
1.4 Voyage number	2. Flag State of ship	3. Port of loading	4. Port of discharge
5. Stowage Position	6. Reference Number	7. Marks & Numbers- Freight container Identification No(s) – Vehicle registration No(s).	8. UNNumber	9. Proper Shipping Name\(Technical Specifications)	10. Class/ (Subsidiary Risk(s))	11. Packing Group	12. Additional Information/ Marine Pollutant/ Flash point/ etc.
13. Number and kind of packages
14. Mass (kg) or Volume (L)
15.EmS
16. Shipping Agent
16.1 Place and date
Signature of Agent

THIRD SCHEDULE

(Sections 11(1)(b)(iii))

Pre-arrival Documents

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART A

FORM 1

Advanced Notification Form for Waste Delivery to Port Reception Facilities

Notification of the Delivery of Waste to:

(Name of port or terminal)

The master of a ship should forward the information below to the designated authority at least 1 hour in advance of arrival or on departure of the previous port if the voyage is less than 24 hours from within the domestic space and 24 hours from outside the domestic space.

This form shall be retained on board the vessel along with the appropriate Oil RB, Cargo RB or Garbage RB.

1. SHIP PARTICULARSDELIVERY FROM SHIPS (ANF)
   1.1 Name of ship:1.2 IMO number:1.3 Gross tonnage:1.4 Type of ship:Oil tanker Chemical tanker
   Bulk carrier Container
   Other cargo ship Passenger shipRo-ro Other (specify)1.5 Owner or master:1.6 Distinctive number or letters:1.7 Flag State:
   Third Schedule – (Cont’d)
2. PORT AND VOYAGE PARTICULARS
   2.1 Location/Terminal name and POC:2.2 Arrival Date and Time:2.3 Departure Date and Time:2.4 Last Port and Country:2.5 Next Port and Country (if known):2.6 Last Port where waste was delivered:2.7 Date of Last Delivery:2.8 Next Port of Delivery (if known):2.9 Person submitting this form is (if other than the master):
3. TYPE AND AMOUNT OF WASTE FOR DISCHARGE TO FACILITY

MARPOL Annex I – Oil	Quantity (m3)
Oily bilge water
Oily residues (sludge)
Oily tank washings
Dirty ballast water
Scale and sludge from tank cleaning
Other (please specify)
MARPOL Annex II – NLS	Quantity (m3)/Name1
Category X substance
Category Y substance
Category Z substance
OS – other substances

1 Indicate the proper shipping name of the NLS involved.

Third Schedule – (Cont’d)

MARPOL Annex IV – Sewage	Quantity (m3)
MARPOL Annex V – Garbage	Quantity (m3)
A. Plastics
B. Food wastes
C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, crockery, etc.)
D. Cooking oil
E. Incinerator ashes
F. Operational wastes
G. Cargo residues2
H. Animal carcass(es)
I. Fishing gear
MARPOL Annex VI – Air pollution	Quantity (m3)
Ozone-depleting substances and equipment containing such substances
Exhaust gas-cleaning residues

2 Indicate the proper shipping name of the dry cargo.

Third Schedule – (Cont’d)

Name of ship: IMO number:

Please state below the approximate amount of waste and residues remaining on board and the percentage of maximum storage capacity. If delivering all waste on board at this port please strike through this table and tick the box below. If delivering some or no waste, please complete all columns.

I confirm that I am delivering all the waste held on board this vessel (as shown on page 1) at this port

Type	Maximum dedicated storage capacity (m3)	Amount of waste retained on board (m3)	Port at which remaining waste will be delivered (if known)	Estimate amount of waste to be generated between notification and next port of call (m3)
MARPOL Annex I – Oil
Oily bilge water
Oily residues (sludge)
Oily tank washings
Dirty ballast water
Scale and sludge from tank cleaning
Other (please specify)
MARPOLAnnex II – NLS3
Category X substance
Category Y substance
Category Z substance
OS – other substances

3 Indicate the proper shipping name of the NLS involved.

Third Schedule – (Cont’d)

Type	Maximum dedicated storage capacity (m3)	Amount of waste retained on board (m3)	Port at which remaining waste will be delivered (if known)	Estimate amount of waste to be generated between notification and next port of call (m3)
MARPOL Annex IV – Sewage
Sewage
MARPOL Annex V – Garbage
A. Plastics
B. Food wastes
C. Domestic waste (e.g. paper products, rags, glass, metal, bottles, crockery, etc.
D. Cooking oil
E. Incinerator ashes
F. Operational wastes
G. Cargo residues4
H. Animal carcass(es)
I. Fishing gear

Name and Position Signature

Date Time

4 Indicate the proper shipping name of the dry cargo.

Third Schedule – (Cont’d)

(Section 11(1)(b)(iv) and 25)

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 2

List of Ports of Calls

Arrival Departure

Name of Ship	Port of Arrival/Departure	Date of Arrival/Departure
Nationality of Vessel	Next Port
No.	Name of Port	Country	Date of Arrival	Date of Departure
1
2
3
4
5
6
7
8
9
10

Name of Master Signature by Master, Authorized Agent or Officer

Ship’s Stamp

Date

Third Schedule – (Cont’d)

(Section 11(1)(b)(v))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 3

Maritime Declaration of Health

To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.

Submitted at the port of: Date: Name of ship or inland navigation vessel: Registration/IMO No.: Arriving from: Sailing to: (Nationality)/(Flag of vessel): Master’s name: Gross tonnage (ship): Tonnage (inland navigation vessel):

Valid Sanitation Control Exemption/Control Certificate carried on board?

Yes No

Issued at: Date:

Re-inspection required?

Has ship/vessel visited an affected area identified by the World Health Organization?

Yes No

Yes No

Port and date of visit:

List ports of call from commencement of voyage with dates of departure, or within past thirty days, whichever is shorter:

On the request of the competent authority at the port of arrival, list crew members, passengers or other persons who have joined ship/vessel since international voyage began or within past thirty days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):

1. Name: joined from: (1)(2)
   (3)
2. Name: joined from: (1) (2) (3)
3. Name: joined from: (1) (2) (3)

Number of crew members on board: Number of passengers on board:

Third Schedule – (Cont’d)

Health questions

1. Has any person died on board during the voyage otherwise than as a result ofaccident?Yes No
   If yes, state particulars in attached schedule. Total no. of deaths
2. Is there on board or has there been during the international voyage any case of diseasewhich you suspect to be of an infectious nature? If yes, state particulars in attached schedule.Yes No
3. Has the total number of ill passengers during the voyage been greater than normal/expected?
   How many ill persons?
4. Is there any ill person on board now?
   If yes, state particulars in attached schedule.
5. Was a medical practitioner consulted?Yes No
   Yes No
   Yes No
   If yes, state particulars of medical treatment or advice provided in attached schedule.
6. Are you aware of any condition on board which may lead to infection or spread of disease?
   If yes, state particulars in attached schedule.Yes No
7. Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination)been applied on board?Yes No
   If yes, specify type, place and date:
8. Have any stowaways been found on board?Yes NoIf yes, where did they join the ship? (if known)
   
9. Is there a sick animal or pet on board?
   Yes No
   Note: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the existence of a disease of an infectious nature:
   1. fever, persisting for several days or accompanied by:
      1. prostration;
      2. decreased consciousness;
      3. glandular swelling;
      4. jaundice;
      5. cough or shortness of breath;
      6. unusual bleeding; or
      7. paralysis.
   2. with or without fever:
      1. any acute skin rash or eruption;
      2. severe vomiting (other than sea sickness);
      3. severe diarrhoea; or
      4. recurrent convulsions.

I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.

Signature of Master Countersignature Ship’s Surgeon (if carried)

Date

Third Schedule – (Cont’d)

ATTACHMENT TO MARITIME DECLARATION OF HEALTH

Name	Class or rating	Age	Sex	Nationality	Port, date joined ship/vessel	Nature of illness	Date of onset of symptoms	Reported to a port medical officer?	Disposal of case 1	Drugs, medicines, or other treatment given to patient	Comments

106

1 State: (1) whether the person recovered, is still ill or died; and

(2) whether the person is still on board, was evacuated (including the name of the port or airport), or was buried at sea.

(Section 11(1)(b)(vi))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 4

International Certificate of Vaccination or Prophylaxis

This is to certify that , ,

name

sex

born on , national of , as evidenced by national

date of birth

nationality

identification document no., whose signature follows

signature

has on the date indicated been vaccinated or received prophylaxis against:

in accordance with the International

name of disease or condition

Health Regulations.

Third Schedule – (Cont’d)

Vaccine or prophylaxis	Date	Signature and professional status of supervising clinician	Manufacturer and Batch No. of vaccine or prophylaxis	Certificate valid from (DD/MM/YYYY)until (DD/MM/YYYY)	Official stamp of administering centre
1.
2.
3.
4.

This certificate is valid only if the vaccine or prophylaxis used has been approved by the World Health Organization.

This certificate must be signed in the hand of the clinician, who shall be a medical practitioner or other authorized health worker, supervising the administration of the vaccine or prophylaxis. The certificate must also bear the official stamp of the administering centre; however, this shall not be an accepted substitute for the signature.

Any amendment of this certificate, or erasure, or failure to complete any part of it, may render it invalid.

The validity of this certificate shall extend until the date indicated for the particular vaccination or prophylaxis. The certificate shall be fully completed in English or in French. The certificate may also be completed in another language on the same document, in addition to either English or French.

(Section 11(1)(b)(vii))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 5

Yellow Fever Vaccination List

	Family Name	Given Name	Rank	Nationality	Date of Birth	Yellow Fever Vaccination Date	Expiry
1
2
3
4
5
6
7
8

Name of Master

Ship’s Stamp

Third Schedule – (Cont’d)

(Section 11(1)(b)(viii))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 6

Standard Data Set of Security-Related Information

1. Particulars of the ship and contact details
   1. IMO Number1, 2:
   2. Name of ship1, 2:
   3. Port of registry1, 2:
   4. Flag State1, 2:
   5. Type of ship1:
   6. Call Sign:
   7. Inmarsat call numbers3:
   8. Gross Tonnage1:
   9. Name of Company1, 2:
   10. IMO Company identification number2:
   11. Name and 24-hour contact details of the Company Security Officer4:

1. Port and port facility information
   1. Port of arrival and port facility where the ship is to berth, if known:
   2. Expected date and time of arrival of the ship in port (paragraph B/4.39.3 of the ISPS Code):
   3. Primary purpose of call:
2. Information required by SOLAS regulation XI-2/9.2.1
   1. The ship is provided (SOLAS regulation 9.2.1.1) with a valid:
      • International Ship Security Certificate
      • Interim International Ship Security Certificate
        Yes No
        Yes No
        1. The certificate indicated in 3.1 has been issued by(Name of the Contracting
           and which expires onGovernment1, 2 or the Recognized Security Organization1, 2).(Date of expiry1)
        2. If the ship is not provided with a valid International Ship Security Certificate or a valid Interim International Ship Security Certificate, explain why.
        
        3.1.2.1 Does the ship have an approved ship security plan on board?Yes No
        Third Schedule – (Cont’d)
        1. Current security level (SOLAS regulation XI-2/9.2.1.2):
           1. Location of the ship at the time the report is made (paragraph B/4.39.2 of the ISPS Code):
        2. List the last ten calls, in chronological order with the most recent call first, at port facilities at which the ship conducted ship/port interface5 together with the security level at which the ship operated (SOLAS regulation XI-2/9.2.1.3):
           
           No.Date
           Port, Country, Port Facility and UNLOCODE3
           Security levelFrom6To6
           1. Did the ship, during the period specified in 3.3, take any special or additional security measures, beyond those specified in the approved ship security plan?Yes No
           2. If the answer to 3.3.1 is YES, for each of such occasions please indicate the special or additional security measures which were taken by the ship (SOLAS regulation XI-2/9.2.1.4):
              
              No.Date
              Port, Country, Port Facility and UNLOCODE3
              Special or additional security measuresFrom6To6
              Third Schedule – (Cont’d)
        3. List the ship-to-ship activities7, in chronological order with the most recent ship-to- ship activity first, which have been carried out during the period specified in 3.3:Not applicable
           
           No.Date
           Location or Latitude and Longitude
           Ship-to-ship activityFrom6To6
           1. Have the ship security procedures, specified in the approved ship security plan, been maintained during each of the ship-to-ship activities specifiedin 3.4 (SOLAS regulation XI-2/9.2.1.5)?Yes No
           2. If the answer to 3.4.1 is NO, identify the ship-to-ship activities for which the ship security procedures were not maintained and indicate, for each, the security measures which were applied in lieu:
              
              No.Date
              Security measures applied
              Ship-to-ship activityFrom6To6
        4. Provide a general description of cargo aboard the ship (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.5 of the ISPS Code):
           
           1. Is the ship carrying any dangerous substances8 as cargo?
              Yes No
           2. If the answer to 3.5.1 is YES, provide details or attach a copy of the Dangerous Goods Manifest (IMO FAL Form 7).
              Third Schedule – (Cont’d)
        5. A copy of the ship’s Crew List (IMO FAL Form 5) is attached (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.4 of the ISPS Code)
        6. A copy of the ship’s Passenger List (IMO FAL Form 6) is attached (SOLAS regulation XI-2/9.2.1.6 and paragraph B/4.39.6 of the ISPS Code)
3. Other security-related information
   1. Is there any security-related matter you wish to report?Yes No
      4.1.1 If the answer to 4.1 is YES, provide details9:
4. Agent of the ship at the intended port of arrival
   1. Name and contact details (telephone number) of the agent of the ship at the intended port of arrival:
5. Identification of the person providing the information
   1. Name:
   2. Title or position10:
   3. Signature: This report is dated at on .

(place)

(time and date)

EXPLANATORY NOTES

1. As appearing on the ship’s International Ship Security Certificate or the ship’s Interim International Ship Security Certificate.
2. If a copy of the ship’s current Continuous Synopsis Record (CSR) is submitted there is no need to complete this entry.
3. If available.
4. Refer to paragraph 27 of the Guidance relating to the implementation of SOLAS chapter XI-2 and of the ISPS Code (MSC/Circ.1132).
5. Ship/port interface means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship (SOLAS regulation XI-2/1.1.8).
6. Provide the date.
7. Ship-to-ship activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another (SOLAS regulation XI-2/1.1.10).
   Information would not normally be required to include records of transfers of pilots or of customs, immigration or security officials nor bunkering, lighting, loading of supplies and unloading of waste by ship within port facilities as these would normally fall within the auspices of the Port Facility Security Plan (PFSP) (paragraph B/4.38 of the ISPS Code).
   Ascertaining whether these activities fall within the PFSP should form part of the dialogue between the Ship Security Officer and the Port Facility Security Officer. It should be remembered that the physical boundaries of port facilities may not always coincide with the boundaries of the port or harbour authority.
   Third Schedule – (Cont’d)
8. Dangerous substances as cargo means the carriage of substances, materials and articles covered by the IMDG Code and falling under the following classes of dangerous goods irrespective of whether these are carried in bulk or packaged form:
   • Class 1: Explosives
   • Class 2.1: Flammable gas
   • Class 2.3: Toxic gases
   • Class 3: Flammable liquids
   • Class 4.1: Flammable solids, self-reactive substances and desensitized explosives
   • Class 5.1: Oxidizing substances
   • Class 6.1: Toxic substances
   • Class 6.2: Infectious substances
   • Class 7: Radioactive material
   • Class 8: Corrosive substances
     This information may be extracted from the Dangerous Goods Manifest (IMO FAL Form 7) or the whole Dangerous Goods Manifest may be submitted.
9. Other security-related matters include but are not limited to the carriage of stowaways or any persons rescued at sea. When reporting stowaways please see the Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases adopted by the Organization with resolution A.871(20). This resolution provides in the Appendix to the Annex a Stowaway details report which should be completed and forwarded to the extent that is practically possible. When reporting persons rescued at sea please see the guidance provided in paragraph B/4.38.3 of the ISPS Code.
10. Master, Ship Security Officer, Company Security Officer or Agent of the ship at the intended port of arrival.

(Section 11(1)(b)(ix))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 7

Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate

Port of Date:

This Certificate records the inspection and 1) exemption from control or 2) control measures applied Name of ship or inland navigation vessel

Flag Registration/IMO No. At the time of inspection the holds were unladen/laden with tonnes of cargo Name and address of inspecting officer

Third Schedule – (Cont’d)

Ship Sanitation Control Exemption Certificate

Areas, [systems, and services] inspected	Evidence found1	Sample results2	Documents reviewed
Galley			Medical log
Pantry			Ship’s log
Stores			Other
Hold(s)/cargo
Quarters:
-crew
– officers
– passengers
– deck
Potable water
Sewage
Ballast tanks
Solid and medical waste
Standing water
Engine room
Medical facilities
Other areas specified – see attached
Note areas not applicable, by marking N/A

No evidence found. Ship/vessel is exempted from control measures.

Name and designation of issuing officer Signature and seal Date

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health).

2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re-inspection is required, to the next appropriate port of call coinciding with the re-inspection date specified in this certificate.

Sanitation Control Exemption Certificates and Sanitation Control Certificates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Ship Sanitation Control Certificate

Control measures applied	Re-inspection date	Comments regarding conditions found

No evidence found. Ship/vessel is exempted from control measures.

Name and designation of issuing officer Signature and seal Date

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health).

2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re- inspectionis required, to the next appropriate port of callcoinciding with the re-inspection date specified in this certificate.

Sanitation Control Exemption Certificates and Sanitation Control Certificates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

122

Third Schedule – (Cont’d)

Attachment to Model Ship Sanitation Control Exemption Certificate/ Ship Sanitation Control Certificate

Areas/facilities/ systems inspected1	Evidence found	Sample results	Documents reviewed	Control measures applied	Re-inspection date	Commentsregarding conditions found
Food
Source
Storage
Preparation
Service
Water
Source
Storage
Distribution
Waste
Holding
Treatment
Disposal
Swimming pools/spas
Equipment
Operation
Medical facilities
Equipment and medical devices
Operation
Medicines
Other areas inspected

1 Indicate when the areas listed are not applicable by marking N/A.

(Section 11(1)(b)(x))

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM 8

Dispatch-ID

LETTER BILL

Bulk mail

CN 32

Operators	Origin		Previousnumber
Destination
Origin OE and IMPC code	Destination OEand IMPC code	Category	Sub-class	Year	Dispatch No.	Date
Transportation

CN 44 trial note attached

1 Receptacle labels and types

Receptacle labels	Receptacle types	Bags	Trays	Others	Total
Number of labels	Red	Violet	Receptacles in mail
Total weight		Receptacles to be returned
Empty receptacles being returned

Third Schedule – (Cont’d)

1. Number of items and weight per format
   FormatNumber of receptaclesWeightNumber of itemsP or SGEMixed mail
2. Identified items
   Number ofNumber ofNumber ofNumber ofNumber ofTotalreceptaclesinnerspecial listsitems subjectitems exemptnumbercontainingpacketsto additionalfrom additionalofcontainingterminal duesterminal duesitemsRegistered itemsInsured itemsTracked items
3. Miscellaneous information
   Number of CN 65 bills Presence of COD: unregistered items registered items
   Dispatching office of exchange signature Office of exchange of destination signature
   (Section 11(1)(b)(xi))
   Facilitation of International Maritime Traffic Act, 2021(Act 2021- )
   FORM 9
   Ship Particulars
   1. Name of ship2. Flag3. IMO number4. Type of Ship5. Gross Tonnage6. Net Tonnage7. Year of Build8. Builder9. Deadweight10. Lightship weight11. Draught12. Speed
   Third Schedule – (Cont’d)
   (Sections 11(1)(b), 15(1) and (2), 25(b), and 37(2))
   Facilitation of International Maritime Traffic Act, 2021(Act 2021- ) PART B FORM 1Advanced Passenger Information
   1. Data relating to the voyage
      1. (Ship) IdentificationIMO or registration number.
      2. RegistrationShip registration number.
      3. Country of RegistrationCountry where ship is registered.
      4. Agent or OwnerName of agent for the ship or, where no agent, name of owner.
      5. Call Sign (if applicable)
      6. Scheduled Departure DateDate of scheduled departure of ship based on local time of departure from location.
      7. Scheduled Departure TimeTime of scheduled departure of ship based on local time of departure from location.
      8. Scheduled Arrival DateDate of scheduled arrival of ship based on local time of arrival at location.
      9. Scheduled Arrival TimeTime of scheduled arrival of ship based on local time of arrival at location.
      10. Last Place or Port of Call of ShipShip departed from this last place or port of call to go to a place or port of call.
      11. Place or Port of Initial Arrival of ShipPlace or port of call in the country of destination where the ship arrives from the last place or port of call of ship initial arrival.
      12. Subsequent Place or Port of Call Within the Country or Domestic Space
      13. Number of Passengers on Board ShipTotal number of passengers on board ship.
      14. Number of Crew Members on Board Ship
      Total number of crew on board ship.
      
      Third Schedule – (Cont’d)
   2. Data relating to each individual on board a ship
      Core Data Elements of the Official Travel Documents
      1. Official Travel Document NumberPassport or other official travel document number.
      2. Issuing State or Organisation of the Official Travel DocumentName of the state or organisation responsible for the issuance of the official travel document.
      3. Official Travel Document TypeIndicator to identify type of official travel document.
      4. Expiration Date of Official Travel DocumentExpiration date of the official travel document.
      5. Surname and Given Name(s)Family name and given name(s) of the holder as they appear on the official travel document.
      6. NationalityNationality of the holder of the travel document.
      7. Date of BirthDate of birth of the holder of the travel document.
      8. GenderGender of the holder of the travel document.
      9. Place of BirthPlease give City and Country of birth.
      10. Place or Port of Original EmbarkationPlace or port on that journey where traveller first boarded for foreign travel.
      11. Place or Port of ClearancePlace or port where the traveller is cleared by the border control agencies.
      12. Place or Port of Onward Foreign DestinationForeign place or port where the traveller is transiting.
      13. Passenger Name Record (PNR) DataAs available in the traveller’s Passenger Name Record (PNR) in the carrier’s Reservation System including all historical changes to the PNR listed. Must include:
          1. PNR record locator
          2. Date of reservation or issue of ticket
          3. Date(s) of intended travel
          4. Surname and Given Name(s)
          5. Address and contact information (telephone number, e-mail address)
          6. All forms of payment information, including billing address
          7. Complete travel itinerary for specific PNR
          8. Frequent flyer information
          9. Travel agency or travel agent
             Third Schedule – (Cont’d)
          10. Travel status of passenger, including confirmations, check-in status, no show or go show information
          11. Split or divided PNR information
          12. General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
          13. Ticketing field information, including ticket number, date of ticket issuance and one-way tickets, Automated Ticket Fare Quote fields
          14. Seat number and other seat information
          15. Code share information
          16. All baggage information
          17. Number and other names of travellers on PNR
          18. Any Advanced Passenger Information (API) data collected
          19. All historical changes to the PNR listed in numbers 1 to 18
   3. Additional Data
      
      1. Visa Number (if applicable)
      2. Place of Issue of the visaPlace where visa was issued
      3. Date of Issue of the visaDate when visa was issued
      4. Other Document Number used for Travel (if applicable)The other document number used for travel when the official travel document is not required
      5. Other Document Number used for Travel (if applicable)Type of other document used for travel (supporting travel document)
      6. Primary Residence
      Country of primary residence(Country where passenger resides most of the year)Address(location identification such as: street name and number) CityState/Province/Country Postal Code
      Third Schedule – (Cont’d)
   4. Data relating to the Reporting Party
      Reporting Party Name
      Reporting Party Telephone Number Reporting Party Facsimile Number Reporting Party Electronic Mail Address
      (Section 11(1)(b)(ii))
      Facilitation of International Maritime Traffic Act, 2021(Act 2021- )
      FORM 2
      Advanced Cargo Information Electronic Manifest Management Asycuda
      1. Maritime Cargo Data Messages
         Cargo Manifest:To be submitted by master or ship agent
         Master Waybill:To be submitted by master or ship agent
         House Waybill:To be submitted by Freight Forwarded or Representatives
         Response Message:To be handled by the filing party
         Third Schedule – (Cont’d)
      2. Cargo for Discharge in Barbados
         Data relating to the Manifest
         Data relating to the Manifest:
         Voyage number(A number assigned by local Shipping Agent for ships)
         Date and Time of submission Carrier(Name of ship)
         Scheduled Departure Date(Date of departure of ship)
         Scheduled Arrival Date(Date of arrival of ship)
         Scheduled Arrival Time(Time of arrival of ship)
         Place of Departure(The last foreign port or place of call for ship)
         Destination(Port or place in the country of destination where the ship first reports)
         Subsequent Place or Port of call within the country (Optional)
         Agent: NameAuthorised representative of the ship (where available)
         Owner(Name of owner of ship)
         Transport: Mode(The manner in which the goods are imported or exported)
         Transport: Name(Name of the importing or exporting ship)
         Transport: Nationality(Nationality of ship as determined by its port of registry)
         Transport: Place (Optional)(Port of registry)
         Registration (Optional)(International registration number including, in respect of ships, the International Maritime Organisation or Lloyd’s registration number)
         Master (Optional)(Name of ship’s captain)
         Total: Bills Total: PackagesTotal: Containers
         Third Schedule – (Cont’d)
         Total: Gross (Optional)
         Tonnage: Net(Ship’s registered tonnage)
         Date of last discharge (Optional)(Date ship last discharged cargo at any port)
      3. Data relating to Container Management
         Container: Number(The BIC identification number of containers)
         Container: Type(Type of containers e.g. 20 feet, refrigerated)
         Empty/Full Indicator(Whether full container load or less than container load)
         Seals(The number of the security seal(s) affixed to the container door)
         Marks(Marks or numbers of the seal(s) affixed to the container door)
         Sealing Party(The authority that affixed the seal(s) to the containers)
         Total Containers
         Transport Document Reference Number
      4. Data relating to individual Bills of Lading

Manifest Line Number

(Number indicating the order of bills of lading on a manifest)

Transport Document Type

(Type of document issued by ship, bills of lading or waybills)

Transport Document Reference Number Purpose of Shipment

(Whether for import, export, in transit or transhipment)

Unique Cargo Reference (Optional) Place of loading

Place of discharge Exporter Exporter Address Consignee

Notify

(Either the consignee or the name and phone number of the representative)

Total Containers Packages: Kind

Packages: Marks and Numbers

Third Schedule – (Cont’d)

Quantity: Package Quantity: Gross Mass

Volume: Cubic Measurement (cbm)

Description of Goods

(pursuant to applicable law)

Freight Indicator

(payment status, whether prepaid or payment on collection)

Amount and Currency Values:

Customs (Optional)

Insurance (Optional) Freight (Optional) Additional Seals Additional Information

ADVANCED CARGO INFORMATION ELECTRONIC MANIFEST MANAGEMENT ASYCUDA CARGO MANIFEST DATA FIELDS

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
1	Office of departure or arrival	Code of the Customs Departmentfiling of departure or arrival	YES
2	Voyage number	Voyage number which uniquely identifies the current journey of the means of transport	YES
3	Date of departure	Date when the ship leaves the place of departure	YES
4	Time of departure	Estimated time when the ship departs the place of departure	YES
5	Date of arrival	Estimated date when the ship arrives at the place of destination	YES
6	Time of arrival	Estimated time when the ship arrives at the place of destination	YES
7	Place of departure	Place (LOCODE) where current voyage begins on the ship	YES
8	Place of destination	Place (LOCODE) where current voyage ends on the ship	YES
9	Port of last call	The place of (LOCODE) where the ship last reported before docking at the place of arrival.	YES

Third Schedule – (Cont’d)

SHIPPING INFORMATION

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
10	Ship code	Ship code assigned to the party undertaking the transport of the goods	YES
11	Agent	Code of the agent in charge of the ship reporting during the stay in port	YES

TOTALS

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
12	Bills	Total number of waybills on manifest	YES
13	Packages	Total number of packages on manifest	YES
14	Vehicles	Total number of motor vehicles on manifest	YES
15	Containers	Total number of containers on manifest	YES
16	Gross Weight	Total gross weight contained in the manifest	YES

TRANSPORT

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
17	Mode	Identifying the mode of transport	YES
18	Nationality	Flag or Nationality of means of transport	YES
19	Identity	Name of ship	YES
20	Registration	Registration number of ship	YES
21	Place	Port where the ship was registered	NO
22	Date	Date of discharge	NO
23	Master or Commander	Name of Master or Commander of the ship	YES

TONNAGE

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
24	Gross Tonnage	Net tonnage plus maximum allotted cargo weight per voyage	YES
25	Net Tonnage	Carrier’s base weight
26	Office of destination	Office of destination. Code of the Customs Department of destination in case of transit	Conditional or Optional

Third Schedule – (Cont’d)

CO-LOADER

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
27	Co-loader code	Carrier code of the party sharing the ship or aircraft when multiple parties involved	Conditional or Optional

WAYBILL SEGMENT: Bill of lading

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
28	Office Code	The Code of the Department

General Information

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
29	Waybill reference number	This is the “Identifier” of the transport document. This is the referenceassignedbythecarrieror agent (e.g. bill of lading; it is unique in the manifest)	YES
30	Waybill type	Alphanumeric code for the type of transport document	YES

General Information – (Concl’d)

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
31	Nature	Code of the document: export-22, import-23,transit-24,transhipment- 28, FROB-26	YES
32	Waybill line	The ‘line number’ is a sequence number used to identify each item-bill of lading in the manifest	YES
33	Previous document	Reference of the previous document (master waybill) when consolidated cargo	Conditional or Optional
34	UCR	Unique consignment reference number	NO
35	Place of loading	Place (LOCODE) where the goods were orignally loaded on the ship	YES
36	Place of unloading	Place (LOCODE) where the goods will be ultimately unloaded or discharged from the ship	YES
37	FAS/Liner	Termsofconditionfortransported goods (accepted values F or L)	YES

Third Schedule – (Cont’d)

CARRIER

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
38	Carrier	Carrier code, name and address of the party undertaking the transport of the goods.	YES
39	Carrier Name	The name of the shipping line transporting cargo to and from Barbados	YES
40	Carrier Address	The address of the shipping line transporting cargo to and from Barbados	YES
41	Shipping agent	Code of the shipping agent in charge of the ship management during the stay in port	YES

EXPORTER OR SHIPPER

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
42	Exporter code	Exporter code	NO
43	Name of Exporter	Name of Exporter	YES
44	Address of Exporter	Address of Exporter	YES

TRANSPORT

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
45	Place of loading on current transport	Place (LOCODE) where the goods were loaded on current transport (if there was a change of ship, it would be recorded here)	YES or Optional
46	Place of discharge from current transport	Place (LOCODE) where the goods will be discharged from current transport (if there was further transhipment to be done, it would be recorded here)	YES or Optional

NOTIFY

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
47	Notify code	Code of the notifying party	NO
48	Notify name	Name of the notifying party	YES
49	Notify address	Address of the notifying party	YES

Third Schedule – (Cont’d)

CONSIGNEE

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
50	Consignee	Consignee code (TIN)	NO or Optional
51	Consignee name	Name of the consignee	YES
52	Consignee address	Full address of the consignee	YES

GOOD DETAILS

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
53	Total containers	Total number of containers for this transport document	YES
54	Packages codes	Kind of packages (packaging type code)	YES
55	Marks and Ndr	Marks and numbers	YES
56	Manifested packages	Number of packages as indicated on the waybill	YES
57	Total vehicles	Total number of vehicles for this waybill	YES

GOOD DETAILS – (Concl’d)

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
58	Manifested gross weight	Gross weight as indicated on the waybill. This field must be accurrately captured as the data are compared to the “Totals” information of the general segment.	YES
59	Volume (CBM)	Volume of the goods in cubic metres	NO or Mandatory
60	Description of goods	Commercial description of the goods from the waybill data (e.g. clothes, machines…)	YES
61	H.S. Code	Tariff code for goods	NO or Optional
62	UNDG	Dangerous goods code (UNDG)	Conditional
63	Place of Origin	Place where goods are loaded into container for shipment (free text area)	NO or Optional
64	Place of Destination	Place where goods will be unloaded from container (free text area)	NO or Optional
65	Location	Code of the place where the goods are located in a shed or container park	NO or Optional

Third Schedule – (Cont’d)

DECLARED VALUES AND SEAL DETAILS

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
66	Value or freight code	Value or freight code	YES
67	P/C	Prepaid or collect indicator for the value code	Conditional or Mandatory
68	Freight value amount	Amount of the value code	YES
69	Freight currency	Currency code for the value code	YES
70	Customs value	Customs value of goods	YES or Optional
71	Customs currency	Customs currency code	YES or Optional
72	Insurance value	Insurance cost of the goods	YES
73	Insurance currency	Insurance currency code	YES
74	Transport value	Overall freight cost	YES
75	Transport currency	Overall freight currency code	YES
76	Seal number of seals	Number of seals affixed on non- containerized cargo	Conditional or Optional
77	Marks of seals	Description marks or references number of seals	Conditional or Optional
78	Party	Code of the party having affixed the seals	Conditional or Optional
79	Information	Additional information when required	NO or Optional

CONTAINER SEGMENT

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
80	Container Number	Container number(s) for container(s) relating to waybill	YES
81	Number of packages	Number of packages incontainer	YES
82	Container Type	Container size-type	YES
83	E/F	Empty or Full indicator	YES
84	Seal Number	Quantity of seals affixed and seal numbers (3 fields)	YES or Optional
85	Sealing Party	Party affixing the seals	YES or Optional
86	Empty Weight	Empty weight of container (KG)	YES or Optional
87	Goods Weight	Weight of goods in container(KG)	YES
88	Min. Temp. CE	Minimum temperature in celsius for refrigerated containers	Conditional or Optional
89	Max. Temp. CE	Maximum temperatureincelsius for refrigerated containers	Conditional or Optional
90	Humidity	Temperature in celsius that the goods should be stored	Conditional or Optional
91	Dangerous Code	UNDG code for dangerous goods	Conditional or Optional

Third Schedule – (Cont’d)

CONTAINER SEGMENT – (Concl’d)

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
92	H.S. Code	Tariff Code for goods in container	No or Optional
93	Goods Description	Description of goods in container	YES
94	Container Disposition	(Cargo disposition, accepted values “CY. CFS and P. UNSTUFF). Required only when BL nature 23 and container is not empty	Conditional
95	Volume	Volume of cargo per container	YES
96	Container line code	Code identifying shipping container owner	YES

VEHICLE SEGMENT

No.	DATA FIELDS	DESCRIPTION	MANDATORY
Tracking No.	General Information	General details with respect to voyage and Ship	YES
97	Chassis Number	Chassis number of vehicle	YES
98	Engine Number	Engine number of vehicle	YES or Optional
99	Engine Size	Engine (cc) or (kw)	YES
100	Odometer Reading	Mileage of vehicle	YES or Optional
101	Make or Brand	Make and brand of vehicle	YES
102	Year	Year of manufacture	YES
103	Colour	Colour of vehicle	YES or Optional
104	New or Used	If vehicle new or used	YES or Optional

Third Schedule – (Concl’d)

DATA SUBMISSION TIME FRAME

1. The information set out in the Advanced Cargo Information System Data Fields
   1. for incoming cargo by ship:
      1. containerized cargo: 24 hours before arrival at first port in the country of destination;
      2. bulk or break bulk: 24 hours before arrival at first port in the country of destination;
   2. for outgoing cargo by ship:
      1. containerized cargo: 24 hours before loading at port of departure;
      2. bulk or break bulk: 24 hours before departure to the first port in the country of destination.

FOURTH SCHEDULE

(Sections 11(1)(c), 34(1) and 36) Documents relating to Stowaways

PART A

REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL RESOLUTION OF STOWAWAY CASES

THE FACILITATION COMMITTEE,

HAVING CONSIDERED the general purposes of the Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL Convention), and in particular article III thereof,

RECALLING the provisions of resolution A.1027(26) on Application and revision of the Guidelines on the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution A.871(20)),

RECALLING ALSO that the International Convention Relating to Stowaways, which attempted to establish an internationally acceptable regime for dealing with stowaways, has not yet come into force,

RECALLING FURTHER that it adopted, in accordance with article VII(2)(a) of the FAL Convention, at its twenty-ninth session, on 10 January 2002, amendments to the Convention on Facilitation of International Maritime Traffic, 1965, as amended (resolution FAL.7(29)), which introduced a new section 4 on Stowaways in the annex to the FAL Convention, prescribing Standards and Recommended Practices on matters relating to stowaways (the FAL provisions on stowaways), which entered into force on 1 May 2003,

RECALLING IN ADDITION that, for the purposes of this resolution, a stowaway is defined as a person who is secreted on a ship or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities,

Fourth Schedule – (Cont’d)

NOTING with concern the number of incidents involving stowaways, the consequent potential for disruption of maritime traffic, the impact such incidents may have on the safe operation of ships and the considerable risks faced by stowaways, including loss of life,

NOTING ALSO that several Member States which are also Contracting Governments to the FAL Convention:

1. have notified the Secretary-General, in accordance with article VIII(1) of the FAL Convention (in relation to the Standards specified in section 4 of the annex to the FAL Convention) either that they find it impracticable to comply with the above-mentioned Standards or of differences between their own practices and those Standards; or
2. have not yet notified the Secretary-General, in accordance with article VIII(3) of the FAL Convention, that they have brought their formalities, documentary requirements and procedures into accord in so far as practicable with the Recommended Practices specified in section 4 of the annex to the FAL Convention,
   RECALLING that resolution A.1027(26) expressed conviction of the need to align, to the extent possible and desirable, the Guidelines with the FAL provisions on stowaways and to revise them in a manner that reflects developments in efforts undertaken to prevent stowaways, as well as to provide guidance and recommendations, taking into account the FAL provisions on stowaways, on measures which can be implemented by vessels to prevent cases involving stowaways,
   TAKING INTO ACCOUNT that some stowaways may be asylum seekers and refugees, which should entitle them to such relevant procedures as those provided by international instruments and national legislation,
   BEING AWARE that considerable difficulties continue to be encountered by masters and shipping companies, shipowners and ship operators when stowaways are to be disembarked from ships into the care of the appropriate authorities,
   AGREEING that the existence of such guidance should in no way be regarded as condoning or encouraging the practice of stowing away and other illegal migration, and should not undermine efforts to combat the separate problems of alien smuggling or human trafficking,
   Fourth Schedule – (Cont’d)
   AGREEING ALSO that the provisions of this resolution should, in accordance with resolution A.1027(26), be considered as being of relevance only with respect to:
   1. Member States which are not Contracting Governments to the FAL Convention; and
   2. Member States which are Contracting Governments to the FAL Convention and which:
      1. have notified the Secretary-General, in accordance with article VIII(1) of the FAL Convention (in relation to the Standards specified in section 4 of the annex to the FAL Convention) either that they find it impracticable to comply with the aforementioned Standards or of differences between their own practices and those Standards; or
      2. have not yet notified the Secretary-General, in accordance with article VIII(3) of the FAL Convention, that they have brought their formalities, documentary requirements and procedures into accord in so far as practicable with the Recommended Practices specified in section 4 of the annex to the FAL Convention,

BELIEVING that, at present, stowaway cases can best be resolved through close cooperation among all authorities and persons concerned,

BELIEVING ALSO that, in normal circumstances, through such cooperation, stowaways should, as soon as practicable, be removed from the ship concerned and returned to the country of nationality/citizenship or to the port of embarkation, or to any other country which would accept them,

RECOGNIZING that stowaway incidents should be dealt with humanely by all Parties involved, giving due consideration to the operational safety of the ship and its crew,

WHILST URGING national authorities, port authorities, shipowners and masters to take all reasonable precautions to prevent stowaways gaining access to vessels,

NOTING that the Maritime Safety Committee, at its eighty-eighth session, adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution MSC.312(88)),

NOTING ALSO that, at its thirty-seventh session, it adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution FAL.11(37)),

Fourth Schedule – (Cont’d)

RECALLING that, at its fortieth session, it adopted amendments to the annex to the FAL Convention (resolution FAL.12(40)), which included amendments to section 4 (Stowaways), AGREEING that these amendments should be reflected in the revised guidelines as adopted by resolution FAL.11(37),

NOTING that the Maritime Safety Committee, at its ninety-ninth session, adopted the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases (resolution MSC.448(99)),

1. ADOPTS the Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases, set out in the annex to the present resolution;
2. URGES Governments to implement in their national policies and practices the amended procedures recommended in the annexed Guidelines;
3. ALSO URGES Governments to deal with stowaway cases in a spirit of cooperation with other parties concerned, on the basis of the allocation of responsibilities set out in the annexed Guidelines as from 1 July 2018;
4. INVITES shipping companies, shipowners and ship operators to take on the relevant responsibilities set out in the annexed Guidelines and to guide their masters and crews as to their respective responsibilities in stowaway cases;
5. INVITES Governments to develop, in cooperation with the industry, comprehensive strategies to improve access control and prevent intending stowaways from gaining access to ships;
6. RESOLVES to continue to monitor the effectiveness of the annexed Revised guidelines on the basis of information provided by Governments and the industry, to keep them under review and to take such further action, including the development of a relevant binding instrument, as may be considered necessary in light of the developments;
7. REVOKES resolution FAL.11(37) on Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases;
8. REQUESTS the Assembly to endorse the action taken by the Maritime Safety Committee and the Facilitation Committee.
   Fourth Schedule – (Cont’d)
   REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL RESOLUTION OF STOWAWAY CASES
   1. Introduction
      1. Masters, shipowners, public authorities, port authorities and other stakeholders, including those providing security services ashore, have a responsibility to cooperate to the fullest extent possible in order:
         1. to prevent stowaway incidents; and
         2. to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place; all appropriate measures should be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.
      2. However, no matter how effective port and ship security measures are, it is recognized that there will still be occasions when stowaways gain access to vessels, either secreted in the cargo or by surreptitious boarding.
      3. The resolution of stowaway cases is difficult because of different national legislation in each of the several potentially involved States: the State of embarkation, the State of disembarkation, the flag State of the ship, the State of apparent, claimed or actual nationality/ citizenship or right of residence of the stowaway, and States of transit during repatriation.
   2. Definitions
      For the purpose of these Guidelines, the following meanings shall be attributed to the terms listed:
      1. Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.
      2. Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships, or any other place at which a ship can call.
         Fourth Schedule – (Cont’d)
      3. Public authorities. The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the present Guidelines.
      4. Security measures. Measures developed and implemented in accordance with international agreements to improve security on board ships and in port areas and facilities, and of goods moving in the international supply chain, to detect and prevent punlawful acts.1
      5. Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person acting on behalf of the owner or operator.
      6. Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.
   3. Basic principles
      On the basis of the experience thus far, the application of the following basic principles have been useful in preventing stowaway incidents and have been helpful in the speedy resolution of stowaway cases:
      1. Stowaway incidents should be dealt with in a manner consistent with humanitarian principles. Due consideration must always be given to the operational safety of the ship and to the safety and well-being of the stowaway.
      2. Public authorities, port authorities, shipowners and masters should cooperate to the fullest extent possible in order to prevent stowaway incidents.
         1 Reference is made to chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974, as amended (1974 SOLAS Convention) and the International Ship and Port Facility Security Code, as amended (ISPS Code); and to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 (1988 SUA Convention) and its 2005 Protocol (2005 SUA Protocol).
         Fourth Schedule – (Cont’d)
      3. Shipowners, masters, port authorities and public authorities should have adequate security arrangements in place which, as far as practicable, will prevent intending stowaways from getting aboard a ship or, if this fails, will detect them before the ship leaves port or, at the latest, before it arrives at the next port of call.
      4. Adequate, frequent and well-timed searches minimize the risk of having to deal with a stowaway case and may also save the life of a stowaway who may, for example, be hiding in a place which is subsequently sealed and/or chemically treated.
      5. Public authorities, port authorities, shipowners and masters should cooperate to the fullest extent possible in order to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place. All appropriate measures should be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.
      6. Stowaways arriving at or entering a State without the required documents are, in general, illegal entrants. Decisions on dealing with such situations are the prerogative of the States where such arrival or entry occurs.
      7. Stowaway asylum seekers should be treated in accordance with international protection principles as set out in international instruments, such as the provisions of the United Nations Convention relating to the Status of Refugees of 28 July 1951 and of the United Nations Protocol relating to the Status of Refugees of 31 January 1967 and relevant national legislation.2
      8. Every effort should be made to avoid situations where a stowaway has to be detained on board a ship indefinitely. In this regard States should cooperate with the shipowner in arranging the disembarkation of a stowaway to an appropriate State.
      9. States should accept the return of stowaways who have full nationality/ citizenship status in that State, or have a right of residence in that State.
      10. Where the nationality or citizenship or right of residence cannot be established, the State of the original port of embarkation of a stowaway should accept the return of such a stowaway for examination pending final case disposition.
      
      
      2 In addition, public authorities may wish to consider the non-binding conclusion of the UNHCR Executive Committee on Stowaway Asylum Seekers (1988, No. 53 (XXXIX)).
      Fourth Schedule – (Cont’d)
   4. Preventive measures
      1. Port/terminal authorities

1. States and port and terminal owners, operators and authorities should ensure that the necessary infrastructure, and operational and security arrangements for the purpose of preventing persons attempting to stowaway on board ships from gaining access to port installations and to ships, are established in all their ports, taking into consideration when developing these arrangements the size of the port, and what type of cargo is shipped from the port. This should be done in close cooperation with relevant public authorities, shipowners and shore-side entities, with the aim of preventing stowaway occurrences in the individual port.
2. Operational arrangements and/or port facility security plans should at least be equivalent to those contained in the relevant text of section B/16 of the ISPS Code.3

1. Shipowner/Master
   1. Shipowners and masters should ensure that adequate security arrangements are in place which, as far as practicable, will prevent intending stowaways from getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship leaves port or, at the latest, before it arrives at the next port of call.
   2. When calling at ports and during stay in ports, where there is risk of stowaway embarkation, operational arrangements and/or ship security plans should at least be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code.4
   3. When departing from a port, where there is risk of stowaway embarkation, a ship should undergo a thorough search in accordance with a specific plan or schedule, and with priorities given to places where stowaways might hide taking into account the specific ship type and its operations. Search methods which are likely to harm secreted stowaways should not be used.
   4. Fumigation or sealing should not be carried out until a thorough search of the areas to be fumigated or sealed has taken place in order to ensure that no stowaways are present in those areas.

3 Recommended Practice 4.3.1.2 of the FAL Convention.

4 Recommended Practice 4.3.2.2 of the FAL Convention.

Fourth Schedule – (Cont’d)

1. Responsibilities in relation to the resolution of stowaway cases
   1. Questioning and notification by the master
      It is the responsibility of the master of the ship which finds any stowaways on board:
      1. to make every effort to determine immediately the port of embarkation of the stowaway;
      2. to take practical steps to establish the identity, including the nationality/ citizenship and the right of residence, of the stowaway;
      3. to prepare a statement containing all available information relevant to the stowaway for presentation to the appropriate authorities (for example, the public authorities at the port of embarkation, the flag State and, if necessary, subsequent ports of call) and the shipowner; in this respect the reporting form provided in the appendix should be used and completed as far as practicable;
      4. to notify the existence of a stowaway and any relevant details to the shipowner and appropriate authorities at the port of embarkation, the next port of call and the flag State, with the understanding that when a stowaway declares himself or herself to be a refugee, this information should be treated as confidential to the extent necessary for the security of the stowaway; to ensure confidentiality in these cases no information should be forwarded to authorities public or private in the country of origin or residence of the stowaway;
      5. not to depart from the planned voyage to seek the disembarkation of a stowaway discovered on board the ship after it has left the territorial waters of the State where the stowaways embarked, unless permission to disembark the stowaway has been granted by the public authorities of the State to whose port the ship deviates, or repatriation has been arranged elsewhere with sufficient documentation and permission given for disembarkation, or unless there are extenuating safety, security, health or compassionate reasons, or attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a significant period of time;
      6. to ensure that the stowaway is presented to the appropriate authorities at the next port of call in accordance with their requirements;
         Fourth Schedule – (Cont’d)
      7. to take appropriate measures to ensure the security, general health, welfare and safety of the stowaway until disembarkation, including providing him or her with adequate provisioning, accommodation, proper medical attention and sanitary facilities;
      8. to ensure that stowaways are not permitted to work on board the ship, except in emergency situations or in relation to the stowaway’s accommodation and provisioning on board; and
      9. to ensure that stowaways are treated humanely, consistent with the basic principles.
   2. The shipowner
      It is the responsibility of the shipowner of the ship on which stowaways are found:
      1. to ensure that the existence of, and any relevant information on, the stowaway has been notified to the appropriate authorities at the port of embarkation, the next port of call and the flag State;
      2. to comply with any removal directions made by the competent national authorities at the port of disembarkation; and
      3. to cover any applicable costs relating to the removal, detention, care and disembarkation of the stowaway in accordance with the legislation of the States which may be involved.
   3. The State of the first port of call according to the voyage plan
      It is the responsibility of the State of first port of call according to the voyage plan after the discovery of the stowaway:
      1. to accept the stowaway for examination in accordance with the national laws of that State and, where the competent national authority considers that it would facilitate matters, to allow the shipowner and the competent or appointed P&I Club correspondent to have access to the stowaway;
         Fourth Schedule – (Cont’d)
         1. to favourably consider allowing disembarkation and provide, as necessary and in accordance with national law, secure accommodation which may be at the expense of the shipowner, where:
            1. a case is unresolved at the time of sailing of the ship; or
            2. the stowaway is in possession of valid documents for return and the public authorities are satisfied that timely arrangements have been or will be made for repatriation and all the requisites for transit fulfilled; or
            3. other factors make it impractical for the stowaway to remain on the ship; such factors may include but are not limited to cases where a stowaway’s presence on board would endanger the safe and secure operation of the ship, the health of the crew or the stowaway;
         2. to make every effort to cooperate in the identification of the stowaway and the establishment of his or her nationality/citizenship or right of residence;
         3. to make every effort to cooperate in establishing the validity and authenticity of a stowaway’s documents and, when a stowaway has inadequate documents, to whenever practicable and to an extent compatible with national legislation and security requirements issue a covering letter with a photograph of the stowaway and any other important information, or alternatively, a suitable travel document accepted by the public authorities involved; the covering letter authorizing the return of the stowaway either to his or her State of origin or to the point where the stowaway commenced his or her journey, as appropriate, by any means of transportation and specifying any other conditions imposed by the authorities, should be handed over to the operator effecting the removal of the stowaway; this letter will include information required by the authorities at transit points and/or the point of disembarkation;
         4. to give directions for the removal of the stowaway to the port of embarkation, State of nationality/citizenship or right of residence or to some other State to which lawful directions may be made, in cooperation with the shipowner;
         5. to inform the shipowner on whose ship the stowaway was found, as far as practicable, of the level of cost of detention and return and any additional costs for the documentation of the stowaway, if the shipowner is to cover these costs; in addition, public authorities should cooperate with the shipowner to
            Fourth Schedule – (Cont’d)
            keep such costs to a minimum, as far as practicable, and according to national legislation, if they are to be covered by the shipowner, as well as keeping to a minimum the period during which shipowners are held liable to defray costs of maintenance of a stowaway by public authorities;
         6. to consider mitigation of charges that might otherwise be applicable when shipowners have cooperated with the control authorities to the satisfaction of those authorities in measures designed to prevent the transportation of stowaways; or where the master has properly declared the existence of a stowaway to the appropriate authorities in the port of arrival, and has shown that all reasonable preventive measures had been taken to prevent stowaways gaining access to the ship;
         7. to issue, if necessary, in the event that the stowaway has no identification and/or travel documents, a document attesting to the circumstances of embarkation and arrival to facilitate the return of the stowaway either to his or her State of origin, to the State of the port of embarkation, or to any other State to which lawful directions can be made, by any means of transport;
         8. to provide the document to the transport operator effecting the removal of the stowaway;
      
      .10. to take proper account of the interests of, and implications for, the shipowner when directing detention and setting removal directions, so far as is consistent with the maintenance of control, their duties or obligations to the stowaway under the law, and the cost to public funds;
      1. to report incidents of stowaways of which they become aware to the Organization;5
      2. to cooperate with the flag State of the ship in identifying the stowaway and their nationality/citizenship and right of residence, to assist in removal of the stowaway from the ship, and to make arrangements for removal or repatriation; and
      3. if disembarkation is refused, to notify the flag State of the ship the reasons for refusing disembarkation.
      
      
      5 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.
      Fourth Schedule – (Cont’d)
   4. Subsequent ports of call
      When the disembarkation of a stowaway has not been possible at the first port of call, it is the responsibility of the State of the subsequent port of call to follow the guidance provided in paragraph 5.3.
   5. State of embarkation
      It is the responsibility of the State of the original port of embarkation of the stowaway (i.e. the State where the stowaway first boarded the ship):
      1. to accept any returned stowaway having nationality/citizenship or right of residence;
      2. to accept a stowaway back for examination where the port of embarkation is identified to the satisfaction of the public authorities of the receiving State; the public authorities of the State of embarkation should not return such stowaways to the State where they were earlier found to be inadmissible;
      3. to apprehend and detain the attempted stowaway, where permitted by national legislation, if the attempted stowaway is discovered before sailing either on the ship or in cargo due to be loaded; to refer the attempted stowaway to local authorities for prosecution, and/or, where applicable, to the immigration authorities for examination and possible removal; no charge is to be imposed on the shipowner in respect of detention or removal costs, and no penalty is to be imposed;
      4. to apprehend and detain the stowaway, where permitted by national legislation, if the stowaway is discovered while the ship is still in the territorial waters of the State of the port of his or her embarkation, or in another port in the same State (not having called at a port in another State in the meantime); no charge is to be imposed on the shipowner in respect of detention or removal costs, and no penalty is to be imposed;
      5. to report incidents of stowaways or attempted stowaways of which they become aware to the Organization;6 and
      6. to reassess the preventative arrangements and measures in place and to verify the implementation and effectiveness of any corrective actions.
      
      
      6 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.
      Fourth Schedule – (Cont’d)
   6. State of nationality or right of residence
      It is the responsibility of the apparent or claimed State of nationality/citizenship of the stowaway and/or of the apparent or claimed State of residence of the stowaway:
      1. to make every effort to assist in determining the identity and nationality/ citizenship or the rights of residence of the stowaway and to document the stowaway, accordingly once satisfied that he or she holds the nationality/ citizenship or the right of residence claimed; where possible, the local embassy, consulate or other diplomatic representation of the country of the stowaway’s nationality will be required to assist in verifying the stowaway’s nationality and providing emergency travel documentation;
      2. to accept the stowaway where nationality/citizenship or right of residence is established; and
      3. to report incidents of stowaways of which they become aware to the Organization.7
   7. The flag State
      It is the responsibility of the flag State of the ship:
      1. to be willing, if practicable, to assist the master/shipowner or the appropriate authority at the port of disembarkation in identifying the stowaway and determining his or her nationality/citizenship or right of residence;
      2. to be prepared to make representations to the relevant authority to assist in the removal of the stowaway from the ship at the first available opportunity;
      3. to be prepared to assist the master/shipowner or the authority at the port of disembarkation in making arrangements for the removal or repatriation of the stowaway; and
      4. to report incidents of stowaways of which they become aware to the Organization.
   8. States of transit during repatriation

It is the responsibility of any States of transit during repatriation to allow, subject to normal visa requirements and national security concerns, the transit through their ports and airports of stowaways travelling under the removal instructions or directions of the State of the port of disembarkation.

7 Refer to FAL.2/Circ.50/Rev.3 on Information on stowaway incidents, as may be amended.

Fourth Schedule – (Cont’d)

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART B

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED

SHIP DETAILS

Name of ship: IMO number: Flag: Company:

Company address:

Agent in next port: Agent address:

IRCS:

Inmarsat number:

Date of birth: Place of birth:

Claimed nationality: Home address:

Country of domicile: ID document type,

e.g. passport no.:

ID card no. or Seaman’s book no.:

If yes,

When issued: Where issued:

Fourth Schedule – (Cont’d)

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED – (Cont’d)

Port of registry: Name of master:

STOWAWAY DETAILS

Date/time found on board: Place of boarding:8 Country of boarding: Date/time of boarding: Intended final destination:

Stated reasons for boarding the ship:9

Surname: Given name:

Name by which known: Gender:

Date of expiry: Issued by:

Photograph of the stowaway:

Photograph if

available

General physical description of the stowaway:

8 “Place of boarding” should include port, port facility number, berth and terminal information (FAL.7/Circ.1, related to the Unified interpretation of appendix 3 to the FAL Convention).

9 If the stowaway declares himself or herself to be a refugee or an asylum seeker, this information shall be treated as confidential to the extent necessary to the security of the stowaway.

Fourth Schedule – (Cont’d)

FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED – (Cont’d)

First language: Other languages: Spoken: Spoken:
Read: Read:
Written: Written:

Other details:

1. Method of boarding, including other persons involved (e.g. crew, port workers, etc.), and whether the stowaway was secreted in cargo/container or hidden in the ship:
2. Inventory of the stowaway’s possessions:
   Fourth Schedule – (Concl’d)
   FORM OF STOWAWAY DETAILS REFERRED TO IN RECOMMENDED PRACTICE 4.6.2 OF THE CONVENTION ON FACILITATION OF INTERNATIONAL MARITIME TRAFFIC 1965, AS AMENDED – (Concl’d)
3. Statement made by the stowaway:
4. Care provided to the stowaway (first aid, clothing, food):

Date(s) of interview(s):

Stowaway’s signature: Master’s signature: Date: Date:

FIFTH SCHEDULE

(Section 11(6))

List of officers to whom pre-arrival and pre-departure documents to be submitted

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

Officer	Document
Chief Environmental Health Officer	Crew List
Passenger List
Advanced Notification Form for Waste Delivery
List of Ports of Call
Maritime Declaration of Health
International Certification of Vaccination
Yellow Fever Vaccination List
Ship Sanitation Control Exemption Certificate
Ship Sanitation Control Certificate

Fifth Schedule – (Concl’d)

Officer	Document
Chief Executive Officer, Barbados Port Inc.	Security-related information
Stowaway documents
Chief Immigration Officer	Advanced Passenger Information
List of Ports of Call
Chief Operations Officer, JRCC	Advanced Passenger Information
Advanced Cargo Information
Comptroller of Customs	General Declaration
	Cargo Declaration/Ship Manifest
Ship’s Stores Declaration
Crew’s Effects Declaration
Dangerous Good’s Manifest
Advanced Cargo Information

SIXTH SCHEDULE

(Sections 12(1) and (2), 14, 27, 28 and 29) Certificates of Clearance on Pre-Arrival and Arrival

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART A

FORM OF PROVISIONAL CERTIFICATE OF CLEARANCE ON PRE-ARRIVAL

Ship Name: Type of Ship: Gross Tonnage: IMO Number: Call Sign: Port of Registry: Date of Registry: Passenger Amount (where Applicable): Date and time of virtual arrival in Barbados: Expected date and time of actual arrival in Barbados: Issued by: Date of issue: Time of issue:

Sixth Schedule – (Cont’d)

This is to certify that the pre-arrival documents submitted through the Maritime Single Window,

relating to , in accordance with section 11 of the

Name of Ship

Facilitation of International Maritime Traffic Act, 2021 (Act 2021- ) have been examined and the information has been verified and is in order.

The is granted Provisional Clearance to enter the

Name of Ship

Port of Bridgetown in accordance with section 12 of the Facilitation of International Maritime Traffic Act, 2021 and shall be subject to on-board inspection on arrival at the Port.

Sixth Schedule – (Cont’d)

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART B

FORM OF FINAL CERTIFICATE OF CLEARANCE ON ARRIVAL

Ship Name: Type of Ship: Gross Tonnage: IMO Number: Call Sign: Port of Registry: Date of Registry: Passenger Amount (where Applicable): Date and time of arrival in Barbados: Date and time of actual arrival in Barbados: Issued by: Date of issue: Time of issue:

Sixth Schedule – (Concl’d)

In accordance with section 12 of the Facilitation of International Maritime Traffic

Act, 2021 – the Ship has been inspected and has

Name of Ship

satisfied the requirements of the Immigration Act, Cap. 190, Customs Act, Cap. 66 and Health Services (Assignment of Public Inspectors to Private Businesses) Regulations, 1986 (S.I. 1986 No. 143).

The Ship is granted Final Clearance to enter the Port

Name of Ship

of Bridgetown.

Issued by: Date of Issue: Time of Issue:

SEVENTH SCHEDULE

(Sections 16 and 17(1))

Form of Notice of Intended Departure

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

FORM OF NOTICE OF INTENDED DEPARTURE

Port Authority (Marine Section)

Port of

Name of Ship: Nationality: Tons: Gross Net: Name of Master: Number of Crew: Arrived from: Date: Cargo imported: Bill of Lading Packages:

Tons: Number of Passengers Arrived: Bound to:

Cargo imported: Bill of Lading Packages: Tons:

Deck Cargo Outwards: Tons c. ft Animals Number of Mail bags shipped: Number of Passengers embarked:

19

Owners/Agents.

EIGHTH SCHEDULE

(Sections 17(1) and 19)

Certificates of Clearance on Departure

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART A

FORM OF PROVISIONAL CERTIFICATE OF CLEARANCE ON DEPARTURE

Ship Name: Type of Ship: Gross Tonnage: IMO Number: Call Sign: Port of Registry: Date of Registry: Passenger Amount (where Applicable): Date and time of virtual departure from Barbados: Expected date and time of actual departure from Barbados:

Eighth Schedule – (Cont’d)

This is to certify that the pre-departure documents submitted through the Maritime Single Window in accordance with section 16 of the Facilitation of International Maritime Traffic Act, 2021 have been examined and the information has been verified and is in order.

The is granted Provisional Clearance to depart

Name of Ship

from the Port of Bridgetown in accordance with section 17 of the Facilitation of International Maritime Traffic Act, 2021 and shall be subject to on-board inspection prior to departure from the Port.

Signature

Issued by: Date of Issue: Time of Issue:

Stamp

Eighth Schedule – (Cont’d)

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- ) PART B

FORM OF FINAL CERTIFICATE OF CLEARANCE ON DEPARTURE

Ship Name: Type of Ship: Gross Tonnage: IMO Number: Call Sign: Port of Registry: Date of Registry: Passenger Amount (where Applicable): Date and time of departure from Barbados: Date and time of actual departure from Barbados:

Eighth Schedule – (Concl’d)

In accordance with section 19 of the Facilitation of International Maritime Traffic

Act, 2021 – the has been inspected and has

Name of Ship

satisfied the requirements of the Immigration Act, Cap. 190, Customs Act, Cap. 66 and Health Services (Assignment of Public Inspectors to Private Businesses) Regulations, 1986 (S.I. 1986 No. 143).

The is granted Final Clearance to depart from

Name of Ship

the Port.

Issued by: Date of Issue: Time of Issue:

Stamp

NINTH SCHEDULE

(Sections 20 and 23(2))

List of officers to whom fines are to be paid for outstanding pre-arrival and pre-departure documents

Facilitation of International Maritime Traffic Act, 2021

(Act 2021- )

Officer	Document
Chief Environmental Health Officer	Crew List
Passenger List
Maritime Declaration of Health
International Certification of Vaccination
Yellow Fever Vaccination List
Ship Sanitation Control Exemption Certificate
Ship Sanitation Control Certificate

Ninth Schedule – (Concl’d)

Officer	Document
Chief Executive Officer, Barbados Port Inc.	Security-related information
Stowaway documents
Chief Immigration Officer	List of Ports of Call
Comptroller of Customs	General Declaration
Cargo Declaration/Ship Manifest
Ship’s Stores Declaration
Crew’s Effects Declaration
Dangerous Good’s Manifest
Letter Bulk – Bulk mail

TENTH SCHEDULE

(Section 41)

CONSEQUENTIAL AMENDMENTS

Column 1 Enactment

Barbados Harbours Regulations, 1961

(L.N. 1961 No. 11)

Column 2 Amendments

1. Revoke regulations 12, 13, 17 and 35.
2. Delete regulation 22 and substitute the following:”Master to deliver ship registry certificate22. The master of a ship which has arrived in Barbados from a port outside of Barbados shall on entering a harbour produce the ship’s registry certificate at the request of an authorised employee.”.
3. Delete regulation 103 and substitute the following:”Dangerous Goods Manifest103. (1) The ship owner, ship agent or master of every ship having on board any dangerous goods shall submit a Dangerous Goods Manifest in accordance with section 11 of the Facilitation International Maritime Traffic Act, 2021 (Act 2021- ).
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   
   Column 1 EnactmentBarbados Harbours Regulations, 1961 (L.N. 1961 No. 11) – (Concl’d)
   Quarantine Act, Cap. 53
   Quarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38)
   Column 2 Amendments(2) Where the ship owner, ship agent or master fails to submit a Dangerous Goods Manifest in accordance with subsection (1) and dangerous goods are landed in Barbados, the management may
   1. order the dangerous goods to be placed on board the ship on which which they have arrived;
   2. destroy the dangerous goods; or
   3. otherwisedealwiththedangerous goods as it considers necessary
   
   at the risk and expense of the ship on which they arrived.”.
4. Delete the Second Schedule.

In section 12, delete the words “nine hundred and sixty dollars” wherever they appear and substitute the words “one hundred thousand dollars”.

1. In regulation 2,
   1. in the definition “approved port” delete the words “deratisation certificate” and
      Tenth Schedule – (Cont’d)
      CONSEQUENTIAL AMENDMENTS – (Cont’d)
      
      Column 1 EnactmentQuarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) – (Cont’d)
      Column 2 Amendments”deratisation exemption certificate” and substitute the words “Ship Sanitation Control Exemption Certificate” and “Ship Sanitation Control Certificate” set out in Schedule E“;
   2. delete the definition “deratisation certificate” and “deratisation exemption certificate”;
   3. in the defintion “valid” delete the words “deratisation certificate or deratisation exemption certificate” and substitute the words “Ship Sanitation Control Exemption Certificate” or “Ship Sanitation Control Certificate” set out in Schedule E.“.
2. Delete regulation 4 and substitute the following: “Declaration of health4. (1) The master of a ship approaching the Island from a foreign port shall submit a Maritime Declaration of Health set out in Schedule A through the Maritime Single Window.
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   
   Column 1 EnactmentQuarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) – (Cont’d)
   Column 2 Amendments(2) For the purposes of this section “Maritime Single Window” has the meaning assigned to it in the Facilitation of International Maritime Traffic Act, 2021 (2021- ).
3. Delete Schedule A and substitute the following:
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   “SCHEDULE A
   (Regulations 4 and 5)
   Maritime Declaration of Health
   To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.
   Submitted at the port of: Date: Name of ship or inland navigation vessel: Registration/IMO No.: Arriving from: Sailing to: (Nationality)/(Flag of vessel): Master’s name: Gross tonnage (ship): Tonnage (inland navigation vessel):Valid Sanitation Control Exemption/Control Certificate carried on board?Yes NoIssued at: Date:
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)Re-inspection required?
   Has ship/vessel visited an affected area identified by the World Health Organization?
   Yes NoYes No
   Port and date of visit:
   List ports of call from commencement of voyage with dates of departure, or within past 30 days, whichever is shorter:On the request of the competent authority at the port of arrival, list crew members, passengers or other persons who have joined ship/vessel since international voyage began or within past 30 days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):
   1. Name: joined from: (1)(2)(3)
   2. Name: joined from: (1) (2) (3)
   3. Name: joined from: (1) (2) (3)
   Number of crew members on board: Number of passengers on board:
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   Health questions
   1. Has any person died on board during the voyage otherwise than as a result ofaccident?Yes No
      If yes, state particulars in attached schedule. Total no. of deaths
   2. Is there on board or has there been during the international voyage any case of diseasewhich you suspect to be of an infectious nature? If yes, state particulars in attached schedule.Yes No
   3. Has the total number of ill passengers during the voyage been greater than normal/expected?
      How many ill persons?
   4. Is there any ill person on board now?
      If yes, state particulars in attached schedule.
   5. Was a medical practitioner consulted?Yes No
      Yes No
      Yes No
      If yes, state particulars of medical treatment or advice provided in attached schedule.
   6. Are you aware of any condition on board which may lead to infection or spread of disease?
      If yes, state particulars in attached schedule.Yes No
   7. Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination)been applied on board?Yes No
      If yes, specify type, place and date:
      Tenth Schedule – (Cont’d)
      CONSEQUENTIAL AMENDMENTS – (Cont’d)
      
   8. Have any stowaways been found on board?
      Yes NoIf yes, where did they join the ship? (if known)
      
   9. Is there a sick animal or pet on board?
      Yes NoNote: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the existence of a disease of an infectious nature:
      1. fever, persisting for several days or accompanied by:
         1. prostration;
         2. decreased consciousness;
         3. glandular swelling;
         4. jaundice;
         5. cough or shortness of breath;
         6. unusual bleeding; or
         7. paralysis;
      2. with or without fever:
         1. any acute skin rash or eruption;
         2. severe vomiting (other than sea sickness);
         3. severe diarrhoea; or
         4. recurrent convulsions.
   I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.
   Signature of Master Countersignature Ship’s Surgeon (if carried)
   Date
   Tenth Schedule – (Cont’d)ATTACHMENT TO MARITIME DECLARATION OF HEALTH
   NameClass or ratingAgeSexNationalityPort, date joined ship/vesselNature of illnessDate of onset of symptomsReported to a port medical officer?Disposal of case 1Drugs, medicines, or other treatment given to patientComments192CONSEQUENTIAL AMENDMENTS – (Cont’d)1 State: (1) whether the person recovered, is still ill or died; and(2) whether the person is still on board, was evacuated (including the name of the port or airport), or was buried at sea.”.
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   
   Column 1 EnactmentQuarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) – (Cont’d)
   Column 2 Amendments
4. In regulation 5, delete paragraph 4 and substitute the following:
   “(4) When a ship is granted radio pratique, the master shall immediately on arrival at a port of the Island, deliver or cause to be delivered totheenvironmental health officer the Maritime Declaration of HealthsetoutinScheduleA,theship’s bill of health (if any) and the Ship Sanitation Control Exemption Certificate or the Ship Sanitation Control Certificate set out in Schedule out in Schedule E;”.
5. In Part VI, delete the Part Heading “Deratisation of Ships” and substitute the Part Heading “Sanitizing of Ships”.
   Tenth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   
   Column 1 EnactmentQuarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) – (Cont’d)
   Column 2 Amendments
6. In regulation 27,
   1. in paragraph (1) delete the words “deratisation certificate or deratisation exemption certificate” and substitute the words “Ship Sanitation Control Exemption Certificate or “Ship Sanitation Control Certificate”;
   2. in paragraph (2) delete the words “deratisation exemption certificate” and substitute the words “Ship Sanitation Control Exemption Certificate”;
   3. in paragraph (4), delete the words “deratisation certificate or deratisation exemption certificate” and substitute the words “Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate”; and
      Tenth Schedule – (Cont’d)
      CONSEQUENTIAL AMENDMENTS – (Concl’d)
      
      Column 1 EnactmentQuarantine (Maritime) Regulations, 1947 (S.I. 1947 No. 38) – (Concl’d)
      Column 2 Amendments
7. In regulation 28,
   1. delete the words “deratisation certificate or deratisation exemption certificate” appearing immediately after the word “valid” and substitute the words “Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate”; and
   2. delete the words “deratisation certificate” appearing at the end of the regulation and substitute the words “Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certifcate”.
8. In regulation 29, delete the words “Deratisation certificates and deratisation exemption certificates” and substitute the words “Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates”.
9. In regulation31, inparagraph(1)delete the words “valid deratisation certificates or valid deratisation exemption certificates” and substitute the words “valid Ship Sanitation Control Exemption certificates or valid Ship Sanitation Control Certificates”.
10. Delete Schedule E and substitute the following:

Tenth Schedule – (Cont’d)

“SCHEDULE E

(Regulations 2, 27, 28, 29 and 31)

Ship Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate

Port of Date:

This Certificate records the inspection and (1) exemption from control or (2) control measures applied Name of ship or inland navigation vessel

Flag Registration/IMO No. At the time of inspection the holds were unladen/laden with tonnes of cargo Name and address of inspecting officer

Tenth Schedule – (Cont’d)

Ship Sanitation Control Exemption Certificate

Areas, [systems, and services] inspectedGalley	Evidence found1	Sample results2	Documents reviewedMedical log
Pantry			Ship’s log
Stores			Other
Hold(s)/cargo
Quarters:
– crew
– officers
– passengers
– deck
Potable water
Sewage
Ballast tanks
Solid and medical waste
Standing water
Engine room
Medical facilities
Other areas specified – see attached
Note areas not applicable, by marking N/A

No evidence found. Ship/vessel is exempted from control measures.

Name and designation of issuing officer Signature and seal Date

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

(b) Information concerning any human cases (to be included in the Maritime Declaration of Health).

2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re-inspection is required, to the next appropriate port of call coinciding with the re-inspection date specified in this certificate.

Sanitation Control Exemption Certificates and Sanitation Control Certificates are valid for a maximum of 6 months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.

Tenth Schedule – (Cont’d)

Ship Sanitation Control Certificate

Control measures applied	Re-inspection date	Comments regarding conditions found

No evidence found. Ship/vessel is exempted from control measures.

Name and designation of issuing officer Signature and seal Date

1(a) Evidence of infection or contamination, including: vectors in all stages of growth; animal reservoirs for vectors; rodents or other species that could carry human disease, microbiological, chemical and other risks to human health; signs of inadequate sanitary measures.

1. Information concerning any human cases (to be included in the Maritime Declaration of Health).2 Results from samples taken on board. Analysis to be provided to ship’s master by most expedient means and, if re- inspectionis required, to the next appropriate port of callcoinciding with the re-inspection date specified in this certificate.Sanitation Control Exemption Certificates and Sanitation Control Certificates are valid for a maximum of six months but the validity period may be extended by one month if inspection cannot be carried out at the port and there is no evidence of infection or contamination.
   199Tenth Schedule – (Concl’d)Attachment to Model Ship Sanitation Control Exemption Certificate/ Ship Sanitation Control Certificate
   Areas/facilities/ systems inspected1Evidence foundSample resultsDocuments reviewedControl measures appliedRe-inspection dateCommentsregarding conditions foundFoodSourceStoragePreparationServiceWaterSourceStorageDistributionWasteHoldingTreatmentDisposalSwimming pools/spasEquipmentOperationMedical facilitiesEquipment and medical devicesOperationMedicinesOther areas inspected
   1 Indicate when the areas listed are not applicable by marking N/A.”.
   NATIONAL VENDING ACT, 2021
   OBJECTS AND REASONS
   This Bill would provide for the
   1. regulation of vending in Barbados;
   2. protection of the rights of vendors; and
   3. matters related to paragraphs (a) and (b).

NATIONAL VENDING ACT, 2021

Arrangement of Sections PART I PRELIMINARY

1. Short title
2. Interpretation
   PART II VENDING
3. Vending
   PART IIIREGULATION OF VENDING ACTIVITIES
4. Licensing requirement
5. Application for the grant of a licence
6. Vending Licence
7. Register of Vendors
8. Revocation, suspension or varying of a licence
9. Notice of intention to revoke, suspend or vary a licence
10. Occasional vending that is not on a beach, an esplanade or in a garden or a park
11. Occasional vending on a beach, an esplanade or in a garden or a park
    PART IV VENDING ZONES
12. Vending zones
13. Designation of a vending zone
14. Beaches, esplanades, gardens and parks
15. Public Markets and fish landing sites
16. Prohibition of vending outside of a vending zone
    PART VRIGHTS AND OBLIGATIONS OF VENDORS
17. Rights of vendors
18. General obligations of vendors
    PART VIRELOCATION AND EVICTION OF VENDORS
19. Relocation or eviction of vendors
20. Seizing and reclaiming of goods
    PART VIINATIONAL VENDING COMMITTEE
21. Establishment of National Vending Committee
22. Functions of the Committee
    PART VIII APPEALS
23. Appeal
24. Establishment of National Vending Appeals Tribunal
25. Suspension of decisions pending appeal to Tribunal
26. Power of Tribunal
27. Appeal to High Court
    PART IX ADMINISTRATIVE PENALTIES
28. Administrative penalties
29. Administrative penalty notice
30. Procedure for challenging an alleged administrative contravention
31. Administrative penalty to constitute a debt to the Crown
    PART X MISCELLANEOUS
32. Fees
33. Transitional
34. Regulations
35. Amendment of Schedules
36. Consequential amendments
37. Commencement
    FIRST SCHEDULEApplication Form and Vending Licence
    SECOND SCHEDULEApplication Form and Permit for Occasional Vending
    THIRD SCHEDULEFees
    FOURTH SCHEDULELists and Descriptions
    FIFTH SCHEDULERelocation Notice
    SIXTH SCHEDULENational Vending Committee
    SEVENTH SCHEDULEFixed Penalties
    EIGHTH SCHEDULEConsequential Amendments
    BARBADOS
    A Bill entitled
    An Act to provide for the regulation of vending in Barbados, the protection of the rights of vendors and matters related thereto.ENACTED by the Parliament of Barbados as follows:
    PART I PRELIMINARYShort title 1.
    This Act may be cited as the National Vending Act, 2021.Interpretation2.(1)In this Act,“bakery” has the meaning assigned to it by the Health Services (Bakeries) Regulations (S.I. 1970 No. 111);“beach” has the meaning assigned to it by the National Conservation Commission Act, Cap. 393;“Committee” means National Vending Committee established in accordance with section 21;“Commission” means the National Conservation Commission established under the National Conservation Commission Act, Cap. 393;“esplanade” means an esplanade listed in Part I of the Fourth Schedule; “fish landing site” means a site listed in Part III of the Fourth Schedule;“fish market” has the meaning assigned to it by the Markets and Slaughter- Houses Regulations, 1958 (L.N. 1958 No. 73);“food” has the meaning assigned to it by the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232);“fresh meat” has the meaning assigned to it by the Markets and Slaughter-Houses Act, Cap. 265;“garden” means a garden listed in Part I of the Fourth Schedule;
    “Manager of Markets” means the manager responsible for the management and operation of public markets under the Markets and Slaughter-Houses Act, Cap. 265;“Manager of Vending Zones” means
    1. the Manager of Markets for the purposes of vending zones that are
       1. public markets that are not fish markets;
       2. the areas more particularly described in the Part II of the Fourth Schedule;
       3. a zone designated by the Minister on consultation with the National Vending Committee;
    2. the National Conservation Commission for the purposes of vending zones that are beaches, esplanades, gardens and parks; or
    3. the Senior Manager of Markets for the purposes of vending zones that are fish markets;
    4. the Minister responsible for fisheries for the purposes of vending zones that are fish landing sites;

“merchandise” means fruit, vegetables, ground provisions, poultry, eggs, fresh meat, fish, food, crafts, pieces of clothing or any other small items;

“Minister” means the Minister responsible for Commerce;

“National Conservation Commission” means the Commission established under the National Conservation Commission Act, Cap. 393;

“National Vending Policy” means the policy developed by the Ministry responsible for Commerce to facilitate the enabling environment that would allow vendors to operate while ensuring their compliance with the Laws of Barbados;

“occasional vending” means

1. offering for sale of merchandise; or
2. rendering of services

for the duration of a fair, farmers market, festival, carnival or a cultural, entrepreneurial, religious or recreational event only;

“park” means a garden listed in Part I of the Fourth Schedule; “Policy” means the National Vending Policy;

“public market” has the meaning assigned to it by the Markets and Slaughter- Houses Act, Cap. 265;

“retailer” includes a supermarket, shop or other entity that offers for sale or disposal merchandise to the public;

“restaurant” has the meaning assigned to it by the Health Services (Restaurants) Regulations, 1969 (S.I. 1969 No. 234);

“Senior Manager of Markets” means the manager responsible for the management and operation of fish markets;

“Tribunal” means the National Vending Appeals Tribunal established by section 24;

“vending” has the meaning assigned to it by section 3; “vending zone” has the meaning assigned to it by section 12; “vendor” means a person who is engaged in vending and is

1. licensed to do so pursuant to sections 4 and 5; or
2. granted a permit to do so pursuant to sections 10 and 11.
3. Notwithstanding subsection (1), for the purposes of sections 4, 5, 6, 7, 8and 9 and Parts IV, V, VI, VII, VIII, IX and X “vendor” means a person who is engaged in vending according to section 3(1)(a) and is granted a licence to do so pursuant to sections 4 and 5.
   PART II VENDINGVending3.(1)
   For the purposes of this Act, vending refers to the offering for sale ofmerchandise or the rendering of services
   1. in a vending zone for the purposes of earning a living; or
   2. for the duration of a fair, farmers market, festival, carnival or a cultural, entrepreneurial, religious or recreational event only.

1. The following activities are not to be construed as vending for thepurposes of this Act:
   1. the sale of goods and chattels sold pursuant to the District Auctioneers Act, Cap. 114;
   2. the sale of merchandise by a retailer;
   3. the sale of food or drink in
      1. a bakery;
      2. a canteen operating in a club, a hospital, an institution or a school;
      3. a club;
      4. a hospital;
      5. an institution; or
      6. a restaurant which is not operating on a beach, esplanade, or in a garden or a park;
      7. a hotel which is not operating on a beach, esplanade or in a garden or a park;whether carried on for profit or not; and
   4. the sale of merchandise where the profits thereof are used solely for a charitable purpose.
2. The Minister may by order amend subsection (2).

PART III

REGULATION OF VENDING ACTIVITIES

Licensing requirement

4.(1)

No person shall operate as a vendor pursuant to section 3(1)(a) unless

he is 16 and he has a licence to do so.

1. A person who contravenes subsection (1) shall be subject to the paymentof an administrative penalty imposed under section 28.
   Application for the grant of a licence5.(1)A person who seeks to operate as a vendor in a vending zone that isnot a beach, an esplanade, a garden or a park pursuant to section 3(1)(a) shall apply to the Minister for a licence to do so by
   1. submitting
      1. an application for the purpose set out in Part I of the First Schedule;
      2. proof of identification;
      3. proof of address;
      4. in the case of an applicant who seeks to operate as a food vendor,
         1. a certificate of good health issued by a registered medical practitioner; and
         2. a licence to carry on a food business granted pursuant to the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232);
      5. in the case of an applicant who seeks to operate as a meat vendor in a shop or premises outside of a public market evidence that the location of the meat shop or premises has
         1. walls and floors that are impervious;
         2. proper provision for drainage and is properly ventilated; and
         3. a water supply that is adequate for operation as a meat shop; and
   2. paying the relevant fee set out in the Third Schedule.

1. The Minister may, on consultation with the Minister responsible forpublic markets and the Minister responsible for fisheries, grant a licence to an applicant referred to in subsection (1).
2. A person who seeks to operate as a vendor in a vending zone that is abeach, esplanade, garden or park pursuant to section 3(1)(a) shall apply to the National Conservation Commission for a licence to do so by
   1. submitting
      1. an application for the purpose set out in Part III of the First Schedule;
      2. proof of identification;
      3. proof of address;
      4. in the case of an applicant who seeks to operate as a food vendor,
         1. a certificate of good health issued by a registered medical practitioner; and
         2. a licence to carry on a food business granted pursuant to the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232); and
   2. paying the relevant fee set out in the Third Schedule.
3. The National Conservation Commission may grant a licence to anapplicant referred to in subsection (3).
4. A person who provides false or misleading information in an applicationreferred to in subsection (1) or subsection (3) or documentation pursuant to subsection (1) or subsection (3) shall be subject to the payment of an administrative penalty imposed under section 28.
5. Subsections (3) and (4) shall apply to a person carrying on any hotel,

restaurant or other business in respect of which there is in existence a valid licence granted under the Liquor Licences Act, Cap. 182.

Vending Licence

6.(1)

(a)

A licence granted pursuant to section 5(2) shall

be in the form set out in Part II of the First Schedule and shall specify

1. the name of the licensee;
2. the sex of the licensee;
3. the date of birth of the licensee;
4. the national identification number of the licensee;
5. the vending licence number assigned by the Minister;
6. a photo of the licensee;
7. the type of vending to be engaged in by the vendor;
8. the type of service to be rendered by the vendor;
9. the type of merchandise being sold by the vendor;
10. the vending zone;
11. the date upon which the licence
    1. is granted;
    2. comes into force;
    3. is set to expire;
12. any terms or conditions attached to the licence;

1. be valid for one year and may be renewed on the expiration of that licence upon the payment of the relevant fee set out in the Third Schedule; and
2. not be transferable.
3. A licence granted pursuant to section 5(4) shall
   1. be in the form set out in Part IV of the First Schedule and shall specify
      1. the name of the licensee;
      2. the sex of the licensee;
      3. the date of birth of the licensee;
      4. the national identification number of the licensee;
      5. the vending licence number assigned by the National Conservation Commission;
      6. a photo of the licensee;
      7. the type of vending to be engaged in by the vendor;
      8. the type of service to be rendered by the vendor;
      9. the type of merchandise being sold by the vendor;
      10. the vending zone;
      11. the date upon which the licence
          1. is granted;
          2. comes into force;
          3. is set to expire;
      12. any terms or conditions attached to the licence;
   2. be valid for one year and may be renewed on the expiration of that licence upon the payment of the relevant fee set out in the Third Schedule; and
   3. not be transferable.
      Register of Vendors7.(1)The Minister shall cause to be kept and maintained a register to beknown as the Register of Vendors which shall contain the following particulars in respect of a licensed vendor:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)name; sex;the date of birth;the national identification number; the vending licence number;the type of vending engaged in; the type of service rendered;the type of merchandise being sold; the vending zone;the date upon which the licence
      1. was granted;
      2. came into force;
      3. is set to expire;

1. any terms or conditions attached to the licence;
2. any other particulars required by the Minister.

1. The Register of Vendors shall be in electronic and physical form.
2. The electronic form of the Register of Vendors shall be made availableto the public on a website established by the Ministry responsible for Commerce.
3. The physical form of the Register of Vendors may be inspected by anyperson during the office hours of the Ministry responsible for Commerce.
4. Any information collated by the National Conservation Commissioncollected pursuant to section 5(3) and section 6(2) shall be shared with the Minister for the purpose of assisting the Minister in keeping and maintaining the Register of Vendors pursuant to subsection (1).
   Revocation, suspension or varying of a licence8.(1)The Minister may, in writing, revoke, suspend or vary a licencegranted pursuant to section 5(2) where the Minister is satisfied that the licensee
   1. has provided false or misleading information in an application for a licence or submitted false or misleading documentation; or
   2. has failed to comply with any condition of the licence or any provision of this Act or any regulations made thereunder.

1. The National Conservation Commission may, in writing, revoke, suspendor vary a licence granted pursuant to section 5(4) where the Commission is satisfied that the licensee
   1. has provided false or misleading information in an application for a licence or submitted false or misleading documentation; or
   2. has failed to comply with any condition of the licence or any provision of this Act or any regulations made thereunder.
2. A person who vends with a licence that has been revoked or suspendedpursuant to subsection (1) or subsection (2) shall be subject to the payment of an administrative penalty imposed under section 28.
3. Where a person vends in contravention to the conditions of a licencevaried pursuant to subsection (1) or subsection (2), that person shall be subject to the payment of an administrative penalty imposed under section 28.
   Notice of intention to revoke, suspend or vary a licence9.(1)The Minister shall, before revoking, suspending or varying a licenceunder section 8(1)
   1. give the licensee notice in writing of the grounds on which he intends so to do;
   2. afford the licensee an opportunity to object in writing within the period of 14 days after the date of receipt of the notice;
   3. take into consideration the objection of the licensee made pursuant to paragraph (b).
4. The National Conservation Commission shall, before revoking,suspending or varying a licence under section 8(2)
   1. give the licensee notice in writing of the grounds on which he intends so to do;
   2. afford the licensee an opportunity to object in writing within the period of 14 days after the date of receipt of the notice;
   3. take into consideration the objection of the licensee made pursuant to paragraph (b).
      Occasional vending that is not on a beach, an esplanade or in a garden or a park10.(1)A person who seeks to engage in occasional vending in a place that isnot a beach, an esplanade, or in a garden or a park pursuant to section 3(1)(b) shall apply to the Minister for a permit to do so and shall
      1. submit an application for the purpose set out in Part I of the Second Schedule;
      2. in the case of an applicant who seeks to operate as a food vendor,
         1. a certificate of good health issued by a registered medical practitioner; and
         2. a licence to carry on a food business granted pursuant to the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232); and
      3. pay the relevant fee set out in the Third Schedule.

(2) The Minister may grant a permit to the applicant referred to in subsection

1. and the permit shall be in the form set out in Part II of the Second Schedule.
   1. The permit referred to in subsection (2)
      1. shall be valid for the duration of a fair, farmers market, festival, carnival or a cultural, entrepreneurial, religious or recreational event only; and
      2. is not transferable.
   2. The Minister may refuse to grant, revoke, suspend or vary a permit andshall give notice of that decision in writing.
   3. A person who is aggrieved by a decision of the Minister under this sectionshall appeal to a Judge in Chambers upon receipt of notice referred to in subsection (4).
   4. A person who engages in occasional vending without a permit shall besubject to the payment of an administrative penalty imposed under section 28.
      Occasional vending on a beach, an esplanade or in a garden or a park11.(1)A person who seeks to engage in occasional vending on a beach, anesplanade or in a garden or a park pursuant to section 3(1)(b) shall apply to the National Conservation Commission for a permit to do so and shall
      1. submit an application for the purpose set out in Part III of the Second Schedule;
      2. in the case of an applicant who seeks to operate as a food vendor,
         1. a certificate of good health issued by a registered medical practitioner; and
         2. a licence to carry on a food business granted pursuant to the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232); and
      3. pay the relevant fee set out in the Third Schedule.
2. The National Conservation Commission may grant a permit to theapplicant referred to in subsection (1) and the permit shall be in the form set out in Part IV of the Second Schedule.
3. The permit referred to in subsection (2)
   1. shall be valid for the duration of a fair, farmers market, festival, carnival or a cultural, entrepreneurial, religious or recreational event only; and
   2. is not transferable.
4. The National Conservation Commission may refuse to grant, revoke,suspend or vary a permit and shall give notice of that decision in writing.
5. A person who is aggrieved by a decision of the National ConservationCommission under this section shall appeal to a Judge in Chambers upon receipt of notice referred to in subsection (4).
6. A person who engages in occasional vending without a permit shall be

subject to the payment of an administrative penalty imposed under section 28.

VENDING ZONES

Vending zones

12.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

For the purposes of this Act, a vending zone refers to a beach;

an esplanade;

a fish landing site; a garden;

a park;

a public market;

the areas more particularly described in Part II of the Fourth Schedule; or

a zone designated by the Minister on consultation with the National Vending Committee.

Designation of a vending zone

1. The Minister, on consultation with the National Vending Committee,may by order designate a vending zone for the purposes of this Act.
   Beaches, esplanades, gardens and parks14.(1)The National Conservation Commission shall be responsible for themanagement and operation of a vending zone that is
   1. a beach;
   2. an esplanade;
   3. a garden; or
   4. a park.
2. Where a vendor seeks to operate on a beach, an esplanade or in a gardenor a park he shall do so in compliance with the National Conservation Commission Act, Cap. 393.
   Public Markets and fish landing sites15.(1)The Manager of Markets shall be responsible for the management andoperation of
   1. a public market that is not a fish market;
   2. an area more particularly described in Part II of the Fourth Schedule; or
   3. a zone designated by the Minister on consultation with the National Vending Committee.

1. The Senior Manager of Markets shall be responsible for the managementand operation of a public market that is a fish market.
2. The Minister responsible for fisheries shall be responsible for themanagement and operation of a fish landing site.
3. Where a vendor seeks to operate in a public market, he shall do so incompliance with the Markets and Slaughter-Houses Act, Cap. 265 and theMarkets and Slaughter-Houses Regulations, 1958 (L.N. 1958 No. 73).
   Prohibition of vending outside of a vending zone16. A person who engages in vending, pursuant to section 3(1)(a), in aplace other than a vending zone shall be subject to the payment of an administrative penalty imposed under section 28.
   RIGHTS AND OBLIGATIONS OF VENDORS
   Rights of vendors17.(1)(a)
   (b)A vendor has the right to carry on the business of vendingin accordance with the terms and conditions of the licence granted under this Act;subject to the provisions of this Act or statutory instruments made thereunder or any relevant enactment pertaining to the vendors,without fear of harassment or unreasonable impediments.
   1. A vendor is entitled to 30 days’ notice before the imposition of an evictionnotice subject to section 19(3).
   2. Where a vendor is subject to a relocation notice pursuant to section 19(2)he is entitled to
      1. 30 days’ notice before the imposition of a relocation notice;
      2. be consulted in respect of any assignment to a new site or location in relation to the carrying out of his vending business;
      3. be assigned to a new site or location which is conducive to the carrying out of his vending business;
      4. reclaim any merchandise which is seized pursuant to the eviction or relocation notice;
      5. make a claim for compensation in writing to the Manager of Vending Zones for any loss, damage or destruction of merchandise pursuant to a relocation or eviction notice issued under section 19 or a seizure notice issued under section 20 subject to paragraph (f);
      6. compensation for any loss, damage or destruction of merchandise seized pursuant to a relocation notice in accordance with section 20(4).
         General obligations of vendors18.(1)(a)
         (b)A vendor shallproduce his licence for inspection where requested to do so by a customer, the Manager of Vending Zones or a person authorised by the Manager to conduct such inspections;remove his merchandise and any equipment, materials, wares or goods used in conducting his vending business at the expiration of time allotted to him for conducting his business by
         1. condition of his licence;
         2. enactment; or
         3. contract;

1. maintain the cleanliness of a vending zone;
2. keep amenities and any other public property, equipment or tools in a vending zone in good condition;
3. not, while vending,
   1. use abusive language or make insulting gestures;
   2. intimidate or harass any person;
   3. consume or be under the influence of alcohol or drugs;
   4. sell, serve or distribute alcohol without an appropriate liquor licence; and
4. where he sells, offers or exposes for sale food he and his employees shall comply with the Health Services (Food Hygiene) Regulations, 1969 (S.I. 1969 No. 232).

(2) A person who contravenes subsection (1) shall be subject to the payment

of an administrative penalty imposed under section 27.

PART VI

RELOCATION AND EVICTION OF VENDORS

Relocation or eviction of vendors

19.(1)

Subject to subsection (3), no vendor shall be relocated or evicted by

the Manager of Vending Zones from a vending zone specified in the vending licence unless he has been given 30 days’ notice.

1. The Manager of Vending Zones may issue an eviction or relocation noticepursuant to subsection (1) where
   1. the vendor is in serious breach of
      1. a condition of his licence;
      2. the provisions of this Act, any regulations made thereunder or any other relevant enactment;
   2. the vendor’s vending licence has been suspended or revoked pursuant to section 8;
   3. there is an emergency within the meaning of section 2 of the Emergency Management Act, Cap. 160A;
   4. there is danger to public safety, public order or public health.
2. Notwithstanding subsection (1) where
   1. there is an emergency within the meaning of section 2 of the Emergency Management Act, Cap. 160A; or
   2. there is danger to public safety, public order or public health
      the Manager of Vending may issue an emergency eviction or relocation notice without giving 30 days notice as required under subsection (1).
3. A notice issued under this section shall be in the form set out in the FifthSchedule.
4. The Manager of Vending Zones shall inform a member of the Police Force

of a notice issued under this section and shall seek the assistance of a member of the Police Force where necessary.

Seizing and reclaiming of goods

20.(1)

Where a vendor fails to vacate a vending zone pursuant to section 18,

the Manager of Vending Zones may seize the merchandise of the vendor.

1. The Manager of Vending Zones shall
   1. issue a seizure notice, in the form set out in the Fifth Schedule, to the vendor informing him of the seizure of his merchandise and shall include
      1. the time the merchandise was seized;
      2. the location to which the merchandise has been transferred;
      3. a list of the merchandise seized signed by the Manager of Vending Zones;
      4. a description of the items seized including quantity, weight, size, condition of item and any other descriptor that the Manager of Vending Zones determines as relevant;
      5. the procedure for reclaiming the merchandise seized; and
   2. inform a member of the Police Force of the notice of the seizure referred to in paragraph (a) and shall seek the assistance of a member of the Police Force where necessary.
2. A vendor shall seek to reclaim the merchandise seized pursuant tosubsection (1) within 24 hours of the receipt of the seizure notice referred to in
   subsection (1) and shall comply with the procedure for reclaiming merchandise set out in that seizure notice.
3. Where the merchandise that is the subject of the seizure notice referredto in subsection (1) is
   1. non-perishable the Manager of Vending Zones shall release the merchandise to the vendor within 2 working days of the claim of the vendor; and
   2. perishable the Manager of Vending Zones shall release the merchandise immediately to the vendor on receipt of a claim from the vendor.
4. The vendor shall be compensated for loss or damage to merchandisewhere the seizure was executed pursuant to the circumstances set out in paragraphs (c) and (d) of section 19(2) and the compensation shall not exceed the value of the merchandise seized.
5. Where a person does not claim the merchandise seized pursuant tosubsection (1), the Manager of Vending Zones shall sell the merchandise or if a sale cannot be conducted, dispose of it in an appropriate manner.
6. The proceeds of a sale conducted pursuant to subsection (6) shall be paid

into the Consolidated Fund.

PART VII

NATIONAL VENDING COMMITTEE

Establishment of National Vending Committee

21.(1)

For the purposes of this Act there is established a body to be known

as the National Vending Committee.

1. The provisions of the Sixth Schedule have effect with respect to theconstitution of the Committee and otherwise in relation thereto.
   Functions of the Committee22.(a)The Committee shall advisethe Minister responsible for Commerce on matters relating to the National Vending Policy including
   1. overseeing the implementation of the Policy;
   2. assessing the implementation risks of any one or more of the Policy recommendations;
   3. monitoring and evaluating the achievement of the objectives of the Policy;
   4. ensuring that all government related entities involved in the implementation of the Policy consider their responsibilities therein and design their work plans to suit;
   5. preparing annual briefings on the status of the implementation of the Policy; and
2. the Minister responsible for public markets, the Minister responsible for beaches, esplanades, gardens and parks and the Minister responsible for fisheries on the following:
   1. monitoring and ensuring continued upgrade and maintenance of vending zones;
   2. monitoring the compliance of vendors with the conditions applicable to the vending zone allocated to them and the conditions under which the zone has been allocated;
   3. standards that should be adhered to by vendors relating to
      1. personal hygiene;
      2. the cleanliness and public hygiene in the vending zones;
   4. the amenities that should be made available in vending zones for vendors including access to
      1. waste disposal;
      2. public toilets to maintain cleanliness;
      3. drinking water;
      4. protective covers to protect against the weather;
      5. storage facilities including cold storage;
   5. the aesthetic design of stalls.

PART VIII APPEALS

Appeal 23.

(a)

A person who is aggrieved by a decision of the Minister to

1. refuse the grant of a licence pursuant to section 5(1);
2. refuse the renewal of a licence pursuant to section 6(1);
3. revoke, suspend or vary a licence pursuant to section 8(1);

1. a decision of the Commission to
   1. refuse the grant of a licence pursuant to section 5(4);
   2. refuse the renewal of a licence pursuant to section 6(2);
   3. revoke, suspend or vary a licence pursuant to section 8(2);
2. a decision of the Manager of Vending Zones
   1. to issue a relocation or eviction notice pursuant to section 19;
   2. in relation to the amount of compensation to be paid pursuant to section 20(4) or section 17(3)(e);
   3. in relation to an administrative penalty imposed pursuant to section 28

may, within 14 days’ of the receipt by him of a notice of the decision, appeal to the National Vending Appeals Tribunal.

Establishment of National Vending Appeals Tribunal

24.(1)

There is established an National Vending Appeals Tribunal which

shall hear appeals on the grounds set out in section 23.

1. The Tribunal shall be comprised of
   1. an attorney-at-law of at least 10 years’ standing;
   2. a vendor of at least 10 years’ experience;
   3. a person with knowledge and experience in the business of vending and the operation of markets or areas designated for vending.
2. The members of the Tribunal shall be appointed by Minister responsiblefor judicial affairs by an instrument in writing for a period of 3 years and shall be eligible for re-appointment.
3. The members of the Tribunal shall receive such remuneration as the

Minister responsible for finance determines.

Suspension of decisions pending appeal to Tribunal

25.

(a)

(b)

(c)

The Minister;

Commission; or

Manager of Vending Zones

shall, pending an appeal under section 23 on the application of the appellant, suspend the operation of their decision until the appeal is determined.

Power of Tribunal

26.

(a)

The Tribunal may on hearing an appeal

in relation to a refusal to issue a licence, referred to in paragraph (a)(i) of section 23 and paragraph (b)(i) of section 23, dismiss the appeal or allow the appeal and direct the

1. Minister; or
2. Commission

to issue a licence to the appellant;

1. based on the grounds set out in paragraph (a), subparagraphs (ii) and (iii), of section 23,
   1. dismiss the appeal and confirm the decision of the Minister;
   2. allow the appeal and set aside the decision of the Minister;
   3. allow the appeal and direct that the matter in respect of which the decision of the Minister was made be further considered by that Minister;
2. based on the grounds set out in paragraph (b), subparagraphs (ii) and (iii), of section 23,
   1. dismiss the appeal and confirm the decision of the Commission;
   2. allow the appeal and set aside the decision of the Commission;
   3. allow the appeal and direct that the matter in respect of which the decision of the Commission was made be further considered by that Commission;
3. based on the grounds set out in paragraph (c)(i) of section 23,
   1. dismiss the appeal and confirm the decision of the Manager of Vending Zones;
   2. allow the appeal and set aside the decision of the Manager of Vending Zones;
   3. allow the appeal and direct that the matter in respect of which the decision of the Manager of Vending Zones was made be further considered by the Manager of Vending Zones; or
4. based on the ground set out in paragraph (c)(ii) of section 23
   1. dismiss the appeal and confirm the decision of the Manager of Vending Zones in respect of compensation;
   2. allow the appeal and set aside the amount of compensation provided for by the Manager of Vending Zones and impose in substitution therefor such other amount of compensation pursuant to section 20(4) or section 17(3)(e) that the Tribunal thinks fit.
5. based on the ground set out in paragraph (c)(iii) of section 23
   1. dismiss the appeal and confirm the decision of the Manager of Vending Zones in respect of the administrative penalty;
   2. allow the appeal and set aside the administrative penalty imposed by the Manager of Vending Zones and impose in substitution therefor such other administrative penalty that the Tribunal thinks fit in accordance with the Seventh Schedule.

Appeal to High Court

1. A party to an appeal to the Tribunal pursuant to section 23 may appealfrom the decision of the Tribunal on a point of law to the High Court.
   PART IX ADMINISTRATIVE PENALTIESAdministrative penalties
2. A person who contravenes a provision set out in Part I of the Seventh

Schedule is liable to pay to the Manager of Vending Zones an administrative penalty in the amount so specified in the Seventh Schedule.

Administrative penalty notice

29.(1)

The Manager of Vending Zones shall issue an administrative penalty

notice in the form set out in Part II of the Seventh Schedule to any person where the Manager of Vending Zones is satisfied that, that person has contravened a provision set out in Part I of the Seventh Schedule.

1. An administrative penalty notice shall specify the nature of the actconstituting the contravention, the penalty to be paid and shall require the person to whom it is addressed to pay the penalty within 14 days of the date of the notice.
2. A person who is in receipt of an administrative penalty notice issued

pursuant to subsection (1) shall pay the amount of the penalty set out in the notice on or before the date specified in the notice.

Procedure for challenging an alleged administrative contravention

1. Notwithstanding section 29(3), a person to whom an administrativepenalty notice is addressed and who wishes to challenge the alleged contravention, may instead of paying the amount of the administrative penalty, apply to the Tribunal in accordance with section 23.
   Administrative penalty to constitute a debt to the Crown
2. The amount of an outstanding administrative penalty constitutes a debt

to the Crown and is recoverable in civil proceedings before a magistrate’s court.

PART X MISCELLANEOUS

Fees

32.(1)

The fees collected by the Minister under this Act shall be paid into the

Consolidated Fund.

(2) The fees collected by the Commission under this Act shall be retained to

the Commission and shall constitute the funds of the Commission as set out in section 10 of the National Conservation Commission Act, Cap. 393.

Transitional

33.(1)

(a)

(b)

Any licences issued under the

National Conservation Commission Act, Cap. 393; or

Markets and Slaughter-Houses Regulations, 1958 (L.N. 1958 No. 73)

prior to the commencement of this Act shall be valid for a year after the commencement of this Act.

(2) After the expiration of the period referred to in subsection (1) a person

seeking to operate as a vendor shall apply for a licence to do so under this Act.

Regulations

1. The Minister may make regulations generally to give effect to this Act.
   Amendment of Schedules
2. The Minister may by Order amend the First, Second, Third, Fourth,Fifth, Sixth and Seventh Schedules.
   Consequential amendments
3. The enactments set out in Column 1 of the Eighth Schedule areamended in the manner specified in Column 2 of the Eighth Schedule.
   Commencement
4. This Act shall come into operation on a date fixed by proclamation.

FIRST SCHEDULE

(Sections 5 and 6)

Part I

Application Form and Licence for Vendor’s Licence

National Vending Act, 2021

(Act 2021- )

Application for Vendor’s Licence for Vendors not operating on a Beach or an Esplanade or in a Garden or Park

1. Name of applicant:
2. Sex:
3. Date of birth:
4. National identification number:
5. Residential address:
6. Email address:
   First Schedule – (Cont’d)
7. Type of vending to be engaged in:
   (a) Car park vending(f) Vending outside of the premises of a school(b) Highway vending(g) Street vending(c) Itinerant vending(h) Vending of non-essential and quickly perishable products(d) Outdoor market vending(i) Vending unit(e) Public markets(j) Vending village
8. Type of merchandise to be sold:
9. Type of service to be rendered:

(Signature of applicant)

(Date of application) (DD/MM/YYYY)

First Schedule – (Cont’d)

FOR OFFICIAL PURPOSES ONLY

Application: Approved

Not Approved

(Signature of Minister responsible for

Commerce)

(Date of approval of application)

(DD/MM/YYYY)

(Signature of Minister responsible for

Public Markets)

(Signature of Minister responsible for

Fisheries)

First Schedule – (Cont’d)

(Section 6)

Part II Vending Licence

National Vending Act, 2021

(Act 2021- )

Vending Licence for Vendors not operating

on a Beach or an Esplanade or in a Garden or Park

Photograph

(Vending Licence No.)

Name: Sex:

Date of birth: National identification number: Type of vending: Vending zone:

First Schedule – (Cont’d)

Type of merchandise to be sold:

Type of service to be rendered:

(Date of issue) (DD/MM/YYYY)

(Signature of vendor)

(Signature of the Minister responsible for Commerce)

(Signature of the Minister responsible for Public Markets)

(Signature of the Minister responsible for Fisheries)

First Schedule – (Cont’d)

(Section 5)

Part III

Application Form and Licence for Vendor’s Licence

National Vending Act, 2021

(Act 2021- )

Application for Vendor’s Licence

for Vending on a Beach or an Esplanade or in a Garden or Park

1. Name of applicant:
2. Sex:
3. Date of birth:
4. National identification number:
5. Residential address:
6. Email address:
   First Schedule – (Cont’d)
7. Type of vending to be engaged in:
   1. Beach vending
   2. Esplanade Vending
   3. Garden vending
   4. Park vending
8. Type of merchandise to be sold:
9. Type of service to be rendered:

(Signature of applicant)

(Date of application) (DD/MM/YYYY)

FOR OFFICIAL PURPOSES ONLY

Application: Approved

Not Approved

(Signature of Chairman of National

Conservation Commission)

(Date of approval of application)

(DD/MM/YYYY)

First Schedule – (Cont’d)

(Section 6)

Part IV Vending Licence

National Vending Act, 2021

(Act 2021- )

Vending Licence for Vending on a Beach or an Esplanade or a Garden or Park

Photograph

(Vending Licence No.)

Name: Sex:

Date of birth: National identification number: Type of vending: Vending zone:

First Schedule – (Concl’d)

Type of merchandise to be sold:

Type of service to be rendered:

(Date of issue) (DD/MM/YYYY)

(Signature of vendor)

(Signature of Chairman of the National Conservation Commission)

SECOND SCHEDULE

(Sections 10 and 11)

Part I

Application Form and Permit for Occasional Vending

National Vending Act, 2021

(Act 2021- )

Application Form and Permit for Occasional Vending for Vendors not operating on a Beach or an Esplanade or in a Garden or Park

1. Name of applicant:
2. Sex:
3. Date of birth:
4. National identification number:
5. Residential address:
6. Email address:
7. Type of occasional vending event:
   (a) Fair(b) Farmers market(c) Festival(d) Carnival(e) Cultural orrecreational event(f) Religious event
   Second Schedule – (Cont’d)
8. Name of occasional vending event:
9. Date of occasional vending event:
10. Duration of occasional vending event:
11. Type of merchandise to be sold (Where applicable):
12. Type of service to be rendered (Where applicable):
    (Signature of applicant)(Date of application) (DD/MM/YYYY)
    FOR OFFICIAL PURPOSES ONLYApplication: Approved Not Approved
    (Signature of Minister responsible forCommerce)(Date of approval of application)(DD/MM/YYYY)
    Second Schedule – (Cont’d)
    (Section 10)
    Part II
    Permit for Occasional Vending
    National Vending Act, 2021(Act 2021- )
    Permit for Occasional Vending for Vendorsnot operating on a Beach or an Esplanade or in a Garden or Park
    1. Name of applicant:
    2. Sex:
    3. Date of birth:
    4. National identification number:
    5. Residential address:
    6. Email address:
    7. Name of occasional vending event:
    8. Date of occasional vending event:
    9. Duration of occasional vending event:
       Second Schedule – (Cont’d)
    10. Type of Merchandise to be sold (Where applicable):
    11. Type of service to be rendered (Where applicable):
        
        (Signature of applicant)
        (Date of application) (DD/MM/YYYY)
        (Signature of the Minister responsible for Commerce)
        Second Schedule – (Cont’d)
        (Section 11)
        Part III
        Application Form and Permit for Occasional Vending
        National Vending Act, 2021(Act 2021- )
        Application Form for Occasional Vending for Vending on the Beach or an Esplanade or in a Garden or a Park
        1. Name of applicant:
        2. Sex:
        3. Date of birth:
        4. National identification number:
        5. Residential address:
        6. Email address:
        7. Type of occasional vending event:
           (a) Fair(b) Farmers market(c) Festival(d) Carnival(e) Cultural orrecreational event(f) Religious event
           Second Schedule – (Cont’d)
        8. Name of occasional vending event:
        9. Date of occasional vending event:
        10. Duration of occasional vending event:
        11. Type of merchandise to be sold (Where applicable):
        12. Type of service to be rendered (Where applicable):
            (Signature of applicant)(Date of application) (DD/MM/YYYY)
            FOR OFFICIAL PURPOSES ONLYApplication: Approved Not Approved
            (Signature of Chairman of NationalConservation Commission)(Date of approval of application)(DD/MM/YYYY)
            Second Schedule – (Cont’d)
            (Section 11)
            Part IV
            Permit for Occasional Vending
            National Vending Act, 2021(Act 2021- )
            Permit for Occasional Vending for Vendingon a Beach or an Esplanade or in a Garden or a Park
            1. Name of applicant:
            2. Sex:
            3. Date of birth:
            4. National identification number:
            5. Residential address:
            6. Email address:
            7. Name of occasional vending event:
            8. Date of occasional vending event:
            9. Duration of occasional vending event:
               Second Schedule – (Concl’d)
            10. Type of Merchandise to be sold (Where applicable):
            11. Type of service to be rendered (Where applicable):

(Signature of applicant)

(Date of application) (DD/MM/YYYY)

(Signature of the National Conservation Commission)

THIRD SCHEDULE

Fees

(Sections 5, 6, 10 and 11)

1. Vending Licence for vendors not operating on a beach or an esplanade or in a garden or park
2. Renewal of Vending Licence for vendors not operating on a beach or an esplanade or in a garden or park

3 Vending Licence for vendors operating on a beach or an esplanade or in a garden or park

1. Renewal of Vending Licence for vendors operating on a beach or an esplanade or in a garden or park
2. Occasional Vending permit vendors operating on a beach or an esplanade or in a garden or park
3. Occasional Vending permit vendors not operating on a beach or an esplanade or in a garden or park

$ 100

$ 100

$ 150

$ 100

$ 50

$ 25

FOURTH SCHEDULE

Lists and Descriptions

Part I

List of Esplanades, Gardens and Parks

1. King George V Memorial Park
2. Farley Hill National Park
3. Bay Street Esplanade
4. Fitts Village Esplanade
5. Hastings Esplanade
6. Speightstown Esplanade
7. Independence Square, Jubilee Gardens
8. Folkstone Marine Park

(Sections 2 and 12)

Part II

Description of certain vending zones pursuant to section 12(g)

1. The area in the vicinity of the Public Market situate at Fairchild Street, St. Michael,from and inclusive of the junction of Halls Road and Tweedside Road along the roads Halls Road, Martindales Road and Jemmotts Lane in a straight line to the sea, then along the sea coast to the Pier Head, thence along the south side of the Careenage to the Chamberlain Bridge, thence in a straight line to the junction of High Street and Broad Street, thence along and inclusive of the roads High Street, Roebuck Street and Tweedside Road to the junction of Tweedside Road and Halls Road.
2. The area in the vicinity of the Public Market situate at Eagle Hall, St. Michael, which

lies within the following boundaries:

(a)

(b)

(c)

(d)

3.

on the north-west boundary, within a line along and inclusive of the roads Deacons Road and Fairfield Road from the junction of Deacons Road and Goodlands Road to the junction of Fairfield and Grazettes Road;

On the north-east boundary, within a line along and inclusive of the roads Grazettes Road, Kew Road, Dash Road, from the junction of Fairfield Road and Grazettes Road to the junction of Dash Road and Bank Hall Road;

On the south-east boundary within a line along and inclusive of the roads Bank Hall Road from the junction of Dash Road and Bank Hall Road to the junction of Bank Hall Road and Passage Road; and

On the south and south-west boundary, within a line along and inclusive of the roads Passage Road, Westbury Road, Goodlands Road from the junction of Bank Hall Road and Passage Road to the junction of Goodlands Road and Deacons Road.

All that area within a radius of one and one-half miles of the Public Market situate

at Six Roads, St. Philip.

4. The area in the vicinity of the Public Market situate at Cheapside, Bridgetown, from

and inclusive of the junction of Roebuck Street and Country Road, thence along and including Country Road and Passage Road to the junction of Passage Road and Baxters Road, thence along and including Baxters Road to its junction with Mason Hall Street, thence along and including Mason Hall Street to its junction with St. Mary’s Row, thence along and including St. Mary’s Row and Lakes Folly to the junction of Lakes Folly and Fontabelle Road, thence in a northerly direction along and including Fontabelle Road and Lands End Road, thence along the sea coast in a south easterly direction to the Pier Head, thence along the southern side of the Careenage to the Chamberlain Bridge, thence along the western boundary of the area defined in paragraph 1 of this Schedule to the junction of Roebuck Street and Country Road.

Part III

List of Fish Landing Sites

1. Bath Beach
2. Bay Street
3. Bay Street Esplanade Browne’s Beach
4. Berinda Cox Fish Market at Oistins
5. Brandons
6. Bridgetown Complex (BFC)
7. Brighton Beach

8 Brooklyn

1. Burke’s Beach
2. Careenage
3. Cholera Bay
4. Consett Bay
5. Crane Beach
6. Dover
7. Fitts Village
8. Foul Bay
9. Half Moon Fort
10. Heron Bay or Colony Club
11. Holetown

20.. Long Bay

1. Martin’s Bay
2. Mount Standfast
3. Payne’s Bay
4. Pile Bay
5. Prospect
6. Shallow Draught or Sand Pit
7. Silver Sands
8. Six Men’s
9. Skeete’s Bay
10. Speightstown
11. Stroud Bay
12. St. Lawrence
13. Tent Bay
14. Weston
15. White Head Trees
16. Worthings or Sandy Beach

FIFTH SCHEDULE

Part I Relocation Notice

National Vending Act, 2021

(Act 2021- )

Relocation Notice

(Section 19)

Due to ,

(State reason)

the Manager of Vending Zones has determined that it is necessary to remove and relocate

, ,

(Name of vendor)

(Vending Licence No.)

engaged in from ,

(Type of vending) (Former vending zone)

to for the period day of ,

(New vending zone)

20 to day of , 20 .

This Notice shall be effective at the end of the 30 day period after the date of service on the vendor.

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

Fifth Schedule – (Cont’d)

(Section 19)

Part II Eviction Notice

National Vending Act, 2021

(Act 2021- )

Eviction Notice

Due to ,

(State reason)

the Manager of Vending Zones has determined that it is necessary to evict you,

, ,

(Name of vendor)

(Vending Licence No.)

engaged in from .

(Type of vending) (Vending zone)

This Notice shall be effective at the end of the 30 day period after the date of service on the vendor.

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

Fifth Schedule – (Cont’d)

(Section 19)

Part III Emergency Relocation Notice

National Vending Act, 2021

(Act 2021- )

Emergency Relocation Notice

Due to ,

(State reason)

the Manager of Vending Zones has determined that it is necessary to remove and relocate

, ,

(Name of vendor)

(Vending Licence No.)

engaged in from ,

(Type of vending) (Former vending zone)

to for the period day of ,

(New vending zone)

20 to day of ,20 .

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

Fifth Schedule – (Cont’d)

(Section 19)

Part IV Emergency Eviction Notice

National Vending Act, 2021

(Act 2021- )

Emergency Eviction Notice

Due to ,

(State reason)

the Manager of Vending Zones has determined that it is necessary to evict you,

, ,

(Name of vendor)

(Vending Licence No.)

engaged in from ,

(Type of vending) (Vending zone)

This Notice shall be effective at the end of a 24 hour period after the date of service on the vendor.

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

Fifth Schedule – (Concl’d)

(Section 20)

Part V Seizure Notice

National Vending Act, 2021

(Act 2021- )

Seizure Notice

To: ,

(Name of vendor)

(Vending Licence No.)

The Manager of Vending Zones served a

(Type of Notice)

to you on the day of , 20 . The Manager of Vending Zones determined that it was necessary to seize the items listed below pursuant to the execution to the Notice.

The items seized and the descriptions thereof are listed as follows:

1.

2.

3.

4.

5.

The items can be reclaimed from the Manager of Vending Zones on the day of

, 20 at the .

(Location)

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

Fifth Schedule – (Concl’d)

(Section 20)

Part V Seizure Notice

National Vending Act, 2021

(Act 2021- )

Seizure Notice

To: ,

(Name of vendor)

(Vending Licence No.)

The Manager of Vending Zones served a

(Type of Notice)

to you on the day of , 20 . The Manager of Vending Zones determined that it was necessary to seize the items listed below pursuant to the execution to the Notice.

The items seized and the descriptions thereof are listed as follows:

1.

2.

3.

4.

5.

The items can be reclaimed from the Manager of Vending Zones on the day of

, 20 at the .

(Location)

(Date of service) (DD/MM/YYYY)

(Signature of the Manager of Vending Zones)

SIXTH SCHEDULE

National Vending Committee

Constitution of the Committee

(Section 21)

1.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

The National Vending Committee shall comprise the following: a representative of the Barbados Chamber of Commerce;

a representative of the Barbados National Standards Institution;

a representative of the Barbados Association of Vendors, Retailers and Entrepreneurs;

a representative of the Association of Wayside Vendors;

a representative of the Ministry responsible for Commerce; the Registrar of Cooperatives;

the Manager of Markets;

the Senior Manager of Markets;

a representative of the Ministry responsible for vocational training; a representative of the Ministry responsible for health;

a representative of the Ministry responsible for technology; a representative of the Ministry responsible for education; a representative of the Ministry responsible for fisheries;

a representative of the Town and Country Planning Department; and a representative of the National Conservation Commission.

(2) The Minister shall appoint a Chairman from among the members.

Tenure

2.(1)

A member of the Committee shall be appointed for a period of 3 years

by instrument of appointment and is eligible for re-appointment.

(2) The Minister may at any time revoke the appointment of any member of

the Committee.

Resignation

1. Any member of the Committee may at any time resign his office byinstrument in writing addressed to the Minister and transmitted to him through the Chairman, and from the date of the receipt by the Minister of the instrument the member ceases to be a member of the Committee.
   Publication of membership
2. The Committee as first constituted and every change in the

membership thereof shall be published in the Official Gazette.

Procedure and meetings

5.(1)

The Committee shall meet at such times as may be necessary or

expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Committee determines, but the Committee shall meet not less than twice a year.

1. The Chairman may at any time call a special meeting of the Committee,and shall call a special meeting to be held within 7 days of a written request for the purpose addressed to him by any 2 members of the Committee.
2. The Chairman shall preside at all meetings of the Committee at which heis present, and in the case of his absence or inability to act at any meeting the members present at the meeting constituting a quorum shall elect one of the members to preside at that meeting.
3. At any meeting at which the voting is equal the Chairman or the personpresiding has a second or casting vote.
4. The quorum of the Committee is a majority of the total membershipthereof.
5. Subject to this Schedule the Committee may regulate its own proceedings.
6. The validity of the proceedings of the Committee is not affected by any

vacancy in the membership thereof or by any defect in the appointment of a member thereof.

Remuneration of members

1. There may be paid to the Chairman and other members of theCommittee such remuneration and such allowances as the Minister may determine.
   SEVENTH SCHEDULE
   (Section 28)
   Part I
   Administrative Penalties
   Description of ContraventionProvisionPenaltyVending without a licence contrary to section 4(2)Section 4(2)$500Vending with a licence that has been suspended or revokedSection 8(3)$1 500Vending in contravention of the varied conditions of a licenceSection 8(4)$1 500Occasional Vending without a permit contrary to section 10(1)Section 10(6)$500Occasional Vending without a permit contrary to section 11(1)Section 11(6)Prohibition of vending outside of a vending zoneSection 16$1 500Failing to comply with an obligation pursuant to section 18(1)Section 18(2)$1 500
   Seventh Schedule – (Concl’d)
   (Section 29)
   Part II Ticket
   National Vending Act, 2021(Act 2021- )
   Administrative Penalty Notice
   On the day of , 20 , at(Time), ,(Location)(Name of vendor) (Vending Licence No.)was seen engaging in activity which gave me reasonable cause to believe that there was a contravention of the Act. The particulars of the contravention are set out as follows:
   Signature of the Manager of Vending Zones: Date:
   EIGHTH SCHEDULE
   (Section 36)
   
   Column 1
   EnactmentsCONSEQUENTIAL AMENDMENTSColumn 2
   Amendments
   1. Markets and Slaughter- Houses Act, Cap. 265
   2. Markets and Slaughter- Houses Regulations, 1958 (L.N. 1958/53)

1. In section 2 insert in the appropriate alphabetical order the following:
   ” “Manager of Markets” means the manager of any public market or any person acting with the authority of the Manager of Markets;”.
2. Delete all references in the Act to the words “Chief Supervisor” and substitute the words “Manager of Markets”.

1. Delete all references in the Regulations to the words “Chief Supervisor” and substitute the words “Manager of Markets”.
2. Delete regulation 25 and substitute the following: “Manager of Markets may let market stalls25. Subject to the provisions of these regulations, the Manager of Markets may on the payment of the appropriate rent as set out in the First Schedule let to a person licensed as a vendor pursuant to the National Vending Act, 2021 (Act 2021- ) any market stall in any public market.”.
   Eighth Schedule – (Cont’d)
   CONSEQUENTIAL AMENDMENTS – (Cont’d)
   Column 1
   Enactments
   1. Markets and Slaughter- Houses Regulations, 1958 (L.N. 1958/53) – (Cont’d)Column 2
      Amendments
   2. Delete regulation 26 and substitute the following:
      “Tenant of market stall licensed to occupy and use it for period of tenancy
      26. Where a tenant has been let a market stall pursuant to section 25, that tenant shall be considered to be licensed to occupy and use the market stall let to him for the period of the tenancy, provided that he complies with the provisions of the Act and these Regulations.”.
   3. Delete regulation 45.
   4. Delete regulation 46.
   5. Delete regulations 48, 61, 62, 63 and 64.
   6. In the First Schedule delete the item which refers to
      1. Regulation 46 Permit Fee;
      2. Regulation 61 Meat shop licences; and
      3. Regulation 64 Meat vendor’s licences.
         Eighth Schedule – (Cont’d)
         CONSEQUENTIAL AMENDMENTS – (Cont’d)
         Column 1
         Enactments
         1. Markets and Slaughter- Houses Regulations, 1958 (L.N. 1958/53) – (Concl’d)
         2. National Conservation Commission Act, Cap. 393
         Column 2
         Amendments
   7. Delete the Second Schedule.
   8. In the Third Schedule delete the item which refers to
      1. Regulation 46 Permit to sell within Prohibited Areas;
      2. Regulation 48 Fish Seller’s Licence;
      3. Regulation 61 Meat Shop Licenced; and
      4. Regulation 64 Meat Vendor’s Licence.”.

1. Delete Part IV.
2. Delete subsections (1) and (1A) of section 31.
3. Section 32(1) is deleted and the following is substituted: “(1) A person employed by the Commissionas a ranger or warden may arrest without a warrant any person who commits an offence specified in paragraph (a) or (b) of subsection (2) of section 31.”.
   Eighth Schedule – (Concl’d)
   CONSEQUENTIAL AMENDMENTS – (Concl’d)
   Column 1
   Enactments
4. National Conservation Commission (Fees) Regulations, 2015 (S.I. 2015 No. 78)

Column 2

Amendments

The Schedule is amended by deleting all references to Vendor’s Licences and the fees connected thereto.

Read three times and passed the House of Assembly this day of , 2021.

Speaker

Read three times and passed the Senate this day of

, 2021.

President

PARLIAMENT

SECOND SESSION OF 2018-2023

BILL

cited as the National Vending Act, 2021

Government Printing Department