ICAO Annex 09th.

Page 1

INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

FACILITATION

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COVER SHEET TO AMENDMENT 20

TWELFTH EDITION — JULY 2005

INTERNATIONAL CIVIL AVIATION ORGANIZATION

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ANNEX 9 TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION


Checklist of Amendments to Annex 9 Date of applicability Twelfth Edition (incorporates Amendments 1 to 19)

24 November 2005

15 July 2007

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Amendment 20 (adopted by the Council on 20 November 2006) Replacement pages (iv), 1-2 to 1-4, 2-1, 6-6, 8-2 to 8-4, APP 1-1, APP 11-1, APP 12-2, APP 13-1.

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Transmittal note Amendment 20 to the

FACILITATION (Annex 9 to the Convention on International Civil Aviation)

1.

Insert the following new and replacement pages in Annex 9 (Twelfth Edition) to incorporate Amendment 20 which becomes applicable on 15 July 2007: a)

2.

Page (iv)

— Table of Contents

b) Pages 1-2 to 1-4

— Chapter 1

c)

Page 2-1

— Chapter 2

d) Page 6-6

— Chapter 6

e)

Pages 8-2 to 8-4

— Chapter 8

f)

Page APP 1-1

— Appendix 1

g) Page APP 11-1

— Appendix 11

h) Page APP 12-2

— Appendix 12

i)

— Appendix 13

Page APP 13-1

Record the entry of this amendment on page (ii).

___________________

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International Standards and Recommended Practices


International Standards and Recommended Practices

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Annex 9 to the Convention on International Civil Aviation

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Facilitation

This edition incorporates all amendments adopted by the Council prior to 8 March 2005 and supersedes, on 24 November 2005, all previous editions of Annex 9. For information regarding the applicability of the Standards and Recommended Practices, see Foreword.

Twelfth Edition July 2005

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International Civil Aviation Organization. Attention: Document Sales Unit, 999 University Street, Montréal, Quebec, Canada H3C 5H7 Telephone: +1 (514) 954-8022; Facsimile: +1 (514) 954-6769; Sitatex: YULCAYA; E-mail: sales@icao.int; World Wide Web: http://www.icao.int Cameroon. KnowHow, 1, Rue de la Chambre de Commerce-Bonanjo, B.P. 4676, Douala, Telephone: +237 343 98 42, Facsimile: +237 343 89 25, E-mail: knowhow_doc@yahoo.fr China. Glory Master International Limited, Room 434B, Hongshen Trade Centre, 428 Dong Fang Road, Pudong, Shanghai 200120 Telephone: +86 137 0177 4638; Facsimile: +86 21 5888 1629; E-mail: glorymaster@online.sh.cn Egypt. ICAO Regional Director, Middle East Office, Egyptian Civil Aviation Complex, Cairo Airport Road, Heliopolis, Cairo 11776 Telephone: +20 (2) 267 4840; Facsimile: +20 (2) 267 4843; Sitatex: CAICAYA; E-mail: icao@idsc.net.eg France. Directeur régional de l’OACI, Bureau Europe et Atlantique Nord, 3 bis, villa Émile-Bergerat, 92522 Neuilly-sur-Seine (Cedex) Téléphone: +33 (1) 46 41 85 85; Fax: +33 (1) 46 41 85 00; Sitatex: PAREUYA; Courriel: icaoeurnat@paris.icao.int Germany. UNO-Verlag GmbH, Am Hofgarten 10, D-53113 Bonn / Telephone: +49 (0) 2 28-9 49 0 20; Facsimile: +49 (0) 2 28-9 49 02 22; E-mail: info@uno-verlag.de; World Wide Web: http://www.uno-verlag.de India. Oxford Book and Stationery Co., Scindia House, New Delhi 110001 or 17 Park Street, Calcutta 700016 Telephone: +91 (11) 331-5896; Facsimile: +91 (11) 51514284 India. Sterling Book House – SBH, 181, Dr. D. N. Road, Fort, Bombay 400001 Telephone: +91 (22) 2261 2521, 2265 9599; Facsimile: +91 (22) 2262 3551; E-mail: sbh@vsnl.com Japan. Japan Civil Aviation Promotion Foundation, 15-12, 1-chome, Toranomon, Minato-Ku, Tokyo Telephone: +81 (3) 3503-2686; Facsimile: +81 (3) 3503-2689 Kenya. ICAO Regional Director, Eastern and Southern African Office, United Nations Accommodation, P.O. Box 46294, Nairobi Telephone: +254 (20) 622 395; Facsimile: +254 (20) 623 028; Sitatex: NBOCAYA; E-mail: icao@icao.unon.org Mexico. Director Regional de la OACI, Oficina Norteamérica, Centroamérica y Caribe, Av. Presidente Masaryk No. 29, 3er Piso, Col. Chapultepec Morales, C.P. 11570, México D.F. / Teléfono: +52 (55) 52 50 32 11; Facsímile: +52 (55) 52 03 27 57; Correo-e: icao_nacc@mexico.icao.int Nigeria. Landover Company, P.O. Box 3165, Ikeja, Lagos Telephone: +234 (1) 4979780; Facsimile: +234 (1) 4979788; Sitatex: LOSLORK; E-mail: aviation@landovercompany.com Peru. Director Regional de la OACI, Oficina Sudamérica, Apartado 4127, Lima 100 Teléfono: +51 (1) 575 1646; Facsímile: +51 (1) 575 0974; Sitatex: LIMCAYA; Correo-e: mail@lima.icao.int Russian Federation. Aviaizdat, 48, Ivan Franko Street, Moscow 121351 / Telephone: +7 (095) 417-0405; Facsimile: +7 (095) 417-0254 Senegal. Directeur régional de l’OACI, Bureau Afrique occidentale et centrale, Boîte postale 2356, Dakar Téléphone: +221 839 9393; Fax: +221 823 6926; Sitatex: DKRCAYA; Courriel: icaodkr@icao.sn Slovakia. Air Traffic Services of the Slovak Republic, Letové prevádzkové sluzby Slovenskej Republiky, State Enterprise, Letisko M.R. Stefánika, 823 07 Bratislava 21 / Telephone: +421 (7) 4857 1111; Facsimile: +421 (7) 4857 2105 South Africa. Avex Air Training (Pty) Ltd., Private Bag X102, Halfway House, 1685, Johannesburg Telephone: +27 (11) 315-0003/4; Facsimile: +27 (11) 805-3649; E-mail: avex@iafrica.com Spain. A.E.N.A. — Aeropuertos Españoles y Navegación Aérea, Calle Juan Ignacio Luca de Tena, 14, Planta Tercera, Despacho 3. 11, 28027 Madrid / Teléfono: +34 (91) 321-3148; Facsímile: +34 (91) 321-3157; Correo-e: sscc.ventasoaci@aena.es Switzerland. Adeco-Editions van Diermen, Attn: Mr. Martin Richard Van Diermen, Chemin du Lacuez 41, CH-1807 Blonay Telephone: +41 021 943 2673; Facsimile: +41 021 943 3605; E-mail: mvandiermen@adeco.org Thailand. ICAO Regional Director, Asia and Pacific Office, P.O. Box 11, Samyaek Ladprao, Bangkok 10901 Telephone: +66 (2) 537 8189; Facsimile: +66 (2) 537 8199; Sitatex: BKKCAYA; E-mail: icao_apac@bangkok.icao.int United Kingdom. Airplan Flight Equipment Ltd. (AFE), 1a Ringway Trading Estate, Shadowmoss Road, Manchester M22 5LH Telephone: +44 161 499 0023; Facsimile: +44 161 499 0298; E-mail: enquiries@afeonline.com; World Wide Web: http://www.afeonline.com 6/05

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TRANSMITTAL NOTE NEW EDITIONS OF ANNEXES TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

It has come to our attention that when a new edition of an Annex is published, users have been discarding, along with the previous edition of the Annex, the Supplement to the previous edition. Please note that the Supplement to the previous edition should be retained until a new Supplement is issued.

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International Standards and Recommended Practices

Annex 9 to the Convention on International Civil Aviation

Facilitation

This edition incorporates all amendments adopted by the Council prior to 8 March 2005 and supersedes, on 24 November 2005, all previous editions of Annex 9. For information regarding the applicability of the Standards and Recommended Practices, see Foreword.

Twelfth Edition July 2005

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AMENDMENTS The issue of amendments is announced regularly in the ICAO Journal and in the monthly Supplement to the Catalogue of ICAO Publications and Audio-visual Training Aids, which holders of this publication should consult. The space below is provided to keep a record of such amendments.

RECORD OF AMENDMENTS AND CORRIGENDA AMENDMENTS

CORRIGENDA

No.

Date applicable

Date entered

Entered by

1-19

24/11/05

—

ICAO

No.

Date of issue

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TABLE OF CONTENTS

FOREWORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 1.

(v)

Definitions and general principles . . . .

1-1

A. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. General principles . . . . . . . . . . . . . . . . . . . . . . .

1-1 1-3

CHAPTER 2. A. B. C. D. E. F.

Entry and departure of aircraft . . . . . .

2-1

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents — requirements and use . . . . . . . . Correction of documents . . . . . . . . . . . . . . . . . . Disinsection of aircraft . . . . . . . . . . . . . . . . . . . Disinfection of aircraft . . . . . . . . . . . . . . . . . . . . Arrangements concerning international general aviation and other non-scheduled flights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. Prior authorization . . . . . . . . . . . . . . . . . . . III. Advance notification of arrival . . . . . . . . . IV. Clearance and sojourn of aircraft . . . . . . .

2-1 2-1 2-2 2-2 2-2

CHAPTER 3. Entry and departure of persons and their baggage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. C. D. E. F. G. H. I. J. K. L. M.

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents required for travel . . . . . . . . . . . . . . Security of travel documents . . . . . . . . . . . . . . . Travel documents . . . . . . . . . . . . . . . . . . . . . . . . Exit visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry/re-entry visas . . . . . . . . . . . . . . . . . . . . . . Embarkation/Disembarkation Cards . . . . . . . . . Certificates of vaccination . . . . . . . . . . . . . . . . . Inspection of travel documents . . . . . . . . . . . . . Departure procedures . . . . . . . . . . . . . . . . . . . . . Entry procedures and responsibilities . . . . . . . . Transit procedures and requirements . . . . . . . . Disposition of baggage separated from its owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N. Identification and entry of crew and other aircraft operators’ personnel . . . . . . . . . . . . . . . O. Flight operations and cabin safety inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANNEX 9

Page CHAPTER 4. Entry and departure of cargo and other articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Information required by the public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Release and clearance of export cargo . . . . . . . D. Release and clearance of import cargo . . . . . . . E. Spare parts, equipment, stores and other material imported or exported by aircraft operators in connection with international services . . . . . . . . . . . . . . . . . . . . . F. Containers and pallets . . . . . . . . . . . . . . . . . . . . G. Mail documents and procedures . . . . . . . . . . . . CHAPTER 5.

4-1 4-2 4-2

4-3 4-3 4-4 5-1

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inadmissable persons . . . . . . . . . . . . . . . . . . . . . Deportees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procurement of a replacement travel document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5-1 5-1 5-2 5-2

CHAPTER 6 International airports — facilities and services for traffic . . . . . . . . . . . . . . . . . . . . . . . . . .

6-1

A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Airport traffic flow arrangements . . . . . . . . . . . I. Common provisions . . . . . . . . . . . . . . . . . . II. Parking and servicing arrangements . . . . . . III. Outbound passengers, crew and baggage . . . . . . . . . . . . . . . . . . . . . . . . . IV. Inbound passengers, crew and baggage . . . . . . . . . . . . . . . . . . . . . . . . . V. Transit and transfer of passengers and crew . . . . . . . . . . . . . . . . . . . . . . . . . . . VI. Miscellaneous facilities and services in passenger terminal buildings . . . . . . . . . VII. Cargo and mail handling and clearance facilities . . . . . . . . . . . . . . . . . . . . C. Facilities required for implementation of public health, emergency medical relief, and animal and plant quarantine measures . . . . D. Facilities required for clearance controls and operation of control services . . . . . . . . . . . . E. Monetary exchange facilities . . . . . . . . . . . . . . . F. Unruly passengers . . . . . . . . . . . . . . . . . . . . . . . .

3-1 3-1 3-1 3-1 3-1 3-2 3-2 3-2 3-3 3-3 3-3 3-3 3-4 3-5 3-5 3-6 (iii)

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4-1

Inadmissible persons and deportees . . .

A. B. C. D.

2-3 2-3 2-3 2-3 2-4

4-1

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24/11/05

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Annex 9 — Facilitation

Table of Contents

7-1

A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Short stopover . . . . . . . . . . . . . . . . . . . . . . . . . . C. No resumption of flight . . . . . . . . . . . . . . . . . . .

7-1 7-1 7-1

CHAPTER 8.

Other facilitation provisions . . . . . . . .

A. Bonds and exemption from requisition or seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Facilitation of search, rescue, accident investigation and salvage . . . . . . . . . . . . . . . . . . C. Relief flights following natural and man-made disasters which seriously endanger human health or the environment, and similar emergency situations where United Nations (UN) assistance is required . . . . . . . . . . . . . . . . D. Marine pollution and safety emergency operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Implementation of international health regulations and related provisions . . . . . . . . . . . F. Communicable disease outbreak national aviation plan . . . . . . . . . . . . . . . . . . . . . G. Establishment of national facilitation programmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. Facilitation of the transport of passengers requiring special assistance . . . . . . . . . . . . . . . . I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. Access to airports . . . . . . . . . . . . . . . . . . . . III. Access to air services . . . . . . . . . . . . . . . . . I. Assistance to aircraft accident victims and their families . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX 1.

General Declaration . . . . . . . . . .

15/7/07 24/11/05

8-1

8-1 8-1

8-1 8-2 8-2 8-2

APPENDIX 2. Passenger Manifest . . . . . . . . . . .

APP 2-1

APPENDIX 3. Cargo Manifest . . . . . . . . . . . . . .

APP 3-1

APPENDIX 4. Certificate of residual disinsection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APP 4-1

APPENDIX 5. Embarkation/Disembarkation Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APP 5-1

APPENDIX 6. Recommendation of the Customs Co-operation Council . . . . . . . . . . . . . . . .

APP 6-1

APPENDIX 7. Crew Member Certificate (CMC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

APP 7-1

APPENDIX 8. Civil Aviation Safety Inspector Certificate . . . . . . . . . . . . . . . . . . . . . . . .

APP 8-1

APPENDIX 9. Suggested formats for documents relating to the return of inadmissible persons . . . . . . . . . . . . . . . . . . . . . . . .

APP 9-1

APPENDIX 10. United Nations layout key for trade documents . . . . . . . . . . . . . . . . . . . . . . . . . APP 10-1

8-3

APPENDIX 11. Model airport facilitation (FAL) programme . . . . . . . . . . . . . . . . . . . . . . . . . . APP 11-1

8-3 8-3 8-3 8-4

APPENDIX 12. Model national FAL programme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APP 12-1

8-4 APPENDIX 13. Public health passenger locator card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APP 13-1

APP 1-1

(iv)

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CHAPTER 7. Landing elsewhere than at international airports . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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FOREWORD

Historical background

Applicability As indicated in Chapter 1, Section B, the Standards and Recommended Practices in this document apply to all

* A number of other articles of the Convention have special pertinence to the provisions of the FAL Annex and have been taken into account in its preparation. In particular, persons responsible for the implementation of the provisions of this Annex should be familiar with the following articles in addition to Articles 22 and 23: Article 10, Landing at customs airport; Article 11, Applicability of air regulations; Article 13, Entry and clearance regulations; Article 14, Prevention of spread of disease; Article 24, Customs duty; Article 29, Documents carried in aircraft; Article 35, Cargo restrictions.

The Standards and Recommended Practices on Facilitation are the outcome of Article 37 of the Convention, which

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(v)

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In addition to the Standards and Recommended Practices of Annex 9, the Organization’s FAL Programme is based on the FAL Resolutions of the Assembly and B-type recommendations of FAL Division Sessions which are those recommendations which do not suggest amendments to the Annex provisions.

Twelfth Edition.— The present edition incorporates, inter alia, provisions arising from the A-type recommendations of the Twelfth Session of the Facilitation Division (FAL/12) (Cairo, Egypt, 22 March to 1 April 2004) on issues including Machine Readable Travel Documents (MRTDs), the deployment of biometric technologies in travel documents, aviation security, travel document fraud and illegal immigration, advance passenger information, international health issues and regulations, and assistance to aircraft accident victims and their families. This again resulted in a comprehensive amendment of Annex 9. This Twelfth Edition of Annex 9 became effective on 11 July 2005 and is to become applicable on 24 November 2005.

ANNEX 9

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Standards and Recommended Practices on Facilitation were first adopted by the Council on 25 March 1949, pursuant to the provisions of Article 37 of the Convention on International Civil Aviation (Chicago, 1944), and designated as Annex 9 to the Convention with the title “Standards and Recommended Practices — Facilitation”. They became effective on 1 September 1949. The Standards and Recommended Practices were based on recommendations of the First and Second Sessions of the Facilitation Division, held at Montreal in February 1946 and at Geneva in June 1948. They were expanded and amended comprehensively as a result of subsequent Sessions of the Division, i.e., the Third Session, held at Buenos Aires in December 1951, the Fourth Session, held at Manila in October 1955, the Fifth Session, held at Rome in December 1959, the Sixth Session, held at Mexico City in March-April 1963, the Seventh Session, held at Montreal in May 1968, the Eighth Session, held at Dubrovnik in March 1973, the Ninth Session held at Montreal in April-May 1979, the Tenth Session held at Montreal in September 1988 and the Eleventh Session held in Montreal in April 1995, and the Third Meeting of the Facilitation (FAL) Panel held in Montreal in February 2001. As a result of the Division’s and FAL Panel’s Recommendations for amendment of Annex 9 and Council’s action thereon, the Second Edition of Annex 9 became effective on 1 March 1953, the Third Edition on 1 November 1956, the Fourth Edition on 1 November 1960, the Fifth Edition on 1 April 1964, the Sixth Edition on 1 April 1969, the Seventh Edition on 15 April 1974, the Eighth Edition on 15 July 1980, the Ninth Edition on 15 November 1990, the Tenth Edition on 30 April 1997 and the Eleventh Edition on 15 July 2002.

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provides, inter alia, that the “International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with . . . customs and immigration procedures . . . and such other matters concerned with the safety, regularity and efficiency of air navigation as may from time to time appear appropriate”. The policy with respect to the implementation by States of the Standards and Recommended Practices on Facilitation is strengthened by Article 22 of the Convention, which expresses the obligation accepted by each Contracting State “to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of Contracting States, and to prevent unnecessary delays to aircraft, crews, passengers, and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance”, and by Article 23 of the Convention, which expresses the undertaking of each Contracting State “so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time pursuant to this Convention”.*


Annex 9 — Facilitation

Foreword

categories of aircraft operation except where a particular provision specifically refers to one type of operation without mentioning other types of operations.

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Use of the text of the Annex in national regulations. The Council, on 13 April 1948, adopted a resolution inviting the attention of Contracting States to the desirability of using in their own national regulations, as far as practicable, the precise language of those ICAO Standards that are of a regulatory character and also indicating departures from the Standards, including any additional national regulations that were important for the safety or regularity of air navigation. Wherever possible, the provisions of this Annex have been written in such a way as would facilitate incorporation, without major textual changes, into national legislation.

The Standards and Recommended Practices on Facilitation inevitably take two forms: first a “negative” form, e.g. that States shall not impose more than certain maximum requirements in the way of paperwork, restrictions of freedom of movement, etc., and second a “positive” form, e.g. that States shall provide certain minimum facilities for passenger convenience, for traffic which is merely passing through, etc. Whenever a question arises under a “negative” provision, it is assumed that States will, wherever possible, relax their requirements below the maximum set forth in the Standards and Recommended Practices. Wherever there is a “positive” provision, it is assumed that States will, wherever possible, furnish more than the minimum set forth in the Standards and Recommended Practices.

General information An Annex is made up of the following component parts, not all of which, however, are necessarily found in every Annex; they have the status indicated: 1.— Material comprising the Annex proper

Action by Contracting States

a) Standards and Recommended Practices adopted by the Council under the provisions of the Convention. They are defined, in the case of this Annex, as follows:

Notification of differences. The attention of Contracting States is drawn to the obligation imposed by Article 38 of the Convention by which Contracting States are required to notify the Organization of any differences between their national regulations and practices and the International Standards contained in this Annex and any amendments thereto. Contracting States are invited to extend such notification to any differences from the Recommended Practices contained in this Annex, and any amendments thereto. Further, Contracting States are invited to keep the Organization currently informed of any differences which may subsequently occur, or of the withdrawal of any differences previously notified. A specific request for notification of differences will be sent to Contracting States immediately after the adoption of each Amendment to this Annex.

Standard: Any specification, the uniform observance of which has been recognized as practicable and as necessary to facilitate and improve some aspect of international air navigation, which has been adopted by the Council pursuant to Article 54 (l) of the Convention, and in respect of which non-compliance must be notified by Contracting States to the Council in accordance with Article 38. Recommended Practice: Any specification, the observance of which has been recognized as generally practicable and as highly desirable to facilitate and improve some aspect of international air navigation, which has been adopted by the Council pursuant to Article 54 (l) of the Convention, and to which Contracting States will endeavour to conform in accordance with the Convention.

Attention of States is also drawn to the provision of Annex 15 related to the publication of significant differences between their national regulations and practices and the related ICAO Standards and Recommended Practices through the Aeronautical Information Service, in addition to the obligation of States under Article 38 of the Convention. Promulgation of information. The establishment and withdrawal of and changes to facilities, services and procedures affecting aircraft operations provided in accordance with the Standards and Recommended Practices specified in this Annex should be notified and take effect in accordance with the provisions of Annex 15.

b) Appendices comprising material grouped separately for convenience but forming part of the Standards and Recommended Practices adopted by the Council. c) Definitions of terms used in the Standards and Recommended Practices which are not self-explanatory in that they do not have accepted dictionary meanings. A definition does not have an independent status but it is an essential part of each Standard and Recommended Practice in which the term is used, since a change in the meaning of the term would affect the specification.

Contracting States should make every effort to publish the FAL information required by Annex 15 (as amplified by the Aeronautical Information Services Manual — Doc 8126) and, in particular, ensure that they conform with the new requirements as to presentation and contents of such information prescribed by the Twelfth Edition of Annex 15. 24/11/05

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Foreword

Annex 9 — Facilitation

2.— Material approved by the Council for publication in association with the Standards and Recommended Practices

This Annex has been adopted in six languages — English, Arabic, Chinese, French, Russian and Spanish. Each Contracting State is requested to select one of those texts for the purpose of national implementation and for other effects provided for in the Convention, either through direct use or through translation into its own national language, and to notify the Organization accordingly.

a) Forewords comprising historical and explanatory material based on the action of the Council and including an explanation of the obligations of States with regard to the application of the Standards and Recommended Practices ensuing from the Convention and the Resolution of Adoption.

The following practice has been adhered to in order to indicate at a glance the status of each statement: Standards have been printed in light face roman; Recommended Practices have been printed in light face italics, the status being indicated by the words Recommended Practice; Notes have been printed in light face italics, the status being indicated by the prefix Note.

b) Introductions comprising explanatory material introduced at the beginning of parts, chapters or sections of the Annex to assist in the understanding of the application of the text. c) Notes included in the text, where appropriate, to give factual information or references bearing on the Standards or Recommended Practices in question, but not constituting part of the Standards or Recommended Practices.

Any reference to a portion of this document which is identified by a number includes all subdivisions of the portion.

d) Attachments comprising material supplementary to the Standards and Recommended Practices, or included as a guide to their application.

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Throughout this Annex, the use of the male gender should be understood to include male and female persons.

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INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

A.

DEFINITIONS AND GENERAL PRINCIPLES

Definitions

Cargo. Any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage.

When the following terms are used in the Standards and Recommended Practices on Facilitation, they have the following meanings:

Clearance of goods. The accomplishment of the customs formalities necessary to allow goods to enter home use, to be exported or to be placed under another customs procedure.

Admission. The permission granted to a person to enter a State by the public authorities of that State in accordance with its national laws.

Commencement of journey. The point at which the person began his journey, without taking into account any airport at which he stopped in direct transit, either on a throughflight or a connecting flight, if he did not leave the direct transit area of the airport in question.

Aircraft equipment. Articles, including first-aid and survival equipment and commissary supplies, but not spare parts or stores, for use on board an aircraft during flight.

Commissary supplies. Items, either disposable or intended for multiple use, that are used by the aircraft operator for provision of services during flights, in particular for catering, and for the comfort of passengers.

Aircraft operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation.

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Aircraft operators’ documents. Air waybills/consignment notes, passenger tickets and boarding passes, bank and agent settlement plan documents, excess baggage tickets, miscellaneous charges orders (M.C.O.), damage and irregularity reports, baggage and cargo labels, timetables, and weight and balance documents, for use by aircraft operators.

Crew member. A person assigned by an operator to duty on an aircraft during a flight duty period. Declarant. Any person who makes a goods declaration or in whose name such a declaration is made. Deportation order. A written order, issued by the competent authorities of a State and served upon a deportee, directing him to leave that State.

Airline. As provided in Article 96 of the Convention, any air transport enterprise offering or operating a scheduled international air service.

Deportee. A person who had legally been admitted to a State by its authorities or who had entered a State illegally, and who at some later time is formally ordered by the competent authorities to leave that State.

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Authorized agent. A person who represents an aircraft operator and who is authorized by or on behalf of such operator to act on formalities connected with the entry and clearance of the operator’s aircraft, crew, passengers, cargo, mail, baggage or stores and includes, where national law permits, a third party authorized to handle cargo on the aircraft.

Direct transit area. A special area established in an international airport, approved by the public authorities concerned and under their direct supervision or control, where passengers can stay during transit or transfer without applying for entry to the State.

Baggage. Personal property of passengers or crew carried on an aircraft by agreement with the operator.

Direct transit arrangements. Special arrangements approved by the public authorities concerned by which traffic which is pausing briefly in its passage through the Contracting State may remain under their direct control.

Border integrity. The enforcement, by a State, of its laws and/or regulations concerning the movement of goods and/or persons across its borders. ANNEX 9

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Chapter 1

Disembarkation. The leaving of an aircraft after a landing, except by crew or passengers continuing on the next stage of the same through-flight.

Note.— A list of infected areas notified by health administrations is published in the World Health Organization’s Weekly Epidemiological Record.

Disinsection. The operation in which measures are taken to control or kill insects present in aircraft and in containers.

International airport. Any airport designated by the Contracting State in whose territory it is situated as an airport of entry and departure for international air traffic, where the formalities incident to customs, immigration, public health, animal and plant quarantine and similar procedures are carried out.

Embarkation. The boarding of an aircraft for the purpose of commencing a flight, except by such crew or passengers as have embarked on a previous stage of the same throughflight.

Lading. The placing of cargo, mail, baggage or stores on board an aircraft to be carried on a flight.

Flight crew member. A licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period.

Mail. Dispatches of correspondence and other items tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union (UPU).

Free zone. A part of the territory of a Contracting State where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory.

Mishandled baggage. Baggage involuntarily, or inadvertently, separated from passengers or crew.

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Narcotics control. Measures to control the illicit movement of narcotics and psychotropic substances by air.

General aviation operation. An aircraft operation other than a commercial air transport operation or an aerial work operation.

Person with disabilities. Any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers.

Ground equipment. Articles of a specialized nature for use in the maintenance, repair and servicing of an aircraft on the ground, including testing equipment and cargo- and passenger-handling equipment.

Pilot-in-command. The pilot responsible for the operation and safety of the aircraft during flight time.

Immigration control. Measures adopted by States to control the entry into, transit through and departure from their territories of persons travelling by air.

Public authorities. The agencies or officials of a Contracting State responsible for the application and enforcement of the particular laws and regulations of that State which relate to any aspect of these Standards and Recommended Practices.

Import duties and taxes. Customs duties and all other duties, taxes or charges, which are collected on or in connection with the importation of goods. Not included are any charges which are limited in amount to the approximate cost of services rendered or collected by the customs on behalf of another national authority. --`,,```,,,,````-`-`,,`,,`,`,,`---

Public health emergency of international concern. An extraordinary event which is determined, as provided in the International Health Regulations (2005) of the World Health Organization: (i) to constitute a public health risk to other States through the international spread of disease and (ii) to potentially require a coordinated international response.

Improperly documented person. A person who travels, or attempts to travel: (a) with an expired travel document or an invalid visa; (b) with a counterfeit, forged or altered travel document or visa; (c) with someone else’s travel document or visa; (d) without a travel document; or (e) without a visa, if required.

Public health risk. A likelihood of an event that may affect adversely the health of human populations, with an emphasis on one which may spread internationally or may present a serious and direct danger.

Inadmissible person. A person who is or will be refused admission to a State by its authorities.

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

Infected area. (for human health purposes) Defined as geographical areas where human and/or animal vector-borne diseases are actively transmitted, as reported by local or national public health authorities or by the World Health Organization. 15/7/07 24/11/05

Relief flights. Flights operated for humanitarian purposes which carry relief personnel and relief supplies such as food, clothing, shelter, medical and other items during or after an emergency and/or disaster and/or are used to 1-2

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evacuate persons from a place where their life or health is threatened by such emergency and/or disaster to a safe haven in the same State or another State willing to receive such persons.

Through-flight. A particular operation of aircraft, identified by the operator by the use throughout of the same symbol, from point of origin via any intermediate points to point of destination.

Removal of a person. Action by the public authorities of a State, in accordance with its laws, to direct a person to leave that State.

Travel document. A passport or other official document of identity issued by a State or organization, which may be used by the rightful holder for international travel.

Removal order. A written order served by a State on the operator on whose flight an inadmissible person travelled into that State, directing the operator to remove that person from its territory.

Unaccompanied baggage. Baggage that is transported as cargo and may or may not be carried on the same aircraft with the person to whom it belongs. Unclaimed baggage. Baggage that arrives at an airport and is not picked up or claimed by a passenger.

Risk assessment. An assessment by a deporting State of a deportee’s suitability for escorted or unescorted removal via commercial air services. The assessment should take into account all pertinent factors, including medical, mental and physical fitness for carriage on a commercial flight, willingness or unwillingness to travel, behavioural patterns and any history of violence.

Unidentified baggage. Baggage at an airport, with or without a baggage tag, which is not picked up by or identified with a passenger. Unlading. The removal of cargo, mail, baggage or stores from an aircraft after a landing.

Risk management. The systematic application of management procedures and practices which provide border inspection agencies with the necessary information to address movements or consignments which represent a risk.

Visitor. Any person who disembarks and enters the territory of a Contracting State other than that in which that person normally resides; remains there lawfully as prescribed by that Contracting State for legitimate non-immigrant purposes, such as touring, recreation, sports, health, family reasons, religious pilgrimages, or business; and does not take up any gainful occupation during his stay in the territory visited.

Security equipment. Devices of a specialized nature for use, individually or as part of a system, in the prevention or detection of acts of unlawful interference with civil aviation and its facilities. Spare parts. Articles, including engines and propellers, of a repair or replacement nature for incorporation in an aircraft.

B.

General Principles

1.1 The Standards and Recommended Practices in this Annex shall apply to all categories of aircraft operation except where a particular provision refers specifically to only one type of operation.

State of Registry. The State on whose register the aircraft is entered. Stores (Supplies). a) Stores (supplies) for consumption; and b) Stores (supplies) to be taken away.

1.2 Contracting States shall take necessary measures to ensure that:

Stores (Supplies) for consumption. Goods, whether or not sold, intended for consumption by the passengers and the crew on board aircraft, and goods necessary for the operation and maintenance of aircraft, including fuel and lubricants.

a) the time required for the accomplishment of border controls in respect of persons and aircraft and for the release/clearance of goods is kept to the minimum; b) minimum inconvenience is caused by the application of administrative and control requirements;

Stores (Supplies) to be taken away. Goods for sale to the passengers and the crew of aircraft with a view to being landed.

c) exchange of relevant information between Contracting States, operators and airports is fostered and promoted to the greatest extent possible; and

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; 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 due to the use made of them.

d) optimal levels of security, and compliance with the law, are attained. 1.3 Contracting States shall use risk management in the application of border control procedures for the release/clearance of goods. 15/7/07 24/11/05

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Annex 9 — Facilitation

Chapter 1 1.4 Contracting States shall develop effective information technology to increase the efficiency and effectiveness of their procedures at airports. 1.5 Contracting States shall develop procedures for the pre-arrival lodgement of data so as to enable expeditious release/clearance. 1.6 The provisions of this Annex shall not preclude the application of national legislation with regard to aviation security measures or other necessary controls.

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ENTRY AND DEPARTURE OF AIRCRAFT

A. General 2.1 for the another manner

2.8 Subject to the technological capabilities of the Contracting State, documents for the entry and departure of aircraft shall be accepted when presented:

Contracting States shall adopt appropriate measures clearance of aircraft arriving from or departing to Contracting State and shall implement them in such a as to prevent unnecessary delays.

a) in electronic form, transmitted to an information system of the public authorities;

2.2 In developing procedures aimed at the efficient clearance of entering or departing aircraft, Contracting States shall take into account the application of aviation security and narcotics control measures, where appropriate.

b) in paper form, produced or transmitted electronically; or c) in paper form, completed manually following the formats depicted in this Annex.

2.3 Recommended Practice.— The appropriate public authorities of Contracting States should enter into Memoranda of Understanding with the airlines providing international services to that State and with the operators of its international airports, setting out guidelines for their mutual cooperation in countering the threat posed by international trafficking in narcotics and psychotropic substances. Such Memoranda of Understanding should be patterned after the applicable models developed by the World Customs Organization for this purpose. In addition, Contracting States are encouraged to conclude Memoranda of Understanding amongst themselves.

2.9 When a particular document is transmitted by or on behalf of the aircraft operator and received by the public authorities in electronic form, the Contracting State shall not require the presentation of the same document in paper form. 2.10 A Contracting State requiring a General Declaration shall limit its information requirements to the elements indicated in Appendix 1. The information shall be accepted in either electronic or paper form.

2.4 Recommended Practice.— In accordance with the International Health Regulations of the World Health Organization, Contracting States should not interrupt air transport services for health reasons. In cases where, in exceptional circumstances, such service suspensions are under consideration, Contracting States should first consult with the World Health Organization and the health authorities of the State of occurrence of the disease before taking any decision as to the suspension of air transport services.

B.

2.11 When a Contracting State requires the General Declaration only for the purposes of attestation, it shall adopt measures by which that attestation requirement may be satisfied by a statement added, either manually or by use of a rubber stamp containing the required text, to one page of the Cargo Manifest. Such attestation shall be signed by the authorized agent or the pilot-in-command. 2.12 Contracting States shall not normally require the presentation of a Passenger Manifest. On those occasions when a Passenger Manifest is required, the information requirements shall be limited to the elements indicated in Appendix 2. The information shall be accepted in either electronic or paper form.

Documents — requirements and use

2.5 Contracting States shall not require any documents, other than those provided for in this Chapter, for the entry and departure of aircraft.

2.13 When a Contracting State requires the presentation of the Cargo Manifest in paper form, it shall accept either:

2.6 Contracting States shall not require a visa nor shall any visa or other fee be collected in connection with the use of any documentation required for the entry or departure of aircraft.

a) the form shown in Appendix 3, completed according to the instructions; or

2.7 Recommended Practice.— Documents for entry and departure of aircraft should be accepted if furnished in Arabic, English, French, Russian or Spanish. Any Contracting State may require an oral or written translation into its own language.

b) the form shown in Appendix 3, partially completed, with a copy of each air waybill representing the cargo on board the aircraft. 2-1

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Annex 9 — Facilitation

Chapter 2

2.14 Contracting States shall not require the presentation of a written declaration of stores remaining on board the aircraft.

same-aircraft operations originating in, or operating via, territories that they consider to pose a threat to their public health, agriculture or environment.

2.15 In respect of stores laden on or unladen from the aircraft, the information required in the Stores List shall not exceed:

2.23 Contracting States that require disinsection of aircraft shall periodically review their requirements and modify them, as appropriate, in the light of all available evidence relating to the transmission of insects to their respective territories via aircraft.

a) the information indicated in the heading of the format of the Cargo Manifest;

2.24 When disinsection is required a Contracting State shall authorize or accept only those methods, whether chemical or non-chemical, and/or insecticides, which are recommended by the World Health Organization and are considered efficacious by the Contracting State.

b) the number of units of each commodity; and c) the nature of each commodity. 2.16 Contracting States shall not require the presentation of a list of accompanied baggage or mishandled baggage laden on or unladen from the aircraft.

Note.— This provision does not preclude the trial and testing of other methods for ultimate approval by the World Health Organization.

2.17 Contracting States shall not require the presentation of a written declaration of the mail other than the form(s) prescribed in the Acts in force of the Universal Postal Union.

2.25 Contracting States shall ensure that their procedures for disinsection are not injurious to the health of passengers and crew and cause the minimum of discomfort to them.

2.18 Contracting States shall not require the aircraft operator to deliver to the public authorities more than three copies of any of the above-mentioned documents at the time of entry or departure of the aircraft. 2.19 If the aircraft is engers or lading/unlading document(s) shall not be notation is included in the

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C.

2.26 Contracting States shall, upon request, provide to aircraft operators appropriate information, in plain language, for air crew and passengers, explaining the pertinent national regulation, the reasons for the requirement, and the safety of properly performed aircraft disinsection.

not embarking/disembarking passcargo, stores or mail, the relevant required, provided an appropriate General Declaration.

2.27 When disinsection has been performed in accordance with procedures recommended by the World Health Organization, the Contracting State concerned shall accept a pertinent certification on the General Declaration as provided for in Appendix 1 or, in the case of residual disinsection, the Certificate of Residual Disinsection set forth in Appendix 4.

Correction of documents

2.20 In the event that errors are found in any of the above-mentioned documents, the public authorities concerned shall accord the aircraft operator or authorized agent an opportunity to correct such errors or shall alternatively perform such corrections themselves.

2.28 When disinsection has been properly performed pursuant to 2.24 and a certificate as indicated in 2.27 is presented or made available to the public authorities in the country of arrival, the authorities shall normally accept that certificate and permit passengers and crew to disembark immediately from the aircraft.

2.21 The aircraft operator or his authorized agent shall not be subjected to penalties if he satisfies the public authorities concerned that any error which was found in such documents was inadvertent and made without fraudulent intent or gross negligence. When considered necessary to discourage a repetition of such errors, a penalty shall be no greater than is necessary for this purpose.

2.29 Contracting States shall ensure that any insecticide or any other substance used for disinsection does not have a deleterious effect on the structure of the aircraft or its operating equipment. Flammable chemical compounds or solutions likely to damage aircraft structure, such as by corrosion, shall not be employed. E.

D.

Disinsection of aircraft

2.30 Contracting States shall define the types of animals and products of animal origin which, when carried by air, require that the aircraft be disinfected and shall exempt aircraft from disinfection when such animals or animal products are carried in approved containers accompanied by formal

2.22 Contracting States shall limit any routine requirement for the disinsection of aircraft cabins and flight decks with an aerosol while passengers and crews are on board, to 24/11/05

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certificates from health authorities. When aircraft disinfection is required, the following provisions shall apply:

a) establish procedures whereby such application will be dealt with promptly;

a) the application shall be limited solely to the container or to the compartment of the aircraft in which the traffic was carried;

b) make such permission effective for a specific length of time or number of flights wherever possible; and c) impose no fees, dues or charges for the issue of such permission.

b) the disinfection shall be carried out expeditiously; and c) flammable chemical compounds or solutions likely to damage aircraft structure, such as by corrosion, or chemicals likely to damage the health of passengers, shall not be employed.

2.37 Recommended Practice.— In the case of aircraft engaged in the carriage of passengers, cargo or mail for remuneration or hire, Contracting States should not require more than the following details in applications for prior authorization: a) name of operator; b) type of aircraft and registration marks; c) date and time of arrival at, and departure from, the airport concerned;

F. Arrangements concerning international general aviation and other non-scheduled flights I.

d) place or places of embarkation or disembarkation abroad, as the case may be, of passengers and/or freight;

General

e) purpose of flight and number of passengers and/or nature and amount of freight; and

2.31 Contracting States shall publish in their respective Aeronautical Information Publications (AIPs) their requirements concerning advance notices and applications for prior authorization of general aviation and other non-scheduled flights.

f) name, address and business of charterer, if any. 2.37.1 Recommended Practice.— Contracting States should publish in their respective AIPs the minimum amount of time required in advance of the flight for processing the applications for prior authorizations referred to in 2.37.

2.32 Contracting States requiring advance notice of the intended landing of aircraft in their territory, or applications for prior authorization, shall designate a single agency to receive and coordinate the government’s response to such notices or applications.

2.38 In the case of aircraft either in transit non-stop or stopping for non-traffic purposes, any Contracting State that, for reasons of safety of flight, requires prior authorization shall not require any other information than that contained in a flight plan when application for prior authorization is made.

2.33 Contracting States shall indicate in their respective AIPs the mail address and, where available, the AFTN address, the telex number or cable address, fax number, electronic mail address, web page and telephone number of the agency designated as in 2.32.

Note.— Specifications for flight plans are set forth in Annex 2 — Rules of the Air. 2.39 Contracting States that require prior authorization for flights referred to in 2.38 shall not require applications to be filed more than three working days in advance.

2.34 In Contracting States notification to the interested border inspection agencies, e.g. customs, immigration or quarantine, of intended arrivals, departures or transit operations shall be the responsibility of the agency designated as in 2.32.

III. II.

Prior authorization

Advance notification of arrival

2.35 Contracting States shall not require that prior authorization or notification be applied for through diplomatic channels unless the flight is diplomatic in nature.

2.40 In the case of aircraft either in transit non-stop or stopping for non-traffic purposes, the Contracting State concerned shall not require more advance notice of such operations than is required by the air traffic control services and by interested border inspection agencies.

2.36 Contracting States that require aircraft operators to apply for prior authorization shall:

Note.— This provision is not intended to prevent the application of appropriate narcotics control measures. 2-3

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Annex 9 — Facilitation

Chapter 2

2.41 Contracting States shall accept the information contained in a flight plan as adequate advance notification of arrival, provided that such information is received at least two hours in advance of arrival and that the landing occurs at a previously designated international airport.

Note.— “Required departure/arrival formalities” to be completed during the 60 minutes should include aviation security measures and, where applicable, the collection of airport charges and other levies, and border control measures.

IV. Clearance and sojourn of aircraft

2.43 Recommended Practice.— At international airports where international general aviation operations are infrequent, Contracting States should authorize one governmental agency to undertake, on behalf of all border inspection agencies, clearance of aircraft and their loads.

2.42 Recommended Practice.— At international airports where there are international general aviation operations, Contracting States should arrange for an adequate level of border inspection and clearance services for those operations. Contracting States, in cooperation with aircraft operators and airport operators, should establish as a goal a total time period of 60 minutes in aggregate for the completion of all required departure/arrival formalities inclusive of aviation security measures for an aircraft requiring not more than normal processing, calculated from the time of the crew member’s presenting the aircraft at the first processing point at the airport.

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2.44 An aircraft that is not engaged in scheduled international air services and which is making a flight to or through any designated international airport of a Contracting State and is admitted temporarily free of duty in accordance with Article 24 of the Convention shall be allowed to remain within that State, for a period to be established by that State, without security for customs duty on the aircraft being required.

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CHAPTER 3.

General

identity cards, seafarers’ identity documents, alien resident cards and provisional alternative travel identity documents.

3.1 In order to facilitate and expedite the clearance of persons entering or departing by air, Contracting States shall adopt border control regulations appropriate to the air transport environment and shall apply them in such a manner as to prevent unnecessary delays.

C.

3.7 Contracting States shall regularly update security features in new versions of their travel documents, to guard against their misuse and to facilitate detection of cases where such documents have been unlawfully altered, replicated or issued.

3.2 In developing procedures aimed at the efficient application of border controls on passengers and crew, Contracting States shall take into account the application of aviation security, border integrity, narcotics control and immigration control measures, where appropriate.

3.8 Contracting States shall establish controls on the creation and issuance of travel documents in order to safeguard against the theft of their stocks and the misappropriation of newly issued travel documents.

3.3 Contracting States that use Integrated Circuit (IC) chips or other optional machine readable technologies for the representation of personal data, including biometric data, in their travel documents shall make provision whereby the encoded data may be revealed to the holder of the document upon request.

3.9 Recommended Practice.— Contracting States should incorporate biometric data in their machine readable passports, visas and other official travel documents, using one or more optional data storage technologies to supplement the machine readable zone, as specified in Doc 9303, Machine Readable Travel Documents. The required data stored on the integrated circuit chip is the same as that printed on the data page, that is, the data contained in the machine-readable zone plus the digitized photographic image. Fingerprint image(s) and/or iris image(s) are optional biometrics for Contracting States wishing to supplement the facial image with another biometric in the passport. Contracting States incorporating biometric data in their Machine Readable Passports are to store the data in a contactless integrated circuit chip complying with ISO/IEC 14443 and programmed according to the Logical Data Structure as specified by ICAO.

3.4 Contracting States shall not extend the validity of their machine readable travel documents. --`,,```,,,,````-`-`,,`,,`,`,,`---

Note 1.— Specifications for machine readable travel documents (Doc 9303, Series) do not permit alteration of the expiration date and other data in the machine readable zone. Note 2. — States whose national legislation or regulations currently allow for the extension of the period of validity should undertake to amend the appropriate text in a reasonable period.

B.

Security of travel documents

Documents required for travel D.

3.5 No documents other than those provided for in this Chapter shall be required by Contracting States for the entry into and departure from their territories of visitors.

3.10 Contracting States shall begin issuing only Machine Readable Passports in accordance with the specifications of Doc 9303, Part 1, no later than 1 April 2010.

3.6 Contracting States shall not require visitors travelling by air, rightfully holding valid passports recognized by the receiving State and holding valid visas, where appropriate, to present any other document of identity.

Note.—This provision does not intend to preclude the issuance of non-machine readable passports or temporary travel documents of limited validity in cases of emergency.

Note.— It is not the intent of the above provision to discourage Contracting States from accepting other official documents of identity for travel purposes, such as national

3.10.1 For. passports issued after 24 November 2005 and which are not machine readable, Contracting States shall ensure the expiration date falls before 24 November 2015. 3-1

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ENTRY AND DEPARTURE OF PERSONS AND THEIR BAGGAGE


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3.11 Recommended Practice.— When issuing identity documents or visas accepted for travel purposes, Contracting States should issue these in machine readable form, as specified in Doc 9303 (series), Machine Readable Travel Documents.

F.

3.19 Recommended Practice.— Contracting States should waive or abolish, for a maximum number of States, the requirement for an entry visa for nationals seeking entry as visitors.

3.12 When issuing passports that are not machine readable, Contracting States shall ensure that the personal identification and document issuance data and the format of the data page conform to the specifications for the “visual zone” set forth in Doc 9303, Part 1, Machine Readable Passports. The “machine readable zone” area shall be filled with words such as “this passport is not machine readable” or other data to preclude fraudulent insertion of machine readable characters.

3.20 Contracting States shall not require visas for re-entry from their own nationals. 3.21 Recommended Practice.— Contracting States should not require visas for re-entry from their resident aliens who hold lawful permanent residence permits. 3.22 Contracting States shall establish simple and transparent application procedures for the issuance of entry visas for prospective visitors and shall ensure that applications for such visas are acted upon as quickly as possible after receipt.

3.13 Recommended Practice.— Contracting States should establish publicly accessible facilities for the receipt of passport applications and/or for the issuance of passports.

3.23 Recommended Practice.— Visa issuance procedures should not normally require the applicant to make a personal appearance at the issuing office.

3.14 Contracting States shall establish transparent application procedures for the issuance, renewal or replacement of passports and shall make information describing their requirements available to prospective applicants upon request.

3.25 Recommended Practice.— When issuing visas that are not machine readable, Contracting States should ensure that the personal and issuance data in such documents conform to the specifications for the visual zone of the machine readable visa, as set forth in Doc 9303, Part 2 — Machine Readable Visas.

3.15 Contracting States shall issue a separate passport to each person, regardless of age. 3.16 Recommended Practice.— When issuing passports for tourism or business travel, Contracting States should normally provide that such passports be valid for a period of at least five years, for an unlimited number of journeys and for travel to all States and territories.

G. Embarkation/Disembarkation Cards

Note 1. — In consideration of the limited durability of documents and the changing appearance of the passport holder over time, a validity period of not more than ten years is recommended.

3.26 Recommended Practice.— Contracting States should not require either from visitors travelling by air, or from aircraft operators on their behalf, identification information in writing supplementary to that presented in their identity documents. Where the collection of identity information is required, Contracting States should develop systems for the electronic capture of this information from machine readable travel documents or other sources.

Note 2.— Emergency, diplomatic, official and other special purpose passports could have a shorter validity period.

Exit visas

3.27 A Contracting State that requires a written record of personal data from visitors arriving or departing by air shall limit its information requirements to those set forth in Appendix 5 — Embarkation/Disembarkation Card.

3.17 Contracting States shall not require exit visas from their own nationals wishing to tour abroad nor from visitors at the end of their stay. --`,,```,,,,````-`-`,,`,,`,`,,`---

3.28 Contracting States, when requiring Embarkation/Disembarkation Cards, shall accept their completion by visitors and shall not require them to be completed or checked by the aircraft operator.

3.18 Recommended Practice.— Contracting States should not require exit visas from their resident aliens wishing to tour abroad.

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3.24 When issuing entry visas to prospective visitors, Contracting States shall normally provide that such visas be valid for use within a period of at least six months from the date of issue regardless of the number of entries and with the understanding that the duration of each stay may be limited.

3.14.1 Recommended Practice.— If any fee is charged for the issue or renewal of a passport, the amount of such fee should not exceed the cost of the operation.

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3.29 Contracting States that require the presentation of Embarkation/Disembarkation Cards shall provide them to airline operators or their travel agents, without charge, for distribution to departing passengers prior to embarkation or to arriving passengers during the flight.

H.

the collection of airport charges and other levies, and outbound border control measures, e.g. passport, quarantine or customs controls. 3.37 Recommended Practice.— Contracting States that require inspection by the public authorities of the travel documents of departing passengers should, in cooperation with airport management, use applicable technology and adopt a multi-channel inspection system, or other means of streaming passengers, in order to expedite such inspections.

Certificates of vaccination

3.30 In cases where evidence of protection against a quarantinable disease is required, Contracting States shall accept the International Certificate of Vaccination or Revaccination form prescribed by the World Health Organization in the International Health Regulations.

3.38 Contracting States shall not normally require the presentation, for border control inspection, of baggage of passengers departing from their territory.

K. Entry procedures and responsibilities I. Inspection of travel documents 3.39 Recommended Practice.— Contracting States, with the cooperation of aircraft operators and airport operators, should establish as a goal the clearance within 45 minutes of disembarkation from the aircraft of all passengers requiring not more than the normal inspection, regardless of aircraft size and scheduled arrival time.

3.31 Contracting States shall assist aircraft operators in the evaluation of travel documents presented by passengers, in order to deter fraud and abuse. 3.32 Recommended Practice.— Contracting States should consider making arrangements with other Contracting States to permit the positioning of liaison officers at airports in order to assist aircraft operators to establish the validity and authenticity of the travel documents of embarking persons.

3.40 In order to expedite inspections, Contracting States, with the cooperation of airport operators, shall use applicable technology and adopt a multi-channel immigration inspection system, or other means of streaming passengers, at international airports where the volume of passenger traffic justifies such measures.

3.33 Aircraft operators shall take necessary precautions at the point of embarkation to ensure that passengers are in possession of the documents prescribed by the States of transit and destination for control purposes as described in this chapter.

J.

3.41 Except in special circumstances, Contracting States shall not require that travel documents or other identity documents be collected from passengers or crew before they arrive at the passport control points.

Departure procedures 3.42 The public authorities concerned shall expeditiously accept passengers and crew for examination as to their admissibility into the State.

3.34 Contracting States shall not require income-tax clearance certificates from visitors. 3.35 Contracting States shall not hold the aircraft operator liable in the event of the non-payment of income taxes by any passenger.

Note.—A passenger or crew member is “accepted for examination” when he makes his first appearance at the arrivals control point after disembarkation, to seek entry into the country concerned, at which time the control officer makes a determination whether he should be admitted or not. This does not include the sighting of travel documents, which may be carried out immediately upon disembarkation.

3.36 Recommended Practice.— Contracting States, in cooperation with aircraft operators and airport management, should establish as a goal a total time period of 60 minutes in aggregate for the completion of required departure formalities for all passengers requiring not more than normal processing, calculated from the time of the passenger’s presenting himself at the first processing point at the airport (i.e. airline check-in, security control point or other required control point depending on arrangements at the individual airport).

3.43 The aircraft operator shall be responsible for the custody and care of disembarking passengers and crew members from the time they leave the aircraft until they are accepted for examination as provided in 3.42. 3.44 Recommended Practice.— After such acceptance, the public authorities concerned should be responsible for the custody and care of passengers and crew members until they are admitted or found inadmissible.

Note.— “Required departure formalities” to be completed during the recommended 60 minutes would include airline check-in, aviation security measures and, where applicable, 3-3 --`,,```,,,,````-`-`,,`,,`,`,,`----`,,```,,,,````-`-`,,`,,`,`,,`---

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3.45 The responsibility of an aircraft operator for custody and care of passengers and crew members shall terminate from the moment such persons have been admitted into that State.

3.51 Contracting States shall adopt the dual-channel system or other selective process for customs and quarantine inspection based on risk management, as appropriate to the conditions and traffic volumes at the airport concerned.

3.46 The public authorities of each Contracting State shall seize fraudulent, falsified or counterfeit travel documents. The public authorities shall also seize the travel documents of a person impersonating the rightful holder of the travel document. Such documents shall be removed from circulation immediately and returned to the appropriate authorities of the State named as issuer or to the resident Diplomatic Mission of that State.

Note.— See Appendix 6, Recommendation of the Customs Co-operation Council (now the World Customs Organization) for a simplified customs control based on the dual-channel system. 3.52 Recommended Practice.— In exceptional circumstances, when a visitor, for reasons of force majeure, does not possess the required entry visa prior to arrival, Contracting States should authorize temporary entry.

3.47 Recommended Practice.— Where appropriate, Contracting States should introduce a system of advance passenger information which involves the capture of certain passport or visa details prior to departure, the transmission of the details by electronic means to their public authorities, and the analysis of such data for risk management purposes prior to arrival in order to expedite clearance. To minimize handling time during check-in, document reading devices should be used to capture the information in machine readable travel documents.

3.53 Recommended Practice.— In cases in which the passport of a visitor has expired prior to the end of the validity period of a visa, the State that has issued the visa should continue to accept the visa until its expiration date when it is presented with the visitor’s new passport. 3.54 Contracting States that issue visas for a limited number of entries shall indicate in an appropriate, clear and non-derogatory way, every instance the visa is used, in order that its holder, any aircraft operator or the public authorities of a State may determine its validity quickly and without the use of any special means.

3.47.1 When specifying the identifying information on passengers to be transmitted, Contracting States shall require only data elements that are available in machine readable form in travel documents conforming to the specifications contained in Doc 9303 (series), Machine Readable Travel Documents. All information required shall conform to specifications for UN/EDIFACT PAXLST messages.

3.55 After individual presentation by passengers and crew of their passports or other official travel documents, the public officials concerned shall, except in special individual cases, hand back such documents immediately after examination.

3.47.2 Recommended Practice.— Contracting States should refrain from imposing fines and penalties on aircraft operators for any errors caused by a systems failure which may have resulted in the transmission of no, or corrupted, data to the public authorities in accordance with API systems.

3.56 Recommended Practice.— Medical examination of persons arriving by air should normally be limited to those disembarking and coming within the incubation period of the disease concerned, as stated in the International Health Regulations, from an infected area.

3.47.3 Contracting States requiring that passenger data be transmitted electronically through an Advance Passenger Information system shall not also require a passenger manifest in paper form. --`,,```,,,,````-`-`,,`,,`,`,,`---

3.57 Recommended Practice.— Contracting States should make arrangements whereby a passenger and his baggage, arriving on an international flight making two or more stops at international airports within the territory of the same State, are not required to be cleared through border control formalities at more than one airport of the State concerned.

3.48 Recommended Practice.— Contracting States requiring Passenger Name Record (PNR) access should conform their data requirements and their handling of such data to guidelines developed by ICAO.

L.

3.49 Except in special circumstances, Contracting States shall make arrangements whereby the identity documents of visitors need to be inspected only once at times of entry and departure.

3.58 Where airport facilities permit, Contracting States shall make provision by means of direct transit areas or other arrangements, whereby crew, passengers and their baggage, arriving from another State and continuing their journey to a third State on the same flight or another flight from the same airport on the same day may remain temporarily within the airport of arrival without undergoing border control formalities to enter the State of transit.

3.50 Contracting States shall not require a written declaration of baggage from passengers and crew, when no dutiable or restricted goods are being carried. 24/11/05

Transit procedures and requirements

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3.59 Contracting States shall keep to a minimum the number of States whose nationals are required to have direct transit visas when arriving on an international flight and continuing their journey to a third State on the same flight or another flight from the same airport on the same day.

3.67 Contracting States shall facilitate and expedite the process under which aircraft operators based in their territories can apply for Crew Member Certificates (CMCs) for their crew members.

Disposition of baggage separated from its owner

3.61 Contracting States shall permit aircraft operators to forward mishandled baggage to the location of its owner and shall not hold aircraft operators liable for penalties, fines, import duties and taxes, on the basis that the baggage was mishandled.

3.68.1 Recommended Practice.— Contracting States should put in place procedures which will enable any crew member issued with a Crew Member Certificate to examine and review the validity of the data held, and to provide for correction if necessary, at no cost to the crew member.

3.62 Contracting States shall permit the direct transfer of mishandled baggage between international flights at the same airport, without examination, except for reasons of aviation security or other necessary controls. In cases when direct transfer cannot be effected, Contracting States shall ensure that arrangements are made for the temporary custody of such baggage under secure supervision at an appropriate location.

3.69 Recommended Practice.— To the extent that aircraft operators issue crew identity cards, Contracting States should require the production of such identity documents in the format shown in Appendix 7, i.e. in the same layout as the visual zone of the machine readable crew member certificate and having the capability to support machine assisted identity confirmation and document security verification.

3.63 Contracting States shall permit aircraft operators to present unidentified, unclaimed or mishandled baggage for clearance at an appropriate destination on behalf of its owners, and to deliver such baggage to its owners.

3.69.1 Recommended Practice.— Contracting States should ensure that a record of each crew member’s certificates and other official identity document issued, suspended or withdrawn, is stored in an electronic database, secure from interference and unauthorized access. All information stored in the electronic database and crew member certificate should be restricted to details which are essential for the purpose of verifying a crew member’s identity.

3.64 Contracting States shall expedite the clearance of unidentified, unclaimed or mishandled baggage, and its return to the aircraft operator for appropriate disposition. Under the conditions laid down by the public authorities, aircraft operators may be permitted to open such baggage if necessary to ascertain its owner.

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3.65 The aircraft operator shall be freed obligation to safeguard baggage not yet cleared by authorities, and from liability for import duties chargeable on such baggage, when it is taken into customs and is under their sole control.

N.

3.70 Adequate controls shall be placed on the issuance of CMCs and other official crew identity documents to prevent fraud, for example, a background check and certification of employment status of an applicant prior to issuance, controls on blank card stock, and accountability requirements for issuing personnel.

from the the public and taxes charge by

3.71 Contracting States shall waive the visa requirement for arriving crew members presenting CMCs, when arriving in a duty status on an international flight and seeking temporary entry for the period allowed by the receiving State in order to join their next assigned flight in a duty status.

Identification and entry of crew and other aircraft operators’ personnel

3.66 Contracting States shall establish measures, with the cooperation of aircraft operators and airport operators, to expedite the inspection of crew members and their baggage, as required at departure and upon arrival.

3.71.1 Recommended Practice.— Contracting States should waive the visa requirement for arriving crew members presenting CMCs, when arriving on another aircraft operator 3-5

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M.

3.68 Recommended Practice.— Contracting States should issue the certificates referred to in 3.67, in the form of machine readable cards in accordance with the specifications in Doc 9303, Part 3 — Size 1 and Size 2 Machine Readable Official Travel Documents.

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Note.— The CMC was developed as a card for use for identification purposes by crew members, leaving the crew licences to serve their primary purpose of attesting to the professional qualifications of the flight crew members.

3.60 Contracting States shall establish measures whereby in-transit passengers who are unexpectedly delayed overnight due to a flight cancellation or delay may be allowed to leave the airport for the purpose of taking accommodations.


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or another mode of transport and seeking temporary entry for the period allowed by the receiving State in order to join their assigned flight in a duty status.

inspections duties, be treated in the same manner as crew members when proceeding through departure or arrival formalities.

3.72 Contracting States shall establish measures to provide for the temporary entry without delay into their territories, of technical personnel of foreign aircraft operators operating to or through such territories who are urgently required for the purpose of converting to an airworthy condition any aircraft which is, for technical reasons, unable to continue its journey. Should a State require a guarantee of such persons’ subsistence in, and/or return from, such State, this shall be negotiated without delaying their admission.

3.74 Recommended Practice.— Contracting States should provide their flight operations and cabin safety inspectors with an identity document in the format set forth in Appendix 8. 3.75 Recommended Practice.— Flight operations inspectors and cabin safety inspectors should carry the identity document specified in 3.74, a copy of the inspector’s itinerary issued by the State that employs the inspector, and a valid passport. 3.76 Recommended Practice.— Contracting States should extend the privileges of temporary admission, as described in 3.72 for crew members, to flight operations and cabin safety inspectors of another Contracting State, provided that they carry the documents listed in 3.75 (e.g. identity document, itinerary and valid passport, and depart after a normal period of rest.

O. Flight operations and cabin safety inspectors 3.73 Recommended Practice.— Contracting States should provide that flight operations and cabin safety inspectors of another Contracting State, when engaged on

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CHAPTER 4. ENTRY AND DEPARTURE OF CARGO AND OTHER ARTICLES A.

General

general vicinity, Contracting States shall make arrangements so that air transport can utilize these facilities on the same basis as other means of transport.

4.1 In order to facilitate and expedite the release and clearance of goods carried by air, Contracting States shall adopt regulations and procedures appropriate to air cargo operations and shall apply them in such a manner as to prevent unnecessary delays.

B.

4.9 Contracting States shall limit their data requirements to only those particulars which are deemed necessary by the public authorities to release or clear imported goods or goods intended for exportation.

4.2 Recommended Practice.— With respect to cargo moving by both air and surface transport under an air waybill, Contracting States should apply the same regulations and procedures and in the same manner as they are applied to cargo moving solely by air.

4.10 Contracting States shall provide for the collection of statistical data at such times and under such arrangements so that the release of imported goods or those intended for exportation is not delayed thereby.

4.3 When introducing or amending regulations and procedures for the release and clearance of goods carried by air, Contracting States shall consult with aircraft operators and other parties concerned, with the aim of accomplishing the actions set forth in 4.1.

4.11 Subject to the technological capabilities of the Contracting State, documents for the importation or exportation of goods, including the Cargo Manifest and/or air waybills, shall be accepted when presented in electronic form transmitted to an information system of the public authorities.

4.4 Where the nature of a consignment could attract the attention of different public authorities, e.g. the customs, veterinary or sanitary controllers, Contracting States shall endeavour to delegate authority for release/clearance to customs or one of the other agencies or, where that is not feasible, take all necessary steps to ensure that clearance is coordinated and, if possible, carried out simultaneously and with a minimum of delay.

4.12 The production and presentation of the Cargo Manifest and the air waybill(s) shall be the responsibility of the aircraft operator or his authorized agent. The production and presentation of the other documents required for the clearance of the goods shall be the responsibility of the declarant.

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4.13 Where a Contracting State has requirements for documents such as commercial invoices, declaration forms, import licences and the like, it shall not make it the obligation of the aircraft operator to ensure that these documentary requirements are met nor shall the operator be held responsible, fined or penalized for inaccuracies or omissions of facts shown on such documents unless he is the declarant himself or is acting on his behalf.

4.5 Contracting States shall not normally require the physical examination of cargo to be imported or exported and shall use risk management to determine which goods shall be examined and the extent of that examination. 4.6 Where practicable, in order to improve efficiency, modern screening or examination techniques shall be used to facilitate the physical examination of goods to be imported or exported.

4.14 When documents for the importation or exportation of goods are presented in paper form, the format shall be based on the UN layout key, as regards the goods declaration, and on the format of Appendix 3, as regards the Cargo Manifest. When such documents are submitted in electronic form, the format shall be based on international standards for the exchange of electronic information.

4.7 Recommended Practice.— In connection with international airports, Contracting States should establish and either develop and operate themselves, or permit other parties to develop and operate, free zones and/or customs warehouses and should publish detailed regulations as to the types of operations which may or may not be performed therein.

4.15 To facilitate electronic data interchange, Contracting States shall encourage all parties concerned, whether public or private, to implement compatible systems and to use the appropriate internationally accepted standards and protocols.

4.8 In all cases where free-zone facilities and/or customs warehouses are not provided in connection with an international airport but have been provided elsewhere in the same 4-1

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4.16 Recommended Practice.— Electronic information systems for the release and clearance of goods should cover their transfer between air and other modes of transport.

4.26 Consignments declared as personal effects and transported as unaccompanied baggage shall be cleared under simplified arrangements.

4.17 Contracting States that require supporting documents, such as licenses and certificates, for the importation or exportation of certain goods shall publish their requirements and establish convenient procedures for requesting the issue or renewal of such documents.

4.27 Contracting States shall provide for the release or clearance of goods under simplified customs procedures provided that: a) the goods are valued at less than a maximum value below which no import duties and taxes will be collected; or

4.18 Recommended Practice.— Contracting States should, to the greatest extent possible, remove any requirement to manually produce supporting documents and should establish procedures whereby they can be produced by electronic means.

c) the goods are valued at less than specified value limits below which goods may be released or cleared immediately on the basis of a simple declaration and payment of, or the giving of security to the customs for, any applicable import duties and taxes; or

4.19 Contracting States shall not require consular formalities or consular charges or fees in connection with documents required for the release or clearance of goods.

d) the goods are imported by an authorized person and are goods of a specified type.

Release and clearance of export cargo

4.20 Contracting States that require documents for export clearance shall normally limit their requirement to a simplified export declaration. --`,,```,,,,````-`-`,,`,,`,`,,`---

4.28 Recommended Practice.— For authorized importers who meet specified criteria, including an appropriate record of compliance with official requirements and a satisfactory system for managing their commercial records, Contracting States should establish special procedures, based on the advance supply of information, which provide for the immediate release of goods on arrival.

4.21 Contracting States shall provide for export cargo to be released up to the time of departure of an aircraft. 4.22 Contracting States shall allow goods to be exported, to be presented for clearance at any customs office designated for that purpose. Transfer from that office to the airport from which the goods are to be exported shall be carried out under the procedures laid down in the laws and regulations of the Contracting State concerned. Such procedures shall be as simple as possible.

4.29 Recommended Practice.— Goods not afforded the simplified or special procedures referred to in provisions 4.25 to 4.28 should be released or cleared promptly on arrival, subject to compliance with customs and other requirements. Contracting States should establish as a goal the release of all goods that do not need any examination, within three hours of their arrival and the submission of the correct documentation. Public authorities, and aircraft operators and importers or their authorized agents, should coordinate their respective functions to ensure that this goal is met.

4.23 Contracting States shall not require evidence of the arrival of exported goods as a matter of course. 4.24 Recommended Practice.— When the public authorities of a Contracting State require goods to be examined, but those goods have already been loaded on a departing aircraft, the aircraft operator or, where appropriate, the operator’s authorized agent, should normally be permitted to provide security to the customs for the return of the goods rather than delay the departure of the aircraft.

D.

4.30 Recommended Practice.— Contracting States should process requests for the release of part consignments when all information has been submitted and other requirements for such part consignments have been met. 4.31 Contracting States shall allow goods that have been unladen from an aircraft at an international airport to be transferred to any designated customs office in the State concerned for clearance. The customs procedures covering such transfer shall be as simple as possible.

Release and clearance of import cargo

4.25 When scheduling examinations, priority shall be given to the examination of live animals and perishable goods and to other goods which the public authorities accept are urgently required. 24/11/05 Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

4.32 When, because of error, emergency or inaccessibility upon arrival, goods are not unladen at their intended destination, Contracting States shall not impose penalties, fines or other similar charges provided: 4-2

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b) the goods attract import duties and taxes that fall below the amount that the State has established as the minimum for collection; or


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a) the aircraft operator or his authorized agent notifies the customs of this fact, within any time limit laid down; b) a valid reason, acceptable to the customs authorities, is given for the failure to unload the goods; and

4.38 Recommended Practice.— Contracting States should permit, on board aircraft, the sale or use of commissary supplies and stores for consumption without payment of import duties and other taxes in the case where aircraft, engaged in international flights:

c) the Cargo Manifest is duly amended. 4.33 When, because of error or handling problems, goods are unladen at an international airport without being listed on the Cargo Manifest, Contracting States shall not impose penalties, fines or other similar charges provided:

a) stop at two or more international airports within the territory of a Contracting State without intermediate landing in the territory of another State; and

a) the aircraft operator or his authorized agent notifies the customs of this fact, within any time limit laid down;

b) do not embark any domestic passengers. 4.39 Recommended Practice.— Subject to compliance with its regulations and requirements, a Contracting State should allow relief from import duties and taxes in respect of ground and security equipment and their component parts, instructional material and training aids imported into its territory, by or on behalf of an aircraft operator of another Contracting State for use by the operator or his authorized agent, within the boundaries of an international airport or at an approved off-airport facility.

b) a valid reason, acceptable to the customs, is given for the non-reporting of the goods; c) the manifest is duly amended; and d) the goods are placed under the appropriate customs arrangements. Where applicable, the Contracting State shall, subject to compliance with its requirements, facilitate the forwarding of the goods to their correct destination.

4.40 Contracting States shall grant prompt release or clearance, upon completion of simplified documentary procedures by the aircraft operator or his authorized agent, of aircraft equipment and spare parts that are granted relief from import duties, taxes and other charges under Article 24 of the Chicago Convention.

4.34 If goods are consigned to a destination in a Contracting State, but have not been released for home use in that State and subsequently are required to be returned to the point of origin or to be redirected to another destination, the Contracting State shall allow the goods to be re-forwarded without requiring import, export or transit licences if no contravention of the laws and regulations in force is involved.

4.41 Contracting States shall grant prompt release or clearance, upon completion of simplified documentary procedures by the aircraft operator or his authorized agent, of ground and security equipment and their replacement parts, instructional material and training aids imported or exported by an aircraft operator of another Contracting State.

4.35 A Contracting State shall absolve the aircraft operator or, where appropriate, his authorized agent, from liability for import duties and taxes when the goods are placed in the custody of the public authorities or, with the latter’s agreement, transferred into the possession of a third party who has furnished adequate security to the customs.

4.42 Contracting States shall allow the loan, between aircraft operators of other Contracting States or their authorized agents, of aircraft equipment, spare parts and ground and security equipment and their replacement parts, which have been imported with conditional relief from import duties and taxes. 4.43 Recommended Practice.— Contracting States should provide for the importation, free of import duties and taxes, of aircraft operators’ documents as defined in Chapter 1 of this Annex, to be used in connection with international air services.

E. Spare parts, equipment, stores and other material imported or exported by aircraft operators in connection with international services 4.36 Stores and commissary supplies imported into the territory of a Contracting State for use on board aircraft in international service shall be relieved from import duties and taxes, subject to compliance with the customs regulations of the State.

F.

4.44 Subject to compliance with their regulations and requirements, Contracting States shall grant the aircraft operators of other Contracting States temporary admission of

4.37 Recommended Practice.— Contracting States should not require supporting documentation (such as 4-3 --`,,```,,,,````-`-`,,`,,`,`,,`----`,,```,,,,````-`-`,,`,,`,`,,`---

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certificates of origin or consular or specialized invoices) in connection with the importation of stores and commissary supplies.


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containers and pallets — whether or not owned by the aircraft operator of the aircraft on which they arrive — provided they are to be used on an outbound international service or otherwise re-exported.

4.49 Where circumstances so require, Contracting States shall allow the storage of temporarily admitted containers and pallets at off-airport locations. 4.50 Contracting States shall allow the loan between aircraft operators of containers and pallets admitted under the provisions of 4.44 without payment of import duties and taxes, provided they are to be used only on an outbound international service or otherwise re-exported.

4.45 Recommended Practice.— Contracting States should require a temporary admission document for containers and pallets only when they consider it essential for the purposes of customs control. 4.46 Recommended Practice.— Where proof of the re-exportation of containers and pallets is required, the Contracting State should accept the appropriate usage records of the aircraft operator or his authorized agent as evidence thereof.

4.51 Contracting States shall allow temporarily admitted containers and pallets to be re-exported through any designated customs office. 4.52 Contracting States shall allow the temporary admission of replacement parts when they are needed for the repair of containers and pallets imported under the provisions of 4.44.

4.47 Contracting States shall make arrangements to allow aircraft operators, under supervision of the public authorities concerned, to unload transit cargo arriving in containers and pallets, so that they may sort and reassemble shipments for onward carriage without having to undergo clearance for home use.

G. 4.48 Containers and pallets imported into a Contracting State under the provisions of 4.44 shall be allowed to leave the boundaries of the international airport for the release or clearance of imported loads, or for export lading, under simplified documentation and control arrangements.

Mail documents and procedures

4.53 Contracting States shall carry out the handling, forwarding and clearance of mail and shall comply with the documentary procedures as prescribed by the Acts in force of the Universal Postal Union.

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CHAPTER 5.

A.

INADMISSIBLE PERSONS AND DEPORTEES

General

5.6 Contracting States ordering the removal of an inadmissible person who has lost or destroyed his travel documents shall deliver a covering letter in the format set forth in Appendix 9 (1) in order to give information to the authorities of the State(s) of transit and/or the commencement of journey. The covering letter, the removal order and any relevant information shall be handed over to the aircraft operator or, in the case of escorted persons, the escort, who shall be responsible for delivering them to the public authorities at the State of destination.

5.1 In order to minimize disruptions to the orderly operations of international civil aviation, Contracting States shall cooperate with one another to promptly resolve any differences arising in the course of implementing the provisions of this Chapter. 5.2 Contracting States shall facilitate the transit of persons being removed from another State pursuant to the provisions of this Chapter, and extend necessary cooperation to the aircraft operator(s) and escort(s) carrying out such removal.

5.7 Contracting States ordering the removal of an inadmissible person whose travel documents have been seized pursuant to 3.46 shall deliver a covering letter in the format set forth in Appendix 9 (2) in order to give information to the authorities of the State(s) of transit and/or the commencement of journey. The covering letter together with a photocopy of the seized travel documents and the removal order shall be handed over to the aircraft operator or, in the case of escorted persons, the escort, who shall be responsible for delivering them to the public authorities at the State of destination.

5.2.1 During the period when an inadmissible passenger or a person to be deported is under their custody, the state Officers concerned shall preserve the dignity of such persons and take no action likely to infringe such dignity. Note.— These persons should be treated in accordance with the relevant international provisions, including the UN International Covenant on Civil and Political Rights. B.

Inadmissible persons

5.8 Contracting States that have reason to believe that an inadmissible person might offer resistance to his removal shall inform the aircraft operator concerned as far in advance as possible of scheduled departure so that the aircraft operator can take precautions to ensure the security of the flight.

5.3 Contracting States shall without delay notify the aircraft operator, confirming this as soon as possible in writing, when a person is found inadmissible, pursuant to 3.44. Note.— Written notification can be either in paper form or in electronic form, such as e-mail.

5.9 The aircraft operator shall be responsible for the cost of custody and care of an improperly documented person from the moment that person is found inadmissible and returned to the aircraft operator for removal from the State.

5.4 Recommended Practice.— Contracting States, through their public authorities should consult the aircraft operator on the time-frame for removal of the person found inadmissible, in order to allow the aircraft operator a reasonable amount of time during which to effect the person’s removal via its own services or to make alternative removal arrangements.

5.9.1 The State shall be responsible for the cost of custody and care of all other categories of inadmissible persons, including persons not admitted due to document problems beyond the expertise of the aircraft operator or for reasons other than improper documents, from the moment these persons are found inadmissible until they are returned to the aircraft operator for removal from the State.

Note.— Nothing in this provision is to be construed so as to allow the return of a person seeking asylum in the territory of a Contracting State, to a country where his life or freedom would be threatened on account of his race, religion, nationality, membership in a particular social group or political opinion.

5.10 When a person is found inadmissible and is returned to the aircraft operator for transport away from the territory of the State, the aircraft operator shall not be precluded from recovering from such person any transportation costs involved in his removal.

5.5 Contracting States shall ensure that a removal order is issued to the aircraft operator in respect of a person found inadmissible. The removal order shall include, if known, the name, age, gender and citizenship of the person in question.

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Annex 9 — Facilitation

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5.11 The aircraft operator shall remove the inadmissible person to:

a) a copy of the deportation order, if legislation of the Contracting State allows for it;

a) the point where he commenced his journey; or

b) a risk assessment by the State and/or any other pertinent information that would help the aircraft operator assess the risk to the security of the flight; and

b) to any place where he is admissible. 5.12 A Contracting State shall accept for examination a person removed from a State where he was found inadmissible, if this person commenced his journey from its territory. A Contracting State shall not return such a person to the country where he was earlier found inadmissible.

c) the names and nationalities of any escorts. Note.— In order to ensure coordination of facilitation and security standards, attention is drawn to the applicable provisions of Annex 17, Chapter 4.

5.13 Contracting States shall accept the covering letter and other papers delivered pursuant to 5.6 or 5.7 as sufficient documentation to carry out the examination of the person referred to in the letter.

5.20 Contracting States, in making arrangements for the removal of a deportee to a destination State, shall use direct non-stop flights whenever practicable. 5.21 A Contracting State, when presenting a deportee for removal, shall ensure that all official travel documentation required by any transit and/or destination State is provided to the aircraft operator.

5.14 Contracting States shall not fine aircraft operators in the event that arriving and in-transit persons are found to be improperly documented where aircraft operators can demonstrate that they have taken adequate precautions to ensure that these persons had complied with the documentary requirements for entry into the receiving State.

5.22 A Contracting State shall admit into its territory its nationals who have been deported from another State.

5.15 Recommended Practice.— When aircraft operators have cooperated with the public authorities to the satisfaction of those authorities, for example pursuant to memoranda of understanding reached between the parties concerned, in measures designed to prevent the transportation of inadmissible persons, Contracting States should mitigate the fines and penalties that might otherwise be applicable should such persons be carried to their territory.

5.23 A Contracting State shall give special consideration to the admission of a person, deported from another State, who holds evidence of valid and authorized residence within its territory.

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5.24 Contracting States, when determining that a deportee must be escorted and the itinerary involves a transit stop in an intermediate State, shall ensure that the escort(s) remain(s) with the deportee to his final destination, unless suitable alternative arrangements are agreed, in advance of arrival, by the authorities and the aircraft operator involved at the transit location.

5.16 Contracting States shall not prevent the departure of an operator’s aircraft pending a determination of admissibility of any of its arriving passengers.

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Note.— An exception to this provision could be made in the case of infrequent flights or if the Contracting State had reason to believe that there might be an irregularly high number of inadmissible persons on a specific flight.

C.

D.

5.25 When a replacement travel document must be obtained in order to facilitate removal and acceptance of an inadmissible person at his destination, the State ordering the removal shall provide as much assistance as practicable in obtaining that document.

Deportees

5.17 A Contracting State deporting a person from its territory shall serve him a deportation order. Contracting States shall indicate to the deportee the name of the destination State.

Note.— In order to clarify application of this Standard, attention is drawn to Standard 5.13.

5.18 Contracting States removing deportees from their territories shall assume all obligations, responsibilities and costs associated with the removal.

5.26 A Contracting State shall, when requested to provide travel documents to facilitate the return of one of its nationals, respond within a reasonable period of time and not more than 30 days after such a request was made either by issuing a travel document or by satisfying the requesting State that the person concerned is not one of its nationals.

5.19 Contracting States, when making arrangements with an aircraft operator for the removal of a deportee, shall make available the following information as soon as possible, but in any case not later than 24 hours before the scheduled time of departure of the flight: 24/11/05

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Procurement of a replacement travel document

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5.27 A Contracting State shall not make the signing by the person concerned of an application for a travel document a prerequisite for the issuance of that document.

the request, the State shall issue an emergency travel document that attests to the nationality of the person concerned and that is valid for readmission to that State.

5.28 When a Contracting State has determined that a person for whom a travel document has been requested is one of its nationals but cannot issue a passport within 30 days of

5.29 A Contracting State shall not refuse to issue a travel document to or otherwise thwart the return of one of its nationals by rendering that person stateless.

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CHAPTER 6. INTERNATIONAL AIRPORTS — FACILITIES AND SERVICES FOR TRAFFIC General

6.4 Recommended Practice.— Where a passenger service charge is levied at an international airport and its collection from passengers gives rise to facilitation problems, this charge should be levied, where practicable, following consultation and advance notice, on the aircraft operators which should in turn recover the charge from passengers in such a way that the necessity for additional queuing at the airport is avoided.

6.1 Contracting States shall ensure that the provisions of Annex 9 continue to be implemented in the event an airport becomes privatized. 6.1.1 Contracting States shall take all necessary steps to secure the cooperation of aircraft operators and airport operators in ensuring that satisfactory facilities and services are provided for rapid handling and clearance of passengers, crew, baggage, cargo and mail at their international airports. Such facilities and services shall be flexible and capable of expansion to meet anticipated growth in traffic volume, or increased security measures during higher threat situations, while permitting appropriate narcotics control measures.

6.5 Recommended Practice.— Whenever possible, the use of credit cards should be acceptable as a means of payment for services rendered, including duties and taxes, at international airports. 6.6 Recommended Practice.— It is recommended that aircraft operators, in agreement with, and subject to reasonable limitations which may be imposed by, the airport operators, be offered the choice of providing their own services for ground handling operations, or the option of having such operations performed entirely, or in part, by an organization controlled by another aircraft operator authorized by the airport operator, or by the airport operator, or by a servicing agent approved by the airport operator.

Note.— With respect to the application of aviation security measures, attention is drawn to the relevant specification in Annex 17, Chapter 2.* 6.2 Contracting States shall take all necessary steps to encourage consultations between the airport operator on the one hand and aircraft operators, control authorities and appropriate bodies representing other airport users on the other at the earliest stage when planning new or substantially modified terminal buildings or when new procedures require changes in facilities, including changes of layout within existing facilities, at their international airports.

B.

I.

6.3 Contracting States shall take all necessary steps to secure the cooperation of aircraft operators and airport operators in ensuring that the facilities and services at their international airports are designed in such a way as to provide the best possible airport traffic flow arrangements.

6.7.1 Recommended Practice.— Contracting States should encourage airport operators and aircraft operators to exchange all relevant flight information. Electronic Data Interchange with airlines should be facilitated at busy airports. In such cases, technical solutions complying with industry standards (e.g. UN/EDIFACT) should be encouraged. 6.8 Recommended Practice.— The arrangements in 6.3 should be by the most direct route with no crossing between passenger and baggage lines nor between different circuits. To the extent that the route is not self-evident, appropriate signposting should be used.

* The specification reads as follows: Recommendation.— Each Contracting State should whenever possible arrange for the security controls and procedures to cause a minimum of interference with, or delay to the activities of, civil aviation provided the effectiveness of these controls and procedures is not compromised.

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Common provisions

6.7 Contracting States shall ensure that particular attention is given to the need for adequate facilities to be available at all times at international airports and that appropriate measures are adopted to permit embarkation and disembarkation of passengers without delay.

6.3.1 Recommended Practice.— Contracting States whose international airports experience traffic peaking problems should, in accordance with appropriate procedures for coordination of schedules at airports, indicate to the appropriate airlines operating scheduled and non-scheduled flights, well in advance of the recognized traffic seasons, any restrictions that may apply in order to match the traffic and the airport capacity.

ANNEX 9

Airport traffic flow arrangements

6.9 Recommended Practice.— International signs to facilitate passengers using airports, reproduced in the document 6-1

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developed for that purpose entitled International Signs to Provide Guidance to Persons at Airports and Marine Terminals (Doc 9636) published jointly by ICAO and the International Maritime Organization, should be introduced at the earliest practicable opportunity.

6.14 Recommended Practice.— International airports should have available appropriate automobile parking facilities for short- and long-term parking. II.

6.9.1 Recommended Practice.— Notices and leaflets should be prominently displayed at international airports, warning travellers of the serious consequences of illegal narcotics trafficking and of the penal measures to which persons convicted of narcotics law offences may be liable.

6.15 Recommended Practice.— Adequate measures should be taken to ensure convenient parking and servicing of aircraft of all types and categories — regular, non-scheduled and general aviation aircraft — in order to expedite clearance and operations on the apron and to reduce aircraft ground stop time. It is desirable in particular:

6.10 Recommended Practice.— Arrangements should be made so that, when necessary, passengers and crew can proceed under shelter between the air terminal buildings and the aircraft, and vice versa.

a) to make arrangements for optimum allocation of aircraft parking spaces as close as possible to the terminal building for rapid loading and unloading;

6.11 Recommended Practice.— Particular attention should be given to passenger routes involving long distances to be covered on foot and the possibility should be studied of facilitating travel over these routes by mechanical systems.

c) to equip the parking spaces with the necessary means for rapid, convenient and safe performance of all aircraft servicing operations, including equipment for secure tie-downs; d) to give particular importance to measures for assistance to aircraft during embarkation and disembarkation operations;

6.12.1 Recommended Practice.— In giving effect to 6.12, flight information boards or displays should, as far as possible, be in the standard layout recommended in Doc 9249 — Dynamic Flight-related Public Information Displays. Contracting States should ensure that the parties concerned in the operation of flights provide on a timely and rapidly updated basis all relevant information on flights, including last-minute changes, to the authorities responsible for the operation of Flight Information Display Systems. Those authorities should be responsible for establishing the list of data elements they need for this operation and the means of communicating them, recognizing existing industry standards.

e) to provide facilities for fuelling of aircraft during hours established by the public authorities; f) to provide transportation between remote parking positions and the terminal building when distance and safety so require as a result of optimum use of the parking area available; and g) to provide, when necessary, parking space for international flights where inspection of aircraft, passengers, crew and baggage can be performed.

6.13 Recommended Practice.— Contracting States should ensure that rapid and reliable city/airport ground transportation is available.

III.

6.13.1 Recommended Practice.— Contracting States should promote full consultation at the earliest possible stage between airport operators and all agencies and operators involved in surface access to the airport to encourage both increased coordination in the planning of surface access to airports and the provision of relevant information to passengers. Contracting States should also promote both the provision of information to passengers on services available and on the price for such services, and the facilitation of ticketing for ground transportation, including payment methods.

6.16 Recommended Practice.— Easy and speedy access to the terminal should be provided for passengers, crew and their baggage arriving at the airport by surface transport. 6.17 Recommended Practice.— Contracting States should ensure that, where traffic justifies, aircraft operators, airports and airport handling operators consider the provision of child care rooms of suitable dimensions and with necessary child care facilities, in the departure and transit lounges of 6-2

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b) to provide adequate parking spaces, away from the terminal building, for aircraft when either loading or unloading, so as to avoid obstruction to the flow of traffic on the apron, and make adequate arrangements for their optimum use;

6.12 Recommended Practice.— Flight information boards, or displays, supplemented, where necessary, by a clearly audible public address system should be provided so that passengers and the public can be fully informed of arrivals, departures and cancellations of flights, and particularly of any last-minute changes in arrival or departure times or changes in gate numbers.

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passenger terminals, to provide special areas for infants/small children accompanied by parent(s) or guardian(s). These rooms should be clearly marked with appropriate signs.

reconciliation, sorting and tracing. The “Licence Plate Concept” developed by ACI/IATA is defined in the IATA Passenger Services Conference Resolutions Manual (Resolution 740) and in the appropriate Recommended Practices of the same document. The concept includes a coded baggage tag with a unique number that can be read automatically and transmitted electronically between aircraft operators, airports and handling agents. It enables these parties to provide higher-quality baggage sorting and handling. Baggage reconciliation applications (reference Annex 17, 4.4.3) can also use the same data elements;

6.18 Recommended Practice.— Easy and frequent transportation should be available between airport terminal buildings as well as between designated remote parking facilities and airport terminal buildings. 6.19 Recommended Practice.— Consideration should be given to the provision of baggage check-in facilities as close as possible to arrival points of surface transport.

c) an area where it would be possible to hold baggage containers and to rearrange their contents; and

6.20 Recommended Practice.— Contracting States should study the possibility of allowing the provision of offairport check-in facilities, with due regard to the necessary security precautions and control requirements. 6.21 Recommended Practice.— In order to facilitate aircraft departure, Contracting States, in examining passengers as a security measure, or for purposes of narcotics control as appropriate, should, to the extent feasible, utilize specialized equipment in conducting such examinations so as to reduce materially the number of persons to be searched by other means.

6.25 Recommended Practice.— The premises that crew members have to visit for operational purposes should be readily accessible and, if possible, next to one another.

IV.

Note 1.— The use of radiological techniques for screening passengers should be avoided.

Inbound passengers, crew and baggage

6.26 Contracting States shall make arrangements for a sufficient number of control channels so that clearance of inbound passengers and crew may be obtained with the least possible delay. Additional channel(s) shall be available if possible to which complicated cases may be directed without delaying the main flow of passengers.

Note 2.— Privacy should be assured when a thorough physical search is to be carried out. If special rooms are not available, portable screens may be used for this purpose. 6.22 Recommended Practice.— In order to facilitate aircraft departure, Contracting States, in examining baggage of passengers departing from their territory as a security measure, or for narcotics control purposes as appropriate, should, to the extent feasible, utilize specialized equipment in conducting such examinations so as to reduce materially the amount of baggage to be searched by other means.

6.27 Recommended Practice.— Particular attention should be given to points where passenger delays are frequently found to occur. 6.28 To obviate any delay to passengers, the necessary steps shall be taken to ensure that baggage arrives on time in the baggage claim area.

6.23 Recommended Practice.— An individual and continuous “trickle” method of processing and loading of passengers, crew and baggage should be adopted — in lieu of the group (“package”) system — whenever this will speed up their clearance.

6.28.1 Recommended Practice.— Arrangements should be made for rapid unloading of baggage, including containerized baggage, from the aircraft and its swift movement to the baggage claim area. To this end, mechanical unloading and conveyance systems should be used where the volume of traffic warrants and a sufficient number of handling staff should be available at all times.

6.24 Recommended Practice.— Particular attention should be paid to the use of sorting, conveyance, reconciliation and loading devices for baggage. Provisions should be made as far as possible for: a) mechanized systems capable of sorting, transferring and loading large quantities of baggage within a minimum amount of time, consistent with the volume of traffic;

6.29 Recommended Practice.— Adequate space should be provided in the baggage claim area permitting ready identification and speedy withdrawal by each passenger of his checked baggage.

b) the use of the unique baggage identification system, known as the “Licence Plate Concept”, for baggage

6.30 Recommended Practice.— Where the volume of baggage so warrants, mechanized baggage dispensing systems 6-3

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Chapter 6

should be provided in baggage-claim areas so as to move the baggage towards passengers, thus facilitating pick-up of baggage.

6.35.1 Recommended Practice.— Storage facilities should be provided for baggage left by their owners at international airports for later pick-up.

6.30.1 The operators responsible for international airports shall ensure that passengers can obtain assistance in the carriage of baggage to enable them to transfer baggage from baggage claim areas to points as close as possible to areas where surface transportation from the airport or between airport terminals is provided.

6.35.2 International airports shall be equipped with functional secure storage facilities where unclaimed, unidentified and mishandled baggage will be kept available for clearance until forwarded, claimed or disposed of in accordance with the governmental regulations and procedures applicable in the territory of the State concerned. Airline personnel shall have access to the baggage at least throughout the hours of airport operation.

V. Transit and transfer of passengers and crew

6.36 Recommended Practice.— To the extent that the non-travelling public are admitted to terminal buildings, appropriate arrangements should be made so that they do not interfere with the flow of inbound and outbound traffic.

6.31 Recommended Practice.— Contracting States should, whenever possible, permit passengers to remain on board the aircraft and authorize embarkation and disembarkation during refuelling, subject to the necessary safety measures.

6.36.1 Recommended Practice.— Provisions should be made to locate facilities for group/tour operators in public or uncontrolled areas in the arrival and/or departure areas in order to minimize congestion in the terminal buildings.

6.31.1 Recommended Practice.— It is recommended in particular that technical and regulatory provisions should be adopted to ensure that telescopic passageways to and from aircraft can be kept in use during refuelling of aircraft.

6.37 Recommended Practice.— When duty-free or other goods are offered for sale in terminal buildings, whether to outbound passengers only or to both outbound and inbound passengers, provisions should be made for convenient locations of the stores which would ensure easy access by a large number of passengers, efficient service and adequate customer space so as to avoid congestion and interference with the main streams of outbound and inbound passenger traffic.

6.32 Recommended Practice.— Contracting States should ensure that physical facilities at airports are provided, where the volume and nature of the traffic so require, whereby crew and passengers in direct transit on the same aircraft, or transferring to other flights, may remain temporarily without being subject to inspection formalities, except for aviation security measures, or in special circumstances. --`,,```,,,,````-`-`,,`,,`,`,,`---

VII.

Note.— This provision is not intended to prevent the application of appropriate narcotics control measures.

6.38 Recommended Practice.— Contracting States should make arrangements whereby all-cargo aircraft and their loads can be entered and cleared at the cargo terminal area.

6.33 Recommended Practice.— Provisions should be made for airline handling counters in the transit area for the purpose of processing passengers transferring from one aircraft to another and not going through clearance controls.

6.39 Recommended Practice.— Easy and speedy access should be provided to airport cargo terminals, taking into account the space requirements of extra-large trucks on access roads and in front of terminals for manoeuvring into position.

6.34 Recommended Practice.— Arrangements should be made whereby crew members in brief transit can communicate from a point near the aircraft’s loading position, located either on the apron or in a locale near the apron, via television or telephone with the various governmental agencies (e.g. air traffic control, MET Office) without the need to report to them in person.

VI.

6.40 Recommended Practice.— Each cargo terminal should be provided with delivery/receiving positions adaptable to truck-bed heights. 6.41 Recommended Practice.— Use should be made, where justified, of mechanized and automated facilities for loading and unloading, conveyance and storage of cargo.

Miscellaneous facilities and services in passenger terminal buildings

6.42 Recommended Practice.— Adequate space should be available in cargo terminals for storage and handling of air cargo, including building up and breaking down of pallet and

6.35 Recommended Practice.— Facilities provided for the use of transit passengers should contain all necessary arrangements for their convenience. 24/11/05

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container loads, located next to the customs area and easily accessible to authorized persons and vehicles from both the apron and the landside road. Such arrangements should take into account aviation security and appropriate narcotics control measures.

transmission of the mail, in the opinion of the postal authorities, adequate space and facilities should be provided at international airports for the reworking, sorting and onward transmission of airmail. Such arrangements should take into account aviation security and appropriate narcotics control measures.

C. Facilities required for implementation of public health, emergency medical relief, and animal and plant quarantine measures

6.44 Recommended Practice.— Cargo terminals should be equipped with storage facilities as appropriate for special cargo (e.g. valuable goods, perishable shipments, human remains, radioactive and other dangerous goods, as well as live animals). Those areas of cargo terminals in which general and special cargo and mail are stored prior to shipment by air should be protected against access by unauthorized persons at all times.

6.51 Contracting States, in cooperation with airport operators, shall ensure the maintenance of public health, including human, animal and plant quarantine at international airports. 6.52 Recommended Practice.— Contracting States should provide, at or near all their major international airports, facilities and services for vaccination or revaccination, and for the delivery of the corresponding certificates.

6.45 Recommended Practice.— Parking spaces should be available at cargo terminals for handling equipment when not in use, located so as to avoid interference with the flow of inbound and outbound cargo.

6.53 Recommended Practice.— International airports should have available adequate facilities for administration of public health and animal and plant quarantine measures applicable to aircraft, crew, passengers, baggage, cargo, mail and stores.

6.46 Recommended Practice.— Where high-capacity aircraft with mixed passenger and cargo loads are positioned next to the passenger terminal, all necessary facilities should be provided for swift loading/unloading and conveyance between the aircraft and the cargo terminal(s) of large volumes of air cargo. To this end, flow routes should be designed so as to avoid interference with those for passengers and baggage.

6.54 Recommended Practice.— Contracting States should provide arrangements whereby passengers and crew in transit can remain in premises free from any danger of infection and insect vectors of diseases and, when necessary, facilities should be provided for the transfer of passengers and crew to another terminal or airport nearby without exposure to any health hazard. Similar arrangements and facilities should also be made available in respect of animals.

6.47 Recommended Practice.— Facilities should be provided, where necessary, for the direct removal of bulky or heavy consignments by approved transport, from the airport to the premises of the importer, agent or freight forwarder, such removal being subject to customs approval and any conditions attached to that approval.

6.55 Contracting States, in cooperation with airport operators and aircraft operators, shall take all steps to ensure that the procurement, preparation, handling, storage and service of food and water supplies intended for consumption both at airports and on board aircraft are hygienically carried out in accordance with the pertinent regulations, recommendations and standards of the World Health Organization and the per-tinent recommendations of the Food and Agriculture Organization of the United Nations.

6.48 Recommended Practice.— Sufficiently large and convenient areas should be provided at international airports, where, under customs supervision, trans-shipment cargo can be broken down, sorted and reassembled for immediate or later onward transmission. Such arrangements should take into account aviation security and appropriate narcotics control measures.

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6.49 Recommended Practice.— At airports whose cargo handling capacity is insufficient and whose expansion is limited or unfeasible, off-airport bonded warehouses should be allowed, and the procedures for moving cargo between them and the airport should be minimal in order to accelerate clearance and reduce congestion in airport warehouses.

6.56 Contracting States, in cooperation with airport operators and aircraft operators, shall ensure that an effective system is instituted for the safe removal and safe disposal of excrement, refuse, waste water, waste, unused and condemned food and other matter dangerous to the health of persons, animals or plants in accordance with the pertinent regulations and recommendations of the World Health Organization and the recommendations of the Food and Agriculture Organization of the United Nations.

6.50 Recommended Practice.— Where the volume of airmail so warrants and where it will expedite the onward 6-5

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6.43 Recommended Practice.— Adequate space and facilities should be provided at international airports, or at convenient off-airport locations, for the temporary storage of empty containers.


Annex 9 — Facilitation

Chapter 6 services of such authorities on terms not less favourable to operators of aircraft than those which apply to operators of other means of transportation entering the State.

6.57 There shall be maintained at international airports facilities for first aid attendance on site, and appropriate arrangements shall be available for expeditious referral of the occasional more serious case to pre-arranged competent medical attention.

6.62 Recommended Practice.— Contracting States should make arrangements whereby one State will permit another State to station representatives of the public authorities concerned in its territory to examine aircraft, passengers, crew, baggage, cargo and documentation for customs, immigration, public health and animal and plant quarantine purposes, prior to departure for the other State concerned, when such action will facilitate clearance upon arrival in that State. Alternatively, Contracting States may by agreement enter into electronic forms of pre-clearance for any of the functions listed above to facilitate clearance upon arrival in the other State.

D. Facilities required for clearance controls and operation of control services 6.58 Recommended Practice.— Space and facilities for the authorities in charge of clearance controls should, as far as possible, be provided at public expense. 6.59 If the space and facilities referred to in 6.58 are not provided at public expense, Contracting States shall ensure that such space and facilities are provided on terms not less favourable than those which apply to the operators of other means of transportation entering the State and requiring space and facilities on a comparable scale.

E. Monetary exchange facilities 6.63 Contracting States shall make arrangements to display at their international airports their regulations governing the exchange of funds of other States against national funds.

6.60 Contracting States shall provide sufficient services of the public authorities concerned, without charge, to operators during working hours established by those authorities.

6.64 Contracting States that maintain exchange controls with respect to funds of other States shall make arrangements:

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Note.— Where traffic, volume and available space and facilities warrant, Contracting States may wish to provide clearance controls for passengers and their baggage at more than one location.

a) to publish the current legal rates of exchange for such funds;

6.65 Contracting States that do not maintain exchange controls with respect to some or all funds of other States shall make arrangements to display information to that effect at their international airports.

Note 1.— Paragraphs 6.60 and 6.60.1 should be applied in accordance with Article 82 of the International Health Regulations (1969), Third Annotated Edition (1983) which provides that no charge shall be made by a health authority for any medical examination provided for in the International Health Regulations (IHR) or for any vaccination of a person on arrival and any certificate thereof. The IHR specify that it is not permissible to exact or receive payment for medical examination carried out at any time of the day or night. Article 24 provides that health measures shall be initiated forthwith and completed without delay.

6.66 Recommended Practice.— With respect to those funds of other States for which no controlled exchange rates have been established by the Contracting State concerned, it should make such arrangements as may be feasible to make information available at its international airports as to the prevailing open market rates. 6.67 Contracting States shall provide, at such times as to meet the needs of the travelling public, adequate facilities at international airports for the legal exchange of funds of other States through governmental agencies or shall authorize private agencies to do so. These facilities shall be available to arriving and departing passengers.

Note 2.— Under Annex 15 — Aeronautical Information Services, States are obligated to publish the types and hours of clearance services (customs, immigration, health) at their international airports. 6.61 Outside of the working hours established to cover any periods of substantial workload at international airports referred to in 6.60 and 6.60.1 Contracting States shall provide 15/7/07 24/11/05

Note.— In giving effect to this provision, the use of vending machines at international airports, enabling a departing 6-6

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b) to display or otherwise make available at their international airports such rates as may be of principal interest at the respective airports.

6.60.1 Contracting States shall provide sufficient services of the public authorities concerned in such a way as to respond to real needs and thus to the flow of traffic during working hours established by those authorities.


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passenger to obtain foreign currency, at any time of the day or night, has proved to be of valuable assistance and should be considered as a possibility by Contracting States.

such amount at the international airport of entry and, upon departure, to reclaim it at the same point or at any other point designated by the public authorities concerned.

6.68 Recommended Practice.— Contracting States restricting the import or export of funds of other States should provide for the issuance to travellers of certificates showing the amounts of such funds in their possession upon entering the State and should permit such travellers, upon surrender of such certificates prior to leaving the State, to take such funds with them. Inscription on the passport or other official document for travel may serve the same purpose.

F.

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6.70 Recommended Practice.— Contracting States should take the necessary steps to increase passenger awareness of the unacceptability and consequences of unruly or disruptive behaviour in aviation facilities and on board aircraft. 6.71 Recommended Practice.— Contracting States should require that training in noting, anticipating, and handling of irate or unruly passenger behaviour, recognition of potentially escalating situations, crisis containment and related issues should be provided to the relevant staff and crew members who are in contact with passengers.

6.69 Recommended Practice.— Contracting States that prohibit or limit the amount of importation of their own currency should provide reasonable facilities for travellers from abroad, who declare an amount of such currency in excess of that permitted by the current regulations, to deposit

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CHAPTER 7. LANDING ELSEWHERE THAN AT INTERNATIONAL AIRPORTS General

7.1 Each Contracting State shall take steps to ensure that all possible assistance is rendered by its public authorities to an aircraft which, for reasons beyond the control of the pilotin-command, has landed elsewhere than at one of its international airports and, to this end, shall keep control formalities and procedures, in such cases, to a minimum.

C.

7.4 If it is apparent that the aircraft will be substantially delayed or is unable to continue its flight, the following provisions shall apply:

7.2 The pilot-in-command or the next senior crew member available shall cause the landing to be reported as soon as practicable to the public authorities concerned.

B.

7.4.1 The pilot-in-command, while awaiting the instructions of the public authorities concerned or if he or his crew is unable to get in touch with them, shall be entitled to take such emergency measures as he deems necessary for the health and safety of passengers and crew and for avoiding or minimizing loss or destruction to the aircraft itself and its load.

Short stopover

7.3 If it is apparent that the aircraft can resume its flight within a relatively short time of arrival, the following procedure shall apply:

7.4.2 Passengers and crew shall be permitted to secure suitable accommodation pending completion of the necessary formalities if such formalities cannot be promptly carried out.

7.3.1 Control measures shall be limited to those that ensure that the aircraft departs with the same load that was on board at the time of arrival. In case the load or part thereof cannot, for operational or other reasons, continue on that flight, the public authorities shall expedite clearance formalities and cooperate in speedy onward transportation for that load to its destination.

7.4.3 Cargo, stores and unaccompanied baggage, if required to be removed from the aircraft for safety reasons, shall be deposited in a nearby area and remain there pending completion of the necessary formalities.

7.3.2 The public authorities shall designate, if necessary, an adequate area under their general supervision where passengers and crew can move about during their stopover.

ANNEX 9

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No resumption of flight

7.4.4 Mail shall be disposed of as is required pursuant to the Acts in force of the Universal Postal Union.

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A.


Bonds and exemption from requisition or seizure

to be able to arrange transport to the site of the accident or incident without delay and, if necessary, help them to this end.

8.1 Recommended Practice.— If a Contracting State requires bonds of an aircraft operator to cover his liabilities under the customs, immigration, public health, animal and plant quarantine, or similar laws of the State, it should permit the use of a single comprehensive bond whenever possible.

8.4 Each Contracting State shall facilitate the temporary entry into its territory of all aircraft, tools, spare parts and equipment required in the search, rescue, accident investigation, repair or salvage of the damaged aircraft of another State. These items shall be temporarily admitted free from customs duties and other taxes or charges and the application of regulations of any nature restricting the importation of goods.

8.2 Recommended Practice.— The aircraft, ground equipment, security equipment, spare parts and technical supplies of an aircraft operator located in a Contracting State (other than the Contracting State in which such airline is established) for use in the operation of an international air service serving such Contracting State, should be exempt from the laws of such Contracting State authorizing the requisition or seizure of aircraft, equipment, parts or supplies for public use, without prejudice to the right of seizure for breaches of the laws of the Contracting State concerned.

Note.— It is understood that this provision does not preclude the application of public health and animal and plant quarantine measures, if required. 8.5 Each Contracting State shall facilitate the removal from its territory of both the damaged and any assisting aircraft, together with tools, spare parts and equipment that may have been brought in for search, rescue, accident investigation, repair or salvage purposes.

B. Facilitation of search, rescue, accident investigation and salvage

8.6 Damaged aircraft or parts thereof, and any stores or cargo contained therein, together with any aircraft, tools, spare parts or equipment brought in for temporary use in search, rescue, accident investigation, repair or salvage, which are not removed from the territory of the Contracting State within a length of time to be specified by that State, shall be subject to the requirements of the applicable laws of the State concerned.

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8.3 Subject to any conditions imposed by Annex 12 — Search and Rescue and Annex 13 — Aircraft Accident and Incident Investigation, Contracting States shall make arrangements to ensure entry without delay into their territories on a temporary basis of qualified personnel required for search, rescue, accident investigation, repair or salvage in connection with a lost or damaged aircraft.

8.7 If, in connection with an aircraft accident investigation, it becomes necessary to send a part, or parts, of a damaged aircraft to another Contracting State for technical examination or testing, each Contracting State concerned shall ensure that the movement of such part, or parts, is effected without delay. The Contracting States concerned shall likewise facilitate the return of such part, or parts, to the State instituting the accident investigation should the latter State require them in order to complete the investigation.

8.3.1 In arranging for the entry without delay of the personnel referred to in 8.3, when such a document is necessary, States shall not require any other travel document than a passport (cf. 3.4). 8.3.2 Recommended Practice.— In cases where a Contracting State continues to require entrance visas for the personnel referred to in 8.3, it should, when necessary and on an exceptional basis, issue such visas on arrival or otherwise facilitate their admission when such personnel carry an order of mission from the competent authority in their State (cf. 3.38).

C. Relief flights following natural and man-made disasters which seriously endanger human health or the environment, and similar emergency situations where United Nations (UN) assistance is required

8.3.3 Recommended Practice.— Contracting States should ensure that their authorities are adequately informed of the provisions of Annexes 13 and 9 relating to the facilitation of aircraft accident and incident investigations. In this regard, States should recognize the need for the investigators concerned ANNEX 9

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A.

OTHER FACILITATION PROVISIONS

8.8 Contracting States shall facilitate the entry into, departure from and transit through their territories of aircraft 8-1

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Chapter 8

engaged in relief flights performed by or on behalf of international organizations recognized by the UN or by or on behalf of States themselves and shall take all possible measures to ensure their safe operation. Such relief flights are those undertaken in response to natural and man-made disasters which seriously endanger human health or the environment, as well as similar emergency situations where UN assistance is required. Such flights shall be commenced as quickly as possible after obtaining agreement with the recipient State.

Annex 6 of the International Health Regulations (2005), in order to assure uniform acceptance. 8.14 Each Contracting State shall make arrangements to enable all aircraft operators and agencies concerned to make available to passengers, sufficiently in advance of departure, information concerning the vaccination requirements of the countries of destination, as well as the Model International Certificate of Vaccination or Prophylaxis conforming to Article 36 and Annex 6 of the International Health Regulations (2005).

Note 1.— According to its Internationally Agreed Glossary of Basic Terms, the United Nations Department of Humanitarian Affairs considers an emergency to be “a sudden and usually unforeseen event that calls for immediate measures to minimize its adverse consequences”, and a disaster to be “a serious disruption of the functioning of society, causing widespread human, material or environmental losses which exceed the ability of the affected society to cope using only its own resources”.

8.15 The pilot-in-command of an aircraft shall ensure that a suspected communicable disease is reported promptly to air traffic control, in order to facilitate provision for the presence of any special medical personnel and equipment necessary for the management of public health risks on arrival. Note 1.— A communicable disease could be suspected and require further evaluation if a person has a fever (temperature 38°C/100°F or greater) that is associated with certain signs or symptoms: e.g. appearing obviously unwell; persistent coughing; impaired breathing; persistent diarrhoea; persistent vomiting; skin rash; bruising or bleeding without previous injury; or, confusion of recent onset.

Note 2.— With respect to the application of measures to ensure the safe operation of relief flights, attention is drawn to Annex 11 — Air Traffic Services, the Manual Concerning Safety Measures Relating to Military Activities Potentially Hazardous to Civil Aircraft Operations (Doc 9554) and the Manual concerning Interception of Civil Aircraft (Doc 9433).

Note 2.— In the event of a case of suspected communicable disease on board an aircraft, the pilot-in-command may need to follow his operator’s protocols and procedures, in addition to health-related legal requirements of the countries of departure and/or destination. The latter would normally be found in the Aeronautical Information Publications (AIPs) of the States concerned.

8.9 Contracting States shall ensure that personnel and articles arriving on relief flights referred to in 8.8 are cleared without delay. --`,,```,,,,````-`-`,,`,,`,`,,`---

D.

Marine pollution and safety emergency operations

8.15.1 Recommended Practice.— When a public health threat has been identified, and when the public health authorities of a Contracting State require information concerning passengers’ and/or crews’ travel itineraries or contact information for the purposes of tracing persons who may have been exposed to a communicable disease, that Contracting State should accept the “Public Health Passenger Locator Card” reproduced in Appendix 13 as the sole document for this purpose.

8.10 In cases of emergency, Contracting States shall facilitate the entry, transit and departure of aircraft engaged in the combatting or prevention of marine pollution, or other operations necessary to ensure maritime safety, safety of the population or protection of the marine environment. 8.11 In cases of emergency, Contracting States shall, to the greatest extent possible, facilitate the entry, transit and departure of persons, cargo, material and equipment required to deal with the marine pollution and safety operations described in 8.10.

E.

Note.— It is suggested that States make available adequate stocks of the Passenger Locator Card, for use at their international airports and for distribution to aircraft operators, for completion by passengers and crew.

Implementation of international health regulations and related provisions

8.12 Contracting States shall comply with the pertinent provisions of the International Health Regulations (2005) of the World Health Organization.

F.

8.16 A Contracting State shall establish a national aviation plan in preparation for an outbreak of a communicable disease posing a public health risk or public health emergency of international concern.

8.13 Contracting States shall take all possible measures to have vaccinators use the Model International Certificate of Vaccination or Prophylaxis, in accordance with Article 36 and 15/7/07 24/11/05 No. 20 Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

Communicable disease outbreak national aviation plan

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Note.— Guidance in developing a national aviation plan may be found on the ICAO website on the Aviation Medicine page.

8.24 Recommended Practice.— Contracting States should take the necessary steps with aircraft operators, airports and ground handling operators to establish minimum uniform standards of accessibility with respect to transportation services for persons with disabilities, from arrival at the airport of departure to leaving the airport of destination.

Establishment of national facilitation programmes

8.17 Each Contracting State shall establish a national air transport facilitation programme based on the facilitation requirements of the Convention and of Annex 9 thereto.

8.25 Recommended Practice.— Contracting States should take the necessary steps with aircraft operators, airports, ground handling operators and travel agencies to ensure that persons with disabilities are given the information they need, and should take the necessary steps to ensure that airlines, airports, ground handling operators and travel agencies are in a position to give those passengers the assistance necessary for them, depending on their needs, to help them in their travel.

8.18 Each Contracting State shall ensure that the objective of its national air transport facilitation programme shall be to adopt all practicable measures to facilitate the movement of aircraft, crews, passengers, cargo, mail and stores, by removing unnecessary obstacles and delays. 8.18.1 Recommended Practice.— In establishing a national air transport facilitation programme, States should use the guidance material outlined in Appendix 12.

8.26 Recommended Practice.— Contracting States should take all necessary steps to secure the cooperation of aircraft operators, airports and ground handling operators in order to establish and coordinate training programmes to ensure that trained personnel are available to assist persons with disabilities.

8.19 Each Contracting State shall establish a National Air Transport Facilitation Committee, and Airport Facilitation Committees as required, or similar coordinating bodies, for the purpose of coordinating facilitation activities between departments, agencies, and other organizations of the State concerned with, or responsible for, various aspects of international civil aviation as well as with airport and aircraft operators.

II.

8.20 Recommended Practice.— Contracting States should endeavour to establish close coordination, adapted to circumstances, between civil aviation security and facilitation programmes. To this end, certain members of Facilitation Committees should also be members of Security Committees.

8.27 Contracting States shall take the necessary steps to ensure that airport facilities and services are adapted to the needs of persons with disabilities. 8.28 Recommended Practice.— Contracting States should ensure that lifting systems or any other appropriate devices are made available in order to facilitate the movement of elderly and disabled passengers between the aircraft and the terminal on both arrival and departure as required where telescopic passageways are not used.

8.21 Recommended Practice.— In establishing and operating National Air Transport and Airport Facilitation Committees, States should use the guidance material outlined in Appendices 11 and 12.

8.29 Recommended Practice.— Measures should be taken to ensure that the hearing- and vision-impaired are able to obtain flight information.

H. Facilitation of the transport of passengers requiring special assistance

I.

Access to airports

8.30 Recommended Practice.— For elderly and disabled persons being set down or picked up at a terminal building, reserved points should be located as close as possible to main entrances. To facilitate movement to the various areas of the airport, access routes should be free of obstacles.

General

8.22 Recommended Practice.— When travelling, persons with disabilities should be provided with special assistance in order to ensure that they receive services customarily available to the general public. Such assistance includes the offering of information and directions in media that can be understood by travellers with cognitive or sensory disabilities.

8.31 Recommended Practice.— Where access to public services is limited, every effort should be made to provide accessible and reasonably priced ground transportation services by adapting current and planned public transit systems or by providing special transport services for people with mobility needs.

8.23 Recommended Practice.— Contracting States should cooperate with a view to taking the necessary measures 8-3

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G.

to make accessible to persons with disabilities all the elements of the chain of the person’s journey, from beginning to end.


Annex 9 — Facilitation

Chapter 8 8.38 Recommended Practice.— If the presence of an escort is required, Contracting States should encourage aircraft operators to offer discounts for the carriage of that accompanying person.

8.32 Recommended Practice.— Adequate parking facilities should be provided for people with mobility needs and appropriate measures taken to facilitate their movement between parking areas and the terminal buildings. 8.33 Recommended Practice.— Direct transfer from one aircraft to another of passengers, particularly elderly and disabled passengers, should be authorized, where necessary and possible, whenever this is warranted by deadlines in making connecting flights or by other circumstances.

III.

I.

8.39 The State of Occurrence of an aircraft accident and adjacent States shall make arrangements to facilitate the entry into their territory on a temporary basis of family members of victims of an aircraft accident.

Access to air services

8.34 Contracting States shall take the necessary steps to ensure that persons with disabilities have adequate access to air services.

8.40 The State of Occurrence and adjacent States shall also make arrangements to facilitate the entry into their territory, on a temporary basis, of authorized representatives of the operator whose aircraft has met with the accident, or of the operator’s alliance partner, in order to enable them to provide assistance to survivors and their family members, the family members of the deceased victims of the accident and the relevant authorities in these States.

8.35 Recommended Practice.— Contracting States should introduce provisions by which aircraft coming newly into service or after major refurbishment should conform to minimum uniform standards of accessibility with respect to equipment on board aircraft which would include movable armrests, on-board wheelchairs, lavatories and suitable lighting and signs.

Note.— Code-sharing and similar alliance agreements sometimes require alliance partners to act as “first responder” on behalf of an affected operator in case the alliance partner can get to the location of the accident quicker than the affected operator.

8.36 Recommended Practice.— Wheelchairs, special apparatus and equipment required by persons with disabilities should be carried free of charge in the cabin where, in the view of the aircraft operator, space and safety requirements permit or should be designated as priority baggage. Service animals accompanying passengers with disabilities should also be carried free of charge in the cabin, subject to the application of any relevant national or aircraft operator regulations.

8.41 Recommended Practice.— In arranging for the entry of the persons referred to in 8.39, the State of Occurrence and adjacent States should not require any other travel document than a passport, or an emergency travel document issued specifically to such persons, to enable them to travel to these States. In cases where the State of Occurrence of the accident or an adjacent State requires entrance visas for persons referred to in 8.39 and 8.40 above, it should expedite the issuance of such visas.

8.37 Recommended Practice.— In principle, persons with disabilities should be permitted to determine whether or not they need an escort and to travel without the requirement for a medical clearance. However, advance notice should be mandatory where assistance or lifting is required. Aircraft operators should only be permitted to require passengers with disabilities to obtain a medical clearance in cases of medical condition where it is clear that their safety or well-being or that of other passengers cannot be guaranteed. Furthermore, aircraft operators should only be permitted to require an escort when it is clear that a person with disabilities is not self-reliant and, as such, the safety or well-being of that person or that of another passenger cannot be guaranteed.

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8.42 Contracting States shall make arrangements to issue emergency travel documents, if required, to their nationals who have survived the accident. 8.43 Contracting States shall extend all necessary assistance, such as arranging transport and clearing customs, in the repatriation of human remains to their countries of origin, on request by family members of the deceased or the operator whose aircraft met with the accident.

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Assistance to aircraft accident victims and their families

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APPENDIX 1.

GENERAL DECLARATION

GENERAL DECLARATION (Outward/Inward) Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marks of Nationality and Registration . . . . . . . . . . . . . . . . . . . . . . .

Flight No. . . . . . . . . . . . . .

Departure from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrival at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Place)

Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Place)

FLIGHT ROUTING (“Place” Column always to list origin, every en-route stop and destination)

PLACE

NUMBER OF PASSENGERS ON THIS STAGE**

NAMES OF CREW*

297 mm (or 11 3/4 inches)

Departure Place: Embarking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Through on same flight . . . . . . . . . . . . . . . . . . . . . . . Arrival Place: Disembarking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Through on same flight . . . . . . . . . . . . . . . . . . . . . . .

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Declaration of Health Name and seat number or function of persons on board with illnesses other than airsickness or the effects of accidents, who may be suffering from a communicable disease (a fever — temperature 38°C/100°F or greater — associated with one or more of the following signs or symptoms, e.g. appearing obviously unwell; persistent coughing; impaired breathing; persistent diarrhoea; persistent vomiting; skin rash; bruising or bleeding without previous injury; or confusion of recent onset, increases the likelihood that the person is suffering a communicable disease) as well as such cases of illness disembarked during a previous stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................................................

For official use only

Details of each disinsecting or sanitary treatment (place, date, time, method) during the flight. If no disinsecting has been carried out during the flight, give details of most recent disinsecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................................................... Signed, if required, with time and date ______________________________________ Crew member concerned

I declare that all statements and particulars contained in this General Declaration, and in any supplementary forms required to be presented with this General Declaration, are complete, exact and true to the best of my knowledge and that all through passengers will continue/have continued on the flight.

SIGNATURE __________________________________________ Authorized Agent or Pilot-in-command

Size of document to be 210 mm × 297 mm (or 8 1/4 × 11 3/4 inches). ** To be completed when required by the State. ** Not to be completed when passenger manifests are presented and to be completed only when required by the State. 210 mm (or 8 1/4 inches)

APP 1-1

ANNEX 9

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APPENDIX 2.

PASSENGER MANIFEST

PASSENGER MANIFEST

Marks of Nationality and Registration*. . . . . . . . . . . . . . . . . . . . . . . Flight No. . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . Point of embarkation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Point of disembarkation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Place)

Surname and initials

(Place)

For use by operator only

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Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For official use only

........................................................................................... ........................................................................................... ........................................................................................... ...........................................................................................

297 mm (or 11 3/4 inches)

........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... Size of document to be 210 mm × 297 mm (or 8 1/4 × 11 3/4 inches). ** To be completed only when required by the State. 210 mm (or 8 1/4 inches)

ANNEX 9

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APP 2-1

Not for Resale

24/11/05

--`,,```,,,,````-`-`,,`,,`,`,,`---

...........................................................................................


APPENDIX 3.

CARGO MANIFEST

CARGO MANIFEST Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marks of Nationality and Registration* . . . . . . . . . . . . . . . . . . . . . . . Flight No. . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . Point of lading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Point of unlading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Waybill Number

Number of packages

(Place)

Nature of goods*

For use by operator only

For official use only

............................................................................................... ............................................................................................... ............................................................................................... ...............................................................................................

297 mm (or 11 3/4 inches)

............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... --`,,```,,,,````-`-`,,`,,`,`,,`---

............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... ............................................................................................... Size of document to be 210 mm × 297 mm (or 8 1/4 × 11 3/4 inches). * To be completed only when required by the State. 210 mm (or 8 1/4 inches)

APP 3-1

ANNEX 9 --`,,```,,,,````-`-`,,`,,`,`,,`---

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--`,,```,,,,````-`-`,,`,,`,`,,`---

(Place)


--`,,```,,,,````-`-`,,`,,`,`,,`---

APPENDIX 4.

CERTIFICATE OF RESIDUAL DISINSECTION

GOVERNMENT OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CERTIFICATE OF RESIDUAL DISINSECTION

Interior surfaces, including cargo space, of this aircraft . . . . . . . . . . . . . . . . . . . . . . were treated with permethrin on . . . . . . . . (aircraft registration)

(date)

in accordance with the World Health Organization recommendations (WHO Weekly Epidemiological Record No. 7, 1985, p. 47; No. 12, 1985, p. 90; No. 45, 1985, pp. 345-346; and No. 44, 1987, pp. 335-336) and any amendments thereto. The treatment must be renewed if cleaning or other operations remove a significant amount of the permethrin residue, and in any case within 8 weeks of the above date.

Expiry date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX 9

APP 4-1

--`,,```,,,,````-`-`,,`,,`,`,,`----`,,```,,,,````-`-`,,`,,`,`,,`---

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APPENDIX 5.

EMBARKATION/DISEMBARKATION CARD

INTERNATIONAL EMBARKATION/DISEMBARKATION CARD (Please print in block letters*)

.............. Month

............... Day --`,,```,,,,````-`-`,,`,,`,`,,`---

2. Date of birth: . . . . . . . . . . . . . . Year

............................. Secondary name(s)

3. Nationality: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Travel document: . . . . . . . . . . . . Issuing State 5. Arriving passengers: port of embarkation or Departing passengers: port of disembarkation

................. Document type

............. Number

--`,,```,,,,````-`-`,,`,,`,`,,`---

1. Name: . . . . . . . . . . . . . . . . . . . . . . . . Primary name

............................................

6. (Other data, requested at the option of the State) a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

--`,,```,,,,````-`-`,,`,,`,`,,`---

* Applies to languages using the Latin alphabet.

ANNEX 9

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APP 5-1

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APPENDIX 6. RECOMMENDATION OF THE CUSTOMS CO-OPERATION COUNCIL*

“THE CUSTOMS CO-OPERATION COUNCIL,

of import duties and taxes and which are not subject to import prohibitions or restrictions; and

Having Regard to Recommendation No. B-3 of the Seventh Session of the Facilitation Division of the International Civil Aviation Organization, as adopted by the Council of that Organization in December 1968, relating to the establishment at international airports of dual-channel systems for speedy clearance of inbound baggage;

b) the other (red channel) for other passengers. 2) Each channel shall be clearly and distinctively marked so that the choice between them can easily be understood by passengers. The basic distinctive marking shall be:

Having Regard to Recommendation No. 11 adopted by the Second Intermediate Session of the European Civil Aviation Conference in July 1969 on the dual-channel or red/green system;

a) for the channel referred to under 1) a), green, in the shape of a regular octagon, and the words “NOTHING TO DECLARE” (“RIEN À DÉCLARER”);

Desiring to contribute to the efforts to improve the flow of passenger traffic at international airports;

b) for the channel referred to under 1) b), red, in the shape of a square, and the words “GOODS TO DECLARE” (“MARCHANDISES À DÉCLARER”).

Considering that this aim can be achieved by introducing a simplified procedure, based on the dual-channel system, for the Customs control of passengers and their baggage;

In addition, the channels should be identified by an inscription including the words “CUSTOMS” (“DOUANE”).

Considering that such a system can be adopted without reducing the effectiveness of the control and that it enables Customs authorities to deal efficiently with an increasing number of passengers without a corresponding increase in the number of Customs staff;

3) The texts referred to in paragraph 2) shall be in English and/or French and in any other language or languages deemed useful for the airport concerned. 4) Passengers must be sufficiently well informed to choose between the channels. For this purpose it is important:

Considering that harmonization of the features of this system, as between the various countries, is essential to its smooth operation; --`,,```,,,,````-`-`,,`,,`,`,,`---

a) that passengers be informed about the functioning of the system and about the descriptions and quantities of goods they may have with them when using the green channel. This may be done by means of posters or panels at the airport or by means of leaflets available to the public at the airport or distributed through tourist agencies, airlines and other interested bodies;

Recommends that Members introduce, at their major international airports, in close co-operation with the airport operators and other agencies concerned, the dual-channel system outlined below for the clearance inwards of passengers and their baggage: 1) The system shall allow the passengers to choose between two types of channels:

b) that the route to the channels be clearly signposted.

a) one (green channel) for passengers having with them no goods or only goods which can be admitted free

5) The channels shall be located beyond the baggage delivery area so that passengers have all their baggage with them when choosing their channel. Moreover, the channels shall be so arranged that the passenger flow from that area to the exits from the airport is as direct as possible.

* Now known as the World Customs Organization (WCO). ANNEX 9

APP 6-1 --`,,```,,,,````-`-`,,`,,`,`,,`---

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--`,,```,,,,````-`-`,,`,,`,`,,`---

For a Simplified Customs Control, Based on the Dual-Channel System, of Passengers Arriving by Air (8 June 1971)


Annex 9 — Facilitation

Appendix 6

6) The distance between the baggage delivery area and the entrances to the channels shall be sufficient to allow passengers to decide which channel to choose and to move into that channel without causing congestion.

Requests Members who accept this Recommendation to notify to the Secretary General: a) their acceptance and the date from which they will apply the Recommendation;

7) In the green channel passengers shall not be subject to any Customs formalities but the Customs may make spot checks; in the red channel passengers shall accomplish the formalities required by the Customs;

The Secretary General will transmit this information to the Customs Administrations of Members, to the Secretary General of the International Civil Aviation Organization (ICAO) and to the Director General of the International Air Transport Association (IATA).�

--`,,```,,,,````-`-`,,`,,`,`,,`---

--`,,```,,,,````-`-`,,`,,`,`,,`---

Points out that the dual-channel system is not necessarily incompatible with the application of other controls, for example, exchange control, unless the relevant regulations require full control of the passengers and their baggage;

b) the names of the airports where the dual-channel system is applied.

24/11/05

APP 6-2

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APPENDIX 7.

CREW MEMBER CERTIFICATE (CMC)

Issuing State Competent issuing authority

Photograph of holder of Certificate

CREW MEMBER CERTIFICATE

Surname/Nom

Given name/ Prénom

Sex/ Sexe

Date of Birth/ Date de Naissance

Nationality/ Nationalité

Employed by/ Employeur

Occupation/ Profession

Doc No/No du Doc

Date of Expiry/ Date d’expiration

(Signature of holder)

Front of CMC --`,,```,,,,````-`-`,,`,,`,`,,`---

Issuing State The holder may, at all times, re-enter upon production of this certificate, within the period of validity.

(Signature)

Issued at/Émis à

(Place of issue)

Issuing Authority/ Autorité d’émission

Machine Readable Zone (To be left blank when non-machine readable certificate issued)

Back of CMC

Note.— Detailed specifications for a machine readable crew member certificate can be found in Doc 9303, Part 3 — Size 1 and Size 2 Machine Readable Official Travel Documents.

APP 7-1

ANNEX 9 --`,,```,,,,````-`-`,,`,,`,`,,`---

Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

--`,,```,,,,````-`-`,,`,,`,`,,`---

Not for Resale

24/11/05


APPENDIX 8.

CIVIL AVIATION SAFETY INSPECTOR CERTIFICATE

Issuing State Competent issuing authority

Photograph of holder of Certificate

CIVIL AVIATION SAFETY INSPECTOR CERTIFICATE

Surname/Nom

Given name/Prénom

Sex/ Sexe

Date of Birth/ Date de Naissance

Nationality/ Nationalité

Employed by/ Employeur

Occupation/ Profession

CIVIL AVIATION SAFETY INSPECTOR Doc No/No du Doc

Date of Expiry/ Date d’expiration

(Signature of holder) --`,,```,,,,````-`-`,,`,,`,`,,`---

Front of Certificate

Issuing State The holder may, at all times, re-enter upon production of this certificate, within the period of validity.

Issued at/Émis à

(Place of issue)

(Signature) Issuing Authority/ Autorité d’émission

Machine Readable Zone (To be left blank when non-machine readable certificate issued)

--`,,```,,,,````-`-`,,`,,`,`,,`---

Back of Certificate

--`,,```,,,,````-`-`,,`,,`,`,,`---

Note.— Detailed specifications for a machine readable certificate can be found in Doc 9303, Part 3 — Size 1 and Size 2 Machine Readable Official Travel Documents.

ANNEX 9

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APP 8-1

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24/11/05


APPENDIX 9. SUGGESTED FORMATS FOR DOCUMENTS RELATING TO THE RETURN OF INADMISSIBLE PERSONS

1.

ATTESTING DOCUMENT RELATING TO LOST OR DESTROYED TRAVEL DOCUMENTS (see 5.6)

From: Immigration or other appropriate authority: (Name) Airport: (Name) State: (Name) Telephone: Telex: Facsimile:

To: Immigration or other appropriate authority: (Name) Airport: (Name) State: (Name)

The person for whom this document is issued arrived on (date) at (name of) Airport on flight (flight number) from (City and State). This person, who was found to be inadmissible, has lost or destroyed his travel documents and claims to be/is understood to be (strike out whichever is not applicable and add any appropriate supporting information). Surname: --`,,```,,,,````-`-`,,`,,`,`,,`---

Given name(s): Date of birth:

Photograph

Place of birth:

if available

Nationality: Residence: The incoming carrier was instructed to remove the passenger from the territory of this State on flight (flight number) departing on (date) at (time) from (name of) airport. Pursuant to Annex 9 to the Convention on International Civil Aviation, the last State in which a passenger previously stayed and most recently travelled from is invited to accept him for re-examination when he has been refused admission to another State. Name of Official: Title: Signature: Name of immigration or other appropriate authority:

--`,,```,,,,````-`-`,,`,,`,`,,`---

Date:

(Warning: This is NOT an Identification Document)

ANNEX 9

APP 9-1

24/11/05 --`,,```,,,,````-`-`,,`,,`,`,,`---

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Annex 9 —Facilitation

LETTER RELATING TO FRAUDULENT, FALSIFIED OR COUNTERFEIT TRAVEL DOCUMENTS OR GENUINE DOCUMENTS PRESENTED BY IMPOSTERS (see 5.7)

From: Immigration or appropriate authority: (Name) Airport: (Name) State: (Name) Telephone: Telex: Facsimile:

To: Immigration or appropriate authority: (Name) Airport: (Name) State: (Name)

Enclosed herewith is a photocopy of a fraudulent/falsified/counterfeit passport/identity card/genuine document presented by an imposter. Document number: State in whose name this document was issued: The above-mentioned document was used by a person claiming to be: Surname:

--`,,```,,,,````-`-`,,`,,`,`,,`---

2.

Appendix 9

Given name(s): Date of birth:

Photograph

Place of birth:

if available

Nationality: Residence: This person arrived on (date) at (name of) Airport on flight (flight number) from (City and State). The holder was refused entry to (name of State) and the incoming carrier has been instructed to remove the passenger from the territory of this State on flight (flight number) departing at (time) and (date) from (name of airport).

Date:

Name and signature of Official: Title: Name of immigration or appropriate authority: (Warning: This is NOT an Identification Document)

24/11/05 Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

APP 9-2

Not for Resale

--`,,```,,,,````-`-`,,`,,`,`,,`---

According to Annex 9 to the Convention on International Civil Aviation, the last State in which a passenger previously stayed and most recently travelled from is invited to accept him for re-examination when he has been refused admission to another State.

--`,,```,,,,````-`-`,,`,,`,`,,`---

The above-mentioned document will be required as evidence in the holder’s prosecution and has been impounded. As this document is the property of the State in whose name it was issued, it will be returned, following prosecution, to the appropriate authorities.


APPENDIX 10.

UNITED NATIONS LAYOUT KEY FOR TRADE DOCUMENTS

Shipper (Exporter)

Date: Reference No. etc.

Consignee

Other address (e.g. buyer, if other than consignee)

Notify or delivery address

Statements as to countries

Statements as to transportation

Terms of delivery and payment

297 mm (or 11 3/4 inches)

Marks and numbers; number and kind of package; description of goods

Statistical No.

Net quantity

Value

.................................... Measurement

--`,,```,,,,````-`-`,,`,,`,`,,`---

Gross weight

Free disposal

--`,,```,,,,````-`-`,,`,,`,`,,`---

Place and date of issue; signature

210 mm (or 8 1/4 inches)

APP 10-1

ANNEX 9 --`,,```,,,,````-`-`,,`,,`,`,,`---

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--`,,```,,,,````-`-`,,`,,`,`,,`---

APPENDIX 11.

1.

MODEL AIRPORT FACILITATION (FAL) PROGRAMME

PURPOSE OF AN AIRPORT FAL PROGRAMME

3.

ORGANIZATION AND MANAGEMENT

3.1 The recommended vehicle to conduct the facilitation programme at the operational level is the Airport Facilitation Committee. Although such committees should be encouraged by the National FAL Committee and keep it informed of their problems and progress, they are not necessarily supervised by the national body. Their principal concern is day-to-day problem-solving and implementation of Annex 9.

The purpose of an airport FAL programme is to pursue the objectives of Annex 9 at the operational level, to facilitate the completion of border clearance formalities at the airport with respect to aircraft, crews, passengers and cargo.

2. SCOPE OF AN AIRPORT FAL PROGRAMME

3.2 It is recommended that the airport manager take charge of the committee and convene regular meetings. Membership should consist of the senior officers in charge of their respective inspection agencies at the airport, e.g. customs, immigration, health, quarantine, etc., as well as the station managers of the aircraft operators with international operations at the airport concerned. The participation of all parties is necessary to make the airport FAL programme a success.

The airport FAL programme encompasses all of the provisions of Annex 9 concerning border clearance processes at the airport, as well as the planning for and management of those processes. A representative list of tasks to be performed and the Standard(s) or Recommended Practice(s) (SARPs) applicable to each one are provided in the table below.

Annex 9 (12th Edition) SARPs

Airport FAL programme task

--`,,```,,,,````-`-`,,`,,`,`,,`---

Establish, review and amend, as necessary, procedures for entry and clearance of flights at the airport concerned.

Standards 6.1.1, 8.16

Review regularly all parties’ performance with respect to meeting the 45-minute goal for processing inbound passengers and the 60-minute goal for processing outbound passengers. Use time studies and queue analysis to determine where adjustments should be made.

Recommended Practices 3.36 and 3.39

Establish modern systems for immigration and customs inspection, using applicable technology. Collaborate in setting up automated passenger clearance systems.

Standards 3.40, 3.51 and 6.26

Make necessary changes in traffic flows and checkpoints in the airport to cope with rising traffic volumes.

Standard 6.3

Improve the quality and quantity of signage in the inspection facilities in order to reduce customer confusion.

Recommended Practices 6.9 and 6.12.1

Review staffing of inspection stations – work shifts, overtime, etc. – and seek adjustments to meet traffic demands.

Recommended Practice 6.3.1

Provide input on behalf of resident aircraft operators and inspection agencies to the design of new airports or new inspection facilities.

Standards 6.2, 6.7 and 6.57

Monitor and improve delivery of baggage to the customs inspection area.

Standard 6.28

Bring to the attention of appropriate authorities any service problems related to currency exchange. Recommend installation of ATMs in the arrivals area.

Standards 6.63, 6.64 and 6.65

Coordinate facilitation, narcotics control, aviation security and dangerous goods handling procedures so that the objectives of all four programmes are met.

Standard 8.19

Do not forget cargo! Coordinate the activities and requirements of the various inspection agencies in order to assure prompt clearance and delivery of air cargo shipments. Provide adequate facilities for loading/unloading and for secure storage of cargo while awaiting customs clearance.

Standard 4.25; Recommended Practices 4.28 and 4.29 and 6.38 to 6.50 incl.

Set up and maintain electronic systems for cargo manifesting, customs clearance, and delivery.

Standards 4.15 and 4.4

ANNEX 9

APP 11-1

15/7/07 24/11/05 No. 20

Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

Not for Resale


Annex 9 — Facilitation

Appendix 11 Annex 9 (12th Edition) SARPs

Airport FAL programme task

Recommended Practices 4.28 and 4.29

Review inspection agency staffing of cargo clearance area – work shifts, overtime, etc. – and seek adjustments to meet customer needs.

Standard 6.60.1

--`,,```,,,,````-`-`,,`,,`,`,,`----`,,```,,,,````-`-`,,`,,`,`,,`---

--`,,```,,,,````-`-`,,`,,`,`,,`---

Customer service: Review regularly all parties’ performance with respect to meeting the 3-hour goal for completion of inspection formalities and make adjustments where necessary and feasible.

24/11/05

Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

APP 11-2

Not for Resale


1.

MODEL NATIONAL FAL PROGRAMME

PURPOSE OF A NATIONAL FAL PROGRAMME

3.3 Other entities which may play an advisory role include the governmental agencies or non-governmental organizations which promote international tourism and trade.

The purpose of a National FAL Programme is to implement the Chicago Convention mandate that Contracting States provide for and facilitate the border-crossing formalities that must be accomplished with respect to aircraft engaged in international operations and their passengers, crews and cargo.

2.

SCOPE OF A NATIONAL FAL PROGRAMME

The applicable articles of the Chicago Convention and the tasks involved in implementing each one are presented in the table below. Activities aimed at accomplishing these and related tasks in a State constitute the National FAL Programme.1

3.

ORGANIZATION AND MANAGEMENT

3.1 The primary responsibility for the National FAL Programme rests with the Civil Aviation Authority (CAA) and/or the Ministry of Transport. However, success of the programme requires the active participation of other ministries or agencies, such as: Customs Foreign Affairs Agriculture/environment Security and narcotics control Tourism Immigration

Passport/visa issuing authorities Public Health Identification card issuing authorities Quarantine

3.4 The recommended vehicle for carrying out the National FAL Programme is the National FAL Committee, which is composed of the heads of the government agencies involved and the chief executive officers of the national organizations representing the aircraft operators and airport operators. The chairman should be a top-management official in the CAA or an appropriate authority. In order to sustain a close link between the national FAL committee and the national aviation security committee, appropriate members from the national aviation security committee may also be members of the national FAL committee and vice-versa. 3.5 For the purpose of carrying out the work of the committee, the members may designate one or more middlemanagement persons in their respective organizations to represent them in meetings at the staff level (working groups). These officials should be given sufficient authority to speak on behalf of their respective organizations and to initiate necessary action in support of the committee’s work. The chairman should designate a middle-management official in his department or agency to chair and convene the staff-level meetings. 3.6 The decision to convene meetings of the National FAL Committee or the members’ designated representatives, and the frequency and venue of such meetings, are matters of the chairman’s discretion. Working arrangements for accomplishment of the various implementing tasks would depend on the nature of the task and the issue at hand.

4. 3.2 In addition, the active participation of airport operators (public or private) and resident international aircraft operators or their representative organizations is essential.

1. A group of smaller States with similar needs and goals may decide to establish a sub-regional FAL programme in the interest of achieving economies of scale.

--`,,```,,,,````-`-`,,`,,`,`,,`---

It is advisable that the authority for a National FAL Programme and the membership of the National FAL Committee be established through legislation, regulation, or executive action from an authorized person, in order to ensure the participation of the various agencies and industry groups involved and to make provision for continuity. The Director General of Civil Aviation (DGCA) or appropriate authority should initiate the process to obtain such a mandate through the national political system.

APP 12-1

ANNEX 9 --`,,```,,,,````-`-`,,`,,`,`,,`---

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ESTABLISHMENT OF A NATIONAL FAL PROGRAMME

Not for Resale

24/11/05

--`,,```,,,,````-`-`,,`,,`,`,,`---

APPENDIX 12.


Annex 9 — Facilitation

Appendix 12

Chicago Convention mandate

Implementing tasks

Article 10 – Landing at customs airport ... every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. ...

— Establish customs airports and open new ones as appropriate. — Develop procedures by which operators of scheduled and non-scheduled services may request permission to land or depart from customs airports. — Arrange for border inspection services at customs airports.

Article 13 – Entry and clearance regulations The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.

— Support the interested border control agencies in the establishment and maintenance of effective inspection systems at airports, and in their efforts to rationalize their respective procedures. — Develop programmes for control of security problems such as document fraud, illegal migration and smuggling. — Coordinate preparations for clearing large numbers of international visitors for special events, e.g. international athletics competitions.

--`,,```,,,,````-`-`,,`,,`,`,,`---

— Establish, review and amend as necessary the national policies regarding prevention of the spread of contagious diseases by air, for example, aircraft disinsection, disinfection, public health-related quarantine programmes, and screening measures to be applied in a health emergency.

Article 22 – Facilitation of formalities Each contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance.

— Establish, review and amend as necessary the national regulations which implement the State’s customs, immigration and quarantine laws pertaining to international movements by air.

Article 23 – Customs and immigration procedures Each contracting States undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. ...

— Establish and amend as appropriate, customs and immigration procedures carried out at airports, to harmonize them with the standards and recommended practices set forth in Annex 9.

Article 37 – Adoption of international standards and procedures Each contracting State undertakes to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. ... (j) Customs and immigration procedures ...

— Participate in ICAO development of Annex 9.

Article 38 – Departures from international standards and procedures Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established in the international standard. ...

— Periodically review conformity by all relevant agencies with the provisions of Annex 9 and notify ICAO of differences between national practices and the relevant standards.

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Article 14 – Prevention of spread of disease Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time decide to designate, ...

15/7/07 24/11/05

— Support and advocate the national issuance of passports and other travel documents in accordance with ICAO specifications in Doc 9303 – Machine Readable Travel Documents.

— Review national procedures periodically in order to ensure harmonization with the provisions of Annex 9.

APP 12-2

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APPENDIX 13.

PUBLIC HEALTH PASSENGER LOCATOR CARD

PUBLIC HEALTH PASSENGER LOCATOR CARD

Public Health Passenger Locator Card to be completed when public health authorities suspect the presence of a communicable disease. The information you provide will assist the public health authorities to manage the public health event by enabling them to trace passengers who may have been exposed to communicable disease. The information is intended to be held by the public health authorities in accordance with applicable law and to be used only for public health purposes. Flight Information 1. Airline and Flight Number

2. Date of arrival

Airline

DD

Flight Number

MM

3. Seat Number where you actually sat on the aircraft YYYY

Personal Information 4. Name Given Name(s)

Family Name Your Current Home Address (including country)

State/Province

Street Name and Number

City

Country

ZIP/Postal Code

Your Contact Phone Number (Residential or Business or Mobile) Country code

Area code

Phone Number

E-mail address Issuing Country/Organization

Pasport or Travel Document Number

Contact Information 5. Address and phone number where you can be contacted during your stay or, if visiting many places, your cell phone and initial address Street Name and Number

City

State/Province

Country

ZIP/Postal Code

Telephone Number (including country code) or mobile phone number

6. Contact information for the person who will best know where you are for the next 31 days, in case of emergency or to provide critical health information to you. Please provide the name of a close personal contact or a work contact. This must NOT be you. a. Name Family Name b. Telephone Number E-mail address

Phone Number

Street Name and Number

City

Country

ZIP/Postal Code

7. Are you traveling with anyone else?

State/Province

YES/NO Circle appropriate response. If so, who?

(name of Individual(s) or Group)

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Country Code Area Code c. Address

Given Name(s)

— END — APP 13-1

ANNEX 9

15/7/07 24/11/05 No. 20

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5


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Š ICAO 2005 8/05, E/P1/2050 Order No. AN 9 Printed in ICAO

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21/8/07

Transmittal Note

SUPPLEMENT TO ANNEX 9 — FACILITATION (Twelfth Edition)

1.

The attached Supplement supersedes all previous Supplements to Annex 9 and includes differences notified by Contracting States up to 31 July 2007 with respect to all amendments up to and including Amendment 19.

2.

The Supplement should be inserted at the end of Annex 9, Twelfth Edition. Additional differences received from Contracting States will be issued at intervals as amendments to this Supplement.

_____________________

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SUPPLEMENT TO ANNEX 9 — TWELFTH EDITION

FACILITATION Differences between the national regulations and practices of Contracting States and the corresponding International Standards and Recommended Practices contained in Annex 9, as notified to ICAO in accordance with Article 38 of the Convention on International Civil Aviation and the Council’s resolution of 21 November 1950.

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AUGUST 2007

INTERNATIONAL CIVIL AVIATION ORGANIZATION

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(ii)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) RECORD OF AMENDMENTS Date

Entered by

No.

Date

Entered by

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No.

AMENDMENTS TO ANNEX 9 ADOPTED OR APPROVED BY THE COUNCIL SUBSEQUENT TO THE TWELFTH EDITION ISSUED JULY 2005

No.

Date of adoption or approval

Date applicable

No.

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Date applicable


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

(iii)

1. Contracting States which have notified ICAO of differences The Contracting States listed below have notified ICAO of differences which exist between their national regulations and practices and the International Standards and Recommended Practices of Annex 9, Twelfth Edition, up to and including Amendment 19, or have commented on implementation. The page numbers shown for each State and the dates of publication of those pages correspond to the actual pages in this Supplement.

State

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Australia Austria Belgium Brazil Canada China China (Hong Kong SAR) Cuba Czech Republic Denmark Ethiopia Finland Germany Japan Netherlands New Zealand Republic of Korea Russian Federation Serbia Sweden Switzerland Thailand United Kingdom United States

Date of notification

Pages in supplement

Date of publication

6/12/05 21/10/05 21/10/05 24/10/05 27/10/05 14/10/05 24/10/05 16/12/05 21/10/05 11/10/05 25/10/05 10/10/05 21/10/05 31/10/05 12/12/05 22/12/05 21/10/05 15/8/05 5/10/05 24/10/05 24/10/05 19/10/05 17/10/05 27/1/06

1-2 1-2 1-3 1-2 1-2 1-2 1-2 1 1 1-2 1 1-3 1-2 1-3 1-2 1 1-2 1-2 1 1-2 1 1-2 1-4 1-2

21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07 21/8/07

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(iv)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

2. Contracting States which have notified ICAO that no differences exist

State Argentina Bahrain Comoros Estonia Ireland Lithuania

Date of notification 4/11/05 25/7/05 20/9/05 7/7/05 1/11/05 15/6/05

Date of notification

State Oman Saudi Arabia Slovakia United Arab Emirates Uruguay Venezuela

19/7/05 23/8/05 11/10/05 19/10/05 27/9/05 25/10/05

Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Armenia Azerbaijan Bahamas Bangladesh Barbados Belarus Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Cape Verde Central African Republic Chad Chile Colombia Congo Cook Islands Costa Rica Cote d’Ivoire Croatia Cyprus Democratic People’s Republic of Korea

Democratic Republic of the Congo Djibouti Dominican Republic Ecuador Egypt Equatorial Guinea El Salvador Eritrea Fiji France Gabon Gambia Georgia Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland India Indonesia Iran (Islamic Republic of) Iraq Israel Italy Jamaica Jordan Kazakhstan Kenya Kiribati Kuwait

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Kyrgyzstan Lao People’s Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia (Federated States of) Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nauru Nepal Nicaragua Niger Nigeria Norway Pakistan Palau Panama Papua New Guinea Paraguay

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3. Contracting States from which no information has been received


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Peru Philippines Poland Portugal Qatar Republic of Moldova Romania Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Senegal Seychelles

(v)

Sierra Leone Singapore Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Syrian Arab Republic Tajikistan The former Yugoslav Republic of Macedonia Timor-Leste

Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Republic of Tanzania Uzbekistan Vanuatu Viet Nam Yemen Zambia Zimbabwe

4. Paragraphs with respect to which differences have been notified Differences notified by

Paragraph

Chapter 1 2.13 Definitions 1.5

Brazil Russian Federation China (Hong Kong SAR)

2.15 2.19

Chapter 2 2.4 2.7 2.9 2.10

2.10.1

2.12

Republic of Korea Thailand United States Brazil China (Hong Kong SAR) Finland Japan Republic of Korea Russian Federation Thailand China (Hong Kong SAR) Finland Japan Republic of Korea Russian Federation United Kingdom Denmark Finland Japan Republic of Korea

2.21 2.24 2.27 2.29 2.30 2.31 2.32

2.34

2.35 2.36

2.37

Differences notified by United Kingdom Canada China (Hong Kong SAR) Russian Federation Republic of Korea Belgium Finland Germany Sweden United Kingdom United States Finland Australia Australia Republic of Korea Australia Finland Canada Finland Russian Federation Canada Finland Russian Federation Russian Federation Canada Russian Federation United States Canada

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Paragraph

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Paragraph

2.38 2.40 2.41

2.42 2.43

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Differences notified by Russian Federation Serbia China (Hong Kong SAR) Russian Federation Russian Federation Finland Russian Federation Sweden Russian Federation Brazil Czech Republic Denmark Japan Russian Federation Thailand

Paragraph 3.16 3.17 3.18 3.19 3.21

3.23

3.24 Chapter 3 3.1 3.4 3.5 3.6 3.9 3.10

3.10.1 3.11

3.12

3.14.1 3.15

Austria China Finland Austria Japan United States Republic of Korea Switzerland China (Hong Kong SAR) Denmark Japan Finland Japan Austria Brazil Cuba Japan Serbia Brazil Czech Republic Finland Japan Sweden United States Denmark United States Austria China Czech Republic Finland Serbia

3.25 3.26

3.27

3.29

3.30 3.32 3.34 3.36 3.38

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Differences notified by Denmark Japan Russian Federation Thailand Austria Russian Federation Australia Japan New Zealand Belgium Canada Denmark Finland Japan Serbia Austria Belgium Brazil Canada China (Hong Kong SAR) Denmark Ethiopia Finland Japan Brazil Japan Australia Brazil Japan New Zealand Thailand United Kingdom Australia China (Hong Kong SAR) Denmark Japan Republic of Korea Japan Republic of Korea Thailand United Kingdom Sweden Switzerland Republic of Korea Austria Belgium Brazil Finland Germany

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(vi)


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

3.39 3.43 3.44

3.45 3.46 3.47

3.47.1

3.47.2

3.47.3 3.49 3.50

3.51 3.52

3.53 3.57 3.58

3.59

3.60

Differences notified by United Kingdom Austria Russian Federation Canada Canada Japan United Kingdom Canada Japan China Republic of Korea Denmark Netherlands Serbia Switzerland Netherlands United Kingdom United States Australia Thailand United Kingdom China Thailand Canada United States Australia Canada New Zealand Republic of Korea Russian Federation China (Hong Kong SAR) Austria Netherlands Thailand United Kingdom Austria Republic of Korea Australia Belgium Finland Netherlands Austria Canada Denmark Austria Finland Russian Federation Thailand United Kingdom

Paragraph 3.61 3.66 3.67

3.68

3.68.1 3.69 3.69.1 3.71

3.71.1

3.72 3.73

3.74

3.75

3.76

Differences notified by Canada Netherlands Australia Sweden United Kingdom Belgium Finland Republic of Korea Serbia Thailand United Kingdom United Kingdom Republic of Korea Australia Australia China China (Hong Kong SAR) Cuba Netherlands New Zealand Russian Federation Switzerland United States Australia China Netherlands Russian Federation Switzerland Thailand United Kingdom United States United Kingdom United States China Finland United Kingdom United States Finland Serbia Sweden Thailand United States Finland Sweden United Kingdom Finland Netherlands United Kingdom United States

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Paragraph

(vii)

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(viii)

Paragraph

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Differences notified by

Paragraph

Chapter 4 4.2

4.3

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4.7 4.8 4.13

4.16 4.20

4.22

4.24

4.27

4.29

4.30

Austria Belgium Canada Finland Germany United Kingdom Belgium Finland Germany Sweden United Kingdom Russian Federation China (Hong Kong SAR) Russian Federation Belgium Germany Sweden United Kingdom United States Germany Austria Belgium Germany Republic of Korea Serbia Sweden United Kingdom Belgium Finland Germany Sweden United Kingdom Belgium Finland Germany United Kingdom Belgium China (Hong Kong SAR) Finland Germany Sweden United Kingdom Belgium Finland Germany United Kingdom Belgium

4.31 4.32 4.33 4.34

4.35 4.36 4.37 4.38 4.39

4.40 4.41 4.42 4.43 4.49 4.51

Finland Germany United Kingdom New Zealand Sweden Republic of Korea China (Hong Kong SAR) Republic of Korea Belgium Finland Germany Sweden United Kingdom United States China (Hong Kong SAR) New Zealand China (Hong Kong SAR) China (Hong Kong SAR) Austria China (Hong Kong SAR) Canada China (Hong Kong SAR) New Zealand China (Hong Kong SAR) China (Hong Kong SAR) China (Hong Kong SAR) New Zealand China (Hong Kong SAR) China (Hong Kong SAR) Sweden

Chapter 5 5.4 5.5 5.6 5.7 5.8 5.9 5.9.1

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Canada United Kingdom Australia Australia Republic of Korea Republic of Korea China (Hong Kong SAR) Japan Republic of Korea Belgium China Finland Japan Netherlands Republic of Korea Russian Federation Switzerland


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

Paragraph

5.11

5.12 5.13 5.14

5.15 5.18

5.19

5.20 5.21 5.22 5.26

5.27

5.29

Differences notified by Thailand United Kingdom United States China China (Hong Kong SAR) Finland United Kingdom China Republic of Korea Australia Brazil Canada China China (Hong Kong SAR) Netherlands Russian Federation Thailand United Kingdom Republic of Korea United States China Finland Japan Republic of Korea Thailand Belgium China China (Hong Kong SAR) Japan Republic of Korea Republic of Korea Japan Cuba Brazil China United Kingdom Brazil China (Hong Kong SAR) United Kingdom Brazil Cuba

Chapter 6 6.9 6.9.1 6.23 6.24 6.32

Russian Federation Russian Federation Republic of Korea Russian Federation Belgium

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(ix)

Paragraph

6.34 6.37 6.49 6.58 6.60 6.60.1

6.62 6.70 6.71

Differences notified by Denmark Finland Netherlands Republic of Korea United States United States United Kingdom United Kingdom United Kingdom United Kingdom Australia Republic of Korea Thailand Japan Russian Federation Austria Austria

Chapter 7 7.3.3

Finland

Chapter 8 8.1 8.3 8.3.1 8.3.2

8.4 8.12 8.13 8.17

8.18 8.19

8.20 8.21 8.39 8.41 8.42 8.43 Appendix 11

Canada Canada Japan Brazil Japan United States Canada Australia Australia Austria Belgium Serbia Sweden Sweden Netherlands Serbia United Kingdom United Kingdom United Kingdom Netherlands Netherlands Netherlands Netherlands Russian Federation

21/8/07

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

AUSTRALIA 1

CHAPTER 2 2.24

Aircraft cabins should be treated by top-of-descent, pre-embarkation or residual disinsection in accordance with the administrative requirements of the Australian Quarantine and Inspection Service.

2.27

The content and form of the disinsection certificates required by Australia differ from those set forth in provision 2.27.

2.30

If considered necessary by the Australian Quarantine and Inspection Service, all or any part of the aircraft and the contents may be treated by disinfection and/or disinsection, after the aircraft lands at its first port of call in Australia.

CHAPTER 3 3.21*

All non-citizen permanent residents are required to hold a valid visa.

3.26*

Australia requires all travellers to complete an Incoming and Outgoing passenger card on each arrival and departure.

3.27

The content and form of the Australian Incoming and Outgoing passenger cards differ from Appendix 5.

3.47.2*

This would be subject to contractors notifying the Australian authorities of any known systems failure in advance of the departure of affected flights.

3.50

An Incoming Passenger Card is to be completed by passengers on arrival. A written declaration on Australian Customs Form B465 is required in respect of goods in the possession of crew members.

3.58

Australia’s direct transit policy limits the amount of time to be spent in transit facilities to up to eight hours for some countries.

3.67

The Australian government does not provide crew member certificate (CMC) facilities.

3.69.1*

Australia requires all crew to electronically register details with a Crew Travel Authority. This information is stored in a secure database.

3.71

The Australian Government maintains a universal, non-discriminatory, computerised visa system that requires all non-Australian citizens, including those who have lawful permanent residence permits, to hold a visa before travelling to Australia.

3.71.1*

The Australian Government maintains a universal, non-discriminatory, computerised visa system that requires all non-Australian citizens, including those who have lawful permanent residence permits, to hold a visa before travelling to Australia.

* Recommended Practice

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2 AUSTRALIA

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 5 5.5 5.6

The reference to “removal order� has no bearing on the process of removing a person from Australia as one is not required by law. However, as a matter of administrative practice a notice is given to the operator before a person is removed. Australia therefore registers a difference. Proof of negligence is not an element of defence in Australian immigration law when a carrier brings an undocumented person to Australia. In practice, however, prosecution of services of an infringement notice is not initiated if the carrier was not negligent.

CHAPTER 6 6.60.1

Australia is not a signatory to the International Health Regulations. Australia complies with the International Health Regulations wherever possible.

CHAPTER 8 8.12 8.13

Australia is not a signatory to the International Health Regulations. Australia complies with the International Health Regulations wherever possible

_____________________

* Recommended Practice

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5.14


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

AUSTRIA 1

CHAPTER 3 3.1 3.5

Austria conforms with the provisions of the European Community.

3.11*

When issuing visas, Austria applies the provisions of the European Community.

3.15

The principle of “one person – one passport” is not fully implemented in Austria. According to Austrian law, children under the age of 12 can be registered in the passport of a parent upon request. In this respect, Austria would like to point out that this issue will be discussed and resolved in the first half of 2006 at the European-wide level.

3.19*

Austria conforms with the provisions of the European Community.

3.24

Not fully implemented.

3.36* 3.39*

Austria appreciates the aim of this Recommended Practice, but according to the provisions of the European Community and the Schengen agreement, a longer timeframe has to be accepted under some circumstances.

3.52*

Austria conforms with the provisions of the European Community and the Schengen Agreement.

3.53*

Not implemented as Austria conforms with the provisions of the European Community.

3.59

Austria conforms with the provisions of the European Community and the Schengen Agreement.

3.60

Austria conforms with the provisions of the European Community and the Schengen Agreement. A solution is currently being developed for the main airport in Austria.

CHAPTER 4 4.2*

In case of a surface transport the air waybill cannot be applied as a customs transit document. The computerized transit procedure (NCTS) has to be applied.

4.20

The exporter has to present normally an export declaration including all the data required in the EU-Customs Code Implementing Provisions. An authorization from customs is required for the use of a simplified customs export declaration.

4.38*

In the EU Customs Union a stop at two or more international airports within this customs territory is not allowed for the sale or use of commissary supplies and stores onboard for consumption without payment of import duties and other taxes in the case where aircraft engaged in international flights.

CHAPTER 6 6.70* 6.71*

Not implemented in Austria.

* Recommended Practice

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2 AUSTRIA

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 8 8.17

No national facilitation programmes are established in Austria. However, information is distributed by email, and meetings on a bilateral ad-hoc basis take place under the chairmanship of the Ministry of Transport.

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_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

BELGIUM 1

CHAPTER 2 2.19

General customs supervision should at all times be possible; such supervision may include a document check (see Article 13 of the Community Customs Code).

CHAPTER 3 3.23*

Personal appearance at the visa issuing office is normally required (Schengen practice).

3.24

Visa is issued on the basis of the need of the applicant and according to the consideration of the authorities. Visa can for this reason be issued for a period less than 6 months. (Standard 3.24 is regarded to be against the Schengen Agreement.)

3.38

Disapproval for this standard if it should be interpreted as prohibiting export controls. (Community Customs Code.)

3.58

Transit without visa (TWOV) is not possible if one of the next destinations or transit points is a Schengen country for which a visa is required, because the passenger is entering the Schengen territory, which is a borderless territory. Consequently those nationals of States who require a visa for one or more or all Schengen States to which they are ticketed need a visa at all times. (Schengen Agreement.)

3.68*

The Belgian Crew Member Certificate is not machine readable and is not issued in accordance with the specifications in Doc. 9303, Part 3 – Size 1 and Size 2 Machine Readable Official Travel Documents.

CHAPTER 4 4.2*

This could be contrary to the Community customs legislation. The Community Customs code does not foresee a guarantee waiver for transport by road (including airfreight by road); however, provisions to authorize a reduction of the guarantee level exist.

4.3

Consultation with operators and other parties concerned is not, in every case, compulsory. However, in order to improve in particular the quality and the effectiveness of new regulations and of amendments to existing rules, close cooperation and consultation with the said operators is generally sought. (Community Customs legislation.)

4.13

This provision is correct in as far as it concerns customs matters for which the “declarant” is the relevant person. With regard to other policies (such as phyto-sanitary measures etc.), the person responsible for the information concerned may be a person other than the declarant. (Community Customs legislation.)

4.20

The provision is correct. Nevertheless, it should be noted that in the Community, a wide range of different simplified customs procedures are in practice available for operators as regards export (incomplete declarations, simplified declarations, local clearance procedure) (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. The authorization is based on general criteria (possibility to guarantee

* Recommended Practice

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2 BELGIUM

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) effective checks, for example). Depending on the simplified procedure used, the declarant must provide the Customs authorities or make available to them all the required documents, the production of which is required for application of the provisions governing export of goods. (Community Customs legislation.) This Standard, and in particular the words “at any customs office”, is not in conformity with Article 161 § 5 of the Community Customs Code which provides that the export declaration must be lodged where the goods are packed or where the exporter is established.

4.24*

This Recommended Practice is not implemented. Implementation would seriously frustrate control by public authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security. (Community Customs legislation.)

4.27

Currently, no Community provision determines in which cases the use of simplified arrangements is obligatory or must be granted to the operators. In the Community, a wide range of simplified procedures (incomplete declarations, simplified declarations, local clearance procedure) are available to operators (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. (Community Customs legislation.)

4.29*

While the customs release the goods as quickly as possible, customs authorities are not always the only authorities involved in the clearance procedure. Therefore, they cannot undertake to release all goods within three hours of their arrival. Nevertheless, it should be noted that one of the objectives of customs aims at performing checks and release within the shortest possible time limit. (Community Customs legislation.)

4.30*

This recommended practice is acceptable in as far as the Contracting States have a common interpretation of the term “part consignment”. All goods covered by a same declaration shall be released at the same time, on the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration. (Article 73(2) of the Community Customs Code.)

--`,,```,,,,````-`-`,,`,,`,`,,`---

4.22

4.34

Export and transit licences remain applicable, in certain cases, when the goods are redirected to another destination (weapons, dual-use goods, precursors, etc.). (National and Community Legislation.)

CHAPTER 5 5.9.1

The operator is responsible for the cost of custody and care if a person is found inadmissible on any ground and the operator refuses to remove this person. (Art. 74.4 of the law of 15 December 1980.)

5.19

The 24-hour deadline is too stringent because it is impossible to meet in some cases, especially in the case of emergency deportations. This is only possible for so far as a seat is available and no resistance of the deportee is expected.

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

BELGIUM 3

CHAPTER 6 6.32*

Transit without visa (TWOV) is not possible if one of the next destinations or transit points is a Schengen country for which a visa is required, because the passenger is entering the Schengen territory, which is a borderless territory. Consequently those nationals of States who require a visa for one or more or all Schengen States to which they are ticketed need a visa at all times. (Schengen Agreement.)

CHAPTER 8 8.17

No national programmes are established in Belgium. However, information is distributed by email, and meetings on a bilateral ad-hoc basis take place under the chairmanship of the Civil Aviation Authority.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

BRAZIL 1

CHAPTER 1 Definitions

Visitor. In Brazil, the activity “study” will continue to be included in the set of legitimate nonimmigrant purposes listed in this definition

CHAPTER 2 2.10

Brazil will continue to require the presentation of a General Declaration.

2.43*

For the clearance of general aviation aircraft and their loads, the participation of more than one government inspection agency is required.

CHAPTER 3 3.11*

Brazil does not issue identity documents or visas accepted for travel purposes in machine-readable form yet, as specified in Doc 9303 (series).

3.12

Not implemented. (In 2006, Brazil will begin issuing Machine-Readable Passports which will conform to the specifications set forth in Doc 9303, Part 1, Machine-Readable Passports.)

3.24

Visas are valid for three months, from the date of issuance.

3.25*

Brazil does not issue visas in the format specified for the “visual zone” in Doc 9303, Part 2.

3.26*

Brazil will continue to require information in writing supplementary to that presented in the identity documents on the embarkation/disembarkation card (E/D Card), for entry/departure control purpose. Foreign passenger and/or crew member shall hand the E/D Card to the immigration official upon entry.

3.38

Brazilian customs authorities might require, as necessary, a written declaration of baggage from passengers and crew upon arrival.

CHAPTER 5 5.14

The Brazilian Immigration authority may fine aircraft operators in cases where persons are found to be improperly documented upon arrival.

5.26

Brazilian emission of passports is regulated by the Travel Statute which was established by the Decree # 1.983/1996. According to this piece of legislation, under article 19, the request of passport shall be made in a specific application form, which will be signed by the party concerned. Being the party legally incapable of signing it, the form should be signed by his legal representative. The passport cannot be issued at the request of a third party. (The provision mentioned in the Standard does not comply with the Brazilian legislation concerning travel documents.)

* Recommended Practice

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2 BRAZIL

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

5.27

According to Brazilian legislation, the signing of the form and the travel document by the applicant or his legal representative is indispensable. In the lack of such signature, the passport will not be granted. (The provision mentioned in the Standard does not comply with the Brazilian legislation concerning travel documents.)

5.29

The Brazilian government shall not refuse to grant a travel document to any of its nationals so long as the request is made by the national himself through the signed application. (The provision mentioned in the Standard does not comply with the Brazilian legislation concerning travel documents.)

CHAPTER 8 8.3.2*

Brazilian legislation does not require entrance visas for search and rescue and aircraft accident investigation personnel. At the discretion of the immigration authority a “conditional disembarkation� will be allowed on a case-by-case basis.

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_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CANADA 1

CHAPTER 2 2.13

Canadian customs regulations require that all air carriers report cargo either on an IATA standard format air waybill or the official national customs cargo control document.

2.32

Operators of commercial non-scheduled (charter) flights must either notify and/or seek prior authorization from the Canadian Transportation Agency. Flight authorization must also be sought from Transport Canada.

2.34

It is the air carrier’s responsibility to provide border inspection agencies notice of intended landing.

2.36

A fee of CDN $100 is payable when an operator makes the required application for flight authority validation.

2.37*

Canada also requires notification of dangerous goods and agricultural products when applying for a flight authorization. In the case of foreign state aircraft, the Minister of Transport may request a copy of the equivalent operations specification(s) issued by the regulating authority, and any other document the Minister deems necessary to ensure that the intended operation will be conducted safely.

CHAPTER 3 3.23*

Canada reserves the right to require visitor visa applicants to appear at a Canadian Consulate for an interview.

3.24

Some visitors may be issued single entry visas valid for less than six months.

3.43 3.44*

In Canada, the aircraft operator is required to be present and hold disembarking passengers and crew until the examination has ended.

3.45

Canada may require an operator to transport a crew member from Canada even if the crew member was legally authorized to enter.

3.49

Most passengers are authorized to enter Canada following a single examination. Some passengers are sent for a secondary examination, in which case they will be required to present their identifying documents again. Canada reserves the right to examine identity documents at any time following arrival until the passenger exits the airport.

3.50

The Canada Border Services Agency requires a written declaration of any goods acquired abroad or purchased in a Canadian duty-free shop that are contained in baggage whether or not they are dutiable or restricted.

3.59

Canada allows persons to transit without a visa where a carrier has a memorandum of understanding (MOU) to allow foreign nationals from specific countries to transit Canada. Where no MOU exists, passengers from countries requiring a visa need to obtain a visa in order to transit through Canada. One exception is refuelling stops, providing certain conditions are met. There is no fee for transit visas.

* Recommended Practice

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2 CANADA 3.61

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) If mishandled baggage includes baggage which was delivered to the owner and not reported to customs by the air carrier, national legislation in Canada provides for the assessment of penalties in such cases.

CHAPTER 4 4.2*

Although the regulations pertaining to both air and surface transportation are the same, the procedures differ. As an example, air freight that travels solely by air may be reported to Customs at the airport of final destination. Freight that is covered by an air waybill but is trucked across the border must be reported to Customs at the border crossing before it can be moved to the airport of destination.

4.39*

Machinery and equipment imported into Canada for use exclusively in servicing aircraft registered in a foreign country while at international airports in Canada are duty free provided the foreign country in which the aircraft is registered grants a similar privilege to aircraft registered in Canada. Goods and Services tax is payable on the value of the equipment.

CHAPTER 5 5.4*

The timeframe that the aircraft operator must remove the inadmissible person is prescribed by Canadian Legislation.

5.14

An administration fee shall be assessed in respect of each improperly documented passenger.

CHAPTER 8 8.1*

Pursuant to Canadian legislation, operators are required to meet the specific financial security requirements of various statutes. Given these varied requirements, it is not considered practical to have a single bond to cover an operator’s financial liabilities.

8.3

Canada has granted visa and employment authorization waivers to accepted representatives and their advisers who are participants in accident or incident investigations. However, salvage and repair have been excluded from these exemptions.

8.4

There is provision in national legislation for the temporary importation of goods for a search or rescue operation. However, there is no provision which would allow duty or tax free entry of the articles mentioned for the accident investigation, repair or salvage aspects. The goods in this case would be subject to the provisions of the Customs Tariff and Excise Tax Acts.

_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHINA 1

CHAPTER 3 3.4

The Detailed Rules for the Implementation of the Law of the People’s Republic of China on the Control of the Exit and Entry stipulates, in Article 17, that machine readable passports issued by the People’s Republic of China are valid for five years, and they may be extended twice, each time not exceeding five years. At present, amendment to relevant laws is underway, and adjustment will be made once the amendment comes into effect.

3.15

An accompanying person may be added in the passport of its holder under special circumstances.

3.46

As an essential basis for prosecuting and penalizing those who have violated the laws and regulations, fraudulent, falsified or counterfeit travel documents and the travel documents of a person impersonating its rightful holder must be archived, and therefore cannot be returned.

3.47.3

This paragraph does not contain specific requirements for passenger information. A passenger manifest in paper form is not required in China only when the passenger information has met such requirements as timeliness, accuracy and completeness.

3.71

Law of the People’s Republic of China on the Control of the Entry and Exit of Aliens stipulates, in Article 6, that for entry into China, aliens shall apply for visas, and the entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements. Therefore, whether foreign crew members enjoy waiver of visas is determined in light of agreement on mutual exemption of visas for flight crew.

3.71.1*

Under the current visa regulations of China, crew members of other States, except those that have concluded bilateral agreements with China on mutual exemption of visas, shall apply for visas for entry into the territory of China.

3.73*

Under the current visa regulations of China, flight operations and cabin safety inspectors of all States shall apply for visas (except direct transit within 24 hours).

CHAPTER 5

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5.9.1

According to regulations of China, all costs for the exit of inadmissible persons and during their stay in China shall be borne by the operator of the aircraft carrying these persons.

5.11 5.12

To facilitate verification of the removal of inadmissible persons, China has established a time requirement for their removal, by which operators are required to arrange their removal by taking the same flight or the next flight.

5.14

Regulations of the People’s Republic of China on Exit and Entry Frontier Inspection stipulates, in Article 36, that if a vehicle engaged in exit and entry transportation has carried persons inadmissible for exit or entry, its operator shall be fined for an amount above RMB 5 000 and below RMB 10 000 for each such person carried. Therefore, operators of aircraft carrying arriving and in-transit persons improperly documented are fined without exception. Operators are fined an amount commensurate with the severity of their violation of the law, but are not exempted from penalty.

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2 CHINA

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

5.18

The term “all” is too broad in its connotation. According to the provision of Article 44 of the Detailed Rules for the Implementation of the Law of the People’s Republic of China on the Control of the Entry and Exit of Aliens, the expenses of repatriating the aliens who have found employment by illegal means shall be covered by the units and individuals who have employed aliens without authorization. As for other aliens, it is our requirement that the repatriating expenses shall be covered by the aliens themselves or their families; in the event that the aliens themselves or their families cannot cover the expenses and the relevant unit of China is not obligated under any agreement to cover such expenses, these expenses shall be covered by the embassies or consulates of the nationals concerned; in the event that the embassies or consulates refuse to cover such expenses, or there is no embassy or consulate in China, the expenses shall be covered by the Chinese Government.

5.19 b)

There is no risk assessment system in China concerning the removal of deportees. Such information may be provided to the operator after the study on the risk assessment system concerning the removal of deportees is carried out and the system is established.

5.26

It may take more than 30 days in special circumstances to make verifications and issue a travel document or satisfy the requesting State that the person concerned is not one of our nationals.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHINA (HONG KONG SAR) 1

CHAPTER 1 1.5

Pre-arrival lodgement of data is not available for passenger clearance, as Advanced Passenger Information is currently not adopted in China (Hong Kong SAR).

CHAPTER 2 2.10

General Declaration containing the names, nationalities and positions of crew members and the total number of passengers are normally required on the arrival and immediately prior to the departure of the aircraft.

2.10.1

Information on names, nationalities and positions of crew members is required.

2.13

Air cargo reporting requirements are prescribed by local legislation under which no option as proposed is provided for.

2.38

The following documentation is also required for aircraft stopping for non-traffic purpose: (1) Name of handling agent; (2) Noise Certificate of the aircraft to be used; (3) Insurance certificate or equivalent document.

CHAPTER 3 3.10

The existing Seaman’s Identity Book (SIB) is not in the machine-readable format.

3.24

Visas are normally valid for a period of not more than three months from the date of issue.

3.27

The format at Appendix 5 is not adopted. The cards in use are of a different size and format and include additional information relating to address in Hong Kong and signature. The information is required for enforcement of immigration control.

3.51

It is not intended to adopt the dual-channel baggage clearance system.

3.71

Aircrew who are visa nationals, unless exempted, require visa for China (Hong Kong SAR).

4.8

In general, it is not applicable to Hong Kong which is a non-tariff port and the provision of “freezone” is not necessary. Nevertheless, there are warehouses operated by the air cargo terminal operators for the temporary storage of the few items that are subject to excise duty.

4.27

It is not applicable in Hong Kong which is a non-tariff port. Duty is only payable for the four types of dutiable commodities as stipulated in the Dutiable Commodities Ordinance, namely alcoholic liquors, tobacco, hydrocarbon oil and methyl alcohol.

4.33

In the case where cargo, unaccompanied baggage or stores require re-forwarding to correct destination, they will also be subject to the laws and regulations of Hong Kong relating to the control of prohibited articles in addition to the other requirements under this Standard.

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CHAPTER 4


2 CHINA (HONG KONG SAR)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

4.35 4.36 4.37* 4.38* 4.39* 4.40 4.41 4.42 4.43*

It is not applicable in Hong Kong which is a non-tariff port. Duty is only payable for the four types of dutiable commodities as stipulated in the Dutiable Commodities Ordinance, namely alcoholic liquors, tobacco, hydrocarbon oil and methyl alcohol.

4.49

Constrained cargo in Hong Kong can be cleared by customs within 80 minutes upon request. Under such circumstances, it would be unreasonable and inefficient to make alternate arrangements for the storage and/or clearance and/or examination of containers/pallets and their loads at off-airport locations.

CHAPTER 5 5.8

Security escorts will not normally be provided by government officials.

5.11

Legislation now provides for the removal of any persons found inadmissible in Hong Kong to their last port of embarkation, or place of origin, or place of nationality of deportee.

5.14

A fine may be imposed on the owner of the aircraft and his agent if a passenger does not have a valid travel document. The fine may be waived if there is evidence to suggest that this has not been caused by negligence of the carrier.

5.19

The operators are informed before the execution of a Deportation Order of the name of deportee and the flight arrangements.

5.27

The existing travel documents production mechanism requires the applicant to produce an application form with signature appended.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CUBA 1

CHAPTER 3 3.11*

Except for the passport, visas and other travel documents are not machine readable.

3.71

A visa is required for crew members arriving as passengers carried by other operators or by other means of transport to begin their duties as a crew member on ships or aircraft. (Established in Law 1312, the Law on Migration.)

CHAPTER 5 5.22

Nationals who have emigrated require the authorization of the State to be admitted. (Established in Law 1312, the Law on Migration.)

5.29

Every national, resident or not, has the right to a passport or travel document, however emigrants require an Authorization for Entry or a Permit for Final Return. (Established in Law 1312, the Law on Migration.)

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_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CZECH REPUBLIC 1

CHAPTER 2 2.43*

Not applicable. The province of each authority is legally specified and cannot be replaced by each other. All aircraft landing in, or departing from, the Czech territory (to/from abroad) have to make their initial, or final, take-off at an airport with permanent customs and passport services or at an airport where customs and passport services are provided on prior request.

CHAPTER 3 3.12

At the present time the machine readable zone area is blank. The different colour (dark claret) of the cover of the machine readable passport is a sufficient factor for the differentiation.

3.15

The Czech Republic does not require a separate passport for children under fifteen years of age in the case the particulars of the child are recorded in the passport of the parent.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

DENMARK 1

CHAPTER 2 2.12

According to subsection 4 of § 10 of the Aliens Order the police may in special cases direct operators of aircraft arriving from a country that has not acceded to the Schengen Convention, prior to arrival to submit a list of crew members and passengers to the police. The list shall contain information on name (surname, Christian name), date of birth (date, month, year), nationality and travel identity documents, including type and number of passport or other travel identity documents. Further the police may require information on the passengers’ original point of embarking, on the point of crossing the border to Denmark, on the flight number of the aircraft and on times of departure and arrival of the aircraft. The information shall be given on a form prepared by the Commissioner of Police or in any other way determined by the commissioner of Police, including electronic transfer.

2.43*

In Denmark there is a close cooperation between the police and the customs service, but the individual authority is not competent to undertake inspections outside its own competence.

3.10

Group passport and provisional passports are not issued in a machine readable form.

3.14.1*

The fee charged for the issue of a Danish passport is fixed by law. The fee exceeds the actual costs of the operation.

3.16*

Passports for children under the age of two are only issued for a period of two years whereas all other passports meet the recommendations.

3.16* Note 1

In Denmark short-term extensions of machine readable passports are made to a great extent.

3.23*

According to the Schengen regulations applicants for visa shall normally make a personal appearance at the Issuing Office.

3.24

According to § 2 b of the Aliens Act, aliens holding a visa valid for all Schengen countries may enter and stay in Denmark for up to three months per six-month period reckoned from the date of the first entry in Denmark/the Schengen countries.

3.27

The Inter-Nordic passport control area comprising Denmark, Finland, Iceland, Norway and Sweden requires visitors who hold entry visas to complete a special disembarkation card which differs from the ICAO format. Persons who do not need entry visas are not required to fill out disembarkation cards.

3.47*

At present there are no plans generally to implement Advanced Passenger Information (API) in Denmark.

3.59

A transit visa is required prior to arrival in the country from transit passengers obliged to possess a visa.

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CHAPTER 3


2 DENMARK

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 6 6.32*

The passports of passengers arriving to or departing from the Schengen area will be checked at the first aerodrome of arrival or, alternatively, departure. Further, passengers in transit may be subjected to customs check of hand baggage when first arriving to the EU.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

ETHIOPIA 1

CHAPTER 3 3.24

Our national legislation differs from this provision under which an entry visa is to be valid for use within a period of six months from the date of issuance regardless of the number of entries. (Under Ethiopian legislation, the types of visas to be issued to prospective visitors are categorized under three different classes with their own validity period.)

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

FINLAND 1

CHAPTER 2 A General Declaration is not normally required but the pilot-in-command or the owner or the bearer of the vehicle or his representative has to submit to the authorities responsible for carrying out checks on persons at external borders passenger and crew lists containing the following information: last name, first name, date of birth, sex and nationality of each person on board, nationality and register number of the aircraft, port of entry and departure of the aircraft. Obligation for carriers to transmit at the request of the authorities responsible for carrying out checks on persons at external borders, by the end of check-in, information concerning the passengers they will carry to an authorized port of entry through which these persons will enter the territory of an EU Member States. The information referred to above shall comprise: (a) the number and type of the travel document used; (b) nationality; (c) full names; (d) the date of birth; (e) the port of entry into the territory of the Member States; (f) code of the transportation; (g) total number of passengers carried on that transport; and (i) the initial point of embarkation. (Act on Handling of Personal Data in the Border Guard, sections 19 and 20 (579/2005). Section 20 is the implementation of Council Directive 2004/82/EC April 29 on the obligation of carriers to communicate passenger data.) 2.19

General Customs supervision is at all times possible; such supervision may include a document check. (Article 13 of the Community Customs Code.)

2.21

A fine can follow if the passenger and crew lists are not submitted. (Act on Handling of Personal Data in the Border Guard (579/2005), sections 19, 20 and 21 as well as Aliens Act (301/2004), sections 173, 179 and 185.)

2.31

Requirement concerning passenger and crew lists is not yet published in Aeronautical Information Publications (AIPs).

2.32 2.34

There is no single agency to receive and coordinate different notices or permission applications.

2.41

The data requested by the authorities responsible for carrying out checks on persons at external borders has to be submitted by electronic or some other means immediately after the check-in closes. (Act on Handling of Personal Data in the Border Guard (579/2005) section 20.)

CHAPTER 3 3.4

Extending the validity of a machine readable travel document is possible in some cases. (Finland is aiming to change its legislation so that it will be in accordance with the standard (after August 2006)).

3.10.1

Finland will issue the non-machine readable seafarers’ identity document till August 2006. Validity of these passports is 10 years. Standard will be fully implemented after 2016.

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2.10 2.10.1 2.12


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

3.12

The machine readable zone of temporary passports issued before August 2006 will not be filled with words or data. Standard will be fully implemented after August 2016.

3.15

At the moment children under age 15 years can be noted on the passport of her/his provider by request. Finland is aiming to change its legislation so that it will be in accordance with the standard.

3.23*

Personal appearance at the visa issuing office is normally required. Schengen Practice.

3.24

Visa is issued on the basis of the need of applicant and according to the consideration of the authorities. This standard is regarded to be against the Schengen Agreement.

3.38

Export controls can be implemented. Community Customs.

3.58

In case passengers continuing on another flight to a third State cross the Schengen external border at the airport of transit, border control formalities shall take place at the airport of transit. Schengen Agreement.

3.60

This standard is not implemented if an in-transit passenger needs a visa to enter Finland and she/he doesn’t have one. Schengen Agreement

3.68*

The Finnish Crew Member Certificate is not machine readable, and it is not issued in accordance with the specifications in Doc 9303. Finland is aiming to implement this Recommended Practice as soon as possible.

3.73* 3.74* 3.75* 3.76*

These Recommended Practices are not implemented. Finland is aiming to implement these Recommended Practices as soon as possible.

CHAPTER 4 4.2*

Applicable legislation does not foresee a guarantee waiver for transport by road (including airfreight by road). However, provisions to authorize a reduction of the guarantee level exist. Community Customs Code.

4.3

Consultation with operators and other parties concerned is not in every case compulsory. However, in order to improve in particular the quality and the effectiveness of new and amended rules and regulations, close cooperation and consultation with the said operators is generally sought. Community Customs legislation.

4.22

The export declaration must be lodged where the goods are packed or where the exporter is established. Article 161 (5) of the Community Customs Code.

4.24*

This Practice is not implemented. This Practice would seriously frustrate control by public authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed even if security has been provided.

* Recommended Practice

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2 FINLAND


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

FINLAND 3

4.27

There are currently no provisions determining in which cases the use of simplified arrangements are obligatory or must be granted to the operators. Community Customs legislation.

4.29*

There can be exceptions, especially when there is more than one authority concerned.

4.30*

All the goods covered by a same declaration shall be released at the same time. On the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration. Article 73 (2) of the Community Customs Code.

4.34

Provisions concerning export and transit licences remain applicable, in certain cases, when the goods are redirected to another destination (weapons, dual-use goods, precursors etc.). National and Community legislation.

CHAPTER 5 5.9.1

The operator is responsible for the cost of custody and care if a person is found inadmissible on any grounds. National legislation (Alien Act 176 ยง) based on EU directive (2001/51/EU).

5.11

The aircraft operator is also responsible to remove the inadmissible person to the State which has issued the used travel document. Alien Act 175 ยง.

5.18

There is an exception this standard; if international protection is applied at the border, the costs will be dealt after the decision concerning protection has been done. Alien Act 175 ยง 3.

CHAPTER 6 6.32*

In case passengers continuing on another flight to a third State cross the Schengen external border at the airport of transit, border control formalities shall take place at the airport of transit. Schengen Agreement.

CHAPTER 7 7.3.3

There is no single agency to receive and coordinate different notices or permission applications.

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_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

GERMANY 1

CHAPTER 2 2.19

General customs supervision should at all times be possible; such supervision may include a document check (see Article 13 of the Community Customs Code).

CHAPTER 3 3.38

Germany disapproves this Standard only if it should be interpreted as prohibiting export controls.

4.2*

This could be contrary to the Community customs legislation. The Community Customs Code does not foresee a guarantee waiver for transport by road (including airfreight by road), however provisions to authorize a reduction of the guarantee level exist.

4.3

As far as Community customs legislation is concerned, consultation with operators and other parties concerned is not, in every case, compulsory. However, in order to improve in particular the quality and the effectiveness of new regulations and of amendments to existing rules, close cooperation and consultation with the said operators is generally sought.

4.13

This provision is correct in as far as it concerns customs matters for which the “declarant” is the relevant person. With regard to other policies (such as phyto-sanitary measures, etc.), the person responsible for the information concerned may be a person other than the declarant.

4.16*

There are different provisions of different modes of transport which follow the simplified transit procedures by air. Before another procedure begins the operator has to end the simplified transit procedure by air. Respectively, the goods have to be presented to the customs. Therefore the recommended practice should be deleted.

4.20

The provision is correct. Nevertheless, it should be noted that in the Community, a wide range of different simplified customs procedures are in practice available for operators as regards export (incomplete declarations, simplified declarations, local clearance procedure) (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. The authorization is based on general criteria (possibility to guarantee effective checks, for example). Depending on the simplified procedure used, the declarant must provide the Customs authorities or make available to them all the required documents, the production of which is required for application of the provisions governing export of goods.

4.22

This standard and in particular the words “at any customs office”, is not in conformity with Article 161 § 5 of the Community Customs Code which provides that the export declaration must be lodged where the goods are packed or where the exporter is established.

4.24*

The proposed Recommended Practice would seriously frustrate control by public authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security.

* Recommended Practice

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CHAPTER 4


2 GERMANY

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

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4.27

Currently, no Community provision determines in which cases the use of simplified arrangements is obligatory or must be granted to the operators. In the Community, a wide range of simplified procedures (incomplete declarations, simplified declarations, local clearance procedure) are available to operators (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations.

4.29*

While the customs release the goods as quickly as possible, customs authorities are not always the only authorities involved in the clearance procedure. Therefore, they cannot undertake to release all goods within three hours of their arrival. Nevertheless, it should be noted that one of the objectives of customs aims at performing checks and release within the shortest possible time limit.

4.30*

This recommended practice is acceptable in as far as the Contracting States have a common interpretation of the term “part consignment�. According to Article 73(2) of the Community Customs Code, all the goods covered by a same declaration shall be released at the same time, on the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

4.34

The national and Community provisions concerning export and transit licences remain applicable, in certain cases, when the goods are redirected to another destination (weapons, dual-use goods, precursors, etc.).

_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

JAPAN 1

CHAPTER 2 2.10

A General Declaration needs to be submitted.

2.10.1

The names and nationalities of the flight crew shall be entered in the General Declaration. The General Declaration shall not be accepted in electronic form.

2.12

A passenger Manifest needs to be submitted to the Immigration inspector. The Passenger Manifest shall not be accepted in electronic form. A Passenger Manifest for the customs is required when needed and it includes other elements than those indicated in Appendix 2.

2.43*

Immigration, customs and quarantine examinations are conducted by the respective administrative agencies even at airports where international general aviation operations are infrequent.

CHAPTER 3 3.5

If deemed necessary, documents other than those prescribed in Annex 9 may be required.

3.10

The Re-entry Permit (booklet) and Refugee Travel Document are not machine readable currently, and an issuance of machine readable version of those documents is not scheduled as set forth in 3.10.

3.10.1

The Re-entry Permit (booklet) and Refugee Travel Document issued by the Government of Japan are not machine readable, and the expiration date of those documents is not scheduled as set forth in 3.10.1. Since the Government of Japan cannot discontinue the issuance of non-machine readable passports (non-MRPs) of 10-year validity before April 2006, due to the Japanese Passport law and the limited number of MRP production machines deployed at overseas missions, it is expected that even after 24 November 2015 there might be some non-MRPs which are valid until the end of March 2016.

3.11*

The Re-entry Permit (booklet) and Refugee Travel Document issued by the Government of Japan are not machine readable. As for visas, Japan has been issuing the machine readable visas specified in Doc 9303, but there are still other types of visas which are not machine readable.

3.12

The Re-entry Permit (booklet) and Refugee Travel Document issued by the Government of Japan are not machine readable, but the format, etc., of those documents are not set as indicated in 3.12.

3.16*

There is no regulation to set a certain valid period in Re-entry Permit (booklet). The term of validity of the Refugee Travel Document is provided for one year.

3.21*

A permanent resident shall not be required to attain a visa for re-entry when he/she holds a valid re-entry permit.

3.23*

In principle, an applicant must make a personal appearance at the Japanese embassy or Consulate overseas for visa issuance procedures, with the exception of inevitable circumstances.

3.24

A visa for a visitor to Japan is normally valid for a single journey within a period of three months.

* Recommended Practice

21/8/07


2 JAPAN

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

3.25*

In the Japanese visas which are not machine readable: a) the items are listed in a different order; b) the duration of validity of the visa is normally shown in months; and c) the duration of the stay is not always included.

3.26*

Visitors are required to submit Embarkation/Disembarkation Cards.

3.27

The information requirements on the Embarkation/Disembarkation Card of Japan are different from those set forth in Appendix 5.

3.29

Not all Embarkation/Disembarkation Cards can be distributed free of charge.

3.44*

The operator shall bear responsibility and obligation for the custody and care of passengers and crew until a final decision has been made concerning their admissibility into Japan.

3.45

In such cases where the operator has transported a foreigner with knowledge of the fact that the foreigner is liable for deportation, the operator must bear the responsibility for returning the foreigner.

CHAPTER 5 5.9

The operator shall bear responsibility and obligation for the expenses of custody and care of passengers and crew until a final decision has been made concerning their admissibility into Japan.

5.9.1

Regardless of whether the operator was at fault or not, the operator shall bear the responsibility and the expenses of removal of inadmissible persons.

5.18

The captain of an aircraft or the operator who brings a foreigner coming under the certain conditions of deportation shall bring such a foreigner outside Japan at his own expense and on his own responsibility. If a deportee desires to leave Japan voluntarily at his/her own expense, he/she may be permitted to do so upon his/her application.

5.19

Owing to the growing number of deportees, there may be cases where the provision of notification not later than 24 hrs before departure cannot be met, except for such cases where the safety of the return flight may be jeopardized or other such similar cases.

5.21

Since travel documents should be in the possession of the passenger himself/herself except for certain cases, travel documents will not be confiscated and basically entrusted to the operator.

CHAPTER 6 6.62*

Arrangements necessary for the implementation of the system described by this provision have not been developed.

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

JAPAN 3

CHAPTER 8 8.3.1

For entry, there may be cases where a visa and other explanatory materials are required.

8.3.2*

There are no provisions in Japanese laws and regulations for the issuing of visas to passengers on arrival. Moreover, in cases where personnel do not possess visas even though they carry an order of mission from the Japanese Government, such personnel shall be required to undergo, as long as they do not have a visa exemption, prescribed procedures, including offering a separate explanation of the necessity and urgency of entry, in order to receive an entry permit.

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_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

NETHERLANDS 1

3.47*

The authorities of Kingdom of the Netherlands consider the use of document reading devices for the capture of information (UN/EDIFACT PAXLIST) to be a responsibility of the operators involved.

3.47.1

The Kingdom of the Netherlands considers it necessary to keep open the possibility to require – on the basis of EU Council Directive 2004/82/EC of 29 April 2004 – other data elements than the ones that are available in machine readable form in travel documents conforming to the specifications contained in Doc 9303 (series), Machine Readable Travel Documents.

3.52*

When a visitor, for reasons of force majeure, does not possess the required entry visa prior to arrival, entry can only be authorized by issuance of a visa at the border.

3.58

Passengers arriving from a State adhering to Schengen Agreement and continuing their journey via the territory (within Europe) of the Kingdom of the Netherlands on another flight to a third State, not adhering to the Schengen Agreement, are submitted to border control formalities. The same applies to the situation when passengers travel the route vice versa.

3.66

Crew members are not precluded from border control formalities.

3.71 3.71.1*

Implementation on the condition of reciprocity.

3.76*

Implementation on the condition of reciprocity.

CHAPTER 5 5.9.1

The aircraft operator is also responsible for the cost of custody and care of all other categories of persons.

5.14

Operators can also be fined if they cannot demonstrate that they have taken adequate precautions to ensure that the passengers had complied with the document requirements for transit or transfer at the territory of the Kingdom of the Netherlands.

CHAPTER 6 6.32*

Passengers arriving from a State adhering to Schengen Agreement and continuing their journey via the territory (within Europe) of the Kingdom of the Netherlands on another flight to a third State not adhering to the Schengen Agreement, are submitted to border control formalities. The same applies to the situation when passengers travel the route vice versa.

* Recommended Practice

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CHAPTER 3


2 NETHERLANDS

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 8 8.19

The Netherlands does not have an Airport Facilitation Committee, but all subjects under Annex 9 are in the work programme of the National Facilitation Commission. This Commission is established, and works along the lines of the proposed Appendix 12 and has incorporated some of the subjects mentioned in the Airport FAL programme as proposed in Appendix 11 into its work programme.

8.39 8.41* 8.42 8.43

The Netherlands has no legislation regarding assistance to aircraft accident victims and their families as described in these provisions.

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_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

NEW ZEALAND 1

CHAPTER 3 3.21*

Visas for re-entry are required from resident aliens. A New Zealand Legislative Requirement (Immigration Act 1987).

3.26*

New Zealand requires entry and departure cards for all passengers entering and leaving New Zealand. A New Zealand Legislative Requirement (Immigration Act 1987).

3.50

A written baggage declaration is required from passengers and crew. A New Zealand Legislative Requirement (Customs and Excise Act 1996), (Biosecurity Act 1993).

3.71

Crew members (travelling as passengers) require passports (but not visas). A New Zealand Legislative Requirement (Immigration Act 1987).

4.31

Some cargo of interest to the Ministry of Agriculture and Forestry requires quarantine clearance at the airport of arrival. A New Zealand Legislative Requirement (Biosecurity Act 1993).

4.35

Under New Zealand Customs Law ownership of the goods may not be clearly established and may be subject to dispute between two or more parties concerned. In these circumstances a claim may then be made on the original importer. A New Zealand Legislative Requirement (Customs and Excise Act 1996).

4.39*

A number of concessions exist and there is provision for individual goods or types of goods to be given concessional entry, each case being judged on its merits. No overall concessions exist for this situation or are envisaged to cover broad groupings of items imported under these circumstances. A New Zealand Legislative Requirement (Customs and Excise Act 1996), (Tariff Act 1988), (Customs and Excise Regulations 1996).

4.42

Duty and taxes will be levied on appropriate items. A New Zealand Legislative Requirement (Customs and Excise Act 1996), (Goods and Services Tax Act 1985), (Tariff Act 1988).

_____________________

* Recommended Practice

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CHAPTER 4


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

REPUBLIC OF KOREA 1

CHAPTER 2 2.4*

As an exception, suspension of flights is possible when public health is threatened by SARS, bird flu, etc.

2.10 2.10.1

Presentation of the General Declaration is required by the Customs, Immigration and Quarantine authorities, and the format of the General Declaration slightly differs from Appendix 1. For the present, it is not possible to eliminate this requirement.

2.12

Presentation of a Passenger Manifest is required for operational reasons. The format of the Passenger Manifest is slightly different from Appendix 2.

2.15

The Republic of Korea requires additional information that exceeds the information on the Stores List in 2.15.

2.29

It is difficult for a Contracting Party to guarantee this matter as the use of pesticides, etc., is a decision that should be made by the operator.

3.9*

The Republic of Korea is preparing for use of biometric passports and plans to amend relevant regulations when electronic passports are introduced.

3.27

Additional information including address and occupation must be written on the Embarkation/ Disembarkation cards. Exemption of E/D card for the nationals’ entrance and foreigners’ departure is under consideration.

3.29

E/D cards are provided at the expense of the aircraft operator. E/D Cards will no longer be required for nationals of the Republic of Korea entering and foreign nationals departing the country beginning 1 November 2005. In addition, there are plans to issue biometrics cards to qualified persons for even speedier entry/departure procedures.

3.34

Income-tax clearance certificates are required when visitors depart.

3.46

Forged/falsified travel documents are seized in most cases, but in some cases they are returned and entrusted to the operator to facilitate removal.

3.50

All passengers and crew members entering the Republic of Korea are required to fill out and submit written baggage clearance declaration forms beginning 1 October 2005.

3.57*

An international flight making two or more stops at international airports within Korea is required to be cleared through border control formalities at every airport.

3.68* 3.69*

Crew Member Certificates (CMCs) are currently issued but the format of the crew members’ certificates is slightly different from Doc 9303, Part 3 – Size 1 and Size 2 Machine Readable Official Travel Documents.

* Recommended Practice

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CHAPTER 3


2 REPUBLIC OF KOREA

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 4 4.20

Under Article 245 (Document to be Submitted at Time of Declaration) of Customs Act, additional documents are required for export clearance.

4.32 4.33

In accordance with General Annex — Article 3.39 of the amended International Convention on the Simplification and Harmonization of Customs Procedures (so called “Kyoto Convention”), Customs “may impose a penalty to discourage repetition of errors”.

CHAPTER 5 5.6 5.7

Information required by the Republic of Korea in the cover letter and the removal order are slightly different from the information required in Appendix 9.

5.9 5.9.1

The aircraft operator and the immigration authority are jointly responsible for bearing the cost of sending back an inadmissible person.

5.13

In addition to the inspection of the cover letter and other documents to examine an inadmissible person, the Republic of Korea, in accordance with separate regulations, also conducts additional investigations of such a person.

5.15*

The ROK authorities and the airlines have not entered into memoranda of understanding but the fine may be waived if there is evidence to suggest that this has not been caused by negligence of the carrier.

5.18

The Republic of Korea pays for most of the costs involved in removal of a person who has been ordered to be sent back, but the aircraft operator bills part of the costs including airfare to the person being removed for reparations.

5.19

The ROK authorities and the airlines have not entered into memoranda of understanding.

5.20

There are no agreements that the Republic of Korea has entered into for removal of a deportee.

CHAPTER 6 6.23*

As a security screening method, the Republic of Korea adopts the group (“package”) system, not the “trickle” method.

6.32*

Crew members and passengers in transit are subject to inspection formalities.

6.60.1

The International Certificate of Vaccination is not issued free of charge. The Republic of Korea charges for the minimal costs involved in vaccination.

_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

RUSSIAN FEDERATION 1

CHAPTER 1 Definitions

Application of terms as defined in Amendment 19 is not binding under our national legislation.

CHAPTER 2 2.10

The General Declaration is required.

2.10.1

The General Declaration shall state the surnames of the crew members .

2.13

The Cargo Manifest shall specify the kind of cargo. The Cargo Manifest is required.

2.32 2.34 2.35 2.36 2.37* 2.38 2.40 2.41

A preliminary permit is required for operating such flights in accordance with the procedures set out in the AIP of the Russian Federation.

2.42*

All time parameters associated with the completion of arrival/departure formalities are adopted following approval in practice of the national FAL programme.

2.43*

Not applicable.

CHAPTER 3

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3.17

Visitors at the end of their stay are required to have exit visas.

3.19*

A valid document providing evidence of the right to arrive in or depart from the Russian Federation is required.

3.39*

All time parameters associated with the completion of arrival/departure formalities are adopted following approval in practice of the national FAL programme.

3.50

Passengers crossing the Russian Federation State border whose cabin and checked baggage are not exempt from customs clearance shall fill in a customs declaration. Crew members shall make an oral declaration.

3.60

Transit passengers without a transit visa may stay in the airport transit area or in a hotel for foreign transit passengers for a period of 24 hours.

3.71 3.71*

Crew members of foreign airlines arriving in the Russian Federation shall be in possession of valid national passports with Russian visas, unless bilateral agreements stipulate otherwise.

* Recommended Practice

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2 RUSSIAN FEDERATION

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 4 4.7* 4.8

There are no free zones or storage facilities in the Russian Federation at present.

CHAPTER 5 5.9.1

Only applicable in the absence of a relevant international agreement on readmission.

5.14

Crew members of foreign airlines arriving in the Russian Federation shall be in possession of valid national passports with Russian visas, unless bilateral agreements stipulate otherwise.

CHAPTER 6 6.9*

The signs used differ partially from the international ones.

6.9.1*

No provision is made for specially assigned places to display such notices and brochures.

6.24*

There are no mechanized baggage sorting systems. The unique baggage identification system known as the “Licence Plate Concept� is not used.

6.62*

Activity in the territory of the Russian Federation by representatives of concerned authorities of other States is not provided for.

APPENDIX 11 2.

All time parameters associated with the completion of arrival/departure formalities are adopted following approval in practice of the national FAL programme.

_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

SERBIA 1

CHAPTER 2 2.37*

The following documentation is also required: a) Air Operator Certificate; b) Registration Certificate; c) Airworthiness Certificate; d) Noise Certificate; e) Insurance Certificate; f) Air Charter Agreement; g) Airborne Collision Avoidance System II (ACAS II).

CHAPTER 3 3.11*

Serbia has not issued identity documents or visas in machine readable form yet, as specified in Doc 9303 but shall meet the terms given by ICAO.

3.15

Up to the age of 14 a child can be attached to the parent’s passport. The data entry is valid for only two years.

3.23*

A personal appearance at the visa-issuing office is required.

3.47*

Serbia neither has nor requires a system of Advance Passenger Information.

3.68*

Serbia has not issued Crew Member Certificates (CMCs) yet. (Serbia plans to start issuing these in 2007.)

3.74*

Civil Aviation Safety Inspector Certificates in Serbia are not issued according to Appendix 8 of Annex 9. (These are planned to be harmonized with Appendix 8 by 1 December 2006.)

CHAPTER 4 4.20

The export duty of goods is performed according to a simplified export declaration only in cases prescribed by the National Customs Regulations of Serbia.

CHAPTER 8 8.17

A Facilitation Programme has not been established. (It is planned that the programme will be established by 1 December 2006.)

8.19

Neither an Air Transport Facilitation Committee nor an Airport Facilitation Committee has been established in Serbia. (It is planned that these Committees will be established by 1 December 2006.)

_____________________

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

SWEDEN 1

CHAPTER 2 2.19

General customs supervision should at all times be possible; such supervision may include a document check (Article 13 of the European Community Customs Code).

2.41

Sweden requires a notification one hour before departure from the other country. In some cases when goods are imported, Sweden requires notification two hours before departure (National Legislation).

CHAPTER 3 3.12

Alien passports are issued manually and thus, are not machine readable and do not contain the information specified in the provision.

3.30

Sweden disapproves this standard only if it should be interpreted as prohibiting export controls. (European Customs legislation.)

3.67

Crew member certificates are not issued. (European Customs legislation.)

3.74*

Certificates are issued but differ from Appendix 8.

3.75*

Copy of an itinerary is not required.

CHAPTER 4 4.3

As far as European Community legislation is concerned, consultation with operators and other parties concerned is not, in every case, compulsory. However, in order to improve in particular the quality and the effectiveness of new regulations and of amendments to existing rules, close cooperation and consultation with the said operators is generally sought. (European Customs legislation.)

4.13

This provision is correct as far as it concerns customs matters for which the “declarant� is the relevant person. With regard to other policies (such as phyto-sanitary measures, etc.), the person responsible for the information concerned may be a person other than the declarant. (European Community Customs legislation.)

4.20

The provision is correct. Nevertheless, it should be noted that in the European Community, a wide range of different simplified customs procedures are in practice available for operators as regards export (incomplete declarations, simplified declarations, local clearance procedure) (Article 76 of the European Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. The authorization is based on general criteria (possible to guarantee effective checks, for example). Depending on the simplified procedure used, the declarant must provide the Customs authorities or make available to them all the required documents, the production of which is required for application of the provisions governing export of goods.

* Recommended Practice

21/8/07

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2 SWEDEN

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

4.22

The export declaration must be lodged where the goods are packed or where the exporter is established (Article 161 (5) of the European Community Customs Code).

4.27

Currently there are no provisions determining in which cases the use of simplified arrangements are obligatory or must be granted to operators (European Community Customs legislation).

4.31

In certain very special cases there are import prohibitions applicable to some goods, and in those cases transfer is not allowed (National legislation).

4.34

Provisions concerning export and transit licences remain applicable, in certain cases, when the goods are redirected to another destination (weapons, dual-use goods, precursors, etc.) (European Community Customs legislation).

4.51

Containers and pallets may be re-exported through any designated customs office in some but not all cases (National legislation).

CHAPTER 8 8.17 8.18

A national facilitation programme has not been established.

_____________________

21/8/07

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

SWITZERLAND 1

CHAPTER 3 3.9*

Switzerland does not provide visas which incorporate biometric data. However, a review of the Aliens Act is currently underway which may enable Switzerland to comply in the future.

3.32*

Switzerland does not appoint liaison officers in order to assist aircraft operators in the evaluation of travel documents. However, a review of the policy is currently underway which may enable Switzerland to comply in the future. The positioning of liaison officers at Swiss airports presupposes an agreement with the Canton concerned and the Swiss Government.

3.47*

Switzerland does not have a system of advance passenger information. A review of the policy is currently underway which may enable Switzerland to comply in the future.

3.71 3.71.1*

The Swiss Government provides crew member certificate (CMC) facilities for arriving crew members presenting CMCs only if such documents are issued by the competent authority and in the format as specified in Doc 9303, Part 3 – Size 1 and Size 2 machine Readable Official Travel Documents. No facilities are provided to holders of crew identity cards issued by a private organization (e.g. Company ID), even if their documents are issued in the specified format of Doc 9303.

CHAPTER 5 5.9.1

Switzerland holds aircraft operators responsible for the cost of custody and care where a person is denied entry. In practice, however, a cooperative agreement can be concluded between the responsible authorities and aircraft operator, which allows a mitigation of costs and fines depending on the degree of negligence.

_____________________

--`,,```,,,,````-`-`,,`,,`,`,,`---

* Recommended Practice

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21/8/07

Not for Resale


SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

THAILAND 1

CHAPTER 2 2.7*

Thailand accepts documents for entry and departure of aircraft only in English version.

2.10

Thailand normally requires the presentation of a General Declaration.

2.43*

Thailand requires relevant governmental agencies (Customs, Immigration and Quarantine) to undertake clearance of aircraft and their loads.

CHAPTER 3

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3.18*

Thailand requires resident aliens wishing to travel abroad to bring their residence permits to authorized officials for endorsement prior to their departure.

3.26*

Thailand requires visitors travelling by air to fill in Embarkation-Disembarkation Cards.

3.29

Thailand requires that Embarkation/Disembarkation Cards shall be provided by airline operators with their own cost.

3.47.2*

Thailand will consider imposing fines and penalty on operators for errors case-by-case.

3.47.3

Thailand requires that a passenger manifest must be presented in paper form.

3.52*

For humanitarian reasons, Thailand shall authorize temporary entry for a visitor subject to relevant laws.

3.60

Thailand will consider allowing in-transit passengers who are unexpectedly delayed overnight due to a flight cancellation or delay, to leave the airport for the purpose of taking accommodations case by case.

3.68*

The specifications of the crew member certificates issued in Thailand are different from ICAO’s specifications.

3.71.1*

Thailand requires the crew members to comply with the normal practice of visa requirements when arriving on another operator or another mode of transport and seeking temporary entry for the period allowed to join their assigned flight in a duty status.

3.74*

Thailand will provide its flight operations and cabin safety inspectors with an identity document in different format from the ICAO’s requirements as set forth in Appendix 8.

CHAPTER 5 5.9.1

Thailand requires that the aircraft operator shall be responsible for the cost of custody and care of all other categories of inadmissible persons, including persons not admitted due to document problems beyond the expertise of the aircraft operator or for reasons other than improper documents, from the moment these persons are found inadmissible until they are returned to the operator for removal from the State.

* Recommended Practice

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2 THAILAND

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

5.14

Thailand shall consider this kind of situation case by case.

5.18

The relevant Thai authority shall be responsible only for the costs occurred during the deportees being kept in custody in Thailand. Other expenses such as deportees’ outgoing travel expenses must be borne by their own responsibility.

CHAPTER 6 6.60.1 Note 1

Thailand requires that unvaccinated passengers travelling from a contagious disease zone shall be vaccinated on arrival and shall be responsible for the charge.

_____________________

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

UNITED KINGDOM 1

CHAPTER 2 2.10.1

In certain circumstances particulars of members of crew may be required.

2.12

In certain circumstances carriers may be required to provide a passenger list showing the names and nationalities of passengers.

2.19

General customs supervision should at all times be possible; such supervision may include a document check (Article 13 of the European Community Customs Code refers).

CHAPTER 3 3.26*

Disembarkation cards must normally be completed by all passengers except nationals of Member States of the European Economic Area.

3.29

Disembarkation cards must be provided by the carrier at its expense and distributed to all passengers who need to complete them.

3.38

The UK retains the right to introduce export controls in certain circumstances.

3.44*

An operator remains liable for the care and custody of inadmissible persons, including associated costs, in certain circumstances.

3.47.1

Where the UK imposes a requirement to provide API, this requirement will apply regardless of whether the information in the passenger’s travel document is available in machine readable form.

3.47.2*

United Kingdom legislation provides for a charge of (currently) ÂŁ2000 to be levied on operators who bring to the United Kingdom persons who are inadequately documented irrespective of the introduction of API. Inadequately documented persons are those who fail to produce a valid national passport or other travel document satisfactorily establishing their identity or nationality, a valid United Kingdom visa if required or produce a forged/counterfeit national passport or other document where the forgery is reasonably apparent.

3.52*

Where required UK visas and entry clearances should be obtained prior to travel, and a person will normally be refused entry in the absence of the necessary clearance. The Immigration Officer has discretion to waive the requirement for an entry clearance in exceptional circumstances.

3.60

The UK permits transit without visas for passengers who normally require visas, provided that the passenger has: (a) entry facilities for the countries en route and for the final destination; (b) a firm booking to travel by air within 24 hours; (c) no purpose in entering the UK other than to pass through in transit. NB This information is regularly updated in the Travel Information Manual (TIM), published by the International Air Transport Association (Netherlands) Data Publications.

3.67 3.68* 3.68.1*

Crew member certificates are not issued by the UK public authorities to crew members of UK airlines, whether or not they are required to be licensed.

* Recommended Practice --`,,```,,,,````-`-`,,`,,`,`,,`---

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2 UNITED KINGDOM

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Identification documents bearing photographs of the holders are issued to UK aircrew members, licensed and unlicensed, by UK airlines and by airport authorities on their behalf, the validity of which may be checked by contacting the issuing authority. UK flight crew licences conform to the specification for personnel licences set forth in paragraph 5.1.1 of Annex 1. The date of birth is also included. Following the introduction of computerized licence issues a photograph of the holder is no longer required, neither is the place of birth nor a statement of the right of re-entry to the State of issue – these items are part of the Annex 9 Appendix 7 crew member certificate but are not called for in paragraph 5.1.1 of Annex 1.

3.71.1* 3.72 3.73* 3.75* 3.76*

The United Kingdom requires aircrew who arrive as passengers, or who are supernumerary, to be in possession of a valid passport or other satisfactory document establishing identity and nationality and, where applicable, of a valid visa. The United Kingdom visa requirement is waived in respect of visa nationals who arrive and leave as aircrew within seven days.

CHAPTER 4 4.2*

The European Community Customs Code does not foresee a guarantee waiver for transport by road (including airfreight by road); however, provisions exist to authorize a reduction of the guarantee level.

4.3

Under European Community Customs legislation consultation with operators and other parties concerned is not compulsory in every case. Close cooperation and consultation with the operators is however generally sought in order to improve the quality and effectiveness of new regulations and of amendments to existing rules.

4.13

In the UK this provision applies to customs matters for which the “declarant” is the relevant person. With regard to other policies (such as phyto-sanitary matters, etc) the person responsible for the information concerned may be a person other than the declarant.

4.20

In the European Community a wide range of simplified customs procedures are in practice available for operators as regards export (for example, incomplete declarations, simplified declarations, local clearance procedures – Article 76 of the European Community Customs Code refers). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is allowed to carry out any number of operations. The authorization is based on general criteria, for example the ability to ensure that effective checks can be undertaken. Depending on the simplified procedure used, the declarant must make available to the Customs authorities all of the required documents required for application of the provisions governing the export of goods.

4.22

This Standard, and in particular the words “at any customs office”, does not conform with Article 161 § 5 of the European Community Customs Code which provides that the export declaration must be lodged where the goods are packed or where the exporter is established.

4.24*

The Recommended Practice would seriously frustrate control by public authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security.

* Recommended Practice

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

UNITED KINGDOM 3

4.27

Currently, no European Community provision determines in which cases the use of simplified arrangements is obligatory or must be granted to the operators. In the European Community a wide range of simplified customs procedures are in practice available for operators as regards export (for example, incomplete declarations, simplified declarations, local clearance procedures – Article 76 of the European Community customs Code refers). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is allowed to carry out any number of operations.

4.29*

While Customs clearance is expedited as far as possible, there may be other agencies involved in the clearance procedure. Customs cannot therefore undertake to release all goods within three hours of their arrival. One of the objectives of Customs is nevertheless to perform checks and release goods within the shortest possible times.

4.30*

This Recommended Practice is acceptable in as far as the Contracting States have a common interpretation of the term “part consignment�. According to Article 73(2) of the European Community Customs Code, all the goods covered by the same declaration shall be released at the same time on the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

4.34

UK and European Community provisions concerning export and transit licences remain applicable, in certain cases, when the goods are redirected to another destination (for example weapons, dual-use goods, precursors, etc).

5.4*

An operator is required to remove an inadmissible person in accordance with the directions given by the Immigration Officer.

5.9.1

Under UK legislation, where a passenger is refused entry, the operator will normally be responsible for any detention costs up to a maximum of 14 days unless the passenger is in possession of a current entry clearance/visa.

5.11

United Kingdom legislation requires an operator to remove an inadmissible person to a country of which he is a national or citizen, a country or territory in which he has obtained a passport or other document of identity, a country or territory in which he embarked for the United Kingdom or a country or territory to which there is reason to believe that he will be admitted.

5.14

Under UK carrier liability legislation a charge may be imposed on the operator if a person arrives without the required documents. However, the operator is not liable if: i)

it can show that the required documents were produced when the passenger embarked for the United Kingdom; ii) a false document is produced or the passenger impersonates the rightful holder of a document unless the falsity of the document or the impersonation is reasonably apparent; In addition, an operator may apply for Approved Gate Check status at individual ports of embarkation. If the operator satisfies the UK authorities that it meets the published criteria, which include an audited high standard of document checking and security procedures, the UK will normally waive charges relating to persons who arrive with no documents from the station. * Recommended Practice

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CHAPTER 5


4 UNITED KINGDOM

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

5.26

The UK will cooperate fully with the requesting State to investigate and validate the persons claim to be a British citizen and to resolve the claim quickly, within 30 days if possible.

5.27

This provision only applies where the person concerned is admissible or is to be expelled by the authorities.

CHAPTER 6 6.37*

The UK does not offer duty-free goods for sale to in-bound passengers.

6.49*

In the UK permission to remove goods to off-airport facilities is subject to prior authorization by Customs.

6.58*

UK law and practice, which applies to air and other means of transportation, requires in general that the parties responsible for handling the traffic shall provide and maintain such facilities as may be necessary for proper control and examination of goods and passengers.

6.60

UK law, which applies to air and other means of transportation, allows for a charge to be made for immigration clearance requested by operators additional to the basic service at ports of entry in the UK.

CHAPTER 8 8.19 8.20* 8.21* --`,,```,,,,````-`-`,,`,,`,`,,`---

The UK strongly supports close coordination between civil aviation security and facilitation programmes. It has established a Facilitation Stakeholders Forum which meets regularly under Department for Transport chairmanship. The Government itself does not establish facilitation committees at airports. There are, however, national consultative bodies for particular subjects, and ad hoc meetings are arranged when necessary to discuss particular topics. UK law allows the Government to require that adequate facilities for consultation be established at airports. Consultation arrangements have been established under these powers at 50 airports.

_____________________

* Recommended Practice

21/8/07 Copyright International Civil Aviation Organization Provided by IHS under license with ICAO No reproduction or networking permitted without license from IHS

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

UNITED STATES 1

CHAPTER 2 2.9

The manifest submitted in electronic form may become legally acceptable in the future. However, until the compliance rate for the automated manifest is acceptable, we must be able to require the written form of the manifest.

2.19

A cargo manifest is required except for merchandise, baggage and stores arriving from and departing for a foreign country on the same through flight. “All articles on board which must be licensed by the Secretary of State shall be listed on the cargo manifest.” “Company mail shall be listed on the cargo manifest.”

2.36 c)

Fees are charged for services provided in connection with the arrival of private aircraft (nonscheduled aircraft).

3.6

Documents such as visas with certain security devices serve as identity documents.

3.12

U.S. has not standardized the personal identification data included in all national passports to conform with the recommendation in Doc 9303.

3.14.1*

U.S. passport fees exceed the cost of the operation.

3.47.1

U.S. statutes and regulations require data elements in addition to those that are available in machine readable form in travel documents.

3.49

U.S. Federal Inspection Services’ officials see individual more than once.

3.71 3.71.1*

Passports and visas required for crew (except Canadians and Mexicans) and non-U.S. nationals to enter the United States.

3.72 3.73* 3.74* 3.76*

Passports and visas required for crew (except Canadians and Mexicans) and non U.S. nationals to enter the United States.

CHAPTER 4 4.13

Customs currently penalizes the exporting carrier for late filing of Shipper’s Export Declarations (SEDS) and inaccuracies on bills of lading with respect to the SEDS.

4.34

The U.S. requires a transportation in-bond entry or a special manifest bonded movement for this type of movement.

* Recommended Practice

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CHAPTER 3


2 UNITED STATES

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

CHAPTER 5 5.9.1

Operator can be held responsible for some detention costs.

5.15*

Annex 9 recommends that fines and penalties be mitigated if an alien with a document deficiency is eventually admitted to the country of destination. Section 273 (e) of the Immigration and Nationality Act allows for mitigation of fines under certain circumstances.

CHAPTER 6 6.32* 6.34*

U.S. inspects crew and passengers in transit.

CHAPTER 8 8.3.2*

Visas are issued by the Department of State and are not issued at ports of entry.

_____________________

* Recommended Practice

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