Transmittal Note: Supplement To Annex 9 - Facilitation (Twelfth Edition)

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. 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.
2.
_____________________
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 Councils resolution of 21 November 1950.
AUGUST 2007
INTERNATIONAL CIVIL AVIATION ORGANIZATION
(ii)
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) RECORD OF AMENDMENTS No. Date Entered by No. Date Entered by
AMENDMENTS TO ANNEX 9 ADOPTED OR APPROVED BY THE COUNCIL SUBSEQUENT TO THE TWELFTH EDITION ISSUED JULY 2005 Date of adoption or approval Date of adoption or approval
No.
Date applicable
No.
Date applicable
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 1. Contracting States which have notified ICAO of differences
(iii)
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. Date of notification 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 Pages in supplement 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 Date of publication 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
State 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
21/8/07
(iv)
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)
2. Contracting States which have notified ICAO that no differences exist Date of notification 4/11/05 25/7/05 20/9/05 7/7/05 1/11/05 15/6/05 Date of notification 19/7/05 23/8/05 11/10/05 19/10/05 27/9/05 25/10/05
State Argentina Bahrain Comoros Estonia Ireland Lithuania
State Oman Saudi Arabia Slovakia United Arab Emirates Uruguay Venezuela
3. Contracting States from which no information has been received 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 dIvoire Croatia Cyprus Democratic Peoples 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 Kyrgyzstan Lao Peoples 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
21/8/07
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 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
(v)
4. Paragraphs with respect to which differences have been notified Differences notified by 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
Paragraph Chapter 1
Paragraph
2.13 Definitions 1.5 Chapter 2 2.4 2.7 2.9 2.10 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 Brazil Russian Federation China (Hong Kong SAR)
2.15 2.19
2.21 2.24 2.27 2.29 2.30 2.31 2.32
2.10.1
2.34
2.12
2.35 2.36
2.37
21/8/07
(vi) 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
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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
Paragraph
Paragraph 3.16 3.17 3.18 3.19 3.21
2.38 2.40 2.41
2.42 2.43
3.23
3.24 Chapter 3 3.1 3.4 3.5 3.6 3.9 3.10 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
3.10.1 3.11
3.27
3.12
3.29
3.14.1 3.15
3.30 3.32 3.34 3.36 3.38
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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 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
(vii)
Paragraph
Paragraph 3.61 3.66 3.67
3.39 3.43 3.44
3.68
3.45 3.46 3.47
3.68.1 3.69 3.69.1 3.71
3.47.1
3.47.2
3.47.3 3.49 3.50
3.71.1
3.51 3.52
3.72 3.73
3.53 3.57 3.58
3.74
3.59
3.75
3.60
3.76
21/8/07
(viii) Differences notified by
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Differences notified by 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
Paragraph Chapter 4 4.2
Paragraph
4.3
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 Chapter 5 5.4 5.5 5.6 5.7 5.8 5.9 5.9.1
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
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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 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
(ix)
Paragraph
Paragraph
5.11
5.12 5.13 5.14
6.34 6.37 6.49 6.58 6.60 6.60.1
6.62 6.70 6.71 Chapter 7 7.3.3 Chapter 8 8.1 8.3 8.3.1 8.3.2
5.15 5.18
Finland
5.19
5.20 5.21 5.22 5.26
8.4 8.12 8.13 8.17
5.27
8.18 8.19
5.29
Chapter 6 6.9 6.9.1 6.23 6.24 6.32 Russian Federation Russian Federation Republic of Korea Russian Federation Belgium
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
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.24
AUSTRALIA 1
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. The content and form of the disinsection certificates required by Australia differ from those set forth in provision 2.27. 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.
2.27
2.30
CHAPTER 3 3.21* 3.26* All non-citizen permanent residents are required to hold a valid visa. Australia requires all travellers to complete an Incoming and Outgoing passenger card on each arrival and departure. The content and form of the Australian Incoming and Outgoing passenger cards differ from Appendix 5. This would be subject to contractors notifying the Australian authorities of any known systems failure in advance of the departure of affected flights. 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. Australias direct transit policy limits the amount of time to be spent in transit facilities to up to eight hours for some countries. The Australian government does not provide crew member certificate (CMC) facilities. Australia requires all crew to electronically register details with a Crew Travel Authority. This information is stored in a secure database. 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. 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.
3.27
3.47.2*
3.50
3.58
3.67 3.69.1*
3.71
3.71.1*
* Recommended Practice
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2 AUSTRALIA 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.
5.14
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
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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 3 3.1 3.5 3.11* 3.15 Austria conforms with the provisions of the European Community.
AUSTRIA 1
When issuing visas, Austria applies the provisions of the European Community. 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. Austria conforms with the provisions of the European Community. Not fully implemented. 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. Austria conforms with the provisions of the European Community and the Schengen Agreement. Not implemented as Austria conforms with the provisions of the European Community. Austria conforms with the provisions of the European Community and the Schengen Agreement. 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.
3.19* 3.24 3.36* 3.39*
3.52* 3.53* 3.59 3.60
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. 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. 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.
4.20
4.38*
CHAPTER 6 6.70* 6.71* Not implemented in Austria.
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2 AUSTRIA 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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21/8/07
BELGIUM 1
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* 3.24 Personal appearance at the visa issuing office is normally required (Schengen practice). 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.) Disapproval for this standard if it should be interpreted as prohibiting export controls. (Community Customs Code.) 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.) 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.
3.38
3.58
3.68*
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. 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.) 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.) 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
4.3
4.13
4.20
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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.)
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. 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.) 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.) 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.) 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.) 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.)
4.24*
4.27
4.29*
4.30*
4.34
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.) 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.
5.19
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 6 6.32*
BELGIUM 3
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) CHAPTER 1 Definitions
BRAZIL 1
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 2.43* Brazil will continue to require the presentation of a General Declaration. 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). 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.) Visas are valid for three months, from the date of issuance. Brazil does not issue visas in the format specified for the visual zone in Doc 9303, Part 2. 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. Brazilian customs authorities might require, as necessary, a written declaration of baggage from passengers and crew upon arrival.
3.12
3.24 3.25* 3.26*
3.38
CHAPTER 5 5.14 The Brazilian Immigration authority may fine aircraft operators in cases where persons are found to be improperly documented upon arrival. 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.)
5.26
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2 BRAZIL 5.27
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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.) 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.)
5.29
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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CANADA 1
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. 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. It is the air carriers responsibility to provide border inspection agencies notice of intended landing. A fee of CDN $100 is payable when an operator makes the required application for flight authority validation. 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.
2.32
2.34
2.36
2.37*
CHAPTER 3 3.23* Canada reserves the right to require visitor visa applicants to appear at a Canadian Consulate for an interview. Some visitors may be issued single entry visas valid for less than six months. In Canada, the aircraft operator is required to be present and hold disembarking passengers and crew until the examination has ended. Canada may require an operator to transport a crew member from Canada even if the crew member was legally authorized to enter. 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. 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. 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.
3.24 3.43 3.44* 3.45
3.49
3.50
3.59
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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. 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.
4.39*
CHAPTER 5 5.4* The timeframe that the aircraft operator must remove the inadmissible person is prescribed by Canadian Legislation. An administration fee shall be assessed in respect of each improperly documented passenger.
5.14
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 operators financial liabilities. 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. 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.
8.3
8.4
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CHINA 1
The Detailed Rules for the Implementation of the Law of the Peoples Republic of China on the Control of the Exit and Entry stipulates, in Article 17, that machine readable passports issued by the Peoples 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. An accompanying person may be added in the passport of its holder under special circumstances. 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. 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. Law of the Peoples 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. 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. 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).
3.15 3.46
3.47.3
3.71
3.71.1*
3.73*
CHAPTER 5 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. 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. Regulations of the Peoples 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.
5.11 5.12
5.14
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2 CHINA 5.18
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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 Peoples 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. 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. 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.
5.19 b)
5.26
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21/8/07
CHINA (HONG KONG SAR) 1
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. Information on names, nationalities and positions of crew members is required. Air cargo reporting requirements are prescribed by local legislation under which no option as proposed is provided for. 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.
2.10.1 2.13 2.38
CHAPTER 3 3.10 3.24 3.27 The existing Seamans Identity Book (SIB) is not in the machine-readable format. Visas are normally valid for a period of not more than three months from the date of issue. 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. It is not intended to adopt the dual-channel baggage clearance system. Aircrew who are visa nationals, unless exempted, require visa for China (Hong Kong SAR).
3.51 3.71 CHAPTER 4 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. 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. 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.
4.27
4.33
21/8/07
2 CHINA (HONG KONG SAR) 4.35 4.36 4.37* 4.38* 4.39* 4.40 4.41 4.42 4.43* 4.49
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.
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 5.11 5.14 Security escorts will not normally be provided by government officials. 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. 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. The operators are informed before the execution of a Deportation Order of the name of deportee and the flight arrangements. The existing travel documents production mechanism requires the applicant to produce an application form with signature appended.
5.19 5.27
_____________________
* Recommended Practice 21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 3 3.11* 3.71 Except for the passport, visas and other travel documents are not machine readable.
CUBA 1
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.) 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.)
5.29
_____________________
21/8/07
CZECH REPUBLIC 1
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. 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.
3.15
_____________________
21/8/07
DENMARK 1
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. 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.
2.43*
CHAPTER 3 3.10 3.14.1* Group passport and provisional passports are not issued in a machine readable form. The fee charged for the issue of a Danish passport is fixed by law. The fee exceeds the actual costs of the operation. Passports for children under the age of two are only issued for a period of two years whereas all other passports meet the recommendations. In Denmark short-term extensions of machine readable passports are made to a great extent. According to the Schengen regulations applicants for visa shall normally make a personal appearance at the Issuing Office. 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. 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. At present there are no plans generally to implement Advanced Passenger Information (API) in Denmark. A transit visa is required prior to arrival in the country from transit passengers obliged to possess a visa.
3.16*
3.16* Note 1 3.23*
3.24
3.27
3.47*
3.59
21/8/07
2 DENMARK 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.
_____________________
21/8/07
ETHIOPIA 1
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.)
_____________________
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.10 2.10.1 2.12
FINLAND 1
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.) 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.) Requirement concerning passenger and crew lists is not yet published in Aeronautical Information Publications (AIPs). There is no single agency to receive and coordinate different notices or permission applications.
2.21
2.31
2.32 2.34 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)). 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.
3.10.1
21/8/07
2 FINLAND 3.12
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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. 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. Personal appearance at the visa issuing office is normally required. Schengen Practice. 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. Export controls can be implemented. Community Customs. 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. This standard is not implemented if an in-transit passenger needs a visa to enter Finland and she/he doesnt have one. Schengen Agreement 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. These Recommended Practices are not implemented. Finland is aiming to implement these Recommended Practices as soon as possible.
3.15
3.23* 3.24
3.38 3.58
3.60
3.68*
3.73* 3.74* 3.75* 3.76*
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. 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. 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. 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.
4.3
4.22
4.24*
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 4.27
FINLAND 3
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. There can be exceptions, especially when there is more than one authority concerned. 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. 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.
4.29* 4.30*
4.34
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 ) based on EU directive (2001/51/EU). The aircraft operator is also responsible to remove the inadmissible person to the State which has issued the used travel document. Alien Act 175 . 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 3.
5.11
5.18
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.
_____________________
21/8/07
GERMANY 1
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.
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. 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. 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. 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. 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. 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. 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.
4.3
4.13
4.16*
4.20
4.22
4.24*
21/8/07
2 GERMANY 4.27
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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. 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. 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. 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.).
4.29*
4.30*
4.34
_____________________
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.10 2.10.1 A General Declaration needs to be submitted.
JAPAN 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. 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. Immigration, customs and quarantine examinations are conducted by the respective administrative agencies even at airports where international general aviation operations are infrequent.
2.12
2.43*
CHAPTER 3 3.5 3.10 If deemed necessary, documents other than those prescribed in Annex 9 may be required. 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. 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. 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. 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. 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. A permanent resident shall not be required to attain a visa for re-entry when he/she holds a valid re-entry permit. 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. A visa for a visitor to Japan is normally valid for a single journey within a period of three months.
3.10.1
3.11*
3.12
3.16*
3.21*
3.23*
3.24
21/8/07
2 JAPAN 3.25*
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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. Visitors are required to submit Embarkation/Disembarkation Cards. The information requirements on the Embarkation/Disembarkation Card of Japan are different from those set forth in Appendix 5. Not all Embarkation/Disembarkation Cards can be distributed free of charge. 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. 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.
3.26* 3.27
3.29 3.44*
3.45
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. Regardless of whether the operator was at fault or not, the operator shall bear the responsibility and the expenses of removal of inadmissible persons. 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. 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. 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.
5.9.1
5.18
5.19
5.21
CHAPTER 6 6.62* Arrangements necessary for the implementation of the system described by this provision have not been developed.
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 8 8.3.1 8.3.2* For entry, there may be cases where a visa and other explanatory materials are required.
JAPAN 3
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.
_____________________
21/8/07
NETHERLANDS 1
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. 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. 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. 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. Crew members are not precluded from border control formalities. Implementation on the condition of reciprocity.
3.47.1
3.52*
3.58
3.66 3.71 3.71.1* 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. 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.
5.14
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.
21/8/07
2 NETHERLANDS 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. The Netherlands has no legislation regarding assistance to aircraft accident victims and their families as described in these provisions.
8.39 8.41* 8.42 8.43
_____________________
21/8/07
NEW ZEALAND 1
Visas for re-entry are required from resident aliens. A New Zealand Legislative Requirement (Immigration Act 1987). New Zealand requires entry and departure cards for all passengers entering and leaving New Zealand. A New Zealand Legislative Requirement (Immigration Act 1987). A written baggage declaration is required from passengers and crew. A New Zealand Legislative Requirement (Customs and Excise Act 1996), (Biosecurity Act 1993). Crew members (travelling as passengers) require passports (but not visas). A New Zealand Legislative Requirement (Immigration Act 1987).
3.26*
3.50
3.71
CHAPTER 4 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). 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). 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). 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).
4.35
4.39*
4.42
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21/8/07
REPUBLIC OF KOREA 1
As an exception, suspension of flights is possible when public health is threatened by SARS, bird flu, etc. 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. Presentation of a Passenger Manifest is required for operational reasons. The format of the Passenger Manifest is slightly different from Appendix 2. The Republic of Korea requires additional information that exceeds the information on the Stores List in 2.15. 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.
2.10 2.10.1
2.12
2.15
2.29
CHAPTER 3 3.9* The Republic of Korea is preparing for use of biometric passports and plans to amend relevant regulations when electronic passports are introduced. 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. 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. Income-tax clearance certificates are required when visitors depart. Forged/falsified travel documents are seized in most cases, but in some cases they are returned and entrusted to the operator to facilitate removal. 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. 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. 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.
3.27
3.29
3.34 3.46
3.50
3.57*
3.68* 3.69*
21/8/07
2 REPUBLIC OF KOREA 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. 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.
4.32 4.33
CHAPTER 5 5.6 5.7 5.9 5.9.1 5.13 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. The aircraft operator and the immigration authority are jointly responsible for bearing the cost of sending back an inadmissible person. 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. 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. 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. The ROK authorities and the airlines have not entered into memoranda of understanding. There are no agreements that the Republic of Korea has entered into for removal of a deportee.
5.15*
5.18
5.19 5.20
CHAPTER 6 6.23* As a security screening method, the Republic of Korea adopts the group (package) system, not the trickle method. Crew members and passengers in transit are subject to inspection formalities. The International Certificate of Vaccination is not issued free of charge. The Republic of Korea charges for the minimal costs involved in vaccination.
6.32* 6.60.1
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21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 1 Definitions
RUSSIAN FEDERATION 1
Application of terms as defined in Amendment 19 is not binding under our national legislation.
CHAPTER 2 2.10 2.10.1 2.13 2.32 2.34 2.35 2.36 2.37* 2.38 2.40 2.41 2.42* The General Declaration is required. The General Declaration shall state the surnames of the crew members . The Cargo Manifest shall specify the kind of cargo. The Cargo Manifest is required. A preliminary permit is required for operating such flights in accordance with the procedures set out in the AIP of the Russian Federation.
All time parameters associated with the completion of arrival/departure formalities are adopted following approval in practice of the national FAL programme. Not applicable.
2.43*
CHAPTER 3 3.17 3.19* Visitors at the end of their stay are required to have exit visas. A valid document providing evidence of the right to arrive in or depart from the Russian Federation is required. All time parameters associated with the completion of arrival/departure formalities are adopted following approval in practice of the national FAL programme. 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. 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. 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.
3.39*
3.50
3.60
3.71 3.71*
21/8/07
2 RUSSIAN FEDERATION 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 5.14 Only applicable in the absence of a relevant international agreement on readmission. 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* 6.9.1* 6.24* The signs used differ partially from the international ones. No provision is made for specially assigned places to display such notices and brochures. There are no mechanized baggage sorting systems. The unique baggage identification system known as the Licence Plate Concept is not used. Activity in the territory of the Russian Federation by representatives of concerned authorities of other States is not provided for.
6.62*
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.
_____________________
21/8/07
SERBIA 1
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. Up to the age of 14 a child can be attached to the parents passport. The data entry is valid for only two years. A personal appearance at the visa-issuing office is required. Serbia neither has nor requires a system of Advance Passenger Information. Serbia has not issued Crew Member Certificates (CMCs) yet. (Serbia plans to start issuing these in 2007.) 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.)
3.15
3.23* 3.47* 3.68*
3.74*
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.) 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.)
8.19
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21/8/07
SWEDEN 1
General customs supervision should at all times be possible; such supervision may include a document check (Article 13 of the European Community Customs Code). 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).
2.41
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. Sweden disapproves this standard only if it should be interpreted as prohibiting export controls. (European Customs legislation.) Crew member certificates are not issued. (European Customs legislation.) Certificates are issued but differ from Appendix 8. Copy of an itinerary is not required.
3.30
3.67 3.74* 3.75*
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.) 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.) 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.
4.13
4.20
21/8/07
2 SWEDEN 4.22
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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). 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). In certain very special cases there are import prohibitions applicable to some goods, and in those cases transfer is not allowed (National legislation). 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). Containers and pallets may be re-exported through any designated customs office in some but not all cases (National legislation).
4.27
4.31
4.34
4.51
CHAPTER 8 8.17 8.18 A national facilitation programme has not been established.
_____________________
21/8/07
SWITZERLAND 1
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. 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. 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. 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.
3.32*
3.47*
3.71 3.71.1*
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.
_____________________
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.7* 2.10 2.43*
THAILAND 1
Thailand accepts documents for entry and departure of aircraft only in English version. Thailand normally requires the presentation of a General Declaration. Thailand requires relevant governmental agencies (Customs, Immigration and Quarantine) to undertake clearance of aircraft and their loads.
CHAPTER 3 3.18* Thailand requires resident aliens wishing to travel abroad to bring their residence permits to authorized officials for endorsement prior to their departure. Thailand requires visitors travelling by air to fill in Embarkation-Disembarkation Cards. Thailand requires that Embarkation/Disembarkation Cards shall be provided by airline operators with their own cost. Thailand will consider imposing fines and penalty on operators for errors case-by-case. Thailand requires that a passenger manifest must be presented in paper form. For humanitarian reasons, Thailand shall authorize temporary entry for a visitor subject to relevant laws. 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. The specifications of the crew member certificates issued in Thailand are different from ICAOs specifications. 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. Thailand will provide its flight operations and cabin safety inspectors with an identity document in different format from the ICAOs requirements as set forth in Appendix 8.
3.26* 3.29
3.47.2* 3.47.3 3.52*
3.60
3.68*
3.71.1*
3.74*
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.
21/8/07
2 THAILAND 5.14 5.18
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) Thailand shall consider this kind of situation case by case. 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.
_____________________
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.10.1 2.12 In certain circumstances particulars of members of crew may be required.
UNITED KINGDOM 1
In certain circumstances carriers may be required to provide a passenger list showing the names and nationalities of passengers. 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).
2.19
CHAPTER 3 3.26* Disembarkation cards must normally be completed by all passengers except nationals of Member States of the European Economic Area. Disembarkation cards must be provided by the carrier at its expense and distributed to all passengers who need to complete them. The UK retains the right to introduce export controls in certain circumstances. An operator remains liable for the care and custody of inadmissible persons, including associated costs, in certain circumstances. Where the UK imposes a requirement to provide API, this requirement will apply regardless of whether the information in the passengers travel document is available in machine readable form. United Kingdom legislation provides for a charge of (currently) 2000 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. 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. 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.
3.29
3.38 3.44*
3.47.1
3.47.2*
3.52*
3.60
21/8/07
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. 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. 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. 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. 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. 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.
4.3
4.13
4.20
4.22
4.24*
21/8/07
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 4.27
UNITED KINGDOM 3
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. 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. 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. 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).
4.29*
4.30*
4.34
CHAPTER 5 5.4* An operator is required to remove an inadmissible person in accordance with the directions given by the Immigration Officer. 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. 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. 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
5.9.1
5.11
5.14
21/8/07
4 UNITED KINGDOM 5.26
SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 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. This provision only applies where the person concerned is admissible or is to be expelled by the authorities.
5.27
CHAPTER 6 6.37* 6.49* The UK does not offer duty-free goods for sale to in-bound passengers. In the UK permission to remove goods to off-airport facilities is subject to prior authorization by Customs. 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. 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.
6.58*
6.60
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.
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21/8/07
UNITED STATES 1
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. 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. Fees are charged for services provided in connection with the arrival of private aircraft (nonscheduled aircraft).
2.19
2.36 c)
CHAPTER 3 3.6 3.12 Documents such as visas with certain security devices serve as identity documents. U.S. has not standardized the personal identification data included in all national passports to conform with the recommendation in Doc 9303. U.S. passport fees exceed the cost of the operation. U.S. statutes and regulations require data elements in addition to those that are available in machine readable form in travel documents. U.S. Federal Inspection Services officials see individual more than once. Passports and visas required for crew (except Canadians and Mexicans) and non-U.S. nationals to enter the United States. Passports and visas required for crew (except Canadians and Mexicans) and non U.S. nationals to enter the United States.
3.14.1* 3.47.1
3.49 3.71 3.71.1* 3.72 3.73* 3.74* 3.76*
CHAPTER 4 4.13 Customs currently penalizes the exporting carrier for late filing of Shippers Export Declarations (SEDS) and inaccuracies on bills of lading with respect to the SEDS. The U.S. requires a transportation in-bond entry or a special manifest bonded movement for this type of movement.
4.34
21/8/07
2 UNITED STATES CHAPTER 5 5.9.1 5.15*
Operator can be held responsible for some detention costs. 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.
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21/8/07

Transmittal Note: Supplement To Annex 9 - Facilitation (Twelfth Edition)

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Transmittal Note: Supplement To Annex 9 - Facilitation (Twelfth Edition)

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21/8/07

SUPPLEMENT TO ANNEX 9 FACILITATION (Twelfth Edition)

SUPPLEMENT TO ANNEX 9 TWELFTH EDITION

INTERNATIONAL CIVIL AVIATION ORGANIZATION

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

State Argentina Bahrain Comoros Estonia Ireland Lithuania

2.21 2.24 2.27 2.29 2.30 2.31 2.32

Paragraph 3.16 3.17 3.18 3.19 3.21

2.38 2.40 2.41

3.30 3.32 3.34 3.36 3.38

Paragraph 3.61 3.66 3.67

3.39 3.43 3.44

3.45 3.46 3.47

3.68.1 3.69 3.69.1 3.71

3.47.3 3.49 3.50

3.53 3.57 3.58

(viii) Differences notified by

Paragraph Chapter 4 4.2

4.7 4.8 4.13

4.31 4.32 4.33 4.34

4.35 4.36 4.37 4.38 4.39

5.12 5.13 5.14

6.34 6.37 6.49 6.58 6.60 6.60.1

5.20 5.21 5.22 5.26

8.4 8.12 8.13 8.17

8.20 8.21 8.39 8.41 8.42 8.43 Appendix 11

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.24

2 AUSTRALIA CHAPTER 5 5.5 5.6

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

3.19* 3.24 3.36* 3.39*

3.52* 3.53* 3.59 3.60

CHAPTER 6 6.70* 6.71* Not implemented in Austria.

2 AUSTRIA CHAPTER 8 8.17

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.19

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 6 6.32*

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 1 Definitions

3.24 3.25* 3.26*

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.13

3.24 3.43 3.44* 3.45

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 3 3.4

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 1 1.5

CHINA (HONG KONG SAR) 1

2.10.1 2.13 2.38

3.51 3.71 CHAPTER 4 4.8

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

* Recommended Practice 21/8/07

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.43*

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.12

3.16* Note 1 3.23*

2 DENMARK CHAPTER 6 6.32*

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 3 3.24

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.10 2.10.1 2.12

2.32 2.34 2.41

3.73* 3.74* 3.75* 3.76*

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) 4.27

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 2 2.19

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHAPTER 3 3.47*

3.66 3.71 3.71.1* 3.76*

Implementation on the condition of reciprocity.

2 NETHERLANDS CHAPTER 8 8.19