M C (FAL-Conv)

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Marine Convention(M.C) (2nd Semester-2020)


Topics: Facilitation of International Maritime
Traffic (FAL)
Question-Answer Prepared by Jaber Hossain BMAS(031)
1.What is FAL? Why does it matter?
When a ship comes in to port it may be the end of a voyage but it’s just the
beginning of a whole range of administrative tasks that need to be done.
Customs declarations for cargo and ships’ stores; immigration clearance for
crew and passengers and their baggage; import and export permits: these
are just the tip of the iceberg. And when the ship leaves, it’s the same
process all over again. This is what we call Facilitation of International
Maritime Traffic – or FAL for convenience.
Why does it matter?
FAL matters because, if it goes smoothly, shipments move more quickly,
more easily and more efficiently. But if it goes badly, delays, inefficiencies
and extra costs are inevitable. Statistics show that countries with more
efficient FAL infrastructure have better import and export figures. There’s a
clear link between reducing red tape and competitiveness. Efficient trade
facilitation can help reduce transport costs and thereby contribute to
sustainable development.
2.What do you know about FAL convention?
For international shipping, a unified, global approach to FAL is vital. These
activities are regulated and streamlined by an international treaty called the
FAL Convention. It’s been in force since 1967 but is kept continually
amended and updated by Governments at the FAL Committee of IMO –
which meets once a year at IMO’s London Headquarters.
The FAL Convention contains standards and recommended practices and
rules for simplifying formalities, documentary requirements and procedures
on ships’ arrival, stay and departure.
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Under the FAL Committee, IMO has developed standardized FAL


documentation for authorities and Governments to use, and the FAL
Convention urges all stakeholders to do this.
The FAL Convention makes it mandatory for ships and ports to exchange
FAL data electronically. The FAL Convention also encourages use of the
so-called “single window” concept in which all the many agencies and
authorities involved exchange data via a single point of contact.
3.How FAL interacts with Governments?
FAL is not just about ships and it’s not just about port authorities. There’s a
wide range of stakeholders in the FAL process and everyone needs to be
involved.
Governments are often represented at the FAL Committee by maritime or
port authorities. But customs, health, police, immigration, agriculture, and
defense authorities are all involved in the FAL process.
The FAL Convention recommends that Member Governments establish a
national facilitation committee, involving all stakeholders, to develop a
national facilitation program, adopt practical measures and make
recommendations.
Communication is vital. For the FAL process to work effectively, all
stakeholders must get involved and talk to each other, at both the national
and the international level. At the international level, the IMO FAL
Committee is where this happens.
Since April 2019, the FAL Convention makes it mandatory for ships and
ports to exchange FAL data electronically and encourages the use of the
so-called “single window” concept, in which all the many agencies and
authorities involved exchange data via a single point of contact.
The Explanatory Manual to the Convention on Facilitation of International
Maritime Traffic contains guidance and interpretation of the provisions of
the annex of the FAL Convention, assists in interpreting the legal text of the
provisions and provides for a greater understanding of the Convention. The
Manual was last reviewed and updated by FAL 43 in April 2019.
4.Write general structure of FAL Convention.
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The FAL Convention consists of 16 articles and one annex. The articles
contain, inter alia, general provisions, the scope of the convention, and the
notification and entry into force requirements.
The Annex of the FAL Convention contains the "Standards" and
"Recommended Practices" on formalities, documentary requirements and
procedures which should be applied on arrival, during their stay, and on
departure to the ships, their crews, passengers, baggage and cargo. It also
includes implementation procedures and appendixes that provide additional
information to the Convention. The structure of the Annex is as follows:
Definitions and general provisions;
Arrival, stay and departure of the ship;
Arrival and departure of persons;
Stowaways;
Arrival, stay and departure of cargo and other articles;
Public health and quarantine, including sanitary measures for animals and
plants;
Miscellaneous provisions.
Appendix 1 IMO FAL Forms
Appendix 2 Form of stowaway details referred to in Recommended
Practice 4.6.
5.What’s the recommended practices for the contracting governments
as per FAL convention?
The Convention defines standards as internationally-agreed measures
which are "necessary and practicable in order to facilitate international
maritime traffic" and recommended practices as measures the application
of which is "desirable". The Convention provides that any Contracting
Government which finds it impracticable to comply with any international
standard, or deems it necessary to adopt differing regulations, must inform
the Secretary-General of IMO of the "differences" between its own
practices and the standards in question. The same procedure applies to
new or amended standards. In the case of recommended practices,
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Contracting Governments are urged to adjust their laws accordingly but are
only required to notify the Secretary-General when they have brought their
own formalities, documentary requirements and procedures into full accord.
This flexible concept of standards and recommended practices, coupled
with the other provisions, allows continuing progress to be made towards
the formulation and adoption of uniform measures in the facilitation of
international maritime traffic.

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