INTERNATIONAL STANDARDSn AND RECOMMENDED PRACTICES FACILITATION ANNEX 9
INTERNATIONAL CIVIL AVIATION ORGANIZATION International Standards and Recommended Practices FACILITATION Published by authority of the Council of ICAO Second Edition - 1 March 1953 Incorporates amendment adopted by Council 7 November 1952. Supersedes previous edition of Annex 9. TABLE OF CONTENTS CHAPTER 1.-Definitions and Appli- cability ......................... 3 CHAPTER 2.-Entry and Departure .................... of Aircraft.. 4 A.-Description, Purpose and Use .... of Aircraft Documents.. 4 ...... B.-Outbound Procedures.. 4 ....... C.-Inbound Procedures.. 4 D.-Consecutive Stops at two or more International Airports in the same Contracting State ..................... 5 E.-Completion of Aircraft Docu- ments .................... 5 F.-Arrangements concerning other than Scheduled Internation- al Air Services. ........... 5 CHAPTER 3.-Entry and Departure of Persons ...................... 5 A.-Passenwr and Crew ocu-' - ments .................... 5 B.-Entry Requirements and Pro- ................... cedures 5 C.-De arture Requirements and ................ brocedures 6 D.-Completion of Passenger and ........ Crew Documents.. 6 E.-Custody and Care of Passen- ........... gers and Crew.. 6 CHAPTER 4.-Entry and Departure of Cargo and other Articles. ........ 7 A.-Cargo Documents. .......... 7 B.-Entry Requirements and Pro- ............... cedures.. . 7 C.-Exit Requirements and Pro- cedures ................... 7 D.-Cargo and other Articles not unladen at Intended Desti- .................... . nation 7 E.-Custody and Care of Cargo ........ and other Articles. 8 F.-Aircraft Equipment, Spare Parts, Stores and Ground ............... Equipment. CHAPTER 5.-Traffic passing through the Territory of a Contracting State CHAPTER 6.-Customs-free Airports and Customs - free Trade Zones. . CHAPTER 7.-Landing elsewhere than ......... at International Airports. CHAPTER 8.-Sanitation, Medical Ser- vices and Agricultural Quarantine. CHAPTER 9.-Monetary Exchange Facilities. ...................... CHAPTER 10.-Facilitation of Search, ............ Rescue and Salvage.. CHPTER 1 1 .-Miscellaneous Provi- sions ........................... A.-Bonds and Exemption from .... Requisition or Seizure. B.-Errors in Documentation and ........ Penalties Therefor. C.-Space, Facilities and Services .. at International Airports. Appendix 1.-General Declaration Aendix 2.-Passenger Manifest A. separate. ...... . ........... Appendix 3.-Embarkation/Dis- ........... embarkation Card.. Appendix 4.-Cargo Manifest sep- arate ........................ Appendix 5.-International Passen- ger Baggage Declaration. ....... Appendix 6.-International Certifi- cates of Vaccination or Revacci- nation ........................ Appendix 7.-Crew Member Cer- tificate ....................... Appendix 8.-International Cargo Invoice. ...................... FORE WORD Introduction This document contains Standards and Recommended Practices adopted by the International Civil Aviation Organi- zation pursuant to the provisions of Article 37 of the Convention on Interna- tional Civil Aviation Chicago 1944. Standards and Recommended Practices on Facilitation were first adopted by the Council on 25 March 1949, and desig- nated as Annex 9 to the Convention. Prior to the Annex becoming effective on 1 Sep- tember 1949, it was submitted to each Contracting State together with a copy of the Resolution of Adoption for the pur- pose of notification of any disapproval, in whole or in part, under Article 90 of the Convention. These Standards and Recom- mended Practices came into force on 1 March 1950. Amendment No. 1, which is incor- porated in the present second edition, was adopted by the Council on 7 Novem- ber 1952, became effectivs on 1 March 1953, and comes into force on 1 July 1953. The procedure for notification of disap- provals by States has been followed with respect to this amendment. The present second edition therefore gives the text of Annex 9 in force from 1 July 1953. J The Standards and Recommended Practices as now presented have under- gone the following stages of development. In February 1946 the FAL Division, at its first session iff Montreal, made recom- mendations for Standards and Recom- mended Practices on Facilitation. These were further developed at the second ses-
Annex 9-Facilitation sion of the Division in June 1948 at Geneva, and after a review by the Air Transport Committee were adopted by the Council in March 1949 as Annex 9 to the Convention. At its third session, in December 1951 in Buenos Aires, the Di- vision made proposals for the amendment of Annex 9. After review by the Air Trans- port Committee these proposals were cir- dated to States for comment. In the light of the replies received from States further development was undertaken by the Air Transport Committee, and the resulting proposals were adopted by the Council in November 1952 as Amendment No. 1 to the Annex. . The FAL Standards and Recom- mended Practices are the outcome of Article 37 of the Convention, which pro- vides inter alia that the "International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with. . . customs and immigration procedures . . . and such other matters concerned with the safety, regularity and efficiency of air navigation as may from time to time appear appropriate". The policy with respect to the implementation by States of the FAL Standards and Recommended Practices is strengthened by Article 22 of the Convention, which ex- presses the obligation accepted by each Contracting State "to adopt a11 practic- able measures, through the issuance of special regulations or otherwise, to facili- tate apd expedite navigation by aircraft between the territories of Contracting States, and to prevent unnecessary delays to aircraft, crews, passengers, and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance", and by Article 23 of the Convention, which expresses the undertaking , of each Contracting State "so far as it may find practicable, to estab- lish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time pursuant to this Convention". A number of other articles of the Con- vention have special pertinence to the provisions of the FAL Annex and have been taken into account in its preparation. In particular, persons responsible for the implementation of the provisions of this Annex should be familiar with the follow- ing articles in addition to Articles 22 and 23 Article 10, Landing at Customs Airport The FAL Standards and Recom- mended Practices inevitably take two forms first, a "negative" form, e.g., that States shall not impose more.than certain maximum requirements in the way of paper work, restrictions of freedom of movement, etc., and second, a "positive" form, e.g., that States shall provide cer- tain minimum facilities for passenger con- venience, for traffic which is merely pass- ing through, etc. Whenever a question arises under a "negative" provision, it is assumed that States will, wherever pos- sible, relax their requirements below the maximum provided in the Standards and Recommended Practices. Wherever there is a "positive" provision, it is assumed that States will, wherever possible, furnish more than the minimum provided in the Standards and Recommended Practices. Definitions The Council has promulgated the following definitions of the terms "Stand- ard" and "Recommended Practice" which are applicable to this Annex Standard Any specification, the uni- form observance of which has been recognized as practicable and as neces- sary to facilitate and improve some as- pect of international air navigation, which has been adopted by the Council pursuant to Article 541 of the Con- vention, and in respect of which non- compliance must be notified by States to the Council in accordance with Article 38 Recommended Practice Any specifica- tion, the observance of which has been recognized as generally practicable and as highly desirable to facilitate and im- prove some aspect of international air navigation, which has been adopted by the Council pursuant to Article 541 of the Convention, and to which Con- tracting States will endeavour to con- form in accordance with the Conven- tion. Notes which do not alter the meaning of the Standards and Recommended Prac- Article 11, Applicability of Air Regula- tions Article 13, Entry and Clearance Regula- tions Article 14, Prevention of Spread of Diseases Article 16, Search of Aircraft Article 24, Customs Duty Article 29, Documents Carried in Air- craft. ties have been included in certain cases where it was necessary to clarify an inten- tion, to stress a particular point or to indi- cate that a particular question is under study. Implementation of Annex It is expected that by 1 July 1953, the date of implementation of the Annex including Amendment No. 1, States will have introduced its provisions into their national usages. The following Resolution adopted by the Council on 13 April 1948 urges Contracting States to use in their own regulations, as far as practicable, the precise language of those ICAO Standards that are of a regulatory character WHEREAS many of the benefits of international standardization of prac- tices and of regulatory requirements may be lost through diversity of form and arrangement in the publications through which they are promulgated in the various States and WHEREAS it is desirable that those engaged in international air navigation should be freed to the greatest possible extent from the necessity of detailed examination of national laws and regulations upon crossing international boundaries I THE COUNCIL RESOLVES THAT 1 Contracting States be, and they are hereby urged, in complying with ICAO Standards which are of a regu- latory character, to introduce the text of such Standards into their national regu- lations, as nearly as possible. in the wording and arrangement employed by I CAO 2 where a Contracting State finds it necessary to depart from the ICAO text, it limits such departure to an absolute minimum 3 in any regulations or other publi- cations based upon ICAO Standards or other recommendations, Contracting States indicate conspicuously their re- lationship to the ICAO text and the ex- tent and substantive effect of any differ- ences between the national text and its ICAO prototype. Language The Standards and Recommended Practices on Facilitation, being an Annex
Annex 9-Facilitation 3 to the Convention, exist and are officially circulated in three languages - English, French and Spanish. Authorized agent. A responsible person who represents an operator and who is authorized by or on behalf of such operator to act on all formalities connected with the entry and clearance of the operator's air- craft, crew, passengers, cargo, mail, bag- gage or stores. Embarkation. The boarding of an air- craft for the purpose of commencing a flight, except by such crew or passengers as have embarked on a previous stage of the same through-flight. Pursuant to Council action on 6 December 1948, each Contracting State has been requested to select one of those texts for the purpose of national imple- mentation and for other effects provided for in the Convention, either through direct use or through translation into its own national language, and to notify the Organization accordingly. Flight crew member. A licensed crew member charged with duties essential to the operation of an aircraft during flight time. Baggage. Personal property of passen- gers or crew carried on an aircraft by agreement with the operator. Ground Equipment. Articles of a special- ized nature for use in the maintenance, repair and servicing of an aircraft on the ground, including testing equipment and cargo-,and passenger-handling equipment. Cargo. Any property carried on an air- craft other than mail, stores and baggage. Editorial Note Crew. Those persons assigned by an operator to duties on an aircraft during flight time. The following practice has been ad- hered to in order to indicate at a glance the status of each rovision Standards International airport. Any airport desig- nated by the Contracting State in whose territory it is situated as an airport of entry and departure for international air traffic, where the formalities incident to customs, immigration, public health, agri- cultural quarantine and similar procedures are carried out. have been printed in light face roman Recommended Practices have been printed in light face italics, the status being indicated by the prefix RECOMMENDATION Notes have been printed in light face italics, the status being indicated by the prefix Note. Customs-free airport. Any international airport at which, provided they remain within the designated boundaries of the airport until removal by air to a point out- side the territory of the State, crew, pas- sengers, baggage, cargo, mail and stores may be disembarked or unladen, may re- Lading. The placing of cargo, mail, bag- gage or stores on board an aircraft to be carried on a flight, except such cargo, mail, baggage or stores as have been laden on a previous stage of the same through-flight. Any reference to a portion of this main and may be trans-shipped, without document, which is identified by a num- being subjected to customs charges or ber, includes a11 subdivisions of such duties, but where customs examination portion. , may be carried out in special circumstan- ces. Mail. Dispatches of correspondence and other objects tendercd by and intended for delivery to postal administrations. Customs-free trade zone. An area where goods, merchandise or baggage may be de- posited, stored, packed, processed or sold, and from which they may be removed to a point outside the territory of the State without being subjected to customs charges or duties, but where customs examination may be carried out in special circumstances. Operator. A person, organization or en- terprise engaged in or offering to engage in an aircraft operation. STANDARDS AND RECOMMENDED PRACTICES Pilot-in-command. The pilot responsible for the operation and safety of the aircraft during flight time. Chapter 1. - Definitions and Applicability Direct transit area. A special area estab- lished in connection with an international airport, approved by the public authorities concerned and under their direct super- vision, for accommodation of traffic which is pausing briefly in its passage through the Contracting State. Public authorities. The agencies or offi- cials of a Contracting State responsible for the application and enforcement of the particular laws and regulations of that State which relate to any aspect of these Standards and Recommended Practices. A. - Definitions When the following terms are used in the Standards and Recommended Prac- tices on Facilitation, they have the fol- lowing meanings Direct transit arrangements. Special ar- rangements approved by the public authorities concerned by which traffic which is pausing briefly in its passage through the Contracting State may re- main under their direct control. Spare Parts. Articles of a repair or re- placement nature for incorporation in an aircraft, including engines and propellers. Aircraft Equipment. Articles, other than stores and spare parts of a removable nature, for use on board an aircraft during flight, including first-aid and survival equipment. State of Registry. A Contracting State on whose register the aircraft is entered. Airline. As provided in Article 96 of the Disembarkation. The leaving of an air- Convention, any air tiansport enterprise craft after a landing, except by crew or offering or operating a scheduled interna- passengers continuing on the next stage tional air service. of the same through-flight. Stores. Articles of a readily consumable nature for use or sale on board an aircraft during flight, including commissary sup- plies.
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