INTERNATIONAL MARITIME ORGANIZATION

E
IMO

FACILITATION COMMITTEE
29th session
Agenda item 5

FAL 29/5
26 September 2001
Original: ENGLISH

EDI MESSAGES FOR THE CLEARANCE OF SHIPS

Customs clearance for a ship to depart a port
Submitted by Australia

SUMMARY
Executive summary:

This document proposes that the Committee consider the adoption of

a Recommended Practice for the electronic handling of the procedures
involved in granting a clearance for a ship to depart a port, and that
such a facility form part of the General Declaration.
The Recommended Practice also provides that where a country
currently requires to sight a departure clearance from a previous port
of call, this practice should be reviewed and eliminated as soon as
possible.

Action to be taken:

Paragraph 17

Related documents:

FAL 28/19, paragraphs 5.6, 5.8 and annex 3

Background
1
The documents that normally need to be presented to obtain a Customs clearance for a
ship to depart a port include:
.1

the seven FAL forms, plus

.2

the ship's register, evidence of payment of light dues, load line and various safety
certificates.

2
This paper is directed at addressing the documentary requirements mentioned in
paragraph 1.2 above, for which there are at present no electronic alternatives.
3
The procedure for granting clearance for a departing ship does not appear to be covered
by the existing Standards and Recommended Practices and there is no reference to the clearance
in any of the FAL forms.

For reasons of economy, this document is printed in a limited number. Delegates are
kindly asked to bring their copies to meetings and not to request additional copies.

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4
Paragraph 5.3 of the report of the twenty-eighth session of the Committee, notes that it
considered a document (FAL 28/7/2) submitted by Australia. The document proposed the
development of an electronic facility for verifying that a ship has a valid register, evidence of
payment of light dues, and valid loadline and other certificates required to obtain a clearance
(usually issued by Customs) for a ship to depart a port. That clearance should form part of the
General Declaration and be accepted by all customs authorities in electronic form.
5
In paragraph 5.8 of the report of FAL 28, the Committee expressed the opinion that the
current procedure for granting clearance for a departing ship should be examined, and
recommended that electronic means to deal with this procedure where applicable should be
introduced. Secondly, to further simplify procedures, where a country currently requires to sight
a departure clearance from a previous port of call, this practice should be reviewed to assess
whether it could be eliminated.
Comments
6
Information provided to Australia indicates that practices associated with the clearance
for a departing ship vary considerably between countries. Some do not require to sight the
clearance from the previous port of call, while others require the original paper document (duly
signed by a responsible authority) to be produced as part of the entry procedures.
7
Shipping companies in Australia consider that it would represent a great advance in the
facilitation of maritime traffic if all the formalities involved in obtaining a Customs clearance for
a ship to depart a port could be handled through the exchange of electronic messages.
8
The fact that at least some procedures and documents required for the outwards clearance
of a ship may have to be handled in paper form, detracts significantly from the value that the
maritime industry could obtain from investing in electronic commerce systems.
9
The Netherlands has adopted a practice of including in the General Declaration at arrival
a box called act of settlement whereby the Customs declares that all formalities in relation to
goods on board have been accomplished. For departure there is another box on the General
Declaration form called act of clearance whereby the Customs declares that harbour fees, light
dues etc. have been paid and that the ships register and various other certificates are in order.
The act of clearance serves, amongst other things, as a clearance for a ship to depart a port.
10
The arrangement for having an act of clearance type box in the General Declaration has
the distinct advantage of serving as the document giving the clearance for a ship to depart a port
without the need for creating a new FAL Form. It is suggested that other countries consider
adopting a similar process.
Authentication
11
The need and extent for the authentication of documents sent in electronic form will
depend on the circumstances of particular situations including:
.1

nature of the information being transmitted and what is the likelihood of the
sender providing false information; and

.2

what are the consequences of an incorrect statement.

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12
At the present time there are a significant number of countries including Australia, that
accept electronic cargo declarations/manifests which are used for calculating matters such as
customs duties and payments to port authorities (e.g., wharfage). Very large sums of money are
collected on the basis of such declarations, with the authorities concerned generally adopting risk
management measures to deal with the possibility of false information being submitted.
13
Risk management arrangements can include spot checks or audits of random samples of
declarations with heavy fines imposed if false information is found.
14
If some public authorities consider that the level of authentication provided by a written
signature is required, then facilities exist for the use of digital signatures that can be placed on
electronic documents.
15
In respect of the processes associated with obtaining a customs clearance for a ship to
depart a port, it is expected that there will be differences of opinion on the level of authentication
required, if such processes were to be handled through the exchange of electronic messages. In
considering this matter it is suggested that the following points be taken into account:
.1

the risks and motivation for providing false information; and

.2

that standardisation of practices between countries would contribute significantly

to the facilitation of maritime traffic and the objectives of the FAL Convention.

16
In respect of point 15.1 above, Australia considers the risk to be relatively low, and that
random checks with penalties for giving false information should be sufficient for encouraging a
high level of compliance with the relevant requirements.
Action requested of the Committee
17
On the assumption that it may take some time for current practices concerning clearance
for a departing ship to be reviewed and new arrangements for electronic reporting to be accepted,
it may be best to consider the adoption of a Recommended Practice in the first instance. The
following is put forward for the Committee's consideration:
Recommended practice (Under Section 2 of the Annex to the FAL Convention)
In respect of procedures for obtaining a clearance for a ship to depart a port, public
authorities should:
(a)

accept in electronic form an additional entry in the General Declaration for

departures (FAL Form 1) confirming that a ship has paid the required harbour
fees, light dues etc., and that the ships register and various other certificates are in
order, and that all other requirements for departure have been complied with;

(b)

provide the clearance to depart a port in electronic form, which should be included
as an additional entry in the General Declaration for departures (FAL Form 1);
and

(c)

where a country currently requires to sight a departure clearance from a previous

port of call, this practice should be reviewed and eliminated as soon as possible.
___________

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