Comprehensive review to the Annex of the Facilitation Convention (Coordinated by France)

1.  The U.S. POC is Mr. David Du Pont.

2.  Terms of Reference (from FAL 37/17, paragraph 4.41) 

4.41 The Committee approved the following Terms of reference for the intersessional Correspondence Group on the comprehensive review to the Annex of the Convention, under the coordination of France which should:

.1 make further progress on the general revision of the Annex to the FAL Convention;

.2 identify the scope for harmonizing the provisions of the Annex to the Convention with the current security requirements of relevant IMO instruments;

.3 take into account the areas of review as identified by the Committee at earlier sessions and which are outlined in document FAL 36/4;

.4 identify duplicative requirements of pre-arrival notifications for cargo-security and passenger information purposes and advance arrival/departure notification, and make recommendations for harmonization of these various requirements;

.5 identify outdated provisions in the current Standards and Recommended Practices taking into account the incorporated requirements of other international conventions, for example in Section 5 part C, Standard 7.4 and Recommended Practice 6.2;

.6 investigate the need to develop new definitions which, inter alia, could include definitions for "declarant" or "stuffing of containers" bearing in mind the current globally used industry's terminology;

.7 identify the changes needed to align the FAL forms with the proposed changes of Standards 2.6.1 (Crew List) and 2.7.3 (Passenger List);

.8 consider the remaining issues identified by MSC 88 which are:

  .1 augmenting information associated with the impact of stowaways on issues related to     safety, and specifically the available capacity of life-saving appliances provided on board and the total number of persons permitted; and

   .2 systematically reviewing the words "return" and "remove";

.9 consider FAL.6/Circ.13 on Facilitation in avoiding safety threatening conditions;

.10 take into account the identified areas for amendment of the Explanatory Manual as set out in paragraph 6 of document FAL 37/WP.5 and in the course of the review of the Annex to the Convention, identify further guidelines that need to be included in the Explanatory Manual;

.11 consider whether privately contracted armed security personnel (PCASP) should be classed as supernumeraries, rather than as crew or passengers as provided in the Convention, and the need for harmonization with other international instruments (FAL 37/WP.7, paragraph 4.8); and

.12 submit its report to the next session of the Committee listing the contributing States and organizations in consultative status that participated in the Correspondence Group as well indicating the author of any draft proposal in the revised text of the Annex to the Convention.

3.  Plan/Supplementary information

This Correspondence Group is coordinated by France.  Input is provided on a mark-up of the Annex to the FAL Convention.  France has sought input during this intersessional period through a series of comments periods.  The final opportunity to comment will likely take place for this intersessional period in late Nov/early Dec 2012.  The Correspondence Group report must be submitted by France to the IMO Secretariat no later than 04 Jan 2013 (per FAL 38/1 Provisional Agenda).

4.  Reference Documents

FAL.3/Circ.202 -- Explanatory Manual to the Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL Convention)

FAL.3.Circ.202/Corr.1 –- Corrigendum to the Explanatory Manual

FAL.5/Circ.35 -- Revised IMO Compendium on facilitation and electronic business

FAL.5/Circ.36 -- Guidelines for setting up a Single Window system in maritime transport

5.  Draft Correspondence Group Materials

     Draft revision to the Annex to the FAL Convention.