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Mandatory electronic data exchange for international shipping adopted

Briefing: 11/04/2016  (IMO)

Mandatory requirements for the electronic exchange of information on cargo, crew and passengers have been adopted by the International Maritime Organization (IMO), as part of a revised and modernized annex to the Convention on Facilitation of International Maritime Traffic (FAL).

The new standard relating to the obligation of public authorities to establish systems for the electronic exchange of information, within a period of three years after the adoption of the amendments, is among important changes in the revised Annex, which is expected to enter into force on 1 January 2018, under the tacit acceptance procedure.

There will be a transitional period of 12 months from the date of the introduction of such systems to make  electronic transmission mandatory, during which period paper and electronic documents would be allowed. 

A new recommended practice encourages the use of the "single window" concept, to enable all the information required by public authorities in connection with the arrival, stay and departure of ships, persons and cargo, to be submitted via a single portal without duplication. 

Other revised standards cover shore leave and access to shore-side facilities for crew, including the addition of a paragraph in the standard to say that there should be no discrimination, in respect of shore leave, on grounds of nationality, race, colour, sex, religion, political opinion, or social origin, and irrespective of the flag State of the ship on which seafarers are employed, engaged or work.

Standards and recommended practices relating to stowaways are also updated, to include references to relevant sections of the International Ship and Port Facilities' Security (ISPS) Code. A new standard requires Governments, where appropriate, to incorporate into their national legislation legal grounds to allow prosecution of stowaways, attempted stowaways and any individual or company aiding a stowaway or an attempted stowaway with the intention to facilitate access to the port area, any ship, cargo or freight containers.