Supplement to Annex 9

12/12/08

Transmittal Note

SUPPLEMENT TO

ANNEX 9 — FACILITATION

(Twelfth Edition)

1. The attached Supplement supersedes all previous Supplements to Annex 9 and includes differences notified by

Contracting States up to 12 December 2008 with respect to all amendments up to and including Amendment 20. 2. The Supplement should be inserted at the end of Annex 9, Twelfth Edition. Additional differences received from

Contracting States will be issued at intervals as amendments to this Supplement.

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SUPPLEMENT TO ANNEX 9 — TWELFTH EDITION

FACILITATION

Differences between the national regulations and practices of Contracting States and the corresponding International Standards and Recommended Practices contained in Annex 9, as notified to ICAO in accordance with Article 38 of the Convention on International Civil Aviation and the Council’s resolution of 21 November 1950.

DECEMBER 2008

I N T E R N A T I O N A L C I V I L A V I A T I O N O R G A N I Z A T I O N

(ii) SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

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RECORD OF AMENDMENTS

No. Date Entered by No. Date Entered by

AMENDMENTS TO ANNEX 9 ADOPTED OR APPROVED BY THE COUNCIL SUBSEQUENT TO THE TWELFTH EDITION ISSUED JULY 2005

No.

Date of adoption or

approval Date

applicable No.

Date of adoption or

approval Date

applicable

20 20/11/2006 15/7/2007

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) (iii)

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1. Contracting States which have notified ICAO of differences The Contracting States listed below have notified ICAO of differences which exist between their national regulations and practices and the International Standards and Recommended Practices of Annex 9, Twelfth Edition, up to and including Amendment 20, or have commented on implementation. The page numbers shown for each State and the dates of publication of those pages correspond to the actual pages in this Supplement.

State Date of

notification Pages in

supplement Date of

publication

Australia 9/7/07 1-3 12/12/08 Brazil 26/3/07 1-2 12/12/08 Canada 10/9/07; 3/12/08 1-3 12/12/08 China 13/6/07 1-2 12/12/08 China (Hong Kong SAR) 11/6/07 1-2 12/12/08 Czech Republic 29/6/07 1 12/12/08 Denmark 8/6/07 1 12/12/08 Finland 8/8/07 1-3 12/12/08 Germany 29/8/08 1-2 12/12/08 Japan 18/6/07 1-3 12/12/08 New Zealand 11/6/07 1 12/12/08 Paraguay 22/5/07 1-3 12/12/08 Peru 16/2/07 1 12/12/08 Serbia 21/3/07 1 12/12/08 Slovakia 12/7/07 1 12/12/08 Sweden 15/6/07 1-2 12/12/08 Switzerland 6/3/07; 16/4/07 1 12/12/08 Thailand 20/12/07 1-2 12/12/08 Turkey 21/3/07 1 12/12/08 United Kingdom 13/6/07 1-4 12/12/08 Uruguay 30/11/07 1 12/12/08 Uzbekistan 13/8/08 1 12/12/08

(iv) SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

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2. Contracting States which have notified ICAO that no differences exist

State Date of

notification State Date of

notification

Bahrain 3/6/07 Jamaica 17/4/07 Barbados 11/10/07 Oman 13/5/07 Egypt 5/4/07 Pakistan 16/7/07 Fiji 11/6/07 Venezuela 15/3/07 Ireland 27/6/07 3. Contracting States from which no information has been received Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Austria Azerbaijan Bahamas Bangladesh Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Cape Verde Central African Republic Chad Chile Colombia Comoros Congo Cook Islands Costa Rica Cote d’Ivoire Croatia Cuba

Cyprus Democratic People’s Republic of Korea Democratic Republic of the Congo Djibouti Dominican Republic Ecuador El Salvador Equatorial Guinea Eritrea Estonia Ethiopia France Gabon Gambia Georgia Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland India Indonesia Iran (Islamic Republic of) Iraq Israel Italy Jordan Kazakhstan Kenya Kiribati

Kuwait Kyrgyzstan Lao People’s Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia (Federated States of) Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands Nicaragua Niger Nigeria Norway Palau Panama

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) (v)

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Papua New Guinea Philippines Poland Portugal Qatar Republic of Korea Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal

Seychelles Sierra Leone Singapore Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Syrian Arab Republic Tajikistan The former Yugoslav Republic of Macedonia Timor-Leste

Togo Tonga Trinidad and Tobago Tunisia Turkmenistan Uganda Ukraine United Arab Emirates United Republic of Tanzania United States Vanuatu Viet Nam Yemen Zambia Zimbabwe

4. Paragraphs with respect to which differences have been notified

Paragraph Differences notified by Paragraph

Differences notified by

Chapter 1 Definitions Australia Brazil Paraguay 1.5 China (Hong Kong SAR) Chapter 2 2.5 Japan 2.7 Thailand 2.9 Uruguay 2.10 China (Hong Kong SAR) Finland Japan Paraguay 2.12 Denmark Finland Japan Paraguay United Kingdom 2.13 Canada China (Hong Kong SAR) Paraguay 2.19 Finland Germany Japan

Sweden United Kingdom 2.21 Canada 2.24 Australia 2.27 Australia 2.28 Australia 2.30 Australia 2.31 Finland 2.32 Canada Finland 2.34 Canada Finland 2.36 Canada 2.37 Canada Serbia 2.38 China (Hong Kong SAR) 2.41 Finland Sweden 2.43 Brazil Czech Republic Denmark Japan Thailand Chapter 3 3.3 Paraguay

(vi) SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)



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3.4 Denmark China Finland Paraguay 3.5 Japan 3.9 Japan Paraguay Switzerland 3.10 China (Hong Kong SAR) Denmark Paraguay 3.10.1 Finland Japan Paraguay 3.11 Brazil Japan Paraguay Serbia 3.12 Brazil Czech Republic Sweden 3.14.1 Denmark 3.15 China Serbia Turkey 3.16 Denmark Paraguay 3.17 Uzbekistan 3.18 Thailand Uzbekistan 3.21 Australia New Zealand 3.23 Canada Denmark Finland Japan Serbia 3.24 Brazil Canada China (Hong Kong SAR) Denmark Finland Japan Paraguay 3.25 Brazil Japan Paraguay 3.26 Australia Brazil

Japan New Zealand Thailand United Kingdom 3.27 Australia China (Hong Kong SAR) Denmark Japan 3.29 Japan Thailand United Kingdom 3.30 Sweden 3.32 Paraguay Switzerland 3.38 Germany United Kingdom 3.43 Canada 3.44 Canada Japan United Kingdom 3.45 Canada Japan 3.46 China 3.47 Denmark Paraguay Serbia Switzerland 3.47.1 Paraguay United Kingdom 3.47.2 Australia Thailand United Kingdom 3.47.3 China Thailand 3.49 Canada 3.50 Brazil Canada New Zealand Paraguay 3.52 Thailand United Kingdom 3.53 Uzbekistan 3.58 Australia Finland 3.59 Canada Denmark 3.60 Finland United Kingdom 3.61 Canada

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3.67 Australia Czech Republic Paraguay Sweden United Kingdom 3.68 Finland Paraguay Serbia Thailand United Kingdom 3.68.1 United Kingdom 3.69.1 Australia 3.71 Australia China China (Hong Kong SAR) New Zealand Switzerland 3.71.1 Australia China Switzerland Thailand United Kingdom 3.72 United Kingdom 3.73 China Finland United Kingdom 3.74 Finland Paraguay Serbia Sweden Thailand 3.75 Finland Sweden United Kingdom 3.76 Finland United Kingdom Chapter 4 4.2 Canada Finland Germany United Kingdom 4.3 Finland Germany Sweden United Kingdom 4.5 Paraguay 4.6 Paraguay

4.7 Paraguay 4.8 China (Hong Kong SAR) Paraguay 4.12 Canada 4.13 Canada Germany Sweden United Kingdom 4.16 Germany 4.20 Germany Serbia Sweden United Kingdom 4.21 Japan 4.22 Finland Germany Sweden United Kingdom 4.24 Czech Republic Finland Germany United Kingdom 4.26 Czech Republic 4.27 China (Hong Kong SAR) Finland Germany Sweden United Kingdom 4.29 Germany United Kingdom 4.30 Finland Germany United Kingdom 4.31 New Zealand Sweden 4.33 China (Hong Kong SAR) 4.34 Finland Germany Sweden United Kingdom 4.35 China (Hong Kong SAR) New Zealand 4.36 China (Hong Kong SAR) 4.37 China (Hong Kong SAR) 4.38 China (Hong Kong SAR) 4.39 Canada China (Hong Kong SAR) New Zealand 4.40 China (Hong Kong SAR)

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4.41 China (Hong Kong SAR) Japan 4.42 China (Hong Kong SAR) New Zealand 4.43 China (Hong Kong SAR) 4.49 China (Hong Kong SAR) 4.51 Sweden Chapter 5 5.3 China (Hong Kong SAR) 5.4 Canada United Kingdom 5.5 Australia 5.6 Australia 5.8 China (Hong Kong SAR) 5.9 Japan 5.9.1 China Finland Japan Switzerland Thailand United Kingdom 5.11 China China (Hong Kong SAR) Finland United Kingdom 5.12 China 5.14 Australia Brazil Canada China China (Hong Kong SAR) Thailand United Kingdom 5.18 China Finland Japan Thailand 5.19 China China (Hong Kong SAR) Japan Paraguay 5.21 Japan 5.26 Brazil China United Kingdom 5.27 Brazil China (Hong Kong SAR)

United Kingdom 5.29 Brazil Chapter 6 6.5 Japan Paraguay 6.6 Paraguay 6.7.1 Paraguay 6.17 Paraguay 6.18 Paraguay 6.20 Paraguay 6.24 Paraguay 6.32 Finland 6.35.2 Paraguay 6.37 United Kingdom 6.41 Paraguay 6.49 United Kingdom 6.51 Paraguay 6.56 Paraguay 6.57 Peru 6.58 United Kingdom 6.60 United Kingdom 6.60.1 Thailand 6.62 Japan Paraguay Chapter 7 7.3.3 Finland Chapter 8 8.1 Canada 8.3 Canada 8.3.1 Japan 8.3.2 Brazil Japan 8.4 Canada 8.12 Slovakia 8.13 Slovakia 8.14 Slovakia 8.15 Australia New Zealand Slovakia 8.15.1 Australia 8.16 Australia Paraguay Slovakia

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) (ix)



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8.17 Serbia Sweden Switzerland 8.18 Sweden Switzerland 8.18.1 Switzerland 8.19 Serbia United Kingdom

8.20 United Kingdom 8.21 United Kingdom Appendix 11 Australia Paraguay Appendix 13 Australia China Paraguay

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) AUSTRALIA 1

* Recommended Practice

12/12/08

CHAPTER 1 Definitions Commencement of journey. The definition of the term “commencement of journey” is problematic.

Australia has arrangements whereby transit passengers can join a domestic flight in order to board an international flight out of Australia. Those passengers still fall within the definition of direct transit passengers and should not be taken to have commenced their journey from Australia.

Deportee. The definition of the term “deportee” is problematic. Under Australia’s migration

legislation a “deportee” means a person in respect of whom a deportation order is in force. Deportation orders are served on persons, but only on persons who entered Australia lawfully as permanent residents. Persons entering Australia unlawfully cannot, as a matter of Australian law, be served with a “deportation order”.

Removal order. Under Australia’s Migration Act a person is removed from Australia by operation of

law. Accordingly the reference to “removal order” has no bearing on the process of removing a person from Australia as one is not required by law. However, as a matter of administrative practice a notice is given to the operator before a person is removed.

CHAPTER 2 2.24 Aircraft cabins should be treated by top-of-descent, pre-embarkation or residual disinsection in

accordance with the administrative requirements of the Australian Quarantine and Inspection Service.

2.27 The content and form of the disinsection certificates required by Australia differ from those set

forth in provision 2.27. 2.28 The content and form of the disinsection certificates required by Australia differ from those set

forth in provision 2.27. 2.30 If considered necessary by the Australian Quarantine and Inspection Service, all or any part of the

aircraft and the contents may be treated by disinfection and/or disinsection, after the aircraft lands at its first port of call in Australia.

CHAPTER 3 3.21* All non-citizen permanent residents are required to hold a valid visa. 3.26* Australia requires all travellers to complete an incoming and outgoing passenger card on each

arrival and departure. 3.27 The content and form of the Australian incoming and outgoing passenger cards differ from

Appendix 5. 3.47.2* This would be subject to contractors notifying the Australian authorities of any known systems

failure in advance of the departure of affected flights.

2 AUSTRALIA SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

* Recommended Practice 12/12/08

3.58 Australia’s direct transit policy limits the amount of time to be spent in transit facilities to up to eight hours for some countries.

3.67 The Australian Government does not provide crew member certificate (CMC) facilities. 3.69.1* Australia requires all crew to electronically register details with a crew travel authority. This

information is stored in a secure database. 3.71 The Australian Government maintains a universal, non-discriminatory, computerized visa system

that requires all non-Australian citizens, including those who have lawful permanent residence permits, to hold a visa before travelling to Australia.

3.71.1* The Australian Government maintains a universal, non-discriminatory, computerized visa system

that requires all non-Australian citizens, including those who have lawful permanent residence permits, to hold a visa before travelling to Australia.

CHAPTER 5 5.5 5.6

The reference to “removal order” has no bearing on the process of removing a person fromAustralia as one is not required by law. However, as a matter of administrative practice a notice is given to the operator before a person is removed.

5.14 Proof of negligence is not an element of defence in Australian immigration law when a carrier

brings an undocumented person to Australia. In practice, however, prosecution of services of an infringement notice is not initiated if the carrier was not negligent.

CHAPTER 8 8.15 Air traffic control is not the first point of contact at Australian airports for reporting a suspected

communicable disease. The current Australian practice is for the pilot-in-command of an aircraft to report a suspected communicable disease to their ground staff, who in turn notifies the Australian Quarantine and Inspection Service (AQIS). The airline agent and AQIS then facilitate the provision of any special medical personnel and equipment necessary for the management of public health risks upon arrival.

8.15.1* The current Australian health declaration card contains two health questions relating to avian

influenza, and contact information for while the person is in Australia, and emergency contact information. The Passenger Locator Card does not contain health questions, but contains contact information as provided on the health declaration card.

Australia will continue to use the health declaration card as its conduit for obtaining contact tracing

information for persons who may been exposed to a communicable disease. Future refinements to the health declaration card will consider the components of the Passenger Locator Card.

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) AUSTRALIA 3


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8.16 Existing Australian health initiatives, such as the Australian Health Management Plan for Pandemic Influenza (AHMPPI) and FLUBORDERPLAN, meets the ICAO requirement for a national aviation plan. While the focus of these plans deals with the management of pandemic influenza, the processes are equally applicable to management of other communicable diseases. With further consultations with the airport and airline industry scheduled, and communication networks becoming better developed, ongoing enhancements to the existing plans will ensure compliance is maintained.

Appendix 11 Existing Australian health initiatives, such as the Australian Health Management Plan for

Pandemic Influenza (AHMPPI) and FLUBORDERPLAN, meets the ICAO requirement for a national aviation plan. While the focus of these plans deals with the management of pandemic influenza, the processes are equally applicable to management of other communicable diseases. With further consultations with the airport and airline industry scheduled, and communication networks becoming better developed, ongoing enhancements to the existing plans will ensure compliance is maintained.

Appendix 13 The current Australian health declaration card contains two health questions relating to avian

influenza, and contact information for while the person is in Australia, and emergency contact information. The Passenger Locator Card does not contain health questions, but contains contact information as provided on the health declaration card.

Australia will continue to use the health declaration card as its conduit for obtaining contact tracing

information for persons who may been exposed to a communicable disease. Future refinements to the health declaration card will consider the components of the Passenger Locator Card.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) BRAZIL 1


12/12/08

CHAPTER 1 Definitions Visitor. In Brazil, the activity “study” will continue to be included in the set of legitimate non-

immigrant purposes listed in this definition. CHAPTER 2 2.43* For the clearance of general aviation aircraft and their loads, the participation of more than one

government inspection agency is required. CHAPTER 3 3.11* Brazil does not issue identity documents or visas accepted for travel purposes in machine-readable

form yet, as specified in Doc 9303 (series). 3.12 Not implemented. (In 2006, Brazil will begin issuing machine readable passports which will

conform to the specifications set forth in Doc 9303, Part 1 — Machine Readable Passports.) 3.24 Visas are valid for three months from the date of issuance. 3.25* Brazil does not issue visas in the format specified for the “visual zone” in Doc 9303, Part 2. 3.26* Brazil will continue to require information in writing supplementary to that presented in the

identity documents on the embarkation/disembarkation card (E/D card), for entry/departure control purpose. A foreign passenger and/or crew member shall hand the E/D card to the immigration official upon entry.

3.50 Brazilian customs authorities might require, as necessary, a written declaration of baggage from

passengers and crew upon arrival. CHAPTER 5 5.14 The Brazilian immigration authority may fine aircraft operators in cases where persons are found

to be improperly documented upon arrival. 5.26 Brazilian emission of passports is regulated by the Travel Statute which was established by the

Decree #1.983/1996. According to this piece of legislation, under article 19, the request of a passport shall be made on a specific application form, which will be signed by the party concerned. If the applicant is legally incapable of signing it, the form should be signed by the applicant’s legal representative. The passport cannot be issued at the request of a third party.

5.27 According to Brazilian legislation, the signing of the form and the travel document by the

applicant or the applicant’s legal representative is indispensable. Without such signature, the passport will not be granted.

5.29 The Brazilian Government shall not refuse to grant a travel document to any of its nationals so

long as the request is made by the national himself/herself through the signed application.

2 BRAZIL SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


CHAPTER 8 8.3.2* Brazilian legislation does not require entrance visas for search and rescue and aircraft accident

investigation personnel. At the discretion of the immigration authority a “conditional disembarkation” will be allowed on a case-by-case basis.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CANADA 1


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CHAPTER 2 2.13 Canadian customs regulations require that all air carriers report cargo either on an IATA standard

format air waybill or on the official national customs cargo control document. 2.21 A penalty can be applied if any error were found in such documents. Details of provision of

information can be found in the Customs Act. 2.32 Operators of commercial non-scheduled (charter) flights must either notify and/or seek prior

authorization from the Canadian Transportation Agency. Flight authorization must also be sought from Transport Canada.

2.34 It is the air carrier’s responsibility to provide border inspection agencies with the notice of

intended landing. 2.36 A fee of CDN$100 is payable when an operator makes the required application for flight authority

validation. 2.37* Canada also requires notification of dangerous goods and agricultural products when applying for

a flight authorization. In the case of foreign state aircraft, the Minister of Transport may request a copy of the equivalent operations specification(s) issued by the regulating authority, and any other document the minister deems necessary to ensure that the intended operation will be conducted safely.

CHAPTER 3 3.23* Canada reserves the right to require visitor visa applicants to appear at a Canadian Consulate for

an interview. 3.24 Some visitors may be issued single entry visas valid for less than six months. 3.43 3.44*

In Canada, the aircraft operator is required to be present and hold disembarking passengers andcrew until the examination has ended.

3.45 Canada may require an operator to transport a crew member from Canada even if the crew

member was legally authorized to enter. 3.49 Most passengers are authorized to enter Canada following a single examination. Some passengers

are sent for a secondary examination, in which case they will be required to present their identifying documents again. Canada reserves the right to examine identity documents at any time following arrival until the passenger exits the airport.

3.50 The Canada Border Services Agency requires a written declaration of any goods acquired abroad

or purchased in a Canadian duty-free shop that are contained in baggage whether or not they are dutiable or restricted.

2 CANADA SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


3.59 Canada allows persons to transit without a visa where a carrier has a memorandum of understanding (MOU) to allow foreign nationals from specific countries to transit Canada. Where no MOU exists, passengers from countries requiring a visa need to obtain a visa in order to transit through Canada. One exception is refuelling stops, providing certain conditions are met. There is no fee for transit visas.

3.61 If mishandled baggage includes baggage which was delivered to the owner and not reported to

customs by the air carrier, national legislation in Canada provides for the assessment of penalties in such cases.

CHAPTER 4 4.2* Although the regulations pertaining to both air and surface transportation are the same, the

procedures differ. As an example, air freight that travels solely by air may be reported to customs at the airport of final destination. Freight that is covered by an air waybill but is trucked across the border must be reported to customs at the border crossing before it can be moved to the airport of destination.

4.12 The Canada Border Services Agency regulations require the owner or person in charge of the

conveyance to send advance conveyance and cargo information that contains additional data to the Cargo Manifest and an IATA air waybill. Details of advance information required prior to arrival in Canada, and corresponding manner and timeframes prescribed are contained in the Canada Border Services Agency’s Reporting of Imported Goods Regulations.

4.13 The Canada Border Services Agency legislation places the obligation on the owner or person in

charge of the conveyance to ensure that advance conveyance and cargo information, under advance commercial Information initiative, requirements are met, and the owner or person in charge of the conveyance may be held responsible, fined or penalized for inaccuracies or omissions of facts shown on such provision of information, although the owner or person in charge of the conveyance may not be the declarant himself/herself.

4.39* Machinery and equipment imported into Canada for use exclusively in servicing aircraft registered

in a foreign country while at international airports in Canada are duty free provided the foreign country in which the aircraft is registered grants a similar privilege to aircraft registered in Canada. Goods and services tax is payable on the value of the equipment.

CHAPTER 5 5.4* The timeframe that the aircraft operator must remove the inadmissible person is prescribed by

Canadian legislation. 5.14 An administration fee shall be assessed in respect of each improperly documented passenger.

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CANADA 3


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CHAPTER 8 8.1* Pursuant to Canadian legislation, operators are required to meet the specific financial security

requirements of various statutes. Given these varied requirements, it is not considered practical to have a single bond to cover an operator’s financial liabilities.

8.3 Canada has granted visa and employment authorization waivers to accepted representatives and

their advisers who are participants in accident or incident investigations. However, salvage and repair have been excluded from these exemptions.

8.4 There is provision in national legislation for the temporary importation of goods for a search or

rescue operation. However, there is no provision which would allow duty or tax free entry of the articles mentioned for the accident investigation, repair or salvage aspects. The goods in this case would be subject to the provisions of the Customs Tariff and Excise Tax Acts.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHINA 1


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CHAPTER 3 3.4 The Detailed Rules for the Implementation of the Law of China on the Control of the Exit and

Entry stipulates, in Article 17, that machine readable passports issued by China are valid for five years, and they may be extended twice, each time not exceeding five years. At present, amendment to relevant laws is underway, and adjustment will be made once the amendment comes into effect.

3.15 An accompanying person may be added in the passport of its holder under special circumstances. 3.46 As an essential basis for prosecuting and penalizing those who have violated the laws and

regulations, fraudulent, falsified or counterfeit travel documents and the travel documents of a person impersonating its rightful holder must be archived, and therefore cannot be returned.

3.47.3 This paragraph does not contain specific requirements for passenger information. A passenger

manifest in paper form is not required in China only when the passenger information has met such requirements as timeliness, accuracy and completeness.

3.71 The Law of China on the Control of the Entry and Exit of Aliens stipulates, in Article 6, that for

entry into China, aliens shall apply for visas, and the entry of nationals from countries having visa agreements with the Chinese Government shall be handled in accordance with those agreements. Therefore, whether foreign crew members enjoy waiver of visas is determined in light of agreement on mutual exemption of visas for flight crew.

3.71.1* Under the current visa regulations of China, crew members of other States, except those that have

concluded bilateral agreements with China on mutual exemption of visas, shall apply for visas for entry into the territory of China.

3.73* Under the current visa regulations of China, flight operations and cabin safety inspectors of all

States shall apply for visas (except direct transit within 24 hours). CHAPTER 5 5.9.1 According to regulations of China, all costs for the exit of inadmissible persons and during their

stay in China shall be borne by the operator of the aircraft carrying these persons. 5.11 5.12

To facilitate verification of the removal of inadmissible persons, China has established a timerequirement for their removal, by which operators are required to arrange their removal by taking the same flight or the next flight.

5.14 The Regulations of China on Exit and Entry Frontier Inspection stipulates, in Article 36, that if a

vehicle engaged in exit and entry transportation has carried persons inadmissible for exit or entry, its operator shall be fined for an amount above RMB 5 000 and below RMB 10 000 for each such person carried. Therefore, operators of aircraft carrying arriving and in-transit persons improperly documented are fined without exception. Operators are fined an amount commensurate with the severity of their violation of the law, but are not exempted from penalty.

2 CHINA SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

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5.18 The term “all” is too broad in its connotation. According to the provision of Article 44 of the Detailed Rules for the Implementation of the Law of China on the Control of the Entry and Exit of Aliens, the expenses of repatriating the aliens who have found employment by illegal means shall be covered by the units and individuals who have employed aliens without authorization. As for other aliens, it is our requirement that the repatriating expenses shall be covered by the aliens themselves or their families; in the event that the aliens themselves or their families cannot cover the expenses and the relevant unit of China is not obligated under any agreement to cover such expenses, these expenses shall be covered by the embassies or consulates of the nationals concerned; in the event that the embassies or consulates refuse to cover such expenses, or there is no embassy or consulate in China, the expenses shall be covered by the Chinese Government.

5.19 b) There is no risk assessment system in China concerning the removal of deportees. Such

information may be provided to the operator after the study on the risk assessment system concerning the removal of deportees is carried out and the system is established.

5.26 It may take more than 30 days in special circumstances to make verifications and issue a travel

document or satisfy the requesting State that the person concerned is not one of our nationals. Appendix 13 The name of the card is different and some parts of the card content are different.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CHINA (HONG KONG SAR) 1

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CHAPTER 1 1.5 Pre-arrival lodgement of data is not available for passenger clearance, as advanced passenger

information is currently not adopted in China (Hong Kong SAR). CHAPTER 2 2.10 The general declaration containing the names, nationalities and positions of crew members and the

total number of passengers is normally required on the arrival and immediately prior to the departure of the aircraft.

2.13 Air cargo reporting requirements are prescribed by local legislation under which no option as

proposed is provided for. 2.38 The following documentation is also required for aircraft stopping for a non-traffic purpose:

1) name of handling agent; 2) noise certificate of the aircraft to be used; 3) insurance certificate or equivalent document.

CHAPTER 3 3.10 The existing seaman’s identity book (SIB) is not in the machine readable format. 3.24 Visas are normally valid for a period of not more than three months from the date of issue. 3.27 The format at Appendix 5 is not adopted. The cards in use are of a different size and format and

include additional information relating to an address in Hong Kong and signature. The information is required for enforcement of immigration control.

3.71 Aircrew who are visa nationals, unless exempted, require visa for China (Hong Kong SAR). CHAPTER 4 4.8 In general, it is not applicable to Hong Kong, which is a non-tariff port, and the provision of “free-

zone” is not necessary. Nevertheless, there are warehouses operated by the air cargo terminal operators for the temporary storage of the few items that are subject to excise duty.

4.27 It is not applicable in Hong Kong which is a non-tariff port. Duty is only payable for the four

types of dutiable commodities as stipulated in the Dutiable Commodities Ordinance, namely alcoholic liquors, tobacco, hydrocarbon oil and methyl alcohol.

4.33 In the case where cargo, unaccompanied baggage or stores require re-forwarding to the correct

destination, they will also be subject to the laws and regulations of Hong Kong relating to the control of prohibited articles in addition to the other requirements under this Standard.

2 CHINA (HONG KONG SAR) SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


4.35 4.36 4.37* 4.38* 4.39* 4.40 4.41 4.42 4.43*

It is not applicable in Hong Kong which is a non-tariff port. Duty is only payable for the fourtypes of dutiable commodities as stipulated in the Dutiable Commodities Ordinance, namely,alcoholic liquors, tobacco, hydrocarbon oil and methyl alcohol.

4.49 Constrained cargo in Hong Kong can be cleared by customs within 80 minutes upon request.

Under such circumstances, it would be unreasonable and inefficient to make alternate arrangements for the storage and/or clearance and/or examination of containers/pallets and their loads at off-airport locations.

CHAPTER 5 5.3 Legislation now provides for the removal of any persons found inadmissible in Hong Kong to

their last port of embarkation or place of origin, or place of nationality of the deportee. 5.8 Security escorts will not normally be provided by government officials. 5.11 Legislation now provides for the removal of any persons found inadmissible in Hong Kong to

their last port of embarkation, or place of origin, or place of nationality of the deportee. 5.14 A fine may be imposed on the owner of the aircraft and the owner’s agent if a passenger does not

have a valid travel document. The fine may be waived if there is evidence to suggest that this has not been caused by negligence of the carrier.

5.19 The operators are informed before the execution of a Deportation Order of the name of the

deportee and the flight arrangements. 5.27 The existing travel documents production mechanism requires the applicant to produce an

application form with the signature appended.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) CZECH REPUBLIC 1


12/12/08

CHAPTER 2 2.43* Not applicable. The province of each authority is legally specified and cannot be replaced by each

other. All aircraft landing in, or departing from, the Czech territory (to/from abroad) have to make their initial, or final, take-off at an airport with permanent customs and passport services or at an airport where customs and passport services are provided on prior request.

CHAPTER 3 3.12 At the present time the machine readable zone area is blank. The different colour (dark claret) of

the cover of the machine readable passport is a sufficient factor for the differentiation. 3.67 Crew member certificates are not issued by the Czech public authorities to crew members of

Czech airlines. CHAPTER 4 4.24* Not applicable. This Recommended Practice would seriously frustrate control by public

authorities over goods loaded on departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security.

4.26 The use of simplified arrangements is not practicable.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) DENMARK 1


12/12/08

CHAPTER 2 2.12 According to subsection 4 of § 10 of the Aliens Order, the police may in special cases direct

operators of aircraft arriving from a country that has not acceded to the Schengen Convention, prior to arrival to submit a list of crew members and passengers to the police. The list shall contain information on name (surname, Christian name), date of birth (date, month, year), nationality and travel identity documents, including type and number of passport or other travel identity documents. Further, the police may require information on the passengers’ original point of embarking, on the point of crossing the border to Denmark, on the flight number of the aircraft and on times of departure and arrival of the aircraft. The information shall be given on a form prepared by the commissioner of police or in any other way determined by the commissioner of police, including electronic transfer.

2.43* In Denmark there is close cooperation between the police and the customs service, but the

individual authority is not competent to undertake inspections outside its own competence. CHAPTER 3 3.4 In Denmark short-term extensions of machine readable passports are made to a great extent. 3.10 Group passport and provisional passports are not issued in a machine readable form. 3.14.1* The fee charged for the issue of a Danish passport is fixed by law. The fee exceeds the actual costs

of the operation. 3.16* Passports for children under the age of two are only issued for a period of two years whereas all

other passports meet the recommendations. 3.23* According to the Schengen regulations, applicants for a visa shall normally make a personal

appearance at the issuing office. 3.24 According to § 2 b of the Aliens Act, aliens holding a visa valid for all Schengen countries may

enter and stay in Denmark for up to three months per six-month period, reckoned from the date of the first entry in Denmark/the Schengen countries.

3.27 The inter-Nordic passport control area comprising Denmark, Finland, Iceland, Norway and

Sweden requires visitors who hold entry visas to complete a special disembarkation card which differs from the ICAO format. Persons who do not need entry visas are not required to fill out disembarkation cards.

3.47* At present there are no plans generally to implement advance passenger information (API) in

Denmark. 3.59 A transit visa is required prior to arrival in the country from transit passengers obliged to possess a

visa.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) FINLAND 1


12/12/08

CHAPTER 2 2.10 A general declaration is not normally required, but the pilot-in-command or the owner or the bearer of the vehicle or his representative has to submit to the authorities responsible for carrying 2.12 out checks on persons at external borders, passenger and crew lists containing the following

information: last name, first name, date of birth, sex and nationality of each person on board, nationality and register number of the aircraft, port of entry and departure of the aircraft.

Obligation for carriers to transmit at the request of the authorities responsible for carrying out

checks on persons at external borders, by the end of check-in, information concerning the passengers they will carry to an authorized port of entry through which these persons will enter the territory of an EU member states.

The information referred to above shall comprise: a) the number and type of the travel document

used; b) nationality; c) full names; d) the date of birth; e) the port of entry into the territory of the member states; f) code of the transportation; g) total number of passengers carried on that transport; and i) the initial point of embarkation.

(Act on Handling of Personal Data in the Border Guard, sections 19 and 20 (579/2005). Section 20

is the implementation of Council Directive 2004/82/EC April 29 on the obligation of carriers to communicate passenger data.)

2.19 General customs supervision is at all times possible; such supervision may include a document

check. (Article 13 of the Community Customs Code.) 2.31 Requirement concerning passenger and crew lists is not yet published in aeronautical information

publications (AIPs). 2.32 2.34

There is no single agency to receive and coordinate different notices and applications concerning flights to other than international airports.

2.41 The data requested by the authorities responsible for carrying out checks on persons at external

borders has to be submitted by electronic or some other means immediately after the check-in closes. (Act on Handling of Personal Data in the Border Guard (579/2005) section 20.)

CHAPTER 3 3.4 Extending the validity of a machine readable travel document is possible in some cases. (Finland

is aiming to change its legislation so that it will be in accordance with the standard (after August 2006)).

3.10.1 Finland will issue the non-machine readable seafarers’ identity document until August 2006.

Validity of these passports is ten years. Standard will be fully implemented after 2016. 3.23* Personal appearance at the visa issuing office is normally required. (Schengen Practice) 3.24 A visa is issued on the basis of the need of the applicant and according to the consideration of the

authorities. (Schengen Agreement)

2 FINLAND SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


3.58 If the transit/transfer airport is a Schengen external border, the border control formalities shall take place at this airport if this is where the passenger enters or leaves the Schengen area. (Schengen Agreement)

3.60 This Standard is not implemented if an in-transit passenger needs a visa to enter Finland and

she/he doesn’t have one. (Schengen Agreement) 3.68* The Finnish Crew Member Certificate is not machine readable, and it is not issued in accordance

with the specifications of Doc 9303. Finland is aiming to implement this Recommended Practice as soon as possible.

3.73* These Recommended Practices are not implemented. Finland is aiming to implement these 3.74* Recommended Practices as soon as possible. 3.75* 3.76* CHAPTER 4 4.2* Applicable legislation does not foresee a guarantee waiver for transport by road (including

airfreight by road). However, provisions to authorize a reduction of the guarantee level exist. (Community Customs Code)

4.3 Consultation with operators and other parties concerned is not in every case compulsory.

However, in order to improve in particular the quality and the effectiveness of new and amended rules and regulations, close cooperation and consultation with the said operators is generally sought. (Community Customs legislation)

4.22 The export declaration must be lodged where the goods are packed or where the exporter is

established. (Article 161 (5) of the Community Customs Code) 4.24* This Recommended Practice is not implemented and would seriously frustrate control by public

authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed even if security were provided.

4.27 There are currently no provisions determining in which cases the use of simplified arrangements are obligatory or must be granted to the operators. (Community Customs legislation) 4.30* All the goods covered by the same declaration shall be released at the same time. On the

understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration. (Article 73 (2) of the Community Customs Code)

4.34 Provisions concerning export and transit licences remain applicable, in certain cases, when the

goods are redirected to another destination (weapons, dual-use goods, precursors etc.). (National and Community legislation)

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) FINLAND 3


12/12/08

CHAPTER 5 5.9.1 The operator is responsible for the cost of custody and care if a person is found inadmissible on

any grounds. National legislation (Alien Act 176 §) based on EU directive (2001/51/EU). 5.11 The aircraft operator is also responsible for removing the inadmissible person to the State which

has issued the used travel document. (Alien Act 175 §) 5.18 There is an exception to this Standard; if international protection is applied at the border, the costs

will be dealt with after the decision concerning protection has been made. (Alien Act 175 § 3) CHAPTER 6 6.32* If the transit/transfer airport is a Schengen external border, the border control formalities shall take

place at this airport if this is where the passenger enters or leaves the Schengen area. (Schengen Agreement)

CHAPTER 7 7.3.3 There is no single agency to receive and coordinate different notices and applications concerning

flights to other than international airports.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) GERMANY 1


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CHAPTER 2 2.19 General customs supervision should at all times be possible; such supervision may include a

document check (see Article 13 of the Community Customs Code). CHAPTER 3 3.38 Germany disapproves this Standard only if it should be interpreted as prohibiting export controls. CHAPTER 4 4.2* This could be contrary to the Community Customs legislation. The Community Customs Code

does not foresee a guarantee waiver for transport by road (including airfreight by road); however, provisions to authorize a reduction of the guarantee level exist.

4.3 As far as Community Customs legislation is concerned, consultation with operators and other

parties concerned is not, in every case, compulsory. However, in order to improve, in particular, the quality and the effectiveness of new regulations and of amendments to existing rules, close cooperation and consultation with the said operators is generally sought.

4.13 This provision is correct in as far as it concerns customs matters for which the “declarant” is the

relevant person. With regard to other policies (such as phyto-sanitary measures), the person responsible for the information concerned may be a person other than the declarant.

4.16* There are different provisions for different modes of transport which follow the simplified transit

procedures by air. Before another procedure begins, the operator has to end the simplified transit procedure by air. The goods have to be presented to the customs.

4.20 The provision is correct. Nevertheless, it should be noted that in the Community, a wide range of

different simplified customs procedures are, in practice, available for operators as regards export (incomplete declarations, simplified declarations, local clearance procedure) (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. The authorization is based on general criteria (possibility to guarantee effective checks, for example). Depending on the simplified procedure used, the declarant must provide the customs authorities or make available to them all the required documents, the production of which is required for application of the provisions governing the export of goods.

4.22 This Standard and in particular the words “at any customs office” is not in conformity with

Article 161 § 5 of the Community Customs Code which provides that the export declaration must be lodged where the goods are packed or where the exporter is established.

4.24* The proposed Recommended Practice would seriously frustrate control by public authorities over

goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security.

2 GERMANY SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


4.27 Currently, no Community provision determines in which cases the use of simplified arrangements is obligatory or must be granted to operators. In the Community, a wide range of simplified procedures (incomplete declarations, simplified declarations, local clearance procedure) are available to operators (Article 76 of the Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations.

4.29* While customs releases the goods as quickly as possible, customs authorities are not always the

only authorities involved in the clearance procedure. Therefore, they cannot undertake to release all goods within three hours of their arrival. Nevertheless, it should be noted that one of the objectives of customs aims at performing checks and releases within the shortest possible time limit.

4.30* This Recommended Practice is acceptable in as far as the Contracting States have a common

interpretation of the term “part consignment”. According to Article 73(2) of the Community Customs Code, all the goods covered by the same declaration shall be released at the same time, on the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

4.34 The national and Community provisions concerning export and transit licences remain applicable,

in certain cases, when the goods are redirected to another destination (weapons, dual-use goods, precursors, etc.).

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) JAPAN 1


12/12/08

CHAPTER 2 2.5 Matters relating to crew members need to be reported. 2.10 A General Declaration which includes elements other than those indicated in Appendix 1, needs to

be submitted. 2.12 Matters relating to passengers need to be reported, which include other elements than those

indicated in Appendix 2. 2.19 Matters relating to passengers and crew members need to be reported. 2.43* Immigration, customs and quarantine examinations are conducted by the respective administrative

agencies even at airports where international general aviation operations are infrequent. CHAPTER 3 3.5 If deemed necessary, documents other than those prescribed in Annex 9 may be required. 3.9* The re-entry permit (booklet) and refugee travel document issued by the Government of Japan are

not machine readable, and biometric data are not incorporated in those travel documents. Biometric data are not incorporated in visas.

3.10.1 The re-entry permit (booklet) and refugee travel document issued by the Government of Japan are

not machine readable, and the expiration date of those documents is not scheduled as set forth in 3.10.1. Since the Government of Japan cannot discontinue the issuance of non-machine readable passports (non-MRPs) of ten-year validity before April 2006, due to the Japanese passport law and the limited number of MRP production machines deployed at overseas missions, it is expected that even after 24 November 2015 there might be some non-MRPs which are valid until the end of March 2016.

3.11* The re-entry permit (booklet) and refugee travel document issued by the Government of Japan are

not machine readable. As for visas, Japan has been issuing the machine readable visas specified in Doc 9303, but there are still other types of visas which are not machine readable.

3.23* Visa applications through accredited agencies or agents are accepted at most of the Japanese

embassies and consulates. 3.24 A temporary visitor’s visa to Japan is normally valid for a single journey within a period of three

months. 3.25* In Japanese visas which are not machine readable: a) the items are listed in a different order; and

b) the duration of validity of the visa is normally shown in months. 3.26* Visitors are required to submit embarkation/disembarkation cards. 3.27 The information requirements on the embarkation/disembarkation card of Japan are different from

those set forth in Appendix 5.

2 JAPAN SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


3.29 Not all embarkation/disembarkation cards can be distributed free of charge. 3.44* The operator shall bear responsibility and obligation for the custody and care of passengers and

crew until a final decision has been made concerning their admissibility into Japan. 3.45 In such cases where the operator has transported a foreigner with knowledge of the fact that the

foreigner is liable for deportation, the operator must bear the responsibility for returning the foreigner.

CHAPTER 4 4.21 There are no regulations which ensure that export cargos are released up to the time of departure

of an aircraft. 4.41 There are no specific simplified procedures which ensure that relevant authorities grant prompt

release or clearance of ground and security equipment and their replacement parts, instructional material and training aids, though simplified documentary procedures could be applied depending on the declaration value.

CHAPTER 5 5.9 The operator shall bear responsibility and obligation for the expenses of custody and care of

passengers and crew until a final decision has been made concerning their admissibility into Japan. 5.9.1 Regardless of whether the operator was at fault or not, the operator shall bear the responsibility

and the expenses of removal of inadmissible persons. 5.18 The captain of an aircraft or the operator, who brings a foreigner coming under the certain

conditions of deportation, shall bring such a foreigner outside Japan at the foreigner’s own expense and under the latter’s own responsibility. If a deportee desires to leave Japan voluntarily at his/her own expense, he/she may be permitted to do so upon his/her application.

5.19 Owing to the growing number of deportees, there may be cases where the provision of notification

not later than 24 hours before departure cannot be met, except for such cases where the safety of the return flight may be jeopardized or other such similar cases.

5.21 Since travel documents should be in the possession of the passenger himself/herself except in

certain cases, travel documents will not be confiscated and are basically entrusted to the operator. CHAPTER 6 6.5* The use of credit cards is not acceptable as a means of payment for duties and taxes. 6.62* Arrangements necessary for the implementation of the system described by this provision have not

been developed.

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) JAPAN 3


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CHAPTER 8 8.3.1 For entry, there may be cases where a visa and other explanatory materials are required. 8.3.2* There are no provisions in Japanese laws and regulations for the issuing of visas to passengers on

arrival. Moreover, in cases where personnel do not possess visas even though they carry an order of mission from the Japanese Government, such personnel shall be required to undergo, as long as they do not have a visa exemption, prescribed procedures, including offering a separate explanation of the necessity and urgency of entry, in order to receive an entry permit.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) NEW ZEALAND 1


12/12/08

CHAPTER 3 3.21* Visas for re-entry are required from resident aliens. A New Zealand legislative requirement

(Immigration Act 1987). 3.26* New Zealand requires entry and departure cards for all passengers entering and leaving New

Zealand. A New Zealand legislative requirement (Immigration Act 1987). 3.50 A written baggage declaration is required from passengers and crew. A New Zealand legislative

requirement (Customs and Excise Act 1996), (Biosecurity Act 1993). 3.71 Crew members (travelling as passengers) require passports (but not visas). A New Zealand

legislative requirement (Immigration Act 1987). CHAPTER 4 4.31 Some cargo of interest to the Ministry of Agriculture and Forestry requires quarantine clearance at

the airport of arrival. A New Zealand legislative requirement (Biosecurity Act 1993). 4.35 Under New Zealand Customs Law ownership of the goods may not be clearly established and may

be subject to dispute between two or more parties concerned. In these circumstances a claim may then be made on the original importer. A New Zealand legislative requirement (Customs and Excise Act 1996).

4.39* A number of concessions exist and there is provision for individual goods or types of goods to be

given concessional entry, each case being judged on its merits. No overall concessions exist for this situation or are envisaged to cover broad groupings of items imported under these circumstances. A New Zealand legislative requirement (Customs and Excise Act 1996), (Tariff Act 1988), (Customs and Excise Regulations 1996).

4.42 Duty and taxes will be levied on appropriate items. A New Zealand legislative requirement

(Customs and Excise Act 1996), (Goods and Services Tax Act 1985), (Tariff Act 1988). CHAPTER 8 8.15 Where there is a handling agent for the aircraft at the aerodrome of arrival in New Zealand, the pilot-

in-command should notify symptoms suggestive of communicable disease to the agent in the first instance. Notifications to air traffic control should be by exception. This is a requirement of New Zealand law, namely, Health Regulations 1983.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) PARAGUAY 1


12/12/08

CHAPTER 1 Definitions Pilot-in-command. The duly licensed pilot-in-command of an aircraft is the aircraft commander —

comandante de la aeronave. The pilot must be designated by the operator as the ultimate and only authority, from the moment the flight plan is signed until the aircraft is turned over to a representative designated by the airline to take charge of said aircraft.

The aviation authority, the National Directorate of Civil Aviation of Paraguay, uses the term

“aircraft commander” in accordance with the Paraguayan Aeronautical Code, Law No. 1860/02. There is a draft amendment to the Aeronautical Code which contemplates replacing “aircraft commander” with “pilot-in-command” so as to comply with what is recommended by ICAO.

CHAPTER 2 2.10 The General Declaration must be presented. In accordance with Resolution No. 306/03 of the

Aviation Authority, the General Declaration must be presented to the air traffic services reporting office (ARO). The aviation authority uses this document for financial control (charging of the boarding tax) and statistical purposes.

2.12 The Passenger Manifest must be presented. In accordance with Resolution No. 306/03, the

Passenger Manifest must be presented to the air traffic services reporting office (ARO). Law No. 978/96 on Migration and Law No. 2422/04, Customs Code, require that international carriers present the Passenger Manifest.

2.13 The Cargo Manifest must be presented. In accordance with Resolution No. 306/03, the Cargo

Manifest must be presented to the ARO. Law No. 2422/04, Customs Code, requires that international carriers present the Cargo Manifest.

CHAPTER 3 3.3 The passport currently issued by the national police does not involve integrated circuit chips or

other technologies. The identification department is working on harmonizing passport issuance with the last requirements established in the resolutions issued by ICAO, which include facial image digitization and the introduction of new security measures as regards both printing and filling out passports. Each passport shall be valid for a period of five years without revalidation.

3.4 The validity of machine readable police passports is extend manually. The national police, the

organization in charge of issuing police passports, is working on updating the passport system in order to harmonize its issuance procedures with the relevant international Standards in force.

3.9* The national police do not include biometric data in their passports. 3.10 Passports issued by the department of foreign affairs (diplomatic, official and consular) are not

machine readable. Police passports are machine readable. The department of foreign affairs foresees the implementation of this Standard in 2008.

3.10.1 Passports (consular) issued by the department of foreign affairs are valid for a period of five years.

For renewal purposes, embassies and consulates will be notified of compliance.

PARAGUAY 2 SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


3.11* Visas issued for travel purposes are not yet available in machine readable form. 3.16* Police passports are valid for a period of three years. Official passports issued by the department of

foreign affairs are valid for a period of two years and diplomatic passports are valid for a period of three years.

3.24 Entry visas for diplomatic missions or consular offices are valid for use within 90 days from the

date of issue. For the time being, there are no plans to extend the 90-day maximum period established in Decree No. 3713, which regulates the issuance by the department of foreign affairs of visas for entry into national territory.

3.25* Visas are not yet issued in the format specified for the visual zone of machine readable visas. For

this reason, the standard format set forth in Part 2 of Doc 9303 for visas that are not machine readable is not used either.

3.32* Arrangements with other States have not yet been made. There are no liaison officers at

Paraguayan airports. 3.47* The advance passenger information system is not yet in use. For the moment, the migration

authority does not require advance passenger information. 3.47.1 The advance passenger information system is not yet in use. For this reason, the information

required does not yet conform to the specifications for UN/EDIFACT PAXLST message formats. 3.50 All passengers are required to present a sworn customs declaration. 3.67 Crew Member Certificates (CMCs) are not currently issued. Valid travel documents are the

documents used to certify the identity of each crew member. 3.68* CMCs are not currently issued. 3.74* Certificates are issued in the format specified in Appendix 8, but they are not machine readable. CHAPTER 4 4.5 The examination of goods is a general requirement, in accordance with the Customs Code. 4.6 The inspection of goods is a general requirement. The inspection of goods is carried out in a

random or selective manner, at the discretion of the customs authority. 4.7* Free zones have not been established in connection with airports or in their general vicinity. 4.8 Free zones or customs warehouses have not been established in connection with airports. CHAPTER 5 5.19 A deportee’s deportation order is not submitted by the legal authorities 24 hours before a flight’s

scheduled time of departure. The Directorate General of Migration shall send a copy of Annex 9 — Facilitation to the judiciary authorities so that the irregularity in question maybe rectified.

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) PARAGUAY 3


12/12/08

CHAPTER 6 6.5* The aviation authority included in the current year’s (2007) budget the payment by credit card of

duties for passenger services. Implementation is foreseen soon. 6.6* Ground handling services are provided by the aviation authority. Airport services provided to

operators are contemplated in Regulation or Decree o. 8.120/06. 6.7.1* Airports do not have the infrastructure to enable electronic data interchange with airlines. 6.17* There are no child care rooms. 6.18* There is no frequent means of transportation between airport terminal buildings, parking areas, etc.,

given the current airport infrastructure. 6.20* These services are not provided outside the airport. For the moment, this Recommended Practice is

not implemented because the volume of traffic does not justify its application. 6.24* A unique baggage identification system, such as the “Licence Plate Concept”, has not yet been

implemented. 6.35.2 There are no facilities reserved exclusively for baggage storage. 6.41* There are no automated facilities for carrying out such procedures. 6.51 There are no appropriate facilities for the purpose of human, animal and plant quarantine. 6.56 This Standard is being implemented in part, but the current waste removal system needs to be

improved. 6.62* This Recommended Practice is not being implemented. CHAPTER 8 8.16 There is a communicable disease outbreak contingency plan. The aviation authority and the

Ministry of Public Health through the national FAL committee will work on adapting the plan to ICAO Standards as soon as possible.

Appendix 11 There is no airport FAL programme, but there is a national FAL programme. Appendix 13 There is a public health card which differs somewhat from the ICAO model.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) PERU 1


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CHAPTER 6 6.57 The State of Peru additionally requires compliance at national airports.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) SERBIA 1


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CHAPTER 2 2.37* The following documentation is also required: a) air operator certificate; b) registration certificate;

c) airworthiness certificate; d) noise certificate; e) insurance certificate; f) air charter agreement; g) airborne collision avoidance system II (ACAS II).

CHAPTER 3 3.11* Serbia has not issued identity documents or visas in machine readable form yet, as specified in

Doc 9303 but shall meet the terms given by ICAO. 3.15 Up to the age of 14 a child can be attached to the parent’s passport. The data entry is valid for only

two years. 3.23* A personal appearance at the visa-issuing office is required. 3.47* Serbia neither has nor requires a system of advance passenger information. 3.68* Serbia has not issued Crew Member Certificates (CMCs) yet. (Serbia plans to start issuing these in

2007.) 3.74* Civil aviation safety inspector certificates in Serbia are not issued according to Appendix 8 of

Annex 9. (These are planned to be harmonized with Appendix 8 by 1 December 2006.) CHAPTER 4 4.20 The export duty of goods is performed according to a simplified export declaration only in cases

prescribed by the national customs regulations of Serbia. CHAPTER 8 8.17 A Facilitation Programme has not been established. (It is planned that the programme will be

established by 1 December 2006.) 8.19 Neither an Air Transport Facilitation Committee nor an Airport Facilitation Committee has been

established in Serbia. (It is planned that these committees will be established by 1 December 2006.)

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) SLOVAKIA 1


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CHAPTER 8 8.12 8.13 8.14 8.15 8.16

We will comply with the provisions of the International Health Regulations (2005) of the World Health Organization after July 2008. Our national preparedness plan is under development and its approval is expected by the end of 2007.

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) SWEDEN 1


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CHAPTER 2 2.19 General customs supervision should at all times be possible; such supervision may include a

document check (Article 13 of the European Community Customs Code). 2.41 Sweden requires a notification one hour before departure from the other country. In some cases

when goods are imported, Sweden requires notification two hours before departure (national legislation).

CHAPTER 3 3.12 Alien passports are issued manually and, thus, are not machine readable and do not contain the

information specified in the provision. 3.30 Sweden disapproves this standard only if it should be interpreted as prohibiting export controls.

(European customs legislation.) 3.67 Crew Member Certificates are not issued. (European customs legislation.) 3.74* Certificates are issued but differ from Appendix 8. 3.75* Copy of an itinerary is not required. CHAPTER 4 4.3 As far as European Community legislation is concerned, consultation with operators and other

parties concerned is not, in every case, compulsory. However, in order to improve, in particular, the quality and the effectiveness of new regulations and of amendments to existing rules, close cooperation and consultation with the said operators is generally sought. (European customs legislation.)

4.13 This provision is correct as far as it concerns customs matters for which the “declarant” is the

relevant person. With regard to other policies (such as phyto-sanitary measures, etc.), the person responsible for the information concerned may be a person other than the declarant. (European Community Customs legislation.)

4.20 The provision is correct. Nevertheless, it should be noted that in the European Community, a wide

range of simplified customs procedures are, in practice, available for operators as regards export (incomplete declarations, simplified declarations, local clearance procedure) (Article 76 of the European Community Customs Code). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is therefore allowed to carry out any number of operations. The authorization is based on general criteria (possible to guarantee effective checks, for example). Depending on the simplified procedure used, the declarant must provide the customs authorities or make available to them all the required documents, the production of which is required for application of the provisions governing export of goods.

2 SWEDEN SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)

12/12/08

4.22 The export declaration must be lodged where the goods are packed or where the exporter is established (Article 161 (5) of the European Community Customs Code).

4.27 Currently there are no provisions determining in which cases the use of simplified arrangements

are obligatory or must be granted to operators (European Community customs legislation). 4.31 In certain very special cases there are import prohibitions applicable to some goods, and in those

cases transfer is not allowed (national legislation). 4.34 Provisions concerning export and transit licences remain applicable, in certain cases, when the

goods are redirected to another destination (weapons, dual-use goods, precursors, etc.) (European Community customs legislation).

4.51 Containers and pallets may be re-exported through any designated customs office in some but not

all cases (national legislation). CHAPTER 8 8.17 A national facilitation programme has not been established. 8.18

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) SWITZERLAND 1


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CHAPTER 3 3.9* Switzerland does not provide visas which incorporate biometric data. However, a review of the

Aliens Act is currently underway which may enable Switzerland to comply in the future. 3.32* Switzerland does not appoint liaison officers in order to assist aircraft operators in the evaluation

of travel documents. However, a review of the policy is currently underway which may enable Switzerland to comply in the future. The positioning of liaison officers at Swiss airports presupposes an agreement with the canton concerned and the Swiss Government.

3.47* Switzerland does not have a system of advance passenger information. A review of the policy is

currently underway which may enable Switzerland to comply in the future. 3.71 3.71.1*

The Swiss Government provides Crew Member Certificate (CMC) facilities for arriving crew members presenting CMCs only if such documents are issued by the competent authority and inthe format specified in Doc 9303, Part 3, regarding Size 1 and Size 2 machine readable official travel documents. No facilities are provided to holders of crew identity cards issued by a privateorganization (e.g. company ID), even if their documents are issued in the specified format ofDoc 9303.

CHAPTER 5 5.9.1 Switzerland holds aircraft operators responsible for the cost of custody and care where a person is

denied entry. In practice, however, a cooperative agreement can be concluded between the responsible authorities and aircraft operator, which allows a mitigation of costs and fines depending on the degree of negligence.

CHAPTER 8 8.17 Switzerland does not have a national air transport facilitation programme in place. 8.18 8.18.1*

_____________________

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) THAILAND 1

* Rcommended Practice

12/12/08

CHAPTER 2 2.7* Only documents for entry and departure of aircraft furnished in English or Thai or both in English

and Thai are to be accepted. 2.43* Border inspection and clearance of aircraft and their loads in Thailand are under the responsibility

of CIQ agencies, consisting of Customs, Immigration and Quarantine, each of which has its specific law. Thailand, therefore, is not able to authorize one governmental agency to undertake the procedures.

CHAPTER 3 3.18* Before departure from Thailand, a resident alien shall bring his/her certificate of residence to the

competent official for endorsement as evidence of his/her leaving the kingdom for re-entry permit. 3.26* Visitors travelling by air, or from aircraft operators on their behalf, are required to fill in the

embarkation/disembarkation card. Also, in some cases, they are necessarily required to submit additional documents for reasons of security and the prevention of crime.

3.29 Each port of entry in Thailand nowadays provides passengers with an embarkation/disembarkation

card without any charge. However, airline operators and/or their travel agents that want a large number of these cards are required to contact the police printing bureau to buy them.

3.47.2* In case aircraft operators fail to transmit data to the public authorities through the advance

passenger information (API) system, they are required to submit the data in paper form to the authorities within the time limit prescribed, in order to avoid the imposition of fines or penalties under the law.

3.47.3 Thailand requires that passenger data be submitted to the authorities in paper form as well as

through the API system. 3.52* A visitor who, for reasons of force majeure, does not possess the required entry visa prior to

arrival shall be allowed to enter the kingdom in exceptional circumstances for humanitarian reasons based on relevant laws.

3.68* Thailand’s format of Crew Member Certificate (CMC) is different from ICAO’s requirements. 3.71.1* Crew members arriving on another aircraft operator or another mode of transport and seeking

entry into Thailand shall comply with the visa requirements similar to the general public. 3.74* The format of a safety inspector’s identity document in Thailand at the present time is different

from ICAO’s requirements. CHAPTER 5 5.9.1 The owner or the controller of the conveyance or the inadmissible person shall be responsible for

expenses according to the relevant laws.

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5.14 The laws of Thailand’s Immigration Bureau impose penalties upon aircraft operators in charge of aircraft in which arriving or in-transit persons are found to be improperly documented.

5.18 The owner or the controller of the conveyance or the deportee shall be responsible for expenses

according to relevant laws. CHAPTER 6 6.60.1 When passengers from an epidemic area who have not been vaccinated arrive in Thailand, they

shall be vaccinated at their own expense.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) TURKEY 1

* Rcommended Practice

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CHAPTER 3 3.15 The Passport Act of Turkey does not require issue of a separate passport to each person regardless

of age.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) UNITED KINGDOM 1


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CHAPTER 2 2.12 In certain circumstances carriers may be required to provide a passenger list showing the names

and nationalities of passengers. 2.19 General customs supervision should at all times be possible; such supervision may include a

document check (Article 13 of the European Community Customs Code refers). CHAPTER 3 3.26* Disembarkation cards must normally be completed by all passengers except nationals of member

states of the European Economic Area. 3.29 Disembarkation cards must be provided by the carrier at its expense and distributed to all

passengers who need to complete them. 3.38 The United Kingdom retains the right to introduce export controls in certain circumstances. 3.44* An operator remains liable for the care and custody of inadmissible persons, including associated

costs, in certain circumstances. 3.47.1 Where the United Kingdom imposes a requirement to provide advance passenger information

(API), this requirement will apply regardless of whether the information in the passenger’s travel document is available in machine readable form.

3.47.2* United Kingdom legislation provides for a charge of (currently) £2000 to be levied on operators

who bring to the United Kingdom persons who are inadequately documented irrespective of the introduction of API. Inadequately documented persons are those who fail to produce a valid national passport or other travel document satisfactorily establishing their identity or nationality, a valid United Kingdom visa if required or produce a forged/counterfeit national passport or other document where the forgery is reasonably apparent.

3.52* Where required United Kingdom visas and entry clearances should be obtained prior to travel, and

a person will normally be refused entry in the absence of the necessary clearance. The immigration officer has discretion to waive the requirement for an entry clearance in exceptional circumstances.

3.60 The United Kingdom permits transit without visas for passengers who normally require visas,

provided that the passenger has: a) entry facilities for the countries en route and for the final destination; b) a firm booking to travel by air within 24 hours; c) no purpose in entering the United Kingdom other than to pass through in transit.

Note.— This information is regularly updated in the Travel Information Manual (TIM), published

by the International Air Transport Association (Netherlands) Data Publications.

2 UNITED KINGDOM SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


3.67 3.68* 3.68.1*

Crew member certificates are not issued by the United Kingdom public authorities to crew members of United Kingdom airlines, whether or not they are required to be licensed. Identification documents bearing photographs of the holders are issued to United Kingdom aircrew members, licensed and unlicensed, by United Kingdom airlines and by airport authorities on their behalf, the validity of which may be checked by contacting the issuing authority. United Kingdom flight crew licences conform to the specification for personnel licences set forth in paragraph 5.1.1 of Annex 1. The date of birth is also included. Following the introduction of computerized licence issues, a photograph of the holder is no longer required, neither is the place of birth nor a statement of the right of re-entry to the State of issue — these items are part of the Annex 9, Appendix 7, crew member certificate but are not called for in paragraph 5.1.1 of Annex 1.

3.71.1* The United Kingdom requires aircrew who arrive as passengers, or who are supernumerary, to be 3.72 in possession of a valid passport or other satisfactory document establishing identity and 3.73* nationality and, where applicable, of a valid visa. The United Kingdom visa requirement is waived 3.75* in respect of visa nationals who arrive and leave as aircrew within seven days. 3.76* CHAPTER 4 4.2* The European Community Customs Code does not foresee a guarantee waiver for transport by

road (including airfreight by road); however, provisions exist to authorize a reduction of the guarantee level.

4.3 Under European Community Customs legislation, consultation with operators and other parties

concerned is not compulsory in every case. Close cooperation and consultation with the operators is, however, generally sought in order to improve the quality and effectiveness of new regulations and of amendments to existing rules.

4.13 In the United Kingdom this provision applies to customs matters for which the “declarant” is the

relevant person. With regard to other policies (such as phyto-sanitary matters, etc.) the person responsible for the information concerned may be a person other than the declarant.

4.20 In the European Community a wide range of simplified customs procedures are, in practice,

available for operators as regards export (for example, incomplete declarations, simplified declarations, local clearance procedures — Article 76 of the European Community Customs Code refers). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is allowed to carry out any number of operations. The authorization is based on general criteria, for example the ability to ensure that effective checks can be undertaken. Depending on the simplified procedure used, the declarant must make available to the customs authorities all of the documents required for application of the provisions governing the export of goods.

4.22 This Standard, and in particular the words “at any customs office”, does not conform with

Article 161 § 5 of the European Community Customs Code which provides that the export declaration must be lodged where the goods are packed or where the exporter is established.

SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) UNITED KINGDOM 3


12/12/08

4.24* The Recommended Practice would seriously frustrate control by public authorities over goods loaded on a departing aircraft. Furthermore, the return of certain goods after their departure would not be guaranteed despite the lodging of a security.

4.27 Currently, no European Community provision determines in which cases the use of simplified

arrangements is obligatory or must be granted to the operators. In the European Community a wide range of simplified customs procedures are in practice available for operators as regards export (for example, incomplete declarations, simplified declarations, local clearance procedures — Article 76 of the European Community Customs Code refers). Some of these procedures are subject to prior authorization from the customs authorities. As an authorized operator, the exporter is allowed to carry out any number of operations.

4.29* While Customs clearance is expedited as far as possible, there may be other agencies involved in

the clearance procedure. Customs cannot therefore undertake to release all goods within three hours of their arrival. One of the objectives of customs is nevertheless to perform checks and release goods within the shortest possible times.

4.30* This Recommended Practice is acceptable in as far as the Contracting States have a common

interpretation of the term “part consignment”. According to Article 73(2) of the European Community Customs Code, all the goods covered by the same declaration shall be released at the same time on the understanding that, where a declaration form covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

4.34 United Kingdom and European Community provisions concerning export and transit licences

remain applicable, in certain cases, when the goods are redirected to another destination (for example, weapons, dual-use goods, precursors).

CHAPTER 5 5.4* An operator is required to remove an inadmissible person in accordance with the directions given

by the immigration officer. 5.9.1 Under United Kingdom legislation, where a passenger is refused entry, the operator will normally

be responsible for any detention costs up to a maximum of 14 days unless the passenger is in possession of a current entry clearance/visa.

5.11 United Kingdom legislation requires an operator to remove an inadmissible person to a country of

which the person is a national or citizen, a country or territory in which the person has obtained a passport or other document of identity, a country or territory in which the person embarked for the United Kingdom or a country or territory to which there is reason to believe that the person will be admitted.

5.14 Under United Kingdom carrier liability legislation a charge may be imposed on the operator if a

person arrives without the required documents. However, the operator is not liable if: i) it can show that the required documents were produced when the passenger embarked for the

United Kingdom;

4 UNITED KINGDOM SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION)


ii) a false document is produced or the passenger impersonates the rightful holder of a document unless the falsity of the document or the impersonation is reasonably apparent.

In addition, an operator may apply for Approved Gate Check status at individual ports of

embarkation. If the operator satisfies the United Kingdom authorities that it meets the published criteria, which include an audited high standard of document checking and security procedures, the United Kingdom will normally waive charges relating to persons who arrive with no documents from the station.

5.26 The United Kingdom will cooperate fully with the requesting State to investigate and validate the

persons claim to be a British citizen and to resolve the claim quickly, within 30 days if possible. 5.27 This provision only applies where the person concerned is admissible or is to be expelled by the

authorities. CHAPTER 6 6.37* The United Kingdom does not offer duty-free goods for sale to in-bound passengers. 6.49* In the United Kingdom permission to remove goods to off-airport facilities is subject to prior

authorization by customs. 6.58* United Kingdom law and practice, which applies to air and other means of transportation, requires

in general that the parties responsible for handling the traffic shall provide and maintain such facilities as may be necessary for proper control and examination of goods and passengers.

6.60 United Kingdom law, which applies to air and other means of transportation, allows for a charge

to be made for immigration clearance requested by operators additional to the basic service at ports of entry in the United Kingdom.

CHAPTER 8 8.19 8.20* 8.21*

The United Kingdom strongly supports close coordination between civil aviation security and facilitation programmes. It has established a facilitation stakeholders forum which meets regularly under department for transport chairmanship. The Government itself does not establish facilitation committees at airports. There are, however, national consultative bodies for particular subjects, and ad hoc meetings are arranged when necessary to discuss particular topics. United Kingdom law allows the Government to require that adequate facilities for consultation be established at airports. Consultation arrangements have been established under these powers at 50 airports.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) URUGUAY 1


12/12/08

CHAPTER 2 2.9 Difference to Standard 2.9 upheld.

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SUPPLEMENT TO ANNEX 9 (TWELFTH EDITION) UZBEKISTAN 1


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CHAPTER 3 3.17 In accordance with the procedures governing travel abroad by nationals of Uzbekistan established

by Order No. 8 of 6 January 1995 of the Cabinet of Ministers of Uzbekistan, nationals who intend to travel abroad, other than to CIS countries to which exit visas are not required, should apply to the office of internal affairs in their place of residence. A sticker, valid for two years and authorizing multiple exits of limited duration, will then be affixed to their passports.

3.18* In accordance with the procedures governing the entry into and exit from Uzbekistan of foreign

nationals and stateless persons established by Order No. 408 of 21 November 1996 of the Cabinet of Ministers of Uzbekistan, foreign nationals permanently residing in Uzbekistan who intend to travel abroad should apply to the office of internal affairs in their place of residence. A sticker, valid for two years and authorizing exits of limited duration, will then be affixed to their national passports. During that time period foreign nationals may travel abroad repeatedly upon notification to the office of internal affairs.

3.53* In accordance with existing procedures (Instruction No. 349 of 4 June 1997 for the issuance of exit

and entry visas to foreign nationals and stateless persons in Uzbekistan), visas are only issued to holders of valid passports. Furthermore, the validity period of the passport must exceed the validity period of the visa by at least three months. If a new passport is issued to a foreign national, the visa must be transferred to the new passport.

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Supplement to Annex 9

Documents

hong kong

prohibiting

dutiable commodities

suspected

health questions

passenger

applicants

zealand legislative