Is any state bound to take stowaway ? what if you can prove the nationality ?

45
FOLLOW

RESOLUTION MSC.312(88) (adopted on 2 December 2010)
REVISED GUIDELINES ON THE PREVENTION OF ACCESS BY STOWAWAYS AND THE ALLOCATION OF RESPONSIBILITIES TO SEEK THE SUCCESSFUL RESOLUTION OF STOWAWAY CASES


It is the responsibility of the State of first port of call according to the voyage plan after the discovery of the stowaway:
.1 to accept the stowaway for examination in accordance with the national laws of that State and, where the competent national authority considers that it would facilitate matters, to allow the shipowner and the competent or
appointed P&I Club correspondent to have access to the stowaway;
.2 to favourably consider allowing disembarkation and provide, as necessary
and in accordance with national law, secure accommodation which may be
at the expense of the shipowner, where:
.1 a case is unresolved at the time of sailing of the ship, or
.2 the stowaway is in possession of valid documents for return and
the public authorities are satisfied that timely arrangements have
been or will be made for repatriation and all the requisites for transit fulfilled, or
.3 other factors make it impractical to remove the stowaway on the
ship of arrival; such factors may include but are not limited to cases where a stowaway's presence on board would endanger the safe and secure operation of the ship, the health of the crew or the
stowaway;
.3 to make every effort to cooperate in the identification of the stowaway and
the establishment of his/her nationality/citizenship or right of residence;
.4 to make every effort to cooperate in establishing the validity and
authenticity of a stowaway's documents and, when a stowaway has inadequate documents, to whenever practicable and to an extent compatible with national legislation and security requirements, issue a
covering letter with a photograph of the stowaway and any other important
information. The letter, authorizing the return of the stowaway either to
his/her State of origin or to the point where the stowaway commenced
his/her journey, as appropriate, by any means of transportation and
specifying any other conditions imposed by the authorities, should be handed over to the operator effecting the removal of the stowaway.
This letter will include information required by the authorities at transit
points and/or the point of disembarkation;
.5 to give directions for the removal of the stowaway to the port of
embarkation, State of nationality/citizenship or right of residence or to some
other State to which lawful directions may be made, in co-operation with the
shipowner;
.8 to issue, if necessary, in the event that the stowaway has no identification
and/or travel documents, a document attesting to the circumstances of
embarkation and arrival to facilitate the return of the stowaway either to
his/her State of origin, to the State of the port of embarkation, or to any
other State to which lawful directions can be made, by any means of
transport;
.9 to provide the document to the transport operator effecting the removal of
the stowaway;
.10 to take proper account of the interests of, and implications for, the
shipowner when directing detention and setting removal directions, so far
as is consistent with the maintenance of control, their duties or obligations
to the stowaway under the law, and the cost to public funds;
.11 to report incidents of stowaways to the Organization3;
.12 to cooperate with flag State of the ship in identifying the stowaway and their
nationality/citizenship and right of residence, to assist in removal of the
stowaway from the ship, and to make arrangements for removal or
repatriation; and
.13 if disembarkation is refused, to notify the flag State of the ship the reasons for refusing disembarkation.