5 As a first step in addressing the issue, a framework of the various responsibilities, rights and
liabilities of the parties involved needs to be identified and agreed. The following allocation of
responsibility is Suggested :
.1  The matter
.1.1  to make every effort to determine immediately the port of embarkation of the stowaway;
.1.2 to make every effort to establish the identity, including the nationality/citizenship, of the
stowaway;
.1.3 to prepare a statement containing all information relevant to the stowaway, in accordance
with information specified in the standard document annexed to these guidelines, for
presentation to the appropriate authorities;
.1.4 to notify the existence of a stowaway and any relevant details to his shipowner and
appropriate authorities at the port of embarkation, the next port of call and the flag State;
.1.5 not to depart from his planned voyage to seek the disembarkation of a stowaway to any
country unless repatriation has been arranged with sufficient documentation and permission
given for disembarkation, or unless there are extenuating security or compassionate
reasons;
.1.6 to ensure that the stowaway is presented to the appropriate authorities at the next port
of call in accordance with their requirements;
.1.7 to take appropriate measures to ensure the security, general health, welfare and safety of
the stowaway until disembarkation;
.2  The shipowner or operator
.2.1  to ensure that the existence of, and any relevant information on, the stowaway has been notified to the appropriate authorities at the port of embarkation, the next port of call and
the flag State;
.2.2  to comply with any removal directions made by the competent national authorities at the port of disembarkation;
.3  Country of firsts scheduled port of cuff after discovery of the stowaway (port of
disembarkation)
.3.1  to accept the stowaway for examination in accordance with the national laws of that
country and, where the competent national authority considers that it would facilitate
matters, to allow the shipowner and his named representative and the competent or
appointed P&1 [lab correspondent to have access to the stowaway;
.3.2  to consider allowing disembarkation and provide, as necessary and in accordance with
national law, secure accommodation which may be at the expense of the shipowner or
agents, where:
.3.2.1  a case under .3.1 is unresolved at the time of sailing, or
.3.2.2  national authorities are satisfied that arrangements have been made and will be
effected for the early return or repatriation of the stowaway by other means (which
may be at the expense of the shipowner or agents), or
.3.2.3  a stowaway's presence on board would endanger the safe operation of the vessel;
.3.3  to assist, as necessary, in the identification of the stowaway and the establishment of his
or her nationality/citizenship;
.3.4  to assist, as necessary, in establishing the validity and authenticity of a stowaway's
documents;
.3.5  to give directions for the removal of the stowaway to the port of embarkation, country
of nationality/citizenship or to some other country to which lawful directions may be
made, in co-operation with the shipowner and his nominated representative;
.3.6  in co-operation with the shipowner and his nominated representatives to discuss
repatriation or removal arrangements or directions with the master/shipowner or their
appointed representatives, keeping them informed, as far as practicable, of the level of
detention costs, while keeping these to a minimum;
.3.7 to consider mitigation of charges that might otherwise be applicable when shipowners
have co-operated with the control authorities to the satisfaction of those authorities in
measures designed to prevent the transportation of stowaways;
.3.8 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 enable
the return of the stowaway either to his country of origin, to the country of the port of
embarkation, or to any other country to which lawful directions can be made, by any
means of transport;
.3.9 to hand over the document to the transport operator effecting the removal of the
stowaway;
.3.10 to take proper account of the interests of, and implications for, the shipowner or agent
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;
.4 The country of the original port of embarkation of the stowaway (i.e. the country where he
stowaway first boarded the ship)
.4.1  to accept any returned stowaway having nationality/citizenship or right of residence;
.4.2  to accept, in normal circumstances, a stowaway back for examination where the port of
embarkation is identified to the satisfaction of the authorities of the receiving country;
.4.3  to apprehend and detain the stowaway, where permitted by national legislation, if the
stowaway is discovered before sailing either on the vessel or in cargo due to be loaded;
to refer the intended stowaway to local authorities for prosecution, and/or, where
applicable, to the immigration authorities for examination and possible removal: no charge
to be imposed on the shipowner in respect of detention or removal costs, and no penalty
to be imposed;
.4.4  to apprehend and detain the stowaway, where permitted by national legislation, if the
stowaway is discovered while the vessel is still in the territorial waters of the country of
the port of his embarkation, or in another port in the same country (not having called at
a port in another country in the meantime) no charge to be imposed on the shipowner in
respect of detention or removal costs, and no penalty to be imposed;
.5  The apparent or claimed country of nationality/citizenship of the stowaway
.5.1  to make every effort to assist in determining the identity and nationality/citizenship of
the stowaway and to document the stowaway accordingly, once satisfied that he or she
holds the nationality/citizenship claimed;
.5.2  to accept the stowaway where nationality/citizenship is established;
.6  The flag State of the vessel
.6.1  to be willing, if practicable, to assist the master/shipowner or the appropriate authority at
the port of disembarkation in identifying the stowaway and determining his or her
nationality/citizenship;
.6.2  to be prepared to make representations to the relevant authority to assist in the removal
of the stowaway from the vessel at the first available opportunity;
.6.3  to be prepared to assist the master/shipowner or the authority at the port of
disembarkation in making arrangements for the removal or repatriation of the stowaway;
.7  Any countries of transit during repatriation
 to allow, subject to normal visa requirements, the transit through their ports and airports of
stowaways travelling under the removal instructions or directions of the country of the port of
disembarkation.