Immigration, Bangladesh Police-:-Official web site
legal responsibilities of carriers are found in the individual immigration
laws and regulations of the State that grants them landing rights. International
carriers must therefore be familiar with, and comply with, a wide range
of legislation and regulations from various authorities.
States are expected to follow standards and recommended practices set
out in Annex 9 to the Convention on International Civil Aviation, also
referred to as the Chicago Convention, in order to achieve some degree
of international consistency when developing carrier obligations in their
The International Maritime Organization (IMO) is responsible for more
than 40 international conventions. The most relevant in the context of
carrier responsibilities are the Convention on Facilitation of International
Maritime Traffic (FAL Convention), the International Convention for the
Safety of Life at Sea (SOLAS), the International Convention on Maritime
Search and Rescue (SAR), and the United Nations Convention on the Law
of the Sea (UNCLOS), which acts as more of a framework convention.
A balance between an enforcement approach and a cooperative approach is
the most effective approach for dealing with carriers. The key is striking
the right balance point. Some carriers will respond more positively to
incentives, while others respond to the threat of sanctions and penalties
for non-compliance. When a carrier is uncooperative, it is advisable to
explore the issue with senior industry representatives before taking enforcement
1. A major impediment to a successful government/carrier programme
can be the lack of acceptance by individual carriers of the role that
the government has given them. While the industry may generally acknowledge
that it has a role to play in controlling irregular migration, the extent
of that role, and the manner in which it should be exercised, can become
issues of contention between individual carriers and control authorities.
2. This potential for conflict can be minimized if a clear understanding
on roles and responsibilities is established by senior representatives
at the outset and, preferably, formalized in writing.
What are airline responsibilities?
The most important responsibilities for the airline sector as outlined
in the Convention on International Civil Aviation are:
* to provide facilities for the holding and examination of persons
* to hold travel documents in certain circumstances and to present those
documents to the control authorities at ports of entry
* to arrange for the medical examination of a passenger at the port of
entry when the inspecting officer determines that the passenger may present
a threat to public health
* to provide travel information, including a copy of the person’s ticket,
itinerary (including the place of embarkation) and dates of travel, document
number and type of passport, travel document or identity document carried
by the person, the country of issue of the document, and the name of the
person to whom it was issued
* upon departure from the last point of embarkation and before arrival
at the port of entry, to provide specific information on each passenger
or all reservation information on that passenger
* upon request, to provide access to its reservation system
* where the airline has been advised by the control authority that a person
is inadmissible, not to carry that person
* to examine passengers and ensure that they have the correct documentation
(passport/travel document and visa where required) and to deny boarding
to improperly documented passengers
* to copy travel documents at the point of embarkation in certain circumstances
* to present passengers for examination and hold them until examination
* to ensure return conveyance of persons who are refused admission, within
a prescribed time frame, and to advise the authorities of the travel arrangements
* when returning a person under removal order, to provide any escorts
that may be required
* to pay the costs of returning an inadmissible person that may include
accommodation, transport, costs of escorts including travel and accommodation
costs, fees to obtain travel documents and visas for the passenger and
escorts, meals, wages paid to escorts, expenses incurred for interpreters,
and medical and other personnel who may be involved in the removal.
MECHANISMS FOR CARRIER COMPLIANCE
Control authorities can provide support to carriers to assist them in
fulfilling their legal obligations. For example, by:
* Designing online carrier guides that outline legal requirements and
* Providing regular training on documentation requirements and detection
of fraudulent documents, possibly including self-instruction manuals and
* Creating a hotline, 24 hours a day, 7 days a week, that carriers can
call for assistance
* Providing timely trends and alerts to appropriate personnel.
At a minimum, an annual meeting with senior industry representatives should
be held to review the performance of the industry, discuss problematic
issues, and provide indications of future plans that could impact on the
industry. In addition to supportive measures, a number of mechanisms have
been found to be effective in encouraging carrier compliance. They are
fines, administration fees, security deposits, and memoranda of understanding.
1. Most countries have moved away from the litigation model in favour
of a cooperative administrative model where administrative penalties are
the consequence of non-compliance.
2. Measures may be invoked by the control authority to ensure compliance
if provision is made for this in national migration management legislation.
Some of these measures may include:
* suspension of the memorandum of understanding with the carrier
* request for a higher level of security deposit
* partial or total seizure of security deposits
* seizure of a vehicle/aircraft for a temporary period pending compliance
by the carrier
* seizure and sale of a vehicle in order to recover monies owed
* cancellation of landing rights.
3. Fines, penalties, or fees should only be set at levels required to
achieve compliance. Imposing undue financial hardship may have the effect
of reducing cooperation and ultimately raise travel costs for the travelling
What you need to know about financial penalties?
* Under this mechanism, carriers may be liable for a penalty for any violation
of their obligations under law.
* The term “improperly documented” applies to the following situations:
- lacking a passport or acceptable travel document
- lacking a visa if one is required
- using a counterfeit passport or visa
- using an altered passport or visa
- using valid documents not held by rightful owner
- having no documents
* Once a passenger is determined by a control authority to be improperly
documented, two notifications are usually provided. The first notification
advises the airline of the person’s inadmissibility and puts the airline
on notice that it may be required to make arrangements to return the person
at some point in the future. The second notification advises the airline
of an improperly documented arrival. The latter action must be done quickly
so that queries concerning the passenger can be conveyed to airline staff
at the point of embarkation and an investigation conducted while information
concerning the boarding of that passenger is still available.
* To avoid a penalty, the airline must demonstrate that it applied due
diligence and was not negligent in examining the documents of the individual.
* Control authorities may decide not to assess a financial penalty in
the following circumstances:
* The alteration or counterfeit is not reasonably apparent
* The alteration or counterfeit is of such a high quality that specialized
equipment is required
* Where documents are valid but the passenger is not the rightful holder,
the difference between the photograph and the passenger is not reasonably
* The carrier acted on the advice of an agent of the control authority
at the point of embarkation
* In the case of a passenger with no documents, the carrier produces a
passenger manifest that does not contain the name of the passenger or
the alias used. In this situation, there is no proof that the passenger
arrived on that flight or airline. This recognizes the fact that, on the
advice of smugglers, passengers will often “forget” or misrepresent the
* Carriers will normally have a specified period of time to provide a
defence as to why a financial penalty should not be imposed.