It is the responsibility of the State of the original port
of embarkation of the stowaway (i.e. the State where the stowaway
first boarded the ship):
-
.1 to accept any returned stowaway having nationality/citizenship
or right of residence;
-
.2 to accept a stowaway back for examination where
the port of embarkation is identified to the satisfaction of the public
authorities of the receiving State; the public authorities of the
State of embarkation should not return such stowaways to the State
where they were earlier found to be inadmissible;
-
.3 to apprehend and detain the attempted stowaway,
where permitted by national legislation, if the attempted stowaway
is discovered before sailing either on the ship or in cargo due to
be loaded; to refer the attempted stowaway to local authorities for
prosecution, and/or, where applicable, to the immigration authorities
for examination and possible removal: no charge is to be imposed on
the shipowner in respect of detention or removal costs, and no penalty
is to be imposed;
-
.4 to apprehend and detain the stowaway, where
permitted by national legislation, if the stowaway is discovered while
the ship is still in the territorial waters of the State of the port
of his/her embarkation, or in another port in the same State (not
having called at a port in another State in the meantime): no charge
is to be imposed on the shipowner in respect of detention or removal
costs, and no penalty is to be imposed;
-
.5 to report incidents of stowaways or attempted
stowaways to the Organizationfootnote;
and
-
.6 to reassess the preventative arrangements and
measures in place and to verify the implementation and effectiveness
of any corrective actions.