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Checklist of Administrative and Organisational Problems which could arise
in Assistance Operations and Possible Solutions to those Problems
30.1
TRANSFRONTIER MOVEMENT OF AIRCRAFT, STATE-OWNED AND STATE-CONTROLLED
SHIPS, NAVAL VESSELS, STATE-CONTROLLED VEHICLES, PERSONNEL AND EQUIPMENT
30.1.1
International formalities could cause inconvenient delays in an emergency
situation and differ from one State to another. Possible remedies:
a.
the assisted State should make all appropriate efforts to facilitate
transfrontier movements in an emergency situation and should send a liaison
officer able to communicate with the assisting personnel in a language known to
them to meet the assisting Party at the border. The rank of the liaison officer
is left to the decision of the assisted State in each case;
b.
in cases of joint counter-pollution operations and joint exercises, and
in implementing the aerial surveillance programme, Contracting Parties should
undertake to facilitate the granting of all clearances and permissions required
for the aircraft of other Contracting Parties to carry out their mission in
their airspace and over their territory;
c.
each Contracting Party's formal procedures governing transfrontier
movements could be recorded briefly in the Manual.
30.2
CUSTOMS QUESTIONS
30.2.1
There are at least four possible courses of action:
a.
instead of taking any specific action, solutions are left to be found on
an ad hoc basis at the time of joint operations;
b.
bodies which are likely to be involved in joint operations should receive
instructions in the Manual outlining the procedures to be followed in the event
of joint operations involving the completion of customs formalities;
c.
the customs authorities should be asked to take part in the preparation
of contingency plans for joint operations in order to advise on solutions to
problems of formalities in both the despatch and receipt of assistance; where
possible, documents should be prepared in advance. As well as customs documents,
detailed lists of goods to be transported could be prepared before the operation
begins;
d.
a mutual assistance network should be established so that there is a
customs correspondent in each country who can be contacted by his opposite
number in another country to facilitate operations.
30.2.2
It is necessary to recall that there is a customs duty to be paid on
goods that are used in joint operations; such duty should be relieved by one or
other of the following methods:
a. if the goods are not
to be re-exported (e.g. dispersants), they should enjoy relief from import
duties;
b. if the goods are to
be re-exported (e.g., mechanical recovery means), they should be granted
temporary importation arrangements.
30.3
SPECIAL TAXES AND TRAFFIC FEES APPLICABLE TO VEHICLES FOR ASSISTANCE
PURPOSE
Possible remedies:
a.
The imposition of special taxes and traffic fees on assisting vehicles
could be lifted on the initiative of the assisted State. Alternatively the State
concerned should use all its influence to renounce the fees or special taxes
arising at border passage; in future such costs could be a component of the
later reimbursement by the assisted State.
b.
Information about national traffic regulations stipulating conditions for
using vehicles to be given when necessary to the assisting Party at the border.
30.4
CONDITIONS OF WORK
There is no problem with the crew of vessels. For assistance on land,
there would probably be difficulties in waiving the national laws of the
assisted State, and in requiring the assisting State to comply with rules other
than those applicable to them nationally.
Possible remedies:
It could be the responsibility of the SOSC to ensure that national rules
are observed for personnel under his command. It should be the responsibility of
the NOSC to ensure that the personnel under his command comply with the national
rules of the assisting country. The respective authorities of the assisted State
are responsible for informing the heads of strike teams about relevant labour
protection regulations.
30.5 INSURANCE OF
PERSONNEL
Possible remedies:
The insurance of Government personnel and employees of private firms
under contract to Government should be the responsibility of the assisting
Government which may claim reimbursement of costs from the assisted Government.
The insurance of personnel of private firms acting independently would not be
the responsibility of the Government.
30.6
CIVIL LIABILITY FOR INJURIES OR DAMAGE
Possible solution:
a.
Disputes over injuries or damages should be settled according to the
rules of civil liability. Responsibility for the payment of costs would rest
with the assisted State except in cases of ill intent, grave fault or gross
negligence.
b.
The assisted Party should always be informed when a dispute with a third
party is to be settled before a court of law. Where this is within the territory
of the assisted State, the latter should help the assisting Party or person
concerned.
30.7
ACCOMMODATION AND MEALS
Possible solution:
It should be the responsibility of the assisted State to arrange
accommodation and meals for assisting personnel when necessary or wanted.
30.8
MEDICAL TREATMENT
Possible solution:
The assisted Party should always make provision for the medical treatment
of personnel of the assisting Party when necessary or wanted.
30.9 EQUIPMENT AND
REPAIRS
Possible solution:
The assisted Party should help the assisting Party to the best of its
ability with maintenance and repairs of equipment which cannot be carried out by
personnel of the assisting Party.
30.10
PASSAGE THROUGH THE TERRITORY OF A
Possible solution:
The transit State, if member of the Bonn Agreement, should use its best
endeavours to facilitate the passage of equipment through its territory.
30.11 LEADERSHIP AND AUTONOMY OF
ASSISTANCE TEAMS
Possible solution: