The Convention on Facilitation of International Maritime Traffic, 1965, as amended, (The FAL Convention), define stowaway as "A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the Master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities".
Unnoticed by the Master, the crew, port and customs authorities, stowaways may gain access to the ship with or without the assistance of port personnel. Once on board the ship stowaways hide in empty containers, cargo holds, tanks, tunnels, behind false panels, stores, accommodation area, engine rooms, void spaces, cranes, chain lockers.
The presence of stowaways on board ships may bring serious consequences for ships and, by extension, to the shipping industry as a whole; the ship could be delayed in port; the repatriation of stowaways can be a very complex and costly procedure involving masters, shipowners, port authorities and agents; and the life of stowaways could be endangered as they may spent several days hidden, with the risk of suffocation and without any water / provisions.
The International Maritime Organization strongly encourages that appropriate measures be taken to reduce risks of unauthorized persons boarding ships. The FAL Convention has clear ship/port "Preventive measures" and recommended practices on the "Treatment of stowaways while on board" and "Disembarkation and return of a stowaway".
The Facilitation Committee, at its thirty seventh session (FAL 37), in 2011, adopted resolution FAL.11(37)
in "Revised guidelines on the prevention of access by stowaways and the allocation of responsibilities to seek the successful resolution of stowaway cases". This resolution is particularly addressed to Member Governments which are not contracting Governments of the FAL Convention and to those Member States which find it impracticable to comply with the relevant Recommended Practices of the FAL Convention.
The Facilitation Committee invited IMO Member Governments and international organizations in consultative status, through Circular FAL.2/Circ.50.Rev.2
, to provide the Organization with information on stowaway incidents. The information is collated and issued quarterly as a FAL.2 Circular.
Taking into account that incidents of stowaways represent a serious problem for the shipping industry and that no signs of improvements have been seen regarding the reduction of stowaway cases, the Organization strongly encourages Member States to fully implement the International Convention for the Safety of Life at Sea (SOLAS), chapter XI-2 on measures to enhance maritime security, and the ISPS Code, which also contain clear specifications on access control and security measures for port facilities and ships.