Chapter 1 Annex 7 - Note on the Immigration (Carriers' Liability) Act 1987

Background
The mid 1980s saw a growth in the number of passengers who arrived in the UK without adequate documentation. Legislation was introduced to counter this trend. It also served to underpin visa regimes by reinforcing the message already given to carriers that they had a responsibility for ensuring that the passengers they proposed to bring to the UK were properly documented.

The principle was not new to carriers. Many carriers have made determined efforts to comply and over the years the number of inadequately documented passengers arriving in the UK has fallen. This indicates that the basic training message to carriers is getting through.

The Immigration (Carriers Liability) Act 1997 was replaced on 8 December 2002 with Section 40 of the Immigration and Asylum Act 1999 (as amended). Under Section 40 carriers have the right to follow a formal written objections procedure and/or may also appeal to the Court against the decision that it is liable to a charge. Train operators are not liable under Section 40. Over 100 countries now have similar legislation.

Training Visits
The UK Immigration Service (IS) offers training in passport and visa requirements and in the detection of fraudulent documentation to individual carriers on request. The IS has undertaken numerous such bilateral training visits.

UK Border Agency, Visa Services Directorate will inform posts when such a visit is due to take place. It is often useful for consular staff to meet the training team and to attend one of the training sessions if possible, as posts may be the first point of contact for carriers who have doubts about a passenger’s documentation.

Document Team Placements
On occasion there has been a programme of placements involving teams who travel to countries from which inadequately documented passengers often come to conduct training for control authority personnel and carriers' staff in the detection of document abuse. The teams also offer assistance to carriers on document integrity at the final departure gate.

The officers concerned understand that they come under the command of the Head of Mission and that they have no powers whatsoever to prevent passengers from travelling. It is often useful for the agreed responsibilities to be laid out in a Memorandum of Understanding with the host government.

Posts will normally have a role to play in making arrangements for the team’s accommodation and transport, and for liaison with the host authority and carriers.

Results to date have been encouraging and the support of posts has been crucial in ensuring the success of the initiative so far. Resources are limited and must be targeted at those locations which figure prominently as sources of inadequately documented passengers. Posts in such locations will be contacted initially by UK Border Agency, Visa Services Directorate in order to establish whether such a placement is feasible.

Airline Liaison Officers
The UK Immigration Service has a network of Airline Liaison Officers (ALOs) in over 30 locations overseas which have been identified as significant points of embarkation for inadequately documented arrivals (IDAs) in the United Kingdom. In a number of locations they are assisted by Deputy ALOs (DALOs) who provide operational support. ALO floaters provide a further flexible resource, to cover leave or respond to new or emerging IDA threats. The network is also supported by a small team of officers available to be deployed from the United Kingdom on short-term attachments.

ALOs are Chief Immigration Officers (CIOs) who are specially selected and trained. They are posted overseas as part of a UK mission, to offer advice, training and expertise to airlines with a view to preventing or disrupting the carriage of inadequately documented arrivals to the United Kingdom. This is achieved by regular attendance at the airport and through an extensive programme of formal training for airline staff in UK passport and visa requirements and forgery awareness. They also offer forgery training to consular staff and foreign control authorities.

ALOs have no legal powers in foreign jurisdiction and work to a Code of Conduct issued under the auspices of the IATA/CAWG (International Air Transport Association/Control Authorities Working Group). The decision to carry a passenger or to deny boarding is always made by the airline.

Approved Gate Check (AGC)
This is an arrangement whereby the UK Border Agency agrees that it will normally waive charges relating to passengers who arrive without documents in return for an audited high standard of document checking and security procedures at a port of embarkation, a generally good level of co-operation from the carrier, and a satisfactory record in respect of its responsibilities under the legislation. The AGC scheme is administered by the Airline Liaison Officer Network (ALON) UK office.

IATA/Control Authorities Working Group (IATA/CAWG)
IATA/CAWG is an informal group of control authorities and national airlines from around 20 member states. It was established in 1987 and aims to bring together immigration authorities and national airlines to discuss a range of immigration issues e.g. the movement of inadequately documented passengers and the impact of new electronic passenger processing procedures. The group meets twice a year and meetings are jointly chaired by IATA and the host immigration authority.

The IATA/CAWG group has published papers offering guidelines on a range of immigration issues, including deportation and escort, the removal of inadmissible passengers and a code of conduct for immigration liaison officers. The group also hold joint interdiction exercises at problem airports overseas, aimed at identifying and disrupting the organised movement of inadequately documented passengers.

UK Statistics
Statistics of inadequately documented arrivals in the UK are published monthly. They detail the nationalities prominent in the use of inadequate documentation, the principal carriers and the routes used. Posts should remember that statistics relating to one carrier should not be discussed with another, as they are commercial-in-confidence.

If you would like to receive a regular copy of the statistics, please write to:

Andrew Leng
Border Control Business Support Unit
2nd Floor
Green Park House
29 Wellesley Road
Croydon
CR0 2AJ

Tel: 020 8745 2385
Fax: 020 8745 2377
Email: Andrew.Leng2@homeoffice.gsi.gov.uk

Training and advice for carriers
The Immigration Service will consider requests from carriers to provide training to their staff overseas on how to identify inadequately documented passengers and related issues.

If an ALO is in post they should be the first point of contact. If there is no ALO in post, you should contact the UK port which receives the carrier. The training team will normally comprise two staff who are experienced in Carrier’s Liability matters and the detection of forged/counterfeit travel documents. Training sessions typically include the use of a PowerPoint presentation and specimen forged documents. The carrier is responsible for providing the team with appropriate return air tickets, hotel accommodation, meals, essential ground transportation and all training facilities. There is no charge for the services of the training team or for training material.

Interested carriers should be referred to HM Inspector (Immigration) at their principal UK port of arrival or alternatively the training team at the Airline Liaison Officer Network: ALONetwork.Trainingteam@homeoffice.gsi.gov.uk

If such training cannot be arranged and it is felt that the Entry Clearance Officer (ECO) at post can provide assistance to an appropriate standard, arrangements may be made locally. In these circumstances, however, the post should make prior contact with the training team at the Airline Liaison Officer Network for general advice and any relevant information concerning the carrier and port involved.

Some posts have made arrangements for regular liaison meetings with carriers, particularly after a training visit has taken place. These provide a useful opportunity to maintain contact with and give additional advice to carriers. There is also no objection to posts continuing to advise whether a document is authentic; but normally you should not do so in writing as such letters are easily compromised.

Where assistance is given at a port during embarkation procedures, care must be taken to avoid any impression of pre-entry screening and carriers should be made aware that assistance can only be given in respect of what are acceptable travel documents and visa requirements. In all cases the decision whether or not to accept a passenger for travel lies with the carrier.

Conclusion
The purpose of the Carriers’ Liability legislation is not to raise revenue or to penalise carriers. Its aim is to deter inadequately documented passengers from seeking to travel to the UK. The UK is not alone in introducing such legislation and carriers can look to the IS for co-operation and assistance in combating this world-wide problem. Posts abroad are well placed to spread the carriers’ liability message and can often detect at an early stage new trends in the movements of inadequately documented passengers.

The Airline Liaison Officer Network seeks to work closely with posts on this subject and is happy to be contacted direct on matters relating to intelligence and training. Advice on other aspects of the carriers' liability legislation, such as representations arising from charges imposed, should be directed via UK Border Agency, Visa Services Directorate to Carriers Liaison Section at Green Park House:

HM Inspector
Airline Liaison Officer Network
Amadeus
The Quartet
Mondial Way
Hayes
Middlesex
UB3 5AR

Tel: 020 3014 8230
Fax: 020 3014 8221
Email: s40cl.enquiries@homeoffice.gsi.gov.uk

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