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Background
1.
In December 2002 the International Maritime Organisation (IMO)
adopted a number of amendments to the 1974 Safety of Life at Sea
(SOLAS) Convention including
The International Ship and Port
Facilities Security (ISPS) Code. The ISPS Code applies a series of
measures to strengthen maritime security and prevent acts of terrorism
against shipping; the Code will come into force on 1st July 2004 and
contains detailed security related requirements for governments, port
authorities and shipping companies in a mandatory section (Part A)
together with a series of guidelines about how to meet these requirements
in a second, non-mandatory, section (Part B). In the United States of
America, Part B will also be mandatory with effect from 1st July 2004.
Objectives of the Code
2.
To detect security threats and take measures to prevent security
incidents affecting ships or port facilities used in international trade.
3.
To establish the respective roles and responsibilities of the
Contracting Governments, Government agencies, local administrations
and the shipping and port industries for ensuring maritime security.
4.
To ensure the collection and exchange of security related
information.
5.
To ensure plans and procedures are in place to react to changing
security levels.
6.
To ensure confidence that adequate and proportionate maritime
security measures are in place.
To what does the Code apply?
7.
(b) Cargo ships including high speed craft of 500 gross tonnage
and upwards;
(c)
8.
9.
In essence, the ISPS Code takes the approach that ensuring the
security of ships and port facilities is basically a risk management activity
and that, in order to determine what security measures are appropriate, an
assessment of the risks must be made in each particular case. The
purpose of the ISPS Code is to provide a standardised, consistent
framework for evaluating risk, enabling governments to offset changes in
threat levels with changes in vulnerability for ships and port facilities. This
risk management concept will be embodied in the ISPS Code through a
number of minimum functional security requirements for ships and port
facilities.
Responsibilities of Contracting Governments
10. Under SOLAS chapter X I-2 and part A of the Code, Contracting
Governments can establish designated authorities within government to
undertake their security responsibilities under the Code. Governments or
designated authorities may also delegate the undertaking of certain
responsibilities to Recognised Security Organisations (RSOs) outside
government.
11. The setting of the security level applicable at any particular time will
be the responsibility of Contracting Governments and will apply to their
ships and port facilities. The code defines three security levels for
international use:
(a)
(b) Security Level 2: lasting for the period of time when there is a
heightened risk of a security incident. Involves enhanced security
measures;
(c)
Security Level 3: lasting for the period of time when there is a
probable or imminent risk of a security incident.
12. Levels 2 and 3 may involve a Declaration of Security (DOS) paragraph 5 of part B of the Code requires a DOS when the Contracting
Government of the port facility or the ship deems it necessary. It is likely
that a DOS will be necessary where a ship has a different security level to
the port at which it intends to call. If the ship has a security level of 3 this
could result in the evacuation of the ship or its movement out of the port
facility. The main purpose of a DOS is to ensure agreement is reached
between the ship and the port facility, or with other ships with which the
20. The Code provides clear guidelines as to the role and training of the
officers, what is required to complete an assessment and what the plans
must contain, including different provisions for different security levels.
Shipping Companies Requirements
21. All shipping companies (which may be the owners, operators or
managers of the ship) operating ships to which the Code applies must
have a Company security officer a person to ensure that a ship
security assessment is carried out, and that the ship security plan is
developed, implemented and maintained, and to liaise with ship security
officers and port facility officers.