Circular Letter
MSC/Circ.1156
GUIDANCE ON THE ACCESS OF PUBLIC AUTHORITIES, EMERGENCY RESPONSE SERVICES AND
PILOTS ON BOARD SHIPS TO WHICH SOLAS CHAPTER XI-2 AND THE ISPS CODE APPLY
(23 May 2005)
1.
The Maritime Safety Committee (the Committee), at its seventy-ninth session (1
to 10 December 2004) agreed that under certain circumstances the strict
application of access control measures by a ship might not be conducive to the
safety of the ship or of persons on board, or of other ships in the vicinity,
and might even be construed as preventing officials from exercising their
statutory functions.
2.
The Committee, at its eightieth session (11 to 20 May 2005), in an effort to
assist those concerned with the matter, approved the Guidance on the access of
public authorities, emergency response services and pilots on board ships to
which SOLAS chapter XI-2 and the ISPS Code apply (the Guidance) as set out at
annex.
3.
SOLAS Contracting Governments are invited to bring the Guidance to the
attention of all parties concerned with matters addressed therein.
4.
SOLAS Contracting Governments, international organizations and non-governmental
organizations with consultative status which encounter difficulties with the
implementation of the Guidance should bring, at the earliest opportunity, the
matter to the attention of the Committee for consideration of the issues
involved and decision on the actions to be taken.
5.
The present circular should be read in conjunction with MSC/Circ.1112 on Shore
leave and access to ships under the ISPS Code to which it relates.
Annex.
GUIDANCE ON THE ACCESS OF PUBLIC AUTHORITIES, EMERGENCY RESPONSE SERVICES AND
PILOTS ON BOARD SHIPS TO WHICH SOLAS CHAPTER XI-2 AND THE ISPS CODE APPLY
1.1
The purpose of this guidance is to provide recommended practice in relation to
the access of public authorities, emergency response services and pilots
on board ships to which SOLAS chapter XI-2 and the ISPS Code apply, in order to
facilitate the activities and responsibilities of ships, ports facilities and
of the authorities of SOLAS Contracting Government.
1.2
During routine and normal ship/port interface and ship-to-ship activities it is
usual for a variety of commercial, private and Governmental personnel to
require access to a ship. Access control measures incorporated in Ship Security
Plans (SSPs) that implement the requirements of the ISPS Code should, during
routine ship/port interface and ship-to-ship activities, normally be respected
by everyone, including officials seeking access to ships and restricted areas
on board them.
1.3
In addition to routine and normal access, under ordinary circumstances, there
are a variety of situations where law enforcement or emergency response
personnel need to conduct law enforcement functions to address specific
security problems or to respond to emergency situations such as fires. In such
situations it may not be possible or reasonable for the ship’s security
personnel to implement the normal access control provisions required by the
SSP. The security and safety of the ship and of the port facilities require
that practices be established that expedite access control for public
authorities, emergency response services and pilots. The observance of
such practices should not be construed as a failure of the ship to implement or
to maintain appropriate security measures nor used by officials as an excuse
for circumventing a ship's security measures when conducting routine and normal
operations requiring access to ships.
1.4
It is noted that paragraph B/9.12 of the ISPS Code states that those unwilling
or unable to establish their identity and/or to confirm the purpose of their
visit when requested to do so should be denied access to the ship and their
attempt to obtain access should be reported, as appropriate, to the Ship
Security Officer, the Company Security Officer, the Port Facility Security
Officer and to the national or local authorities with security
responsibilities.
2.1
For the purpose of this guidance:
.1 Public
authorities means the agencies or officials in a State responsible for the
application and enforcement of the laws, regulations, orders and decrees of
that State; and
.2 Emergency
response services means the medical, paramedical and ambulance personnel,
fire and rescue personnel, and at sea search and rescue (SAR) units responding
to or participating in SAR operations.
2.2
Public authorities include but are not limited to immigration, customs and
health officials, police, military and coast guard officers, surveyors and
inspectors authorized by that State to exercise - pursuant to the provision of
international treaties the State is party to control (port State control) or
control and compliance measures (in accordance with SOLAS regulation XI-2/9) or
to carry out investigations into alleged violations of the provisions of the
national legislation or to carry out marine accident investigations or judicial
enquiries. Public authorities also include the security services of the State.
In addition, public authorities include surveyors, inspectors, auditors, marine
accident investigators and persons investigating alleged violations of the
international treaties and the provision of the national legislation of the
State the flag of which is entitled to fly, directly employed by the flag
State.
2.3
Public authorities and emergency response services and pilots may be uniformed
officials or persons in civilian clothing.
Related
reference: MSC/Circ.1132,
paragraphs 18, 19, 20 and 21.
3. The position of
SOLAS chapter XI-2 and of the ISPS Code
3.1
The Special measures to enhance maritime security contained in SOLAS chapter
XI-2 and in the ISPS Code have been developed for the purpose of enhancing the
security in the international maritime transport sector and should not be used
to unnecessary or unjustified delay or inhibit the access on board of public
authorities and emergency response services.
3.2
The ISPS Code, in order to achieve its objectives, embodies a number of
functional requirements. These include, but are not limited to preventing
unauthorized access to ships, port facilities and their restricted areas
(section A/1.3.3 of the ISPS Code).
3.3
The fact that a ship security plan (SSP) has been approved by the
Administration or by a recognized security organization acting on its behalf
does not create a right for either the ship or for those on board to invoke its
provisions, and to claim, in any circumstance and regardless of what is
required by the applicable security level, that they have authority to prevent
any public authority from boarding the ship when that ship is within the
territory of another SOLAS Contracting Government or of another State.
3.4
It should be noted that SOLAS regulation XI-2/8 on Master’s discretion for ship
safety and security provides that:
"The master
shall not be constrained by the Company, the charterer or any other person from
taking or executing any decision which, in the professional judgement of the
master, is necessary to maintain the safety and security of the ship. This
includes denial of access to persons (except those identified as duly
authorized by a Contracting Government) or their effects and refusal to load
cargo, including containers or other closed cargo transport units."
3.5
Delaying unnecessarily the arrival of the pilot on the bridge, especially when
the ship is underway, is detrimental to the safety of navigation and may lead
to situations where the safety of the ship and of other ships or of people in
the vicinity may be jeopardized.
3.6
Inhibiting the access of public authorities on board may be construed as
obstructing them from executing their duties or obstructing judicial or other
statutory proceedings or the administration of justice, when public authorities
are lawfully seeking to board a ship. In such a case, the public authority
should inform the master of the ship of the laws, regulations, decrees or
orders which gives the public authority the legal right to access the ship in
accordance with international or national law. In accordance with the
paragraphs 4.4 and 9.1.5 the public authority should present an identity
document when seeking to board a ship and the ship may seek to verify its
authenticity.
4.1
SOLAS Contracting Governments should issue appropriate identification documents,
which should include a photograph of the holder, where appropriate, to
Government officials entitled to board ships or enter port facilities when
performing their official duties and to establish procedures whereby the
authenticity of such documents might be verified. Government officials should
present their identification documents when requested to do so at access
control points to port facilities and ships and if challenged when on board.
4.2
SOLAS Contracting Governments should ensure that the method of verifying the
authenticity of identification documents carried by public authorities and
emergency response services is available to ships directly through information
provided by the port State or the coastal State.
4.3
The form, format and language of identity documents, of public authorities, and
of emergency response services and of pilots are regulated by national or local
legislations and there is no international standard to this end. In some cases,
such identity documents do not bear the name of the individual but simply an
identification number which may be alphanumeric or may not include the name of
the individual but simply a photograph of the holder. If the language of the
identity documents is not in English, French or Spanish these should have a
translation, in one of the three, preferably English, included in the same
document of identity.
4.4
Public authorities, emergency response services and pilots whether in uniform
or not, should present an identity document when seeking to board a ship.
Section A/17.2.13 of the ISPS Code requires the port facility security officer
(PFSO) to assist ship security officer (SSOs) in confirming the identity of
those seeking to board the ship when requested and the port facility plan
(PFSP) should, in accordance with paragraph B/16.8.13 of the ISPS Code,
establish for all security levels, the procedures for assisting SSOs in
confirming the identity of those seeking to board the ship. When presenting
identity documents the person concerned should be ready to provide contact
details which allow the validity of the identification document to be verified,
in addition to the information provided to the ship, in accordance with the
paragraph 4.2 above.
4.5
Emergency response services need to show only the identity document of the
person-in-charge of the team responding to the incident, where practicable. The
person-in-charge should be able to inform the ship the number of emergency
response personnel who are boarding.
4.6
The issue of visitor identification documents by the ship to public
authorities, emergency response services and pilots who have provided, when
seeking to board the ship, verifiable identity may not be warranted and may
exhibit, in lieu of visitor identification documents issued by the ship, their
official identification documents. If the aforesaid do not display visitor
identification documents issued by the ship, this fact should not be construed
as a failure of the ship to implement or to maintain appropriate security
measures. Public authorities, emergency response services and pilots should not
be required to surrender their official identification documents when boarding
a ship.
Related
reference: Section A/17.2.13 and paragraphs B/4.18, B/9.11 and B/16.8.13 of the
ISPS Code and paragraph 2.7 of the Interim guidance on control and compliance
measures to enhance maritime security (resolution MSC.159(78)).
5.1
Public authorities properly identified and acting in the course of their duties
should not be subject to searches by the shipboard personnel when boarding the
ship.
5.2
At the discretion of the master or of the SSO, properly identified emergency
response personnel who are responding to an emergency, for example a fire
onboard, should not be subject to search by shipboard personnel when boarding
the ship.
5.3
The engagement of pilots is in various locations compulsory and pilotage is
subject in certain countries to local regulations and practices. Pilots
boarding at sea and at the dock are subject to access control measures at the
discretion of the master or the SSO in accordance with the provisions of SSP.
The master or the SSO should communicate with the pilots to ensure that access
control measures for pilots boarding at sea are conducted in such a way that
the pilot is not precluded from reaching the bridge in time to conduct the
master-pilot information exchange and begin providing piloting services
necessary for the safety of the ship and for the safety of navigation. If
necessary to ensure that the pilot has timely access to the bridge,
verifications of employment and other access control measures, such as
searches, in accordance with the provisions of the SSP may be waived once the
identity of the pilot has been verified to the satisfaction of the master or SSO.
Pilot organizations are encouraged to develop pre-authorization and
pre-clearance procedures with ships to facilitate the boarding of pilots.
Related
reference: Paragraphs B/9.14, B/9.15 and B/9.16.5 of the ISPS Code.
6.1
It is a customary practice to escort the pilot from the deck to the navigation
bridge on arrival and from the navigation bridge to the deck during the
departure of the pilot.
6.2
It is reasonable to expect that public authorities and emergency response
service may not be familiar with the layout of the ship and thus escorting them
whilst on board might be the prudent course of action. However, it is
recognized that in certain cases, either due to the number of the shipboard
personnel or due to the prevailing circumstances at the time, it might not be
possible or practicable to escort public authorities through the duration of
their stay on board. In such a case, the master and/or the SSO should have a
general understanding as to the movements of public authorities and emergency
response services on board. The fact that public authorities and emergency
response services might conduct their duties unescorted should not be construed
as a failure of the ship to implement appropriate security measures, neither a
case to prevent public authorities and emergency response services to perform
their duties.
6.3
When the arrangements to be made for the escort of public authorities and of
emergency response services and of the pilots are provided, they should be such
as not to unnecessarily delay, in any way, the performance of their duties.
Related
reference: Paragraph B/9.16.6 of the ISPS Code.
7. Access to
Restricted Areas on board
7.1
In the course of routine, emergency, or law enforcement duties, public
authorities and emergency response services may require access to restricted
areas identified by the SSP according to the paragraph B/9.1of the ISPS Code,
it is expected, once the reasons for seeking access to a restricted area have
been established or if they indicate that such establishment would amount the
obstruction of the performance of their duties, that the ship would immediately
make arrangements for the access to such areas.
7.2
Although the navigation bridge is likely designated as a restricted area,
pilots require access to the bridge to perform their essential safety
activities. Pilots should be granted access to the bridge without the need to
establish any other reason once the identity of the pilot has been established
to the satisfaction of the master and/or SSO.
Related
reference: Paragraph B/9.20 of the ISPS Code.
8.1
The national legislation of each State provides which public authorities and
under what circumstances are to carry firearms during the performance of their
duties. The master and the SSO should expect that various public authorities
will be armed when on board.
8.1.1 These
officials should not be asked to surrender their firearms when boarding a ship.