CHAPTER
XI-2.
SPECIAL MEASURES TO ENHANCE MARITIME SECURITY
Amendments (Conference resolution) 2002
1.
For the purpose of this chapter, unless expressly provided otherwise:
.1 Bulk carrier
means a bulk carrier as defined in regulation IX/1.6.
.2 Chemical
tanker means a chemical tanker as defined in regulation VII/8.2.
.3 Gas carrier
means a gas carrier as defined in regulation VII/11.2.
.4 High-speed
craft means a craft as defined in regulation X/1.2.
.5 Mobile
offshore drilling unit means a mechanically propelled mobile offshore drilling
unit, as defined in regulation IX/1, not on location.
.6 Oil tanker
means an oil tanker as defined in regulation II-1/2.12.
.7 Company means
a Company as defined in regulation IX/1.
.8 Ship/port
interface means the interactions that occur when a ship is directly and
immediately affected by actions involving the movement of persons, goods or the
provisions of port services to or from the ship.
.9 Port facility
is a location, as determined by the Contracting Government or by the Designated
Authority, where the ship/port interface takes place. This includes areas such
as anchorages, waiting berths and approaches from seaward, as appropriate.
.10 Ship to ship
activity means any activity not related to a port facility that involves the
transfer of goods or persons from one ship to another.
.11 Designated
Authority means the organization(s) or the administration(s) identified, within
the Contracting Government, as responsible for ensuring the implementation of
the provisions of this chapter pertaining to port facility security and
ship/port interface, from the point of view of the port facility.
.12 ISPS Code
means the International Code for the Security of Ships and of Port Facilities
consisting of Part A (the provisions of which shall be treated as mandatory)
and part В (the provisions of which shall be treated as recommendatory), as
adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting
Governments to the International Convention for the Safety of Life at Sea, 1974
as may be amended by the Organization, provided that:
.1 amendments to part A of
the Code are adopted, brought into force and take effect in accordance with
article VIII of the present Convention concerning the amendment procedures
applicable to the Annex other than chapter I; and
.2 amendments to part В of
the Code are adopted by the Maritime Safety Committee in accordance with its
Rules of Procedure.
.13 Security
incident means any suspicious act or circumstance threatening the security of a
ship, including a mobile offshore drilling unit and a high speed craft, or of a
port facility or of any ship/port interface or any ship to ship activity.
.14 Security
level means the qualification of the degree of risk that a security incident
will be attempted or will occur.
.15 Declaration
of security means an agreement reached between a ship and either a port
facility or another ship with which it interfaces specifying the security
measures each will implement.
.16 Recognized
security organization means an organization with appropriate expertise in
security matters and with appropriate knowledge of ship and port operations
authorized to carry out an assessment, or a verification, or an approval or a
certification activity, required by this chapter or by part A of the ISPS Code.
2.
The term ship, when used in regulations 3 to 13, includes mobile offshore
drilling units and high-speed craft.
3.
The term all ships, when used in this chapter, means any ship to which this
chapter applies.
4.
The term Contracting Government, when used in regulations 3, 4, 7 and 10 to 13
includes a reference to the Designated Authority.
1.
This chapter applies to:
.1 the following types of
ships engaged on international voyages:
.1 passenger ships,
including high-speed passenger craft;
.2 cargo ships, including
high-speed craft, of 500 gross tonnage and upwards; and
.3 mobile offshore drilling
units; and
.2 port
facilities serving such ships engaged on international voyages.
2.
Notwithstanding the provisions of paragraph 1.2, Contracting Governments shall
decide the extent of application of this chapter and of the relevant sections
of part A of the ISPS Code to those port facilities within their territory
which, although used primarily by ships not engaged on international voyages,
are required, occasionally, to serve ships arriving or departing on an
international voyage.
2.1 Contracting Governments
shall base their decisions, under paragraph 2, on a port facility security
assessment carried out in accordance with the provisions of part A of the ISPS Code.
2.2 Any decision which a
Contracting Government makes, under paragraph 2, shall not compromise the level
of security intended to be achieved by this chapter or by part A of the ISPS
Code.
3.
This chapter does not apply to warships, naval auxiliaries and other ships
owned or operated by a Contracting Government and used only on Government
non-commercial service.
4.
Nothing in this chapter shall prejudice the rights or obligations of States
under international law.
Regulation 3.
Obligations of Contracting Governments with respect to security
1.
Administrations shall set security levels and ensure the provision of security
level information to ships entitled to fly their flag. When changes in security
level occur, security level information shall be updated as the circumstance
dictates.
2.
Contracting Governments shall set security levels and ensure the provision of
security level information to port facilities within their territory, and to
ships prior to entering a port or whilst in a port within their territory. When
changes in security level occur, security level information shall be updated as
the circumstance dictates.
Regulation 4.
Requirements for Companies and ships
1.
Companies shall comply with the relevant requirements of this chapter and of
part A of the ISPS Code, taking into account the guidance given in part В of
the ISPS Code.
2.
Ships shall comply with the relevant requirements of this chapter and of part A
of the ISPS Code, taking into account the guidance given in part В of the ISPS
Code, and such compliance shall be verified and certified as provided for in
part A of the ISPS Code.
3.
Prior to entering a port or whilst in a port within the territory of a
Contracting Government, a ship shall comply with the requirements for the
security level set by that Contracting Government, if such security level is higher
than the security level set by the Administration for that ship.
4.
Ships shall respond without undue delay to any change to a higher security
level.
5.
Where a ship is not in compliance with the requirements of this chapter or of
part A of the ISPS Code, or cannot comply with the requirements of the security
level set by the Administration or by another Contracting Government and
applicable to that ship, then the ship shall notify the appropriate competent
authority prior to conducting any ship/port interface or prior to entry into
port, whichever occurs earlier.
Regulation 5.
Specific responsibility of Companies
The
Company shall ensure that the master has available on board, at all times,
information through which officers duly authorised by a Contracting Government
can establish:
.1 who is
responsible for appointing the members of the crew or other persons currently
employed or engaged on board the ship in any capacity on the business of that
ship;
.2 who is
responsible for deciding the employment of the ship; and
.3 in cases
where the ship is employed under the terms of charter party(ies), who are the
parties to such charter party(ies).
Regulation 6.
Ship security alert system
1.
All ships shall be provided with a ship security alert system, as follows:
.1 ships
constructed on or after 1 July 2004;
.2 passenger
ships, including high-speed passenger craft, constructed before 1 July 2004,
not later than the first survey of the radio installation after 1 July 2004;
.3 oil tankers,
chemical tankers, gas carriers, bulk carriers and cargo high speed craft, of
500 gross tonnage and upwards constructed before 1 July 2004, not later than
the first survey of the radio installation after 1 July 2004; and
.4 other cargo
ships of 500 gross tonnage and upward and mobile offshore drilling units
constructed before 1 July 2004, not later than the first survey of the radio
installation after 1 July 2006.
2.
The ship security alert system, when activated, shall:
.1 initiate and
transmit a ship-to-shore security alert to a competent authority designated by
the Administration, which in these circumstances may include the Company,
identifying the ship, its location and indicating that the security of the ship
is under threat or it has been compromised;
.2 not send the
ship security alert to any other ships; .3 not raise any alarm on-board the
ship; and
.4 continue the
ship security alert until deactivated and/ or reset.
3.
The ship security alert system shall:
.1 be capable of
being activated from the navigation bridge and in at least one other location;
and
.2 conform to
performance standards not inferior to those adopted by the Organization.
4.
The ship security alert system activation points shall be designed so as to
prevent the inadvertent initiation of the ship security alert.
5.
The requirement for a ship security alert system may be complied with by using
the radio installation fitted for compliance with the requirements of chapter
IV, provided all requirements of this regulation are complied with.
6.
When an Administration receives notification of a ship security alert, that
Administration shall immediately notify the State(s) in the vicinity of which
the ship is presently operating.
7.
When a Contracting Government receives notification of a ship security alert
from a ship which is not entitled to fly its flag, that Contracting Government
shall immediately notify the relevant Administration and, if appropriate, the
State(s) in the vicinity of which the ship is presently operating.
Regulation 7.
Threats to ships
1.
Contracting Governments shall set security levels and ensure the provision of
security level information to ships operating in their territorial sea or
having communicated an intention to enter their territorial sea.
2.
Contracting Governments shall provide a point of contact through which such
ships can request advice or assistance and to which such ships can report any
security concerns about other ships, movements or communications.
3.
Where a risk of attack has been identified, the Contracting Government
concerned shall advise the ships concerned and their Administrations of:
.1 the current
security level;
.2 any security
measures that should be put in place by the ships concerned to protect
themselves from attack, in accordance with the provisions of part A of the ISPS
Code; and
.3 security
measures that the coastal State has decided to put in place, as appropriate.
Regulation 8.
Master's discretion for ship safety and security
1.
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
judgment 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.
2.
If, in the professional judgment of the master, a conflict between any safety
and security requirements applicable to the ship arises during its operations,
the master shall give effect to those requirements necessary to maintain the
safety of the ship. In such cases, the master may implement temporary security
measures and shall forthwith inform the Administration and, if appropriate, the
Contracting Government in whose port the ship is operating or intends to enter.
Any such temporary security measures under this regulation shall, to the
highest possible degree, be commensurate with the prevailing security level.
When such cases are identified, the Administration shall ensure that such
conflicts are resolved and that the possibility of recurrence is minimised.
Regulation 9.
Control and compliance measures
1.1
For the purpose of this chapter, every ship to which this chapter applies is
subject to control when in a port of another Contracting Government by officers
duly authorised by that Government, who may be the same as those carrying out
the functions of regulation 1/19. Such control shall be limited to verifying
that there is onboard a valid International Ship Security Certificate or a
valid Interim International Ships Security Certificate issued under the
provisions of part A of the ISPS Code (Certificate), which if valid shall be
accepted, unless there are clear grounds for believing that the ship is not in
compliance with the requirements of this chapter or part A of the ISPS Code.
1.2
When there are such clear grounds, or where no valid Certificate is produced
when required, the officers duly authorized by the Contracting Government shall
impose any one or more control measures in relation to that ship as provided in
paragraph 1.3. Any such measures imposed must be proportionate, taking into
account the guidance given in part В of the ISPS Code.
1.3
Such control measures are as follows: inspection of the ship, delaying the
ship, detention of the ship, restriction of operations including movement
within the port, or expulsion of the ship from port. Such control measures may
additionally or alternatively include other lesser administrative or corrective
measures.
2. Ships intending to enter a port of another
Contracting Government
2.1
For the purpose of this chapter, a Contracting Government may require that
ships intending to enter its ports provide the following information to
officers duly authorized by that Government to ensure compliance with this
chapter prior to entry into port with the aim of avoiding the need to impose
control measures or steps:
.1 that the ship
possesses a valid Certificate and the name of its issuing authority;
.2 the security
level at which the ship is currently operating;
.3 the security
level at which the ship operated in any previous port where it has conducted a
ship/port interface within the timeframe specified in paragraph 2.3;
.4 any special
or additional security measures that were taken by the ship in any previous
port where it has conducted a ship/port interface within the timeframe
specified in paragraph 2.3;
.5 that the
appropriate ship security procedures were maintained during any ship to ship
activity within the timeframe specified in paragraph 2.3; or
.6 other
practical security related information (but not details of the ship security
plan), taking into account the guidance given in part В of the ISPS Code.
If
requested by the Contracting Government, the ship or the Company shall provide
confirmation, acceptable to that Contracting Government, of the information
required above.
2.2
Every ship to which this chapter applies intending to enter the port of another
Contracting Government shall provide the information described in paragraph 2.1
on the request of the officers duly authorized by that Government. The master
may decline to provide such information on the understanding that failure to do
so may result in denial of entry into port.
2.3
The ship shall keep records of the information referred to in paragraph 2.1 for
the last 10 calls at port facilities.
2.4
If, after receipt of the information described in paragraph 2.1, officers duly
authorised by the Contracting Government of the port in which the ship intends
to enter have clear grounds for believing that the ship is in non-compliance
with the requirements of this chapter or part A of the ISPS Code, such officers
shall attempt to establish communication with and between the ship and the
Administration in order to rectify the non-compliance. If such communication
does not result in rectification, or if such officers have clear grounds
otherwise for believing that the ship is in non-compliance with the
requirements of this chapter or part A of the ISPS Code, such officers may take
steps in relation to that ship as provided in paragraph 2.5. Any such steps
taken must be proportionate, taking into account the guidance given in part В
of the ISPS Code.
2.5
Such steps are as follows:
.1 a requirement
for the rectification of the non-compliance;
.2 a requirement
that the ship proceed to a location specified in the territorial sea or
internal waters of that Contracting Government;
.3 inspection of
the ship, if the ship is in the territorial sea of the Contracting Government
the port of which the ship intends to enter; or
.4 denial of
entry into port.
Prior
to initiating any such steps, the ship shall be informed by the Contracting
Government of its intentions. Upon this information the master may withdraw the
intention to enter that port. In such cases, this regulation shall not apply.
3.1
In the event:
.1 of the
imposition of a control measure, other than a lesser administrative or
corrective measure, referred to in paragraph 1.3; or
.2 any of the
steps referred to in paragraph 2.5 are taken, an officer duly authorized by the
Contracting Government shall forthwith inform in writing the Administration
specifying which control measures have been imposed or steps taken and the
reasons thereof. The Contracting Government imposing the control measures or
steps shall also notify the recognized security organization, which issued the
Certificate relating to the ship concerned and the Organization when any such
control measures have been imposed or steps taken.
3.2
When entry into port is denied or the ship is expelled from port, the
authorities of the port State should communicate the appropriate facts to the
authorities of the State of the next appropriate ports of call, when known, and
any other appropriate coastal States, taking into account guidelines to be
developed by the Organization. Confidentiality and security of such
notification shall be ensured.
3.3
Denial of entry into port, pursuant to paragraphs 2.4 and 2.5, or expulsion
from port, pursuant to paragraphs 1.1 to 1.3, shall only be imposed where the
officers duly authorized by the Contracting Government have clear grounds to
believe that the ship poses an immediate threat to the security or safety of
persons, or of ships or other property and there are no other appropriate means
for removing that threat.
3.4
The control measures referred to in paragraph 1.3 and the steps referred to in
paragraph 2.5 shall only be imposed, pursuant to this regulation, until the
non-compliance giving rise to the control measures or steps has been corrected
to the satisfaction of the Contracting Government, taking into account actions
proposed by the ship or the Administration, if any.
3.5
When Contracting Governments exercise control under paragraph 1 or take steps
under paragraph 2:
.1 all possible efforts
shall be made to avoid a ship being unduly detained or delayed. If a ship is
thereby unduly detained, or delayed, it shall be entitled to compensation for
any loss or damage suffered; and