Maritime Security

INTRODUCTION OF THE ISPS CODE

1.The new International Maritime Organisation (IMO) requirements under the International Ship and Port Facility Security (ISPS) Code come into effect on 1 July 2004.

2. Implementation of the Code will require Posts to pay more attention to maritime security issues, especially in areas where there is an enhanced level of threat to maritime interests, or where there are concerns about the security of port facilities.

3. The new IMO security requirements have been developed to counter the threats of acts of terrorism against ships and ports and sets out a mandatory international framework, which is fully supported by the UK. The aim is to establish an international framework to detect and assess security threats and take preventative measures against security incidents affecting ships or port facilities used in intemational trade.

4, The International Ship and Port Facility Security (ISPS) Code was drafted and agreed at the same time as the new Safety of Life at Sea (SOLAS) Regulations and provides further detail and guidance on the measures outlined in the Regulation. The Code has two parts; Part A contains mandatory requirements and Part B contains detailed guidance. Member States who have signed up to the agreement must implement the mandatory requirements of the C:ode by 1st July 2004. The Regulations and ISPS Code apply to the following types of ships engaged on international voyages; passenger ships, including high-speed passenger craft; cargo ships, including high speed craft of 500 gross tonnage and upwards, and mobile offshore drilling units, as well as port facilities serving such ships engaged on intemational voyages.

5. Requirements under the ISPS code are wide-ranging but include; ship and port facility security assessments, ship and port facility security officers, ship and port facility security plans, training for security personnel, ship and port facility security drills and exercises, a system of three international Security levels, ship security certificates, ship identification numbering, Automatic Identification Systems (AIS) for ships, ship security alert systems, sharing of information intemationally and control and compliance measures.

6. The United States is the driving force behind the new security initiatives. In addition to its multilateral approach, a unilateral approach is being taken towards homeland security. The US has enacted legislation, predating the ISPS Code, which reduces the limit to 100 gross tonnage.

It is not clear at this stage whether the US will require all ships trading to the US to submit ship security plans to the United States Coast Guard (USCG) for approval prior to arrival. The USCC consideration that this requirement is met through flag state approval of ship security plans is still being debated in the US legislature.

7. Implementation of the ISPS requirement by the 1st July deadline will be challenging for many countries, but failure to do so would jeopardise trade, as the US and other major countries will Impose security constraints on ships that have called at non-compliant ports. We would welcome reporting on the state of preparations for implementation in your host country.

8. Transport Security Directorate (TRANSEC) in the Department for Transport (DfT) have overall responsibility for implementing the IMO requirements and deal primarily with port facility, and passenger ship security. The Maritime and Coastguards Agency is responsible for cargo and freight security. TRANSEC may request your assistance in liaising with local maritime authorities and facilitating inspection visits.

Frequently Asked Questions

What is a Declaration of Security (DoS)?

A Declaration of Security is an agreement reached between a ship and a port facility, or a ship and another ship, when they interface. It details the respective security measures each, will undertake and forms a key part of the ISPS Code. A DoS may be requested either by a Ship Security Officer (SSO) or a Port Facility Security Officer (PFSO) and might be requested, for example, when a ship is at a higher Security Level than a port facility

What do the Security Levels mean and who will set them?

The three Security Levels reflect the likelihood of a security incident. Security Level 1, ships and ports required to have baseline security measures in place, as outlined in the Port Facility Security Plan (PFSP). Security Level 2 represents a heightened level of threat, and ships and ports will be required to increase their levels of protective security. Security level 3 represents an imminent and specific threat, ships and ports will be required to increase security provision and also respond to instructions from the relevant authorities. TRANSEC are still in the process of reconciling the existing 6 security levels (traditionally used in the UK) with the 3 new levels introduced under ISPS. Until this takes place the existing descriptors should continue to be used.

What should a ship do when entering a foreign port?

When ships are intending to enter a foreign port they may be required to provide information to the port state, including: confirmation that the ship possesses a valid International Ship Security Certificate (ISSC); the Security Level at which the ship is operating; the Security Level at which the ship operated in at the last ten ports of call; any special or additional security measures undertaken at the last ten ports of call; confirmation that appropriate procedures were maintained during any ship-to-ship activity between the last ten ports of call; and other practical security related information.

What happens if all the necessary information is provided but the Member State believes the ship is not in compliance with the ISPS Code?

If, after receipt of this information, there are clear grounds for believing that the ship is in non compliance with the ISPS Code, port state control officers are to attempt to establish communications with the ship and its Administration in order to rectify the situation. Should this fail, they may take proportionate steps that include: a requirement to rectify the non compliance; a requirement that the ship proceed to a location specified in the country's territorial seas or internal waters; inspection of the ship if it is within their territorial sea; and/or denial of entry into port.

Why would TRANSEC inspectors carry out an overseas visit, and what assistance would they require?

UK ships may have concerns about port security issues whilst overseas. In order to quickly resolve the matter TRANSEC may require a post to liaise with local port staff, and to consult with TRANSEC as necessary. TRANSEC inspectors will continue to check the security arrangements in place when UK flagged cruise ships call at foreign ports, and may seek local assistance in making arrangements for their visit and the translation of key documentation.

Where can I find out more information?

Further Information about the UK National Maritime Security Programme (NMSP), or about the contents of this note, can be obtained from the Maritime Security Branch of TRANSEC on 020 7944 2844, or by email at: maritimesecurity@dft.gsi.gov.uk. The lMO website contains details of ISPS under Maritime Security.