LP News issue 17 - UK P&I Members Area

isps summaryISPS and legalimplicationsWith the entry into force of the ISPSCode, we summarise below some of thekey requirements and legal implications.■ SOLAS was amended in December2002 to include a new Chapter XI-2addressing ship security.■ In addition, the International Ship andPort Facility Security (ISPS) Code wasadopted.■ The ISPS Code came into force on1 July 2004.Interested parties■ Passenger ships, including high-speedpassenger craft;■ Cargo ships, including high-speed craft,of 500 gross tonnage and upwards;■ Mobile offshore drilling units;■ Shore facilities serving such shipsengaged on international voyages.Summary of requirementsA Ship modificationsAs of 1 July 2004 vessels are required to:■ Fit and carry an automaticidentification system;■ Show the ship identification numberinternally and externally;■ Have a compliant ship security alertsystem.B Documentary / informationrequirements for shipsVessels are required to:■ Carry a ship security plan which hasbeen approved by, or on the behalf of,the flag state;■ Obtain and carry an international shipsecurity certificate issued or authorisedby the flag state;■ Carry a continuous synopsis recordissued by the flag state;■ Carry additional information onboardrelating to parties responsible for crewappointees, parties to charterparties,and those responsible for deciding theemployment of the ship;■ Have available onboard a record ofcertain other security relatedinformation eg: the ship’s level ofsecurity in at least the last ten previousports.C Shipping company responsibilitiesAs of 1 July 2004 shipping companies arerequired to obtain an international shipsecurity certificate in respect of each shipthat they operate. In order to do so thecompany must:■ Appoint a company security officer whoshould have knowledge and training inthe relevant security matters;■ Carry out a ship security assessment;■ Designate an officer on each ship asthe ship security officer;■ Produce a ship security plan, ensuringthat the plan is approved by or on behalfof the flag state, available onboard thevessel at all times and that the measuresoutlined in the plan are implemented.■ Ensure that appropriate security drillsand exercises are carried out;■ Provide appropriate resources to theship to carry out the security plan.ISPS in practiceAs of 1 July 2004, Regulation 9 of XI-2establishes that a contractinggovernment, will have the right toexercise various control and compliancemeasures, including:■ Port state control inspection to verifythat a valid international ship securitycertificate (or interim certificate) isheld onboard;■ Inspection of the ship’s security planwith limited access allowed to specificsections of the plan relating to the noncompliance,subject to the consent ofeither the flag state or the master;■ If there are ‘clear grounds’ then theport can impose ‘additional controlmeasures’.Clear groundsThese may include evidence or reliableinformation that:■ The vessel does not correspond withthe requirements;■ Documentation is not valid or hasexpired;■ The master or ship’s personnel are notfamiliar with the security procedures;■ The vessel has embarked persons, orloaded stores in violation of the ISPSCode;■ The vessel has not completed adeclaration of security.Additional control measuresThese may include:■ A more extensive inspection of the ship;■ Delaying or deviating the ship;■ Detention of the ship;■ Restriction of operations within theport;■ Refusal of port entry/expulsion of thevessel from the port.Denied entry/expulsion■ When this occurs, the port state shouldcontinued over23