IMO Urges Early Compliance with New Maritime Security Measures that Enter into Force on July 1, 2004
The International Maritime Organization (IMO) has issued a circular urging SOLAS Contracting Governments, port authorities, classification societies, recognized security organizations, training institutions and all other parties concerned to redouble their efforts to protect shipping against terrorism by taking action as soon as possible to ensure compliance with the requirements of the International Ship and Port Facility Security Code (ISPS Code) and SOLAS Chapter XI-2 before these new maritime security measures enter into force on July 1, 2004.
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International Convention for the Safety of Life at Sea, 1974
(The IMO is the United Nations' specialized agency with responsibility for the safety and security of shipping, and the prevention of marine pollution from ships. The IMO membership consists of approximately 163 member states and three associate members in addition to various inter-governmental organizations and non-governmental organizations which have concluded agreements of cooperation or hold consultative status with the IMO.)
Number of Amendments to SOLAS, Including ISPS Code, Adopted in Dec. 2002
According to a December 17, 2002 IMO press briefing, a number of amendments to SOLAS were adopted in December 2002, including the new ISPS Code which contains detailed, mandatory security-related requirements for Governments, port authorities and shipping companies, as well as a series of non-mandatory guidelines about how to meet these requirements.
The following are highlights of the new ISPS Code (partial list):
Port Facility Security Assessments. The IMO states that each Contracting Government must ensure completion of a Port Facility Security Assessment for each port facility within its territory that serves ships engaged on international voyages. This assessment is fundamentally a risk analysis of all aspects of a port facility's operation in order to determine which parts are more susceptible, and/or more likely to be the subject of attack.
Port Facility Security Plan. Completion of the Port Facility Security Assessment will help determine which port facilities are required to appoint a Port Facility Security Officer and prepare a Port Facility Security Plan. According to the IMO, this plan would indicate the operational and physical security measures the port facility should take to ensure that it always operates at a normal risk-level.
Shipping Companies' Security Officer. Under the ISPS Code terms, shipping companies will be required to designate a Company Security Officer for the company and a Ship Security Officer for each of its ships. According to the IMO, the Company Security Officer's responsibilities include ensuring that a Ship Security Assessment is properly carried out, that Ship Security Plans are prepared and submitted for approval by (or on behalf of) the Administration and thereafter is placed on board each ship. Additionally, ships will be required to carry an International Ship Security Certificate indicating that they comply with certain SOLAS and ISPS Code requirements.
Responsibilities of Contracting Governments. The IMO states that Contracting Governments will have various responsibilities, which include among other things, approving Ship Security Plans and relevant amendments to a previously approved plan, verifying the compliance of ships with certain SOLAS and ISPS Code requirements, issuing International Ship Security Certificates, and ensuring completion and approval of Port Facility Security Assessments and Port Facility Security Plans.
(Among other things, new SOLAS Chapter XI-2 covers requirements for port facilities, providing, among other things, for Contracting Governments to ensure that port facility security assessments are carried out and that port facility security plans are developed, implemented and reviewed in accordance with the ISPS Code.)
(See ITT's Online Archives or 02/13/03 news, 03021320, for BP summary of the December 2002 IMO press briefing announcing these new maritime security measures; IMO press briefing available at http://www.imo.org/Newsroom/mainframe.asp?topic_id=583&doc_id=2689.)
Maritime Safety Committee Circular (MSC/Circ.) 1104 (dated 01/15/04) available at http://www.imo.org/includes/blastDataOnly.asp/data_id%3D8598/1104.pdf
ISPS Code and Amendments to SOLAS available for purchase at http://www.imo.org/publications/contents.asp?doc_id=1231&topic_id=426&header=false&margin=no&productcode=E116E (virtual edition)
BP Note
On October 22, 2003, the Coast Guard published six final rules that adopt, with changes, a series of interim rules, which contain maritime security requirements mandated by the Maritime Transportation Security Act of 2002 (MTSA). According to the Coast Guard, these rules harmonize U.S. regulations with the maritime security measures adopted by the IMO in December 2002. (See ITT's Online Archives or 10/24/03 news, 03102420, for BP summary of these six final rules.)