CQD Journal for the Maritime Environment Industry
Volume 9, No. 1 - January 2003, Copyright 2003 Miller Associates, Inc.

Contents:

IMO's New Maritime Security Plan

• What is the plan?
   
• Why has it been adopted?
   
• Who does it apply to and when?
   
• How is shipping affected?
   
• The Next Step - Implementation.

IMO's New Maritime Security Plan

Friday the 13th may or may not be an unlucky day for the superstitious.  Member governments of the International Maritime Organization (IMO) are hoping that Friday the 13th of December 2002 marks a day of doom for maritime terrorists.  On that day a new international scheme to combat terrorism at sea was put forth.

Friday the 13th was the last day of a weeklong December conference on International Maritime Security in London.  It marked the culmination of high-level maritime security meetings that began soon after the terrorist atrocities of September 11, 2001.  Delegates from over 160 countries had been involved in the meetings and many also attended the IMO conference.  Their goal was to finalize a brand new scheme to make international shipping more secure from future acts of terrorism.

Specifically, the conference issued two major documents for adoption by member governments to dramatically change the way maritime security is accomplished.  The first document makes security amendments to the International Convention for the Safety of Life at Sea (SOLAS) Code established in 1974.  Among the many changes is the creation of a new chapter devoted entirely to maritime security.

Recognizing that SOLAS changes would not fully encompass the planned new security scheme, the IMO community also devised a new International Ship and Port Facility Security (ISPS) Code.  The ISPS code was constructed to detail specifics with regards to the actions expected of ships, ports and governments.  The code consists of two parts - part A outlines mandatory provisions, part B voluntary.

Why has a new plan been adopted?

Adm. Tom Collins, Commandant of the U.S. Coast Guard felt the signing of security amendments to SOLAS and the new ISPS code demonstrates a firm commitment to eliminate terrorism in the maritime sector. "This has been only the first step, albeit an enormous one, in the process," Adm. Collins said.

President of the Conference, Mr. J. Franson of Sweden, proudly stated that the international shipping community rose to the challenge of the events of 9/11.  He believes the new legislation will make the lives of terrorists in shipping exceptionally difficult.

To whom does the maritime security plan apply?

According to William O'Neil Secretary General of IMO, the point of the new regulations is to establish a maritime security consciousness among the entire shipping community, in the same manner that we have already established a safety and environmental consciousness in shipping.

Upon adoption, the ISPS code will apply to passenger ships, cargo ships greater than 500 gross tons, mobile offshore drilling units, and port facilities that serve international voyages.  It will not apply to defense ships such as warships or government owned ships used on non-commercial service.

When will the plan become effective?

The target date for beginning the new maritime security dogma is July 1, 2004.  Although some member governments are already suggesting that they cannot meet this target, Secretary General O'Neil urged all nations not to delay.  The conference resolved that member nations would put into place all necessary legislation to put the plan into effect by July 2004.

How is shipping affected?

International Chamber of Shipping (ICS) chairman Chris Wilcoks pointed out; security is not new to the maritime industry.  Piracy and theft have always been a danger in maritime trade.  Wilcoks expressed the concern that shipping will be considered a source of terrorism as well as a target of terrorism.  "Ships, the goods they carry and the people who man them are now suspects," he said, "even though shipping will implement a major part of the actions performed to fight maritime terrorism." 

The SOLAS amendments and ISPS code are directed towards governments, port facilities and ships.  Some of the responsibilities targeted towards shipping include:

Amendments to the Safety of Life at Sea (SOLAS) code:

• Ship identification numbers must be permanently marked on the hull.
• Ships will be required to keep an on-board continuous synopsis record with details including flag state registry, owners names and addresses, bareboat charterers' names and addresses and other information.
• Ships above 300 GT will be required to fit an automatic identification system on-board, no later than July 1, 2004.  Contrary to ICS recommendations, the AIS must be on at all times.  ICS expressed sincere concerns that this would make ships easier targets for terrorists.

A new chapter devoted entirely to maritime security was added to SOLAS.  Items detailed in the new chapter specifically related to ships and shipping include:

• Requirements of companies and ships (regulations 4 & 5)
• Ship-to-shore security alert systems (reg. 6)
• Threats to ships (reg. 7)
• Masters discretion for ship safety and security (reg. 8)

The ISPS code:

The details of the new ISPS code go beyond what can be outlined briefly.  However, IMO lists the basic functional goals to enhance maritime security as:

• To exchange information on security threats,
• to keep open the lines of communication between ports and ships,
• to prevent unauthorized access of ships and ports,
• to prevent the introduction of unauthorized weapons, explosives, etc.,
• to raise an alarm in the case of a threat or security incident,
• to require ship and port security plans, and
• to require training and drills to follow plans effectively.

Security levels and certificates

Two important facets of the ISPS code are worth additional mention. In the near future, shippers will have to become knowledgeable about the establishment of Security Levels and the International Ship Security Certificate.

Governing bodies of the port facilities will set security levels.  Security Level One establishes minimum protective security measures.  Security Level Two takes on additional measures due to a heightened risk of security.  Security Level Three establishes the highest level of security measures when an incident is probable or imminent.  Ships will be required to take specific actions depending upon the level of security at the port facility they intend to serve or are currently berthed.

All applicable ships will be required to have a current International Ship Security Certificate issued by a valid administration as outlined in the ISPS code.  Without this certificate, ports will have a great deal of power to impose restrictions upon the ship.  Allowable control measures include inspection, delay, detention, restriction of operation and movement, or even expulsion of a ship from the port.

Before entering ports, governments may request the ship's Master to (1) show a valid security certificate, (2) state the security level the ship is operating in, and (3) state any additional security measures taken in any previous port.  If a port facility does not feel the ship is under compliance they can deny entry or dictate other control measures such as those described above.  The Master may be asked for security information on the last ten ports of call at port facilities.

On the positive side, IMO has requested contracting governments to avoid unduly detaining or delaying a ship.  If so, the ship shall be entitled to compensation for any loss or damage suffered.

The next step - implementation

Before July 2004, IMO's maritime security scheme will face many challenges.  One major hurdle is the difficulties that ports in developing countries will encounter in order to take on new security responsibilities.  Developing nations will require much technical and financial assistance to implement the ISPS code.  Industrialized nations will be pressed hard to provide such support.

A few IMO representatives already expressed concern about the ISPS codes' presumption upon individual nation's rights and responsibilities.  They insist that any IMO suggestions must respect the national sovereignty of individual nations.

Another test that the new ISPS code must pass is the ability for new maritime laws to integrate efficiently with existing land security measures.  Shipping is one function of international trade.  All parts must work efficiently together to insure the free movement of goods and services across the globe.

Further Information

IMO's briefing 42/2002: IMO adopts comprehensive maritime security measures of December 17, 2002

Legal Disclaimers and Policy Statements

This page last updated by Miller Associates: Thursday, June 05, 2003