This article is composed to address recent concerns over risk prevention at elevated security levels and instruct the Members on compliance with the ISPS Code.

I. Background

Immediately after the September 11 attacks, the US government realized that terrorists might hijack merchant vessels to strike port facilities, which prompted the US delegates to actively promoted anti-terrorism two months later in November 2011 at the 22nd Assembly of the IMO. The IMO responded by adopting resolution A.924 (22), calling for urgent review of the IMO's existing conventions and establishing an intersessional working group of the Maritime Safety Committee (MSC) to develop counter measures. However, in October 2002 during the drafting period, a French-flagged oil tanker, M.T. Limburg, was hit by a suicide bomber from Al-Qaida off the coast of Yemen, causing one crew member killed, 12 injured and some 14,000 cubic metres of crude oil spilled into the Gulf of Aden. The incident then accelerated the consensus among IMO Contracting Parties to coordinate their efforts for maritime security.

At the Conference of Contracting Governments on 12 December 2002, the International Code for The Security of Ships and Port Facilities (ISPS Code) was adopted. At the same time, chapter XI-2 of the amended International Convention for the Safety of Life at Sea (SOLAS) of 1974 was adopted to enhance maritime security. The amendment requires compliance with the rules set out in Part A of the ISPS Code from ships, shipping companies and port facilities, forcing ISPS implementation without standard procedures including ratification, acceptance, approval, accession and signature of the Contracting Parties. The Code then entered into force on 1 July 2004.

II. The ISPS Code

The Code is divided into two sections: mandatory Part A and Part B which outlines recommendatory guidelines on how to meet the requirements and obligations set out within the provisions of Part A.

1. Application

The ISPS Code applies to 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;

.3 mobile offshore drilling units; and

.4 port facilities serving such ships engaged on international voyages.

Contracting Governments shall notwithstanding decide the extent of application 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. Responsibilities of Contracting Governments

.1 setting the applicable security level and providing guidance for protection from any security incident;

.2 approving the Port Facility Security Assessment and any subsequent amendments;

.3 determining the port facilities that require a designated Port Facility Security Officer;

.4 approving the Port Facility Security Plan and any subsequent amendments;

.5 exercising control and compliance measures;

.6 establishing the requirements for a Declaration of Security (DoS).

3. Obligations of the Company

.1 appointing a Company Security Officer (CSO) and a Ship Security Officer (SSO), arranging a ship security assessment and submitting a ship security plan for approval;

.2 ensuring that the ship security plan contains a clear statement emphasizing the master's authority;

.3 ensuring that the CSO, the master and the SSO are given the necessary support to fulfil their duties.

4. Ship Security

.1 performing all ship security duties upon the security levels set by the Contracting Government;

.2 carrying out the ship security assessment;

.3 developing the ship security plan;

.4 appointing an SSO;

.5 carrying out ship security training, drills and exercises;

.6 verification and certification of compliance of ships.

5. Port Facility Security

.1 performing all port facility duties upon the security levels set by the Contracting Government;

.2 carrying out the port facility security assessment;

.3 developing the port facility security plan;

.4 appointing a port facility security officer (PFSO);

.5 carrying out port facility security training, drills and exercises.

III. Security Levels

There are three security levels, and higher levels indicate greater likelihood of occurance of a security incident.

1. Security Level I

It means the level for which minimum appropriate protective security measures shall be maintained at all times, also the normal level at which ships and port facilities operate.

2. Security Level II

It means the heightened level for which appropriate additional protective security measures shall be maintained for a period of time, as long as there is an elevated risk of a security incident.

3. Security Level III

It means the exceptional level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent (although it may not be possible to identify the specific target).

IV. Security Measures

A ship is required to act upon the security levels set by Contracting Governments through appropriate measures as set out below.

1. At Security Level I

.1 ensuring the performance of all ship security duties;

.2 controlling access to the ship;

.3 controlling the embarkation of persons and their effects;

.4 monitoring restricted areas to ensure that only authorised persons have access;

.5 monitoring of deck areas and areas surrounding the ship;

.6 supervising the handling of cargo and ship's stores; and

.7 ensuring that security communication is readily available.

2. At Security Level II

Taking into account the guidance given in part B of the Code, additional protective measures shall be implemented for each activity to be taken at security level I:

.1 assigning additional personnel to patrol deck areas and carrying out a full or partial search;

.2 limiting the number of access points, establishing a restricted area on the shore-side, and escorting visitors on the ship;

.3 detailed checking of cargo, cargo transport units and cargo spaces by increasing the frequency and detail of visual and physical examination;

.4 exercising intensified inspections prior to receiving stores on board;

.5 applying 100 percent x-ray screening to all unaccompanied baggage.

3. At Security Level III

Taking into account the guidance given in part B of the Code, further specific protective measures shall be implemented for each activity to be taken at security level I:

.1 setting up additional restricted areas

.2 limiting access to a single, controlled access point, suspending embarkation or disembarkation, and granting access only to those responding to the security incident;

.3 suspension of cargo handling operations;

.4 subject ship’s stores to more extensive checking, preparing for restriction or suspension of handling of ship’s store, and refusing to accept ship’s store;

.5 applying more extensive x-ray screening from at least two different angles to all unaccompanied baggage; preparing for restriction or suspension of handling of such baggage; and refusing to accept such baggage on board the ship;

.6 movement and evacuation of the ship.

V. Advice to members

Long before its entry into force, the ISPS Code was regarded as a forced incorporation into SOLAS which is aimed at maritime safety, not port security. It was further agreed that the provisions relating to port facilities should relate solely to the ship/port interface. The wider issue of the security of port areas will be the subject of further joint work between IMO and ILO. The Club hereby reminds the Members that the ISPS Code is essentially an international security framework that aims to prevent potential threats arising from maritime trade through the cooperation between the shipping and port industries. Implementing preventive security measures under the Code does not mean that all the security threats including piracy, armed robbery and unjustified attacks will be prevented. Ship security measures (access control, restricted areas, inspection on cargo, baggage and ship’s store) as set out in the Code focus merely on the ship/port interface, and no specific rules about having weapons on board are made clear.

To effectively protect ships from security threats at sea, the Club suggests: 1) avoid scheduling a voyage to a high-risk area in a high-risk period; 2) ship masters and SSO to carefully implement the ship security plan and help establish security awareness among the crew; 3) keep a proper visual lookout in high-risk areas and avoid coastwise navigation; consider leaving accommodation on the two sides vacant and passing the high-risk area in high speed; 4) make sure of proper communication and report security incidents immediately to relative authorities (the ship’s company, the flag state government, littoral state authority, UKMTO, MSCHOA and CMF).

For further consultation, please contact your manager at the Club.