MARITIME SECURITY

Aug 15, 2003
Author: Quintus van der Merwe, Shepstone & Wylie

ISPS CODE- MARITIME SECURITY


By
Quintus van der Merwe
Partner, International Transport & Trade
Shepstone & Wylie


Far reaching maritime security measures are being introduced worldwide due to the events of September 11th 2001.

As a direct result of ‘911’, SOLAS (the Safety of Lives at Sea Convention) Chapter 11 has been amended to provide for the inclusion of an International Code for the Security of Ships and Port Facilities, known as the ISPS Code.

South Africa has agreed to implement the ISPS Code in order to keep in line with its international trading partners. Simply put, we have no choice but to do so, failing which we may find that vessels that visit South Africa would be turned away at other ports because they are a perceived security risk. Given that the bulk of our imports and exports are by sea, we obviously cannot afford to buck the international community's approach.

The ISPS Code has to be implemented by 4 July 2004, which leaves very little time.

In addition to the ISPS, a further security initiative, the Container Security Initiative (CSI) has been introduced. South Africa has adopted this initiative, making the country the second CSI signing since the launch of Phase 2 of CSI on 12 June.


What is the purpose of the ISPS Code?

The Code:
· enables the detection and deterrence of security threats within an international framework
· establishes roles and responsibilities
· enables collection and exchange of security information
· provides a methodology for assessing security
· ensures that adequate security measures are in place
· requires ship and port facility staff to:
- gather and assess information
- maintain communication protocols
- restrict access; prevent the introduction of unauthorized weapons, etc
- provide the means to raise alarms
- put in place vessel and port security plans; and ensure training and drills are
conducted.


What does this mean for you?

We are going to see some radical changes

· in Customs procedures and requirements:
e.g.
- detailed packing lists and x-raying of containers, the cost of which will have to be carried by importers and exporters.
· in all Ports in the country regarding the handling of containers and interfacing and access to ships; SAPO already has detailed plans in progress:
e.g.
- SAPO proposes fencing off all working areas where there is a direct interface with the vessel. They will introduce stricter access requirements.
· by Ship owners/management companies who give effect to these new measures:
e.g.
- access to vessels will be more strictly controlled, certain areas on the vessel will be designated as no-go zones, security plans will be put in place. More importantly for shippers is that the Master will no doubt be given instructions to by-pass any ports not complying with the ISPS code.
· the wording of charterparties, contracts of affreightment and possibly bills of lading regarding the Carrier's rights if the Master needs to take security measures:
e.g.
- shipping contracts will make provision for the Carrier to avoid ports or areas that do not comply with the ISPS code. There is also likely to be provision to refuse to load containers or breakbulk cargo that runs foul of the ISPS code requirements.
· consequent costs incurred by ship owners, Ports and administrations, as well as container operators in implementing the new measures:
e.g.
- while Ports may be forced to absorb most of the costs, container operators and shipping lines are likely to pass on part of the increased cost by way of higher freight rates. If not, it means that they would have to absorb these additional costs in an already relatively tight freight market.
We will deal with the initiatives in more detail below.


The ISPS Code

· The new Security Code will involve all ships on international voyage, whether passenger ships or cargo vessels above 500 grt, and ports receiving ships on international voyage.

· The Code is divided into three levels dependent on the security risks involved. Each higher level e.g. level I, level II and level III, requiring more stringent steps to be taken.

· The Code contains two parts, namely Part A and Part B;

Part A is mandatory and covers
· Responsibilities of contracting governments
· Declaration of security
· Obligations of the company — information
· Ship/Port security assessments
· Ship/Port security plans — records
· Ship/Port/Company security officer assignment and responsibilities
· Training and drills
· Survey and certification

Part B has only been recommended. It fleshes out what is contained in Part A and also provides numerous examples. Part B has been made mandatory in the USA.

· The new requirements will apply to and must be implemented with respect to
Ships
Ports
Containers.


Administration

All administration would have to comply with these mandatory requirements:
· Establishment of threat levels (I, II or III)
· Certification and approval of the port, of all the companies whose ships are registered under their flag and registry, and assessment of the security plan of every ship they have registered under the flag
· Surveys and certification of the security plan
· Security plans approval and certification for ports, companies and ships
· Certification and training of ship, port and company security officers
· Recognised security organisations
· Control and declaration of security
· Provision of information
· Determination of applicability of regulations to national ports, based on state assessment — establishment of alternative and equivalent requirements for ports


Ports

Every part of a port that interfaces with vessels has to be completely secure. It is expected that ports that receive ships engaged in international voyages have in place the following:
· Port facility security assessment
· Port facility security plan
· Port facility security officer
· Certification and review of security plan
· Capability to conform to threat Levels I, II and III
· Passengers, ship’s crew and port personnel identification
· Training of personnel
· Declaration of security


Ships

All ships over 500 gt engaged on international voyages, once SOLAS is amended and the ISPS Code is approved, would have to comply with the following:
· Ship security assessment and plan
· Master’s discretion for ship security
· Ship security alarm
· Records of all activities regarding security
· Continuous synopsis record
· Appointment of ship security officer
· Ship identification — permanent markings on the hull of the ship, visible at dark
· Training of the ship security officer and ship’s crew
· Certification and declaration of security
· Lighting and security equipment when vessel is in port or in anchorage
· Capability to conform to the threat levels I, II or III.


Ship Owning or Managing Companies

Most important features are:
· Security assessments
· Periodic review of plans
· Training of personnel and the newly appointed security officers
· Seek all the certifications required
· Share information and ensure that the synopsis records of the ship are kept
· Supervision of ships security assessments
· Creation and Implementation of the security plans
· Supervision of ships security plans
· Retention of the required certification

Conclusion

It would seem that everyone involved directly or indirectly in shipping will be affected by the ISPS Code. Hopefully the security measures will bring positive results not only regarding terrorism, but also in the many thefts and other losses during the course of the logistics chain. Equally so, it is hoped that those who are required to implement these measures will do so with a practical view of the consequences and costs involved.