IMO Maritime security legislation In September 1986, the MSC approved MSC/Circ. 443 on Measures to prevent unlawful acts that threaten the safety of s

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1 IMO Maritime security legislation Before the Achille Lauro incident in 1985, the IMO adopted resolution A.545(13) Measures to prevent acts of piracy and armed robbery against ships to address the specific problems relating to piracy and armed robbery. After the incident, IMO promptly adopted resolution A.584(14) on Measures to prevent unlawful acts that threaten the safety of ships and the security of their passengers and crews

2 IMO Maritime security legislation In September 1986, the MSC approved MSC/Circ. 443 on Measures to prevent unlawful acts that threaten the safety of ships and the security of their passengers and crews, intended for application to passenger ships engaged on international voyages of 24 hours or more and the port facilities which serve them.

3 The Suppression of Unlawful Acts (SUA) Convention 1988 As the calls for a greater maritime response to the Achille Lauro incident continued, the IMO was eventually requested to draw up a Convention on the subject of unlawful acts against the safety of maritime navigation and in 1988, the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation was introduced.

4 The Suppression of Unlawful Acts (SUA) Convention 1988 The main purpose of the SUA Convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships, which includes the seizure of ships by force, acts of violence against persons on board ships and the placing of devices on board ships which are likely to destroy or damage vessels. The treaties obligate Contracting Governments either to extradite or prosecute alleged offenders.

5 The amendments to the SUA Convention 1988 In 2005 the IMO approved the amendments to expand the scope and effectiveness of regulations concerning the prosecution and extradition of those engaged in the preparation of unlawful acts at sea. This was stemmed from the Resolution A.924(22) which called for a review of measures and procedures to prevent acts of terrorism which threaten the security of passengers and crews.

6 The amendments to the SUA Convention 1988 The amended SUA Convention exists to complement the ISPS Code by providing a legal basis for the arrest, detention and extradition of terrorists in the event that a terrorist attack against shiping occurs.

7 Amendments to the Safety of Life at Sea Convention (SOLAS) Modification to Chapter V (Safety of Navigation) The rearrangement of SOLAS Chapter XI (Special measures to enhance maritime safety)

8 Modification to Chapter V (Safety of Navigation) REG 19 (Navigational system and equipment) contains a new timetable for the fitting of Automatic Identification System (AIS). Ships, other than passenger ships and tankers, of 300 GRT and upwards but less than 50,000 GRT, will be required to fit AIS not later than the first safety equipment survey after 1 July 2004 or by 31 December 2004, whichever occurs earlier. Ships fitted with AIS shall maintain AIS in operation at all times except where international agreements, rules or standards provide for the protection of navigational information.

9 Automatic identification system providing automatically to appropriately equipped shore stations information of the ship, including the ship's identity, type, position, course, speed, navigational status and other safety-related information; receiving automatically such information from similarly fitted ships. monitoring and track ships and exchanging data with shore-base facilities.

10

11 SOLAS Chapter XI (Special measures to enhance maritime safety and security) REG 3 (Chapter XI-1): Ship identification number REG 5 (Chapter XI-1): Continuous synopsis record

12 SOLAS XI-2 REG 1: Definitions REG 2: Application REG 3: Obligation of Contracting Governments: it covers the requirements for Administration to set security levels and ensure the provision of security level information to ships flying their flag. Contracting Governments should also set security levels and ensure that the provision of security level information to port facilities within their territory and to ships prior to entering a port or whilst in a port within their territory.

13 SOLAS XI-2 REG 4: Requirements for Companies and Ships REG 5: Specific responsibilities of Companies REG 6: Ship Security Alert System

14 SOLAS XI-2 REG 7: Threats to ships: Contracting Governments shall provide a point of contact through which ships can request advices or assistance and to which such ships can report any security concerns. Where a risk of attack has been identified, the Contracting Government concerned shall advice the ships concerned and their Administrations of the current security level, any security measures that should be put in place by the ships and security measures that the coastal State has decided to put in place.

15 SOLAS XI-2 REG 8: Master discretion for safety and security REG 9: Control and compliance measures. The regulation details the methods that may be employed to enforce control and also the minimum information that must be provided by vessels give evidence of compliance.

16 SOLAS XI-2 REG 9 (Control and compliance measures) Inspection of ships Detention of ships Restriction of operations including movement within the port Expulsion of ships from port

17 SOLAS XI-2 REG 9 (Control and compliance measures) Possession of a valid certificate The name of the issuing authority The security level at which the ship is currently operating The security level at which the ship operated in any previous port Any special or additional security measures that were taken by the ship in any previous port The appropriate ship security procedures maintained during any ship-to-ship activity

18 SOLAS XI-2 REG 10: Requirements of port facilities: port facilities shall comply with the relevant requirements of SOLAS and part A of the ISPS Code, considering the guidance given in part B of the Code. Contracting Governments with a port facility within their territory, shall ensure that port facility security assessments are carried out, reviewed and approved; and port facility security plans are developed, reviewed, approved and implemented.

19 SOLAS XI-2 REG 11: Alternative Security Agreements: There exists a mechanism within the ISPS Code for Contracting Governments to conclude one or more agreements with other Contracting Governments to provide alternative security agreements. Such agreements are intended to cover short international voyages on fixed routes between port facilities in the territory of the parties to the agreement.

20 SOLAS XI-2 REG 11 (Alternative Security Agreements) The agreements must ensure that: The agreement will not comprise the level of security of other ships or of port facilities not covered by the agreement No ship covered by an alternative agreement will conduct any ship-to-ship activity with any ship not covered by the agreement The agreement must be reviewed periodically

21 SOLAS XI-2 REG 12: Equivalent security arrangements: An Administration may allow a particular ship or a group of ships entitled to fly its flag to implement other security measures equivalent to those of the ISPS Code, provided such security measures are at least as effective as those of the ISPS Code.

22 SOLAS XI-2 REG 13: Communication of information: Contracting Governments have to communicate to the IMO and to Companies and ships all relevant names and contact details of those involved with ship and port security and in dealing with security communications.

23 The requirements of the U.S. Maritime Transportation Security Act (MTSA) Security officer and training for all personnel Security assessment and plans Alternative security programmes Maritime security directives The establishment of security levels

24 Additional overseas outreach by U.S. (Overseas) Automated Manifest System (AMS) International port security programme Container Security Initiative (CSI) 24 Hours rule

25 Additional overseas outreach by U.S. (In transit) Smart box initiative Automated targeting system (ATS) 96-hour advance notification of arrival

26 Additional overseas outreach by U.S. (In US waters) National targeting centre Maritime intelligence fusion centre High interest vessel boarding Port security programme

27 European Union EU basically follow the pattern similar to that of the U.S., including 24-hour rule, the requirement of providing the security related information for ship intending to enter the EU ports.

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