ISPS Code – Two Weeks and Counting

The International Ship and Port Facility Security (ISPS) Code comes into effect two weeks from today – on 1 July 2004. Hindsight has shown that the ISPS Code was developed in haste and insufficient attention has been paid to its implementation by many involved in the process – flag administrations, security advisors, recognized security organizations, owners, and operators. It is now up to everyone to cooperatively work to improve maritime security while keeping commerce moving. The needs of neither maritime security nor maritime commerce should solely predominate. Growing pains should be expected as port state control (PSC) officials, ships’ crews, and facility personnel adjust to the new paradigm. All involved in the process should take the time to review various pertinent documents, such as: (1) the ISPS Code; (2) the IMO Guidance on implementation of security measures (3) the USCG PSC Targeting and Boarding Policy, Part I; (4) the USCG Policy, Part II.; (5) UK Maritime Security FAQ; (6) Australian Transport Security Policy; (7) Singapore Special Measures for enhancement of maritime security; and (8) the Canadian Maritime Transportation Security Regulations. Responsible parties should redouble their efforts to ensure that all required paperwork, such as the International Ship Security Certificate (ISSC), gets on board the ship or facility prior to 1 July, even if this means extensive use of fax machines. Masters should utilize at-sea time to conduct drills and training in the new maritime security regime, particularly just prior to entering a U.S. port, where the most intense scrutiny can be expected. In this regard, company and ship security officers should pay particular attention to Enclosure (3) of the USCG documents, as this relates to PSC boarding procedure and includes questions that the boarding officer may ask various crew members to determine their familiarity with maritime security responsibilities. Masters and agents must also ensure that advance notices of arrival are timely, complete, and accurate. Masters are encouraged on and after 1 July to implement additional security measures when calling at port facilities that do not have approved port facility security plans. In this regard, masters are encouraged to utilize the Guidance issued by the Singapore Maritime and Port Authority (MPA) for establishing security measures when calling at non-compliant port facilities. Additionally, masters should obtain copies of the port facility security plan approval letters for all calls at an approved port facility so as to be able to demonstrate this during subsequent port state control (PSC) boardings. Brace yourself – we are in for a bumpy voyage. (HK Law).