ISPS

The Institute of Marine Engineering, Science and Technology (UK) BANGLADESH BRANCH Technical Seminar on ISPS Code Enhancement of Maritime Security by Engr. Sajid Hussain, MSc Monday, March 1, 2004 Agrabad Hotel, Chittagong, Bangladesh ______________________________________________________________________________ The IMarEST Working to promote the development of marine engineering, science and technology, providing opportunities for the exchange of ideas and practices and upholding the status and knowledge of marine professionals – www.imarest.org INTRODUCTION Since the tragic events of 9/11, there has been a heightened sense of security worldwide. The terrorist attack on the French tanker Limburg off Yemen in October 2002 showed that immediate steps are necessary to enhance maritime security. And so, the International Maritime Organization has adopted the International Ship and Port Facility Security (ISPS) Code. It is a set of new maritime regulations designed to help detect and deter threats to international security. This new and comprehensive security regime is of crucial significance not only to the international maritime community but the world community as a whole, as shipping being the centrepoint of the world trade. The December 2002 SOLAS Contracting Governments Conference on Maritime Security adopted a new SOLAS chapter XI-2 on Special measures to enhance maritime security and the ISPS Code. The Code applies to all SOLAS vessels over 500gt engaged in international voyages and all port facilities serving such ships. All ships and port facilities covered by the ISPS Code must implement the mandatory requirements by 1 July 2004. Requirements of the code include: • Ship Identification Number to be permanently marked on vessel’s hulls • Continuous Synopsis Record (CSR) kept onboard showing vessel history • Ship or Port Facility Security Assessment (SSA or PFSA) • Ship or Port Facility Security Plan (SSP or PFSP) • Ship or Port Facility Security Certificate (ISSC or PFSC[DOC]) • Ship or Port Facility Security Officer (SSO or PFSO) • Comapny Security Officer (CSO) • Continuous ship to port seurity communication link • Training and drills • A Ship Security Alert System (SSAS) The Code contains detailed security-related requirements for Governments, port authorities and shipping companies in a mandatory section (Part A), together with a series of guidelines about how to meet these requirements in a second, non-mandatory section (Part B). The IMO Conference (Dec 2002) also adopted a series of resolutions designed to add weight to the amendments, encourage the application of the measures to ships and port facilities not covered by the Code and pave the way for future work on the subject. The UN General Assembly adopted a resolution on "Oceans and the law of the sea", which specifically welcomed initiatives at the IMO to counter the threat to maritime security from terrorism and encouraged States fully to support this endeavour. In summary the ISPS 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. It requires ship and port facility staff to: • gather and assess information • maintain communication protocols • restrict access; prevent the introduction of unauthorised weapons, etc. • provide the means to raise alarms • put in place vessel and port security plans; and ensure training and drills are conducted. THE PROCESS In essence, the Code is basically a risk management system. Its purpose is to provide a standardized, consistent framework for evaluating risk, enabling governments to offset changes in threat with changes in vulnerability for ships and port facilities. Each Contracting Government will conduct port facility security assessments having three essential components. First, they must identify and evaluate important assets and infrastructures that are critical to the port facility as well as those areas or structures that, if damaged, could cause significant loss of life or damage to the port facility's economy or environment. Second, the assessment must identify the actual threats to those critical assets and infrastructure in order to prioritise security measures. Finally, the assessment must address vulnerability of the port facility by identifying its weaknesses in physical security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, and other areas within a port facility that may be a likely target. 2 This risk management concept is embodied in the Code through a number of minimum functional security requirements for ships and port facilities. For ships, these requirements will include ship security plans, ship security officers, company security officers and certain onboard equipment. For port facilities, the requirements will include port facility security plans, port facility security officers and certain security equipment; additionally, monitoring and controlling access, monitoring the activities of people and cargo ensuring security communications are readily available. The preamble to the Code provides several ways to reduce vulnerabilities. Ships will be subject to a system of survey, verification, certification, and control to ensure that their security measures are implemented. RESPONSIBILITIES OF THE COMPANY AND THE SHIP Under the terms of the Code, shipping companies will be required to designate a Company Security Officer for the Company and a Ship Security Officer for each of its ships. The Company Security Officer's responsibilities include ensuring that a Ship Security Assessment is properly carried out, that Ship Security Plans are prepared and submitted for approval by (or on behalf of) the Administration and thereafter is placed on board each ship. Ships will have to carry an International Ship Security Certificate indicating the compliance. When a ship is at a port or is proceeding to a port of Contracting Government, the Contracting Government has the right, under the provisions of regulation XI-2/9, to exercise various control and compliance measures with respect to that ship. RESPONSIBILITIES OF THE PORT FACILITY Each Contracting Government has to ensure completion of a Port Facility Security Assessment for each port facility within its territory that serves ships engaged on international voyages. The Port Facility Security Assessment is fundamentally a risk analysis of all aspects of a port facility's operation in order to determine which parts of it are more susceptible, and/or more likely, to be the subject of attack. Security risk is seen a function of the threat of an attack coupled with the vulnerability of the target and the consequences of an attack. Port Facility Security Plan should indicate the operational and physical security measures the port facility should take to ensure that it always operates at security level 1. The plan should also indicate the additional, or intensified, security measures the port facility can take to move to and operate at security level 2 when instructed to do so. It should also indicate the possible preparatory actions the port facility could take to allow prompt response to the instructions that may be issued at security level 3. RESPONSIBILITIES OF CONTRACTING GOVERNMENTS In order to communicate the threat at a port facility or for a ship, the Contracting Government will set the appropriate security level. Security levels 1, 2, and 3 correspond to normal, medium, and high threat situations, respectively; and approving the Ship Security Plan and relevant amendments to a previously approved plan, verifying the compliance of ships and issuing the International Ship Security Certificate, determining which port facilities located within their territory are required to designate a Port Facility Security Officer, ensuring completion and approval of the Port Facility Security Assessment and the Port Facility Security Plan and any subsequent amendments; and exercising control and compliance measures. It is also responsible for communicating information to the IMO and to the shipping and port industries. Contracting Governments can designate, or establish, Designated Authorities within Government to undertake their security duties and allow Recognised Security Organisations to carry out certain work with respect to port facilities, but the final decision on the acceptance and approval of this work should be given by the Contracting Government or the Designated Authority. AMENDMENTS TO SOLAS Modifications to Chapter V (Safety of Navigation) contain a new timetable for the fitting of Automatic Information Systems (AIS). Ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 50,000 gross tonnage, 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. The existing SOLAS Chapter XI (Special measures to enhance maritime safety) has been re-numbered as Chapter XI-1. Regulation XI-1/3 is modified to require ships' identification numbers to be permanently marked in a visible place either on the ship's hull or superstructure. Passenger ships should carry the 3 marking on a horizontal surface visible from the air. Ships should also be marked with their ID numbers internally. And a new Regulation XI-1/5 requires ships to be issued with a Continuous Synopsis Record (CSR) which is intended to provide an on-board record of the history of the ship. The CSR shall be issued by the Administration and shall contain information such as the name of the ship and of the State whose flag the ship is entitled to fly, the date on which the ship was registered with that State, the ship's identification number, the port at which the ship is registered and the name of the registered owner(s) and their registered address. Any changes shall be recorded in the CSR so as to provide updated and current information together with the history of the changes. NEW CHAPTER XI-2 (SPECIAL MEASURES TO ENHANCE MARITIME SECURITY) A brand-new Chapter XI-2 is added after the renumbered Chapter XI-1. Few of its Regulations are mentioned here. Regulation XI-2/2 states that this chapter applies to passenger ships and cargo ships of 500 gross tonnage and upwards, including high speed craft, mobile offshore drilling units and port facilities serving such ships engaged on international voyages. Regulation XI-2/3 states the obligation of setting security levels. Regulation XI-2/4 states the requirements for Companies and Ships. Regulation XI2/5 states specific responsibility of Comanies. Regulation XI-2/6 requires all ships to be provided with a ship security alert system, according to a strict timetable that will see most vessels fitted by 2004 and the remainder by 2006. When activated the ship security alert system shall initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised. The system will not raise any alarm on-board the ship. The ship security alert system shall be capable of being activated from the navigation bridge and in at least one other location. Regulation XI-2/8 confirms the role of the Master in exercising his professional judgement over decisions necessary to maintain the security of the ship. It says he shall not be constrained by the Company, the charterer or any other person in this respect. Other regulations in this chapter cover the provision of information to IMO, the control of ships in port, (including measures such as the delay, detention, restriction of operations including movement within the port, or expulsion of a ship from port), and the specific responsibility of Companies. RESOLUTIONS ADOPTED BY THE CONFERENCE The conference adopted 11 resolutions as follows: 1. Adoption of amendments to the annex to the international convention for the safety of life at sea, 1974, as amended. 2. Adoption of the International Ship and Port Facility Security (ISPS) Code. 3. Further work by the international maritime organization pertaining to the enhancement of maritime security. 4. Future amendments to Chapters XI-1 and XI-2 of the 1974 SOLAS Convention on special measures to enhance maritime safety and security. 5. Promotion of technical co-operation and assistance. 6. Early implementation of the special measures to enhance maritime security. 7. Establishment of appropriate measures to enhance the security of ships, port facilities, mobile offshore drilling units on location and fixed and floating platforms not covered by chapter XI-2 of the 1974 SOLAS Convention. 8. Enhancement of security in co-operation with the International Labour Organization. 9. Enhancement of security in co-operation with the World Customs Organization. 10. Early implementation of long-range ships' identification and tracking. 11. Human element-related aspects and shore leave for seafarers. TRAINING/WORKING AID IMO has published three model courses; The ISPS – Company Security Officer, The ISPS – Port Facility Security Officer, and The ISPS – Ship Security Officer. Videotel Marine International has released the Shipboard Security distance learning pakage for SSOs (approved by the MCA, UK). It consists of an interactive CD-ROM based training package, or a video and printed course book. This course may take 21 4 hours and can be completed while at sea. A candidate’s assessment is done by independent third-party assessors. Meanwhile, German ship management software specialist AVECS has launched an electronic solution for the ISPS Code. The AVECS ISPS Programme is designed to minimize the effort needed to implement the enhanced security regulations within a company and allow electronic recording of evidence both in the office and onboard with quick access to information, reduced paperwork and saving time and also aiding to seafarers’ education and training. This software received certification from Germanischer Lloyd, Lloyd’s Register, Det Norske Veritas and RINA. Foreshore Publications has recently published a book named ISPS Code – A practical Guide for additional help and guidance. The ISPS Ship and Port Practical Packs (partially available at the Lloyd’s Register of Shipping website – www.lr.org) help to adopt a management systems approach in developing ship and port security plans and defining management responsibilities under the ISPS Code. Germanischer Lloyd and other IACS members have come with their individual training packages. Lloyd’s Register Group is launching SeeThreat, a powerful new web-based risk assessment tool which helps ship operators and their company security officers (CSO) to assess the security threat to their ships. SeeThreat continually scans news networks and provides you with the specific information you’ll need to make critical security decisions cost effectively. TIME TO ACT Some recent reports/surveys carried out by Governments and other interested parties (including industry organizations such as ICS, IAPH, BIMCO, IACS, INTERTANKO and INTERCARGO) on the status of implementation of the security measures have raised concerns that not enough progress has been achieved so far. Some 30,000 to 40,000 ships, worldwide, require an International Ship Security Certificate (ISSC) from an independent and approved body and 15,000 to 20,000 ports have to be approved by their Contracting Governments by July 2004. Point to ponder that neither chapter XI-2 of SOLAS nor the ISPS Code provide for any extension of the implementation dates. IMO has urged (MSC/Circ.1104; 15 January 2004) the SOLAS Contracting Governments, port authorities, classification societies, recognized security organizations, training institutions and all other parties concerned to REDOUBLE their efforts to protect shipping against terrorism. Administrations should advise companies and ships operating under their countries' flag to take appropriate steps to increase awareness of the potential dangers so that their crews are extremely vigilant and alert to any security threat they may encounter or be suspicious of, whether they are in port, at offshore terminals or underway. IMO Council has emphasised that IMO’s theme for the current year should be: "IMO 2004: Focus on maritime security". LIFE ON-BOARD UNDER SECURITY! Life onboard might be getting abit more complicated. Spontaneous shore-leave and free access to and from the ship through the ports’ gate might get barred. However, ‘unique-numbered SmartCARD’ for 1.5 million seafarers worldwide as their identity might provide an easy solution (ref: ILO’s work for Seafarers’ Identity Document). The duties of the designated ‘security officer’ will be another ‘extra’ load on some watchkeeping officers. Crewing level is now already at a minimum and tends to reduce more. Imposing these ‘extra ISPS duties’ will need due consideration in line with the ‘safe manning’. Ship should operate with statutory hours of rest and other measures designed to address fatigue. It seems that industry is now ‘linking’ safety with security. Companies cannot train seafarers as antiterrorist experts! Then how is the industry supposed to defend itself without them? It is felt that passengers will not feel comfortable seeing officers with guns. The ISPS Code itself mandates no security hardware other than the Ship Security Alert. The decision to carry guns (if allowed) is that of the company and not a requirement of the code. The carrying of such weapons however may generate other problems with port authorities. We should not advocate merchant shipping carrying firearms in ANY circumstances. Therefore, threats must be mitigated primarily through the management system not through the use of arms. 5 POSITION OF BANGLADESH Designated Authority has been composed with representatives from all concerned departments. Chittagong and Mongla seaports have been designated to receive the ship-to-shore security alerts. Mercantile Marine Department has been designated to receive all-time communication from ships. Area Commanders, Coast Guard of Chittagong and Mongla have been designated to provide advice or assistance. Chittagong and Mongla seaports have appointed their Port Facility Security Officers and have appointed Germanischer Lloyd (GL) as their RSO; the preparation of Port Facility Security Assessment and Plans are expected to be completed by April. BSC, HRC, QC and other shipping companies have appointed their CSOs and have appointed GL and Det Norske Veritas as their RSO for ships; Ship Security Assessment and Plan for these ships are expected to be completed by March. Informatively, the local office of GL, having approved Maritime Security Auditor, has been designated as the approved office for India, Pakistan and Sri Lanka. Necessary training is being provided by GL Academy and other training institutions. Like all success before, hopefully Bangladesh will also cross the ‘ISPS bar’ by March 2004 i.e. well before the deadline of 1 July 2004. CONCLUSION The world has changed and security has become a way of life; where ‘normalcy’ has transformed into LEVEL 1 (not LEVEL 0)! IMO will publish a ‘White List’ of ports with approved port facility security plans (PFSP). The security of the ship is at all times the responsibility of the company. IACS will also publish a "white list" of ships issued with an International Ship Security Certificate (ISSC). A ship not having a valid ISSC will, by definition, be outside international requirements. Therefore it’s time to come together; all concerned authorities, institutions and personnel should work hand in hand to bring the shipping world to SAFE-SECURED ‘LEVEL 0’. _____________________________________________________________________________________________ MarEngr. SAJID HUSSAIN Class 1 Marine Engineer (UK), MSc (Sweden) Chief Engineer, Marine Academy, Bangladesh Maritime Expert/Consultant (IMO) Ex-Hon. Asst. Secretary (1994-96), Bangladesh branch of IMarE (UK) General Secretary, WMU Alumni Association of Bangladesh (WAAB) Sources/References: • • • • • • • • • • • • • IMO Website — http://www.imo.org IMO’s ISPS Code – 2003 edition IMO MSC/Circ 1067 & 1097 IMO News magazine 1/2003 issue Transport Canada website — http://www.tc.gc.ca/vigilance/sep/marine_security/isps/menu.htm INMARSAT Website – http://fleet.inmarsat.com/F77_security.htm Germanischer Lloyd website – http://www.gl-group.org GL Guidelines Lloyds Register website – http://www.lr.org Lloyds Register – ISPS Code Practical Pack Port of Singapore magazine – December 2003 isue Transport International magazine of ITF – 2/2003 issue Ocean Voice magazine – Oct-Dec 2003 & Jan-Mar 2004 issues About the author After graduating from Marine Academy in 1980, Engr. Sajid Hussain had served on-board BSC ships in the ranks of Cadet Engineer to Chief Engineer till 1993; since 1993 teaching in the Marine Academy and since 1995 as its Chief Engineer (Head of Engineering Dept); achieved his Class ONE Marine Engineer Certificate of Competency from UK in 1989 and MSc (Maritime Safety Administration – Marine Engineering) Degree from World Maritime University, Sweden in 1998; actively attached with the Bangladesh Branch of the Inst. of Marine Engineers (UK) since its inception in 1989; performed as the Honorary Assistant Secretary of this branch from 1994 to 1996. Engr. Sajid Hussain has presented, so far, 6 technical papers in various IMarE/IMarEST seminars; a maritime expert/consultant of IMO (nominated in 1999); also an amateur writer of maritime affairs, sea-life, computer technology and literature as well. His publications include 5 books ('A proposal for establishment of a maritime university in Bangladesh', 'Computer: Janar ache anek kichu', 'Esho Computer-er Rajjey', 'AutoCAD 2002 – Hatekhari', and 'Ekattorer Prometheus') and over 100 features. His contact: sajid@abnetbd.com or 031-611535, 0171-012136. 6