Maritime security- roles and responsibilities of maritime participants

Uppermost in the development of the International Ship and Port Facility Security (ISPS) Code has been the interaction of pressures on all parties. These include the pressure on the IMO from UN, pressure on contracting Governments and the requirement for companies and their ships over 500 GT to comply.

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Contracting Governments

It is for Flag States to set security levels and provide guidance for protection from security incidents for vessels flying their flags and where they impose heightened security measures and levels. Contracting Governments must issue appropriate instructions and provide security-related information to the ships and port facilities that may be affected.

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Ports and port facilities

The ISPS Code places responsibility on port authorities to undertake detailed security assessments of port facilities to identify threats and vulnerabilities and to produce incident response plans. The Governments must identify the level of security and provide appropriate intelligence and advice to ports and ships.

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Ports and port facilities

Port states whose port facilities need to comply with the ISPS Code are required to provide points of contact that give details of those having a Port Security Plan and contact details of the appropriate Port Facility Security Officers. Company and Ship Security Officers should use these points of contact to find out if the port facilities they intend to visit comply with the ISPS Code.

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IMO Global Integrated Shipping Information System

The main menu/ entry page giving password-enabled access to input or amend a Contracting Government’s own records and read-only access to the records of other Contracting Governments;National point of contact details.Organizational contact detailsDetails of port facilitiesAlternative security arrangements.

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Details of port facilities

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Details of port facilities

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Details of alternative security arrangement

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Details of alternative security arrangement

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Companies

The ISPS Code requires that shipping companies must ensure that all their vessels comply with the requirements of Part A of the Code and that in order to achieve this, the guidance contained in Part B are taken into account. In addition, companies shall appoint Company and Ship Security Officers (CSO and SSO), ensuring that a Ship Security Assessment (SSA) is performed while developing a Ship Security Plan (SSP) for each ship.

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Shipboard personnel

Numerous new responsibilities stem from the ISPS Code. Within the SSP, there will be duties such as gangway watches, security patrolling, along with searching and escorting visitors. Such security matters will place further pressure on shipboard personnel with smaller crew number being used onboard vessels. This could introduce increased potential for accidents onboard vessels.

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Shipboard personnel

The issue of the increased workload has been discussed both before and after the adoption of the ISPS Code. The IMO has stated that the smaller crew members found onboard ships favourattackers and thus place ships at a great disadvantage. Therefore, a small crew engaged in ensuring the safety of navigation through congested waters will have the additional task of maintaining high levels of security surveillance for prolonged periods.

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Shipboard personnel

Vessels are required to record details of all port calls and the status of both their own security and that of the port. This is kept within a Continuous Synopsis Record (CSR), which is intended to provide an on-board record of the history of the ship and is issued by the Flag State.海

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Continuous synopsis record

The CSR provides an historical record of the information. The ship CSR file comprises of all CSR documents (Form 1) issued by the vessel’s Flag State (s), numbered sequentially over the life of the ship; all amendment forms (Form 2) attached to each individual CSR document relating to changes made to that CSR document; and all indices of amendments (Form 3) listing all amendments (specified by amendment forms) relating to each CSR document and attached to Form 1 above.

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Continuous synopsis record

The CSR file should be available for inspection at all times by a duly authorised Government official. In addition, It is the responsibility of the Company to ensure that the CSR file is maintained up to date. Only the flag state can issue a ship’s CSR document (Form 1) to her registered ship. Each original CSR document will be sent to the ship, via the Company, and this document should be kept by the ship throughout its lifetime. The flag will keep a copy of each CSR document issued to the ship.

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Continuous synopsis record

Previous entries on the CSR document (Form 1) cannot be modified, deleted or in anyway erased or defaced. Any changes will be reflected in amendment forms (Form 2) and index of amendment forms (Form 3) for the affected CSR document.

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Amendments completed by the company or the master

The Company or the Master should notify any changes to the CSR by completing the relevant sections in the Form 2 and sending a copy to the ship’s registered office. Pending the issue of an updated CSR document, the original Form 2 should be inserted by the Master into the CSR File on board the vessel. A copy should be retained by the Company. Additionally, whenever an amendment form is attached to the ship’s current CSR document, details of the amendment also have to be entered in the index of amendments (Form 3) and attached to the current CSR document in date order.

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The requirement of CSR when changing the flag

In the case of a new entrant to a Government due to a change of Flag, the previous Flag State has to forward a copy of the ship’s CSR file to the current Flag. Once the file is received, the current Flag will issue to the ship a sequentially numbered CSR document within three months.海

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Cruise industry

The majority of cruise operators have long been operating far above and beyond the requirements of the ISPS Code. For many of these operators, they are simply adapting existing regimes and making sure that all new legislations are covered.

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Ferry industry

The robust approach from the cruise industry has not crossed over fully to the ferry sector and many see ferries as offering a soft target to terrorists. A study conducted in 2003 by USCG identified large ferries (such as those engaged on voyages between Manhattan and Staten Island, New York) as being the joint highest risk along with vessels carry hazardous cargoes near an urban area.

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The insurers role

In light of the new security requirements, insurers will require that vessels are not only in possession of the required security certification but that they do what is required of them in practice. In looking to assess whether an insurance claim is legitimate, insurers will no doubt use the ISPS requirements and the shipowners adherence to them as a yardstick to either settle or avoid claims. Thus, shipowners may not be able to recover loses on their policies in the event of losses arising from a security incident.

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The UK P&I Club comment

It is increasingly difficult to distinguish what amounts to piracy. Some so-called acts of piracy may be more akin to acts of terrorism and therefore be excluded from the piracy cover, which fall within the scope of war-risk cover.

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Terrorism and piracy attacks

Due to the fact that the line between piracy attacks in the Malacca Strait region and terrorism was becoming less distinct, a new set of clauses was proposed in 2005 for use on marine war policies held by shipowners to cover piracy risks. It was intended that the use of such clauses would clarify the situation for policyholders and insurers as piracy and terrorism will be covered by the same policy.

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Seafarer insurance

Due to the increasing number of kidnappings of shipboard crew for ransom, many seafarers purchase their own personal cover prior to joining a vessel, such a policy covers loss of earnings, kidnap for ransom, and medical insurance.

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