The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States.

 
The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS). The Code has two parts, one mandatory and one recommendatory.

 
In essence, the Code takes the approach that ensuring the security of ships and port facilities is a risk management activity and that, to determine what security measures are appropriate, an assessment of the risks must be made in each particular case.

 
The purpose of the Code is to provide a standardised, consistent framework for evaluating risk, enabling Governments to offset changes in threat with changes in vulnerability for ships and port facilities through determination of appropriate security levels and corresponding security measures.

The ISPS Code is part of SOLAS so compliance is mandatory for the 148 Contracting Parties to SOLAS - see Status of Conventions complete list for list of SOLAS Contracting Governments

Security level 1: normal, the level at which the ship or port facility normally operates. Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times.

 
Security level 2: heightened, the level applying for as long as there is a heightened risk of a security incident.
Security level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident.

 
Security level 3: exceptional, the level applying for the period of time when there is the probable or imminent risk of a security incident.
Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target.

 
Setting security level 3 should be an exceptional measure applying only when there is credible information that a security incident is probable or imminent. Security level 3 should only be set for the duration of the identified security threat or actual security incident. While the security levels may change from security level 1, through security level 2 to security level 3, it is also possible that the security levels will change directly from security level 1 to security level 3.

The measures adopted in 2002 include:

Modifications to SOLAS 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. 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."
 

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 marking on a horizontal surface visible from the air. Ships should also be marked with their ID numbers internally.

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 new Chapter XI-2 (Special measures to enhance maritime security) is added after the renumbered Chapter XI-1.
  
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-2/2 of the new chapter enshrines the International Ship and Port Facilities Security Code (ISPS Code). Part A of this Code is mandatory and part B contains guidance as to how best to comply with the mandatory requirements.
 
Regulation XI-2/3 requires Administrations to set security levels and ensure the provision of security level information to ships entitled to fly their flag. Prior to entering a port, or whilst in a port, within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if that security level is higher than the security level set by the Administration for that ship.
  
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.
  
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-2/10 covers requirements for port facilities, providing among other things for Contracting Governments to ensure that port facility security assessments are carried out and that port facility security plans are developed, implemented and reviewed in accordance with the ISPS Code.
 
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
  

148 States are Contracting Governments to the 1974 SOLAS Convention and the convention applies to 98.4 % of the world's merchant ships by gross tonnage.
 
On the basis of recent information provided by IACS, Ship Security Plans have been submitted for approval in respect of over 79% of ships to which the ISPS Code applies. This demonstrates that security assessments have been carried out and security plans drawn up in respect of more than half of the international fleet in advance of the 1 July deadline. The companies and seafarers involved have already raised their awareness and some defences have already been put in place against the threat of terrorism.
 
The IMO Secretariat hopes that Governments, the shipping industry and port authorities will intensify their efforts during the remaining time until the 1 July to fully comply with the requirements of the provisions of chapter XI-2 of SOLAS 74 and of the ISPS Code by the target date.

No.
 
On the 12 December 2002, 108 of the 146 Contracting Governments to the 1974 SOLAS Convention, when adopting the special measures to enhance maritime security, agreed that the 2002 SOLAS Amendments will enter into force on the 1 July 2004, provided that not later than 1 January 2004, not less than one third of the Contracting Governments, or Contracting Governments the combined merchant fleets of which constitute not less than fifty percent of the gross tonnage of the world's merchant fleet, notify the Secretary-General of IMO that they object to the amendments. The Secretary-General received no objections and thus, in strictly legal terms, the 2002 SOLAS Amendments have been formally accepted by the Contracting Governments and they will, therefore, enter into force on the 1 July 2004, as agreed when they were adopted.
 

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Source: International Maritime Organisation