It is for the SOLAS Contracting Governments to implement the measures - detailed implementation of the Code is a matter for individual national governments.

 
We are all aware of the changing world around us and the threat to the maritime industry as demonstrated by the attacks on maritime infrastructure which have taken place. We cannot afford to be complacent.

 
The ISPS Code was adopted in December 2002 - but IMO had already initiated its regional awareness seminars - seven regional seminars during 2002 - so the idea of security was out there. Although all parties concerned knew that the time frame was very tight, the industry and Governments had sufficient time to prepare. There is no leeway in SOLAS for extensions of the deadline.

IMO will not impose any penalties - it is not within its remit to do so.

 
It is to be anticipated that market forces and economic factors will drive compliance.

 
But the consequences of either initially failing to comply or of failing to maintain continuous compliance with IMO's special measures to enhance maritime security, could be serious and far reaching. 

The Maritime Safety Committee (MSC) at its 78th session adopted Guidelines on Control and Compliance Measures to Enhance Maritime Security - MSC/Circ.1111 Guidance relating to the implementation of SOLAS chapter XI-2 and the ISPS Code includes:

• ANNEX 1 GUIDANCE RELATING TO THE IMPLEMENTATION OF SOLAS CHAPTER XI-2 AND THE ISPS CODE
• ANNEX 2 RESOLUTION MSC.159(78) INTERIM GUIDANCE ON CONTROL AND COMPLIANCE MEASURES TO ENHANCE MARITIME SECURITY

The ISPS Code and other security amendments were adopted under the SOLAS Convention. The Convention itself does not allow for IMO as a body to impose penalties. It provides for individual Contracting Governments to adopt the rules into their own national legislation. So there is no remit under the Convention for IMO as a body to monitor compliance or to go beyond the role set out for it under the Convention.

The consequences of either initially failing to comply or of failing to maintain continuous compliance with IMO's special measures to enhance maritime security will be serious and far reaching. But IMO's goal remains the efficiency of shipping.

 
Regulation XI-2/9 on Control and compliance measures states that when Contracting Governments exercise control:

• 1 all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained, or delayed, it shall be entitled to compensation for any loss or damage suffered; and

• 2 necessary access to the ship shall not be prevented for emergency or humanitarian reasons and for security purposes.

The ISPS Code is a very detailed document. It includes a mandatory part and a recommendatory part. The recommendatory part is intended to address those areas where very specific characteristics of a ship or port facility may mean that "one size" does not "fit all".

The Maritime Safety Committee (MSC) has confirmed that neither the drafting of the definition of the SSO nor the provisions of the ISPS Code relating to his responsibilities, training etc. were aimed at preventing the master from being designated as SSO.

 
According to the ISPS Code, it is the responsibility of the Company and the Company Security Officer to appoint the SSO. This naturally has to be endorsed by the Administration of the flag State and/or the Recognized Security Organization through the approval of the Ship Security Plan and issuing of the International Security Shipping Certificate and/or the relevant training certificate by the Administration as appropriate.

 
The definition of the SSO should be viewed in conjunction with SOLAS regulation XI-2/8 on "Master's discretion for ship safety and security", which makes it clear that the master has ultimate responsibility for safety and security.

 
The phrase "accountable to the master" in the definition of SSO is intended to cover those situations, for example on large passenger ships, where the SSO is not the master, by reaffirming that the master has overall responsibility for security. There is implicitly no intention of preventing the master from assuming the duties of SSO, as this would be inconsistent with SOLAS regulation XI-2/8.

 
It is, of course, for the national Administrations to decide if they wish to impose particular restrictions on who may serve as SSOs on ships flying their flag. This should, however, not be imposed by national Administrations on ships not flying their flag through port State control measures, since this is clearly the prerogative of the Contracting Government of the flag State concerned.

In 2002, IMO initiated a major programme under its Integrated Technical Co operation Programme (ITCP) to assist developing countries to contribute to the global effort to protect shipping from terrorist attacks. A sum of US$2,145,000 was set aside in the ITCP for 2002-2003 with a further US$500,000 allocated in 2004-2005 to undertake the work involved.

 
More than 60 regional and national seminars and workshops on maritime security, together with a number of advisory and assessment missions, have already been undertaken and more are planned. A Maritime Security Trust Fund has been established and financial support and pledges from a number of Member Governments have been received.

IMO has developed the following Model Courses:

 
ISPS - Company Security Officer, 2003 edition
This model course aims to provide knowledge to those who may be designated to perform the duties and responsibilities of a Company Security Officer (CSO).

 
ISPS - Port Facility Security Officer, 2003 edition
This model course aims to provide knowledge to those who may be designated to perform the duties and responsibilities of a Port Facility Security Officer (PFSO).

 
ISPS - Ship Security Officer, 2003 edition
This model course aims to provide knowledge to those who may be designated to perform the duties and responsibilities of a Ship Security Officer (SSO).

In November 2001, two months after the "9/11" attacks, IMO's 22nd Assembly adopted resolution A.924(22) Review of measures and procedures to prevent acts of terrorism which threaten the security of passengers and crews and the safety of ships, which called for a thorough review of all existing measures already adopted by IMO to combat acts of violence and crime at sea.

 
The Assembly agreed to hold a diplomatic conference on maritime security in December 2002, to adopt any new regulations that might be deemed necessary to enhance ship and port security and prevent shipping from becoming a target of international terrorism and it also agreed to a significant boost to the Organization's technical co-operation programme of £1.5 million, to help developing countries address maritime security issues.

 
The ISPS Code and other maritime security measures were developed by IMO's Maritime Safety Committee (MSC) and its Maritime Security Working Group before being adopted by a Conference n Maritime Security in December 2002, with entry into force set for 1 July 2004.

The existing measures prior to the adoption of the ISPS Code included guidelines adopted following the 1985 Achille Lauro incident, in which Palestinian terrorists hijacked an Italian cruiseship and killed a passenger before agreeing terms to end their siege.

 
Assembly resolution A.584(14) on Measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew, adopted in 1985, invited the MSC to develop detailed and practical technical measures to ensure the security of passengers and crews on board ships, taking into account the work of the International Civil Aviation Organization in the development of standards and recommended practices for airport and aircraft security. In December 1985, the United Nations General Assembly called on the IMO to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures.

 
In 1986, IMO issued MSC/Circ.443 on Measures to prevent unlawful acts against passengers and crews on board ships gave guidelines on the steps that should be taken, with particular reference to passenger ships engaged on international voyages of 24 hours or more and the port facilities which service them.

 
In November 1986, work began in IMO's Legal Committee on the preparation of a convention on unlawful acts against the safety of maritime navigation. In March 1988 a conference in Rome adopted the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988.

 
In 1996 the MSC adopted MSC/Circ.754 on Passenger ferry security.

The Legal Committee at it last session in April 2004 continued its consideration of a draft protocol to the SUA Convention and Protocol

 
Most delegations stated their support for the revision and strengthening of the SUA Convention in order to provide an answer to the increasing risks posed by terrorism to maritime navigation. Nevertheless, several delegations referred to the need to ensure that the prospective SUA Protocols do not jeopardize the principle of freedom of navigation and the right of innocent passage which are guaranteed by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as basic principles of international law and the operation of international commercial shipping.

In order to achieve its objectives, the ISPS Code embodies a number of functional requirements. These include, amongst others, a requirement for the maintenance of communication protocols for ships and port facilities and requirement for means for raising the alarm in reaction to security threats or security incidents.

 
Neither chapter XI-2 nor the ISPS Code expand, for good reasons, on security communications and the matter is left to the discretion of Governments.

Ship Security Alert System (SSAS)
The ship security alert system is designed to raise the alarm ashore in reaction to security threats or security incidents by notifying the flag State of the ship without alerting ships or coastal States in the vicinity or giving any indication on board. Use of the ship security alert system is a recognition that security is political and requires different response to a distress or emergency situation on board.
 
AIS
Operation of AIS in certain sea areas would cause security concern because information broadcast through AIS could be collected by pirates or terrorists. Because of this concern, the last Assembly adopted resolution A 956(23) which allow ship masters to switch off the AIS in specific areas where threat of attack by pirates or terrorists are imminent. IMO has taken an action to cover this area of concern.

IMO has taken an action to cover this area of concern, i.e. that operation of AIS in certain sea areas would cause security concern because information broadcasted through AIS could be collected by pirates or terrorists. Because of this concern, the last Assembly in November 2003 adopted resolution A 956(23) Amendments to the Guidelines for the onboard operational use of shipborne automatic identification systems (AIS) resolution A.917(22) which allows ship masters to switch off the AIS in specific areas where threat of attack by pirates or terrorists are imminent.

 
AIS is the broadcasting device and information will be made available for everyone without any discrimination. That information will be available for the coast safety agencies and authorities and could equally be available for ill-minded people. AIS itself is a tool used in an information collection system and we can not prevent people misusing that information.

 
However, AIS is also useful for monitoring the situation over any particular sea area by the security authorities within the security system established by those security authorities.

 
Concern over the security implication of the operation of AIS can only be overcome by tightening the security control measures to be enforced by the coastal security authorities.

New container ships and new ro-ro cargo ships (i.e. container and ro-ro cargo ships constructed on or after 1 July 2004) are required to comply with the requirements of regulation XI-2/6 on ship security alert systems on the date they enter service.

 
Existing container ships and existing ro-ro cargo ships (i.e. container and ro-ro cargo ships constructed before 1 July 2004) are considered, for the purpose of regulation XI-2/6, as other cargo ships and are required to comply with the requirements for ship security alert system not later than the first survey of their radio installation after 1 July 2006.

 
Passenger ships includes ro-ro passenger ships. Thus, new ro-ro passenger ships (i.e. ro-ro passenger ships constructed on or after 1 July 2004) are required to comply with the requirements of regulation XI-2/6 on ship security alert systems on the date they enter service. Existing ro-ro passenger ships (i.e. ro-ro passenger ships constructed before 1 July 2004) are required to comply with the requirements for ship security alert system not later than the first survey of their radio installation after 1 July 2004.

 
Regulation I/3(a)(vi) states that the present regulation (the term regulation is defined in regulation I/2(a) as meaning the regulations contained in the annex to the 1974 SOLAS Convention), unless expressly provided otherwise, do not apply to fishing vessels. Regulation XI-2/2.1 indicates the classes of ships to which the special measures to enhance maritime security apply and does not include fishing vessels. Thus, fishing vessels, irrespective of their size, are not required to be provided with ship security alert systems. However, nothing prohibits a State requiring the fishing vessels flying its flag to be provided with ship security alert systems.

 
The Maritime Safety Committee has recognized that in a number of occasions certain container ships may meet, in terms of speed, the definition of a high-speed craft. However, such container ships should be treated as cargo ships and not a high-speed crafts falling under the scope of the High Speed Craft Codes.

When adopting the amendments to the 1974 SOLAS Convention and the new ISPS Code concerning special measures to enhance maritime security in 2002, the SOLAS Conference, being aware of the competencies and work of the World Customs Organization (WCO), also adopted a resolution (Conference resolution 9), which, inter-alia, invites the WCO to consider, urgently, measures to enhance security throughout international movements of closed cargo transport units (CTUs). In response to the call for action from the Group of eight (G8) and IMO, the WCO adopted the Resolution on Supply Chain Security and Trade Facilitation in 2002, which addresses a series of steps to protect the international trade supply chain from acts of terrorism. Since the adoption of the resolution, the WCO Task Force was established and developed a package of measures, including:

• an amended WCO data Model and a list of 27 essential data elements for identification of high risk consignments;

• Customs guidelines for Advance Cargo Information (ACI Guidelines) to enable the advance (pre arrival) electronic transmission of customs data (Title of these guidelines has recently been changed to "Integrated Supply Chain Management Guidelines" (ISCM Guidelines);

• WCO High Level Guidelines for Co-operative Arrangements between Members and private industry to increase supply chain security and facilitate the flow of international trade; and

• a new International Convention on Mutual Administrative Assistance in Customs Matters to assist Members in developing a legal basis to enable the advance electronic transmission of customs data.

WCO is currently working on further development of supplementary instruments for the implementation of the above mentioned major WCO instruments, with a view to finalizing them by the end of 2004.

 
Measures to be taken by all parties in the supply chain (e.g. shipper, consolidator, terminal operators, warehouse operators etc) for the security of closed cargo transport units (CTUs) have been addressed in principle in the "WCO High Level Guidelines for Co-operative Arrangements between Members and private industry" and more detailed guidelines for each business sector are currently under development by WCO.

Information Resources on International Maritime Security and ISPS Code