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Inmarsat Partners can aid compliance with the ISPS Code through the provision of hardware and airtime for:
• day-to-day security communications between the ship/port interface
• the Ship Security Alert System (SSAS)
• meeting the requirements of the Long Range Ships' Identification and Tracking
(regulations yet to be finalised; see below)
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The International Ship & Port Facility Code (ISPS) comes into effect on July 1, 2004. A few provisions within the Code have a different implementation date.
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There are two parts to the ISPS Code. Part A covers mandatory requirements, and Part B guidance, regarding the provisions of Chapter XI-2 of the Annex to the International Convention for SOLAS. Some national governments intend to make Part B compulsory.
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The ISPS Code is designed to protect ports and international shipping against terrorism. The ship/port interface is seen as a potential point of weakness for security measures. Sea perimeters are especially difficult to control and police.
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Other maritime security challenges, outwith the Code, are illegal immigration, smuggling, theft and piracy.
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The Code provides "identity" and "transparency". It makes it clearer with whom business is being conducted and who is responsible for what. Currently, it is often unclear who is the beneficial owner of a vessel and who is responsible for its conduct.
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There is very little time between now and July 1, 2004, for ships and port facilities to comply with the ISPS Code. Bodies such as Classification Societies and Owner Organizations are providing advice and guidance to their members, but total clarify is not yet available as to how the ISPS Code will be implemented in practice.
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It is unlikely that the implementation date of July 1, 2004, will be extended. However, some countries have yet to decide which national body is responsible for ship and port security and therefore have not appointed a Recognised Security Organisation (RSO), which awards the
International Ship Security Certificate, which introduces an element of doubt in relation to the ability for their ships (and ports) to comply with the Code on time.
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Worldwide, some 30,000 to 40,000 ships 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.
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An International Ship Security Certificate (ISSC) is either granted or it is not. Failure to gain an ISSC means that the vessel cannot trade.
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Every vessel subject to ISPS should have a Ship Security Plan in place by April 2004.
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The Code recognizes threats to national security may come from a ship via its personnel, cargo or the ship itself. It also recognizes that a ship is vulnerable to threats from port personnel, cargo and stores, and the port facility itself.
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Good record maintenance and retrieval of security records and contacts between the ship and port facilities is an essential part of qualifying for an ISSC.
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One method of co-ordination achieved between a ship and port facility after July 1, 2004, includes a Declaration of Security between ship and port facility.
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The Flag State and Port State are responsible for ensuring that news and information on security affecting ships reaches affected vessels.
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Flag states, port states and coastal states must know where ships are. This has implications for long-range identification and tracking of ships, although this is still being developed.
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The IMO has still yet to decide on how Long Range Ships' Identification and Tracking will operate. The issue will be discussed again at Comsar 8 in February 2004, at MSC78 in June 2004 and MSC79 in December 2004.
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Some national governments are applying ISPS to their domestic ships and port facilities.
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Some national governments are introducing their own domestic maritime legislation. Examples include the USA with the Maritime Transportation Security Act 2002 and the European Commission's May 2003 proposals for enhancing maritime transport security. Some international organizations, eg OECD on the ownership of ships/fleets, are considering new regulations for maritime transport. An European Union directive on Port Security may materialize.
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There are three designated levels of security under ISPS: normal (level 1), increased (level 2) and high (level 3).
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At varying dates, every ship subject to the ISPS Code must install a Ship Security Alert System (SSAS). This is a covert alert, which does not sound on the ship nor alerts neighbouring ships, and alerts the authorities ashore only.
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The method of alert for the SSAS varies according to whether the equipment used to give the covert alert is GMDSS approved or not. Alerts that use GMDSS equipment will be sent to the Rescue Co-ordination Centre (RCC) or a designated national security authority. Alerts via non-GMDSS equipment may be sent to any designated destination, eg service provider.
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The International Labor Organisation (ILO) has agreed to revise its regulations for seafarers' ID.
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Further regulation on port security, which is likely to be complementary to the ISPS Code, is rumoured to be in the offing from the European Commission.
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Further International Maritime Organization updates on the ISPS Code and related issues will appear in Inmarsat's Ocean Voice magazine.