1. pants

General

1.1.

Introduction

This part of the International

Code for the Security of Ships and Port Facilities contains

mandatory provisions to which reference is made in chapter XI-2

of the International Convention for the Safety of Life at Sea,

1974 as amended.

1.2.

Objectives

The objectives of this Code

are:

.1. to establish an international

framework involving co-operation between Contracting Governments,

Government agencies, local administrations and the shipping and

port industries to detect security threats and take preventive

measures against security incidents affecting ships or port

facilities used in international trade;

.2. to establish the respective

roles and responsibilities of the Contracting Governments,

Government agencies, local administrations and the shipping and

port industries, at the national and international level for

ensuring maritime security;

.3. to ensure the early and

efficient collection and exchange of security-related

information;

.4. to provide a methodology for

security assessments so as to have in place plans and procedures

to react to changing security levels; and

.5. to ensure confidence that

adequate and proportionate maritime security measures are in

place.

1.3. Functional

requirements

In order to achieve its

objectives, this Code embodies a number of functional

requirements. These include, but are not limited to:

.1. gathering and assessing

information with respect to security threats and exchanging such

information with appropriate Contracting Governments;.

.2. requiring the maintenance of

communication protocols for ships and port facilities;

.3. preventing unauthorized access

to ships, port facilities and their restricted areas;

.4. preventing the introduction of

unauthorized weapons, incendiary devices or explosives to ships

or port facilities;

.5. providing means for raising

the alarm in reaction to security threats or security

incidents;

.6. requiring ship and port

facility security plans based upon security assessments; and

.7. requiring training, drills and

exercises to ensure familiarity with security plans and

procedures.

2.

Definitions

2.1. For the purpose of this part,

unless expressly provided otherwise:

.1. Convention means the

International Convention for the Safety of Life at Sea, 1974 as

amended.

.2. Regulation means a

regulation of the Convention.

.3. Chapter means a chapter

of the Convention.

.4. Ship security plan

means a plan developed to ensure the application of measures on

board the ship designed to protect persons on board, cargo, cargo

transport units, ship's stores or the ship from the risks of a

security incident.

.5. Port facility security

plan means a plan developed to ensure the application of

measures designed to protect the port facility and ships,

persons, cargo, cargo transport units and ship's stores within

the port facility from the risks of a security incident.

.6. Ship security officer

means the person on board the ship, accountable to the master,

designated by the Company as responsible for the security of the

ship, including implementation and maintenance of the ship

security plan and for liaison with the company security officer

and port facility security officers.

.7. Company security

officer means the person designated by the Company for

ensuring that a ship security assessment is carried out; that a

ship security plan is developed, submitted for approval, and

thereafter implemented and maintained and for liaison with port

facility security officers and the ship security officer.

.8. Port facility security

officer means the person designated as responsible for the

development, implementation, revision and maintenance of the port

facility security plan and for liaison with the ship security

officers and company security officers.

.9. Security level 1 means

the level for which minimum appropriate protective security

measures shall be maintained at all times.

.10. 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.

.11. 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.

2.2. The term "ship", when used in

this Code, includes mobile offshore drilling units and high-speed

craft as defined in regulation XI-2/1.

2.3. The term "Contracting

Government" in connection with any reference to a port facility,

when used in sections 14 to 18, includes a reference to the

"Designated Authority".

2.4. Terms not otherwise defined

in this part shall have the same meaning as the meaning

attributed to them in chapters I and XI-2.

3.

Application

3.1. This Code applies to:

.1. the following types of ships

engaged on international voyages:

.1. passenger ships, including

high-speed passenger craft;

.2. cargo ships, including

high-speed craft, of 500 gross tonnage and upwards; and

.3. mobile offshore drilling

units; and

.2. port facilities serving such

ships engaged on international voyages.

3.2. Notwithstanding the

provisions of section 3.1.2, Contracting Governments shall decide

the extent of application of this Part of the Code to those port

facilities within their territory which, although used primarily

by ships not engaged on international voyages, are required,

occasionally, to serve ships arriving or departing on an

international voyage.

3.2.1. Contracting Governments

shall base their decisions, under section 3.2, on a port facility

security assessment carried out in accordance with this Part of

the Code.

3.2.2. Any decision which a

Contracting Government makes, under section 3.2, shall not

compromise the level of security intended to be achieved by

chapter XI-2 or by this Part of the Code.

3.3. This Code does not apply to

warships, naval auxiliaries or other ships owned or operated by a

Contracting Government and used only on Government non-commercial

service.

3.4. Sections 5 to 13 and 19 of

this part apply to Companies and ships as specified in regulation

XI-2/4.

3.5. Sections 5 and 14 to 18 of

this part apply to port facilities as specified in regulation

XI-2/10.

3.6. Nothing in this Code shall

prejudice the rights or obligations of States under international

law.

4.

Responsibilities of Contracting Governments

4.1. Subject to the provisions of

regulation XI-2/3 and XI-2/7, Contracting Governments shall set

security levels and provide guidance for protection from security

incidents. Higher security levels indicate greater likelihood of

occurrence of a security incident. Factors to be considered in

setting the appropriate security level include:

.1. the degree that the threat

information is credible;

.2. the degree that the threat

information is corroborated;

.3. the degree that the threat

information is specific or imminent; and

.4. the potential consequences of

such a security incident.

4.2. Contracting Governments, when

they set security level 3, shall issue, as necessary, appropriate

instructions and shall provide security related information to

the ships arid port facilities that may be affected.

4.3. Contracting Governments may

delegate to a recognized security organization certain of their

security related duties under chapter XI-2 and this Part of the

Code with the exception of:

.1. setting of the applicable

security level;

.2. approving a Port Facility

Security Assessment and subsequent amendments to an approved

assessment;

.3. determining the port

facilities which will be required to designate a Port Facility

Security Officer;

.4. approving a Port Facility

Security Plan and subsequent amendments to an approved plan;

.5. exercising control and

compliance measures pursuant to regulation XI-2/9; and

.6. establishing the requirements

for a Declaration of Security.

4.4. Contracting Governments

shall, to the extent they consider appropriate, test the

effectiveness of the Ship or the Port Facility Security Plans, or

of amendments to such plans, they have approved, or, in the case

of ships, of plans which have been approved on their behalf