Identify and Review International Regulations involving Facility Security
The Regulatory Subcommittee (RSC) International Regulations Task Group (TG) has been charged with the responsibility to address the following tasks from AMSC Facility Security Work Group (FSWG) Task Statement Action Sheet.
FSWG TASK: Working Group to address issues and opportunities related to security at facilities within Houston-Galveston-Texas City-Freeport region, including the impactions for other stakeholder actives and overall operations within the port complexes.
FSWG Short Term Tasks: Completion by September 2010
1. Identify security-related issues that adversely impact facility access and vessel support leading to restrictions on shore access for mariners, excess vessel movements, and other negative impacts for vessels and facilities with the region.
2. Identify and document best practices being used by facilities that reduce or eliminate these restrictions/impacts.
3. Develop and implement a plan to begin outreach to individual facilities, stakeholder groups and the marine community to address issue and drive improvements in each of these areas.
4. Monitor pending regulatory requirements for their impact on the industry and develop plans to enhance a coordinated implementation and issues resolution within the region.
5. As needed, communicate lessons learned and/or recommendations to the FMSC and AMSC and, as requested, provide additional assistance related to proposed regulatory or policy changes
Objective - Develop a list of the International Maritime Security Laws and Regulations that involve Facility Security and Access Control. The intent is to have all of these regulations located in one place with a short description of each regulation and hyperlinks to the actual regulation
By completing this objective, the RSC International Regulations TG will meet the FSWG Task and the FSWG Short Term Task 2 above.
Overview - While 35 CFR § 105.205 part (b) states:
Qualifications of MTSA, the Facility Security Officer (FSO), must have general knowledge, through training or equivalent job experience, in the following
(i) Relevant international laws and codes, and recommendations.
No guidance is given as to what laws and parts of laws should be reviewed.
In order to assist Facility Security Officers and others with Facility Security duties in the Houston-Galveston Sector, the Subcommittee needs to compile, in one convenient and easily accessible user-friendly place, all international regulations and guidance's documents pertaining to facility security. With this foundational base, the Subcommittee can share this information and possibly make recommendations on improving those regulations
Co-chairs
Don Bruce - JTAC Consulting
John Salvesen - Odfjell Tankers AS
Summary of International Regulations
1. The International Convention for the Safety of Life at Sea (SOLAS) -
It is administered by the International Maritime Organization (IM0), which is an agency of the United Nations (UN), and is the most important international treaty protecting the merchant ships' safety. The first version was passed in 1914 in response to the Titanic's sinking. Later versions were adopted in 1929, 1948, 1960, 1974, 1980, and 1988. Provisions address vessel construction, fire protection, life-saving, radio communications, safety of navigation, carriage of cargoes, carriage of dangerous goods, nuclear vessels, ship management, high-speed craft, special measures to enhance maritime safety and security, and safety measures for bulk carriers.
2. The International Ship and Port Facility Security (ISPS) Code -
It is an amendment to SOLAS (1974/1988) on minimum security arrangements for ships, port, and government agencies. Having come into force in 2004, it prescribes responsibilities to governments, shipping companies, shipboard personnel, and for/facility personnel to ". . . detect security threats and take preventative measures against security incidents affecting ships or port facilities used in international trade."
ISPS - INTERNATIONAL REQUIREMENTS
- Conference resolution 8 addresses the enhancement of security in co-operation with the ILO.
- Conference resolution 11 addresses human element related aspects and shore leave for seafarers.
- Requires internal and external (recognized security organizations) auditors to visit vessels.
- Uses definitions that differ from those used in MTSA.
History: The IMO states that "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" (IMO). Development and implementation were speeded up drastically in reaction to the September 11, 2001 attacks and the bombing of the French oil tanker Limburg. The U.S. Coast Guard, as the lead agency in the United States delegation to the International Maritime Organization (IMO), advocated for the measure. The Code was agreed at a meeting of the 108 signatories to the SOLAS convention in London in December 2002. The measures agreed under the Code were brought into force on July 1, 2004.
Scope: The ISPS Code applies to ships on international voyages (including passenger ships, cargo ships of 500 GT and upwards, and mobile offshore drilling units) and the port facilities serving such ships. The Code is a two-part document describing minimum requirements for security of ships and ports.
Part A provides mandatory requirements.
Part B provides guidance for implementation. The Code does not specify specific measures that each port and ship must take to ensure the safety of the facility against terrorism because of the many different types and sizes of these facilities. Instead it outlines "a standardized, consistent framework for evaluating risk, enabling governments to offset changes in threat with changes in vulnerability for ships and port facilities."
The main objectives of the ISPS Code are:
ü To detect security threats and implement security measures
ü To establish roles and responsibilities concerning maritime security for governments, local administrations, ship and port industries at the national and international level
ü To collate and promulgate security-related information
ü To provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels
For ships the framework includes requirements for:
· Ship security plans.
· Ship security officers
· Company security officers
· Certain onboard equipment
For port facilities, the requirements include:
· Port facility security plans
· Port facility security officers
· Certain security equipment
In addition the requirements for ships and for port facilities include:
· Monitoring and controlling access
· Monitoring the activities of people and cargo
· Ensuring security communications are readily available
United States implementation: The United States has issued regulations to enact the provisions of the Maritime Transportation Security Act of 2002 (MTSA) and to align domestic regulations with the maritime security standards of SOLAS and the ISPS Code. These regulations are found in Title 33 of the Code of Federal Regulations, Parts 101 through 107. Part 104 contains vessel security regulations, including some provisions that apply to foreign ships in U.S. waters.
3. The International Safety Management (ISM) Code -
It provides an international standard for the safe management and operation of ships and for pollution prevention. Its purpose is to ensure safety at sea, to prevent human injury or loss of life, and to avoid damage to the environment and to vessels. SOLAS adopted the ISM Code in 1994.
ISM - INTERNATIONAL REQUIREMENTS
· Requires internal and external audits
4. MARPOL - The International Convention for the Prevention of Pollution From Ships, 1973 as modified by the protocol 1978 (MARPOL 73/78) -
"Marpol" is short "marine pollution" and "73/78' is short for the years 1973 and 1978.) MARPOL is an important international marine environmental convention. Its objective is to preserve the marine environmental through the complete elimination of pollution by oil and other harmful substances and the minimization of accidental discharge of such substance. There are six annexes: oil, noxious liquid substance carried in bulk, harmful substances carried in packaged form, sewage, garbage, and air pollution.
MARPOL - INTERNATIONAL REQUIREMENTS
· Requires interaction with shore personnel along with specific actions as regards the transfer between shore and vessel of oil, chemicals, and garbage.
5. ILO - It is a specialized agency of the United Nations that deals with labor issues.
ILO - INTERNATIONAL REQUIREMENTS
· Requires certain actions as they relate to medical matters (including seamen being allowed to go ashore to see doctors) and living standards on board vessels.
