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“ PORT SECURITY - THE ISPS CODE”
Nancy Karigithu: DG, Kenya Maritime Authority
- national maritime policy
- foundation upon which the State addresses matters of maritime safety, security, pollution control and protection of the marine environment.
These areas are best suited to international agreement in order to obtain a level of uniformity.
List is not exhaustive: A common clause in IMO conventions;
“all matters which are not expressly provided for in the
present convention remain subject to the legislation of the
a) The United Nations (UN)
United Nations Convention on the Law of the Sea (UNCLOS) 1982
Duty of Government to determine that port facilities in
its territory Comply with the Code
Port include any place where the ship/port Interface takes place, including areas such as anchorages, waiting berths and approaches from seaward, as appropriate
Requirements for Governments
Ensure Ports comply
-undertake review of measures in place
-Does the Port have to establish its own special police force with full law enforcement powers or, alternatively, the obligation to cooperate with and facilitate the performance of security functions by the national security agencies and other law enforcement officers, with clear provisions on the rights and obligations of the port vis a vis such agencies;
-Does the Port have power to establish regulations and procedures for port security and arrangements for ensuring the effective implementation of these procedures including the establishment of safety and security drills and other procedures required by law or recommended in relevant international regulations and guidelines;
- does the port have powers to arrest and detain vessels and persons attempting to commit offences as defined by national law or applicable international agreements, and to submit such persons to the jurisdiction of the relevant law of enforcement of judicial authorities?
-where the port State is a party to SUA Convention the law should grant the necessary jurisdiction to the courts to deal with persons who commit unlawful acts, even if such acts were committed outside the territorial jurisdiction of the courts, such jurisdiction will apply only if the State has jurisdiction under the terms of the convention;
-are there penalties for failing to comply with any regulations made by the port or other persons duly authorized by law to make such regulations? finally
- what about liabilities of the port for damage or loss or resulting from such acts done or directions given which turn out to be unreasonable or improper, including any exemptions or exclusions from liability, as may be deemed appropriate?
The ISPS Code is not a panacea - does not deal with all
aspects of ship’s and port security:
Whilst it is the duty of the Government to provide for these
matters port authorities must take a proactive role in this
regard because of the potential for contamination and
compromise to their own security arrangements under the
vehicles, operators, personnel and facilities and monitor whether licensees continue to meet these security requirements.
• Communicate to Customs information regarding operators under their jurisdiction that might be useful in the container screening process.
management guidelines) – signatory to WCO container initiatives;
-"Framework of Standards to Secure and Facilitate Global Trade"
Code of Practice on Security in Ports:
Port authorities ensure that to the best of their abilities that real compliance with the ISPS code, rather than superficial “paper” compliance, is achieved.
Ensure that many of the basic provisions of the ISPS extend to those vessels and ports not covered by the ISPS
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