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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element. ISPS: The Human Element Frank Wall. Frank Wall and Associates. SOLAS Chapter XI-2 and the ISPS Code: The Human Element. Frank Wall and Associates.

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

ISPS: The Human Element

Frank Wall

Frank Wall and Associates

slide3

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

“to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade”

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

The security measures place additional responsibilities and pressures on seafarers

Frank Wall and Associates

slide5

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

The 2002 Diplomatic Conference sought to recognize these pressures by recommending changes to the Safe Manning Certificate

and through Conference Resolution 11 “Human-element-related aspects and shore leave for seafarers”

Frank Wall and Associates

slide6

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Seafarers identification was addressed in Conference Resolution 8 “Enhancement of security in co-operation with the International Labour Organization”

The Resolution anticipated early revision of the ILO’s Seafarers’ Identity Document Convention, 1958 (No 108)

Frank Wall and Associates

slide7

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

The International Labour Conference adopted the Seafarers Identity Documents Convention (Revised), 2003 (No.185) in June 2003, providing an identity document with biometric information

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

A number of states, notably the United States, insisted that all seafarers should have a valid visa – in the US case obtaining the visa requires personal application to the US Embassy in the applicants’ home country

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Since 2002 discussion on human element related aspects at the IMO has tended to focus on issues arising from examples of control measures in the United States

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

  • IMO has therefore concentrated on three key issues:
  • access to the ship by, and the actions of, “control” officers;
  • crew access to the shore, and
  • access to the ship by owners and welfare representatives

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

MSC 78 (May 2004) issued:

Circ 1111: “Guidance relating to the implementation of SOLAS Chapter XI-2 and the ISPS Code” covering, inter alia, duly authorized officers and

Circ 1112 “Shore leave and access to ships under the ISPS Code”

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

In August 2004 the US Department of Homeland Security issued guidance to its officials on “Access to Commercial Vessels and Waterfront Facilities”

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

  • MSC 79 (December 2004) issued:
  • Circ. 1132 “[Further] Guidance relating to the implementation of SOLAS Chapter XI- 2 and the ISPS Code” covering, inter alia:
  • control of access to port facilities;
  • identification on boarding ships, and
  • safety inspections and lifeboat drills

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

MSC 80 (May 2005) may issue comprehensive guidance for officials with the right of access to ships when in port

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

  • the “uneven” global application of the security requirements;
  • the “sharing” of security responsibilities between ships and port facilities;
  • the actual effects of the additional requirements on crew performance and attitudes;
  • conflicts between ISPS and commercial realities or pressures, and
  • ISPS being used as a further reason to “shake down” the industry

Frank Wall and Associates

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SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Thank you for your attention

Frank Wall and Associates