This International Ship and Port Security Code (ISPS) visualised series continues with a diagram showing how the effectiveness of a SSP is maintained.
As soon as an Ships Security Plan (SSP) becomes implemented its effectiveness will start to decline; skills will fade, precautions, equipment and systems will degrade, and circumstances will change. The ISPS has several requirements within it that recognises the need to counter this inevitable loss in effectiveness. The next visualisation has gathered and grouped these requirements.
This is an area in which the ISPS code gas much in common with the ISM code. For example, Regulation 6 of ISM requires the training of personnel, Regulation 8 requires the conducting of drills exercises, Regulation 9 reporting and analysis on non-conformities and occurrences, Regulation 10 Inspections and testing of equipment and Regulation 12 Audits, effectiveness and reviews. So many of the principles contained within the ISM code are also embedded within ISPS.
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This series of visualisations of the International Ship and Port Security Code continues with the organisations and persons involved in implementing security procedures on ships and in ports.
People and organizations put the procedures required by the ISPS documents into practice.
The next visualisation shows the relationships between the key organisations and individuals. It has close links with the first diagram, and shows another cascade of relationship down from the IMO to the ship and port facility.
The flow of activity
The IMO produces SOLAS and the ISPS.
Contracting Governments produce the laws and regulations to implement these requirements. They also have the important role of setting security levels.
The Designated Authority of the Government implement these laws.
A Recognised Security Organization may undertake some of the activities to implement the laws.
The Company Security Officer ensures the requirements are met in the fleet.
The Ships Security Officer ensures requirements are met on a ship and is responsible to the Master for the ship’s security.
The Port Security Office ensure that the requirements are met within a Port Facility.
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This blog is revisiting the The International Ship and Port Facility Code (ISPS) Code, this time in a series of posts that will help explain that important code in diagrams. Diagrams that will be of use to anyone studying for Maritime Exams.
The ISPS Code
If you are studying for professional maritime certifications, maritime security qualifications or undertaking a security related role in the maritime industry, a good working knowledge of The International Ship and Port Facility Code (ISPS) code is crucial. This important document underpins maritime security, both ashore and afloat.
To assist in the gaining this knowledge I have dug into the pages and paragraphs of IMO’s documents, pulled out the key facts, and then visualised them in a series of diagrams. Not everything is covered, not everything is in detail, but they do form a great structure to assist in understanding ISPS.
Documents
Legislation, publications, and documents form the basis for the application of ISPS. The code contains many reference to these, often using confusion abbreviations of the three and four letter kind. But once these documents are laid out in a diagram a logical manner the relationship between them all becomes obvious.
Our first visualization does just that, cascading the documents down from the international level (IMO), through the national legislative level, and them finally splitting into two elements at the bottom where the code is practically applied.
The flow of documentation
SOLAS chapter XI-2, Special Measures to enhance maritime security, makes the implementation of the ISPS code mandatory for governments.
·National governments make the code a legal requirement for its ships and port facilities through its own legislation and enforces compliance through its ISSC certification process.
The ports and ships have security risk assessments produced which form the basis of their security plans, which are implemented by the port personnel and ship’s crew.
Security records are kept by port facilities and ships as required by their security plans.
In some circumstances cooperation between ports and ships is enhanced by a Declaration of Security
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After the series of posts on counter piracy, and the quick detour into UNCLOS this blog has a quick look at a lesser known maritime convention, a convention with a long and messy title, but one that has some significance on Maritime Security.
What does SUA refer to?
Convention for the Suppression on Unlawful Acts against the Safety of Maritime Navigation (SUA Convention 2005) .
What acts are considered an offence under the SUA convention?
Article 3
The seizure or exercising control over a ship by force or threat or any other form of intimidation;
Performing an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;
Destroying a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;
Placing on a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;
Destroying or seriously damaging maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship;
Communicates information which that person knows to be false, thereby endangering the safe navigation of a ship.
Using against or on a ship or discharges from a ship any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage;
Note: BCN Weapon means biological, Chemical or nuclear weapons and other nuclear explosive devices.
Discharging from a ship, oil, liquefied natural gas, or other hazardous or noxious substances, in such quantity or concentration that causes or is likely to cause death or serious injury or damage;
Using a ship in a manner that causes death or serious injury or damage;
Transporting on board a ship:
Any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act;
Any BCN weapon, knowing it to be a BCN weapon;
Any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity;
Any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a BCN weapon, with the intention that it will be used for such purpose.
Actions
What action may a master take with a person who has committed an offence under SUA?
Article 8
Deliver
May deliver to the authorities of any other State Party any person who the master has reasonable grounds to believe has committed an offence under SUA.
Notify
The Master is to give notification to the authorities of the receiving State of his intention to deliver such person and the reasons for doing so.
Note :The receiving State shall accept the delivery, except where it has grounds to consider that the Convention is not applicable.
What actions must flag states take with regard to unlawful acts?
Supress
They shall co-operate to the fullest extent possible to prevent and suppress unlawful acts covered by this Convention, in conformity with international law, and shall respond to requests pursuant to this article as expeditiously as possible.
Request
A State that has reasonable grounds to suspect that an offence has been, is being or is about to be committed involving a ship flying its flag, may request the assistance of other States Parties in preventing or suppressing that offence. The States Parties so requested shall use their best endeavours to render such assistance within the means available to them.
Each request for corporation should, if possible, contain the name of the suspect ship, the IMO ship identification number, the port of registry, the ports of origin and destination, and any other relevant information. If a request is conveyed orally, the requesting Party shall confirm the request in writing as soon as possible. The requested Party shall acknowledge its receipt of any written or oral request immediately.
Consider Safety
States shall take into account the dangers and difficulties involved in boarding a ship at sea and searching its cargo, and give consideration to whether other appropriate measures agreed between the States concerned could be more safely taken in the next port of call or elsewhere.
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The piracy theme continues in the posts, but now moves away from the ISPS code to look at UNCLOS. The word piracy is often misunderstood, often being applied to any cases of robbery on a ship. This post explains what piracy really is, and what obligations are associated with that word.
United Nations Convention on the Law of the Sea
The important UNCLOS convention defines the crime of piracy, and states the responsibilities of governments to supress it.
“The United Nations Convention on the Law of the Sea was adopted in 1982. It lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources. It embodies in one instrument traditional rules for the uses of the oceans and at the same time introduces new legal concepts and regimes and addresses new concerns. The Convention also provides the framework for further development of specific areas of the law of the sea.”
Piracy consists of any of the following acts: Any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
Against a ship, aircraft, persons, or property in a place outside the jurisdiction of any State;
Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
Any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Article 101 Definition of piracy
Note: Depredation to means to lay waste, plunder or ravage.
The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.
Article 102 Piracy by a warship, government ship or government aircraft whose crew has mutinied
What are the High Seas?
All parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State
Article 86 Application of the provisions of this Part
What is a Pirate Ship?
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act. Article 103 Definition of a pirate ship or aircraft
What is the Flag state of a pirate ship?
A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.
Article 104 Retention or loss of the nationality of a pirate ship or aircraft
Counter Piracy
What must be done to supress piracy?
All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.
Article 100 Duty to cooperate in the repression of piracy
What action can be taken against a pirate ship?
On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.
Article 105 Seizure of a pirate ship or aircraft
Who can seize pirate ships?
A seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.
Article 107 Ships and aircraft which are entitled to seize on account of piracy
What happens if a mistake is made?
Where the seizure of a ship or aircraft on suspicion of piracy has been effected without adequate grounds, the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft for any loss or damage caused by the seizure.
Article 106 Liability for seizure without adequate grounds
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The final post in this series on counter piracy covers the area that is best known for piracy, the Western Indian Ocean.
Annex A of the Global Counter Piracy Guidance for Companies, Masters and seafarers covers the piracy risk area of the Western Indian Ocean (WIO). This is an area that has been dominated in recent years by the activity of Somalian Pirates,
The Region
Where can you find Region-specific guidance for the WIO region
BMP5. – Best Management Practices to Deter Piracy and Enhance Maritime Security in the Red Sea, Gulf of Aden, Indian Ocean and Arabian Sea.
A military established corridor upon which naval forces focus their presence and surveillance efforts. The MSTC is shown on Admiralty Maritime Security chart Q6099.
Why is it recommended that a vessel use the MSTC?
To benefit from the military presence and surveillance.
What are Industry Releasable Threat Assessments and Bulletins?
Documents produced by EUNAVFOR and CMF to inform risk management and decision making for companies operating merchant ships transiting through the Red Sea, Gulf of Aden (GoA), Gulf of Oman (GoO) and the Western Indian Ocean. The Industry Releasable Threat Assessments (IRTA) are supplemented by the Industry Releasable Threat Bulletins (IRTB).
Industry Releasable Threat Assessments (IRTAs) are issued quarterly. The quarterly IRTAs are supplemented by Industry Releasable Threat Bulletins (IRTBs), which are issued when necessary or appropriate. IRTBs provide rapid and responsive information to the maritime industry.
Note: These are a vital resource to ensure the safety of ships in the region, and should be fully considered as part of the risk assessment.
Registration and Reporting
Which organisation provides the day-to day interface between Masters and naval/military forces?
Note: ships are strongly encouraged to regularly send reports to UKMTO.
What is the MSCHOA?
The Maritime Security Centre- Horn of Africa. It is the planning and coordination centre for EU Naval Forces
Note: MSCHOA encourages companies to register their ship’s movements before entering the HRA and if participating in the group transit system via their website.
“The Combined Maritime Forces (CMF) is a multinational maritime partnership, which exists to uphold the Rules-Based International Order (RBIO) by countering illicit non-state actors on the high seas and promoting security, stability, and prosperity across approximately 3.2 million square miles of international waters, which encompass some of the world’s most important shipping lanes”
CMF has 34 member nations: Australia, Bahrain, Belgium, Brazil, Canada, Denmark, Egypt, France, Germany, Greece, Iraq, Italy, Japan, Jordan, Republic of Korea, Kuwait, Malaysia, the Netherlands, New Zealand, Norway, Pakistan, the Philippines, Portugal, Qatar, Saudi Arabia, Seychelles, Singapore, Spain, Thailand, Turkey, UAE, United Kingdom, United States, and Yemen.
This European Union Task force’s aim mission is to deter, prevent and repress acts of piracy and armed robbery off the Somali coast. It protects vessels of the World Food Programme (WFP) delivering aid to displaced persons in Somalia .
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After the last post on the Gulf of Guinea Region, this post goes on to cover another high risk Piracy risk area, the Asian Region.
Annex C of the Global Counter Piracy Guidance for Companies, Masters and Seafarers covers this Region in which there has been acts of piracy and armed robbery have occurred in the straits of Malacca and Singapore, the southern portion of the South China Sea, the Sulu-Celebes Seas and at certain ports and anchorages in Asia. The area is covered by two security charts published by the UKHO.
UKHO Security Charts
Q6112
Q6113
ReCaaP
What is ReCaaP?
The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). It is the regional government-to-government agreement to promote and enhance cooperation against piracy and armed robbery in Asia.
Under the Agreement, the ReCAAP Information Sharing Centre (ReCAAP ISC) was launched in Singapore in November 2006. It was formally recognized as an international organization in January 2007. To date, 20 States have become Contracting Parties to ReCAAP.
What is the IFC?
The Information Fusion Centre (IFC) is a multi-national maritime security information centre based in Singapore. The IFC aims to achieve early warning of maritime security threats through information-sharing cooperation with its partners to facilitate timely operational responses.
What action should be taken to report Piracy Incidents?
ReCAAP strongly recommends the victim ship to report immediately incidents to the nearest Coastal State through its MRCC, in accordance with the IMO/MSC Circular 1334.
Note: The Coastal State is urged to undertake appropriate response. ReCAAP Focal Point of the Coastal State shares the verified information of incident through the Information Network System with the ReCAAP ISC and other Focal Points on a 24/7 basis. Based on the verified information, the ReCAAP ISC issues a warning and/or an alert, as appropriate.
While not mandatory, shipowners, ship operators and shipping companies are encouraged to report all “Actual” and “Attempted” incidents related to piracy and armed robbery at sea as soon as possible to ReCAAP ISC using an online form.
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This series of posts on Counter Piracy Guidance will finish off with some advice on specific areas of risk, starting off with West Africa.
Annex B of Global Counter Piracy Guidance for Companies, Masters and Seafarers covers the Gulf of Guinea (GoG) Region.
What countries are included in the Gulf of Guinea (GoG) Region?
The coasts of Cameroon, Benin Ghana, Nigeria and Togo,
Note: These are areas in which mitigation measures against piracy and armed robbery should be applied. Attacks have occurred from as far south as Angola and north as Sierra Leone.
What organisation is the first point of contact for ships in the region?
The MDAT-GOG is the first point of contact for ships in the area. Merchant ships are strongly encouraged to register and report as highlighted in regional guidance and Chart Q6114 and French Navy Hydrographic Chart SHOM 8801CS.
What is MDAT-GOG?
Maritime Domain Awareness for Trade – Gulf of Guinea (MDAT-GoG) is a cooperation centre between the Royal Navy (UKMTO) and the French Navy (MICA-Center) in support of the Yaounde Process. This centre has been in operation since the 20th June 2016.
“The primary output from the MDAT-GoG is to contribute by maintaining coherent maritime situational awareness in the central and western African Maritime areas, with the ability to inform and support industry. It contributes to the safety and security of the Mariner in the regional maritime domain. The information supplied by vessels will be treated as commercially confidential.”
What is the Yaounde Process?
It is a Code of Conduct on the repression of piracy, armed robbery against ships, and illicit maritime activity in West and Central Africa, adopted at the June 2013 Summit of Heads of State in Yaoundé, Cameroon
What security chart covers the Gulf of Guinea area?
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The last post covered actions to take during a pirate incident. This post looks at a key action to be taken after a piracy incident- completing a post incident report
General
Why should a detailed report of an attack or suspicious incident be made?
To ensure full analysis and trends in activity of pirates and armed robbers are established
To enable assessment of pirate techniques or changes in tactics,
Ensuring appropriate warnings can be issued to other ships in the vicinity.
Who should this report be sent to?
A copy of the report should be sent to the company, the flag State and other relevant organisations.
Evidence
What guidelines should be followed with regards to evidence?
IMO Guidelines on Preservation and Collection of Evidence, A28/Res.1091.
“The primary purpose of the Guidelines is to assist masters1, with respect to the preservation of evidence and the pastoral and medical care of persons affected and, when appropriate, the collection of evidence, during the time period between the report or discovery of a possible serious crime and the time when law enforcement authorities or other professional crime scene investigators take action.”
The guidelines contain a table explaining what action should be taken with particular types of evidence.
What should the priorities be when preserving and collecting evidence?
Preserve the crime scene and all possible evidence.
If passage to a safe harbour is likely to take some time the Master should take initial statements from the crew
Avoid contaminating or interfering with all possible evidence – if in doubt, do not touch and leave items in place.
Do not clean up the area or throw anything
Protect voyage data recorders for future evidence
Provide easy access to the crime scene and relevant documentation for law enforcement authorities.
Note: A 28/Res.1091 states that the overriding role of the master is to ensure the safety of passengers and crew, which should take precedence over any concerns related to the preservation or collection of evidence.
How quickly should a ship operator contact INTERPOL after a hijacking?
It is recommended that ship operators contact INTERPOL within 3 days of a hijacking of their ship.
The Report
How can you submit a post incident report?
By on line forms, or downloable forms from the following websites. The UKMTO form will give a good overview of the information needed to be obtained for an after action report,
The Global Counter Piracy Guidance for Companies, Masters and Seafarers contains a section on what actions to take in the event of an attack and or Boarding. This post summarises those actions.
Suspicious approach
Attackers using weapons seldom open fire until they are very close to the ship, normally about two cables.
What action should be taken in the case of a suspicious approach?
Manoeuvre:
If underway, increase speed and manoeuvre away from the approaching small craft as much as possible to open the distance between the ship and the attackers.
Thereafter, steer a straight course to maintain maximum speed. Consider evasive actions if the circumstances allow.
Internal:
Minimise crew movement
Confirm the ship’s personnel are in a position of safety or warned to be ready to move.
Initiate the ship’s pre-prepared emergency procedures such as activating water spray and other appropriate self-defence measures.
Confirm external doors and, where possible, internal public spaces and cabins, are fully secured.
Communicate:
Place the ship’s whistle on auto to demonstrate to any potential attacker that the ship is aware of the attack and is reacting to it.
Activate the Emergency Communication Plan.
Activate the ship security alert system (SSAS) which will alert the company and flag state.
Put out a distress alert.
Maintain contact with the relevant reporting centre preferably by telephone for as long as it is safe to do so.
Ensure that the Automatic Identification System (AIS) is switched ON.
Note: On receipt of information in relation to an attack, a reporting centre will inform the appropriate national maritime operations/law enforcement centre and in some cases military if in the area, and should ensure all other ships in the immediate vicinity are aware of the event.
When Under Attack
What actions should a vessel make when under attack?
Manoeuvre:
If underway, commence small alterations of course whilst increasing speed to deter the boarding craft from lying alongside the ship. To avoid a reduction in speed, large alterations of course are not recommended.
Internal:
All crew, except those required on the bridge or in the engine room, move to the safe muster point or citadel.
Communicate
Make a distress call on VHF and all available means.
Confirm the attack has been reported to the relevant reporting centre.
Confirm the SSAS has been activated.
Action if the Ship is Boarded
What actions should be taken if a ship is boarded?
Manoeuvre
Stop the engines and take all way off the ship if navigationally safe to do so.
Internal
All remaining crew members to proceed to the citadel or safe muster point.
Ensure all crew are present in the citadel/safe muster point.
Communicate
Establish communications with the company and any relevant military/law enforcement authority
Note:The whole concept of the citadel approach is compromised if any of the crew are left outside before it is secured.
Action if Attackers take Control
If attackers take control of the ship, violence or the threat of violence is often used to subdue the crew. The chance of injury or harm is reduced if the crew are compliant
What should the immediate response to attackers taking control be?
Stop all movement
Try to remain calm
Offer no resistance
Note: The attackers will be aggressive, highly agitated and possibly under the influence of drugs or alcohol.
What action should you take when attackers have taken control?
Leave any CCTV or audio recording devices running.
Do exactly what they ask and comply with their instruction.
Crew members should keep their hands visible at all times
When directed, all movement should be calm, slow, and very deliberate.
What actions do you not take when attackers have taken control?
Do not take photographs.
Do not attempt to confront the attackers.
Do not make movements which could be interpreted as being aggressive.
Kidnap
Where a ship is hijacked, seafarers may be taken ashore to be held for ransom.
What should a company have in place regarding kidnapping?
A policy
to cover the eventualities of kidnap and ransom.
What should not do in a kidnapping situation?
Be confrontational.
Offer resistance.
Take photographs.
What should not do in a kidnapping situation?
Be positive.
Be patient.
Keep mentally active and occupied.
Keep track of time.
Reduce stress where possible by remaining physically active when possible.
Remain calm and retain dignity.
In the Event of Military Action
In some areas military or law enforcement action may be provided to assist ships under attack in certain circumstances. On these occasions ship’s crew should:
Keep low to the deck and cover their head with both hands, with hands visible.
On no account should personnel make movements which could be interpreted as being aggressive:
Do not take photographs.
Be prepared to be challenged on your identity.
Brief and prepare ship’s personnel to expect this and to cooperate fully during any Naval/Military action on board.
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