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ISPS Code: Maritime Security in Bangladesh Md BMJ Volume- 1, Issue- 1 ISSN 2519-5972 Legal regime of ISPS Code: Maritime Security in Bangladesh Md. Asraful Alam1, Moklasur Rahman2 Abstract International Ship and Port Facility Security Code (ISPS) plays a vital role in the shipping industry, ports and the associate bodies of Government for maritime nations in particular. The strategic trend of transporting merchandise from one State to another is significantly increasing. However, unsteady world politics, the threat of extremism and maritime casualties very often affects the total maritime sector. For safe and security in this sector, legal regime of ISPS Code under chapter XI-2 of SOLAS is evolved after 9/11 attack in the USA. It comprises different levels of security, Governments obligations, the responsibility of ports, shipping industry and other stakeholders. ISPS Code established an international framework to foster cooperation among the Contracting Governments, Government agencies, local administrations and the shipping and port industries, in assessing and detecting potential security threats to ships or port facilities used for international trade. Bangladesh is not apart from these threats. Any threat to this sector may cause demolishing the whole development of the country. The concerned authority should take immediate steps towards confirming strong security according to the standard mentioned in ISPS. Keywords: ISPS Code, Port Security, Port Authority, Ship Security Officers, Company Security Offers, Security Level, SOLAS and Maritime Safety. Introduction International Ship and Port Facility Security Code (ISPS Code) is an important development and working as a safety devise for the maritime world. Most of the maritime nation accepted this code warmly to boost up their security level of ships, ports even sometime applies it to internal waters. The ISPS Code, adopted as part of the Chapter XI-2 and other amendments to SOLAS had been agreed in December 2002 under the auspices of the International Maritime Organization (IMO). Part (A) of the Code establishes a list of mandatory requirements, and Part (B) provides recommendations on how to fulfil each of the requirements set out in Part (A). SOLAS Chapter XI-2 has been amended to include special measures to enhance maritime security which is a regulatory law of International Maritime Organization (IMO). The principle in new chapter incorporates new regulations concerning definitions and requirements for ships and port facility. These regulations are supported by the ISPS Code. Bangladesh is a signatory country to SOLAS and therefore Bangladesh is under obligation to follow the provisions contained therein. Bangladesh is an emerging nation in shipping industry. However, port is a prime mover of national economy in Bangladesh where almost all of carrier modes for international trading is carriage by sea. A number of ________________________________________________________________ 1Lecturer, Department of Maritime Law and Policy, Bangabandhu Sheikh Mujibur Rahman Maritime University, Bangladesh 2 Post Graduate Student, Department of Maritime Law and Policy, BSMRMU 70 BMJ Volume- 1, Issue- 1 ISSN 2519-5972 incidents make it more demandable to search for new but effective mode of security although the dimensions of maritime security. a. Background of the ISPS Code. ISPS Code can be tracked from historical phenomena through the 19th century. In the 1980s, the Palestine Liberation Front (PLF) and other members of Palestine Liberation Organization (PLO) launched attacks on both civilian and military targets in the north of Israel, across the Lebanese border. In response to one such attack by the PLO's Force 17 on an Israeli yacht, the PLO headquarters in Tunis were bombed by the Israeli Air Force (Operation Wooden Leg) on October 1, 1985. The headquarters were completely destroyed in this attack, and sixty PLO members were killed. The Italian cruise ship Achille Lauro was hijacked on 7 October 1985 by four heavily armed terrorists on behalf of the Palestine Liberation Front (PLF). The cruise ship was carrying more than 400 passengers and the hijacking occurred in Egyptian waters. The terrorists onboard the cruise ship claimed that the Israel government should free 50 Palestinian prisoners. Hijacker killed a 69- year-old disabled American tourist and threw the death body and the wheelchair overboard. Tragedy carried on for two days. The tragedy carried on for two days. In addition, lastly the terrorists were arrested in Sicily, Italy and they were convicted to prison for long terms. The incident was one of the first terrorist acts against the shipping industry and the first recorded terrorist acts in modern maritime history. A short period after the hijacking incident in 1986, the IMO adopted resolution A.584 (14) on a measure to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crew. Furthermore, in 1986 the UN General Assembly requested a study concerning the problem of terrorism on board ships. The study resulted in a set of recommendations on measures to prevent unlawful acts against passengers and crew on board ships. These measures were adopted as MSC/Circ. 443 at IMO. It was to become the basis, some fifteen years later, for the development of the ISPS Code. In the wake of the tragic event of 11 September 2001 in the United States, the Assembly resolution A.924 (22) November 2001 called for a review of the existing international legal and technical measures to prevent and suppress terrorist acts against ships at sea and in port, and to enhance maritime security both onboard ships and port facilities ashore. The main purpose of the resolution A.924 (22) was to develop international standards and recommendations concerning reducing the risks to passengers, crews and port personnel onboard ships and in port areas. The standardization also considers protecting the ship’s cargo and to enhance ships and port 71 BMJ Volume- 1, Issue- 1 ISSN 2519-5972 security and prevent shipping from becoming a target of international terrorism. IMO developed new obligation concerning maritime security during the international convention for the Safety of Life at Sea (SOLAS), 1974 as amended, the new Chapter to SOLAS XI-2 on special measures to enhance maritime security. The diplomatic conference on maritime security in December 2002 adopted the amendments to chapter V and XI- 2 of SOLAS 1974 to the existing provisions of the International Convention for the Safety of Life at Sea, 1974 (SOLAS, 1974). One hundred and nine contracting governments, two observations from IMO member states, two observations from IMO associate members, UN specialized agencies, intergovernmental organizations and non- governmental international organizations attended the conference. Only after 18 months their adoption, the new legal maritime security regime including the new Chapter XI-2 of SOLAS 1974 and the International Ship and Port Facility Security Code (ISPS Code) came into operation on 1 July 2004. b. Application of the ISPS Code. Having entered into force under SOLAS chapter XI-2 on 1 July 2004, the International Ship and Port Facility Security Code (ISPS Code) has since formed the basis for a comprehensive mandatory security regime for international shipping. The Code is divided into two sections, Part A and Part B. Mandatory Part A outlines detailed maritime and port security-related requirements which SOLAS contracting governments, port authorities and shipping companies must adhere to, in order to be in compliance with the Code. Part B of the Code provides a series of recommendatory guidelines on how to meet the requirements and obligations set out n the provisions of Part A. An example is the duty of the contracting governments. Another example that part B deals with is how part A should be implemented and the establishing of the security levels which is one of the vital issues in the ISPS Code. The ISPS Code applies to the following types of ships engaged on international voyages: Passenger ships, including high-speed passenger craft; Cargo ships, including high-speed craft, of 500 gross tonnages and upwards; Mobile offshore drilling units; and Port facilities serving such ships engaged on international voyages. 72 BMJ Volume- 1, Issue- 1 ISSN 2519-5972 The Security Levels under ISPS Code The security levels under the ISPS code describe the current scenario related to the security threat to the country and its coastal region including the ships visiting that country. The security levels are decided by the co-operation of the ship and port authority keeping the current condition of national and international security. The local government sets the security level and ensures to inform port state and ships prior to entering the port or when berthed in the port. All personnel on board ships and port state staffs are assigned with security duties, which are different for people of different levels. Moreover, frequent security drills are also carried out on board ships. There are three different security levels in the ISPS Code. The first level is in principle the minimum appropriate protective security which the security plan general is approved for by the responsible maritime administration. The second level requires that appropriate additional protective security has to be maintained for a period of time as a result of increased risk of a security incident. The third level is the highest risk level concerning security and an incident is probable or imminent, although it may not be possible
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