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

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.

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 to identify the specific target. However, these levels and important the ins and outs are written in further discussion. ISPS code has some limitation in communication among the stakeholders but playing a significance role in the maritime sector.

Obligations of Contracting Governments of implementation of ISPS Code

Under the ISPS code, governments of maritime nations abiding by the implementations rules are known as contracting governments (CG). It is the responsibility of the contracting governments to implement and enforce the ISPS Code successfully in their respective ports. It is worthy to be noted that the contracting government has the authority to decide the level of maritime security for the ships flying their flag and ports within their jurisdictions. The contracting government also has a large responsibility to ensure implementation of appropriate maritime security culture within its nation. In addition, the contracting governments have various responsibilities, which, amongst others include the following:

Responsibility of the ports and port facilities authorities

The ISPS Code gives the responsibility to the port authority to identify and assess the threats and vulnerability of the port facilities applying to the Code. In addition, the port authority also has to create and develop an incident response to plan in case of emergency. The port authority also has to obtain the education standard set by the contracting government and also establish a communication and information flow towards the ships entering the port via a ship security officer 73

BMJ Volume- 1, Issue- 1 ISSN 2519-5972 (SSO), through a port facility security officer (PFSO) and to the responsible government handling the ISPS Code related issues within the country.

a. Port facility Security Officer (PFSO). PFSO is Government appointed an officer responsible for implementing Port Facility Security Plan (PFSP) and to derive security levels for port and vessel berthing at their jetty. He is responsible for conducting the port facility security assessment. The port facility security assessment (PFSA) is cardinal and integral part of the processing of developing and modifying the port facility security plan of any country fall with the ISPS Code. The Port facility Security assessment and plan accumulate the international requirements in the ISPS code and local national authorities. Suck kind of security plan is important for Bangladesh right now since the transhipment facilities are given to India. It includes the plans and action to be taken at different security levels. Roles and responsibilities are included in PFSP. Action to be taken at the time of any security breach is described in PFSP. So, we can say it may be an excellent guideline for our PFSP of Chittagong Port, Mongla Port and Payra Port of Bangladesh.

b. Security Equipment & Implementing Security Level. Minimum security equipment like scanner and metal detector etc must be available at all time with the port facility to avoid any breach of security inside the port. Security levels are implemented by a port authority under the consult of local government authority. The security level adopted for the port facility must be informed of vessel administration for cooperative measures.

a. Qualified crew members according to the ISPS Code. According to Part B 13.1 the ISPS Code requires SSO to have knowledge and receive training in some or all of the following, security administration, relevant international conventions, codes and recommendations, relevant government legislation and regulations, responsibilities and functions of other security organizations, methodology of Singular spectrum analysis (SSA); methods of Ship Security Surveys and inspections, ship and port operations conditions, ship and port facility security measures, emergency preparedness and response and contingency planning, instruction techniques for security training and education, including security measures and procedures, handling sensitive security- related information and security related communications, knowledge of current security threats and patterns, recognition and detection of weapons, dangerous substances and devices, recognition, on a non- discriminatory basis, of characteristics and behavioral patterns of persons 74

BMJ Volume- 1, Issue- 1 ISSN 2519-5972 who are likely to threaten security, techniques used to circumvent security measures, security equipment and systems and their operational limitations, methods of conducting audits, inspection, control and monitoring, methods of physical searches and non-intrusive inspections, security drills and exercises, including drills and exercises with the port facilities and assessment of security drills and exercises.

Responsibility of shipping company

The shipping company has to obtain an International Ship Security Certificate in respect of each vessel it operates and ensure that it is available onboard the vessel for inspection at all times. Shipping companies also have the moral and commercial responsibility for maritime security within their company which is difficult to regulate and measure through the ISPS Code. Throughout the Code, the shipping industry also has the freedom to interpret maritime security on an ad hoc basis as long as they apply to the minimum maritime security level, set by the contracting government flying their flag. The following measures are required to be taken according to the ISPS Code:

a. Company Security Officer (CSO). CSO is a company appointed person who is responsible for the ship security assessment and for the onboard survey to confirm the development and implementation of ship security plan as per ISPS code. If any deficiency occurs, CSO is responsible for dealing with all the non-conformities and to modify SSP as per the deficiency.

b. Ship Security Plan (SSP). It is a plan kept on board vessel mentioning the duty of crew members at different security levels and the dos and don’ts at a different type of security threats. SSO is responsible under CSO for implementing ship security plan onboard vessel.

The main responsibilities of ship security officer (SSO) is taking into account various security measures related to the handling of cargo, engine room operations, ship’s store; coordinate with shipboard personnel and port authorities to carry out all ship operations with utmost security; and ensuring that the ship security equipment is properly operated, tested, calibrated, and maintained

c. Ship Security Officer (SSO). A Ship Security Officer (SSO) has several obligations and responsibility for his a ship under ISPS Code. SSO is the in charge of security of the vessel on board and responsible for the other entire crew member to carry out duties for ship security as per 75

BMJ Volume- 1, Issue- 1 ISSN 2519-5972 ISPS code. SSO is responsible for carrying out frequent drills for ISPS Code as per Ship Security Plan. Ship Security Officer has to work, keeping a relation with Company Security Officer (CSO) and the Port Facility Security Officer (PFCO).

b. Ship Security Alert System (SSAS). The ship security alert system (SSAS) allows transmission of a silent security alert to a flag state authority when the security of the ship is under threat or has been compromised. According to the international requirements regarding the security of ships and of port facilities (SOLAS XI-2, regulation 6) ships must be provided with as SSAS. Different types of security equipment are kept on board which includes a metal detector for checking the person entering the vessel. From July 2004, most of the ship has installed Ship Security Alert System (SSAS) as per ISPS norms which do not sound on the ship but alarms the shore authority about the security threat.

e. Continuous synopsis record. The Continuous Synopsis Record (CSR) is referred in SOLAS-Chapter XI-1. It is a special measure under Safety of life at Sea (SOLAS) for enhancing the maritime security at the sea. According to SOLAS chapter-I, all passenger and cargo ships of 500 gross tonnages and above must have a continuous synopsis record on the board. The continuous synopsis record is a procedure in the onboard record of the history of the ship with respect to the information recorded therein.

ISPS Code for Vessels

a. Long-Range Identification and Tracking (LRIT)

In May 2006 the International Maritime Organization (IMO) Maritime Safety Committee (MSC) adopted new regulations setting performance standards and functional requirements for the installation of LRIT systems aboard ships of 300 gross tonnes and larger.

Recent date is not available, however, by the end of 2009, required to transmit the ship's identity, location, and date and time of the position of the ship’s flag state administration, to coastal states the ship is operating near, or in the port state to which the ship is destined. On December 21, 2007, The Council provided comments on the U.S Coast Guard proposed rulemaking for Long Range Identification and Tracking of Ships.

BMJ Volume- 1, Issue- 1 ISSN 2519-5972

Figure: 1 LRIT System Architecture.

b. Automatic Identification System (AIS) AIS is a maritime navigation safety communications system that was adopted by the International Maritime Organization (IMO) and that provides vessel information, including the vessel's identity, type, position, course, speed, navigational status and other safety-related information automatically to other ships and shore stations.

c. Ship and Port Security in Bangladesh

According to the official website of Chittagong Port, since adopting ISPS code security situation has improved notably and our security actions have been remarked exemplary by watchdogs. Security drill being conducted bi-monthly with the active participation of CPA and Security Agencies. Over 1800 participants from CPA and her stakeholders trained with different modular ISPS course including IMO standard training abroad.

Port Security Advisory Committee (PSC) of Chittagong comprises of members from Navy, Coastguards, Police, Intelligence, Mercantile Marine Department, Customs, Workers Union, Port Users, PFSOs of port facility organizations and Security Managers of Off Docks. ISPS Monitoring Cell is stringent in taking any security measure to render anchorage and Channel of Chittagong Port as a safe haven for maritime traffic. 77

BMJ Volume- 1, Issue- 1 ISSN 2519-5972 Bangladesh navy, Coast Guard and CPA security force carry out 24 hr patrols in maritime limit and territorial sea.

In the year 2002, Bangladesh Shipping Corporation achieved the Document of Compliance (DOC) and the Safety Management Certificate (SMC) for all vessels for the first time under the International Safety Management (ISM) Code. During 2006-07 all these certificates got matured after completion of the five years certificate validity time. As such renewal audits under ISM Code have already been completed for BSC Head Office and for vessels in the fleet and fresh certificates have been issued by the Germanischer Lloyd Head Quarter in Hamburg. Furthermore, the Intermediate External Audits under ISPS Code have also been carried out onboard those vessels by GL.

Recommendations for implementing ISPS Code

a. Establishment of Coordinating Body. establishments of an international framework that fosters cooperation between 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, so as to implement preventive security measures against such threats.

b. Updating security system. The concerned authority has to determine the particular parts and duties of all gatherings worried with protecting sea security in ports and on board sends, at the national, territorial and global levels. It needs to guarantee that there are early and proficient resemblance and trade of oceanic security-related data, at national, provincial and global levels.

c. Initiation of Security Assessment system. A system should be set up to provide a methodology for ship and port security assessments, which facilitates the development of ship, company and port facility security plans and procedures, which must be utilized to respond to ships' or ports' varying security levels to ensure that adequate and proportionate maritime security measures are in place on board ships and in ports.

d. Improving monitoring system. A special monitoring system should be adopted to control the access of unauthorized person on board and inside any port to detect the different security threats on board vessel and in port and implement measure as per the situation. Monitoring cell should include process to collect data from all over the world concerning 78

BMJ Volume- 1, Issue- 1 ISSN 2519-5972 security threats and results to tackle the same. However, in some cases after the implementation of the new maritime security regime the ISPS Code, there have been major difficulties for seafarers to exercise their rights to have a proper social life while sailing at sea to go ashore.

The contracting government has the responsibility to supervise the authority within the country so the seafarers are treated as professional mariners doing their jobs in the supply chain of maritime transport and not be seen as potential threats to maritime security.

Conclusion

Basically, ISPS Code may be called a booster for developing the security of port service to the shipping industry in order to assure the excellence maritime transportation of export and import around the world. Different provisions of ISPS Code provide a great direction to the government and the stakeholder of this sector to enhance their security measures. And the government of every maritime State is required to implement ISPS Code and Bangladesh is not free from this responsibility. The aim of ISPS Code is to develop the relationship among the port users for the security reasons. According to the official website of Chittagong Port and other sources at present some measures have already taken pursuant to ISPS Code. If Bangladesh can provide secure port service in the maritime sector then the seven sisters of India, Bhutan, Nepal and China may officially opine to utilise such facilities which will definitely contribute to GDP of Bangladesh. And it will be helpful for Bangladesh to explore this booming sector by keeping a foot step into the blue economic world. So, Government of Bangladesh should pay due concentration on ISPS Code and its implementation where it has applicability. Finally, ISPS code will work as a shield against any extremism effort. It is a corollary of security affairs of a port where the government needs to co-operate with the neighbouring countries.

References

Hartmunt Hesse, (2006). Maritime Security in a Multilateral Context. IMO Activities to Enhance Maritime Security: The international journal of marine and costal law, IMO, London, UK. Achille Lauro Hijacking." Https://en.wikipedia.org. Accessed October 9, 2016. https://en.wikipedia.org/wiki/Achille_Lauro_hijacking.