ISPS Code

Advisory and certification services

1. Who will pay for port delays if these occur because of security clearance of the crew?

Undue delays may be compensated under the provisions of SOLAS XI-2/9.

2. Does Lloyd's Register issue standard ship security plans that could be tailored to individual ships?

As with the ISM Code, the ISPS Code is not prescriptive. Each SSP must be individual to suit the company, the ship and the conditions under which it is trading. Lloyd's Register provides training for all levels of company staff and the ISPS Ship Practical Pack to provide a framework to assist clients. Lloyd's Register Mariner, our risk assessment software, may be used to aid the development of SSPs.

3. Does Lloyd's Register co-operate with consultants and validate their work?

Lloyd's Register will not be involved with any form of consultancy where we will be involved in the approval and certification process. We will consider consultancy in cases where we have not been delegated as an RSO by the flag Administration of the ship and we will not be providing certification services to the ISM Code. Advisory services will be provided through training and the ISPS Ship Practical Pack. Validation of other consultants work will be through the statutory verification process.

4. What about carrying weapons on board ships?

The ISPS Code itself mandates no security hardware other than the Ship Security Alert System (SSAS). The decision to carry weapons is that of the company based on the security assessment and not a requirement of the Code. The carrying of weapons however may generate other problems with port authorities.

5. Who may be the security officer on board the ship and will there be one for the company ashore?

The ISPS Code does not specify who shall be nominated the ship security officer (SSO) or the company security officer (CSO). As with the ISM Code, such nominations should take into consideration existing workloads, aptitude and suitability for the job, and the appropriate training should be provided. Many companies are appointing the current ISM DPA as the CSO and the master or chief officer onboard to act as the SSO

6. Will company shore-based operations need any preparation or training?

Yes. The CSO is required to have the knowledge to carry out the duties and responsibilities listed in ISPS Code A/11. This is best gained through attendance at a CSO Course such as that provided by Lloyds Register. Whilst there is no office audit for the ISPS Code, the effectiveness of implementation of the security management system on the ship will be influenced by the level of familiarity of office staff with the requirements.

7. Does Lloyd's Register have the resources locally and globally to offer security certification services and what will be the costs?

Lloyds Register has more than 200 security auditors in more than 120 ports world wide. This wide geographical spread minimises the cost of certification by reducing the travel time to ships. Costs of carrying out an audit are similar to those of ISM; a quotation can be obtained from any Lloyds Register office.

8. Is port state control involved in the ISPS Code?

Yes, port state control authority is defined within SOLAS. To date the profile of the PSCO with regard to security has been relatively low. Considering the global security situation, it can be expected to be increased with emphasis being put on access controls and restricted areas.

9. What happens if the crew is of a nationality that is not welcomed at the port of arrival? How will IMO protect against race discrimination?

This question has been to the forefront during 2005. Contracting governments cannot discriminate on race alone. There must be compelling need for such action and this will be decided on a case-by-case basis. However, the requirements of the immigration departments of individual governments are beyond the influence of IMO.

10. What additional equipment, alarms, monitors, video recorders, locks, etc., need to be included in the specification for new construction?

SOLAS Chapter V has amended the requirement for the fitting of AIS; Chapter XI-2 requires the fitting of a ship security alert system (SSAS). Other hardware may well be required to meet the requirements of the ISPS Code. The need for any such equipment will be identified when the Ship Security Assessment is carried out. Security hardware is supplied to provide an effective control against an identified risk.

11. Is Part B of the ISPS Code Mandatory?

It was never intended by IMO that Part B of the Code would be mandatory and, indeed, that is why it was given the title of Guidance.

The US raised the issue when, following the adoption of the Code at the IMO Diplomatic Conference in December 2002, they declared that compliance with Part B would be mandatory for US flag ships and all foreign flag ships visiting the US. In addition, they attempted to get MSC to adopt an amendment to the ISSC template which would indicate whether the SSP was so compliant.

This was defeated at MSC 77 in May 2003 and was recorded in MSC/Circ.1097 (paragraphs 8 and 9), which clearly states that Part B is recommendatory. It further states, referring to Part A 9.4, that Part B should be taken into account. It specifically states that an ISSC would not be issued unless paragraphs 8.1 to 13.8 of Part B of the ISPS Code had been taken into account.

The IACS Working Group responsible for the applicable IACS procedures on maritime security pursued the USCG as to how this wording could be best represented on ISPS paperwork onboard the ship so as to satisfy USCG boarding officers.

It was subsequently agreed with the USCG, that the Plan Approval Letter issued to indicate that the SSP complied with SOLAS Chapter XI-2 and Part A of the Code would include the following words: In the development of the SSP, in accordance with the ISPS Code A/9.4, the provisions of ISPS Code B/8.1 to 13.8 have been duly taken into account and applied as appropriate for the ship.

The inclusion of this wording on the Security Plan Approval Letter has been included in the training of USCG officers and they will request to see it on boarding.

We have no knowledge of any additional flag requirement for any additional documentation to be placed on board relevant to Part B. Indeed, to say that the ship complies FULLY with Part B would be inappropriate, as Part B contains some requirements which are ship-type specific.