FAQs - International Ship and Port Facility Security (ISPS) Codes

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ISPS Code

• Q: What is the ISPS code?
   
  • A: The International Maritime Organization (IMO) requires all ships to comply with the International Ship and Port Security Code (ISPS) as a measure to enhance maritime security. The ISPS code established standards for security, roles and responsibilities, methodology for assessing security and requires that certified security plans for both ships and facilities are in place.The US Coast Guard will adhere to the ISPS through the enforcement of the Maritime Transportation Security Act (MTSA).
    
    For additional information about ISPS code, please visit IMO's website: http://www.imo.org/Newsroom/mainframe.asp?topic_id=583&doc_id=2689 .
     

ISPS Enforcement Date

• Q: Are all of MOL's vessels calling the U.S. ISPS compliant?
   
  • A: Yes. All MOL vessels calling at U.S. ports received ISPS certification prior to the July 1, 2004 commencement date.
     
• Q: Will the ISPS Code requirements, which take effect on July 1, 2004, apply to complete vessel voyages that commenced prior to July 1 date or to complete voyages that commence on or after July 1?
   
  • A: The ISPS Code requirements take effect for all vessels subject to IMO's Saftey of Life at Sea (SOLAS) and the US Coast Guard's MTSA regulations on July 1, 2004. This means, for example, that vessels calling non-compliant foreign port facilities prior to July 1 may choose--but would not be required--to implement and document the Coast Guard's recommended additional security measures to facilitate entry to the United States. If the same foreign vessel then called at a non-compliant foreign port facility on July 1, the vessel would be expected to implement and document the recommended additional security measures to facilitate entry to the United States.
     
• Q: Will the US Coast Guard board all U.S. bound commercial vessels on or after July 1, 2004 to ensure compliance with the ISPS Code?
   
  • A: Yes. The Coast Guard has acquired and trained over 500 additional Port State Control Officers and has stated that the agency will board every U.S. bound commercial vessel at least once within a 12 month period to ensure the vessel is ISPS certified and operating in accordance with the Code. Vessels that are not ISPS certified will be denied entry. Vessels that have not properly implemented the ISPS Code requirements on the vessel may be denied entry, detained until the discrepancy is corrected, or expelled from the United States.
     

Non-Compliant Vessels and/or Foreign Port Facilities

• Q: What are the consequences if a vessel is not ISPS certified?
   
  • A: The US Coast Guard has remained steadfast in its comments that vessels that do not possess the ISPS certification effective July 1, 2004 will be subject to detention, delay, restriction of operations, expulsion and denial of entry.
     
• Q: How and when will the maritime industry know which port facilities are ISPS compliant and which are not?
   
  • A: In accordance with the ISPS Code and SOLAS amendments, all IMO contracting governments are required to provide to IMO, by July 1, 2004, a list of all ISPS compliant port facilities. The IMO will then make these lists available to all other IMO contracting governments and to the public via the IMO website. It remains unclear how long it will take the IMO to perform these tasks.
    
    The US Coast Guard has indicated that it will then use the IMO "white list" of compliant port facilities list to create a "black list" of all non-ISPS compliant ports/port facilities worldwide. This list would then be circulated to the maritime industry via a Port Security Advisory. The Council will forward this Advisory to Member companies when it becomes available.
    
    Foreign vessels calling these non-compliant port facilities prior to calling the US will need to implement the following four additional security measures to facilitate entry to the US:
    
    - Set a higher MARSEC level (for the ship)
    -  Execute a Declaration of Security (with the non-compliant facility)
    - Log all security actions in the ship's logs; and
    - Report the actions taken, either within the Notice of Arrival (NOA) or directly to the cognizant Captain of the Port (COTP) for the US port of arrival.
     
• Q: How will port facilities in non-IMO/non-SOLAS countries, such as Taiwan, be addressed?
   
  • A: The U.S. government has requested that all non-IMO/non-SOLAS countries that wish to trade with the United States fully implement the applicable requirements of ISPS Code Part A, taking into account the relevant provisions of Part B of the Code, and report compliance to the Coast Guard by July 1, 2004. The Coast Guard will deem countries that fail to report ISPS compliance to the Coast Guard by July 1, 2004 to be non-compliant. Foreign vessels seeking entry to the U.S. after calling a non-compliant country should implement the additional security actions described directly above.
     
• Q: How will cargo that is transshipped through a non-compliant foreign port facility or carried aboard a non-ISPS certified (or non-SOLAS) feeder vessel be handled?
   
  • A: The US Coast Guard and US Customs have indicated that they will not be factoring the ISPS compliance of transshipment ports and feeder vessels into their security risk assessments for U.S. destination vessels and cargo.
     

Facilitating Entry to the United States for ISPS Compliant Vessels

• Q: What should an ISPS compliant foreign vessel do to facilitate entry to the Unites States after calling at a non-compliant foreign port facility?
   
  • A: As outlined in Appendix B to Enclosure 4 of the Coast Guard Navigation and Vessel Inspection Circular (NVIC) 06-03, Change 1, The Coast Guard recommends that vessels implement the following security measures when calling at a non-compliant port facility in order to facilitate entry to the United States:
    
    - Set a higher MARSEC level (for the ship)
    - Execute a Declaration of Security (with the non-compliant facility)
    - Log all security actions in the ship's logs; and
    - Report the actions taken, either within the Notice of Arrival (NOA) or directly to the cognizant Captain of the Port (COTP) for the US port of arrival.
    
    Depending on the results of specific foreign port assessments completed under the Coast Guard's International Port Security Program, the agency may also publish Port Security Advisories detailing additional security actions that vessels should take when calling specific non-compliant and/or high-risk foreign port facilities identified in such Port Security Advisories.
     

Reporting Security Actions to the Coast Guard

• Q: How does the vessel report security actions taken in a non-compliant foreign port to the Coast Guard, as recommended above?
   
  • A: The Coast Guard indicated that it would expect the security actions taken by the vessel while calling at a non-compliant foreign port facility to be reported in the Notice of Arrival (NOA) filing which is submitted to the Coast Guard 96 hours prior to arrival to the first US port. Actions taken may also be reported directly to the cognizant COTP (presumably via the Coast Guard Port State Control Officer) upon arrival. In the interest of notifying the Coast Guard as early as possible prior to arrival to the U.S. so as to enable the agency to make an early port state enforcement determination, reporting security actions taken via the NOA would seem to be the best approach.
     

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