Codigo Isps
Codigo Isps
Codigo Isps
The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set
of measures to enhance the security of ships and port facilities, developed in response to
the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the
United States.
The ISPS Code is implemented through chapter XI-2 Special measures to enhance
maritime security in the International Convention for the Safety of Life at Sea (SOLAS).
The Code has two parts, one mandatory and one recommendatory.
In essence, the Code takes the approach that ensuring the security of ships and port
facilities is a risk management activity and that, to determine what security measures are
appropriate, an assessment of the risks must be made in each particular case.
The purpose of the Code is to provide a standardised, consistent framework for evaluating
risk, enabling Governments to offset changes in threat with changes in vulnerability for
ships and port facilities through determination of appropriate security levels and
corresponding security measures.
Who has to comply with the ISPS Code?
The ISPS Code is part of SOLAS so compliance is mandatory for the 148 Contracting
Parties to SOLAS - see Status of Conventions complete list for list of SOLAS Contracting
Governments.
Is there a black list of countries not in compliance with the ISPS code?
No. IMO does not issue a "black list" of any kind. There is no IMO list of ports or flag
States which are not in compliance.
The ISPS Code database contains the information required by SOLAS regulation XI-2/13
as supplied by Contracting Governments. Lack of inclusion in the database should not be
construed automatically as failure to comply with the requirements in SOLAS.
Are all IMO Member States obliged to comply with the ISPS Code?
No. Only States who are Contracting Governments to SOLAS have a legal obligation to
comply with the requirements of the ISPS Code and to submit information to IMO.
What are the different security levels referred to in the ISPS Code?
Security level 1: normal, the level at which the ship or port facility normally operates.
Security level 1 means the level for which minimum appropriate protective security
measures shall be maintained at all times.
Security level 2: heightened, the level applying for as long as there is a heightened risk of
a security incident.
Security level 2 means the level for which appropriate additional protective security
measures shall be maintained for a period of time as a result of heightened risk of a
security incident.
Security level 3: exceptional, the level applying for the period of time when there is the
probable or imminent risk of a security incident.
Security level 3 means the level for which further specific protective security measures
shall be maintained for a limited period of time when a security incident is probable or
imminent, although it may not be possible to identify the specific target.
Setting security level 3 should be an exceptional measure applying only when there is
credible information that a security incident is probable or imminent. Security level 3
should only be set for the duration of the identified security threat or actual security
incident. While the security levels may change from security level 1, through security level
2 to security level 3, it is also possible that the security levels will change directly from
security level 1 to security level 3.
Where can I get a copy of the ISPS Code?
You can purchase the ISPS Code from IMO Publications.
What are the other measures adopted in addition to the ISPS Code?
The measures adopted in 2002 include:
Modifications to SOLAS Chapter V (Safety of Navigation) contain a new timetable for the
fitting of Automatic Information Systems (AIS). Ships, other than passenger ships and
tankers, of 300 gross tonnage and upwards but less than 50,000 gross tonnage, will be
required to fit AIS not later than the first safety equipment survey after 1 July 2004 or by
31 December 2004, whichever occurs earlier. Ships fitted with AIS shall maintain AIS in
operation at all times "except where international agreements, rules or standards provide
for the protection of navigational information."
The existing SOLAS Chapter XI (Special measures to enhance maritime safety) has been
re-numbered as Chapter XI-1. Regulation XI-1/3 is modified to require ships'
identification numbers to be permanently marked in a visible place either on the ship's
hull or superstructure. Passenger ships should carry the marking on a horizontal surface
visible from the air. Ships should also be marked with their ID numbers internally.
A new regulation XI-1/5 requires ships to be issued with a Continuous Synopsis Record
(CSR) which is intended to provide an on-board record of the history of the ship. The CSR
shall be issued by the Administration and shall contain information such as the name of
the ship and of the State whose flag the ship is entitled to fly, the date on which the ship
was registered with that State, the ship's identification number, the port at which the ship
is registered and the name of the registered owner(s) and their registered address. Any
changes shall be recorded in the CSR so as to provide updated and current information
together with the history of the changes.
New Chapter XI-2 (Special measures to enhance maritime security)
A new Chapter XI-2 (Special measures to enhance maritime security) is added after the
renumbered Chapter XI-1.
This chapter applies to passenger ships and cargo ships of 500 gross tonnage and
upwards, including high speed craft, mobile offshore drilling units and port facilities
serving such ships engaged on international voyages.
Regulation XI-2/2 of the new chapter enshrines the International Ship and Port Facilities
Security Code (ISPS Code). Part A of this Code is mandatory and part B contains
guidance as to how best to comply with the mandatory requirements.
Regulation XI-2/3 requires Administrations to set security levels and ensure the provision
of security level information to ships entitled to fly their flag. Prior to entering a port, or
whilst in a port, within the territory of a Contracting Government, a ship shall comply
with the requirements for the security level set by that Contracting Government, if that
security level is higher than the security level set by the Administration for that ship.
Regulation XI-2/8 confirms the role of the Master in exercising his professional judgement
over decisions necessary to maintain the security of the ship. It says he shall not be
constrained by the Company, the charterer or any other person in this respect.
Regulation XI-2/6 requires all ships to be provided with a ship security alert system,
according to a strict timetable that will see most vessels fitted by 2004 and the remainder
by 2006. When activated the ship security alert system shall initiate and transmit a shipto-shore security alert to a competent authority designated by the Administration,
identifying the ship, its location and indicating that the security of the ship is under
threat or it has been compromised. The system will not raise any alarm on-board the
ship. The ship security alert system shall be capable of being activated from the
navigation bridge and in at least one other location.
Regulation XI-2/10 covers requirements for port facilities, providing among other things
for Contracting Governments to ensure that port facility security assessments are carried
out and that port facility security plans are developed, implemented and reviewed in
accordance with the ISPS Code.
Other regulations in this chapter cover the provision of information to IMO, the control of
ships in port (including measures such as the delay, detention, restriction of operations
including movement within the port, or expulsion of a ship from port), and the specific
responsibility of Companies
What are the latest data/information on the implementation of the requirements of
SOLAS chapter XI-2 and the ISPS Code?
Please see the latest ISPS Code status update.
Please see also the ISPS Code Database.
measures.
The point is that there is a very real threat. We have already seen attacks on maritime
infrastructures elsewhere (such as Yemen and Iraq).
The whole idea of the ISPS Code is to reduce the vulnerability of the industry to attack,
thus countering the threat and reducing the risk.
There are potential commercial benefits to the maritime industry in implementing the
Code. It seems clear that, in the long run, implementation of the Code should provide
considerable cost-benefit for the port industry as a whole and for individual ports. By
putting in place an effective and compliant security regime, ports will be able to continue
to participate fully in global trade and, of course, the potential economic consequences of
a major security breach, which might result in disruption or even port closure, are
serious indeed.
What does implementing the ISPS Code involve?
Ship and port facility security is a risk management activity. As with all risk management
efforts, the most effective course of action is to eliminate the source of the threat.
Eliminating the source of the threat, which in this case is those that would commit acts
of terrorism or otherwise threaten the security of ships or of the port facilities, is
essentially a Government function. 100% security is an aim but cannot be guaranteed hence the risk reduction approach to lessen possibilities to the lowest practicable
In order to determine what security measures are appropriate, Governments must assess
the threat and evaluate the risk of a potential unlawful act. The ISPS Code provides a
standardized, consistent framework for managing risk and permitting the meaningful
exchange and evaluation of information between Contracting Governments, companies,
port facilities, and ships.
Because each ship and each port facility is subject to different threats, the method by
which they will meet the specific requirements of this ISPS Code will be determined and
eventually be approved by the Administration or Contracting Government, as the case
may be.
In order to communicate the threat at a port facility or for a ship and to initiate the
appropriate response actions the Contracting Government must set the appropriate
security level. The security level creates a link between the ship and the port facility, since
it triggers the implementation of appropriate security measures for the ship and for the
port facility.
As threat increases, the only logical counteraction is to reduce vulnerability. This ISPS
Code provides several ways to reduce vulnerabilities. Each ship and each port facility will
have to determine the measures needed to intensify its security measures to appropriately
offset the threat by reducing its vulnerability.
After 1 July 2004 ships and port facilities will be required to demonstrate that they are
implementing proper and standardized risk management procedures.
Will the new security measures be effective?
It has to be remembered that the new security requirements are part of a wider United
Nations strategy for combating terrorism and should not be seen in isolation.
As with all other aspects of shipping regulated through multilateral treaty instruments
the effectiveness of the agreed requirements is dependant on how the relevant provisions
are implemented and enforced. Thus, the matter is in the hands of Governments and the
industry. If the special measures to enhance maritime security are implemented and
enforced effectively we will be successful in protecting ships and ports facilities from
unlawful acts.
It may take some time before someone may be able to argue and convince that a deep
rooted comprehensive and effective security net is in place. Although a ship or a port
facility may operate in accordance with an approved security plan, unless all Contracting
Governments put in place and maintain the necessary arrangements to address all the
objectives and the functional requirements of the ISPS Code, the actual level of security
will not be enhanced.
The ISPS Code requires Governments to gather and assess information with respect to
security threats and exchange such information with other Contracting Governments.
Shipboard and port facility personnel need to be aware of security threats and needs to
report security concerns to the appropriate authorities for their assessment.
Governments need to communicate security related information to ships and port
facilities. Therefore, in effect we are talking about establishing an entirely new culture
amongst those involved in the day-to-day running of the shipping and port industry.
What would happen to ships if they do not comply with the ISPS Code requirements
and if they do not have the Certificate?
Those ships, which do not comply with the aforesaid requirements, should not be issued
with International Ship Security Certificates (or after the 1 July 2004, if they qualify, with
an Interim International Ship Security Certificate).
In the strict legal sense and bearing in mind that we are talking about security, all
Contracting Governments should direct those ships flying their flag and which are
required to comply with the requirements of chapter XI-2 and the ISPS Code and which
have not been issued with the required certificate by the 1 July 2004 to immediately
discontinue operations until they have been issued with the required certificate.
A ship, which is required to comply with the requirements of chapter XI-2 and the ISPS
Code, is subject to control and compliance measures when in a port of another
Contracting Government by officers duly authorised by that Government. IMO has issued
MSC/Circ.1111 Guidance relating to the implementation of SOLAS chapter XI-2 and the
ISPS Code
This circular includes:
ANNEX 1 GUIDANCE RELATING TO THE IMPLEMENTATION OF SOLAS CHAPTER XI-2
AND THE ISPS CODE
ANNEX 2 RESOLUTION MSC.159(78) INTERIM GUIDANCE ON CONTROL AND
COMPLIANCE MEASURES TO ENHANCE MARITIME SECURITY
In simple terms, if a ship does not have a valid certificate that ship may be detained in
port until it gets a certificate. Of course, the port State has various other options available
at its disposal if a ship does not have a certificate. It may expel the ship from port, it may
refuse the entry of the ship into port, it may curtail the operations of the ship. In effect
the measures which are in place have been designed in such a way to ensure that those
ships which do not have certificates find themselves out of the market in the shortest
possible time.
The consequences of either initially failing to comply or of failing to maintain continuous
compliance with IMO's special measures to enhance maritime security will be serious and
far reaching. It should come as no surprise if, after July 1st, we see Governments
exercising, in the interest of their own national security and in order to protect the
business operations of their ports and thus their trade, the rights laid down within the
framework of the control and compliance measures established in chapter XI-2 and the
ISPS Code. Hence, Governments may refuse entry into their ports to those ships which
have failed to comply with the ISPS Code. In addition and for the same reasons, ships
which call at port facilities which have failed to comply with the ISPS Code, although they
may hold a valid International Ship Security Certificate, may be faced with additional
security requirements at subsequent ports of call, leading to delays and possibly denial of
port entry.
With such possible scenarios looming on the horizon, owners and charterers may decide
to instruct ships not to proceed to port facilities which have not complied with the
requirements of the ISPS Code, primarily because of the problems such ships may
encounter at subsequent ports of call. While failure to ensure compliance may have
catastrophic consequences on human life and the environment, it will also damage the
commercial interests of the countries concerned, will have harmful repercussions on
international trade and will negatively impact the world economy.
should document them. When asked at any subsequent port of call, the master of the
ship should presented the record it has kept on the matter for the consideration of the
relevant authorities.
Of course in all cases the ship is subject to control and compliance measures at
subsequent ports of call and what might happened to a ship is dependant on the attitude
the particular Government might take on the matter depending on the merits of each
case. This may range from a requirement for inspection prior to entry into port to an
outright refusal of entry into port.
See also MSC/Circ.1111 Guidance relating to the implementation of SOLAS chapter XI-2
and the ISPS Code
This circular includes:
ANNEX 1 GUIDANCE RELATING TO THE IMPLEMENTATION OF SOLAS CHAPTER XI-2
AND THE ISPS CODE
ANNEX 2 RESOLUTION MSC.159(78) INTERIM GUIDANCE ON CONTROL AND
COMPLIANCE MEASURES TO ENHANCE MARITIME SECURITY
How can I find out if a ship or port is compliant?
A ship that is compliant should have an International Ship Security Certificate (ISSC).
The "ISPS Code Database", which forms an integral part of the Organization's Global
Integrated Shipping Information System (GISIS), contains the information required by
SOLAS regulation XI-2/13 as supplied by Contracting Governments, including national
maritime security contact points. The ISPS Code database has a section listing ports
including whether or not they have an approved port facility security plan (PFSP).
What are major security concerns and potential threats? Are they real or
imaginary?
The threat of terrorist acts against the shipping and port industry are real and not
imaginary. It is for these reasons the Assembly of IMO, in November 2001, decided that
the Organization should review measures and procedures to prevent acts of terrorism
which threaten the security of passengers and crew and the safety of ships. It is also
obvious that the Contracting Governments to the 1974 SOLAS Convention, when they
adopted the special measures to enhance maritime security in December 2002, were well
aware of potential threats.
Chapter XI-2 and the ISPS Code provide a methodology of addressing security threats and
managing potential risks which ships and ports involved in the international trade may
face. IMO is of the view they are adequate to protect the shipping and the port industry if
implemented and enforced wisely and effectively in conjunction with the wider United
Nations counter terrorism strategy. Ships engaged on domestic voyages and ports which
serve such ships need to be addressed by each Government individually and each
Government needs to put in place appropriate security measures and procedures to this
end based their assessment of the security threats.
Security threats change from day-to-day. Governments need to monitor changes and to
offset them, as they occur, by communicating appropriate information and guidance to
ships and port facilities. Security is not a static issue and requires continuous awareness,
vigilance and prompt response.
The IMO has provided a methodology in addressing the matter by introducing a global
minimum standard. Individual Governments can use these as a basis for expansion as
appropriate.
What additional/specific security measures and actions would be required at
local/regional level to further raise the defence against threats?
All appropriate measures should be taken in accordance with the perceived local needs.
Some examples might include regular and intensive patrolling at the local level in
identified vulnerable sea/port areas. In addition, joint patrolling and exchange of real time
intelligence and threat perception among countries at a regional level would have a
meaningful impact in preventing incidents of piracy and armed robbery against ships.
For measures to be applied for container security, it is important to put in place the
necessary measures for shippers and container packers to secure the "real content" of
containers. This area is beyond the scope of IMO and necessary measures have been
under consideration at the World Customs Organization (WCO).
Will the new security measures imposed after 1 July 2004 will help reduce the piracy and
armed robbery incidents?
Logically it should be so. In the months leading up to the 1 July 2004 deadline of the
ISPS Code, there has been a reduction in the number of incidents reported to have
occurred during the first quarter of 2004. There could be a possible correlation between
the two but only a careful monitoring over a longer period would give a firm indication of
the long-term trend in this respect.
Chapter XI-2 includes a regulation addressing threats to ships at sea. This regulation
requires Governments to set security levels and ensure the provision of security level
information to ships operating in their territorial sea or having communicated an
intention to enter their territorial sea.
Where a risk of attack has been identified, the Government concerned shall advise the
ships concerned and their flag State of the current security level; of any security
measures that should be put in place by the ships concerned to protect themselves from
attack; and of the security measures that the coastal State has decided to put in place.
Thus, at least the international framework has been put in place to address the matter.
Now is up to Governments to implement it.
What are the security concerns and potential threats to oil tankers navigating in
narrow straits?
IMO Secretary-General Mr. Efthimios Mitropoulos has stressed the importance of
ensuring that strategically important international shipping lanes are protected from the
threat of terrorism and remain open for trade at all times and has emphasized the need to
ensure that shipping lanes, particularly those of strategic significance and importance,
are kept open under all circumstances.
Maritime security experts have identified a number of scenarios: loaded oil tankers could
well be hijacked and grounded at environmentally sensitive sea areas to cause pollution or
run aground intentionally in narrow channels to block navigation channels. In addition,
loaded oil tankers could be used as potential incendiary devices by terrorists near ports
and large anchorage areas.
SOLAS regulation XI-2/7 relating to threats to ships at sea requires littoral States to
advise the ships concerned and their flag State of the current security level; of any
security measures that should be put in place by the ships concerned to protect
themselves from attack; and of the security measures that the coastal State has decided
to put in place.
How will the code specifically affect ports and shipping in different regions of the
world?
The ISPS Code is applicable in the same way to all shipping nations - flag States and port
States - globally and universally. All 148 Parties to SOLAS must ensure their ships and
port facilities comply with the requirements.
Do these measures go far enough for port and shipping security?
The maritime security provisions of SOLAS chapter XI-2 and the ISPS Code are part of a
wider initiative to counter terrorism, including action by the Counter Terrorist Committee
of the UN Security Council through resolution 1373, co-operation with the WCO on
container security, joint initiatives with the ILO on port security and identification
documents etc.
It is better to have a tool that we can refine and improve over time, than nothing at all.
After all, those who would wish to spread terror, should they choose to launch an attack
against shipping, would surely look to strike where they detect the greatest weakness.
The Maritime Safety Committee and its subsidiary bodies are continuously working on
additional elements of and guidance for the mandatory requirements, i.e. Ship Security
Alert Systems (SSAs), long-range identification and tracking (LRIT) of ships, control and
compliance measures, training and certification of security officers, etc.
Who has to implement the ISPS Code?
It is for the SOLAS Contracting Governments to implement the measures - detailed
implementation of the Code is a matter for individual national governments.
We are all aware of the changing world around us and the threat to the maritime industry
as demonstrated by the attacks on maritime infrastructure which have taken place. We
cannot afford to be complacent.
The ISPS Code was adopted in December 2002 - but IMO had already initiated its regional
awareness seminars - seven regional seminars during 2002 - so the idea of security was
out there. Although all parties concerned knew that the time frame was very tight, the
industry and Governments had sufficient time to prepare. There is no leeway in SOLAS
for extensions of the deadline.
What penalties will there be on any Governments who do not ensure compliance
with the ISPS Code?
IMO will not impose any penalties - it is not within its remit to do so.
It is to be anticipated that market forces and economic factors will drive compliance.
But the consequences of either initially failing to comply or of failing to maintain
continuous compliance with IMO's special measures to enhance maritime security, could
be serious and far reaching.
What guidelines are there for dealing with ships/ports that are not compliant after
1 July 2004?
The Maritime Safety Committee (MSC) at its 78th session adopted Guidelines on Control
and Compliance Measures to Enhance Maritime Security - MSC/Circ.1111 Guidance
relating to the implementation of SOLAS chapter XI-2 and the ISPS Code includes:
ANNEX 1 GUIDANCE RELATING TO THE IMPLEMENTATION OF SOLAS CHAPTER XI-2
The definition of the SSO should be viewed in conjunction with SOLAS regulation XI-2/8
on "Master's discretion for ship safety and security", which makes it clear that the master
has ultimate responsibility for safety and security.
The phrase "accountable to the master" in the definition of SSO is intended to cover those
situations, for example on large passenger ships, where the SSO is not the master, by
reaffirming that the master has overall responsibility for security. There is implicitly no
intention of preventing the master from assuming the duties of SSO, as this would be
inconsistent with SOLAS regulation XI-2/8.
It is, of course, for the national Administrations to decide if they wish to impose particular
restrictions on who may serve as SSOs on ships flying their flag. This should, however,
not be imposed by national Administrations on ships not flying their flag through port
State control measures, since this is clearly the prerogative of the Contracting
Government of the flag State concerned.
What has IMO done to help developing countries implement the ISPS Code?
In 2002, IMO initiated a major programme under its Integrated Technical Co operation
Programme (ITCP) to assist developing countries to contribute to the global effort to
protect shipping from terrorist attacks. A sum of US$2,145,000 was set aside in the ITCP
for 2002-2003 with a further US$500,000 allocated in 2004-2005 to undertake the work
involved.
More than 60 regional and national seminars and workshops on maritime security,
together with a number of advisory and assessment missions, have already been
undertaken and more are planned. A Maritime Security Trust Fund has been established
and financial support and pledges from a number of Member Governments have been
received.
broadcast through AIS could be collected by pirates or terrorists. Because of this concern,
the last Assembly adopted resolution A 956(23) which allow ship masters to switch off the
AIS in specific areas where threat of attack by pirates or terrorists are imminent. IMO has
taken an action to cover this area of concern.
Should IMO should be worried about the implications of terrorists or criminals
using AIS derived information to target vessels?
IMO has taken an action to cover this area of concern, i.e. that operation of AIS in certain
sea areas would cause security concern because information broadcasted through AIS
could be collected by pirates or terrorists. Because of this concern, the last Assembly in
November 2003 adopted resolution A 956(23) Amendments to the Guidelines for the
onboard operational use of shipborne automatic identification systems (AIS) resolution
A.917(22) which allows ship masters to switch off the AIS in specific areas where threat of
attack by pirates or terrorists are imminent.
AIS is the broadcasting device and information will be made available for everyone without
any discrimination. That information will be available for the coast safety agencies and
authorities and could equally be available for ill-minded people. AIS itself is a tool used in
an information collection system and we can not prevent people misusing that
information.
However, AIS is also useful for monitoring the situation over any particular sea area by
the security authorities within the security system established by those security
authorities.
Concern over the security implication of the operation of AIS can only be overcome by
tightening the security control measures to be enforced by the coastal security
authorities.
When do ordinary container ships and ro/ros have to fit Ship Security Alert
Systems?
New container ships and new ro-ro cargo ships (i.e. container and ro-ro cargo ships
constructed on or after 1 July 2004) are required to comply with the requirements of
regulation XI-2/6 on ship security alert systems on the date they enter service.
Existing container ships and existing ro-ro cargo ships (i.e. container and ro-ro cargo
ships constructed before 1 July 2004) are considered, for the purpose of regulation XI2/6, as other cargo ships and are required to comply with the requirements for ship
security alert system not later than the first survey of their radio installation after 1 July
2006.
Passenger ships includes ro-ro passenger ships. Thus, new ro-ro passenger ships (i.e. ro-
ro passenger ships constructed on or after 1 July 2004) are required to comply with the
requirements of regulation XI-2/6 on ship security alert systems on the date they enter
service. Existing ro-ro passenger ships (i.e. ro-ro passenger ships constructed before 1
July 2004) are required to comply with the requirements for ship security alert system not
later than the first survey of their radio installation after 1 July 2004.
Regulation I/3(a)(vi) states that the present regulation (the term regulation is defined in
regulation I/2(a) as meaning the regulations contained in the annex to the 1974 SOLAS
Convention), unless expressly provided otherwise, do not apply to fishing vessels.
Regulation XI-2/2.1 indicates the classes of ships to which the special measures to
enhance maritime security apply and does not include fishing vessels. Thus, fishing
vessels, irrespective of their size, are not required to be provided with ship security alert
systems. However, nothing prohibits a State requiring the fishing vessels flying its flag to
be provided with ship security alert systems.
The Maritime Safety Committee has recognized that in a number of occasions certain
container ships may meet, in terms of speed, the definition of a high-speed craft. However,
such container ships should be treated as cargo ships and not a high-speed crafts falling
under the scope of the High Speed Craft Codes.
What is the current situation at WCO in relation to container security?
When adopting the amendments to the 1974 SOLAS Convention and the new ISPS Code
concerning special measures to enhance maritime security in 2002, the SOLAS
Conference, being aware of the competencies and work of the World Customs Organization
(WCO), also adopted a resolution (Conference resolution 9), which, inter-alia, invites the
WCO to consider, urgently, measures to enhance security throughout international
movements of closed cargo transport units (CTUs). In response to the call for action from
the Group of eight (G8) and IMO, the WCO adopted the Resolution on Supply Chain
Security and Trade Facilitation in 2002, which addresses a series of steps to protect the
international trade supply chain from acts of terrorism. Since the adoption of the
resolution, the WCO Task Force was established and developed a package of measures,
including:
an amended WCO data Model and a list of 27 essential data elements for identification of
high risk consignments;
Customs guidelines for Advance Cargo Information (ACI Guidelines) to enable the advance
(pre arrival) electronic transmission of customs data (Title of these guidelines has recently
been changed to "Integrated Supply Chain Management Guidelines" (ISCM Guidelines);
WCO High Level Guidelines for Co-operative Arrangements between Members and private
industry to increase supply chain security and facilitate the flow of international trade;
and
a new International Convention on Mutual Administrative Assistance in Customs Matters
The Seafarers' Identity Documents Convention (Revised), 2003 was adopted in June 2003
and it becomes effective as from 9 February 2005.
Qu es el Cdigo PBIP?
El Buques e Instalaciones Portuarias Cdigo de Seguridad (Cdigo PBIP) es un
conjunto integral de medidas para mejorar la seguridad de los buques y las
instalaciones portuarias, desarrollado en respuesta a las amenazas percibidas a
los buques y las instalaciones portuarias a raz de los ataques del 9/11 en los
Estados Unidos.
El Cdigo PBIP se implementa a travs del captulo XI-2 Medidas especiales para
incrementar la proteccin martima en el Convenio Internacional para la
Seguridad de la Vida Humana en el Mar (SOLAS). El Cdigo tiene dos partes, una
operaciones de la nave. En efecto las medidas que estn en marcha han sido
diseados de tal forma de asegurar que los buques que no tienen certificados se
encuentran fuera del mercado en el menor tiempo posible.
Las consecuencias de bien inicialmente no cumplir o de no poder mantener el
cumplimiento continuo con las medidas especiales de la OMI para mejorar la
seguridad martima sern graves y de largo alcance. No debera ser ninguna
sorpresa si, despus de 01 de julio, vemos a los gobiernos ejercer, en inters de
su propia seguridad nacional y con el fin de proteger a las operaciones
comerciales de sus puertos y por lo tanto su comercio, los derechos establecidos
en el marco de la medidas de control y cumplimiento establecidos en el captulo
XI-2 y el Cdigo PBIP. Por lo tanto, los gobiernos pueden denegar la entrada en
sus puertos a los buques que no hayan cumplido con el Cdigo PBIP. Adems, y
por las mismas razones, los buques que atracan en las instalaciones portuarias
que no han podido cumplir con el Cdigo PBIP, a pesar de que pueden tener un
certificado de proteccin del buque internacional vlida, puede ser enfrentado con
los requisitos adicionales de seguridad en los puertos siguientes del servicio,
dando lugar a retrasos y, posiblemente, la denegacin de la entrada del puerto.
Con este tipo de escenarios posibles que se avecina en el horizonte, los
propietarios y arrendatarios pueden decidir instruir a los buques no proceder a
las instalaciones portuarias que no hayan cumplido con los requisitos del Cdigo
PBIP, principalmente a causa de los problemas de estos buques pueden encontrar
en los puertos siguientes del servicio. Si bien no garantizar el cumplimiento
puede tener consecuencias catastrficas para la vida humana y el medio
ambiente, sino que tambin puede daar los intereses comerciales de los pases
en cuestin, tendr repercusiones perjudiciales en el comercio internacional y
tendr un impacto negativo en la economa mundial.
El terrorismo no es un motivo de preocupacin para un pas o un grupo de pases
- se trata de un problema mundial y debemos tratarlo como tal. El Secretario
General de las Naciones Unidas, Sr. Kofi Annan, ha expresado en trminos
similares: "El terrorismo es un flagelo mundial con efectos globales." En este caso
particular, tal vez ms que en otros, la prevencin es mejor, mucho mejor, que
curar. El reconfortante argumento todava complaciente de que algunos de
nosotros no esperamos a ser vctimas de un acto terrorista no tiene ningn valor
aqu. Con la interdependencia de las economas en el mundo de hoy, la reaccin
en cadena que tal acto puede desencadenar tendr un importante impacto