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FAQsHere, for your convenience, is a list of questions we commonly get asked by our clients. Should you have a question that is not listed here please don't hesitate to get in touch with us. Application
Timeframe for Application
CSO and SSO
APPLICATION To what ships does the new requirements of maritime security apply? SOLAS requires all ships engaged on international voyages : passenger ships including high-speed passenger craft, cargo ships of 500 gross tonnage and upwards including high-speed craft and mobile offshore drilling units, to have an International Ship Security Certificate (ISSC). TIMEFRAME FOR IMPLEMENTATION How long will it take to prepare and implement my SSP, to approve it and to receive a valid security certificate? The time needed to undertake a SSA, to develop a SSP and to implement the security system should not be underestimated. It is a prerequisite for the process of developing a SSP that a SSA, including an on-scene security survey on each of the company’s ships, has been carried by competent persons. Once the SSAs are completed and the SSPs are developed, the company has to ensure that security system is implemented on board its ships, the SSP is approved by the ships’ flag State administration or the RSO. The aforesaid has to be finalized prior the ship can be visited by a representative of the flag State administration or the MarSec Auditor of the RSO to verify compliance with SOLAS Chapter XI-2 and part A of the ISPS Code.
CSO AND SSO
What are the criteria to choose someone of the company to be appointed as CSO? In the ISPS Code there are no formal requirements for the selection of personnel to be appointed as CSO. However, considering the various duties and responsibilities of the CSO, job experience and suitability for the job have to be taken into account. Furthermore it has to be noted that the CSO should have knowledge of, and receive training, in certain elements of security. Objective evidence that the CSO is properly trained and qualified for his job might be requested during the annual ISM company audits.
Please explain the relationship between PFSO (Port Facility Security Officer) and CSO. According to Section A/11.2.10, it is the CSO’s responsibility to ensure effective communication and co-operation between the Ship Security Officer (SSO) and the relevant Port Facility Security Officers (PFSO). This might, inter alia, include that the CSO provides the SSO with all relevant resources, e.g. instructions, equipment, etc, to ensure that the SSO and PFSO can fulfill their duties as required.
Do crew members need special training prior to be designated as SSO (Ship Security Officer)? Section A/13.2 stipulates that personnel, prior to be designated as SSO, shall have knowledge and receive training on ship security. The contents of such training are outlined in paragraph 13 of part B of the ISPS Code.
Does the ISPS Code allow two crew members (e.g. chief officer and chief engineer) to be SSO although ISPS Code Part A, Sect. 12.1 requires that "a" ship security officer shall be designated on each ship? No, the company shall appoint one responsible SSO for each of its ships.
Can the Master of a ship be designated as SSO (Ship Security Officer)? Yes, there is no problem as far as ISPS Code is concerned. However there is a possibility that he is not able to cope with the additional work load if a captain is designated as SSO (Ship Security Officer).
Is it possible to delegate some of the SSO's function to other seafarers on board? It is not possible to do so regarding the responsibility given in ISPS Code A 12.1, however, it may be possible to delegate some of the function concerning security inspection and etc. SSA AND ON-SCENE SECURITY SURVEY
Is one security assessment prior to initial certification sufficient or do we have to carry out assessments in regular intervals? The ship security assessment (SSA) is an essential instrument prior to the development of the initial version of the Ship Security Plan (SSP). However, as Section 8.1 indicates the need to undergo the SSA also in the process of updating the plan. The reason for this is that possible threats and vulnerabilities might change from time to time. It is the CSOs responsibility to maintain the SSP [A/11.2.3]. This includes that he has to ensure that internal audits, periodic reviews of the SSP and security inspections are carried out, but he also has to ensure that the SSA is periodically reviewed [A/10.1.7 & A/11.2.7].
Can outsiders carry out on-scene security survey? Outsiders can carry out SSA including on-scene security survey provided the ultimate responsibility for ensuring that SSA are properly performed remains with the individual CSO. Does the consultant (outsider) need any qualification to carry out on-scene security survey? We presume there is no specific qualification recognized internationally for consultants to carry out on-scene security survey. We understand they are decided on case-by-case basis.
Who should carry out on-scene security survey? Part A/8.2 stipulates that the ship security assessment is carried out by persons with appropriate skills to evaluate the security of a ship. Part B/8.14 stipulates that the on-scene security survey is an integral part of any SSA. Therefore we understand following persons are appropriate to carry out on-scene security survey: security consultant
Should on-scene security survey be carried out on each ship? Yes, on-scene security survey should be carried out on each ship even if they are sister ships. Of course, SSA should also be carried out on each ship.
When should on-scene security survey be carried out? The Code does not stipulate when to carry out on-scene security survey but Code Part B 8.14 stipulate the on-scene security survey should examine and evaluate existing shipboard protective measures, procedures and operations. We understand it is reasonable that the on-scene security survey is carried out in a sense of final checking after carrying out SSA, identifying various vulnerabilities and establishing counter measures.
SHIP SECURITY PLAN (SSP)
What has to be included in the SSP? The SSP must clearly detail how all requirements of the SOLAS XI-2 and part A of the ISPS-Code will be fulfilled. As a minimum, the SSP should address all the measures and procedures as outlined in Section A/9.4 taking into account the guidance given in part B of the Code. For example, the SSP must provide the crew with all relevant information and explanations regarding their duties, location of restricted areas, etc.
Should SSP (Ship Security Plan) be written in English? We understand SSP (Ship Security Plan) should be written in the working language plus English as ISPS Cod Part A 9.4 stipulates that if the language or languages used is not English, French or Spanish, a translation into one of these languages shall be included.
When submitting the SSP for approval, do we have to submit also the SSA in a written form? Section A/9.3 requires that each SSP submitted for approval is to be accompanied with the SSA on the basis of which the SSP has been developed. In other words, SSPs can only be approved, if they come together with the SSA.
It is required to attach an SSA to an SSP. As an SSA requires collection of information, is it necessary to attach these information as well? It is not necessarily to attach all information, but there should be a proof indicating that collection of information has been done.
I have heard that the Company, in addition to the Ship Security Plan, has to provide the Master with more documented information. Is this true and, if yes, what information is required? Reg.5 requires that the Master is provided by the Company with written documentation indicating the following: who is responsible for appointing shipboard personnel,e.g. ship manager, manning agents etc.
Is it possible to implement an SSP which is not yet approved? No problem. It is better way from the view point of familiarization of the crew.
Once the SSP is approved, must it be approved by the administration and if so, must changes be approved in future? Yes, every SSP must be approved by flag State Administration or by a RSO on its behalf. If changes are made to the SSP in future, the specific flag State requirements on approval of changes must be regarded as it is the obligation of each flag State to determine which changes of an approved SSP must be approved prior its implementation. .
Is the SSP confidential? Yes, certain parts of the SSP are considered to be confidential. Therefore, the SSP must be protected from unauthorized access or disclosure. [A/9.7]. The confidentially includes that an officer duly authorized by a Government (e.g. Port State Officer) has only right to get access to the SSP if he has “clear grounds” to believe requirements of the SOLAS Chapter XI-2 and the part A of the ISPS Code are not fulfilled. In that case he shall have only limited access to the parts of the SSP which directly relates to the non-compliance detected. Further scrutiny of the SSP shall only be conducted with the consent of the Administration and the master of the vessel. Must all identified restricted areas to which limited access apply be clearly marked? Paragraph B/9.20 clearly requires restricted areas to be marked. Although part B of the ISPS Code is considered as guidance only, shipping companies are strictly recommended that this marking will be applied.
Does the ISPS Code require 24-hours monitoring of restricted areas on the ship at security level 1? Generally, the ISPS Code requires that restricted areas are identified in the SSP as well the security measures taken to control access to them.
The ISPS Code requires training, drill and exercises. At what intervals do we have to conduct drills on board? Part A of the Code requires drills to be carried out at “appropriate intervals”.
Do we have to write reports of internal audits, periodical reviews etc.? Section A/10 requires that records are produced and kept on board for certain activities addressed in the SSP. This includes records of internal, periodic review of the SSA and the SSP.
PORT STATE GOVERNMENTS Who is responsible for the provision of “contact points” to which at all times security concerns can be addressed and which provide assistance? Port State Governments have to designate “contact points” to be available at all times to provide advice and assistance to ships and to whom ships can report any security concerns. The Governments have to report names and contact details of the designated “points of contact” to the IMO.
What about Port State Control and Maritime Security? The traditional Port State Control (PSC) regime, as an essential element of verifying compliance with SOLAS and other relevant requirements, is also involved in terms of Maritime Security. However, Reg. 9 goes a little further than the traditional regime, whereby only ships in a port of a Government might have been subject to PSC inspections. Paragraph 1 of Reg. 9 applies the same principle whereby paragraph 2 extends the application of control and compliances measures to ships intending to enter a port. In this respect, Chapter XI-2 Reg. 9 does not use the term PSC inspectors but the term “officers duly authorized by the Contracting Government”. This implies that control measures acc. Reg. 9 might not necessarily carried out by the known PSC inspectors but from different authorities as determined by the Government. As a general rule, the control by “officers duly authorized by Government” is limited to the verification whether a valid ISSC is available on board the ship. Only in the case that the officer finds an invalid certificate or he finds “clear grounds” for believing that the ship is not in compliance with the security regulations, he might impose “control measures”, e.g. inspection, delay, detention, expulsion, etc.
What are “control measures” an officer of the Government can impose on believing there are “clear ground” that the ship is not in compliance with ISPS-Code and the SOLAS amendments? “Control measures”, imposed during a control of a ship in port based on clear grounds are: inspection of the ship, delaying the ship, detention of the ship, restriction of operation or expulsing the ship from port. If prior to entry into port, the officer duly authorized by the Contracting Government has clear grounds to believe that the ship is not in compliance with the security requirements, he might impose certain steps, which might include: a requirement to rectify the deficiency prior entry, inspection of the ship in a certain location outside the port or denial of entry into port.
What are the responsibilities of a Government with respect to security? Nomination of the national authority or authorities responsible for ship security and port facility security (Designated Authority) Nomination of the competent authority designated to receive and act upon ship security alerts Nomination of a point of contact designated to provide advice and assistance to ships within their territory Setting of Security Levels for the ships flying their flag, ships within their jurisdiction and port facilities within their territory Notification of the Security Levels to ships and port facilities Exercising control and compliance measures, i.e. control of ships in its ports, control of ships intending to enter its ports and imposing control measures (e.g. inspection, detention, expulsion from port, denial of entry, etc) Approval, verification and certification of SSPs or authorization of Recognized Security Organisations (RSO) to undertake these duties on its behalf.
SECURITY LEVELS
What is a security level and how should set them ? Security level means the qualification (grading) of the degree of risk that a security incident (suspicious act or circumstance threatening the security) will be attempted or will occur. The flag State administration will set security levels to ships flying its flag and will have to ensure the provision of such information to its ships. The Designated Authority of the port State will set security levels for the port facilities within their territory, and to ships prior to entering a port or whilst in port of within their territory.
What should I do if my ship can not follow the instructions of the port to operate at a certain security level? In such cases the ship shall immediately report to the Port Facility Security Officer (PFSO) that it cannot implement the security measures as required. The PFSO and the SSO shall then close co-operate and co-ordinate appropriate actions.
Is a vessel approaching port obligated to follow any specific instructions about security level set by such Government? As flag Administrations set the security level for ships and port States for their waters and port facilities, the situation of diverting security levels between the ship and the port facility can be easily imagined. If security levels of ports are higher than those set by flag State Administrations the higher security has to be regarded as the casting one [SOLAS XI-2 Reg. 4.3]. In order words, the ship has to follow the instructions on the security level as set by the port State and, if applicable, has to change to such level without delay.
DECLARATION OF SECURITY
What is meant by DoS? DoS means Declaration of Security. A sample form of a DoS is annexed as Appendix 1 to Part B of the ISPS Code. A DoS shall address security measures and the respective responsibilities shared between the port facility and the ship.
How long do I have to keep completed DoS on board? It is up to flag State administration to decide how long copies of completed DoS have to keep on board. As these requirements might vary considerable between different flag State, shipping companies are advised to clarify this matter with the administration directly.
When do I have to complete a DoS? Section 5.2 of part A of the ISPS Code provides certain scenarios when a ship can request the completion of a DoS. Ships are especially advised to request the completion of a DoS when the ship is at a higher security level than the port facility visited in order to proof that the ship has higher security measures in place. This might be especially essential if a security incident occurs.
It is understood that the Company has document the Master’s overriding authority. As I have documented this already in my Safety Management Manual (SMM) do I have to do this once again? Section 6.1 of part A of the ISPS Code in line with Regulation 8 of SOLAS Chapter XI-2 clearly states that the Master has the overriding authority regarding safety and security. As the ISM Code requires to document this authority in the SMM, the ISPS Code requires that the SSP contains a clear statement saying that the Master has the overriding authority and responsibility to make decisions with request to safety and security of the ship and that he is entitled to request assistance as deemed necessary.
Section 6.2 requires the Company to provide necessary support to the Master, SSO and CSO. Does this mean I have to place weapons on board for self-defence? The clear answer is no. The ISPS Code does not require the ship to be equipped with weapons or similar. This is entirely up to Company to decide whether this is deemed necessary or useful. This Section has been aimed to ensure that the Company provides necessary resources, e.g. placing on board enough personnel which can be assigned to security duties, communication facilities, training to personnel, security equipement etc., in order for the Master, SSO and CSO to be in a position to conduct their duties and responsibilities as laid down in the Code and the Company’s SSPs.
VERIFICATION
Can the International Ship Security Certificate (ISSC) be issued while one or more minor nonconformities are detected during the verification? No! Sect. 19.1.1.1 requires a verification prior to issue an ISSC to “ensure that the security system and any associated security equipment of the ship fully complies with the applicable requirements…”. In order words, if non-conformities are detected during the verification process, no ISSC shall be issued.
What is the time period between verifications once the ISSC has been issued? As with ISM Code certification, the ISSC is valid for five years, i.e. after five years a renewal verification has to be conducted. Between the second and third anniversary date of the certificate an intermediate verification is required
Will there be "black lists" of ships without valid ISSC and of insufficiently secured ports? Until now there is no information available that “black lists” of “non-compliance ships or port facilities will be created. However, Reg. 13 requires that Governments shall report to IMO which locations within their territory will be |
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