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5th Special Meeting of the CTC with International, Regional and

Sub-regional Organizations Prevention of terrorist Movement and

Effective Border Security

Captain Hartmut G. Hesse

Senior Deputy Director

Maritime Safety Division

International Maritime Organization hhesse@imo.org

www.imo.org

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Enhancing Maritime Security

SOLAS and ISPS Code Guidance Status of implementation SUA – boarding provisions Implementation assessment Regional approach Protection of vital shipping lanes Somalia - Resolution A.979(24) MOWCA - Integrated Coast Guard Network Co-operation within the UN system Future

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Achille Lauro – October 1985Achille Lauro – October 1985

USS Cole – October 2000USS Cole – October 2000

Limburg – October 2002Limburg – October 2002

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11 September 200111 September 2001

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Special Measures to Special Measures to Enhance Maritime SecurityEnhance Maritime Security

SOLAS Chapter XI-2 & ISPS Code

Entered into force on 1 July 2004

On 1 July 2004 applied to 147 States

Since 3 February 2007 applies to 158 States

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Chapter XI-2Chapter XI-2

Applies to:-

>Passenger Ships

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Chapter XI-2Applies to:-

>Passenger Ships

>Cargo Ships => 500GT

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Chapter XI-2Chapter XI-2Applies to:-

>Passenger Ships

>Cargo Ships => 500GT

>Mobile offshore Drilling Units

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Chapter XI-2Chapter XI-2Applies to:->Passenger Ships>Cargo Ships => 500GT>Mobile offshore Drilling Units>Port facilities serving ships engaged in

international voyages

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International

Ship and

Port Facility

Security

Code

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An international framework through which ships and port facilities can co-operate to detect and deter acts which threaten security in the maritime transport sector.

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What is addressed?

• The use of a ship as a weapon

• The use of a ship for transporting either

persons or their means for intending to cause a

security incident

• The use of a ship in lawful trade for financing

terrorist activities

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RationaleRationale

-- Risk management activity- Appropriate security measures- Risk assessment- ISPS Code standard framework

evaluating risk change threat level change vulnerability of ships/port facility

- Functional security requirements for ships and port facilities

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ISPS CodeISPS Code

Company, Ship and Port FacilityCompany, Ship and Port Facility Security OfficerSecurity Officer Ship & Port Facility Security Ship & Port Facility Security AssessmentAssessmentShip & Port Facility Security PlanShip & Port Facility Security Plan Training, Drills & ExercisesTraining, Drills & Exercises Verification & CertificationVerification & Certification

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Ship & Port SecurityShip & Port Security

Threat Assessment and Threat LevelThreat Assessment and Threat Level Access Control and Restricted AreasAccess Control and Restricted Areas Security Duties and Roving PatrolsSecurity Duties and Roving Patrols Security Awareness and VigilanceSecurity Awareness and Vigilance Security Equipment & SystemsSecurity Equipment & Systems

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Chapter VChapter V

Vessels Require to have:- Automated Identification Systems (AIS)

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Chapter VChapter V

Vessels Require to have:- Automated Identification

Systems (AIS) Long-Range Identification

and Tracking (LRIT)Systems

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Long-Range Identification and Long-Range Identification and Tracking of ships (LRIT)Tracking of ships (LRIT)

New SOLAS regulation V/19-1 on LRIT - 01/01/08

Performance standards and functional requirements

Inter-governmental oversight - IMSO Data access by flag-, port- and coastal

States and SAR services

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LRIT information may be provided when a ship navigates within a distance not exceeding 1,000 nautical miles off the coast

a distance set by the coastal

Statelimit of territorial sea

Contracting Government requesting LRIT

information

Port A

Examples of access to LRIT information

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LRIT Data Centre

Ships transmit LRIT information to, and receive commands for transmissions of LRIT information on demand from, a designated LRIT Data Centre

LRIT system architecture (1)

Each Administration shall decide to which LRIT Data Centre ships entitled to fly its flag shall transmit LRIT information

(Option for National, Regional, Co-

operative and an International LRIT

Data Centres)

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6

5

4

3

2

1LRIT

Data Centre

International LRIT Data Exchange

National LRIT Data Centre

RegionalLRIT Data Centre

Co-operativeLRIT Data Centre

LRIT Data Centres share and exchange LRIT information through the International LRIT Data Exchange

LRIT system architecture (2)

InternationalLRIT Data Centre

LRIT Data Distribution Plan

Contracting Governments

LRIT Co-ordinator

Others ?

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Chapter XI-1Chapter XI-1

Vessels Require to have:-

Ship Identification Number

IMO NUMBERIMO NUMBER

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Chapter XI-1Chapter XI-1Vessels Require to have:- Ship Identification Number Continuous Synopsis Record

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Chapter XI-2Chapter XI-2

Vessels Require to have:- Ship Security Alert System (SSAS)

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Threats to ships(Regulation XI-2/7)

Contracting Governments:

- Set security levels

- Provide security level information:

- to ships in their territorial sea

- or intending to enter their territorial sea

- Provide contact point for ships

- requesting advice or assistance

- report security concerns

(ships, movements or communications)

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Threats to ships(Regulation XI-2/7)

When identifying risk of attack - Contracting

Governments:

- advise ships and their Administrations of:

current security level

security measures to be implemented by

ships for self protection

security measures implemented by coastal

State

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Control and Compliance Measures Control and Compliance Measures Regulation XI-2/9Regulation XI-2/9

Addressing:

- ships in port

- ships intending to enter a port

Goal: recognition and rectification of perceived deficiencies of the ship’s security measures/plan

Non-compliance (clear grounds):

may result in additional inspections, denial of port entry or expulsion from port

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Communication of InformationCommunication of InformationRegulation XI-2/13Regulation XI-2/13

ISPS Code Database

www.imo.org

www2.imo.org/ISPS Code

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GuidanceGuidance

Guidance on the submission of security-related information prior to the entry of a ship into port

Guidance on voluntary self-assessment by SOLAS contracting Governments, ships, port facilities and companies (interim)

Guidance on control and compliance measures to enhance maritime security

Guidance on the implementation of SOLAS chapter XI-2 and the ISPS Code

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Status of implementation for port facilities

Contracting Governments 158 StatesLandlocked States 13 (2)States submitting Information 139 (88.39 %)States reporting port facilities 138 (94.44 %*)States reporting approved PFSPs 137 (93.75 %*)Declared port facilities 9,953Port facilities with approved PFSPs 9,885 (99.37 %)

* adjusted to take account of landlocked States

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Current agendas and emerging initiatives on maritime security

Frank Wall and Associates

Revision of SUA Convention:Revision of SUA Convention:Article 8 Article 8 bisbis Boarding provisions Boarding provisions

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Essential Elements of ArticleEssential Elements of Article 8 8bisbis

Requirement to cooperate to the fullest extent Requirement to cooperate to the fullest extent possible possible (¶ 1)(¶ 1)

Process & options for making, receiving, and Process & options for making, receiving, and responding to boarding requests responding to boarding requests (¶¶ 2-7, 15)(¶¶ 2-7, 15)

Allocation & preservation of enforcement Allocation & preservation of enforcement jurisdiction jurisdiction (¶¶ 8, 11 & Article 9)(¶¶ 8, 11 & Article 9)

Conduct of boarding & disposition operations Conduct of boarding & disposition operations (¶¶ (¶¶ 6, 9, 10, 14 and Article 8)6, 9, 10, 14 and Article 8)

Recourse for damage, harm, or loss Recourse for damage, harm, or loss (¶10(b))(¶10(b))

Further implementation Further implementation (¶¶12-13)(¶¶12-13)

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Guidance for BoardingGuidance for Boarding

Competent Authority Conditions of boarding Practical measuresPractical measures Deterring Fraudulent BoardingsDeterring Fraudulent Boardings

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FAL CONVENTIONFAL CONVENTION

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Convention on Facilitation of Convention on Facilitation of International Maritime Traffic, 1965International Maritime Traffic, 1965

Standards and Recommended Practices on the Standards and Recommended Practices on the clearance of ships, cargoes and passengers in portsclearance of ships, cargoes and passengers in ports

FAL Forms: 1-General; 2 Cargo; 3 Ship’s stores; 4 FAL Forms: 1-General; 2 Cargo; 3 Ship’s stores; 4 Crew’s effects declaration; 5 Crew; 6 Passenger; and 7 Crew’s effects declaration; 5 Crew; 6 Passenger; and 7 Dangerous Goods lists Dangerous Goods lists

2002 AMDTs – new section 4 on Stowaways – access 2002 AMDTs – new section 4 on Stowaways – access controlcontrol

2005 AMDTs – new provisions on port security – risk 2005 AMDTs – new provisions on port security – risk managementmanagement

Balance between facilitation and maritime security Balance between facilitation and maritime security measuresmeasures

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2005 AMDTs – New provisions on 2005 AMDTs – New provisions on port securityport security

Definition of security measuresDefinition of security measures

General AMDTs of S & RPs to reflect security needs General AMDTs of S & RPs to reflect security needs

RP 1.3 Acknowledgement of security measures in RP 1.3 Acknowledgement of security measures in an efficient manner – risk managementan efficient manner – risk management

S 1.11 risk management to enhance border controlS 1.11 risk management to enhance border control

RP 2.12 pre-arrival & pre-departure informationRP 2.12 pre-arrival & pre-departure information

RP 2.13 lodging pre-arrival & pre-departure RP 2.13 lodging pre-arrival & pre-departure informationinformation

AMDTs to FAL Forms to reflect security needs AMDTs to FAL Forms to reflect security needs

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Implementation Implementation AssessmentAssessment

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Implementation assessmentImplementation assessment

Considerable variance in:

- legislative transposition of SOLAS XI-2 & ISPS Code

- approach in setting security levels

- defining port facilities

- providing security-related training

- security-related aspects of non-SOLAS ships operations

- basic arrangements for receipt of SSA

- training of duly authorized officers for C & C measures

- information requirements prior to port entry of ships

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Implementation assessmentImplementation assessment

- Delineation of duties of various government bodies

not completed

- No arrangements to review continued effectiveness of

measures implemented

- Limited implementation & compliance with obligations from

SOLAS regulations XI-2/5, 6 & 7

- Limited conduct of control and compliance measures and

reporting to flag States & IMO

- Incomplete or inaccurate data provided to IMO (XI-2/13)

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Implementation assessmentImplementation assessment

- Limited meaningful port facility drills & exercises

- Limited monitoring of authorized RSOs’ work

- Limited use of guidance material provided by IMO

- Limited pragmatic approach to shore leave

- Limited collation, assessment & exchange of

security threat data

- Limited regional or sub-regional co-ordination/co-operation

- Limited establishment of national programmes

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Recommendations to IMORecommendations to IMO

- Development of model national legislation

- Guidance on security- related operation of non-SOLAS

- Guidance on basic & specific security-related training for

all & specific duty Port Facility personnel respectively

- Guidance on conduct of security-related drills &

exercises

- Periodical conduct of regional seminars & workshops

- Co-ordination of various regional & bilateral TC activities

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Regional approachRegional approach

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Developing sub-regional coastal security co-operation frameworks

Regional MARSEC Strategy - Caribbean, 2004 ReCAAP – Piracy reporting - East Asia, 2004 Protection of vital shipping lanes - Jakarta 2005,

Kuala Lumpur 2006, Singapore 2007 Coastal Security - Gulf of Aden and Persian Gulf

(Yemen (2005), Oman (2006), Bahrain (2007)) Integrated Coast Guard Network W&C Africa, 2006 Coastal Security (Res A.949(24)) - Kenya, 2007

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Protection of Vital Shipping LanesProtection of Vital Shipping Lanes

- IMO to play a role in the protection of shipping lanes of strategic importance and significance

- focus on the Straits of Malacca and Singapore

- in co-operation with littoral States

- seek enhancement of safety, security and environmental protection of the Straits

- Meetings in Indonesia, Malaysia and Singapore (2005, 2006 and 2007 respectively)

- implementation of 6 projects

- establishment of funding mechanism

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Resolution A.979(24) (3)

(Piracy and armed robbery against shipsPiracy and armed robbery against ships

in waters off the coast of Somalia)in waters off the coast of Somalia)

Security Council, 5387th Meeting - 15/03/2006

- Presidential Statement

Security Council, 5732nd Meeting – 20/08/2007

- Resolution 1772 (2007) inter alia :

18. Encourages Member States whose naval vessels naval vessels and and military aircraft operate in international waters and military aircraft operate in international waters and airspace adjacentairspace adjacent to the coast of Somalia to be vigilant to to the coast of Somalia to be vigilant to any incident of piracy therein and to take appropriate any incident of piracy therein and to take appropriate action to protect merchant shippingaction to protect merchant shipping, in particular the transportation of humanitarian aid, against any such act, in line with relevant international law;“

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Integrated Coastguard NetworkIntegrated Coastguard Network

Feasibility study for the establishment of an Integrated coastguard network for the West

and Central African Region

Mission conducted to Senegal, Cote d’Ivoire, Ghana, Nigeria and Angola in January 2006

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IMO / MOWCA ForumIMO / MOWCA ForumDakar, 23 to 25 October 2006Dakar, 23 to 25 October 2006

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A multi-disciplinary A multi-disciplinary approachapproach

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22 MOWCA States agreed:22 MOWCA States agreed:

A far-reaching resolution with 22 operative paragraphs addressing aspects of establishing an integrated coastguard function network for MOWCA States and forming the basis for action plans

Resolution forwarded to MOWCA General assembly of Ministers and adopted

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Co-operation within the Co-operation within the UN SystemUN System

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Co-operation IMO / WCO Co-operation IMO / WCO WCO ‘SAFE’ Framework of StandardsWCO ‘SAFE’ Framework of Standards

Customs to Customs Pillar

(11 Standards) Customs to Business

Pillar

(6 Standards)

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ILO/IMO Code of practice on security in ILO/IMO Code of practice on security in ports ports

Seafarers Identity Documents (Revised) Seafarers Identity Documents (Revised) Convention (No. 185)Convention (No. 185)

Co-operation IMO/ILOCo-operation IMO/ILO

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On-site visits under CTC On-site visits under CTC

Reporting to UN CTED matrix on TCReporting to UN CTED matrix on TC

CTC meetings for regional and CTC meetings for regional and international organizations international organizations

Development of UN Global CT Strategy Development of UN Global CT Strategy (GCTS)(GCTS)

CTITF working groups on CTITF working groups on implementation of UN GCTSimplementation of UN GCTS

Participation in CTITFParticipation in CTITF

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Future

Application to non - SOLAS ships Supply chain security AMDTS to STCW & safe manning principles AMDTS to ISPS resulting from SUA protocols Implementation assessments Sub-regional/regional coastal security

agreements - Follow-up Yemen / Oman - Integrated CG network W&C Africa - East Africa seminar / workshops - Implementation Resolution A.979(24) Co-operation & co-ordination within CTITF

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ConclusioConclusionn

Implementing IMO regulations & guidelines enhances national / international security & border control, restricting terrorist mobility

Transnational problem requires regional, sub-regional and international effort

Multi-agency approach: Co-ordination, Co-operation, Information sharing

Integrated implementation More needs to be done on implementation

by Contracting Governments and particularly port industry

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Questions ?Questions ?

www.imo.org www.imo.org marsec@imo.orgmarsec@imo.org

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Basic principles of cargo Basic principles of cargo securitysecurity

Containers and bulk cargo cannot be Containers and bulk cargo cannot be screened on board!!screened on board!!

Prevention of interference at source i.e. Prevention of interference at source i.e. secure when packedsecure when packed