Page 16: of Maritime Reporter Magazine (August 2004)
65th Anniversary Edition
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Government Update promptly notified of the change and that the DoSs are revised as necessary.
Control Measures
Failure of the ship to complete a DoS when it has interfaced with a port facili- ty or other ship subject to. but in viola- tion of. the ISPS Code or Chapter XI-2 of the SOLAS Convention constitutes clear grounds for a port state control official of a Contracting Government to exercising control measures with regard to the ship. Control measures utilized must be proportionate, but may involve: (1) inspection of the ship: (2) delaying the ship; (3) detention of the ship: (4) restriction of operations, including movement within the port; or (5) expul- sion of the ship from port. For ships intending to enter a port of a Contracting
Government, where there are clear
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Circle 200 on Reader Service Card 16 grounds for believing that the ship is in violation of the ISPS Code or Chapter
XI-2 of the SOLAS Convention, the port state control officials may: (a) require rectification of the non-compliance prior to entry; (b) require that the ship pro- ceed to a specified location in the terri- torial sea or internal waters of the nation; (c) inspect the ship in the territo- rial sea of the nation; or (d) deny entry into the port. If control measures are exercised, the port state control officials must forthwith inform in writing the flag
Administration of the control measures imposed and the reasons thereof. The port state control officials must also inform the recognized security organiza- tion (RSO). if any. and the International
Maritime Organization (IMO) when control measures have been imposed.
Denial of entry into port or expulsion from port may only be imposed where the port state control officials have clear grounds to believe that the ship poses an immediate threat to the security or safe- ty of persons, or of ships or other prop- erty and there are no other appropriate means for removing that threat.
Summary
Proper use of the DoS is important, not only as a means of coordinating security arrangements between ships and port facilities, but also as a method of docu- menting appropriate implementation of the ISPS Code and related maritime security requirements. This becomes crucial when a ship calls at a port facili- ty that is not in full compliance with the
ISPS Code and does not have an approved security plan. A ship calling at such a port facility must not only insti- tute additional security measures (as provided for in the ISPS Code and its ship security plan), but it must also be able to demonstrate to port state control officials at subsequent port calls that it took the appropriate steps. The way to demonstrate this full compliance with the ISPS Code is to complete and retain on board a DoS fully documenting the ship's security measures while at this non-compliant port facility.
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Maritime Reporter & Engineering News
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