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1 5 th 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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2 Enhancing Maritime Security l SOLAS and ISPS Code l Guidance l Status of implementation l SUA – boarding provisions l Implementation assessment l Regional approach l Protection of vital shipping lanes l Somalia - Resolution A.979(24) l MOWCA - Integrated Coast Guard Network l Co-operation within the UN system l Future
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3 Achille Lauro – October 1985 USS Cole – October 2000 Limburg – October 2002
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4 11 September 2001
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5 Special Measures to Enhance 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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6 Chapter XI-2 Applies to:- >Passenger Ships
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7 Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT
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8 Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT >Mobile offshore Drilling Units
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9 Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT >Mobile offshore Drilling Units >Port facilities serving ships engaged in international voyages
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10 International Ship and Port Facility Security Code
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11 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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12 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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13Rationale -- 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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14 ISPS Code Company, Ship and Port Facility Company, Ship and Port Facility Security Officer Security Officer Ship & Port Facility Security Ship & Port Facility Security Assessment Assessment Ship & Port Facility Security Plan Ship & Port Facility Security Plan Training, Drills & Exercises Training, Drills & Exercises Verification & Certification Verification & Certification
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15 Ship & Port Security Threat Assessment and Threat Level Threat Assessment and Threat Level Access Control and Restricted Areas Access Control and Restricted Areas Security Duties and Roving Patrols Security Duties and Roving Patrols Security Awareness and Vigilance Security Awareness and Vigilance Security Equipment & Systems Security Equipment & Systems
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16 Chapter V Vessels Require to have:- l Automated Identification Systems (AIS)
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17 Chapter V Vessels Require to have:- l Automated Identification Systems (AIS) l Long-Range Identification and Tracking (LRIT) Systems
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18 Long-Range Identification and Tracking of ships (LRIT) l New SOLAS regulation V/19-1 on LRIT - 01/01/08 l Performance standards and functional requirements l Inter-governmental oversight - IMSO l Data access by flag-, port- and coastal States and SAR services
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19 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 State limit of territorial sea Contracting Government requesting LRIT information Port A Examples of access to LRIT information
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20 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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21 International LRIT Data Exchange National LRIT Data Centre Regional LRIT Data Centre Co-operative LRIT Data Centre LRIT Data Centres share and exchange LRIT information through the International LRIT Data Exchange LRIT system architecture (2) International LRIT Data Centre LRIT Data Distribution Plan Contracting Governments LRIT Co-ordinator Others ?
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22 Chapter XI-1 Vessels Require to have:- l Ship Identification Number IMO NUMBER
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23 Chapter XI-1 Vessels Require to have:- l Ship Identification Number l Continuous Synopsis Record
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24 Chapter XI-2 Vessels Require to have:- l Ship Security Alert System (SSAS)
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25 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) AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America
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26 Threats to ships (Regulation XI-2/7) When identifying risk of attack - Contracting Governments: -advise ships and their Administrations of: AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America AfricaAfrica Arab States/MediterraneanArab States/Mediterranean Asia & Pacific IslandsAsia & Pacific Islands CIS/Eastern EuropeCIS/Eastern Europe Latin America/CaribbeanLatin America/Caribbean North West EuropeNorth West Europe North AmericaNorth America l current security level l security measures to be implemented by ships for self protection l security measures implemented by coastal State
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27 Control and Compliance Measures Regulation 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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28 Communication of Information Regulation XI-2/13 ISPS Code Database www.imo.org www2.imo.org/ISPS Code
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29 Guidance l Guidance on the submission of security-related information prior to the entry of a ship into port l Guidance on voluntary self-assessment by SOLAS contracting Governments, ships, port facilities and companies (interim) l Guidance on control and compliance measures to enhance maritime security l Guidance on the implementation of SOLAS chapter XI-2 and the ISPS Code
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30 Status of implementation for port facilities Contracting Governments158 States Landlocked 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 9,953 Port facilities with approved PFSPs 9,885 (99.37 %) * adjusted to take account of landlocked States
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31 Current agendas and emerging initiatives on maritime security Frank Wall and Associates Revision of SUA Convention: Article 8 bis Boarding provisions
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32 Essential Elements of Article 8bis l Requirement to cooperate to the fullest extent possible (¶ 1) l Process & options for making, receiving, and responding to boarding requests (¶¶ 2-7, 15) l Allocation & preservation of enforcement jurisdiction (¶¶ 8, 11 & Article 9) l Conduct of boarding & disposition operations (¶¶ 6, 9, 10, 14 and Article 8) l Recourse for damage, harm, or loss (¶10(b)) l Further implementation (¶¶12-13)
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33 Guidance for Boarding l Competent Authority l Conditions of boarding l Practical measures l Deterring Fraudulent Boardings
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34 FAL CONVENTION
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35 Convention on Facilitation of International Maritime Traffic, 1965 l Standards and Recommended Practices on the clearance of ships, cargoes and passengers in ports l FAL Forms: 1-General; 2 Cargo; 3 Ship’s stores; 4 Crew’s effects declaration; 5 Crew; 6 Passenger; and 7 Dangerous Goods lists l 2002 AMDTs – new section 4 on Stowaways – access control l 2005 AMDTs – new provisions on port security – risk management l Balance between facilitation and maritime security measures
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36 2005 AMDTs – New provisions on port security l Definition of security measures l General AMDTs of S & RPs to reflect security needs l RP 1.3 Acknowledgement of security measures in an efficient manner – risk management l S 1.11 risk management to enhance border control l RP 2.12 pre-arrival & pre-departure information l RP 2.13 lodging pre-arrival & pre-departure information l AMDTs to FAL Forms to reflect security needs
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37 Implementation Assessment
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38 Implementation 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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39 Implementation 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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40 Implementation 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 e stablishment of national programmes
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41 Recommendations 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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42 Regional approach
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43 Developing sub-regional coastal security co-operation frameworks l Regional MARSEC Strategy - Caribbean, 2004 l ReCAAP – Piracy reporting - East Asia, 2004 l Protection of vital shipping lanes - Jakarta 2005, Kuala Lumpur 2006, Singapore 2007 l Coastal Security - Gulf of Aden and Persian Gulf (Yemen (2005), Oman (2006), Bahrain (2007)) l Integrated Coast Guard Network W&C Africa, 2006 l Coastal Security (Res A.949(24)) - Kenya, 2007
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44 Protection 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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45 Piracy and armed robbery against ships in waters off the coast of Somalia) Resolution A.979(24) (3) ( Piracy and armed robbery against ships in waters off the coast of Somalia) l Security Council, 5387 th Meeting - 15/03/2006 -Presidential Statement l Security Council, 5732nd Meeting – 20/08/2007 -Resolution 1772 (2007) inter alia : naval vessels and military aircraft operate in international waters and airspace adjacent to the coast of Somalia to be vigilant to any incident of piracy therein and to take appropriate action to protect merchant shipping 18. Encourages Member States whose naval vessels and military aircraft operate in international waters and airspace adjacent to the coast of Somalia to be vigilant to any incident of piracy therein and to take appropriate action 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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46 Integrated Coastguard Network Feasibility study for the establishment of an Integrated coastguard network for the West and Central African Region l Mission conducted to Senegal, Cote d’Ivoire, Ghana, Nigeria and Angola in January 2006
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47 IMO / MOWCA Forum Dakar, 23 to 25 October 2006
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48 A multi-disciplinary approach
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49 22 MOWCA States agreed: l 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 l Resolution forwarded to MOWCA General assembly of Ministers and adopted
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50 Co-operation within the UN System
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51 Co-operation IMO / WCO WCO ‘SAFE’ Framework of Standards l Customs to Customs Pillar (11 Standards) l Customs to Business Pillar (6 Standards)
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52 ILO/IMO Code of practice on security in ports Seafarers Identity Documents (Revised) Convention (No. 185) Co-operation IMO/ILO
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53 On-site visits under CTC Reporting to UN CTED matrix on TC CTC meetings for regional and international organizations Development of UN Global CT Strategy (GCTS) CTITF working groups on implementation of UN GCTS Participation in CTITF
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54 Future l Application to non - SOLAS ships l Supply chain security l AMDTS to STCW & safe manning principles l AMDTS to ISPS resulting from SUA protocols l Implementation assessments l 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) l Co-operation & co-ordination within CTITF
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55 Conclusion l Implementing IMO regulations & guidelines enhances national / international security & border control, restricting terrorist mobility l Transnational problem requires regional, sub-regional and international effort l Multi-agency approach: Co-ordination, Co- operation, Information sharing l Integrated implementation l More needs to be done on implementation by Contracting Governments and particularly port industry
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56 Questions ? www.imo.org marsec@imo.org www.imo.org marsec@imo.org
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57 Basic principles of cargo security l Containers and bulk cargo cannot be screened on board!! l Prevention of interference at source i.e. secure when packed
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