SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

ISPS: The Human Element

Frank Wall

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

“to detect security threats and take preventive measures against security incidents affecting

ships or port facilities used in international trade”

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

The security measures place

additional responsibilities and

pressures on seafarers

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

The 2002 Diplomatic Conference sought to recognize these pressures by

recommending changes to the Safe Manning Certificate

and through Conference Resolution 11 “Human-element-related aspects and

shore leave for seafarers”

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

Seafarers identification was addressed in Conference Resolution 8 “Enhancement of

security in co-operation with the International Labour Organization”

The Resolution anticipated early revision of the ILO’s Seafarers’ Identity Document

Convention, 1958 (No 108)

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

The International Labour Conference

adopted the Seafarers Identity Documents

Convention (Revised), 2003 (No.185) in June

2003, providing an identity document with biometric information

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

A number of states, notably the United

States, insisted that all seafarers should have a valid visa –

in the US case obtaining the visa requires personal application to the

US Embassy in the applicants’ home

country

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

Since 2002 discussion on

human element related aspects at

the IMO has tended to focus on issues

arising from examples of control

measures in the United States

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

IMO has therefore concentrated on three key issues:

• access to the ship by, and the actions of, “control” officers;

• crew access to the shore, and

• access to the ship by owners and welfare representatives

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

MSC 78 (May 2004) issued:

Circ 1111: “Guidance relating to the implementation of SOLAS Chapter XI-2 and the ISPS Code” covering, inter alia, duly authorized officers and

Circ 1112 “Shore leave and access to ships under the ISPS Code”

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

In August 2004 the US Department of

Homeland Security issued guidance to its officials on “Access to Commercial Vessels

and Waterfront Facilities”

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

MSC 79 (December 2004) issued:

Circ. 1132 “[Further] Guidance relating to the implementation of SOLAS Chapter XI-2 and the ISPS Code” covering, inter alia:

• control of access to port facilities;

• identification on boarding ships, and

• safety inspections and lifeboat drills

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

MSC 80 (May 2005) may issue comprehensive guidance for officials with the right of access

to ships when in port

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

• the “uneven” global application of the security requirements;

• the “sharing” of security responsibilities between ships and port facilities;

• the actual effects of the additional requirements on crew performance and attitudes;

• conflicts between ISPS and commercial realities or pressures, and

• ISPS being used as a further reason to “shake down” the industry

SOLAS Chapter XI-2 and the ISPS Code: The Human Element

Frank Wall and Associates

Thank you for your attention