SOLAS Chapter XI-2 and the ISPS Code: The Human Element Frank Wall and Associates ISPS: The Human Element Frank Wall.

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Presentation transcript:

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 “[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