SOLAS Chapter XI-2 and the ISPS Code: The Human Element
ISPS: The Human Element
Frank Wall
Frank Wall and Associates
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
“to detect security threats and take preventive
measures against security incidents affecting
ships or port facilities used in international
trade”
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
The security
measures place
additional
responsibilities and
pressures on
seafarers
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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”
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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)
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
The International
Labour Conference
adopted the Seafarers
Identity Documents
Convention (Revised),
2003 (No.185) in June
2003, providing an
identity document with
biometric information
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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”
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
In August 2004 the US
Department of
Homeland Security
issued guidance to its
officials on “Access to
Commercial Vessels and
Waterfront Facilities”
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
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
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
MSC 80 (May 2005) may issue comprehensive
guidance for officials with the right of access
to ships when in port
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
• 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
Frank Wall and Associates
SOLAS Chapter XI-2 and the ISPS Code: The Human Element
Thank you for your attention
Frank Wall and Associates