Marine Operations Note: 03/2004 - The USCG and enforcement of the ISPS Code
05 April 2004
Marine Operation Note 03/2004
5 April 2004
MARINE OPERATIONS NOTE: 3/2004
RE: The USCG and enforcement of the ISPS Code
Dear Owner/Operator:
We have attached a letter from Admiral Collins the Commandant of the U.S. Coast Guard to the Liberian Registry regarding their ISPS enforcement posture. The USCG expects all vessels visiting the US to be in compliance by 1 July 2004. They have already started an inspection program to determine a vessel’s progress toward compliance with the Code and are issuing warnings to vessels operators who have not yet started to work toward compliance.
During a training course for Security Auditors that we held last week the USCG restated their position and informed us that their Port State Control Examination now includes: • Verification of ISSC, CSR and security records,
- Observation of Security practices on board the ship, and
- Questioning of crew regarding Security Procedures.
In the letter from Admiral Collins and during the presentation at the auditor’s course, the USCG stated that all vessels calling on US ports on and after 1 July 2004 will have to have a USCG inspection for compliance with the ISPS Code. The following diagram is their process flow diagram:
Port State Control: Process Flow
Vessel Vsl Targeting• Security NOA •• MTSA / ISPSSafety / Env.
Vsl Examinations
- Security Control Actions Documentation z MTSA / ISPS • Notifications & Tracking z Safety / Env.
Control Action Ratios
Point Assignments
Messages
- Consistent application of guidance
- Flexible use of appropriate control actions
- “Show-me” implementation on 01 July
United States Coast Guard
Marine Operations Note 3-2004
The advance notice of arrival provided to the USCG will include whether or not a vessel has an International Ship Security Certificate. As of 1 April 2004, if your vessel indicates the certificate has been issued, it may well be boarded and subject to examination for compliance with the ISPS Code by the USCG before 1 July 2004. This will be to your advantage as vessels which successfully pass a USCG ISPS Compliance examination prior to the deadline will find it easier to enter US ports on or after 1 July 2004 while other vessels are lining up for examination.
As indicated below, the matrix for determining which vessels will be examined will be amended on 1 July 2004 to include a higher priority to vessels which have not been inspected and found in compliance with the ISPS Code.
ISPS/MTSA Compliance Targeting:
Ship Management | Flag State | Recognized Organization | Vessel History |
ISPS 1 Ship management associated with a major control action in the past 12 months | 7 points Flag State has a CAR of 5% or more | ISPS I RSO has a Car of 5% or more | ISPS I ISPS related denial of entry/expulsion from port in the last 12 months |
5 Points Ship management has a CAR of 5% of more or is MOC target listed | 2 Points Flag state has a CAR of 1% to 5% | 5 Points Ship Management has a CAR of 1% up to 5% | ISPS II No ISPS compliance examinations within the last 12 months. |
2 Points Ship Management has a CAR of 1% up to 5% |
Flag state associated with 20 or fewer examinations in the past
1, 2004 | 2 Points Ship Management has a CAR of 0.5% up to 1% | 5 Points Vessel has a CAR of 1% or more |
2 Points Ship Management associated with 10 or fewer examinations in the past 3 years beginning 1 July 2004. | 2 Points RSO associated with 20 or fewer examinations in the past 3 years beginning 1 July 2004. | 2 Points Vessel has a CAR of 0.5% up to 1%. | |
NOTE: CAR stands for Control Action Ratio (Number of Control Actions/ Number of Vessel Arrivals) | 2 Points Vessel has more than 1 but 10 or fewer ISPS Compliance Examinations in the past 3 years beginning 1 July 2004 | ||
1 Point for each occurrence of any operational control assigned with in the past 12 months. | |||
Marine Operations Note 3-2004
The ISSC will be accepted as valid unless the USCG determines the ship may not be in compliance. If it is determined that there are clear grounds for questioning the validity of the ISSC, the USCG will:
- If in Port:
o Do an expanded examination of the ship’s security procedures, o Restrict the movement of a ship, o Detain a ship, or o Expel a ship from port
- Before arrival o Delay entry or o Deny entry.
For additional information concerning Port State or US Coast Guard issues, you may contact Mr. Timothy M. Keegan as +1 703 251 2409 or email: safety@liscr.com.
For questions concerning the ISPS Code, please contact Mr. Pini Shwartz at +1-703-2512405 or email: security@liscr.com
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