International Ship and Port Facility Security (ISPS) Code

International Ship and Port Facility Security (ISPS) Code
Name	International Ship and Port Facility Security Code
Abbreviation	ISPS Code
Adopted	2002
Adopted by	International Maritime Organization
Related to	International Convention for the Safety of Life at Sea, Maritime Safety Committee
Purpose	Maritime security standard
Status	In force

International Ship and Port Facility Security (ISPS) Code is an international regulatory framework adopted to strengthen maritime security measures for ships and port facilities following high‑profile incidents in the early 21st century. The Code was developed under the auspices of the International Maritime Organization and linked to amendments to the International Convention for the Safety of Life at Sea adopted at a diplomatic conference. It established a standardized regime affecting flag state ships, port state control, and ship security officers to address threats such as terrorism and sabotage.

Background and Development

The Code emerged after the September 11 attacks prompted rapid action by the International Maritime Organization, the United Nations Security Council, and maritime stakeholders including the International Chamber of Shipping, the International Transport Workers' Federation, and the Baltic and International Maritime Council. Negotiations referenced precedents like the SOLAS Convention and involved delegations from United States, United Kingdom, Japan, France, Germany, China, India, and other maritime nations. Drafting sessions at IMO committees drew input from the Maritime Safety Committee and organizations such as the International Shipowners' Association and the International Association of Ports and Harbors, producing a two‑part instrument that entered into force alongside amendments to SOLAS.

Scope and Key Provisions

The ISPS Code applies to ships on international voyages and related port facilities and sets out requirements for security levels, identification systems, and contingency responses. Key provisions require ships to have a ship security plan, a designated company security officer, and a ship security assessment; port facilities must maintain a port facility security plan and a port facility security officer. The Code prescribes three security levels corresponding to threat conditions influenced by advisories from entities like the United States Department of Homeland Security, the European Union, and regional bodies such as the Association of Southeast Asian Nations and NATO. Certification mechanisms include the International Ship Security Certificate and the Statement of Compliance issued under flag state authority and subject to port state control inspections.

Roles and Responsibilities

Responsibility under the Code is divided among multiple actors: flag states, port states, recognized security organizations, shipowners, port authorities, and security officers. Flag states implement certification and oversight via administrations such as the Marshall Islands, Liberia, Panama, United Kingdom Maritime and Coastguard Agency, Norway Maritime Authority, and Japan Maritime Self-Defense Force liaison units; port states enforce compliance through inspections at Rotterdam Port Authority, Port of Singapore, Port of Shanghai, Port of Los Angeles, Port of Rotterdam, and other major harbors. Private entities including the International Ship and Port Facility Security (ISPS) Code were supported by classification societies like Lloyd's Register, American Bureau of Shipping, and Det Norske Veritas. Security duties are performed by ship security officers, company security officers, and port facility security officers who coordinate with agencies such as the Customs and Border Protection, Coast Guard, Port Authority of New York and New Jersey, and Federal Bureau of Investigation when threats arise.

Implementation and Compliance

Implementation required amendments to national laws and maritime administrations in states such as Australia, Brazil, Canada, South Africa, Norway, Iceland, Turkey, and Egypt. Compliance mechanisms include onboard audits, port state control inspections under regimes like the Paris Memorandum of Understanding and the Tokyo Memorandum of Understanding, and verification by recognized organizations including Bureau Veritas and Germanischer Lloyd. Training and certification of personnel often reference curricula from International Labour Organization guidance and programs run by institutions such as the World Maritime University. Non‑compliance can lead to detention, fines, or denial of port entry enforced by bodies like the European Maritime Safety Agency and national administrations.

Security Assessments and Plans

Security assessments required under the Code involve threat analysis, vulnerability assessments, and identification of critical assets such as terminals used by Maersk Line, Mediterranean Shipping Company, COSCO, and Evergreen Marine. Ship security plans and port facility security plans detail measures including access control, cargo screening, restricted area designation, and communication protocols with entities like the International Civil Aviation Organization for multimodal responses and Interpol for law enforcement coordination. Exercises and drills involve stakeholders such as United Nations Office on Drugs and Crime, regional coast guards, and private security firms; documentation is subject to audit by administrations and classification societies.

Amendments and Criticisms

Since adoption, the Code has faced amendments and reviews by the International Maritime Organization and commentary from organizations including the International Transport Workers' Federation and Transparency International. Criticisms have targeted implementation gaps in developing states like Somalia and Yemen, the administrative burden on small operators such as sea carriers and small island developing states, and concerns about private security contractors exemplified by incidents near Gulf of Aden and Somali Coast. Debates involve balance between security and facilitation promoted by World Trade Organization principles and regional initiatives like the European Commission's maritime security strategy. Ongoing amendments consider cyber threats highlighted by incidents affecting Maersk and NotPetya, prompting links with standards from International Organization for Standardization and proposals debated at IMO sessions and diplomatic conferences.

Category:Maritime security