MARITIME SIKKERHETSTILTAK
ETTER 11. SEPTEMBER 2001
OG TILKNYTTEDE
CERTEPARTIKLAUSULER
En oversikt over den nye internasjonale ”ISPS-koden”, nye regler
i USA og nye standardklausuler som regulerer ansvars- og
risikofordelingen mellom partene i certepartier.
Frode Grotmol
16. februar 2004
1
I
Innledning
II IMO
International Code for
the Security of Ships and
Port Facilities
2
1. ISPS-kodens formål
The objectives of this Code
are:
1. to establish an international
framework involving co-operation
between Contracting Governments,
Government agencies, local
administrations and the shipping
and port industries to detect
security threats and take preventive
measures against security incidents
affecting ships or port facilities used
in international trade;
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2. to establish the respective roles and
responsibilities of the Contracting
Governments, Government agencies,
local administrations and the
shipping and port industries, at the
national and international level for
ensuring maritime security;
3. to ensure the early and efficient
collection and exchange of securityrelated information;
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4. to provide a methodology for
security assessments so as to have
in place plans and procedures to
react to changing security levels;
and
5. to ensure confidence that adequate
and proportionate maritime security
measures are in place.
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2. ISPS-kodens “Functional
Requirements”
For å oppnå disse formålene
inneholder koden en rekke
“functional requirements”. Disse
inkluderer, men er ikke begrenset
til:
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1. Gathering and assessing information
with respect to security threats and
exchanging such information with
appropriate Contracting
Governments;
2. Requiring the maintenance of
communication protocols for ships
and port facilities;
3. Preventing unauthorized access to
ships, port facilities and their
restricted areas;
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4. Preventing the introduction of
unauthorized weapons, incendiary
devices or explosives to ships or port
facilities;
5. Providing means for raising the
alarm in reaction to security threats
or security incidents;
6. Requiring ship and port facility
security plans based upon security
assessments; and
7. Requiring training, drills and
exercises to ensure familiarity with
security plans and procedures.
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3. ISPS-kodens
gyldighetsområde
Koden gjelder for:
1. The following types of ships
engaged on international
voyages:
a) Passenger ships, including highspeed passenger craft;
b) Cargo ships, including highspeed craft, of 500 gross tonnage
and upwards; and
c) Mobile offshore drilling
units; and
2. Port facilities serving such ships
engaged on international
voyages.
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4. Ansvaret til myndighetene
(Contracting Governments)
Faktorer som skal tillegges vekt ved
fastsettelsen av sikkerhetsnivået
inkluderer bl.a.:
1. the degree that the threat
information is credible;
2. the degree that the threat
information is corroborated;
3. the degree that the threat
information is specific or imminent;
and
4. the potential consequences of such a
security incident.
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5. Pliktene til rederiet (the
Company)
6. Skipets plikter
Ved sikkerhetsnivå 1 skal de
følgende aktiviteter utføres:
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1. ensuring the performances of all
ship security duties;
2. controlling access to the ship;
3. controlling the embarkation of
persons and their effects;
4. monitoring restricted areas to
ensure that only authorized persons
have access;
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5. monitoring of deck areas and areas
surrounding the ship;
6. supervising the handling of cargo
and ship’s stores; and
7. ensuring that security
communication is readily available.
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7. Skipets
sikkerhetsvurderinger (Ship
Security Assessment)
Skipets sikkerhetsvurderinger
som sikkerhetsplanen skal
baseres på, må inkludere i det
minste følgende elementer:
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1. identification of existing security
measures, procedures and operations;
2. identification and evaluation of key
ship board operations that it is
important to protect;
3. identification of possible threats to
the key ship board operations and
the likelihood of their occurence, in
order to establish and prioritise
security measures; and
4. identification of weaknesses,
including human factors in the
infrastructure, policies and
procedures.
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8. Skipets sikkerhetsplan
(Ship Security Plan)
Skipets sikkerhetsplan skal
adressere minst det følgende:
1. measures designed to prevent
weapons, dangerous substances and
devices intended for use against
people, ships or ports and the
carriage of which is not authorized
from being taken on board the ship;
2. identification of the restricted areas
and measures for the prevention of
unauthorized access;
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3. measures for the preventing of
unauthorized access to the ship;
4. procedures for responding to
security threats or breaches of
security, including provisions for
maintaining critical operations of
the ship of ship/port interface;
5. procedures for responding to any
security instructions Contracting
Governments may give at such level 3;
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6. procedures for evacuation in case of
security threats or breaches of security;
7. duties of shipboard personnel
assigned security responsibilities
and of other shipboard personnel on
security aspects;
8. procedures for auditing the security
activities;
9. procedures for training, drills and
exercises associated with the plan;
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10. procedures for interfacing the port
facility security activities;
11. procedures for the periodic review of
the plan and for updating;
12. procedures for reporting security
incidents;
13. identification of the ship security
officer;
14. identification of the company security
officer including with 24-hour contact
details;
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15. procedures to ensure the inspection, testing,
calibration and maintenance of any security
equipment provided on board, if any;
16. frequency for testing or calibration of any
security equipment provided on board, if any;
17. identification of the locations where the
ship security alert system activation
points are provided; and
18. procedures, instructions and guidance
on the use of the ship security alert
system, including the testing,
activation, deactivation and resetting
and to limit false alerts.
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9. Logger/protokoller
(Records)
10. Rederiets sikkerhetsoffiser
(Company Security Officer)
11. Skipets sikkerhetsoffiser
(Ship Security Officer)
12. Opplæring og øvelser
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13. Havnene
I ISPS-koden er det detaljerte
bestemmelser om det følgende:
1. Port Facility Security
2. Port Facility Security Assessment
3. Port Facility Security Plan
4. Port Facility Security Officer
5. Training, Drills and Exercises on
Port Facility Security
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14. Verifisering og sertifisering
(Verification and
Certification)
15. Situasjonen i EU
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III ISPS klausuler for
tidscertepartier
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1.
BIMCO ISPS klausul
for tidscertepartier
(a)(i) From the date of coming into force of the
International Code for the Security of Ships
and of Port Facilities and the relevant
amendments to Chapter XI of SOLAS (ISPS
Code) in relation to the Vessel and
thereafter during the currency of this
Charter Party, the Owners shall procure
that both the Vessel and ”the Company” (as
defined by the ISPS Code) shall comply with
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the requirements of the ISPS Code relating
to the Vessel and ”the Company”. Upon
request the Owners shall provide a copy of
the relevant International Ship Security
Certificate (or the Interim International
Ship Security Certificate) to the
Charterers. The Owners shall provide the
Charterers with the full style contact
details of the Company Security Officer
(CSO).
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(ii)
Except as otherwise provided in this Charter
Party, loss, damage, expense or delay, excluding
consequential loss, caused by failure on the
part of the Owners or ”the Company” to comply
with the requirements of the ISPS Code or this
Clause shall be for the Owners’ account.
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(b)(i) The Charterers shall provide the CSO and
the Ship Security Officer (SSO)/Master with
their full style contact details and, where
sub-letting is permitted under the terms of
this Charter Party, shall ensure that the
contact details of all sub-charterers are
likewise provided to the CSO and the
SSO/Master. Furthermore, the Charterers
shall ensure that all sub-charter parties they
enter into during the period of this Charter
Party contain the following provision:
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”The Charterers shall provide the Owners
with their full style contact details and,
where sub-letting is permitted under the
terms of the charter party, shall ensure that
the contact details of all sub-charterers are
likewise provided to the Owners”.
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(ii)
Except as otherwise provided in this Charter
Party, loss, damage, expense or delay,
excluding consequential loss, caused by
failure on the part of the Charterers to
comply with this Clause shall be for the
Charterers’ account.
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(c)
Notwithstanding anything else contained in
this Charter Party all delay, costs or expenses
whatsoever arising out of or related to
security regulations or measures required by
the port facility or any relevant authority in
accordance with the ISPS Code including, but
not limited to, security guards, launch
services, tug escorts, port security fees or
taxes and inspections, shall be for the
Charterers’ account, unless such costs or
expenses result solely from the Owners’
negligence. All measures required by the
Owners to comply with the Ship Security Plan
shall be for the Owners’ account.
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(d)
If either party makes any payment which is
for the other party’s account according to
this Clause, the other party shall indemnify
the paying part.
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2. Redervennlig
tilleggsklausul
”Charterers guarantee that the ports to which
they direct the vessel comply at all times while
the vessel is at the port with all requirements of
the ISPS Code. Owners are entitled to refuse to
proceed to a port not complying with the ISPSCode. All costs and consequences arising from or
in connection with calls at ports not complying
with the ISPS Code to be for charterers’
account.”
33
IV ISPS klausuler for
reisecertepartier
1. Intertankos “Security
Measure Clause”
2. BIMCOs ISPS-klausul
34
V USA
1. Maritime
Transportation
Security Act (MTSA)
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2. Sikkerhetsplaner
(Maritime Transportation
Security Plans)
a)
Skipene og havnene (facilities) må
utarbeide sikkerhetsplaner, som:
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•
are consistent with the National and
Area Plans
•
identify a Qualified Individual with
full authority to implement security
actions
•
deter, to the maximum extent
practicable, a transportaton security
incident using contract security
measures
•
describe training and drills
•
include provisions for maintaining
physical and personnel security
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b)
Skipene og havnene (facilities) må
også utarbeide “response”-planer.
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3. Sikkerhetskort,
(Transportation Security
Cards), visum og
sikkerhetsvakter
4. Sikkerhetstiltak i
utenlandske havner
(Foreign Port Assessments)
5. Automatic Identification
Systems
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6. Internasjonale intermodule
transporter
7. Innsendelse av
informasjon til
tollmyndighetene og
immigrasjonsmyndighetene
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VI Spesielle USA
klausuler
1. Reisecertepartier
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a)
BIMCO U.S. Security Clause for
Voyage Chartering:
If the Vessel calls in the United States,
including any U.S. territory, the
following provisions shall apply with
respect to any applicable security
regulations or measures:
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Reporting
The Vessel or its agents shall report and send
all notices as required to obtain entry and
exit clearances from the relevant U.S.
authorities. Any delay caused by the failure
to so report shall be for the Owners´ account,
unless such failure to report is caused by or
attributable to the Charterers or their
representatives or agents including but not
limited to the shipper and/or receiver of the
cargo.
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Clearances
Unless caused by the Owners' negligence,
any delay suffered or time lost in
obtaining the entry and exit clearances
from the relevant U.S. authorities shall
count as laytime or time on demurrage.
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Expenses
Any expenses or additional fees relating
to the cargo, even if levied against the
Vessel, that arise out of security
measures imposed at the loading and/or
discharging port and/or any other port
to which the Charterers order the Vessel,
shall be for the Charterers' account.
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Notice of Readiness
Notwithstanding anything to the
contrary contained in this Charter
Party, the Vessel shall be entitled to
tender Notice of Readiness whether
cleared for entry or not by any relevant
U.S. authority.
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b)
Nordisk Skibsrederforenings
klausul:
U.S. SECURITY MEASURES
If the Vessel is required to call in the
United States, the following provisions
shall apply:
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(a) Notice of Readiness.
At the end of the Vessel's sea passage at
each place or port of loading or
discharge, or upon arrival at any
customary waiting place or any other
place she is ordered to wait, the Vessel
shall be entitled to tender Notice of
Readiness whether anchored or not,
whether in port or not, whether
inspected and/or cleared for entry or not.
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(b) Reporting Requirements.
The Vessel or its agent shall report and
send all notices as required to obtain
entry clearances from the relevant U.S.
authorities. Any delay caused by the
Owner's failure to so report the Vessel for
such clearances shall be for Owner's
account.
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(c) Delays or Time Lost.
Otherwise, notwithstanding anything to
the contrary in this charter, any delay or
time whatsoever lost, whether directly or
indirectly (including consequential
delays), used or spent in inspecting the
Vessel and/or obtaining the required
security clearances from the U.S.
authorities to permit the Vessel to berth
or depart shall count as laytime or time
on demurrage.
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(d) Expenses
If any expenses or additional fees are
incurred at the port related to security
measures or obtaining entry/departure
clearances, same to be for Charterer's
account. Such expenses shall include,
but not be limited to, security guards, a
launch to the vessel, tug escorts, port
security fees and costs of inspection, if
any.
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(e) Pro ration
If more than one cargo is to be loaded or
discharged at the same berth in a U.S.
port, any time lost in berthing (until all
fast at berth, finished mooring at sea
buoy or anchored at designated place for
loading/discharging) or departing from
berth, or any expense or cost incurred,
related to security measures or obtaining
entry clearances shall be prorated on the
basis of the Charterers' cargo quantity to
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be loaded in relation to the total
quantity of cargo to be loaded (or where
Charterers' cargo to be discharged in
relation to total quantity to be
discharged) at the same berth, provided
that a cargo shall not participate in any
pro ration of time lost before a Notice of
Readiness has been tendered therefore,
and further provided that if the cause of
a particular delay or cost is attributable
to Charterers or their cargo, time to
count in full, and the total expense to be
for their account.
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2. Tidscertepartier
a)
Nordisk Skibsrederforenings
klausul:
Notwithstanding any other
provision in this charter to the
contrary, the Vessel shall remain
on hire during any and all delays,
direct or indirect, caused by U.S.
security measures, including
required inspections or
entry/departure clearances.
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b)
BIMCO U.S. Security Clause for
Time Chartering:
If the Vessel calls in the United States,
including any U.S. territory, the
following provisions shall apply with
respect to any applicable security
regulations or measures:
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Notwithstanding anything else contained
in this Charter Party, all costs or
expenses arising out of or related to
security regulations or measures
required by any U.S. authority including,
but not limited to, security guards,
launch services, tug escorts, port
security fees or taxes and inspections,
shall be for the Charterers' account,
unless such costs or expenses result
solely from the Owners' negligence.
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3. “24 Hours Rule” klausul
a)
Bimco U.S. Customs 24 Hours
Rule Clause for Voyage Charter
Parties:
a)
If loading cargo destined for the
U.S. or passing through U.S. ports
in transit, the Charterers shall:
i.
Provide all necessary
information, upon request by
the Owners, to the Owners
and/or their agents to enable
them to submit a timely and
accurate cargo declaration
directly to the U.S. Customs; or
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ii.
If permitted by U.S. Customs
Regulations (19 CFR 4.7) or any
subsequent amendments
thereto, submit a cargo
declaration directly to the U.S.
Customs and provide the Owners
with a copy thereof.
In all circumstances, the cargo
declaration must be submitted to
the U.S. Customs latest 24 hours in
advance of loading.
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b) The Charterers assume liability for
and shall indemnify, defend and
hold harmless the Owners against
any loss and/or damage whatsoever
(including consequential loss and/or
damage) and any expenses, fines,
penalties and all other claims of
whatsoever nature, including but
not limited to legal costs, arising
from the Charterers' failure to
comply with the provisions of subclause (a).
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c) If the Vessel is detained, attached,
seized or arrested as a result of the
Charterers' failure to comply with
the provisions of sub-clause (a), the
Charterers shall provide a bond or
other security to ensure the prompt
release of the Vessel. All time used
or lost until the Vessel is free to
leave any port of call shall count as
laytime or, if the Vessel is already
on demurrage, time on demurrage.
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b)
Bimco U.S. Customs 24 Hours
Rule Clause for Time Charter
Parties:
a)
If loading cargo destined for the
U.S. or passing through U.S. ports
in transit, the Charterers shall:
i.
Provide all necessary
information, upon request by the
Owners, to the Owners and/or
their agents to enable them to
submit a timely and accurate
cargo declaration directly to the
U.S. Customs; or
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ii. If permitted by U.S. Customs
Regulations (19 CFR 4.7) or any
subsequent amendments thereto,
submit a cargo declaration
directly to the U.S. Customs and
provide the Owners with a copy
thereof.
In all circumstances, the cargo
declaration must be submitted to
the U.S. Customs latest 24 hours in
advance of loading.
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b) The Charterers assume liability for
and shall indemnify, defend and
hold harmless the Owners against
any loss and/or damage whatsoever
(including consequential loss and/or
damage) and any expenses, fines,
penalties and all other claims of
whatsoever nature, including but
not limited to legal costs, arising
from the Charterers' failure to
comply with the provisions of subclause (a).
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c) If the Vessel is detained, attached,
seized or arrested as a result of the
Charterers' failure to comply with
the provisions of sub-clause (a), the
Charterers shall provide a bond or
other security to ensure the prompt
release of the Vessel.
Notwithstanding any other
provision in this Charter Party to
the contrary, the Vessel shall
remain on hire.
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4. “U.S. Customs – Trade
Partnership against
Terrorism” klausul
BIMCO's U.S. Customs-Trade Partnership
Against Terrorism (C-TPAT) Clause:
65
The Charterers have voluntarily signed
the C-TPAT Agreement with the U.S.
Customs Service.
The Owners, Master and Crew will use
reasonable efforts to assist the
Charterers to comply with their
obligations under the C-TPAT Agreement.
However, under no circumstances shall
the Owners, Master and Crew be liable
for any delays, losses or damages
howsoever arising out of any failure to
meet the requirements of the C-TPAT
Agreement signed by the Charterers.
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The Charterers agree to indemnify and
hold the Owners, Master and Crew
harmless for any claims made against
the Owners, Master and Crew or for any
delays, losses, damages, expenses or
penalties suffered by the Owners arising
out of the C-TPAT Agreement signed by
the Charterers.
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5. AVSLUTNING
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