11 Under SOLAS regulation
XI-2/10.3 Contracting Governments determine when the submission
of a Declaration of Security (DoS) from a ship is to be required by
a port facility. Section A/5.2 of
the ISPS Code specifies when a ship can request a DoS from a port
facility. Paragraphs B/5.1 to B/5.6 of
the ISPS Code offer guidance in relation to DoS. The practice of requiring
or responding to requests for a DoS should be set out in the Port
Facility Security Plan (PFSP) and that on requesting a DoS in the
Ship Security Plan (SSP).
12 Though a ship has to comply with a request
from a port facility to complete a DoS, a port facility does not have
to comply with a request for the completion of a DoS from a ship,
though a request from a ship to complete a DoS has to be acknowledged
by the port facility (section A/5.3 of
the ISPS Code). In the same way another ship does not have to comply
with the request for a DoS though it should acknowledge receipt of
the request (section A/5.3 of the
ISPS Code).
13 The DoS is intended to be used in exceptional
cases usually related to higher risk, when there is a need to reach
an agreement between the port facility and the ship as to the security
measures to be applied during the ship/port interface because, either
the provisions of the PFSP and of the SSP did not envisage the situation
or SOLAS chapter XI-2 and part A of the ISPS Code have not anticipated
the specific circumstances as listed in section
A/5.2 of the ISPS Code. There should be a security-related
reason relating to the specific ship/port interface or ship-to-ship
activity for requiring or requesting completion of a DoS.
14 Experience since entry into force of the special
measures to enhance maritime security has shown that DoS are being
frequently requested by ships, in part because ships anticipate being
requested to produce DoS covering previous port visits or ship-to-ship
activities by duly authorized officers by a Contracting Government
(duly authorized officers) during control and compliance measures
pursuant to the provisions of SOLAS regulation
XI-2/9. However, while a ship can request a DoS the port facility
or other ship is not required to complete one.
15 Unless there are specific security reasons
for doing so relating to the specific ship/port interface or ship-to-ship
activity, a ship should not request a DoS. The circumstances specified
in section A/5.2 of the ISPS Code
should apply. A DoS should not normally be completed if both the ship,
port facility or other ship covered by the ISPS Code are operating
at security level 1.
16 Under section A/5.2 of
the ISPS Code a ship can request completion of a DoS when:
-
.1 the ship is operating at a higher security
level than the port facility or another ship it is interfacing with;
-
.2 there is an agreement on a Declaration of Security
between Contracting Governments covering certain international voyages
or specific ships on those voyages;
-
.3 there has been a security threat or a security
incident involving the ship or involving the port facility, as applicable;
-
.4 the ship is at a port which is not required
to have and implement an approved port facility security plan; or
-
.5 the ship is conducting ship to ship activities
with another ship not required to have and implement an approved ship
security plan.
17 Duly authorized officers can inspect those
DoS that have been completed during the last 10 calls at port facilities
and any evidence that the request by a ship for a DoS, during the
period of the last 10 calls at port facilities, where applicable,
was acknowledged by a port facility or another ship even though the
port facility or the other ship did not comply with the request. Duly
authorized officers should not expect ships to have DoS covering all
previous port calls or ship-to-ship activities.