General
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Resolutions - Maritime Safety Committee - Resolution MSC.159(78) - Interim Guidance on Control and Compliance Measures to Enhance Maritime Security - (adopted on 21 May 2004) - Annex - Interim Guidance on Control and Compliance Measures to Enhance Maritime Security - Chapter 6 - Safeguards - General

General

  6.1 In exercising control and compliance measures, the duly authorized officer should ensure that any control measures or steps imposed are proportionate. Such measures or steps should be reasonable and of the minimum severity and duration necessary to rectify or mitigate the non-compliance (ISPS Code paragraph B/4.43).

  6.2 When duly authorized officers exercise control and compliance measures:

  • .1 all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained, or delayed, it shall be entitled to compensation for any loss or damage suffered (regulation XI-2/9.3.5); and

  • .2 necessary access to or disembarkation from the ship shall not be prevented for emergency or humanitarian reasons and for security purposes (regulation XI-2/9.3.5).

  6.3 The control measures and the steps referred to in regulation XI-2/9 and in this Guidance shall only be imposed until the non-compliance giving rise to the control measures or steps has been corrected to the satisfaction of the duly authorized officer, taking into account actions proposed by the ship or the Administration, if any (regulation XI-2/9.3.4).

Parent topic: Chapter 6 - Safeguards
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