Action to be Taken when Clear Grounds Exist
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 4 - Control of Ships in Port - Action to be Taken when Clear Grounds Exist

Action to be Taken when Clear Grounds Exist

  4.6 When clear grounds exist, a more detailed inspection may be conducted in accordance with the procedures for a more detailed inspection, as described in chapter 5 of this Guidance.

  4.7 When deciding on proportionate control measures following an inspection the duly authorized officer should consider the degree to which the ship is able to:

  • .1 maintain communication with the port facility;

  • .2 prevent unauthorized access to the ship and its restricted areas; and

  • .3 prevent the introduction of unauthorized weapons, incendiary devices or explosives to the ship.

  4.8 The duly authorized officer shall discuss the items indicating non-compliance with the master and/or ship security officer, and endeavour to ensure the rectification of all non-compliant items. If the master or ship security officer are unable to rectify the non-compliance to the satisfaction of the duly authorized officer, that officer may:

  • .1 delay the ship's departure until the non-compliance is rectified (regulation XI-2/9.1.3);

  • .2 restrict ship operations until the non-compliance is rectified when the ship would present an especially serious security hazard if it were to remain in its present location or if it were to continue cargo operations, and the non-compliant items can be rectified in another less hazardous condition or location. Restriction of ship operations may include directing the ship to an alternate location within the port, modification or discontinuing of cargo operations, or expulsion of the ship from port (regulation XI-2/9.1.3); or

  • .3 detain the ship until non-compliant items are rectified when the ship presents an especially serious threat to the security or safety of persons, to the ship, or to other property, and restriction of operations is insufficient to rectify the non-compliant items (regulation XI-2/9.1.3).

  4.9 Such control measures may additionally or alternatively, include other lesser administrative or corrective measures (regulation XI-2/9.1.3).

  4.10 Expulsion from port shall only be imposed when there are clear grounds that the ship poses an immediate threat to the security or safety of persons, or of ships or other property, and there are no other appropriate means for removing that threat (regulation XI-2/9.3.3).

Parent topic: Chapter 4 - Control of Ships in Port
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