Establishment of Clear Grounds
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 - Establishment of Clear Grounds

Establishment of Clear Grounds

  4.5 Examples of possible clear grounds under regulations XI-2/9.1 and XI-2/9.2 may include, when relevant:

  • .1 evidence from a review of the ISSC or the Interim ISSC that it is not valid or it has expired (ISPS Code paragraph B/4.33.1);

  • .2 evidence or reliable information that serious deficiencies exist in the security equipment, documentation or arrangements required by chapter XI-2 and part A of the ISPS Code (ISPS Code paragraph B/4.33.2);

  • .3 a report or complaint which, in the professional judgment of the duly authorized officer, contains reliable information clearly indicating that the ship does not comply with the requirements of chapter XI-2 or part A of the ISPS Code (ISPS Code paragraph B/4.33.3);

  • .4 evidence or observation gained by a duly authorized officer using professional judgment that the master or ship's personnel are not familiar with essential shipboard security procedures or cannot carry out drills related to the security of the ship or that such procedures or drills have not been carried out (ISPS Code paragraph B/4.33.4);

  • .5 evidence or observation gained by the duly authorized officer using professional judgment that key members of the ship's personnel are not able to establish proper communication with any other key members of ship's personnel with security responsibilities on board the ship (ISPS Code paragraph B/4.33.5);

  • .6 evidence or reliable information that the ship has embarked persons, or loaded stores or goods at a port facility or from another ship where either the port facility or the other ship is in violation of chapter XI-2 or part A of the ISPS Code, and the ship in question has not completed a Declaration of Security, nor taken appropriate, special or additional security measures or has not maintained appropriate ship security procedures (ISPS Code paragraph B/4.33.6);

  • .7 evidence or reliable information that the ship has embarked persons, or loaded stores or goods at a port facility or from another source (e.g., another ship or helicopter transfer) where either the port facility or the other source is not required to comply with chapter XI-2 or part A of the ISPS Code, and the ship has not taken appropriate, special or additional security measures or has not maintained appropriate security procedures (ISPS Code paragraph B/4.33.7); and

  • .8 if the ship holds a subsequent, consecutively issued Interim ISSC as described in section A/19.4 of the ISPS Code, and if, in the professional judgment of an officer duly authorized, one of the purposes of the ship or a Company in requesting such a certificate is to avoid full compliance with chapter XI-2 and part A of the ISPS Code beyond the period of the initial interim ISSC as described in section A/19.4.4 of the ISPS Code (ISPS Code paragraph B/4.33.8).

Parent topic: Chapter 4 - Control of Ships in Port
Copyright 2022 Clasifications Register Group Limited, International Maritime Organization, International Labour Organization or Maritime and Coastguard Agency. All rights reserved. Clasifications Register Group Limited, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as 'Clasifications Register'. Clasifications Register assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Clasifications Register entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract.