25 Clarification was also sought on the interpretation
of the term “immediate threat” found in SOLAS regulation XI-2/9.3.3.
26 On the question of what was understood to be
an “immediate threat” in regulation
XI-2/9.3.3, the Committee agreed that this could cover two
scenarios: firstly, that the ship did not comply with the provisions
of SOLAS chapter XI-2 and part A of the ISPS Code and therefore was
considered to be a threat, or secondly, as in paragraph 23 above,
intelligence or other information had been received indicating that
the ship posed an immediate threat or was under threat itself. The
Committee recognized that there may be other scenarios where, under
international law, Contracting Governments could take additional measures
outside of SOLAS regulation XI-2/9 for
national security or defence, even if a ship fully complied with SOLAS chapter XI-2 and part
A of the ISPS Code.