2.1 For the purpose of this chapter, a Contracting
Government may require that ships intending to enter its ports provide
the following information to officers duly authorized by that Government
to ensure compliance with this chapter prior to entry into port with
the aim of avoiding the need to impose control measures or steps:
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.1 that the ship possesses a valid Certificate
and the name of its issuing authority;
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.2 the security level at which the ship is currently
operating;
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.3 the security level at which the ship operated
in any previous port where it has conducted a ship/port interface
within the timeframe specified in paragraph 2.3;
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.4 any special or additional security measures
that were taken by the ship in any previous port where it has conducted
a ship/port interface within the timeframe specified in paragraph
2.3;
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.5 that the appropriate ship security procedures
were maintained during any ship to ship activity within the timeframe
specified in paragraph 2.3; or
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.6 other practical security related information
(but not details of the ship security plan), taking into account the
guidance given in part B of the ISPS
Code.
If requested by the Contracting Government, the ship or
the Company shall provide confirmation, acceptable to that Contracting
Government, of the information required above.
2.2 Every ship to which this chapter applies intending
to enter the port of another Contracting Government shall provide
the information described in paragraph 2.1 on the request of the officers
duly authorized by that Government. The master may decline to provide
such information on the understanding that failure to do so may result
in denial of entry into port.
2.3 The ship shall keep records of the information
referred to in paragraph 2.1 for the last 10 calls at port facilities.
2.4 If, after receipt of the information described
in paragraph 2.1, officers duly authorized by the Contracting Government
of the port in which the ship intends to enter have clear grounds
for believing that the ship is in non-compliance with the requirements
of this chapter or part A of the ISPS
Code, such officers shall attempt to establish communication with
and between the ship and the Administration in order to rectify the
non-compliance. If such communication does not result in rectification,
or if such officers have clear grounds otherwise for believing that
the ship is in non-compliance with the requirements of this chapter
or part A of the ISPS Code, such officers may take steps in relation
to that ship as provided in paragraph 2.5. Any such steps taken must
be proportionate, taking into account the guidance given in part B of the ISPS Code.
2.5 Such steps are as follows:
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.1 a requirement for the rectification of the
non-compliance;
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.2 a requirement that the ship proceed to a location
specified in the territorial sea or internal waters of that Contracting
Government;
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.3 inspection of the ship, if the ship is in the
territorial sea of the Contracting Government the port of which the
ship intends to enter; or
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.4 denial of entry into port.
Prior to initiating any such steps, the ship shall be informed
by the Contracting Government of its intentions. Upon this information
the master may withdraw the intention to enter that port. In such
cases, this regulation shall not apply.