5 The full and effective implementation of the
provisions of SOLAS chapter XI-2 and
of the ISPS Code requires the full and complete
participation, co-operation and collaboration of all stakeholders.
Each Contracting Government in its capacity as the Administration
has, inter alia, the obligation to ensure that the requirements
of SOLAS chapter XI-2 and the ISPS Code are implemented by the ships entitled
to fly its flag; and that such ships maintain continuous compliance
with their obligations under the aforesaid provisions. Administrations
are also responsible for oversight of the recognized security organizations
they have authorized to act on their behalf.
6 The Control and compliance measures stipulated
in SOLAS regulation XI-2/9 have
been designed to ensure, inter alia, a consistent approach
to the application of the “enforcement” provisions of
the SOLAS chapter XI-2 and of the ISPS Code. SOLAS regulation
XI-2/9.3.1 creates a clear and unambiguous obligation on the
part of any officer who is duly authorized by a Contracting Government
to exercise control (the duly authorized officer), when imposing control
measures or steps against a ship to forthwith inform in writing the
Administration, specifying the control measures imposed or steps taken
and the reasons thereof. Also the Contracting Government imposing
the control measures or steps is required to notify the recognized
security organization, which issued the certificate relating to the
ship concerned, and the Organization when any such control measures
have been imposed or steps taken. In this respect “forthwith”
means without delay by the most expeditious means.
7 The purpose of the aforesaid provision is to
include the Administration as a full partner in the implementation
of SOLAS chapter XI-2 and of the ISPS Code and to enable the Administration to take
any other corrective actions it might deem fit under the prevailing
circumstances (see also paragraph 10 below). Additional amplification
concerning the actions of duly authorized officer and interactions
with the Administration may be found in paragraph 1.13 of the Interim
Guidance on Control and compliance measures to enhance maritime security
adopted by resolution MSC.159(78)
footnote which states:
“When a Contracting Government imposes control measures
on a ship, the Administration should, without delay, be contacted
with sufficient information to enable the Administration to fully
liaise with the Contracting Government (ISPS Code paragraph B/4.35).”
8 The purpose of requiring the Contracting Governments
exercising control and compliance measures to notify the Administration
concerned is not simply a formality. Notification permits the Administration:
- to provide, if necessary, to the Contracting
Governments exercising control and compliance measures, security-related
information about the ship and/or the shipboard personnel or in relation
to any flag State security-related requirements;
- to initiate any additional corrective measures
that it considers necessary with respect to the ship, the shipboard
personnel, the Company and/or its fleet;
- to evaluate and assess the performance of the
recognized security organizations acting on its behalf;
- to consider, based on authoritative information,
the actions of the Contracting Government exercising control and compliance
measures; and
- to communicate and liaise with the State to
which the ship might be proceeding after its departure from the territory
of the Contracting Government exercising control and compliance measures.
9 The Organization is expected, inter alia,
to collate the notification on the control measures or steps taken
by Contracting Governments in the course of Control and compliance
measures and to make them available to the Maritime Safety Committee
for its consideration and appropriate actions.