Clear Grounds Established from that Assessment
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 3 - Ships Intending to Enter a Port of Another Contracting Government - Clear Grounds Established from that Assessment

Clear Grounds Established from that Assessment

  3.4 If the assessment of the available information relating to the ship establishes clear grounds for believing that the ship is in non-compliance with the requirements of chapter XI-2 or part A of the ISPS Code, the Contracting Government shall attempt to establish communication with and between the ship and the Administration and/or the recognized security organization in order to rectify the non-compliance (regulation XI-2/9.2.4).

  3.5 If communication under paragraph 3.4 above does not result in rectification, or if the Contracting Government has clear grounds otherwise for believing that the ship is in non-compliance with the requirements of chapter XI-2 or part A of the ISPS Code, the Contracting Government may:

  • .1 allow the ship entry into port knowing that clear grounds exist;

  • .2 require the ship to proceed to a location specified in the territorial sea or internal waters of that Contracting Government (regulation XI-2/9.2.5.2);

  • .3 inspect the ship in its territorial waters (regulation XI-2/9.2.5.3), prior to entry into port;

  • .4 deny the ship entry into port (regulation XI-2/9.2.5.4).

  3.5.1 Paragraphs 3.8 to 3.8.4.1 below outline the action which may be taken when clear grounds exist.

  3.6 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 XI-2/9 shall not apply (regulation XI-2/9.2.5).

Parent topic: Chapter 3 - Ships Intending to Enter a Port of Another Contracting Government
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