Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Annexes

Annex 2 - Security plans

Part 3 - Ship Security Plans and ISSCs

Division 1 - Matters to be dealt with in ship security plan

Purchase

52.	Identification of ship

A ship security plan must be accompanied by a document setting out the following

information about the ship:

(a)	name of the ship;

(b)	the ship's official number;

(c)	the ship's IMO ship identification number (if any);

(d)	any other distinctive numbers or letters that identify the ship;

(e)	type of ship;

(f)	radio call sign;

(g)	date and port of registry;

(h)	year built;

(i)	deadweight tonnage;

(j)	gross registered tonnage;

(k)	length and breath of ship;

(l)	draft forward and aft (full load);

(m)	number of crew;

(n)	number of passenger berths;

(o)	whether the ship is a foreign -going or coasting ship.

53.	Security assessments

A ship security assessment for a South African regulated ship must include the following matters:

(a)	the date when the assessment was completed or reviewed;

(b)	the scope of the assessment, including assets, infrastructure and operations assessed;

(c)	a summary of how the assessment was conducted, including details of the risk management process adopted;

(d)	the skills and experience of the key persons who completed or participated in the assessment;

(e)	the results of the examination and evaluation of the existing shipboard protective measures, procedures and operations;

(f)	a statement outlining the risk context or threat situation for the ship, including consideration of trading routes;

(g)	identification and evaluation of key shipboard operations that need to be protected;

(h)	identification of possible risks or threats to the key shipboard operations and the likelihood and consequences of their occurrence;

(i)	identification of existing security measures, procedures and operations;

(j)	identification of weaknesses (including human factors) in the infrastructure, policies and procedures;

(k)	identification, selection and prioritisation of possible risk treatments (for example countermeasures and procedural changes that need to be implemented) and their effectiveness in inducing risk levels and vulnerabilities.

54.	Ship operator, CSO and SSO

(1)	A ship security plan must be accompanied by a document setting out the following information:

(a)	the name of the ship operator,

(b)	the name of the Chief Executive Officer of the ship operator;

(c)	the name or position of the person who is to be the CSO for the ship;

(d)	a single 24 -hour fixed -line or mobile telephone number for the CSO;

(e)	the name or position of the person who is to be the SSO for the ship.

(2)	A ship security plan may set out duties and responsibilities of a CSO or SSO that are in addition to the duties and responsibilities of a CSO and SSO in sections 11.2 and 12.2, respectively, of Part A of the ISPS Code.

(3)	A ship security plan must set out how the CSO will communicate with the master of the ship if the Director-General or a maritime industry participant acting on behalf of the Director-General—

(a)	gives notice that a maritime security level is in force for the ship; or

(b)	gives a security direction to the ship.

55.	Shore-based personnel and crew with security role

(1)	A ship security plan must identify, by inference to their positions, shore-based personnel and crew with, or who have been assigned, security duties and responsibilities.

(2)	The security duties and responsibilities of personnel and crew so identified must be set out in the plan, together with—

(a)	the knowledge, skills and other requirements for the security-related aspects of their positions; and

(b)	the training or qualifications that satisfy the requirements mentioned in paragraph (a).

56.

Training

A ship security plan must set out the training that a CSO, SSO, and shore-based personnel and crew mentioned in item 55 must receive.

57.	Matters that must be in plan

A ship security plan must address the following matters:

(a)	measures to prevent unauthorised carnage or possession of weapons or prohibited items on board the ship;

(b)	identification of on-board security zones;

(c)	measures to prevent unauthorised access to the ship and any on-board security zones;

(d)	procedures for responding to security threats or breathes of security, including procedures for maintaining critical operations of ship/port interface;

(e)	procedures for responding to any security directions given by the Director-General or to directions given by a port state;

(f)	procedures for evacuation of the ship in case of security threats or breaches of security;

(g)	procedures for drills and exercises associated with the plan;

(h)	procedures for interfacing with port, port service and port facility security activities;

(i)	procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the ship;

(j)	procedures for reporting occurrences that threaten the security of the ship;

(k)	measures to ensure the security of the information contained in the plan.

58.	Maritime security level 1

A ship security plan must set out, in relation to maritime security level 1—

(a)	the security measures identified in the ship security assessment for implementation at that level;

(b)	the measures that have been implemented;

(c)	a schedule for implementing the measures that have not been implemented; and

(d)	any interim measures that will be implemented until the measures mentioned in paragraph (c) are fully implemented.

59.	Maritime security levels 2 and 3

A ship security plan must set out, in relation to maritime security levels 2 and 3—

(a)	the security measures identified in the ship security assessment for implementation at those levels; and

(b)	the additional security measures that the ship will implement if the Director-General declares that maritime security level 2 or 3 is in force for the ship.

60.	Declarations of security

A ship security plan must provide for—

(a)	the circumstances in which the ship will request a declaration of security with another ship or person;

(b)	the procedures for negotiating the security measures and responsibilities of the ship and of the other ship or person in those circumstances; and

(c)	how security measures identified in a declaration will be implemented to ensure compliance by the parties with their security plans and with the declaration.

61.	Security of ship in non-ISPS Code compliant ports

(1)	This item applies if it is envisaged by the ship operator that a South African regulated ship may call at ports or locations that are not port facilities or are port facilities the operators of which are, not required to have, or do not have, security plans.

(2)	A ship security plan must outline specific measures that will be implemented if the ship calls at ports or locations described in subitem (1) so that any risks associated with those ports or locations are not transferred to the ship.

62.	Security of ship in exceptional circumstances

A ship security plan must give sufficient guidance on how the security of the ship will be maintained in exceptional circumstances such as search and rescue operations, humanitarian crises, extreme weather conditions and other emergencies.

63.	Pre-entry information

(1)	A ship security plan for a South African regulated ship that is a foreign-going ship must set out the procedures for giving pre-entry information in accordance with subitems (2) and (3).

(2)	A South African regulated ship that is a foreign-going ship must be ready to give the following information (pre-entry information ) not later than 48 hours before the ship enters South African waters in the course of a voyage:

(a)	the security levels at which the ship operated at ports, and specific periods during which the ship operated at those levels, while conducting ship/port interface;

(b)	any special or additional security measures that were implemented by the ship in any port where it conducted ship/port interface;

(c)	whether appropriate ship security procedures were maintained during any ship to ship activity;

(d)	if ship security procedures mentioned in paragraph (c) were maintained, the procedures and the specific periods during which those procedures were maintained.

(3)	The information described in subitem (2) must be given in relation to the last 10 port calls by the ship.

64.	Maritime transport security incidents

A ship security plan must set out procedures for—

(a)	reporting maritime transport security incidents to the Authority; and

(b)	responding to security threats and breaches of security, including provisions for maintaining critical operations of the ship or ship/port interface.

65.	Security equipment

A ship security plan must—

(a)	include a list of the security equipment on board the ship;

(b)	describe the measures to ensure the inspection, testing, calibration and maintenance of security equipment;

(c)	set out the frequency for testing and calibration of security equipment; and

(d)	set out procedures to ensure that only correctly calibrated security equipment is used on board the ship.

66.	On-board systems

(1)	A ship security plan must include information about the following systems on board the ship:

(a)	external and internal communications systems;

(b)	surveillance, identification, monitoring and reporting systems;

(c)	tracking and positional systems.

(2)	If a ship is provided with a ship security alert system, the ship security plan must—

(a)	describe the operational characteristics of the system;

(b)	describe the ship security alert that will be transmitted from the system;

(c)	describe the performance standards to which the system must conform, being standards not inferior to those adopted by the International Maritime Organisation; and

(d)	set out the procedures, instructions and guidance for using, testing, activating, deactivating and resetting the system, and for preventing false alarms.

67.	Ship security records

A ship security plan must set out—

(a)	the ship security records that are required to be kept on, by and for the ship in accordance with regulation 84;

(b)	a plan for keeping and preserving ship security records; and

(c)	the procedures for making those records available for inspection by a port state in accordance with regulation 84(3).

68.	Security plan audits and reviews