3. The Maritime and Port Authority of Singapore (Port) Regulations are amended by inserting, immediately after regulation 63, the following Part:“PART XVA | Security requirements for ship entering or within port |
63A.—(1) When any ship enters or is within the port, the owner, agent or master of the ship shall ensure that the ship complies with the requirements of Chapter XI-2 of the Safety Convention Regulations and Part A of the ISPS Code that are relevant to the ship, taking into account the guidance given in Part B of the ISPS Code.(2) The Port Master —| (a) | shall communicate the security levels set for, and provide security level information to, any ship that enters or is within the port; and | | (b) | may require the owner, agent or master of the ship to provide the information referred to in regulation 9 (b) of Chapter XI-2 of the Safety Convention Regulations. |
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(3) Any owner, agent or master of a ship who —| (a) | contravenes paragraph (1); or | | (b) | fails to provide any information required by the Port Master under paragraph (2)(b), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
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| Security requirements for port facility |
63B.—(1) The owner or operator of any port facility shall ensure that —| (a) | the port facility complies with the requirements of Chapter XI-2 of the Safety Convention Regulations and Part A of the ISPS Code that are relevant to the port facility, taking into account the guidance given in Part B of the ISPS Code; | | (b) | there is a valid Statement of Compliance issued in respect of the port facility before the port facility is used as such; and | | (c) | the port facility undergoes an intermediate verification exercise in accordance with regulation 63C (3). |
| (2) Any owner or operator of a port facility who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
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63C.—(1) The Authority shall issue a Statement of Compliance in respect of a port facility if, at the date the Statement of Compliance is issued, the port facility complies with —| (a) | the requirements of the ISPS Code that are relevant to the port facility; and | | (b) | such additional requirements as the Authority may impose. |
| (2) Subject to paragraph (4), a Statement of Compliance shall be valid for a period of 5 years from the date it is issued. |
(3) Where a Statement of Compliance has been issued in respect of a port facility —| (a) | the port facility shall undergo an intermediate verification exercise conducted by a recognised security organisation to determine whether, as at the date of the intermediate verification exercise, the port facility complies with —| (i) | the requirements of the ISPS Code that are relevant to the port facility; and | | (ii) | such additional requirements as the Authority may impose; and |
| | (b) | the intermediate verification exercise shall be conducted between 24 months and 36 months from the date the Statement of Compliance is issued. |
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(4) Where it is determined at an intermediate verification exercise that a port facility does not comply with —| (a) | any requirement of the ISPS Code that is relevant to the port facility; or | | (b) | any additional requirement imposed by the Authority, |
| the Authority may suspend the Statement of Compliance until the non-compliance has been rectified or withdraw the Statement of Compliance. |
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| Maintenance of conditions |
63D.—(1) Where a Statement of Compliance has been issued in respect of a port facility, the owner or operator of the port facility shall —| (a) | ensure that all levels of protective security measures and security organisation for the port facility are maintained in accordance with the ISPS Code; | | (b) | ensure that —| (i) | a port facility security plan has been implemented in respect of the port facility; and | | (ii) | the port facility is operated in compliance with the port facility security plan; |
| | (c) | ensure the continuing relevance and accuracy of the port facility security plan; | | (d) | conduct security drills at intervals of not more than 3 months; and | | (e) | conduct security exercises at least once in a year, with not more than 18 months between such exercises. |
| (2) Any owner or operator of a port facility who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
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| Powers of entry and search |
63E.—(1) The Port Master, any authorised officer or any public officer authorised by the Authority may —| (a) | enter, inspect and search any ship or port facility —| (i) | for the purpose of ensuring that the regulations in this Part are complied with; or | | (ii) | if he has reasonable grounds for believing that an offence is being or was committed under the provisions of this Part; and |
| | (b) | seize any evidence of the commission of an offence under the provisions of this Part. |
| (2) No person shall prevent or obstruct the Port Master, any authorised officer or any public officer authorised by the Authority from performing any act under paragraph (1). |
| (3) Any person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. |
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| Submission of information |
63F. Any person who, being required to submit information to the Port Master, any authorised officer or any public officer authorised by the Authority —| (a) | for any purpose under regulations 63A to 63D; or | | (b) | to comply with any requirement of Chapter XI-2 of the Safety Convention Regulations or Part A of the ISPS Code, taking into account the guidance given in Part B of the ISPS Code, |
| submits any information which is false, misleading or inaccurate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.”. |
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