11. The principal Regulations are amended by renumbering Chapter XI as Chapter XI-1, and by inserting immediately thereafter the following Chapter:| “Chapter XI-2 — Special Measures to Enhance Maritime Security |
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| Regulation 1 — Definitions |
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| (a) | For the purpose of this Chapter, unless expressly provided otherwise —| “bulk carrier” means a bulk carrier as defined in Regulation 1 of Chapter IX; |
| “chemical tanker” means a chemical tanker as defined in Regulation 8 (b) of Chapter VII; |
| “Company” means a Company as defined in Regulation 1 of Chapter IX; |
| “Contracting State”, when used in Regulations 3, 4, 7 and 10 to 13, includes a reference to the Designated Authority; |
| “Designated Authority” means the Authority, which shall be responsible for ensuring the implementation of the provisions of Part XVA of the Port Regulations; |
| “gas carrier” means a gas carrier as defined in Regulation 11 (b) of Chapter VII; |
| “high speed craft” means a high speed craft as defined in Regulation 1 of Chapter X; |
“International Ship and Port Facility Security Code” or “ISPS Code” means the International Code for the Security of Ships and of Port Facilities consisting of Part A (the provisions of which shall be treated as mandatory) and Part B (the provisions of which shall be treated as recommendations), as adopted on 12th December 2002 by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974, and as may be amended by —| (a) | amendments made by the Organisation to Part A of the ISPS Code that are adopted and brought into force, and that take effect, in accordance with article VIII of the Convention concerning the amendment procedures applicable to the Annex other than Chapter I; and | | (b) | amendments made by the Organisation to Part B of the ISPS Code that are adopted by the Maritime Safety Committee in accordance with its Rules of Procedure; |
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| “mobile offshore drilling unit” means a mechanically propelled mobile offshore drilling unit, as defined in Regulation 1 of Chapter IX, that is not on location; |
| “oil tanker” means an oil tanker as defined in Regulation 2 (l) of Chapter II-1; |
| “port facility” means a location, as determined by the Designated Authority, where the ship/port interface takes place, and includes, where appropriate, an area such as an anchorage, a waiting berth or an approach from seaward; |
| “Port Regulations” means the Maritime and Port Authority of Singapore (Port) Regulations (Cap. 170A, Rg 7); |
| “recognised security organisation” means an organisation with appropriate expertise in security matters and appropriate knowledge of ship and port operations that is authorised by the Authority to carry out an assessment, a verification, or an approval or certification activity required by this Chapter or by Part A of the ISPS Code; |
“security incident” means any suspicious act or circumstance threatening the security of —| (a) | a ship (including a mobile offshore drilling unit or a high speed craft); | | (b) | a port facility; or | | (c) | any ship/port interface or ship to ship activity; |
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| “security level” means the level of risk that a security incident will be attempted or will occur; |
| “ship”, when used in Regulations 3 to 13, includes a mobile offshore drilling unit or a high speed craft; |
| “ship to ship activity” means any activity not related to a port facility that involves the transfer of persons or goods from one ship to another; |
| “ship/port interface” means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods to or from the ship, or the provision of port services to the ship. |
| | (b) | In the ISPS Code, “declaration of security” means an agreement between a ship and a port facility or another ship with which it interfaces specifying the security measures that each will implement. |
| Regulation 2 — Application |
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| (a) | This Chapter applies to —| (i) | the following types of ships engaged on international voyages:| (1) | passenger ships, including high speed passenger craft; | | (2) | cargo ships, including high speed craft, of not less than 500 tons; and | | (3) | mobile offshore drilling units; and |
| | (ii) | port facilities serving such ships engaged on international voyages. |
| | (b) | Application to port facility used primarily by ships not engaged on international voyages| (i) | Notwithstanding paragraph (a)(ii), the Designated Authority shall decide the extent to which this Chapter and the relevant sections of Part A of the ISPS Code shall apply to any port facility in Singapore which, although used primarily by ships not engaged on international voyages, is required occasionally to serve ships arriving or departing on an international voyage. | | (ii) | In making a decision under sub-paragraph (i), the Designated Authority shall rely on a port facility security assessment carried out in accordance with the provisions of Part A of the ISPS Code. | | (iii) | Any decision made by the Designated Authority under sub-paragraph (i) shall not compromise the level of security intended to be achieved by this Chapter or by Part A of the ISPS Code. |
| | (c) | This Chapter does not apply to any warship, naval auxiliary or other ship owned or operated by a Contracting State and used only on Government non-commercial service. | | (d) | Nothing in this Chapter shall prejudice the rights or obligations of any Contracting State under international law. |
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| Regulation 3 — Obligations of Contracting State with respect to Security |
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| (a) | The Director shall —| (i) | set the security levels for, and ensure the provision of security level information to, Singapore ships; and | | (ii) | when changes in the security level occur, ensure that the security level information is updated as the circumstances dictate. |
| | (b) | The Designated Authority shall —| (i) | set security levels for, and ensure the provision of security level information to, port facilities within Singapore and ships prior to entering, or while in, a port in Singapore; and | | (ii) | when changes in the security level occur, ensure that the security level information is updated as the circumstances dictate. |
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| Regulation 4 — Requirements for Company and Ship |
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| (a) | Every Company shall comply with the relevant requirements of this Chapter and of Part A of the ISPS Code, taking into account the guidance given in Part B of the ISPS Code. | | (b) | Every ship shall comply with the relevant requirements of this Chapter and of Part A of the ISPS Code, taking into account the guidance given in Part B of the ISPS Code, and such compliance shall be verified and certified as provided for in Part A of the ISPS Code. | | (c) | Prior to entering, or while in, a port within the territory of a Contracting State, a ship shall comply with the requirements for the security level set by that Contracting State, if that security level is higher than the security level set by the Director for that ship. | | (d) | Every ship shall respond without undue delay to any change to a higher security level. | | (e) | Where a ship —| (i) | is not in compliance with the requirements of this Chapter or of Part A of the ISPS Code; or | | (ii) | cannot comply with the requirements of the security level set by the Director or by another Contracting State that are applicable to that ship, |
| the ship shall notify the appropriate competent authority of the non-compliance or inability to comply prior to conducting any ship/port interface or prior to entry into port, whichever occurs earlier. |
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| Regulation 5 — Specific Responsibility of Company |
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| The Company shall ensure that the master of the ship has available on board, at all times, information through which officers duly authorised by a Contracting State can establish — |
| (i) | who is responsible for appointing the members of the crew or other persons currently employed or engaged on board the ship in any capacity in the business of that ship; | | (ii) | who is responsible for deciding the employment of the ship; and | | (iii) | in a case where the ship is employed under the terms of one or more charterparties, who the parties to each charterparty are. |
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| Regulation 6 — Ship Security Alert System |
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| (a) | Every ship shall be provided with a ship security alert system as follows:| (i) | any ship that is constructed on or after 1st July 2004 shall be provided with a ship security alert system when constructed; | | (ii) | any passenger ship, including any high speed passenger craft, that is constructed before 1st July 2004 shall be provided with a ship security alert system not later than the first survey of its radio installation after 1st July 2004; | | (iii) | any oil tanker, chemical tanker, gas carrier, bulk carrier or cargo high speed craft —| (1) | that is of not less than 500 tons; and | | (2) | that is constructed before 1st July 2004, |
| shall be provided with a ship security alert system not later than the first survey of its radio installation after 1st July 2004; |
| | (iv) | any —| (1) | other cargo ship of not less than 500 tons; or | | (2) | mobile offshore drilling unit, |
| that is constructed before 1st July 2004 shall be provided with a ship security alert system not later than the first survey of its radio installation after 1st July 2006. |
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| | (b) | The ship security alert system, when activated, shall —| (i) | initiate and transmit a ship-to-shore security alert —| (1) | identifying the ship and its location; and | | (2) | indicating that the security of the ship is under threat or has been compromised, |
| to a competent authority designated by the Director, which may, in the circumstances, include the Company; |
| | (ii) | not send the security alert to any other ships; | | (iii) | not raise any alarm on board the ship; and | | (iv) | continue the security alert until deactivated or reset. |
| | (c) | The ship security alert system shall —| (i) | be capable of being activated from the navigation bridge and at least one other location; and | | (ii) | conform to performance standards not inferior to those adopted by the Organisation. |
| | (d) | The ship security alert system activation points shall be designed so as to prevent the inadvertent initiation of the security alert. | | (e) | The requirement for a ship security alert system may be complied with by using the radio installation fitted for compliance with the requirements of Chapter IV, provided all requirements of this Regulation are complied with. |
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| Regulation 7 — Threats to Ship |
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| (a) | The Director shall set the security levels for, and ensure the provision of security level information to, any ship that is operating in, or that has communicated an intention to enter, Singapore or its territorial sea. | | (b) | The Director shall provide a point of contact through which any ship referred to in paragraph (a) can request advice or assistance, and to which any such ship can report any security concerns about any other ship, movement or communication. | | (c) | Where a risk of attack has been identified, the Director shall advise each ship concerned, and the Contracting State whose flag that ship is entitled to fly, of —| (i) | the current security level; | | (ii) | any security measure that should be put in place by the ship concerned to protect it from attack, in accordance with the provisions of Part A of the ISPS Code; and | | (iii) | any appropriate security measure that the coastal State has decided to put in place. |
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| Regulation 8 — Master’s Discretion for Ship Safety and Security |
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| (a) | The master of a ship shall not be constrained by the Company, the charterer or any other person from taking or executing any measure which, in the professional judgment of the master, is necessary to maintain the safety and security of the ship, including —| (i) | the denial of access to any person (except any person identified as duly authorised by a Contracting State) or his effects; or | | (ii) | the refusal to load any cargo, including any container or other closed cargo transport unit. |
| | (b) | If, in the professional judgement of the master, a conflict arises during the operations of a ship between any safety requirement and any security requirement applicable to the ship, the master shall give effect to the requirement necessary to maintain the safety of the ship. In such a case, the master —| (i) | may implement temporary security measures, which shall, to the highest possible degree, be commensurate with the prevailing security level; and | | (ii) | shall forthwith inform the Director and, if appropriate, the Contracting State whose port the ship is operating in or intends to enter. |
| | (c) | When any case referred to in paragraph (b) is identified, the Director shall ensure that —| (i) | the conflict is resolved; and | | (ii) | the possibility of the conflict recurring is minimised. |
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| Regulation 9 — Control and Compliance Measures |
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| (a) | Control of ship in port| (i) | For the purposes of this Chapter, every ship to which this Chapter applies shall be subject to control, when in a port of another Contracting State, by officers duly authorised by that Contracting State, who may be the same officers as those carrying out the functions of Regulation 19 of Chapter I. Such control shall be limited to verifying whether there is, on board the ship —| (1) | a valid International Ship Security Certificate; or | | (2) | a valid Interim International Ship Security Certificate, |
| issued under the provisions of Part A of the ISPS Code (referred to in this Regulation as a Certificate). If the Certificate is valid, it shall be accepted, unless there are clear grounds for believing that the ship is not in compliance with the requirements of this Chapter or Part A of the ISPS Code. |
| | (ii) | Where —| (1) | there are clear grounds for believing that a ship is not in compliance with the requirements of this Chapter or Part A of the ISPS Code; or | | (2) | no valid Certificate is produced in respect of a ship when required, |
| the officers duly authorised by the Contracting State may impose, in relation to that ship, any control measure referred to in sub-paragraph (iii), or any combination of such control measures, that is proportionate, taking into account the guidance given in Part B of the ISPS Code. |
| | (iii) | For the purposes of sub-paragraph (ii), the control measures are as follows:| (1) | inspection, delaying or detention of the ship; | | (2) | restriction of the ship’s operations, including movement, within the port; | | (3) | expulsion of the ship from the port; | | (4) | any lesser administrative or corrective measure. |
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| | (b) | Ship intending to enter Singapore| (i) | For the purposes of this Chapter, the Director may require any ship intending to enter Singapore to provide, prior to entry into the port, the following information to officers duly authorised by the Director to ensure compliance with this Chapter, so as to avoid the need to impose control measures or steps:| (1) | that the ship possesses a valid Certificate and the name of the issuing authority of the Certificate; | | (2) | the security level at which the ship is currently operating; | | (3) | the security level at which the ship operated in any port where it had previously conducted a ship/port interface within the timeframe specified in sub-paragraph (iii); | | (4) | any special or additional security measure that was taken by the ship in any port where it had previously conducted a ship/port interface within the timeframe specified in sub-paragraph (iii); | | (5) | that the appropriate ship security procedures were maintained during any ship to ship activity within the timeframe specified in sub-paragraph (iii); | | (6) | other practical security-related information (but not the details of the ship security plan), taking into account the guidance given in Part B of the ISPS Code. |
| If requested by the Director, the ship or the Company shall provide confirmation, in a form acceptable to the Director, of such information. |
| | (ii) | Every ship to which this Chapter applies that intends to enter the port of another Contracting State shall, at the request of any officer duly authorised by that Contracting State, provide the information described in sub-paragraph (i). The failure to provide such information may result in the ship being denied entry into the port. | | (iii) | A ship shall keep records of the information referred to in sub-paragraph (i) for its last 10 calls at port facilities. | | (iv) | If, after receiving the information referred to in sub-paragraph (i), the officers duly authorised by the Director have clear grounds for believing that a ship has not complied with the requirements of this Chapter or Part A of the ISPS Code, the officers shall attempt to establish communication with and between the ship and the Contracting State whose flag the ship is entitled to fly in order to rectify the non-compliance. If such communication does not result in the rectification of the non-compliance, or if the officers have other clear grounds for believing that the ship has not complied with the requirements of this Chapter or Part A of the ISPS Code, the officers may take the steps referred to in sub-paragraph (v) in relation to that ship. Any such step that is taken must be proportionate, taking into account the guidance given in Part B of the ISPS Code. | | (v) | For the purposes of sub-paragraph (iv), the steps are as follows:| (1) | requiring the rectification of the non-compliance; | | (2) | requiring the ship to proceed to a location within Singapore specified by the Director; | | (3) | inspecting the ship, if the ship is in the territorial sea of Singapore; | | (4) | denying the ship entry into the port. |
| Prior to initiating any such step, the Director shall inform the ship of his intentions. If, upon being informed by the Director, the master withdraws the intention to enter the port, no such step shall be taken against the ship. |
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| | (c) | Additional provisions| (i) | In the event that —| (1) | any control measure referred to in paragraph (a)(iii), other than any lesser administrative or corrective measure, is imposed; or | | (2) | any step referred to in paragraph (b)(v) is taken, |
| in relation to a ship, an officer duly authorised by the Director shall forthwith inform in writing the Contracting State whose flag that ship is entitled to fly of every control measure imposed and step taken, and the reasons therefor. The Director shall also notify the recognised security organisation which issued the Certificate relating to that ship and the Organisation when any such control measure has been imposed or any such step has been taken. |
| | (ii) | When a ship is denied entry into the port or is expelled from the port, the Director shall communicate the relevant facts to the authorities of the State of the next port of call, if known, and any other appropriate coastal States, taking into account guidelines to be developed by the Organisation. The confidentiality and security of any such communication shall be ensured. | | (iii) | A ship shall be denied entry into the port under paragraph (b)(iv) and (v), or expelled from the port under paragraph (a)(ii) and (iii), only if the officers duly authorised by the Director have clear grounds to believe that —| (1) | the ship poses an immediate threat to the security or safety of persons, ships or other property; and | | (2) | there are no other appropriate means for removing that threat. |
| | (iv) | Where —| (1) | any control measure referred to in paragraph (a)(iii) has been imposed; or | | (2) | any step referred to in paragraph (b)(v) has been taken, |
| in respect of any failure by a ship to comply with the requirements of this Chapter or Part A of the ISPS Code, the control measure or step shall cease once the failure to comply has been corrected to the satisfaction of the Director, taking into account the actions proposed by the ship or the Contracting State whose flag the ship is entitled to fly, if any. |
| | (v) | Where the Director exercises control under paragraph (a) or takes any step under paragraph (b) —| (1) | all possible efforts shall be made to avoid a ship being unduly detained or delayed; | | (2) | if a ship is thereby unduly detained or delayed, the ship shall be entitled to compensation for any loss or damage suffered; and | | (3) | necessary access to the ship for emergency or humanitarian reasons, or for security purposes, shall not be prevented. |
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| Regulation 10 — Requirements for Port Facilities |
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| The security requirements in respect of port facilities are as set out in Part XVA of the Port Regulations. |
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| Regulation 11 — Alternative Security Agreements |
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| (a) | The Director may, when implementing this Chapter and Part A of the ISPS Code, conclude in writing a bilateral or multilateral agreement with any other Contracting State on alternative security arrangements for short international voyages on fixed routes between a Singapore port facility and a port facility located within the territory of that Contracting State. | | (b) | Any such agreement shall not compromise the level of security of other ships or port facilities not covered by the agreement. | | (c) | No ship covered by such an agreement shall conduct any ship-to-ship activity with any ship not covered by the agreement. | | (d) | Each such agreement shall be reviewed periodically, taking into account the experience gained as well as any change in the particular circumstances, or the assessed threats to the security, of the ships, port facilities or routes covered by the agreement. |
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| Regulation 12 — Equivalent Security Arrangements |
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| (a) | The Director may allow any particular Singapore ship or group of Singapore ships to implement other security measures equivalent to those prescribed in this Chapter or in Part A of the ISPS Code, if such security measures are at least as effective as those prescribed in this Chapter or Part A of the ISPS Code. If the Director allows the implementation of such security measures, he shall communicate to the Organisation the particulars thereof. | | (b) | When implementing this Chapter and Part A of the ISPS Code, the Director may allow any particular port facility or group of port facilities in Singapore, other than any port facility covered under an agreement concluded under Regulation 11, to implement security measures equivalent to those prescribed in this Chapter or in Part A of the ISPS Code, if such security measures are at least as effective as those prescribed in this Chapter or Part A of the ISPS Code. If the Director allows the implementation of such security measures, he shall communicate to the Organisation the particulars thereof. |
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| Regulation 13 — Communication of Information |
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| The Director shall make available for the information of every Company and ship —| (i) | the names and contact details of their national authorities responsible for ship and port facility security; | | (ii) | the locations in Singapore covered by the approved port facility security plans; | | (iii) | the names and contact details of the persons who have been designated to be available at all times to receive and act on the ship-to-shore security alerts referred to in Regulation 6(b)(i); | | (iv) | the names and contact details of the persons who have been designated to be available at all times to receive and act on any communication from any Contracting State relating to the exercise of any control measure or step referred to in Regulation 9(c)(i); and | | (v) | the names and contact details of the persons who have been designated to be available at all times to provide advice or assistance to ships, and to whom any ship can report any security concern, referred to in Regulation 7(b).”. |
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