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REQUIREMENTS
Commander Steve Poulin
Legal Adviser
Port Security Directorate
PHILOSOPHY
- The MTS is Worth Protecting
* Economic Impact
* Ripple Effect
- Security is an All Hands Evolution
*Maximize stakeholder input
- Balance Commerce vs. Security
* Risk-based Approach
* Performance-based Standards
- Maximize Uniformity (nationally
consistency) and Predictability
Applicability
SOLAS - Ships on International Voyages
* Passenger ships
* cargo ships > 500 gt
* MODUs
- Port Facilities serving such ships
(Governments define what constitutes a
port facility, which may include
anchorages and approaches)
MTSA - facilities and vessels that may be involved in
a transportation security incident
- located on or adjacent to waters subject to the
jurisdiction of the U.S.
- MTSA is broader than SOLAS
REGULATORY TIMELINE
SOLAS amendments and ISPS Code
- Entry into force through tacit amendment procedure on 1 July 2004
- Resolution: Efforts to implement must begin as soon as practical
to meet entry into force date
MTSA
- Issue interim final rule (IFR) as soon as practical
- Waives APA
+ 6 months: submit plans for approval
+ 12 months: approved plans
Timing
IFR - June 2003
Plan submittal - Nov 2003
Final rule - Nov 25, 2003
USCG approves plans - NLT 1 Jul 2004
- SOLAS Implementation
- MTSA Requirements
FAMILY OF PLANS
Regulatory Structure
N a t io n a l M a r it im e T r a n s p o r t a t io n S e c u r it y P la n
P o r t S e c u r it y P la n s
F a c ilit y S e c u r it y P la n s
V e s s e l S e c u r it y P la n s
BASIC CONCEPT
(1) Port Security Plan - broad
Vessel and Facility Plan - specific
(2) All plans constructed based on vulnerability assessments
(3) Goal is to mitigate vulnerabilites
(4) Detail specific measures to be implemented at
three MARSEC levels
(5) Issuance of security directives
(6) exercise existing COTP authority when necessary
MARSEC DEFINTIONS
MARSEC 1 - New normalcy; minimum measures that have
to be maintained at all times
MARSEC 2 - Heightened threat of a transportation security
incident; set for as long as threat lasts
MARSEC 3 - Transportation security incident probable
or imminent; envisioned to be set for shorter
period of time
New Math: 3 = 5
MARSEC
HSAS
orange
red
ELEMENTS OF VESSEL
AND
FACILITY SECURITY
PLANS
For Each MARSEC level:
Plan approval:
- Access control
- Restricted Areas
- Handling of Cargo
- Delivery of Stores/supplies
- Security monitoring
- Security duties
Ships - Administration
or RSO
- certificate issued
Port Facilities - Government
Security Officers
Must assign:
Company Security Officer
Ship Security Officer
Facility Security Officer
MTSA - qualified individual to implement measures
*Security officers have key responsibilities for:
- ensuring assessments are done
- ensuring development and implementation of security plan
- training of security personnel
- drills and exercises
CLEAR GROUNDS
- Ship non-compliance
* boarding officer professional judgement
* deficiencies in certificate or security equipment
* ships personnel not familiar with security responsibilities
* subsequent, consecutive interim certificate
- Includes when ship served by non-compliant port facility
- Port state control officer has limited access to ship security plan
- Control measures must be proportionate
- MTSA reinforces control: *cant operate after July 2004 without
approved plan
*foreign port assessment; sanctions
*civil penalties
Recordkeeping Requirements
- Information about last 10 port calls
*security measures and security levels
- Continuous Synopsis Record
- Info on who appoints crew and employment onboard
- Names of charter parties
- Any security incidents
- Training, drills and exercises
- Periodic audits and reviews
QUESTIONS