USA argues for radical port state powers

Citation

(2003), "USA argues for radical port state powers", Disaster Prevention and Management, Vol. 12 No. 1. https://doi.org/10.1108/dpm.2003.07312aab.004

USA argues for radical port state powers

USA argues for radical port state powers

Existing port state powers are woefully inadequate to prevent terrorists infiltrating or attacking ships and ports, the US government will argue at the International Maritime Organisation today.

It is seeking formal approval of radical proposals for a new, globally enforceable port state control regime for maritime security.

In a written submission, the USA suggests that traditional port state control should be "enhanced" by "allowing inspections to occur outside a port, consistent with principles of international law, so that early intervention is done when necessary".

The USA also wants assurances that in cases where a ship has been in contact with a port facility that violates internationally agreed security requirements, port state control officers have the powers "to adequately detect and deter" a security risk.

Preparations

As the IMO's maritime security working group reconvenes today for a second extraordinary session to continue preparations for a diplomatic conference in December, it will be invited to draft a new regulation on control measures.

The new regulation is expected to deal with communication, inspection and control of foreign-flagged ships and standard implementation procedures. If approved, it will be included in an entirely new, mandatory section on maritime security in the International Convention for Safety Of Life At Sea (Solas).

The US demands met with considerable opposition earlier this year. Many IMO member states are concerned that they go far beyond the controls hitherto developed by the organisation and which are firmly based on existing law of the sea principles.

Ship owners and operators, too, are concerned that the US proposals introduce too much subjectivity.

Inspections

Under the existing Solas provisions, port state control officers may carry out inspections only when the ship concerned is at a port or within internal waters.

In a joint submission to this week's meeting, the International Chamber of Shipping, Bimco, Intertanko, the International Parcel Tanker Association, and the International Council of Cruise Lines warn that the US proposed control measures "may include, but are not limited to, the ship's delay, detention, restriction of operations, expulsion from port, or denial of entry into port".

They demand that any new control measures should include a uniformly agreed mechanism for informing the concerned parties of the measures taken against the ship.

This is also the view of Belgium, Denmark, Finland, France, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal and Spain.

In a joint submission with the European Commission, they insist on "immediate notification in writing" of the concerned parties. They further insist that "for confidentiality and security reasons", port state control officers should not be allowed to see the ship security plan.

Furthermore, existing Solas language specifies that control actions should primarily verify the presence on board of genuine ship certificates and other statutory documents.

Grounds

More detailed inspections may be carried out only if there are clear grounds for believing a violation has occurred. In order to assist the debate, the working group's chairman, Frank Wall of the UK, has prepared a more detailed text for the new Solas regulation which seeks "to make the imposition of control measures for security purposes a predictable process".

(Lloyd's Casualty Week, Vol. 329 No. 12, 13 September 2002).