U.S. Ports - Maritime Security - No ISSC, No Entry

June 2004

1 July will mark full implementation of the International Ship and Port Facility Security (ISPS) Code for vessels on international routes; and the Maritime Transportation Security Act (MTSA) regulations for vessels operating exclusively in the United States, or operating in the United States in conjunction with their international operations under the ISPS code. 

After July 1, 2004, no foreign-flagged vessel will be authorized entry into U. S. waters without a valid International Ship Security Certificate (ISSC)*.

In a recent statement the U.S. Coast Guard said: 

"The U.S. will consistently and aggressively verify implementation of the MTSA and/or ISPS Code on foreign flagged vessels calling at U.S. ports, and will take the appropriate control actions to ensure vessel compliance." 

Verification examinations at U.S. ports will take place both during the day and at night on or after 1 July in order to ensure that all foreign flagged vessels are inspected.

Foreign-flagged vessels operating in U.S. waters: 

• For those vessels that are issued an ISSC before July 1, 2004, operators are highly encouraged to request a pre-enforcement verification exam at the earliest opportunity, as they otherwise may face delays. After July 1, 2004 a large number of vessels will be requesting verification exams, and exams will be conducted on a first-come, first-served basis. Vessels examined during the pre-enforcement phase and verified as ISPS/MTSA compliant may not necessarily be inspected at their first port of call on or after 1 July.
• All vessels holding ISSC’s must undergo a Coast Guard verification exam after July 1, 2004. 
• Those vessels that arrive before 30 June and found in port on 1 July without an ISSC will be expelled from port UNLESS prior to 1 July arrangements have been made for issuance of the ISSC at the US port and the ISSC is, in fact, issued during that port visit.
• "Statements of Compliance" or "Certificates of Compliance" are not acceptable substitutes for an ISSC for vessels subject to SOLAS requirements. 
• Interim Certificates are also not acceptable**

For vessels found to be non-compliant the consequences for that vessel and any other vessels owned operated and/or chartered by the same entity are serious: 

• Vessels will be categorised as ISPS Priority I vessels and subject to "at sea" boardings for at least one year before allowed entry into any U.S. port. 
• As a result, 1-2 day delays should be expected for every port call. 

Security compliance and documentation requirements:

• 96-hour advance notice of arrival must be provided to the National Vessel Movement Center
• Valid ISSC with full implementation of the Ship security Plan (SSP) in place
• Continuous Synopsis Record (CSR) 
• Automatic Identification System (AIS), unless subject to later phase-in timetable  

Training requirements:

• CSO training for company security officers ashore
• SSO training for ship security officers
• Security Awareness training for all other vessel crewmembers. Crew must fully understand the SSP. This is extremely important. Coast guard officers are likely to ask crew hypothetical questions about how they might respond to certain security situations. If crew seem hesitant or uncertain the Coast Guard may then ask to examine the vessel's SSP. (The Coast Guard are not allowed to look at the SSP unless they have clear grounds for believing that the vessel does not comply with its ISSC and is not implementing the SSP)

This article is based on Marine Safety Information Bulletin 07-04 "Implementation Period for ISPS/MTSA Requirements", U.S. Coast Guard document of 4 May 2004 titled "Sitrep 6: Port State Control ISPS/MTSA Enforcement Actions" and Hudson Marine Circular 129-04.

* As at 18 June 2004 the Coast Guard has confirmed that only original ISSCs are acceptable. The following statement has been issued: 

"OCMIs and COTPs could possibly accept a faxed copy, after positively verifying the authenticity of the originator, as an alternative but this will only be done on a very limited case-by-case basis just as we presently do with respect to required SOLAS documents not being onboard. Our Coast Guard policy is you need the original certificates aboard. If you do not have the original certificates onboard you will be subject to port State Control action

Further, if you do not have the original Certificates aboard appropriate port State Control action may very well include termination of cargo operations (restriction of operations), detention of the vessel, or expulsion of the ship from port. Not having an original ISSC onboard will not be treated as only an administrative deficiency."

(Source: Dennis Bryant of Holland & Knight.)

**IMO rejected this concept. There are to be no concessions on the implementation date.