Maritime (ISPS Code) Regulations 2014: 24. Port Security Conunittee
Maritime (ISPS Code) Regulations 2014: 24. Port Security Conunittee
PART 7 -MISCELLANEOUS
32. Repeal
SCHEDULES-
Schedule 1 ~ International Ship Security Certificate
Schedule 2- Interim International Ship Security Certificate
Schedule 3 - Declaration of Security
Schedule 4-Statemcnt of Compliance of a Port Facility
Schedule 5-0ffences and Penalties
Schedule 6- Fees and Charges
IN exercise of the powers conferred upon me by section 240( 1)(x) of the Maritime TranspOlt
Decree 2013, I hereby make these Regulations-
PART I - PRELIMINARY
Shorl tille (llId cOll/mencement
I. These Regulations may be cited as the Maritime (ISPS Code) Regulations 2014
and shall come into force on 1st JanuaJ)l, 2015.
Purpose
2.-( 1) The objective of these Regulations is to establish a national framework amongst
government agencies, the Authority and the shipping and port industry to detect, access
and take preventative measures against security threats or incidents affecting ships or port
facilities in Fiji used in international trade.
(2) These Rcgulations-
(a) establish the respective roles and responsibilities of all parties concerned
for ensuring maritime security, and the early and efficient collation and
exchange of security related information; and
(b) provide the methodology for security assessments for plans and procedures
to counter changing security levels in Fiji.
interpretation
3.~(l) In these Regulations, unless the context otherwise requires,-
"Authority" means the Maritime Safety Authority of Fiji;
"Administration" means the government of the State whose Flag the ship is
entitled to fly;
"Chief Executive Officer" means the Chief Executive Officer of the Authority
unless expressly provided otherwise in these Regulations;
for operation of the ship from the ship owner and who, on assuming slIch
responsibility, has agreed to take over all duties and responsibility imposed
by these Regulations and the Code;
"Security level 2" (Heightened) means the level applying for as long as there is
a heightened risk of a security incident for which appropriate additional
protective security measures shall be maintained;
"Security level 3" (Exceptional) the level applying for the period of time when
there is the probable or imminent risk of a security incident for which
further specific protective security measures shall be maintained;
"SSO" means the Ship Security Officer on board the ship, accountable to the
master l designated by the Company as responsible for the security of the
ship, including implementation and maintenance of the SSP and for liaison
with the CSO and PFSOs;
"SSP" means the Ship Security Plan developed to ensure the application of
measures on board the ship designed to protect persons on board, cargo,
cargo transport units, ship's stores or the ship from the risks of a security
incident;
"Ship to Ship activity>! means any activity not related to a port facility that
involves the transfer of goods or persons from one ship to another;
"Ship to Port Interface" means the physical, operational, or notional location in
which ships and supporting watercraft engage port facility services.
(2) The term "ship", when used in these Regulations and the Code, includes mobile
offshore drilling units and high-speed craft as defined in Chapter XI-21l.
(3) The term "Contracting Government" in connection with any reference to a port
facility, when used in these Regulations, includes a reference to the "Administration".
(4) Terms not otherwise defined in these Regulations shall have the same meaning as
the meaning attributed to them in Chapters I and XI-2.
Application
4.-(1) These Regulations apply 10-
(3) Notwithstanding sub-regulation (I), the Authority shall decide the extent of
application of these Regulations to port facilities within Fiji which, although used primarily
by ships not engaged in international voyages, which arc also required, occasionally, to
serve ships arriving or departing on an international voyage.
(4) The Authority shall base its decision, on a port facility security assessment carried
out in accordance with these Regulations.
(5) Any decision which the Authority makes shall not compromise the level of security
intended to be achieved by Chapter XI-2 as amended or by these Regulations.
(6) Regulations 8 to 18 and 28 to 31 shall apply to companies and ships as specified
in Chapter XI-214.
(7) Regulations 8 and 20 to 27 shall apply to port facilities as specified in Chapter
XI-2/l0.
(8) Nothing in these Regulations shall prejudice the rights or obligations of the Republic
of Fiji under international law.
(3) The Authority, when setting security level 3, shall issue, as necessary, appropriate
instructions and shall provide security related information to the ships and port facilities
that may be affected.
(4) The Authority may delegate to a RSO certain responsibilities under Chapter XI-2
and these Regulations with the exception of-
la) setting of the applicable security level;
( b) approving a Port Facility Security Assessment and subsequent amendments
to an approved assessment;
Ie) determining the port facilities which will be required to designate a PFSO;
Id) approving a PFSP and subsequent amendments to an approved plan;
(e) exercising control and compliance measures pursuant to Chapter XI-2/9;
and
(I) establishing the requirements for a Declaration of Security.
(5) The Authority shall, to the extent it considers appropriate, test the effectiveness of
the Ship or the Port Facility Security Plans, or of amendments to such plans, it has approved,
or, in the case of ships, of ships security plans which have been approved on its behalf.
Declaration o/Security
8.-(1) The Authority shall determine when a Declaration of Security is required by
sub-regulation (2) by assessing the risk the ship/port interface or ship to ship activity poses
to persons, property or the environment.
(2) A ship can request completion of a Declaration of Security when-
la) the ship is operating at a higher security level than the port facility or
another ship it is interfacing with;
(b) there is an agreement on a Declaration of Security between Contracting
Governments covering certain international voyages or specific ships on
those voyages;
(c) there has been a security threat or a security incident involving the ship or
involving the port facility, as applicable;
Id) the ship is at a port which is not required to have and implement an approved
PFSP; or
Ie) the ship is conducting ship to ship activities with another ship not required
to have and implement an approved SSP.
(3) Requests for the completion of a Declaration of Security under this regulation shall
be acknowledged by the applicable port facility or ship.
(4) The Declaration of Security shall be completed by-
Ia) the master or the SSO on behalf of the ship;
Ih) the PFSO or, if the Authority determines otherwise, by any other body
responsible for shore-side security, on behalf of the port facility.
723
(5) The Declaration of Security shall address the security requirements that could be
shared between a port facility and a ship (or between ships) and shall state the responsibility
for each.
(6) The Authority shall specify, bearing in mind the provisions of Chapter XI- 2/9.2.3
of the Convention, the minimum period for which Declarations of Security shall be kept
by the port facilities located within Fiji.
(7) The Authority shall specify, bearing in mind the provisions of Chapter XI-2/9.2.3
of the Convention, the minimum period for which Declarations of Security shall be kept
by ships entitled to fly their flag.
10.-(1) A ship is required to act upon the security levels set by the Authority as set
in sub-regulations (2), (3) and (4) or as set by the Authority.
(2) At security level 1, the following activities shall be carried out through appropriate
measures, on all ships, taking into account the guidance given in Part B of the Code, in
order to identify and take preventive measures against security incidents-
(a) ensuring the pelformance of all ship security duties;
( b) controlling access to the ship;
(c) controlling the embarkation of persons and their effects;
(d) monitoring restricted areas to ensure that only authorised persons have
access;
(e) monitoring of deck areas and areas surrounding the ship;
(f) supervising the handling of cargo and ship's stores;
(g) ensuring that security communication is readily available; and
(11) ensure liaison with the Port Facility to ensure designated secure area for
inspection and searching of persons, baggage, personal effects, vehicles
and contents can take place during embarking or disembarking the ship.
724
(3) At security level 2, the additional protective measures, specified in the SSP, shall
be implemented for each activity detailed in sub-regulation (2), which may include but are
not limited to the following elements-
(a) assigning additional personnel to patrol deck areas during silent hours to
deter unauthorised access;
(b) limiting the number of access points to the ship, identifying those to be
closed and the means of adequately securing them;
(e) deterring waterside access to the ship, including. for example, in liaison
with the port facility, provision of boat patrols;
(d) establishing a restricted area on the shore-side of the ship, in close co-
operation with the port faciJity;
(e) increasing the frequency and detail of searches of persons, personal effects,
and vehicles being embarked or loaded onto the ship;
(1) escorting visitors on the ship;
(g) providing additional specific security briefings to all ship personnel on any
identified threats, re-emphasising the procedures for reporting suspicious
persons, objects, or activities and stressing the need for increased vigilance;
and
(h) carrying out a full or partial search of the ship.
(4) At security level 3, further specific protective measures, specified in the SSP, shall
be implemented for each activity detailed in sub-regulation (2), which may include but not
limited to the following elements-
(a) limiting access to a single, controlled, access point;
(b) granting access only to those responding to the security incident or threat
thereof;
(c) directions of persons on board;
(d) suspension of embarkation or disembarkation;
(e) suspension of cargo handling operations and deliveries;
(1) evacuation of the ship;
(g) movement of the ship; and
(h) preparing for a full or partial search of the ship.
(5) Whenever security level 2 or 3 is set by the Authority, the ship shall acknowledge
receipt of the instructions on change of the security level.
(6) Prior to entering a port in Fiji or whilst in a port in Fiji that has set security
level 2 or 3, a ship shall acknowledge receipt of this instruction as required under sub-
regulation (5) above and shall confirm to the PFSO the initiation of the implementation of
the appropriate measures and procedures as detailed in the SSP, and in the case of security
725
level 3, instructions issued by the Authority which has set security level 3, The ship shall
report any difficulties in implementation and in such cases, the PFSO and SSO shall liaise
and co-ordinate the appropriate actions.
(7) If a ship is required by the Authority to set, or is already at, a higher security level
than that set for any p0l1 in Fiji it intends to enter or in which it is already located, then the
ship shall advise, without delay, to the Authority of the situation and in such cases, the SSG
shall liaise with the PFSO and co-ordinate appropriate actions, if necessary.
(8) When the Authority requires ships entitled to fly its flag to set security level 2 or 3
in a port of another Contracting Government, the Authority shall inform that Contracting
Government without delay.
(9) When the Authority sets security levels and ensures the provision of security level
information to ships operating in Fiji waters, or the ship has communicated its intention
to enter into Fiji waters, such ships shall be advised to maintain vigilance and report
immediately to the Authority and any nearby coastal States any information that comes to
their attention that might affect maritime security in the area.
(10) When advising such ships of the applicable security level, the Authority shall,
advise those ships of any security measures that they should take and, if appropriate, of
measures that have been taken by the Authority to provide protection against the threat.
Masters discrelioll
11.-(1) The Master shall not be constrained by the Company, the charterer or any
other person from taking or executing any decision which, in the professional judgment of
the Master, is necessary to maintain the safety and security of the ship. This includes denial
of access to persons (except those identified as duly authorised by the Authority) or their
effects and refusal to load cargo, including containers or other closed cargo transport units.
(2) If, in the professional judgment of the Master, a conflict between any safety and
security requirements applicable to the ship arises during its operations, the Master may
give precedence to measures intended to maintain the safety of the ship, and take such
temporary security measures as seem best under all circumstances.
(c) identification of possible threats to the key ship board operations and the
likelihood of their occurrence, in order to establish and prioritise security
measures; and
(13) If the Port State Control Officers duly authorised by a Contracting Government
have clear grounds to believe that the ship is not in compliance with the requirements
of Chapter XJ-2 or Part A of the Code, and the only means to verify or rectify the non-
compliance is to review the relevant requirements of the SSP, limited access to the specific
sections of the plan relating to the non-compliance is exceptionally allowed, but only
with the consent of the Contracting Government of, or the master of, the ship concerned.
Nevertheless, the provisions in the plan relating to sub-regulation (6)(b), (d), (e), (g), (0),
(q) and (r) arc considered as confidential information, and cannot be subject to inspection
unless otherwise agreed by the Administration concerned.
Records and audils
14.-(1) Records of ship's security activities addressed in the SSP, including
Declarations of Security and the record of the ship security level\ shall be maintained onboard
for a period covering at Jeast the previous 10 calls at port facilities or a period specified by
the Administration bearing in mind the provisions of Chapter XI-2/9.2.3 as listed belaw-
(a) training, drills and exercises;
(b) security threats and security incidents;
(c) breaches of security;
(d) changes in security level;
(e) communications relating to the direct security of the ship such as specific
threats to the ship or to p0l1 facilities the ship is, or has been;
(1) internal audits and reviews of security activities~
(g) periodic review of the ship security assessment;
(II) periodic review of the SSP;
(i) implementation of any amendments to the plan; and
(j) maintenance, calibration and testing of any security equipment provided on
board including testing of the ship security alert system.
(2) The records shall be kept in the working language or languages of the ship, and if
the language or languages used are not English, French or Spanish, a translation into one
of these languages shall be included.
(3) The records may be kept in an electronic format, and in such a case, they shall
be protected by procedures aimed at preventing their unauthorised deletion, destruction or
amendment.
(4) The records shall be protected from unauthorised access or disclosure.
Audits
15. SSPs shall be audited at intervals not exceeding 5 years and plans shall be verified
annually for compliance by the Authority or approved RSOs.
729
(5) The eso may participate in the security exercises in conjunction with relevant
Administration, SSO if available, and PFSO, once each calendar year with no more than
18 months intervals in between. to ensure the effective coordination and implementation
of SSPs.
(6) These exercises shall test communications, coordination, resource availability, and
response and may be-
(a) a foil scale or live exercise;
(b) a table top simulation; or
(e) a combined with search and rescue or emergency response exercise.
(5) \\'hen a PFSO is advised that a ship encounters difficulties in complying with
the requirements of Chapter XI-2 as amended or this regulation or in implementing the
appropriate measures and procedures as detailed ill the SSP, and in the case of security
level 3 following any security instructions given by the Authority, the PFSO and SSO shall
liaise and co-ordinate appropriate actions.
(6) \Vhcn a PFSO is advised that a ship is at a security level, which is higher than that
of the port facility, the PFSO shall report the matter to the Authority and shall liaise with
the SSO and co-ordinate appropriate actions, if necessary.
Port lacilfty security (/ssesslllel/f
21.-(1) The port facility security assessment is an essential and integral part of the
process of developing and updating the PFSP.
(2) The port facility security assessment shall be carried out by the Authority, and
the Authority may authorise a RSO to carry out the port facility security assessment of a
specific port facility in Fiji.
(3) When the port facility security assessment has been carried out by a RSO, the
security assessment shaH be reviewed and approved for compliance with this regulation
by the Authority.
(4) The persons carrying out the assessment shall have appropriate skills to evaluate
the security of the p011 facility in accordance with this regulation, taking into account the
following elements-
(a) physical security;
(b) security equipment;
(c) security procedures;
(d) radio communications systems (including IT systems and networks);
(e) transportation infrastructure;
(j) utilities infrastructure;
(g) other areas thal may, jf damaged or used for illicit observation, pose a risk
to persons, property, or operations within the port, port facility or aboard
ships adjacent thereto; and
(II) available expert assistance.
(5) The port tllcility security assessments shall be reviewed and updated, annually
taking into account changing threats and/or minor changes in the port facility and shall
always be reviewed and updated when major changes to the port facility take place.
(6) The p0l1 t~lCility security assessment shall include, at least, the following elements-
(a) identification and evaluation of important assets and infrastructure it is
imp0l1ant to protect;
( b) identification of possible threats to the assets and infrastructure and the
likelihood of their occurrence, in order to establish and prioritise security
measures;
735
(c) implement all security measures and protocols as required by this regulation,
(4) The PFSO may delegate any or all of his or her powers and functions under this
regulation to qualified security officers.
737
(5) In addition to those specified elsewhere in these Regulations, the duties and
responsibilities of the PFSO shall include, but arc not limited to~
(a) conducting an initial comprehensive security survey of the port facility
taking into account the relevant port facility security assessment;
(b) ensuring the completion and timely audit of required security assessments;
(e) ensuring the development, submission, implementation and timely audit of
required security plans;
(d) implementing and exercising the PFSP;
(e) undertaking regular security inspections of the port facility to ensure the
continuation of appropriate security measures;
(1) conducting port security drills and exercises and submitting report to the
Chief Executive Officer;
(g) maintaining all security records for a period of7 years;
(h) recommending and incorporating, as appropriate, modifications to the
PFSP in order to correct deficiencies and to update the plan to take into
account of relevant changes to the port facility;
(i) enhancing security awareness and vigilance of the port facility personnel;
(j) ensuring adequate training has been provided to personnel responsible for
the security of the port facility;
(k) reporting to the relevant authorities and maintaining records of occurrences
which threaten the security of the port facility;
(/) coordinating implementation of the PFSP with the appropriate Company
and SSOs;
(m) cOOl'dinating with security services, as appropriate;
(11) ensuring that standards for personnel responsible for security of the port
facility are met;
(0) ensuring that security equipment is properly operated, tested, calibrated
and maintained, if any; and
(p) assisting SSOs in confirming the identity of those seeking to board the ship
when requested.
(3) In order to ensure the effective implementation of the PI'SP, drills shall be carried
out at least once every 3 months to test all the individual elements of the PFSP. Drills shall
take into account the specific threats and responses identified in the Security Assessment
and the Security Plan and should test individual elements of the plan.
(4) The Chief Exercise Officer of a Port Management Company or a Port Facility
Operator shall ensure that the PFSO carries out security exercises once each calendar year
with no more than 18 months between exercises to test the effectiveness of the PFSP, and
enable the Security Officer to identify any security related deficiencies that need to be
addressed.
(5) Security exercises may be-
la) full scale or live;
(b) tabletop simulation or seminar; or
(e) combined with other exercises.
Records, audits, review al/d amendments
27.-(1) The responsible PFSO shall maintain all security records for a period of 7
years.
(2) The PFSP shall be audited internally by the PFSO and externally by external auditors
approved by the Authority or by the Authority auditors at intervals not exceeding 5 years.
(3) The PFSP shall be verified annually by the Authority or approved RSO.
(4) The PFSP shall be reviewed, updated or amended according to the procedures in
the PFSP by the PFSO, and it should be reviewed-
(a) if the port facility security assessment relating to the port facility is altered;
Ib) if the external audit carried out by the Authority or approved RSO identifies
failings or outdated procedures in PFSP;
(c) following security incidents or threats thereof involving the port facility;
and
Id) following changes in ownership or operational control of the POlt facility.
(5) The PFSO can recommend appropriate amendments to the approved plan following
any review of the plan relating ta-
la) proposed ehanges to security measures of the POlt facility; and
(b) the removal, alteration or replacement of any equipment and systems
essential for maintaining the security of the port facility.
(6) The amendments refened to in sub-regulation (5) shall be submitted to the Authority
for approval.
740
(3) The Authority may request another Contracting Government, to cany out
verification and, if satisfied that regulation 28( 1) arc complied with, shall issue or authorise
the issue of an International Ship Security Certificate to the ship and, where appropriate,
endorse or authorise the endorsement of that certificate on the ship, in accordance with this
regulation -
(a) a copy of the certificate and a copy of the verification report shall be
transmitted as soon as possible to the Authority;
( b) the certificate issued shall contain a statement to the effect that it has been
issued at the request of the Authority. The Cetiificate shall have the same
force and receive the same recognition as the certificate issued under sub-
regulation (I).
(4) The International Ship Security Certificate shall be issued in accordance with the
schedules to these Regulations.
Dllration and validity of cerlific<IIe
30.-(1) The International Ship Security Certificate shall be issued for a period
determined by the Authority or a recognised security organisation and shall not exceed 5
years.
(2) When the renewal verification is completed within 3 months before the expiry date
of the existing certificate, the new cettificate shall be valid from the date of completion
of the verification to a date not exceeding 5 years from the date of expiry of the existing
certificate-
(a) when the renewal verification is completed after the expiry date of the
existing certificate, the new certificate shaH be valid from the date of
completion of the verification to a date not exceeding 5 years from the date
of expiry of the existing certificate;
(b) when the renewal verification is completed more than 3 nl.onths before the
expiry date of the existing certificate, the new certificate shall be valid from
the date of completion of the verification to a date 110t exceeding 5 years.
(3) If the Authority or the RSO issues a certificate for a period of less than 5 years,
the Authority or RSO may extend the validity of the certificate beyond the expiry date to
the maximum 5 year period specified in sub-regulation (1).
(4) If a renewal verification has been completed and a new celiificate cannot be issued
or placed on board the ship before the expiry date of the existing certificate, the Authority
or RSO acting on behalf of the Authority lIlay endorse the existing cettificate and such a
certificate shall be accepted as valid for a further period which shall not exceed 5 months
from the expiry date.
(5) If a ship at the time when a certificate expires is not in a port in which it is to be
verified, the Authority or RSO may extend the period of validity of the certificate but this
extension shall be granted only for the purpose of allowing the ship to complete its voyage
to the port in which it is to be verified, and then only in cases where it appears proper and
reasonable to do so.
742
(6) No certificate shall be extended for a period longer than 3 months, and the ship to
which an extension is granted shall not, on its arrival in the port in which it is to be verified,
be entitled by virtue of such extension to leave that port without having a new certificate.
(7) When the renewal verification is completed, the new certificate sha11 be valid
to a date not exceeding 5 years from the expiry date of the existing certificate before the
extension was granted.
(8) A certificate issued to a ship engaged on short voyages which has not been extended
under the foregoing provisions of this regulation may be extended by the Authority or the
RSO in consultation with the Authority for a maximum grace period of one month from
the date of expiry stated on it.
(9) When the renewal verification is completed, the new certificate shall be valid to
a date not exceeding 5 years from the date of expiry of the existing certificate before the
extension was granted.
(10) If an intelmediate verification is completed before the period specified in regulation
28(1)(c), then-
(a) the expiry date shown all the certificate shaH be amended by endorsement
to a date which shall not be more than 3 years later than the date on which
the intermediate verification was completed;
(b) the expiry date may remain unchanged provided one or more additional
verifications are calTied out so that the maximum intervals between the
verifications prescribed by regulation 28(1) are not exceeded.
(II) A certificate issued under regulation 28 shall cease to be valid in any of the
following cases-
(a) if the relevant verifications are not completed within the periods specified
under regulation 28(1);
(b) if the certificate is not endorsed in accordance with regulation 28( 1)(c) and
sub-regulation (10)(a), if applicable;
(c) when a Company assumes the responsibility for the operation of a ship not
previously operated by that Company; and
(d) upon transfer of the ship to the flag of another State.
(12) In the case of-
(a) a transfer of a Fiji ship to the flag of another Contracting Government, the
Authority shall. as soon as possible. transmit to the receiving Administration
copies of, or all information relating to, the International Ship Security
Certificate canied by the ship before the transfer and copies of available
verification reports; or
(b) a Company that assumes responsibility for the operation of a ship not
previously operated by that Company, the previous Company shall as soon
as possible. transmit to the receiving Company copies of any information
related to the International Ship Security Certificate or to facilitate the
verifications described in regulation 28.
743
Interim certification
31.~(l) The certificates specified in regulation 29 shall be issued only when the
Authority is fully satisfied that the ship complies with the requirements of regulation 29( 1),
but after 1st July, 2004, for the purposes of-
(a) a Fiji ship without a certificate, on delivery Of prior to its entry or re-entry
into service;
(b) transfer of a Fiji ship to the flag of another Contracting Government;
(c) transfer of a Fiji ship to the Flag of a non-Contracting Government; or
(d) when a Company assumes the responsibility for the operation of a ship not
previously operated by that Company,
until the certificate referred to in regulation 29(1) is issued, the Authority may cause an
Interim Intemational Ship Security CCltificate to be issued in accordance with this regulation.
(2) An Interim International Ship Security Certificate shall only be issued when the
Authority or the RSO on behalf of the Authority, has verified that-
(a) the ship security assessment required by these Regulations has been
completed;
(b) a copy of the SSP meeting the requirements of Chapter XI-2 and these
Regulations is provided on board, has been submitted for review and
approval, and is being implemented on the ship;
(c) the ship is provided with a ship security alert system meeting the
requirements of Chapter XI- 216, if required;
(d) the CSO-
(i) has ensured-
(A) the review of the SSP for compliance with this regulation;
(B) that the plan has been submitted for approval;
(C) that the plan is being implemented on the ship; and
(ii) has established the necessary arrangements, including arrangements
for drills, exercises and internal audits, through which the CSO
is satisfied that the ship will successfully complete the required
verification in accordance with regulation 28( 1)(oj, within 6 months;
(e) arrangements have been made for carrying out the required verifications
under regulation 28( 1)(a);
(j) the master, the SSO and other ship'S personnel with specific security
duties arc familiar with their duties and responsibilities as specified in this
regulation, and with the relevant provisions of the SSP placed on board, and
have provided such information in the English language and the working
language of the ship's personnel or languages undel~tood by them; and
(g) the SSO meets the requirements of this regulation.
744
(3) An Interim International Ship Security Certificate shall be valid for 6 months, or
until the certificate required by regulation 29 is issued, whichever comes first, and may not
be extended.
(4) The Authority shall not cause a subsequent, consecutive Interim International
Ship Security Certificate to be issued to a ship if, in the judgment of the Authority or the
RSO in consultation with the Authority, one of the purposes of the ship or a Company in
requesting such certificate is to avoid full compliance with Chapter XI-2 as amended and
these Regulations beyond the period of the initial interim certificate as specified in sub-
regulation (3).
(5) For the purposes of Chapter XI-2/9 (Control and Compliance Measures for Ships),
the Authority may. prior to accepting all Interim International Ship Security Certificate as
a valid certificate, ensure that the requirements of sub-regulation (2)(d), (e) and (j) have
been met.
PART 7 - MISCELLANEOUS
Repeal
32. The Marine (lSPS Code) Regulations 2008 is hereby repealed.
P. TIKODUADUA
Minister for Infrastructure and Transport
745
SCHEDULE I
Certificate No.
THIS IS TO CERTIFY -
1.0 That the security system and any associated security equipment of the ship has been
verified in accordance with Section 19.1 ofPartAofthe ISPS Code;
2.0 That the verification showed that the security system and any associated security
equipment of the ship is in all respects satisfactory and that the ship complies with
the applicable requirements of chapter XI-2 of the SOLAS Convention and Part A of
the ISPS Code;
3.0 That the ship is provided with an approved Ship Security Plan.
Date of initial/renewal verification on which this certificate is based: ............................... .
This Certificate is valid until ............................................................................................... .
subject to verifications in accordance with section 19.1.1 of Part A of the ISPS Code.
Intermediate verification
Signed: .......................................................... .
(*Signature of authorised official)
Place: ............................................................. .
Date: ............................................................. ..
(*Seal or stamp OjiSSllillg authority, as appropriate, must be affixed)
Additional verification
Signed: .......................................................... .
(*Signature of authorised official)
Place: ............................................................. .
Date: .............................................................. .
Additional verification
Signed: .......................................................... .
(*Signature of authorised official)
Place: .......... ".............................................. "..
Date: .............................................................. .
Additional verification
Signed: .......................................................... .
(*Signature of authorised official)
Place: ............................................................. .
Date: .............................................................. .
(**This part afthe certijicate shall be adapted by the Allthority fa indicate whether it has
established additiollal verificatiolls as provided for ill sectioll 19.1.1.4 of Part A of the
lSPS Code)
The ship complies with the relevant provisions ofPal1 Aofthe ISPS Code, and the Certificate
shall, in accordance with section 19.3.3 of Part Aofthe ISPS Code, be accepted as valid until
Signed: ." .... " ......... " ............ " .................. ,,, ... .
(*Signature of authorised official)
Place: ............................................................. .
Date: .............................................................. .
The ship complies with the relevant provisions of Part A of the ISPS Code, and the Certificate
shall, in accordance with section 19.3.4 of Part A of the ISPS Code, be accepted as valid until
This Certificate shall, in accordance with section 19,3.5/19.3.6 (delete where appropriate)
of Part Aofthe ISPS Code, be accepted as valid until.,.", ... "."",."".""., ... """""",,,
Signed: """"""""'"''''''''''''''''''''''''''''''''''''''''
('Signature of authorised official)
Place: """'" """""'"'' """"""""" ",'" """""""
Date:",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,""'"
In accordance with section 19,3,7,1 of Part A of the ISPS Code, the new expiry date*' is
(*'111 case of completion of this part of the certificate, the expiry date shown all the front
of the Certificate shall also be amended accordingly)
SCHEDULE 2
CeI1ificate No.
Under the authority of the GOVERNMENT OF FIJI by the Maritime Safety Authority of Fiji
THIS IS TO CERTIFY THAT the requirements of section A/19.4.2 of the ISPS Code have
been complied with.
This Certificate is valid until ." ........ """"" ... "" ........ """".,, .... ,,
SCHEDULE 3
DECLARATION OF SECURITY
Name of Ship:
Port of Registry:
lMO Number:
Name of Port Facility:
This Declaration of Security is valid from ..... " .............. until ... " .................... , for
the following activities (list the activities with relevant details)-
The port facility and ship agree to the following security measures and responsibilities to
ellsure compliance with the requirements of Part A of the International Code for the Security
of Ships and of Port Facilities.
Handling of cargo
Delivery of ship's stores
Handling unaccompanied baggage
Controlling the embarkation of persons and
their effects
Ensuring that security communication is
readily available between the ship and port
facility
The signatories to this agreement certify that security measures and arrangements for both
the port facility and the ship during the specified activities meet the provisions of chapter
XI-2 and Part A of Code that will be implemented in accordance with the provisions already
stipulated in their approved plan or the specific arrangements agreed to and set out in the
attached annex.
(Signature of Port Facility Security Officer) (Signature of Master or Ship Secnrity Officer)
(*Tlzis form of Declaration of Security is Jor lise between a ship and a port facility. If the
Declaration of Security is to cover hvo ships, this model should be appropriately modified)
Contact Details
(to be completed as appropriate)
(indicate the telephone numbers or the radio channels or frequencies to be used)
For the port facility: IFor the ship:
P0l1 Facility Master
Port Facility Security Officer Ship Security Officer
Company
Company Security Officer
752
SCHEDULE 4
Statement Number
THIS IS TO CERTIFY that the compliance of this port facility with the provisions of
chapter XI-2 and Part A of the International Code for the Security of Ships and of Port
Facilities (ISPS Code) has been verified and that this port facility operates in accordance
with the approved Port Facility Security Plan. This plan has been approved for the following
<specify the types of operations, types of ship or activities or other relevant infonnatioll>
(delete as appropriate):
Passenger ship
Passenger high speed craft
Cargo high speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore Drilling Units
Cargo ships other than those referred to above
This Statement of Compliance is valid until .................. "" .......... "" ...... "'''''" ....... ,, ... , subject
to verifications (as indicated overleaf)
The Government of (insert name of the State) has established that the validity of this
Statement of Compliance is subject to {insert relevant details of the verifications (e.g.
mandatory annual or unscheduled)}.
THIS IS TO CERTIFY that, during a verification carried out in accordance with paragraph
B!l6,62.4 of the ISPS Code, the port facility was found to comply with the relevant
provisions of chapter XI-2 of the SOLAS Convention and Part A of the ISPS Code,
Place: ",' "" """""""" "','" """, "", '"'''''''' """"" '"''''''''''''''''''
Date: ,,, ......... ,"" """ .. " ,,"'" ".".,,,.,,, ... ,,,,,,, " ... ".,'",. ,,".,", .... ,'
754
SCHEDULE 5
(Regulatioll 6)
1.0 Application
Individuals and regulated entities (Le., ships, corporations, contractors,
organisations and port facilities) may be held administratively or criminally
liable for violations of ship and port security laws and regulations. Attempt or
conspiracy to commit a violation constitutes a violation Dfthe underlying offence.
Administrative Offences
2.0 Failure to implement and maintain security plan.
It shall be an administrative offence for a regulated entity to operate without a
valid security plan as required by law, punishable by-
a. $100,000 fine per day of violation;
h. Facility closure;
c. Ship seizure and detention; and
d. Operating LicenseiInternational Ship Security Certificate/Statement of
Compliance revocation.
3.0 Failure to conduct It'aining, drills and exercises
It shall be an administrative offence for a regulated entity to fail to conduct
training, drills and exercises as required by law, punishable by-
a. $50,000 fine per day of violation;
b. Facility closure;
c. Ship seizure and detention; and
d. Operating License/International Ship Security Certificate/Statement of
Compliance revocation.
4.0 Failure to implement and maintain physical security measures
It shall be an administrative offence for a regulated entity to fail to implement
and maintain all physical security measures as required by the security plan,
punishable by-
a. $50 ,000 fine pel' day of violation;
b. Facility closure;
c. Ship seizure and detention; and
d. Operating LicenseiInternational Ship Security Certificate/Statement of
Compliance revocation.
5.0 Failure to implement and maintain operational security measures
It shall be an administrative offence for a regulated entity to fail to implement
and maintain all operational security measures as required by the port facility
security plan, punishable by-
a. $50,000 fine pel' day of violation;
h. Facility closure;
756
SCHEDULE 6
(Regulation 5)
Cost of transportation, meals and accommodations for Auditors shall be borne by the
operators afPort facilities and ship owners and operators.