International Ship and Port Facility Security Code (ISPS Code)
Following on from the terrorism events on 11 September 2001, the International Maritime Organization (IMO) agreed to develop security measures applicable to ships and port facilities. These security measures have been included as amendments to the Safety of Life at Sea Convention, 1974 (SOLAS Convention) to which Australia is a party (Chapter XI-2). The ISPS code is associated with this new chapter. Part A of the Code is mandatory and Part B recommendatory.
Contracting governments to the SOLAS Convention finalised the text of the preventative maritime security regime at a Diplomatic Conference held at the IMO's Headquarters in London from 9 to 13 December 2002. The Conference adopted the tacit acceptance procedures established in SOLAS to ensure that the maritime security measures would be accepted internationally by 1 January 2004, and in force six months later (by 1 July 2004).
International Ship and Port Facility Security Code
Contracting governments to the SOLAS Convention finalised the text of the preventative maritime security regime at a Diplomatic Conference held at the IMO's Headquarters in London from 9 to 13 December 2002. The Conference adopted the tacit acceptance procedures established in SOLAS to ensure that the maritime security measures would be accepted internationally by 1 January 2004, and in force six months later (ie. by 1 July 2004).
- Final Act [PDF: 107 KB] 
Adobe Acrobat PDF version of the Final Act of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974.
- Resolution 1 [PDF: 165 KB] 
Adobe Acrobat PDF version of the Conference resolution 1 and related amendments to the 1974 SOLAS Convention.
- Resolutions 2-9 [PDF: 389 KB] 
Adobe Acrobat PDF version of the Conference resolution 2 and related amendments to the 1974 SOLAS Convention and Conference resolutions 3 to 11.
- Amendments [PDF: 124 KB] 
Adobe Acrobat PDF version of the Consideration of Draft Amendments to the International Convention for the Safety of Life at Sea, 1974, and draft resolutions, and other related matters.
The IMO security regime in Chapter XI-2 is essentially preventive in nature, and it applies to ships and port facilities. In Australia, responses to maritime security incidents will be undertaken through its law enforcement agencies and under existing arrangements for responding to terrorist incidents generally (e.g. through the National Counter-Terrorism Plan).
The objectives of the ISPS Code are to:
- establish an international framework involving co-operation between contracting governments, government agencies, local administrations and the shipping and port industries to detect/assess security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade
- to establish the respective roles and responsibilities of all these parties concerned, at the national and international level, for ensuring maritime security
- to ensure the early and efficient collation and exchange of security-related information
- to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels
- and to ensure confidence that adequate and proportionate maritime security measures are in place.
The objectives are to be achieved by the designation of appropriate security officers/personnel on each ship, in each port facility and in each shipping company to prepare and to put into effect the security plans that will be approved for each ship and port facility.
Key Elements of the ISPS Code
The Code provides for considerable flexibility to allow for required security measures to be adjusted to meet the assessed risks facing particular ships or port facilities.
It has two Parts:
- Part A containing mandatory provisions covering the appointment of security officers for shipping companies, individual ships and port facilities. It also includes security matters to be covered in security plans to be prepared in respect of ships and port facilities; and
- Part B containing guidance and recommendations on preparing ship and port facility security plans.
The ISPS Code contains three security levels. The security level will be set by the Department of Infrastructure and Transport with the aid of Australian Government intelligence agencies.
The three levels are:
- Security Level 1, normal; the level at which ships and port facilities normally operate.
In Australia this will mean that minimum protective security measures shall be maintained at all times.
- Security Level 2, heightened; the level applying for as long as there is a heightened risk of a security incident.
In Australia this will mean that additional protective security measures shall be maintained for a period of time.
- Security Level 3, exceptional; the level applying for the period of time when there is a probable or imminent risk of a security incident.
In Australia this will mean further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target. Security Level 3 will imply that a port facility and ships at that facility must await instructions from the Department, and follow them as required. Security Level 3 is likely to trigger responses under the National Counter-Terrorism Plan.
International Maritime Organization
IMO—the International Maritime Organization—is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.
At the international level the IMO is consulting and progressing work with the World Customs Organization (WCO) and the International Labour Organization (ILO) in terms of security of cargo and seafarer identification.
In Australia, regulatory arrangements covering the security of cargo are primarily the responsibility of the Australian Customs and Border Protection Service.
Disclaimer: The information in this website is provided as a guide for general purposes only. While all care has been taken to ensure that the information accurately reflects the requirements of the Act and the Regulations, you should not rely on the information for the purpose of any particular action or decision.