1.5
In Welcoming participants, the Secretary-General referred to the atrocious terrorist attacks in the United States on 11 September 2001, which had prompted him to declare determination to work with others to avert shipping from becoming a target of international terrorism and to submit to the twenty-second session of the Assembly, through the Council, a draft resolution on Review of measures and procedures to prevent acts of terrorism which threaten the security of passenger and crews and the safety of ships. That resolution was unanimously adopted by the Assembly as resolution A.924(22) and has provided the basis for the work of the Organization to prevent and suppress acts of terrorism against shipping.

　

When introducing his proposal to the Assembly, he had emphasised that there was a need for the Organization to review the existing international legal and technical measures to prevent and suppress terrorist acts against ships and to improve security aboard and ashore; to revise them, and to prepare new measures if the outcome of the review indicated that this was necessary. He had stressed the responsibility, both professional and moral, of all to work together in order to reduce, and if possible to eliminate, any risk to passengers, crews and port personnel on board ships and in port areas as well as to vessels and their cargoes, which may be triggered by terrorist acts. He had also suggested that there was a need to expand IMO's security measures, which at present cover only passenger ships and passenger ferries, to include other potentially vulnerable types of ships, as well.

　

The Secretary-General added that he was fully aware of the political connotations unavoidably linked to the issue of terrorism. At the same time, he was extremely conscious of IMO's technical character, which ought to be preserved. However, he fully shared the views of the United Nations Secretary-General who, speaking in the aftermath of the attacks in the United States, had said that "there can be no acceptance of those who would seek to justify the deliberate taking of innocent civilian life, regardless of cause or grievance. If there is one universal principle that all peoples can agree on, surely it is this". He was also aware that there did not exist an internationally accepted definition of terrorism. However, as Mr. Kofi Annan had also stated, he understood and accepted the need for legal precision as much as the need for moral clarity.

　

The Secretary-General highlighted the main thrust of resolution A.924(22) being a request to the Maritime Safety Committee, the Legal Committee and the Facilitation Committee, under the direction of the Council, to undertake, on a high priority basis a review to ascertain whether there was a need to update the relevant IMO instruments by adopting new measures to strengthen the security of ships and in port areas; and, in the light of such a review, to take any further prompt action required. He had been requested to submit in due course, through the Council, a progress report on the outcome of the work of the three Committees during the current biennium to the twenty-third session of the Assembly.

　

He further pointed out that the resolution also provided for technical assistance to be provided to Governments for the purpose of assisting them to assess, put in place or enhance appropriate infrastructure and measures to strengthen port safety and security to prevent and suppress terrorist acts directed against ports and port personnel as well as ships in port areas, passengers and crews.

　

The Secretary-General informed the ISWG that, in concluding its deliberations on the issue, the Technical Committee of the Assembly had proposed, and the Assembly had decided, that an IMO Conference on Maritime Security should be convened in conjunction with MSC 76 in December of this year, to consider any amendments to SOLAS and possibly the STCW Convention which the Maritime Safety Committee might prepare at its seventy-fifth session in coming May. By opting for a Conference, the Assembly had highlighted the seriousness it attached to the issue and the determination of the entire membership that shipping should not be allowed to become a soft target for the perpetrators of these deplorable acts.

　

In order that action, as envisaged in the resolution, to be taken expeditiously, the Assembly had also decided the convening of this meeting to prepare recommendations for submission to MSC 75 as well as to the Legal Committee and the FAL Committee for any necessary follow-up action which might be required.

　

The Secretary-General further advised that, when the Technical Committee of the Assembly had dealt with this matter, it had noted a number of measures such as those proposed by the United States delegation, which included:

　

This intersessional meeting had therefore been structured so as to take account of the points which had been put to the Assembly and the proposed response to the needs for strengthened maritime security with particular attention being paid to the above measures and to others included in submissions which had been received since. He urged the ISWG that, as a matter of urgency, it concentrated on the preparation of draft amendments to SOLAS and, possibly, the STCW Convention, for approval by MSC 75 and submission to the Maritime Security Conference for adoption later in the year.

　

In its deliberations, the ISWG would be invited to take into account the outcome of some preliminary discussions on security which were held in January 2002 by the Facilitation Committee, in particular the Ship/Port Interface Working Group, and the STW Sub-Committee. The Assembly, the MSC, the FAL Committee and the STW Sub-Committee had recommended that the input of experts in as many areas of maritime security as possible should be obtained and he expected that the meeting would benefit from this.

　

The Secretary-General pointed out that funding for the meeting, which included the provision of full interpretation of the proceedings and translation of documents in all working languages, had been provided by the United States for which he invited the ISWG to join him in reiterating the Assembly's appreciation.

　

He then informed the meeting that, in order to ensure a systematic and consistent approach to maritime security issues by the Secretariat, he had restructured the Navigation Section, which, would, from now on, in addition to its traditional duties pertaining to the work of the NAV and COMSAR Sub-Committees, be responsible for regulatory matters relating to the prevention and suppression of acts of terrorism against shipping and would be renamed the "Navigational Safety and Maritime Security Section". It would continue to bear responsibility for piracy and armed robbery against ships matters and would assist the Technical Co-operation Division in the delivery of technical co-operation projects relevant to maritime security. It would also act as the focal point in MSD for the implementation, from the safety point of view, of resolution A.920(22) on the Review of safety measures and procedures for the treatment of persons rescued at sea.

　

The Secretary-General noted that resolution A.924(22) had requested him to take action, within the Integrated Technical Co-operation Programme, to assist Member States to assess, put in place and enhance appropriate infrastructure and measures to strengthen port safety and security so as to prevent and suppress terrorist acts directed against ports and port personnel, as well as ships in port areas, passengers and crews. In response to that request, he had already taken action in launching a global programme of assistance on maritime/port security which, as progress was made, would take full account of the conclusions and recommendations of the ISWG and those of other IMO bodies. He firmly believed that it was appropriate and essential that the Organization began to provide the required technical co-operation support concurrently with the process of reviewing the regulatory regime.

　

He hoped that the meeting would succeed in highlighting and promoting the need for the development of a security culture in all maritime operations. This was not a meeting of concern to one or a few countries: the problem posed by terrorism was global and, as such, required global attention and global solutions, which in the maritime sector only IMO could provide.

　

In concluding, the Secretary-General expressed confidence that, with the usual spirit of co-operation, the meeting would make significant progress in responding positively to the Assembly's requests in resolution A.924. It should, at the end of the day, come up with a set of meaningful measures to strengthen maritime security on ships and in port areas which would justify the decision to convene a special conference to adopt them. It would thereby make an important contribution to the safety and security of international shipping, to which Governments, the industry, seafarers and the travelling public attach the greatest importance, in particular after the September 11 attacks. Shipping ought to continue to serve the flow of international trade effectively and efficiently and, to ensure this, IMO had an obligation and responsibility to do everything it could to keep it invulnerable from terrorist attacks.

　

　

1.6
The MSC Chairman, addressing the meeting after the Secretary-General, stressed that he was very pleased with the Organization's prompt and decisive action to consider all aspects of maritime security and endorse all the measures taken in this respect As he had emphasized last year, exceptional circumstances demanded exceptional action and he was convinced that the special effort the MSC and its subsidiary bodies had been asked to make was worth taking for the sake of both maritime safety and security and the Organization's good name.

　

He agreed with the Secretary-General that, by opting for a Maritime Security Conference to be held late in the year, the Assembly had demonstrated the seriousness it attached to the issue of terrorism and the determination of the entire membership that shipping should not be allowed to become a soft target for the perpetrators of these most deplorable acts.

　

He also agreed with the Secretary General that, as a matter of urgency, this meeting should concentrate on the preparation of draft amendments to SOLAS and, possibly, the STCW Convention, for approval by MSC 75 and submission to the Conference for adoption later in the year.

　

He commended the Secretary-General's decision to restructure the Navigation Section and assign to it the tasks explained, as a timely and appropriate reaction to real needs facing the world post 11 September.

　

　

1.7
In taking the chair the Chairman outlined the anticipated structure of the meeting, stressing that this was an MSC working group and its establishment had been decided by the twenty-second Assembly and the first extraordinary session of the Maritime Safety Committee in November 2001. Its report would be submitted to the forthcoming seventy-fifth session of the Maritime Safety Committee.

　

The need for IMO to act to add its contribution to the worldwide efforts to prevent and suppress acts of terrorism against shipping had been triggered by the atrocious terrorist attacks in New York and Washington on 11 September 2001.

　

One of the various important decisions on the issue made by the Assembly and the MSC at its first extraordinary session had been the establishment of the ISWG to:

　

On the basis of the decisions thus far made (by the Assembly and MSC), the actions requested by the Assembly in resolution A.924(22) could be classified as:

　

Immediate actions were those which, through MSC 75, would be submitted to the Maritime Security Conference to take place in December 2002 for the purpose of adopting amendments to the SOLAS Convention and/or the STCW Convention (in the latter case for adoption by MSC76).

　

All other actions (to be taken in the short, medium and long term) should take the form of:

　

Therefore, in conducting the business of the ISWG, priority should be given to those proposals, which, through decisions of MSC 75, would be submitted to the December Conference on Maritime Security (and possibly MSC 76) for adoption.

　

Before conclusion of this meeting, a work plan and timeframe for further action should also be agreed upon.

　

A number of submissions had been made by Governments and international organizations and the ISWG would have to decide which submission should be used as the basic document around which to structure its proposals to MSC 75 for consideration and action as appropriate.

　

　

1.8
The ISWG adopted the agenda (Circular letter No.2351, annex) and a provisional timetable for guidance during the session (MSC 75/ISWG/J/2, as amended). The agenda for the session, with a list of documents considered under each agenda item, is set out in annex 1.

　

1.9
The ISWG's decisions on the establishment of ad-hoc drafting groups are reflected under sections of this report covering corresponding agenda items.