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ANNEX 3
LIST OF SUBJECTS FOR FURTHER ELABORATION
  Topic Further consideration by Priority/Target date
1 Automatic identification systems (AIS)    
- draft amendment to SOLAS V/19.2.4 MSC/Security WG Immediate/2002
- practical use of language interface in ship borne AIS equipment MSC/Security WG Immediate/2002
2 Ship and offshore facility security plans    
- draft [SOLAS][IS Code] regulation[XI/6][5] MSC/Security WG Immediate/2002
- requirements for ship security plans MSC/Security WG Immediate/2002
- amendrhents to the ISM Code MSC/Security WG/FSI Short/medium/2004
3 Ship security officer    
- draft [SOLAS][IS Code] regulation[XI/6][7] MSC/Security WG Immediate/2002
- basic and specific training under STCW MSC/Security WG Immediate/2002
- amendments to the ISM Code MSC/Security WG/FSI Short/medium/2004
4 Company security officer    
- draft IS Code regulation 6 MSC/Security WG Immediate/2002
- training requirements IS Code regulation 8 MSC/Security WG Short/medium/2004
- ISM Code amendments MSC/Security WG/FSI Short/medium/2004
5 Port facility security plans    
- draft IS Code regulations 9 & 10 MSC/Security WG Immediate/2002
- requirements for port security plans MSC/Security WG Immediate/2002
6 Port Security Officer    
- draft IS Code regulation 12 MSC/Security WG Immediate/2002
- training requirements IS Code regulation 13 MSC/Security WG Immediate/2002
7 Port vulnerability assessment MSC/Security WG Immediate/2002
- draft IS Code regulation 11 MSC/Security WG Immediate/2002
- requirements for port vulnerability assessment MSC/Security WG Immediate/2002
- threat level assessment    
8 Seafarer identification*    
- draft SOLAS regulation XI/8 MSC/Security WG Immediate/2002
- requirements for verifiable positive identification of seafarers* MSC/Security WG** Short/medium/2004
9 Port of origin container examinations MSC/DSC/SPI WG Short/medium/2004
- update MSC/Circ.859 MSC/DSC/SPI WG Short/medium/2004
- electronic sealing & tracking MSC/DSC Immediate/2002
10 Co-operation with the world custom organization (WCO) MSC/FAL/DSC/SPI WG Short/medium/2004
- development of an MOU MSC/FAL Short/medium/2004
11 Information on the ship, its cargo and people    
- advance information MSC/FAL/LEG/SPI WG Short/2003
- ownership and control MSC/FAL/LEG Short/2003
- intelligence MSC/FAL/LEG Short/2003
12 Means of ship alerting MSC/COMSAR/NAV/DE Immediate/2002
13 Ship security equipment MSC/COMSAR/NAV/DE Short/medium/2004
14  Review of MSC/Circs. 443 & 754 and related instruments MSC/DSC/SPI Short/medium/2004
     
*
being taken forward by ILO
**
further work by ILO
15 Technical Co-operation as per paragraph 5 of resolution A.924 including capacity building COUNCIL/TCC Immediate/2002
16 Review SUA Convention & Protocol LEG Short/medium/long/2006
17 Review of Port Recommendations MSC/DSC Short/medium/2004
18 Review IMO/ILO/UN ECE Guidelines and related model course MSC/DSC Short/medium/2004
19 Review MSC/Circ. 622/Rev. 1 MSC Short/medium/2003
20 Review MSC/Circ. 623/Rev. 2 MSC Short/medium/2003
21 Review of resolution A. 872(19) FAL/SPI/WG Short/medium/2003
22 Outline of a port security instrument in co-operation with ILO MSC Short/medium/long/2006
23 Long term goal ASSEMBLY/COUNCIL/MSC/MEPC Medium/long/2005
　
ANNEX 4
　
PAPER FOR THE ISWG TO FORWARD TO THE LEGAL COMMITTEE
　
MARITIME SAFETY COMMITTEE
Intersessional Working Group on Maritime Security
11 to 15 February 2002
　
Introduction
　
1 
At its meeting from 11 to 15 February the MSC Intersessional Working Group on Maritime Security (ISWG) considered a range of proposals leading to possible amendments to SOLAS aimed at enhancing the world-wide capability to deter or detect terrorist acts which could relate to, or involve, ships. Priority amendments are due to be considered by MSC 75 for onward transmission to a Diplomatic Conference on Maritime Security to be held in December 2002.
　
2 
Among the items considered by ISWG were a number of issues relating to transparency of information concerning the ownership or control of ships seeking to enter a port. Port States are already able to request information prior to ships entering their ports and many are now seeking additional information for security reasons. A typical requirement is that the master, or agent, provides the necessary information at least 96 hours prior to the vessel's arrival. Different arrangements as to the timing of the provision of such information may apply in respect of vessels on regular scheduled services or on short sea crossings.
　
3 
The purpose of these requests for information is to allow the relevant agencies in the port State to assess the information available to them and to determine the appropriate security response. In extreme cases a port State may consider that it has to deny access by a particular vessel to its port.
　
Ownership and Control
　
4 
An essential component included in the information requested of ships is ownership. In some cases additional information has been requested on control of the vessel. Given the legal complexities relating to both ownership and control of vessels and the commercial practices that have developed over time the ISWG is seeking guidance from the Legal Committee on how best to define ownership and control in the context of maritime security. Under the provisions of A.924(22) the ISWG is authorised to seek the guidance of Legal, or other, Committees on matters that relate to maritime security and that require urgent consideration.
　
The Issues
　
5 
To assist the Legal Committee the following text of a notional regulation for inclusion in Chapter XI of SOLAS has been developed - it must be emphasised that this is not a formal proposal for amendment to SOLAS but one which has been developed solely to allow the Legal Committee to assist the MSC.
　
[[[Notional Regulation F
　
1. Contracting Governments may require vessels proposing to enter their ports to provide information for security purposes which can include information relating to the ownership and control of the vessel.
　
2. Contracting Governments shall ensure that information regarding the ownership and control of their flag vessels is available in a form which is capable of being transmitted in response to a request made under paragraph(1).]]]
　
The questions on which the ISWG requests the advice of the Legal Committee are how in this context "ownership" and "control" should be defined bearing in mind the imperative of detecting or deterring unlawful acts involving the use of a ship.
　
6 
In considering this matter the Legal Committee will wish to bear in mind that a vessel could be used to transport equipment or personnel prior to the committing of an unlawful act ashore, or used in lawful trade to help finance unlawful acts or, indeed, used as a weapon. These possible uses of a vessel in the context of unlawful acts are additional to the possibility of hijacking the vessel for coercive purposes.
　
Timing
　
7 
Given the urgency of this matter the Legal Committee is requested to report the results of its deliberations to MSC 75.







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