Security is a global problem posed by terrorism and unlawful acts and, as such, requires global attention and global solutions that, in the maritime sector, only the International Maritime organization can provide. This Code promotes and highlights a security culture within [all] maritime operations that strengthens maritime security on ships and in port areas. Shipping must continue to serve the flow of international trade effectively and efficiently and, to ensure this, ships and port facilities must adequately be prepared for the possibility of encountering terrorist attack or other forms of criminal intentions. In order to do so, members of the maritime community must understand the risk environment in which they operate from a security point of view and their role in it.

　

Ship and port facility security is a risk management activity. As with all risk management efforts, the most effective course of action is to eliminate the source of the risk. Eliminating the source of the risk, which in this case is those that would commit acts of terrorism or otherwise threaten the security of ships or of the port facilities, is essentially a government function. There are, however, measures that are appropriate for those who own and operate ships and port facilities to implement that may deter unlawful acts, including terrorism.

　

In order to determine what security measures are appropriate, Contracting Governments must assess the risk posed by potential unlawful acts. This assessment is a sovereign decision, made according to the judgment of each Contracting Government. [This Code provides a standardized, consistent framework for evaluating risk in order to permit the meaningful exchange and evaluation of information between Contracting Governments, companies, port facilities, and ships.]

　

To begin the process, each Contracting Government must conduct port facility security assessments. Security assessments have three essential components. First, they must identify and evaluate important assets and infrastructures that are critical to the port facility as well as those areas or structures that, if damaged, could cause significant loss of life or damage to the port facility's economy or environment. Then, the assessment must identify the actual threats to those critical assets and infrastructure in order to prioritise security measures. Finally, the assessment must address vulnerability of the port facility by identifying its weaknesses in physical security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, and other areas within a port facility that may be a likely target.

　

Once this assessment has been completed, Contracting Government can accurately evaluate risk. Expressed as a formula,

　

To manage the risk, the goal of this Code is to maintain a consistent level of risk, by offsetting changes in threat with changes in vulnerability for ships and port facilities.

　

This risk management system is introduced into this Code through minimum functional security requirements for ships and port facilities.

For ships, these requirements include, among others, ship security plans, ship security officers, company security officers, and certain onboard equipment.

For port facilities, the requirements include, among others, port facility security plans and port facility security officers.

In addition the requirements for ships and for port facilities include also monitoring and controlling access, monitoring the activities of people and cargo, as well as, ensuring security communications are readily available.

Because each ship and each port facility present different risks, the method in which they will meet the specific requirements of this Code will be determined and eventually be approved by the Administration or Contracting Government, as the case may be.

　

In order to communicate the threat at a port facility or for a ship, the Contracting Government sets the appropriate security level. Security levels 1, 2, and 3 correspond to low, medium, and high threat situations, respectively. The security level creates a link between the ship and the port facility, since it triggers the implementation of appropriate security measures for the ship and for the port facility.

　

As threat increases, the only logical counteraction is to reduce vulnerability. This Code provides several ways to reduce vulnerabilities. One example is the ability for the Contracting Government to ensure added controls [over security measures by requiring the completion of a Declaration of Security between the ship and the port facility. This document records the security arrangements agreed between the ship and the port facility and acts as a trigger to ensure that the needed security interface between them occurs. Again, each ship and each port facility will have to determine the measures needed to intensify its security measures to appropriately offset the threat by reducing its vulnerability].

　

Ships are subject to a system of survey, verification, certification, and control to ensure that their security measures are implemented. This system is based on the current system in stipulated in the Convention for safety of life at sea.

Port facilities must also report certain security related information to the Contracting Government concerned.

　

It is recognized that sometimes the interests of security can conflict with those of safety. Where there is a conflict between safety requirements prescribed by the Convention and the security requirements stipulated in the Convention or in this Code, ships shall incorporate safety measures to the fullest extent.

　

Contracting Governments may approve alternative or equivalent arrangements to ensure security provisions required by the Code are met to the fullest extent possible. Any Contracting Government that approves such alternative or equivalent arrangements shall communicate the particulars to the International Maritime organization.

　

Considering that the Charter of the United Nations and the Universal Declaration of Human Rights have affirmed the principle that all human beings shall enjoy fundamental rights and freedoms without discrimination nothing in this Code shall be interpreted or applied in a manner inconsistent with the rights and obligations and responsibilities of States and individuals under international law, including international humanitarian law, international refugee law and international human rights law, including trade union rights or standards enshrined in the ILO Declaration of Fundamental Principles and Rights and Work, as well as the relevant international labour standards applicable to maritime workers.

　

Contracting Governments, Designated Authorities and Companies when developing ship or port security plans shall pay due cognisance to the fact that ships crew members live and work on the vessel and are entitled to and need shore leave and access to shore based seafarers welfare facilities.

　

The Administration shall in implementing Regulations V/14 take into account any additional work load which will result from implementing the ship security plan at the appropriate security levels and ensure that the ship is sufficiently and effectively manned for such eventualities. The Administration will also ensure that the Company implements the hours of rest and other measures to address fatigue which have been developed by the Organization in implementing the ship's security plan.]

　

　

　

　

1.1
This Part of the International Code for the Security of Ships and of Port Facilities contains mandatory provisions to which reference is made in Chapter XI-2 of the Annex to the International Convention for the Safety of Life at Sea, 1974 as amended.

　

1.2
The objectives of this Code are:

　

　

1.3
In order to achieve its objectives this Code embodies a number of functional requirements. These include but are not limited to:

　

　

2.1
For the purpose of this Part of the Code, unless expressly provided otherwise:

　

2.2
Terms not otherwise defined in this Part of the Code have the same meaning as the meaning attributed to them in chapters I and XI-2 of the Convention.

　

2.3
For the purpose of this Code, unless expressly indicated otherwise, the word "ship" includes mobile offshore drilling units as defined in regulation XI-2/1.

　

　

3.1
This Code applies to:

　

3.2
Sections 5 to 13 and 19 of this Part of the Code apply to ships and Companies as specified in regulation XI-2/3.

　

3.3
Sections 5 and 14 to 18 and of this Part of the Code apply to Port Facilities as specified in regulation XI-2/5.

　

　

4.1
Contracting Government shall set security levels and provide guidance for protection from security incidents. Higher security levels indicate greater likelihood of occurrence of a security incident. Factors to be considered in setting the appropriate security level include: