Ivica PAVIĆ
Ministry of defense of the Republic of Croatia, Croatian Navy, Zrinsko Frankopanska, Split, Croatia, [email protected]
ABSTRACT
This paper proposes supplements to the training program of the Ship Security Officer. The role of the Ship Security Officer is regulated by the provisions of the International Ship and Port Facility Security Code. The Code was adopted in 2002 and came into effect in 2004, bringing a number of measures aimed to enhance the security of ships and port facilities. This paper discusses and emphasizes the importance of the ship security officer. It is considered that, due to exposure of ships to various forms of contemporary threats such as piracy and armed attacks, the training program for Ship Security Officers should be complemented. The existing program does not provide the training of Ship Security Officers in terms of minimum self-defence criteria in case of exposure to the contemporary threats.
Therefore, the paper proposes the supplements to the Ship Security Officer training program with the purpose of enhancing the ship and crew security and a more efficient implementation of the International Ship and Port Facility Security Code.
INTRODUCTION
Maritime security is now considered as one of the most important segments of security. The deterioration of general security situation has severely affected the maritime security as well. Therefore the International Maritime Organization (IMO) developed a number of measures in order to increase the level of security of all segments and stakeholders in the maritime industry, including the International Ship and Port Facility Security Code (ISPS Code) which contains recommendations and methodology for implementing the security measures at international level.
This paper discusses the provisions laid out by the ISPS Code with a particular emphasis on its goals and the role of all stakeholders in the system of maritime shipping security. The ISPS Code defines the persons participating in the implementation of the security system, with the Ship Security Officer (SSO) being one of the most important. The following chapters describe the duties and responsibilities of the SSO and discuss the SSO training program.
Analyses confirm the need for supplements to the SSO training. The deterioration of the security situation at sea, especially in view of increased pirate attacks in some parts of the world, has resulted in forming and engaging the Privately Contracted Armed Security Personnel (PCASP). On board ships, PCASP provide physical protection in the event of fire arms attack. Since this represents a situation where arms are used onboard merchant ships, it was necessary to adequately regulate this issue at the level of the IMO. The IMO provided guidelines that, among other things, regulate the PCASP training requirements. The paper discusses the requirements and the feasibility of applying certain segments of the PCASP training to the SSO training with the purpose of increasing the level of ship security. It is suggested that the SSO training program is supplemented with the contents that ensure a better cooperation with naval forces and the contents associated with the familiarisation with fire arms and their effects on board ship. The suggestion of supplementing the training program of the SSO is aimed at raising the level of ship and crew security and a better implementation of the ISPS Code.
INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE
The ISPS Code was created as the IMO's response to the contemporary security threats in the wake of the 9/11 terrorist attacks in the Unites States of America. Due to the deteriorated security situation it was necessary to develop a consistent system of organising, monitoring, surveying, and assessing the situation at the level of the IMO, with the purpose of improving maritime security. The Contracting Governments to the International Convention for the Safety of Life at Sea (1974 SOLAS Convention) finalised the text of the preventative maritime security regime at the IMO Conference in London in December 2002 (SOLAS/CONF.5/31). The Conference adopted the ISPS Code and agreed that the maritime security measures would be accepted internationally by 1st January 2004, and in force six months later (1st July 2004) as a mandatory amendment to the 1974 SOLAS Convention. The ISPS Code introduced an entirely new approach to maritime security issues, as well as new requirements on cooperation regarding these issues. The new requirements form the international framework through which ships and port facilities can cooperate to detect and deter acts which threaten security in the maritime transport sector.
The ISPS Code is a two-part document describing minimum requirements for security of ships and ports. Part A provides mandatory requirements for Governments, port authorities and shipping companies. Part B provides a series
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of guidelines about how to meet these requirements. The objectives of the ISPS Code are to establish an international framework (involving co-operation) and respective roles and responsibilities for Contracting Governments, government agencies, local administrations and the shipping and port industries with the purpose of detecting security threats and taking preventive measures against security incidents affecting ships or port facilities at the national and international level.
Other objectives include ensuring the early and efficient collection and exchange of security-related information, providing a methodology for security assessments in order to have plans and procedures to react to changing security levels, and ensuring that adequate and proportionate maritime security measures are in place (IMO/SOLAS/CONF.5/34, Section 1, Para 1.2).
These objectives clearly confirm that the ISPS Code involves a comprehensive approach whose implementation requires the integration of all elements (stakeholders) engaged in maritime shipping, including the Contracting Governments (their agencies and administrations), companies, port facilities and ships. The ISPS Code defines the activities, duties and responsibilities each of the stakeholders. In addition, the ship and port security assessment system is developed, as well as the ways of monitoring the system's implementation and the certification in line with the ISPS Code requirements. The ISPS Code defines the principles but provides for considerable flexibility to allow for the required security measures to be adjusted in meeting the assessed risks facing particular ships or port facilities.
Contracting Governments and their administrations are responsible for risk assessment and evaluation (including setting the appropriate security level), issuing of relevant documents, information exchange and supervision of the ISPS Code implementation.
On behalf of the Contracting Governments, the Recognized Security Organizations may carry out the assessment of ship security, approve the Ship Security Plan (SSP), and issue the International Security Shipping Certificate and/or the relevant training certificate (IMO/SOLAS/CONF.5/34 ANNEX 1, Sections 4 and 5).
Shipping companies should carry out the security policy, including the implementation of the security system across the company and its fleet, appointment of security officers and their detailed responsibilities within the security system, development and putting into effect the security plans, training and education of the personnel engaged in the security system as well as other employees and crewmembers, exchange of information, and reporting on security (IMO/SOLAS/CONF.5/34 ANNEX 1, Sections 6 and 11).
Ports must provide an adequate Port Facility Security Assessment and Port Facility Security Plan. They have to appoint adequate personnel in charge of security and carry out regular trainings. In addition, ports must participate in the exchange of information and in reporting on security-related issues (IMO/SOLAS/CONF.5/34 ANNEX 1, Sections 14 to 18).
The ship must act in line with the SSP and the security levels that are in effect in individual ports. Also, the ship must perform regular crew training, keep relevant records, have appropriate documents, and participate in the exchange of security-related information. In addition, the ship must carry authorised personnel who take part in the security system (IMO/SOLAS/CONF.5/34 ANNEX 1, Sections 7 to 10).
In order to meet the ISPS Code requirements, it is necessary to designate 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 are approved for each ship and port facility. The persons engaged in the security systems are Company Security Officer (CSO), Port Facility Security Officer (PFSO) and SSO.
According to the provisions of the ISPS Code, a CSO is an officer having at least one year of experience in the capacity of an officer and a completed adequate CSO training. Merchant shippers usually appoint one CSO who provides technical and any other support to the SSO in the area of security. The PFSO is in charge of port security and is appointed by an authorised government body. The PFSO’s numerous and demanding responsibilities regarding the port security correspond to the CSO's corporate responsibility. Larger ports usually appoint a team of officers in charge of a port and its parts and facilities (Mojaš, Vujičić, Hrdalo, 2013).
ISPS Code provides training standards for the CSO, PFSO and SSO. The following paragraphs discuss the requirements and standards of the SSO training.
REQUIREMENTS FOR SHIP SECURITY OFFICER
The SSO is the person on board, responsible for the security of the ship, including the implementation and maintenance of the Ship Security Plan and for the liaison with the CSO and PFSO (IMO/SOLAS/CONF.5/34 ANNEX 1, Section 2, Para 2.2.6.). The SSO is accountable to the master, designated by the Company, and identified by the Ship Security Plan. The ISPS Code defines SSO requirements. A SSO is an officer having at least one year of experience in the capacity of a ship officer and a completed adequate SSO training. The duties and responsibilities of the SSO, as described by the ISPS Code, include but are not limited to:
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• undertaking regular security inspections of the ship to ensure that appropriate security measures are maintained;
• maintaining and supervising the implementation of the SSP, including any amendments to the Plan;
• co-ordinating the security aspects of the handling of cargo and ship's stores with other shipboard personnel and with the relevant PFSO;
• proposing modifications to the SSP;
• reporting to the CSO any deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance and implementing any corrective actions;
• enhancing security awareness and vigilance on board;
• ensuring that adequate training has been provided to shipboard personnel, as appropriate;
• reporting all security incidents;
• co-ordinating the implementation of the SSP with the CSO and the relevant PFSO(s); and
• ensuring that security equipment is properly operated, tested, calibrated and maintained, if any (IMO/SOLAS/CONF.5/34 ANNEX 1, Section 12, Para 12.2.).
The SSO must be properly trained and qualified to carry out the above stated procedures. The qualification is ensured by completing the training as defined by the provisions of the ISPS Code and the SOLAS Convention. The SSO training program arises from his/her duties and responsibilities. The SSO should acquire knowledge, skills and training in the following areas:
• security administration;
• relevant international conventions, codes and recommendations;
• relevant Government legislation and regulations;
• responsibilities and functions of other security organizations;
• methodology of ship security assessment;
• methods of ship security surveys and inspections;
• ship and port operations and conditions;
• ship and port facility security measures;
• emergency preparedness and response and contingency planning;
• instruction techniques for security training and education, including security measures and procedures;
• handling sensitive security related information and security related communications;
• knowledge of current security threats and patterns;
• recognition and detection of weapons, dangerous substances and devices;
• recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security;
• techniques used to circumvent security measures;
• security equipment and systems and their operational limitations;
• methods of conducting audits, inspection, control and monitoring;
• methods of physical searches and non-intrusive inspections;
• security drills and exercises, including drills and exercises with port facilities;
• assessment of security drills and exercises;
• the layout of the ship;
• the SSP and related procedures (including scenario-based training on how to respond);
• crowd management and control techniques;
• operations of security equipment and systems; and
• testing, calibration and maintenance of security equipment and systems whilst at sea.
SSO training programs have been created in line with these areas. IMO member states are in charge of developing the programs for supplementary SSO training and the authorised maritime schools are in charge of carrying out these training programs. Upon completion of these trainings, the authorised government bodies issue adequate SSO certificates. Although the process of SSO training represents a national responsibility, it must be harmonised at the international level so that the certificates can be recognised internationally. The SSO training program in the Republic of Croatia is entirely harmonised with the ISPS Code and SOLAS Convention. It covers all the above stated areas and has a duration of 17 hours (Ordinance on ranks and certification of seafarers / Pravilnik o zvanjima i svjedodžbama o osposobljenosti pomoraca, Official Gazette / Narodne novine No. 130/13 and 45/14).
The analysis of this training program clearly shows that it is focused on maintaining and supervising the implementation of the SSP, assessment of security risks and threats, ship inspection aimed at ensuring that
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appropriate security measures are maintained, management and testing of the ship’s security equipment, and enhancing the crew’s security awareness and vigilance on board. These requirements and areas are in accordance with the contemporary threats in maritime shipping, such as piracy, armed robbery and terrorism.
However, two problems can be identified. The first problem refers to the duration of training while the second refers to the very contents of the training program. As for the training duration, it can be concluded that such a comprehensive program can be performed only at the terminology level within 17 class hours, given the fact that it contains a total of 25 areas defined by the ISPS Code. On the other hand, the contents of the programs are loaded with abundant administrative information on the maintenance and implementation of the SSP through all the entities within the maritime shipping security system.
It is reasonably assumed that the level of security threats in maritime shipping will increase, given the deteriorating security situation across the world. This will result in the increased risk of firearm attacks on merchant vessels.
Although the crewmembers onboard merchant vessels do not carry or use arms, their additional training will be required in terms of development self-protection measures in the event of a firearm conflict.
PCASP on board ships may be authorised by a flag State to counter the attacks and protect merchant vessels against firearm attacks. These personnel are trained to handle fire weapons and to provide physical protection to merchant vessels in the event of firearm attack. The following chapter discuss the PCASP training standards and requirements.
REQUIREMENTS FOR PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL
The increased threat to commercial shipping by Somalia-based pirates has led to an extended use of armed guards and a noticeable expansion in the number of firms offering armed maritime security services for ships in the High Risk Areas (MSC.1/Circ.1405/Rev.2). PCASP teams come on board with the purpose of preventing and dealing with armed attacks.
The deployment of PCASP teams on board of merchant ships and fishing vessels is based on the IMO Interim Guidance to private maritime security companies, flag States, governments, ship owners, ship operators, ship masters and crew. The Guidance covers Private Maritime Security Companies (PMSC) professional certification, requirements for PMSC, management and deployment considerations. According to the IMO, the use of PCASP should not be considered as an alternative to Best Management Practices and other protective measures. Carrying and use of firearms by seafarers for personal protection or for the protection of a ship is strongly discouraged (MSC.1/Circ.1334 and MSC/Circ.623/Rev.3). The use of PCASP on board merchant ships and fishing vessels is a matter for a flag State to determine in consultation with the ship owners, operators and companies. Masters, ship owners, operators and companies should contact the flag State and seek clarity of the national policy with respect to the carriage of armed security personnel. All legal requirements of flag, port and coastal States should be met (MSC.1/Circ.1334). Thus, the flag State has responsibility to authorize the use of firearms on board of merchant ships and fishing vessels in consultation with ship owners, operators and companies. Thereby the IMO refrained from the use of firearms on board merchant ships and fishing vessels and transferred the responsibility onto national legislations. The carriage of armed personnel remains a matter of decision for the ship owner, to request and the flag State to decide whether or not to allow the use of PCASP to protect their ships.
The areas of PCASP training are defined by the Annex to Interim Guidance to private maritime security companies providing Privately Contracted Armed Security Personnel on board ships in the High Risk Area. Private maritime security companies should ensure that the PCASP they employ acquire and can demonstrate to have acquired adequate and appropriate individual and collective training. The training areas are associated with the IMO recommendation that PCASP should have necessary operational capabilities, including the ability to assess risks, appropriate skill/experience in the field of carriage and use of firearms, appropriate medical qualification and shipboard familiarization training (MSC.1/Circ.1443).
It can be therefore concluded that the training of PCASP consists of two areas. The first area refers to tasks associated with using weapons for providing protection onboard ships, while the other area refers to the shipboard familiarization training. The training related to providing protection on board ships ensure compliance with the company standards in the fields of appropriate use of force, command and control relationship, competent use of the specific firearms, ammunition and other related security equipment, and medical training. The area of shipboard familiarization training refers to the familiarization with the ship type, the particular route envisaged, legal/practical implications for the deployment, and the provisions of relevant security related shipboard regulations. In that field PMSC should ensure, in consultation with the ship owner and master (subject to any additional requirements of the flag State), that the onboard team have received, as a minimum, shipboard familiarization training including life- saving, safety and fire-fighting requirements and communication protocols (MSC.1/Circ.1443).
These clauses of the Annex to Interim Guidance to private maritime security companies providing Privately Contracted Armed Security Personnel on board ships in the High Risk Area entitle the flag States to use their own
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legislation to regulate the matter of PCASP training in the area of shipboard familiarization. Hence it is possible that a flag State require the training in line with the provisions of the STCW Convention only for the Team leader, whereas other team members may attend training onboard the ship they protect; it is also possible that all team members have to complete the training in compliance with STCW requirements. Professional STCW training for seafarers comprises Basic Safety Training (STCW A-VI/1) which includes Personal survival techniques, Firefighting and fire prevention, Elementary first aid, Personal safety and social responsibility. This training has the duration of 55 hours, including 19 hours of practical work.
THE PROPOSAL OF SUPPLEMENTS TO THE TRAINING PROGRAM OF THE SSO
By analysing and comparing the SSO training program and the recommendations for PCASP training, it can be concluded that the two training programs overlap in the part referring to the shipboard familiarisation. This correspondence results from the SOLAS Convention which requires that all persons performing any onboard duties must complete a special basic onboard safety training in order to be able to respond to emergencies onboard ships.
Therefore, theoretically speaking, both SSO and PCASP are qualified at the same level in terms of procedures in the event of emergencies onboard ships. However, in practice, it should be taken into account that an SSO is a professional seafarer who has been educated and trained to perform officer duties, and who has adequate experience, whereas a PCASP is not a seafarer but a person having military experience. Having in mind that a PCASP does not have a status of a crewmember, it can be assumed that the level of the Basic Safety Training necessary for the familiarisation with emergency procedures in the event of risk at sea could be sufficient for performing security tasks onboard ships.
Just as professional seafarers educate former or retired professional military personnel in the area of shipboard familiarisation, an inverse analogy might be applied regarding the training seafarers to become SSO. Therefore it is suggested that PCASP team members, i.e. qualified persons having experience in physical protection of ships, participate in a part of SSO training.
The analysis of SSO training leads to a conclusion that the SSOs are insufficiently trained for recognising and providing adequate response to the existing and oncoming security threats such as piracy, armed robbery and increased terrorist activities. The fact is that the security situation has worsened across the world, particularly in certain busy shipping areas. The deterioration of the security situation has reduced or even suspended the ability of some coastal states to control the security situation within the territory under their jurisdiction, both at sea and ashore. For all these reasons the SSO training programs need amendments and supplements.
It is suggested that the existing SSO training programs are supplemented by the following contents:
• familiarisation with the activities, abilities and constraints of national or international naval forces in preventing and suppressing terrorism, piracy and armed robbery against ships;
• familiarisation with the modes of cooperation with national or international naval forces and the organisations or services in charge of maritime shipping security and supervision;
• detailed familiarisation with the tactics, techniques and procedures of the attacks launched by pirates, terrorists or criminal groups at sea;
• good knowledge of technical features, capacities and efficiency of weapons, ammunition and equipment used by pirates, terrorists or criminal groups at sea;
• familiarisation with the measures for individual or group protection of crewmembers in the event of armed attack onboard ships.
Familiarisation with the activities, abilities and constraints of national or international naval forces in preventing and suppressing terrorism, piracy and armed robbery against ships is important due to the fact that a wide range of activities related to the above mentioned problems have been already undertaken at the national and international level. It is here worth mentioning the operations such as Operation Atalanta-Somalia, the first military operation undertaken by the EU Naval Force, NATO-led operations Ocean Shield and Active Endeavour, as well as operations launched by national naval forces in the areas of threatened security. Familiarisation with these activities would enable the SSO to implement more efficiently, and to adjust if necessary, the SSP.
Familiarisation with the modes of cooperation with national or international naval forces and the organisations or services in charge of maritime shipping security and supervision represents an important segment of fighting against all threats at sea. The SSO should be familiar, at an appropriate level, with the modes of cooperation with naval forces, as the matter is directly related to their missions. Likewise, the ship master could have easier and faster access to information on the activities of the naval forces in his/her area, which would considerably facilitate making decisions regarding the potential attacks on the ship. In this context we should emphasise the importance of familiarisation with the ways of operation of various organisations and services that carry out activities associated with the maritime shipping security and supervision, such as Maritime Security Center Horn of Africa, The United