MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER 2001 OG TILKNYTTEDE CERTEPARTIKLAUSULER

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MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER
2001 OG TILKNYTTEDE CERTEPARTIKLAUSULER
En oversikt over den nye internasjonale
ISPS-koden, nye regler i USA og nye
standardklausuler som regulerer ansvars- og
risikofordelingen mellom partene i certepartier.

• Frode Grotmol
• 16. februar 2004

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I Innledning
II IMO
International Code for the Security of Ships and
Port Facilities
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1. ISPS-kodens formål

The objectives of this Code are

1. to establish an international framework involving
   co-operation between Contracting Governments,
   Government agencies, local administrations and
   the shipping and port industries to detect
   security threats and take preventive measures
   against security incidents affecting ships or
   port facilities used in international trade

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1. to establish the respective roles and
   responsibilities of the Contracting Governments,
   Government agencies, local administrations and
   the shipping and port industries, at the national
   and international level for ensuring maritime
   security

1. to ensure the early and efficient collection and
   exchange of security-related information

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1. 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.

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1. ISPS-kodens Functional Requirements

For å oppnå disse formålene inneholder koden en
rekke functional requirements. Disse
inkluderer, men er ikke begrenset til
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1. Gathering and assessing information with respect
   to security threats and exchanging such
   information with appropriate Contracting
   Governments

1. Requiring the maintenance of communication
   protocols for ships and port facilities

1. Preventing unauthorized access to ships, port
   facilities and their restricted areas

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1. Preventing the introduction of unauthorized
   weapons, incendiary devices or explosives to
   ships or port facilities

1. Providing means for raising the alarm in reaction
   to security threats or security incidents

1. Requiring ship and port facility security plans
   based upon security assessments and

1. Requiring training, drills and exercises to
   ensure familiarity with security plans and
   procedures.

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1. ISPS-kodens gyldighetsområde

Koden gjelder for

1. The following types of ships engaged on
   international voyages

1. Passenger ships, including high-speed passenger
   craft

1. Cargo ships, including high-speed craft, of 500
   gross tonnage and upwards and

1. Mobile offshore drilling units and

1. Port facilities serving such ships engaged on
   international voyages.

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1. Ansvaret til myndighetene (Contracting
   Governments)

Faktorer som skal tillegges vekt ved
fastsettelsen av sikkerhetsnivået inkluderer
bl.a.

1. the degree that the threat information is
   credible

1. the degree that the threat information is
   corroborated

1. the degree that the threat information is
   specific or imminent and

1. the potential consequences of such a security
   incident.

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1. Pliktene til rederiet (the Company)

1. Skipets plikter

Ved sikkerhetsnivå 1 skal de følgende aktiviteter
utføres
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1. ensuring the performances of all ship security
   duties

1. controlling access to the ship

1. controlling the embarkation of persons and their
   effects

1. monitoring restricted areas to ensure that only
   authorized persons have access

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1. monitoring of deck areas and areas surrounding
   the ship

1. supervising the handling of cargo and ships
   stores and

1. ensuring that security communication is readily
   available.

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1. Skipets sikkerhetsvurderinger (Ship Security
   Assessment)

Skipets sikkerhetsvurderinger som
sikkerhetsplanen skal baseres på, må inkludere i
det minste følgende elementer
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1. identification of existing security measures,
   procedures and operations

1. identification and evaluation of key ship board
   operations that it is important to protect

1. identification of possible threats to the key
   ship board operations and the likelihood of their
   occurence, in order to establish and prioritise
   security measures and

1. identification of weaknesses, including human
   factors in the infrastructure, policies and
   procedures.

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1. Skipets sikkerhetsplan (Ship Security Plan)

Skipets sikkerhetsplan skal adressere minst det
følgende

1. measures designed to prevent weapons, dangerous
   substances and devices intended for use against
   people, ships or ports and the carriage of which
   is not authorized from being taken on board the
   ship

1. identification of the restricted areas and
   measures for the prevention of unauthorized
   access

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1. measures for the preventing of unauthorized
   access to the ship

1. procedures for responding to security threats or
   breaches of security, including provisions for
   maintaining critical operations of the ship of
   ship/port interface

1. procedures for responding to any security
   instructions Contracting Governments may give at
   such level 3

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1. procedures for evacuation in case of security
   threats or breaches of security

1. duties of shipboard personnel assigned security
   responsibilities and of other shipboard personnel
   on security aspects

1. procedures for auditing the security activities

1. procedures for training, drills and exercises
   associated with the plan

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1. procedures for interfacing the port facility
   security activities

1. procedures for the periodic review of the plan
   and for updating

1. procedures for reporting security incidents

1. identification of the ship security officer

1. identification of the company security officer
   including with 24-hour contact details

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1. procedures to ensure the inspection, testing,
   calibration and maintenance of any security
   equipment provided on board, if any

1. frequency for testing or calibration of any
   security equipment provided on board, if any

1. identification of the locations where the ship
   security alert system activation points are
   provided and

1. procedures, instructions and guidance on the use
   of the ship security alert system, including the
   testing, activation, deactivation and resetting
   and to limit false alerts.

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1. Logger/protokoller (Records)

1. Rederiets sikkerhetsoffiser (Company Security
   Officer)

1. Skipets sikkerhetsoffiser (Ship Security Officer)

1. Opplæring og øvelser

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1. Havnene

I ISPS-koden er det detaljerte bestemmelser om
det følgende

1. Port Facility Security

1. Port Facility Security Assessment

1. Port Facility Security Plan

1. Port Facility Security Officer

1. Training, Drills and Exercises on Port Facility
   Security

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1. Verifisering og sertifisering (Verification and
   Certification)

1. Situasjonen i EU

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III ISPS klausuler for tidscertepartier
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1. BIMCO ISPS klausul for tidscertepartier
(a)(i) From the date of coming into force of
the International Code for the Security of Ships
and of Port Facilities and the relevant
amendments to Chapter XI of SOLAS (ISPS Code) in
relation to the Vessel and thereafter during the
currency of this Charter Party, the Owners shall
procure that both the Vessel and the Company
(as defined by the ISPS Code) shall comply with
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the requirements of the ISPS Code relating to
the Vessel and the Company. Upon request the
Owners shall provide a copy of the relevant
International Ship Security Certificate (or the
Interim International Ship Security Certificate)
to the Charterers. The Owners shall provide the
Charterers with the full style contact details of
the Company Security Officer (CSO).
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(ii) Except as otherwise provided in this
Charter Party, loss, damage, expense or delay,
excluding consequential loss, caused by failure
on the part of the Owners or the Company to
comply with the requirements of the ISPS Code or
this Clause shall be for the Owners account.
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(b)(i) The Charterers shall provide the CSO and
the Ship Security Officer (SSO)/Master with their
full style contact details and, where sub-letting
is permitted under the terms of this Charter
Party, shall ensure that the contact details of
all sub-charterers are likewise provided to the
CSO and the SSO/Master. Furthermore, the
Charterers shall ensure that all sub-charter
parties they enter into during the period of this
Charter Party contain the following provision
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The Charterers shall provide the Owners with
their full style contact details and, where
sub-letting is permitted under the terms of the
charter party, shall ensure that the contact
details of all sub-charterers are likewise
provided to the Owners.
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(ii) Except as otherwise provided in this
Charter Party, loss, damage, expense or delay,
excluding consequential loss, caused by failure
on the part of the Charterers to comply with this
Clause shall be for the Charterers account.
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(c) Notwithstanding anything else contained in
this Charter Party all delay, costs or expenses
whatsoever arising out of or related to security
regulations or measures required by the port
facility or any relevant authority in accordance
with the ISPS Code including, but not limited to,
security guards, launch services, tug escorts,
port security fees or taxes and inspections,
shall be for the Charterers account, unless such
costs or expenses result solely from the Owners
negligence. All measures required by the Owners
to comply with the Ship Security Plan shall be
for the Owners account.
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(d) If either party makes any payment which is
for the other partys account according to this
Clause, the other party shall indemnify the
paying part.
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2. Redervennlig tilleggsklausul
Charterers guarantee that the ports to which
they direct the vessel comply at all times while
the vessel is at the port with all requirements
of the ISPS Code. Owners are entitled to refuse
to proceed to a port not complying with the
ISPS-Code. All costs and consequences arising
from or in connection with calls at ports not
complying with the ISPS Code to be for
charterers account.
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IV ISPS klausuler for reisecertepartier

1. Intertankos Security Measure Clause

1. BIMCOs ISPS-klausul

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V USA

1. Maritime Transportation Security Act (MTSA)

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1. Sikkerhetsplaner (Maritime Transportation
   Security Plans)

a) Skipene og havnene (facilities) må utarbeide
sikkerhetsplaner, som
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• are consistent with the National and Area Plans

• identify a Qualified Individual with full
  authority to implement security actions

• deter, to the maximum extent practicable, a
  transportaton security incident using contract
  security measures

• describe training and drills

• include provisions for maintaining physical and
  personnel security

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b) Skipene og havnene (facilities) må også
utarbeide response-planer.
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1. Sikkerhetskort, (Transportation Security Cards),
   visum og sikkerhetsvakter

1. Sikkerhetstiltak i utenlandske havner (Foreign
   Port Assessments)

1. Automatic Identification Systems

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1. Internasjonale intermodule transporter

1. Innsendelse av informasjon til tollmyndighetene
   og immigrasjons-myndighetene

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VI Spesielle USA klausuler

1. Reisecertepartier

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1. BIMCO U.S. Security Clause for Voyage Chartering

If the Vessel calls in the United States,
including any U.S. territory, the following
provisions shall apply with respect to any
applicable security regulations or measures
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Reporting The Vessel or its agents shall report
and send all notices as required to obtain entry
and exit clearances from the relevant U.S.
authorities. Any delay caused by the failure to
so report shall be for the Owners account,
unless such failure to report is caused by or
attributable to the Charterers or their
representatives or agents including but not
limited to the shipper and/or receiver of the
cargo.
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Clearances Unless caused by the Owners'
negligence, any delay suffered or time lost in
obtaining the entry and exit clearances from the
relevant U.S. authorities shall count as laytime
or time on demurrage.
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Expenses Any expenses or additional fees
relating to the cargo, even if levied against the
Vessel, that arise out of security measures
imposed at the loading and/or discharging port
and/or any other port to which the Charterers
order the Vessel, shall be for the Charterers'
account.
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Notice of Readiness Notwithstanding anything to
the contrary contained in this Charter Party, the
Vessel shall be entitled to tender Notice of
Readiness whether cleared for entry or not by any
relevant U.S. authority.
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1. Nordisk Skibsrederforenings klausul

U.S. SECURITY MEASURES If the Vessel is required
to call in the United States, the following
provisions shall apply
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(a) Notice of Readiness. At the end of the
Vessel's sea passage at each place or port of
loading or discharge, or upon arrival at any
customary waiting place or any other place she is
ordered to wait, the Vessel shall be entitled to
tender Notice of Readiness whether anchored or
not, whether in port or not, whether inspected
and/or cleared for entry or not.
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(b) Reporting Requirements. The Vessel or its
agent shall report and send all notices as
required to obtain entry clearances from the
relevant U.S. authorities. Any delay caused by
the Owner's failure to so report the Vessel for
such clearances shall be for Owner's account.
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(c) Delays or Time Lost. Otherwise,
notwithstanding anything to the contrary in this
charter, any delay or time whatsoever lost,
whether directly or indirectly (including
consequential delays), used or spent in
inspecting the Vessel and/or obtaining the
required security clearances from the U.S.
authorities to permit the Vessel to berth or
depart shall count as laytime or time on
demurrage.
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(d) Expenses If any expenses or additional fees
are incurred at the port related to security
measures or obtaining entry/departure clearances,
same to be for Charterer's account. Such expenses
shall include, but not be limited to, security
guards, a launch to the vessel, tug escorts, port
security fees and costs of inspection, if any.
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(e) Pro ration If more than one cargo is to be
loaded or discharged at the same berth in a U.S.
port, any time lost in berthing (until all fast
at berth, finished mooring at sea buoy or
anchored at designated place for
loading/discharging) or departing from berth, or
any expense or cost incurred, related to security
measures or obtaining entry clearances shall be
prorated on the basis of the Charterers' cargo
quantity to
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be loaded in relation to the total quantity of
cargo to be loaded (or where Charterers' cargo to
be discharged in relation to total quantity to be
discharged) at the same berth, provided that a
cargo shall not participate in any pro ration of
time lost before a Notice of Readiness has been
tendered therefore, and further provided that if
the cause of a particular delay or cost is
attributable to Charterers or their cargo, time
to count in full, and the total expense to be for
their account.
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1. Tidscertepartier

a) Nordisk Skibsrederforenings klausul
Notwithstanding any other provision in this
charter to the contrary, the Vessel shall remain
on hire during any and all delays, direct or
indirect, caused by U.S. security measures,
including required inspections or entry/departure
clearances.
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b) BIMCO U.S. Security Clause for Time Chartering
If the Vessel calls in the United States,
including any U.S. territory, the following
provisions shall apply with respect to any
applicable security regulations or measures
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Notwithstanding anything else contained in this
Charter Party, all costs or expenses arising out
of or related to security regulations or measures
required by any U.S. authority including, but not
limited to, security guards, launch services, tug
escorts, port security fees or taxes and
inspections, shall be for the Charterers'
account, unless such costs or expenses result
solely from the Owners' negligence.
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1. 24 Hours Rule klausul

a) Bimco U.S. Customs 24 Hours Rule Clause for
Voyage Charter Parties

• If loading cargo destined for the U.S. or passing
  through U.S. ports in transit, the Charterers
  shall
• Provide all necessary information, upon request
  by the Owners, to the Owners and/or their agents
  to enable them to submit a timely and accurate
  cargo declaration directly to the U.S. Customs
  or

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• If permitted by U.S. Customs Regulations (19 CFR
  4.7) or any subsequent amendments thereto, submit
  a cargo declaration directly to the U.S. Customs
  and provide the Owners with a copy thereof.

In all circumstances, the cargo declaration must
be submitted to the U.S. Customs latest 24 hours
in advance of loading.
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1. The Charterers assume liability for and shall
   indemnify, defend and hold harmless the Owners
   against any loss and/or damage whatsoever
   (including consequential loss and/or damage) and
   any expenses, fines, penalties and all other
   claims of whatsoever nature, including but not
   limited to legal costs, arising from the
   Charterers' failure to comply with the provisions
   of sub-clause (a).

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1. If the Vessel is detained, attached, seized or
   arrested as a result of the Charterers' failure
   to comply with the provisions of sub-clause (a),
   the Charterers shall provide a bond or other
   security to ensure the prompt release of the
   Vessel. All time used or lost until the Vessel is
   free to leave any port of call shall count as
   laytime or, if the Vessel is already on
   demurrage, time on demurrage.

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b) Bimco U.S. Customs 24 Hours Rule Clause for
Time Charter Parties

• If loading cargo destined for the U.S. or passing
  through U.S. ports in transit, the Charterers
  shall
• Provide all necessary information, upon request
  by the Owners, to the Owners and/or their agents
  to enable them to submit a timely and accurate
  cargo declaration directly to the U.S. Customs
  or

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1. If permitted by U.S. Customs Regulations (19 CFR
   4.7) or any subsequent amendments thereto, submit
   a cargo declaration directly to the U.S. Customs
   and provide the Owners with a copy thereof.

In all circumstances, the cargo declaration must
be submitted to the U.S. Customs latest 24 hours
in advance of loading.
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1. The Charterers assume liability for and shall
   indemnify, defend and hold harmless the Owners
   against any loss and/or damage whatsoever
   (including consequential loss and/or damage) and
   any expenses, fines, penalties and all other
   claims of whatsoever nature, including but not
   limited to legal costs, arising from the
   Charterers' failure to comply with the provisions
   of sub-clause (a).

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1. If the Vessel is detained, attached, seized or
   arrested as a result of the Charterers' failure
   to comply with the provisions of sub-clause (a),
   the Charterers shall provide a bond or other
   security to ensure the prompt release of the
   Vessel. Notwithstanding any other provision in
   this Charter Party to the contrary, the Vessel
   shall remain on hire.

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1. U.S. Customs Trade Partnership against
   Terrorism klausul

BIMCO's U.S. Customs-Trade Partnership Against
Terrorism (C-TPAT) Clause
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The Charterers have voluntarily signed the C-TPAT
Agreement with the U.S. Customs Service. The
Owners, Master and Crew will use reasonable
efforts to assist the Charterers to comply with
their obligations under the C-TPAT Agreement.
However, under no circumstances shall the Owners,
Master and Crew be liable for any delays, losses
or damages howsoever arising out of any failure
to meet the requirements of the C-TPAT Agreement
signed by the Charterers.
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The Charterers agree to indemnify and hold the
Owners, Master and Crew harmless for any claims
made against the Owners, Master and Crew or for
any delays, losses, damages, expenses or
penalties suffered by the Owners arising out of
the C-TPAT Agreement signed by the Charterers.
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1. AVSLUTNING