N.T. BRANCH CIRCULAR NO : NT/ISPS/PORTS/13/2005
Dated : Nov 21, 2005
Subject : Guidance to vessels for entry into Indian Port Facilities - ISPS Compliance related issues
Recently, upon the Port State Control Inspection of a foreign flag berthed at an Indian port, it was discovered that the vessel was not in possession of the mandatory International Ship Security Certificate. This is a very serious matter as it is in direct contravention of Regulation XI-2/9.1 of SOLAS (Control and Compliance Measures- Control of ships in port), wherein officers duly authorised by the administration are to verify that there is on board a valid International Ship Security Certificate or a valid Interim Ship Security Certificate. If the vessel is not in possession of a valid ISSC or Interim ISSC, the duly authorised officials of the contracting government (Indian administration in the instant case) shall impose any one or more control measures in relation to that ship as provided in Regulation XI-2/9 paragraph 1.3, which may include inspection of the ship, delaying the ship, detention of the ship, restriction of operations, including movement within the port, or expulsion of the ship from the port.
Ships intending to enter Indian ports are required to provide the information as per Regulation XI-2/9.2 of SOLAS (Control and Compliance Measures- Ships intending to enter a port of another contracting Government). The format for the information required to be provided by ships calling Indian port facilities "Pre-Arrival Notification of Security (PANS)" is attached as Appendix-1, which may be utilized by all ships and Indian port facilities. The following vessels on international voyage are required to declare the information:
a) Passenger ships including high speed passenger craft,
a) b) Cargo ships, including high-speed craft, of 500 GRT and upwards, and
c) Mobile offshore drilling units.
This form is to be submitted to the port authorities at least 24 hours prior to arrival by the Master, Ship Security Officer/ Company Security Officer or the ship's agent under the expressed authority of the Master. A ship coming from a nearby port, with less than 24 hours steaming time, shall immediately on departure from such port, submit the same.
All Indian ports are advised to take appropriate measures to ensure that only ships in possession of the relevant ISPS documentation as applicable are only permitted for entry into their port facility. In the spirit of effective ISPS Code compliance and similar measures taken by neighbouring countries like Singapore, all Indian ports are advised to exercise due vigilance and take effective/ appropriate measures.
Attention of all ports is drawn to IMO Circular MSC/Circ.1111 dated 7th June 2004- Guidance Relating To The Implementation Of SOLAS Chapter XI-2 and the ISPS Code, and IMO Circular MSC/Circ.1130 dated 14th December 2004- Guidance to Masters, Companies and duly authorised officers on the requirements relating to the submission of security related Information prior to the entry of a ship into port, which are attached for ready reference.
Under special circumstances, ships without appropriate documentation would be permitted to berth with prior approval of the Port Facility Security Officer. However, all such cases may be immediately brought to the notice of the nearest Mercantile Marine Department and the Directorate General of Shipping explaining the circumstances under which the vessel was permitted to enter the port facility limits.
Sd/-
(Capt. V. Baijal)
Dy. Nautical Adviser to the Govt. of India-cum-
Sr. Dy. Director General (Technical)
