N.T. BRANCH CIRCULAR NO : NT/ISPS/PORT & SHIPS/06/2005
Dated : June 17, 2005
Subject : Boarding Operations in Port/at Sea by Law Enforcement Agencies
In a recent incident off Mundra port in Gujarat, the Master of a tug refused permission to Customs officials to board the vessel, as they failed to show their identification under the provisions of the ISPS Code and in accordance to the ship security plan. The Master raised the alarm and the officials left the ship.
This incident reflects the new development wherein normal boarding of ships by law enforcement agencies i.e. Coastguard, DRI, Customs and others to enforce laws at sea relating to anti-smuggling, anti- poaching and other violations of law is liable to clash with the provisions under the International Ship and Port Facility Security Code (ISPS Code). This is highly undesirable and steps need to be taken to prevent incidents such as quoted above from recurring.
It may be noted that as per the ISPS Code, Part B 9.9 Access to the ship: Section 9.12 clearly states that individuals unwilling or unable to establish their identity and/ or to confirm the purpose when requested to do so should be denied access to the ship and their attempt to obtain access should be reported, as appropriate, to the Ship Security Officer, the Company Security Officer, the Port Facility Security Officer and to the national or local authorities with security responsibilities.
The Ship Security Officer has every right under the provisions of the ISPS Code to demand identification documents from any person boarding the ship and to deny access to persons without proper identification documents. Failure or refusal to produce proper identification documents can lead the ship to raise the alarm as evident from the above incident.
In view of the above, it is requested to instruct officers of your organisation that they must produce their proper identification documents upon demand to avoid recurrence of such incidents even when the officers are in uniform. Ship Security Officers are advised not to hamper the access of personnel from law enforcement agencies upon proper verification of identification.
This
circular may kindly be circulated to all concerned.
This issues with the approval of Nautical Adviser to Govt. of India.
Sd/-
(Capt. V. Baijal)
Dy. Nautical Adviser to the Govt. of India-cum-
Sr. Dy. Director General (Technical)
