U.S. Coast Guard aggressively enforcing ISPS code

U.S. Coast Guard aggressively enforcing ISPS code

Ensuring strict foreign enforcement of new security standards remains a challenge

      New merchant ship and port security requirements are being enforced "aggressively" in the United States, the U.S. Coast Guard commandant said July 27.
     Speaking to reporters in Washington, Adm. Thomas H. Collins said the mandates provide "an overarching security framework" to help the U.S. and other countries prevent seaborne terrorist attacks.
     The security rules were adopted worldwide through the International Maritime Organization's International Ship and Port Facility Code, or ISPS, which was ratified by the U.S. and 146 other countries. The ISPS went into effect July 1.
     In the U.S., the IMO code is complemented by the Maritime Transportation Security Act of 2003, which also went into effect July 1.
     "We have a new security regime in place, and that's a good news story," Adm. Collins said. "We developed standards--both international and domestic--and got over 140 nations to sign this new protocol in a year's time. It's unprecedented."
     Adm. Collins added: "I think we have come a long way since 9/11 in trying to build a robust security regime for maritime."
     The challenge now, he said, is to ensure that ISPS enforcement in other countries is as "vigorous" as it is in the U.S.
     The Coast Guard is assigning 500 additional personnel to ISPS enforcement and working with other governments to identify potentially troublesome U.S.-bound vessels overseas. "If not, we can take certain intervention actions as a port state," Adm. Collins noted. "They have to send their ships to us and, if they want their ships to enter the United States, they better be practicing good security where they are." Under the IMO code, port states can bar non-compliant vessels from their waters or detain them once they are in sovereign jurisdiction.
     The Coast Guard July 1 began boarding foreign-flagged ships near U.S. ports to validate ISPS compliance certificates issued by the countries of registry. Ships without the certificates were barred from ports. Vessels that had certificates but failed to meet the ISPS standards were escorted to international waters.
     The Coast Guard said it will analyze its inspection results and rate each flag state on how well it enforces the ISPS. Countries that issue ISPS certificates "inappropriately" will face tougher scrutiny when approaching the U.S.
     In addition, the Coast Guard will inspect ports in 135 countries to determine which ones pose security risks. Ships departing such ports for the U.S. will be inspected fully.
     "This really helps the whole needle-in-a-haystack problem by helping you target ships that present the higher risk," said Coast Guard spokeswoman Jolie Shifflet.
     In the first five days of ISPS and the Maritime Security Transportation Act, only six of the 270 foreign-flagged merchant ships inspected by the Coast Guard were denied port entry, detained or escorted from port, according to media reports.
     "Overall, I think the results were very positive," Coast Guard Capt. Joe Servidio told the London-based Lloyd's List. "The vessels knew what they needed to do and were in compliance." Capt. Servidio is the Coast Guard's principal ISPS compliance officer in Washington.
     While the Coast Guard has "a picture of how vessel compliance is going to go, there is not the same clarity on the port side," Capt. Servidio said.
     On July 13, the Coast Guard reminded merchant ship operators worldwide that they must notify the U.S. of ship arrival times, and that such notice must include confirmation that the vessels have valid ISPS certificates.
     "We have experienced problems with vessel operators failing to obtain the required certificates and, in some cases, filing incomplete or inaccurate information," said Rear Adm. Larry Hereth, the Coast Guard's port security director. "This has led to delays or entry denials which could have been avoided by paying attention to the requirements."
     Meanwhile, the Government Accountability Office--formerly the General Accounting Office--warned that the Coast Guard may not be equipped to monitor and verify port compliance with ISPS effectively over the long haul.
     "Questions remain about whether the USCG will have enough inspectors, a training program sufficient to overcome major differences in experience levels among inspectors, and adequate guidance to help inspectors conduct thorough, consistent reviews," the GAO said in a report to Congress.
     The Coast Guard "is focusing on the initial surge of monitoring activity," the GAO report said. "However, in the longer term, when the USCG plans to conduct annual compliance inspections for the more than 12,300 facilities and vessels, it faces the challenge of developing strategies to ensure that owners and operators continue implementing their plans."
     Capt. Servidio told Lloyd's the service is training additional inspectors. "As we capture more of the universe of foreign-flag ships, we will be able to devote more resources" to the effort, he said.

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