UNITEL MARINE SECURITY SERVICES
ships

Security & Risk Consulting Services to the Maritime Industry

Introduction

Since 1977, UNITEL has been providing security and risk consulting services to private industry. Since 9/11, emphasis has shifted dramatically to securing the maritime industry, particularly merchant vessels and maritime ports worldwide. In the wake of the terrorist events on 9/11/01, the IMO (International Maritime Organization of the UN) opened the 22nd Assembly of the IMO in November 2001 in which the Assembly agreed to convene a special Conference in December 2001 on Maritime Security and to adopt new regulations to enhance ship and port security and avert shipping from becoming a target of international terrorism. Out of that Conference came changes to the SOLAS Convention (The International Convention for the safety of life at sea) and the adoption of the ISPS Code (International Ship and Port Facility Security Code) on December 13, 2002.

This Code aims to establish an international framework for 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 ship or port facilities used in international trade and to establish relevant roles and responsibilities at the national and international level. The Conference also adopted several related resolutions and amendments to chapters V and XI (now X1-1 and X1-2) of the 1974 SOLAS Conventions. Under Chap. X1-2, the ISPS Code became mandatory on 1 July 2004.

Summary of U.S.C.G. Maritime Security Regulations

Contemporaneously, in the United States, The U.S. Coast Guard (now merged into the Department of Homeland Security) and the designated Lead Federal Agency for Maritime Home Security, adopted stringent new rules and regulations to protect the country from terrorist threats and attacks within the newly designated U.S. Maritime Domain. The Maritime Transportation Security Act of 2002 gave the Coast Guard new responsibilities in the global war on terrorism. The Coast Guard enacted a new strategy called The U.S. Coast Guard Maritime Strategy for Homeland Security. This role is set forth in the December 23, 2002 letter from Admiral Thomas A. Collins, Commandant of the Coast Guard:

"THE COMMANDANT OF THE UNITED STATES COAST GUARD

Washington, D.C. 20593-0001

December 23, 2002

Commandant's Letter of Promulgation

The United States is engaged in a multi-front war against global terrorism both at home and abroad. For the foreseeable future, our homeland is vulnerable to attack by terrorists who seek to take advantage of weaknesses in our defenses and our preparedness, including exploitation of the access offered by the oceans and maritime transportation systems.

To protect America from the terrorist threat, the President prepared the National Strategy for Homeland Security, a bold blueprint for action that will protect America and reduce our vulnerabilities. Further, the President proposed and subsequently signed into law, legislation to create the Department of Homeland Security that will for the first time create a single federal Department whose primary purpose is to protect our homeland against terrorist threats. As this new Department now prepares to assume its central role in implementing the National Strategy for Homeland Security, the U.S. Coast Guard is likewise prepared to meet its responsibilities to prevent terrorist attacks, reduce America's vulnerability, and respond to and minimize the damage from attacks in the U.S. Maritime Domain. This U.S. Coast Guard Maritime Strategy for Homeland Security supports both the President's National Security Strategy of the United States of America and the National Strategy for Homeland Security, and follows their direction for securing the U.S. homeland in the global war or terrorism. This strategy also recognizes new responsibilities given to the Coast Guard in the Maritime Transportation Security Act of 2002.

The Maritime Strategy balances the Coast Guard's responsibility for upholding America's maritime security against the terrorist threat with the imperatives of preserving our fundamental liberties and economic well-being. And, it defines the Coast Guard's homeland security roles, serving as the lead federal agency for Maritime Homeland Security when responses require civil authorities, as a supporting agency to another designated lead federal agency for specific events, or as a supporting or supported commander for military operations.

The strategic approach places a premium on identifying and intercepting threats well before they reach U.S. shores by conducting layered, multi-agency, maritime security operations and by strengthening the port security posture of strategic economic and military ports. This Maritime Strategy also supports the Coast Guard's multi-mission responsibilities regarding the array of other dangerous threats in the U.S. Maritime Domain - drug smuggling, illegal migration, international organized crime, resource exploitation, infections diseases, and environmental degradation.

The President has stated in the National Strategy for Homeland Security that, "Securing the American Homeland is a challenge of monumental scale and complexity. But the U.S. government has no more important mission." While all the missions of the Coast Guard remain vital, Homeland Security is at the forefront. With your steadfast dedication and commitment to this Maritime Strategy, we will prevail in this war against terrorism.

THOMAS H. COLLINS
Admiral, U.S. Coast Guard"

IMO SOLAS/ISPS Amendments and Code Will Apply in U.S. Maritime Waters

In U.S. maritime jurisdiction waters, the IMO security initiatives set forth in the ISPS Code and SOLAS amendments, which become mandatory on 1 July 2004, will be applicable in U.S. jurisdictions as to vessels and ports. At all times, the U.S. Coast Guard remains the principal Lead Federal Agency for Maritime Strategy.

The Maritime Transportation Security Act of 2002 (MTSA) Department of Homeland Security) became law on November 25, 2002 and will be interim regulations starting 1 July 2003 pending further hearings until October 25, 2003 when final rules will be implemented. The major components of the MTSA are Port Threat & Vulnerability Assessments, Vessel and Facility Vulnerability Assessments and Foreign Port Assessments.

For Regulatory highlights see below:

U. S. DEPARTMENT OF HOMELAND SECURITY
Office of the Press Secretary
REGULATORY HIGHLIGHTS
July 2003 - Summarized Regulations

NEW MARITIME SECURITY REGULATIONS

MAKING OUR WATERS SAFER: The Maritime Transportation Security Act of 2002 (MTSA), the new security amendments to the International Convention for the Safety of Life at Sea 1974 (SOLAS), and its complementary International Ship and Port Facility Security Code (ISPS) strengthen and add additional protective layers of defense to our Nation's port security.

  • MTSA: Designed to protect the nation's ports and waterways from a terrorist attack. Landmark legislation that requires area maritime security committees, security plans for facilities and vessels that may be involved in a transportation security incident.
  • ISPS: First multilateral ship and port security standard ever created. Implementation scheduled for 2004; requires all nations to develop port and ship security plans.

    Regulations specify requirements for:
    • Security assessments, development of security plans, implementation of measures to address access control, security monitoring, and physical, passenger, personnel, baggage and cargo security.
    • Annual exercises and/or drills
    • Designation of security personnel for each vessel or facility
    • Installation of Automatic Identification System (AIS), equipment that automatically sends detailed ship information to other ships and shore-based agencies.

WHO THE REGULATIONS WILL APPLY TO: The regulations focus on those entities that may be involved in a transportation security incident, including various tank vessels, barges, large passenger vessels, cargo vessels, towing vessels, offshore oil and gas platforms, and port facilities that handle certain kinds of dangerous cargo or service the vessels listed above.

WHEN: July 1, 2003 Temporary Interim Rules published; Effective date of regulations
  July 23, 2003 Public Meeting in Washington, D.C.
  July 31, 2003 Deadline for submission of written comments
  October 2003 Projected publication of Final Rule
  November 2003 Effective date of Final Rules (30 days from publication)
  Dec. 31, 2003 Deadline for submission of security plans
  July 1, 2004 International and domestic deadline for implementation of MTSA regulations & ISPS requirements.
     
WHERE:
Ports of all sizes throughout the country and the world

 

Summary of Significant USCG and MTSA Sections as they Interact with SOLAS/ISPS

Implementation of Interim National Maritime Security Initiatives (effective 1 July 2003 until November 25, 2003)

Coordination with SOLAS Requirements

         For each interim rule, the requirements of the MTSA Section 102 align, where appropriate, with the security requirements embodied in the SOLAS amendments and the ISPS Code; however, the MTSA has broader application that includes domestic vessels and facilities. Thus where appropriate, the Coast Guard intends to implement the MTSA through the requirements in the SOLAS amendments and the ISPS Code, pats A and B, for all vessels and facilities that are currently required to meet SOLAS as well as those vessels on international voyages that fall below the mandated 500 gross tonnage (ITC) threshold and facilities that are at risk of being involved in a transportation security incident.

         In aligning the MTSA Section 102 requirements with the SOLAS amendments and the ISPS Code security requirements, we consider that the implementation of these requirements is best done through mandating compliance with the SOLAS amendments and the ISPS Code. The Coast Guard considers ISPS Code, part B an essential element to ensure full and effective compliance with the intent of the MTSA. Foreign Flag vessels entering the U.S. will be expected to carry valid International Ship Security Certificates (ISSC) and have the security plans fully implemented. The relevant provision in ISPS Code, part B, will be taken into account by Port State Control Officers to assess if the security plan is fully implemented as required by the interim rules. (Fed. Register July, 1, 2003 Part II Department of Homeland Security, 39240)

         The MTSA mandates vessels that are required to conduct security assessments and develop security plans to submit their vessel security plan within 6 months of the publication of this interim rule. It also mandates that the vessels shall be in compliance with their approved security plan within 12 months of the publication of this interim rule … . (Note, these sections are interim and subject to further public hearings until final in the fall of 2003.)

Additional Comment on the Interaction of the MTSA and SOLAS-ISPS

Notice to all mariners from Holland & Knight (maritime lawyers) on conflicts between the MTSA and the SOLAS/ISPS codes:
July 11, 2003, Law Offices of HOLLAND & KNIGHT LLP - Maritime Item - Special Edition

Note: Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. If links become broken (generally due to length of URL), it is recommended that you go to our Web site - Current Maritime Developments <http://www.hklaw.com/maritimedev.asp> - which contains the same information in HTML format.


Foreign Compliance with U.S. Maritime Security Requirements

"The Maritime Transportation Security Act (MTSA), adopted by the U.S. Congress, unfortunately is not fully consistent with the international maritime security regulations adopted as amendments to the International Convention for the Safety of Life at Sea (SOLAS Convention). For the most part, the international requirements may be found in the International Ship and Port Facility Security (ISPS) Code. The regulations recently issued by the U.S. Coast Guard largely adopt and implement the international provisions, but are silent on various provisions in the MTSA. Since the liability of a ship owner or operator for a transportation security incident that may occur in the United States will be judged based upon compliance with both the applicable U.S. Coast Guard regulations and the applicable federal statutes, it is recommended that owners and operators of ships calling at U.S. ports carefully consider the guidance found in Foreign Compliance with U.S. Maritime Security Requirements."
<http://www.hklaw.com/Publications/Newsletters.asp?ID=385>. (7/11/03).
© Haight Gardner Holland & Knight - July 2003
Redistribution permitted with attribution. (For further contact: Dennis L. Bryant, Esq., 202-828-1865)

For further details of the U.S. rules go to: Current Maritime Developments, status of U.S. Ports (7/1/03) at: http://www.hklaw.com/maritimedev.asp

International Maritime Organization (IMO)

The SOLAS/ISPS Codes & Compliance

Maritime Security Issues - Notice to Mariners & Ship Operators

Warning - Early Implementation (IMO Circular 1067, 28 February 2003):

Effective 1 July 2004, The IMO regulations concerning comprehensive maritime security measures known as the SOLAS Code (1974 Safety of Life at Sea Convention) and the new International Ship and Port Facility Security Code (ISPS) enter into force on that date.

The IMO cautions (see MSC/Circ.1067, 28 Feb. 2003) that early implementation of the special measures to enhance Maritime Security must be given the highest priority and ship operators should not wait until the codes take mandatory effect as control actions against vessels and operators entail serious penalties for ships found not in compliance with the applicable requirements of SOLAS and the ISPS Code. [www.imo.org/includes/blastdataonly.asp/data_ID%3D6909/1067.pdf]

Set forth below is the relevant IMO sections and text amendments of the SOLAS and ISPS Code Sections with appropriate underlined Links to the IMO web site. Ship operators should avail themselves of obtaining the required ISPS books and documents directly from IMO Publications rather than ordering from the Internet unauthorized copies (to order the ISPS Code, 2003 Edition from the IMO Internet site, go to: imo.org)

ISPS Code (International Ship and Port Facility Security Code)

The IMO Conference adopted the new ISPS Code at their convention in London from 9 - 13 December 2002. The Conference also adopted several amendments to the 1974 SOLAS Convention and created new Chapters XI-1 and XI-2 (Contains the umbrella regulations). The Code contains detailed security-related requirements for governments, port authorities, shipping companies and Recognized Security Organizations (RSO) in a mandatory section (Part A) together with a series of guidelines about meeting the requirements in a second non-mandatory section (Part B).

Set forth below is the links to the relevant ISPS/SOLAS Regulations and Code Sections:

Early Implementation of the Special Measures to Enhance Maritime Security.
IMO Adopts Comprehensive Maritime Security Measures
For a complete viewing of the International Maritime Organization, go to: http://www.imo.org and click on "Marine Environment." www.imo.org/Newsroom/mainframe.asp?topic_ID=583&doc_id=2689

The RSO Function

The RSO (Recognized Security Organizations) is an organization that receives authorization from a Contracting Government to undertake certain security related activities including:

  • Approval of Ship Security Plans, or amendments thereto, on behalf of the Administration
  • Verification and certification of compliance of ships with the requirements of chapter XI-2 and Part A of this Code on behalf of the Administration; and Conducting Port Facility Security
  • Assessments required by the Contracting Government.
    (SOLAS/CONF.5/34 par.4.3)
    [www.lr.org/market_sector/Maritime/maritime-security/index.htm]

RSO and Classification Societies - Separation of Responsibilities

In addition, there is a separation of responsibility required of RSO's. While an RSO may advise or provide assistance to Companies or port facilities on security matters, that RSO may not approve that ship security plan. (SOLAS/CONF.5/34, par. 4.4) The practical effect of this separation of powers, suggests that the RSO that has been authorized by the Flag Administration (Contracting Government) expects by custom and experience to be the mandated approval body and not act as the security assessment consultant. This separation of function was further emphasized by the IMO in a Circular issued on 10 June 2003 (Circular MSC/Circ. 1074), Interim Guidelines For The Authorization of RSO's, which stated therein: "2 In no instance may the RSO approve, verify, or certify a work product that it has developed" (e.g. preparation ship security assessments, preparation ship security plans or of amendments under review.)
(http://www.lr.org/image_library/Downloads/ISPS_Code.pdf)

Classification Societies

There are several Classification Societies that will be acting as an RSO. See, e.g., Bureau Veritas (bureauveritas.com). BV group is one of the largest classification societies in the world with 420 marine survey stations in 140 countries with their head office in Paris La Defense.

Other Classification Societies

IACS (International Association of Classification Societies) www.iacs.org.uk
IACS (External Maritime Links) www.iacs.org.uk/links.htm
IACS (Member Societies) www.iacs.org.uk/members.htm

Port Security

UNITEL's Maritime Security specialists provide security consulting services for clients concerned with security and safety of port facilities, oil storage areas, LNG off-loading facilities and floating platforms for off-shore applications, cargo and container facilities and other related concerns.

UNITEL performs audit and security evaluations for clients needing appraisal studies of security and safety considerations in a particular port anywhere in the world. These audit studies provide client's management with needed information to assist operational planning, investment needs or negotiating points with municipal or governmental port operators.

Other Maritime Developments (see www.hklaw.com/maritimedev.asp)

Terrorism Risk Insurance Program - Regulations

As noted in a recent edition of Maritime Items, the U.S. Department of the Treasury has issued a final rule establishing the purpose and scope of the Terrorism Risk Insurance Program and key definitions that Treasury will use in implementing the program. The final rule largely adopts the provisions of the interim rule issued in February. The new rule comes into effect immediately. 68 Fed. Reg. 41250 (July 11, 2003).

Transport Canada guide to ISPS Code

Transport Canada issued its Guide to the International Ship and Port Facility Security (ISPS) Code. The guide outlines the principal obligations of Transport Canada, as well as Canadian ship companies and port facility operators under the Code. (7/9/03)

Additional Maritime Links:

For additional sites relating to Maritime and Port security concerns see:

U.S. Coast Guard: www.uscg.mil/USCG.shtm
U.S. Coast Guard (NVIC Index): www.uscg.mil/hq/g-m/nvic/index.htm
Department of Homeland Security: www.uscg.mil/dhspublic
British Coast Guard: www.mcagency.org.uk/
Canadian Coast Guard: http://www.ccg-gcc.gc.ca/main_e.htm
NRT (National Response Team): http://www.nrt.org/
NRT Preparedness Links: www.nrt.org/production/nrt/home.nsf/0/24b3ce48cc5c649585256646005cd9fa?OpenDocument
ABS (Additional Links): http://www.eagle.org/links.html
Holland & Knight LLP(Martime Lawyers) site: www.hklaw.com./maritimedev.asp
Jane's Information Group: www.janes.com
Jane's Naval forces Information: www.janes.com/defence/naval_forces
U.S. Merchant Marine Academy: www.usmma.edu
U.S. Navy: www.navy.mil/
USMMA Maritime Transportation Training: www.usmma.edu/gmats/default.htm


Security Compliance Consulting Services - SOLAS/ISPS/MTSA

UNITEL Security Services has been providing security and risk consulting services to private industry and corporate clients since 1977. See (www.unitel.com) for details of the varied services offered. Management backgrounds include service with federal and foreign law enforcement and intelligence agencies with emphasis on anti-terrorism experience. Since 9/11/01, UNITEL has devoted additional effort to providing security consulting services to the Maritime sectors to provide owners and operators confidential security and risk consulting services.

To assist ship owners and operators meet the stringent requirements of the new Code, UNITEL provides consultancy services to assist management understand the requirements and carry out the required security assessment steps and vulnerability assessment to identify the overall threats the client is trying to protect against. Our services focus on the following risk-reduction areas:

  • Assist with the designation and training of the Company Security Officer, and Ship Security Officer for each ship and facility
  • Carry out the Ship Security Assessment and preparation of the required Plan and submission of the Plan for approval by a recognized RSO (Recognized Security Organization)
  • Liaison with the appropriate RSO for submission and audit approval of the ship's security
    assessment plans and issuance of the International Ship Security Certificate (ISSC)
  • Training of client staff for developing and implementing systems to comply with the ISPS & ISM (International Safety Management Codes)
  • Liaison with the applicable Port Authorities for vessel port entry compliance with the Port Threat Analysis levels
  • Inspections for vessel equipment inventory in compliance with the Code.
  • Related consulting on reducing the vessel's vulnerability levels while at sea/port.
  • Assistance in the event of terrorist acts or piracy directed at a particular vessel.
  • Assistance to local governments on port security studies.

UNITEL, a leading security consulting company, is a member of OSAC (Overseas Security Advisory Council, U.S. State Department), AFIO (Association of Former Intelligence Officers) and The Maritime Security Council.

Interested ship owners/operators and maritime agents should contact UNITEL in confidence for further details. Our e-mail address is: DBL007@att.net

UNITEL
(unitel.com)
William P. Callahan, Esq.
President, UNITEL
The Maritime Building
17 Battery Place, Suite 1226
New York, NY 10004
Tel: 212-889-3000
Email: DBL007@att.net

Mr. Callahan is the president & CEO of UNITEL and is a recognized security-consulting expert for private industry and corporate clients worldwide. He was formerly a federal prosecutor with the U.S. Justice Department assigned to a special White House Office Task Force on narcotics and money laundering enforcement. Mr. Callahan is also an attorney with maritime law background and acts as special investigative counsel to the International Longshoremen's Association (ILA). He is a special advisor to ABC News in New York on breaking terrorism stories and was a special advisor to Motor Boating and Yachting Magazine on maritime crime stories. He served on active duty in the U.S Navy. He is a member of the State Department's Overseas Security Advisory Council (OSAC), Maritime Security Council and the Association of Former Intelligence Officers (AFIO).

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