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Ghana Maritime Security Act, 2004 (Act 675)

Section 23: (1) The company and master of a Ghanaian ship shall comply with the security levels set by this Act for the ship (a) prior to the ship's entry to a port facility within the country; and (b) during any period the ship is within a port facility in the country. (2) At security level 1, the master of a Ghanaian ship and a company of that ship, shall carry out the following activities in order to identify and take preventive measures against security incidents (a) ensuring the performance of all security duties; (b) controlling access to the ship; (c) controlling the embarkation of persons and their effects; (d) monitoring restricted areas to ensure that only authorised persons have access; (e) monitoring of dock areas and areas surrounding the ship; (f) supervising the handling of cargo and ship's stores; and (g) ensuring that security communication is readily available. (3) At security level 2, the company and the master of a Ghanaian ship shall ensure that, additional protective measures specified in the ship security plan are implemented for each activity specified in sub-section (2). (4) At security level 3, the company and the master of a Ghanaian ship she ensure that further specific protective measures, specified in the ship security plan are implemented for each activity specified in sub-section (2). (5) Where the Authority sets security levels 2 and 3, the master of a Ghanaian ship shall acknowledge receipt of all instructions on the change of the security level for that ship. (6) Prior to entry of a port or whilst within a port facility within the territory of another Contracting Government that has set (a) security level 2, the master of a Ghanaian ship shall acknowledge receipt of the instructions and communicate to the port facility security officer the initiation of the implementation of the appropriate measures and procedures as detailed in the ship security plan; or (b) security level 3, the master of a Ghanaian ship, shall in addition to the requirement under subsection (1), carry out instructions issued by that Contracting Government which has set security level 3. (7) Where there are difficulties in the implementation of the appropriate measures and procedures (a) contained in the ship security plan; or (b) issued by the Contracting Government under subsection (6), the master of the ship shall report to the competent authority of the Contracting Government of the difficulties, and the port facility security Officer and the ship security officer shall liaise and co-ordinate the appropriate actions. (8) Where the master of a Ghanaian ship (a) is required by the Authority to operate at a higher security level; or (b) is already operating at a higher security level than that set for the port it intends to enter or in which it is already located, the master of the ship shall without undue delay, inform the competent authority of the Contracting Government within whose territory the port facility is located of the appropriate action to be taken. (9) Where a report is made under subsection (7), the ship security officer shall liaise with the port facility security officer designated under section 57, and may if necessary, co-ordinate appropriate actions. (10) Where the Authority has set security levels, (a) the Authority shall ensure the provision of information to the masters of ships that operate in or intend to enter Ghana's maritime jurisdiction in respect of[As substituted by the Ghana Maritime Security (Amendment) Act, 2011 (Act 824), s. 4(a)] (i)applicable security levels; and (ii)applicable security measures that need to be taken by the ship; and (b) the master of a ship that intends to enter Ghana's maritime jurisdiction shall maintain vigilance and report to the Authority immediately, of any information likely to affect maritime security in the respective area.[As substituted by the Ghana Maritime Security (Amendment) Act, 2011 (Act 824), s. 4(b)]

Subject : Scope of Application  

Procedure to Follow


Section 41: Where a control measure is imposed under subsection (1) of section 39, or action is taken under section 42, the Director-General shall,
(a) with respect to a ship which is not a Ghanaian ship, advise in writing, the ship's administration of,
(i)  the control measure imposed or action taken; and
(ii) the reasons for imposing the control measure or taking the action; and
(b) provide written notice, specifying when the control measure was imposed or the action taken, to
(i)   the International Maritime Organisation;
(ii) the recognised security organisation that issued the certificate to the ship concerned where applicable; or
(iii) the ship's administration.
(2) Where a ship is expelled from a port under subsection 1(e) of section 39, or entry into a port is denied under subsection (3) of section 37, the Director-General shall communicate the information to the relevant authority of
(a)  the State of the next known port of call, and
(b)  any other coastal State.
(3) The communication under subsection (2) shall
(a)  include the following information:
(i)  particulars of the ship's name, flag, identification number, call sign, ship type and cargo;
(ii)  reasons for denial of entry or expulsion from a port or port areas;
(iii) the nature of any security measures not complied with where applicable;
(iv) details of any attempts made to rectify any non-compliance with security measures including any conditions imposed on the ship for the voyages, where applicable;
(v)  any previous port of call and next following declared port of call;
(vi) time of departure of the ship and the likely estimated time of arrival of the ship at those ports;
(vii) any instructions given to the ship;
(viii) available information on the security level at which the ship is operating;
(ix) any information in respect of communication the Authority has had with the ship's administration;
(x) the contact point within the Authority for the purpose of obtaining further information;
(xi)  the crew list;
(xii) any other relevant information; and
(b) take into account any relevant official guidelines of the International Maritime Organisation.
(4) A person who, without reasonable excuse fails to comply with a control measure imposed by the Director-General under subsection (1) of section 39, commits an offence and is liable on summary conviction
(a) in the case fail an individual, to fine not exceeding 2,500 penalty units or to a term of  imprisonment not exceeding 2 years; and
(b) in the case of a body corporate, to a fine of not less than 2,500 penalty units and not exceeding 5,000 penalty units.

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