Ghana Maritime Security Act, 2004 (Act 675)
section 33: (1) Subject to where an International Ship Security Certificate is issued for a period of less than 5 years, the Authority may after compliance with the applicable provisions of section 29, extend the validity of the certificate beyond the expiry date to the maximum period specified under subsection (1) of section 30.
(2) Where a renewal verification has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Authority or a recognised security Organisation may endorse the existing certificate as valid only for a further period not exceeding 5 months from the expiry date.
(3) Where a certificate expires at a time when the respective ship is not in the port in which it is to be verified, the authority may only extend the validity of the certificate
(a) for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified;
(b) when the exigency of the circumstances require the extension; or
(c) for a period not exceeding 3 months.
(4) The ship to which an extension under subsection (3) applies, shall not on arrival at the port in which it is to be verified, leave that port without the new certificate in respect of the extended validity.
(5) The new certificate in respect of an extended validity under subsection (3) shall be valid for a period not exceeding 5 years from the expiry date of the existing certificate before the grant of the extension.
(6) Where a certificate issued to a ship engaged on a short voyage has not been extended under subsections (1) to (3), the Authority may extend the validity of that certificate,
(a) for a period of up to one month; and
(b) to run for a period not exceeding 5 years from the date of expiry of the existing certificate before the granted extension.
(7) Where an intermediate verification is completed before the expiration period of 5 years specified under subsection (1) of section 30, the expiry date
(a) on the certificate shall be amended by endorsement to a date that is not more than 3 years later than the date on which the intermediate verification was completed; or
(b) may remain unchanged provided any additional verification is carried out and the duration between verifications does not exceed 5 years.
(8) An endorsement for the extension of the validity of an International Ship Security Certificate shall be as specified in the forms in Schedule VI.
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.
Responsible Institution
Accra
- Email: info@ghanamaritime.org
- Website: https://www.ghanamaritime.org/
- GPS: GA-051-0461
- Telephone: +233 302663506, +233 302684392
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