Ghana Maritime Security Act, 2004 (Act 675)
Section 37: (1) The master of a ship that intends to enter a port within the country shall prior to entry into that port, provide the Director-General with the following details:
(a) evidence that the ship possesses an International Ship Security Certificate;
(b) evidence of the security level at which the ship is operating;
(c) evidence of the security level at which the ship operated during the period of its last 10 calls at port where it conducted a ship-port interface;
(d) evidence of any special additional security measures that were taken by the ship during the period of its last 10 ports of call where it conducted a ship-port interface;
(e) evidence that the appropriate ship security procedures were maintained during any ship-to-ship activity during the period of its last 10 ports of call; and
(f) any other practical security-related details excluding details of the ship security plan, but including
(i) any information contained in the continuous synopsis record;
(ii) the location of the ship at the time the report is made;
(iii) the expected time of arrival of the ship in port;
(iv) the crew list;
(v) a general description of cargo aboard the ship;
(vi) the passenger list; and
(vii) information required under regulation X1-2/5 of the Convention.
(2) The master shall keep a record of the information specified in sub-section (1) for the last 10 calls at port facilities.
(3) Where a master declines to provide the information or confirmation specified in subsection (1), or fails to comply with sub-section (2), the Director-General may deny the ship entry to port.
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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