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Ghana Maritime Security Act, 2004 (Act 675)

Section 47: (1) Where a ship is detained under subsection (1) (c) of section 39, a company of the ship shall pay to the Authority (a)  costs for the detention of that ship; (b)  incidental costs arising out of the detention of that ship including (i) costs for inspection and audit; and (ii) costs incurred by the port facility operator as a result of the detention. (2) The costs specified under subsection (1) are payable without prejudice to any other remedy the Authority is entitled to recover as a debt through the due process of law. (3) The Authority shall pay to the company of a ship, compensation for any loss resulting from the undue detention or undue delay of that ship. (4) A complainant shall indemnify the Authority for all costs for which the Authority is liable under sub-section (3), where (a) a ship is detained due to information provided by that complainant, (b) the information provided by the complainant is subsequently found to be false, and (c) the complainant knew that the information was false, at the time the complainant provided it. (5) In this section, "complainant" means a company that is aggrieved by the decision of the Authority in respect of the detention of the company's ship.

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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Responsible Institution


Ghana Maritime Authority

Accra

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