Ghana Maritime Security Act, 2004 (Act 675)
Section 18: (1) A ship security plan shall provide for
(a) the three security levels required under this Act including details of measures to be undertaken or implemented in connection with the security levels; and
(b) the application of a Declaration of Security.
(2) A ship security plan shall include the following details
(a) the measures designed to prevent weapons, dangerous substances and devices intended for use against persons, ships, or ports and the carriage of which is not authorised from being taken on board the ship;
(b) identification of the restricted areas and measures for the prevention of unauthorised access to the ship;
(c) the measures for the prevention of unauthorised access to the ship;
(d) the procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations for the ship-to-ship or ship-port interface;
(e) the procedures for responding to any security directives issued by the Director-General in respect of security level 3;
(f) the procedures for evacuation in case of security threats or breaches of security;
(g) the duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects;
(h) the procedures for auditing the security activities;
(i) the procedures for training, drills and exercises associated with the plan;
(j) the procedures for interfacing with port facility security activities;
(k) the procedures for the periodic review and updating of the plan;
(l) the procedures for reporting security incidents;
(m) identification of the company security officer designated under section 43 including 24 hour contact details;
(n) identification of the ship security officer designated under section 44;
(o) the procedures to ensure the inspection, testing, calibration and, maintenance of any security equipment provided on board;
(p) the frequency for testing or calibration of any security equipment provided on board;
(q) identification of the locations where the ship security alert system activation points are provided; and
(r) the procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting to limit false alerts.
(3) For purposes of ensuring confidentiality of the ship security plan,
(a) the Authority may give its approval for information under paragraphs (l), (q) and (r) of subsection (2) to be kept in a document on board the ship; and
(b) knowledge of the location of the information specified under paragraph (a), shall be limited to the master, ship security officer and any other senior shipboard personnel determined by the company of the ship.
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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