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Ghana Maritime Security Act, 2004 (Act 675)

section 11: (1) A request for the completion or modification of a Declaration of Security may be lodged in writing by (a) the master of a ship, (b) the ship security officer designated under section 44; (c) the port facility security officer designated under section 57; or (d) any other person the Minister determines with the master or ship security officer of any other ship as the case may be. (2) A request for the completion or modification of a Declaration of Security, shall be acknowledged in writing by the respective port facility or master of the ship. (3) A request for the completion of a Declaration of Security under subsection (1) may be made where (a) the ship is operating at a higher security level than the port facility or any other ship it is interfacing with; (b) there is an agreement on a Declaration of Security between the Republic and a flag state covering certain international voyages or specific ships on those voyages; (c) there has been a security threat or a security incident involving the port facility; (d) the ship is at a port which is not required to have and implement an approved port facility security plan; or (e) the ship is conducting ship-to-ship activities with any other ship not required to have and implement an approved ship security plan. (4) A port facility security officer may in circumstances specified under paragraph (a) of subsection (3) request in the form specified in Schedule I, for a Declaration of Security and lodge that request with the master of a ship or the ship security officer for the completion or modification of a Declaration of Security. (5) The master of a ship or a ship security officer may in circumstances specified under paragraphs (d) and (e) of subsection (3), lodge a written request in the form specified in Schedule I with the master, for the completion or modification of a Declaration of Security.

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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