Ghana Maritime Security Act, 2004 (Act 675)
Section 1:(1) This Act applies to
(a) the following types of ships on international voyages
(i) passenger ships, including high speed craft; and
(ii) cargo ships, including high speed craft of 500 gross tonnage or more;
(b) mobile offshore drilling units that are located within Ghana's maritime jurisdiction;[As substituted by the Ghana Maritime Security (Amendment) Act, 2011 (Act 824), s.1(a)]
(c) pleasure craft; and
(d) port facilities within Ghana's maritime jurisdiction that serve a ship specified under paragraphs (a) and (b);[As substituted by the Ghana Maritime Security (Amendment) Act, 2011 (Act 824), s.1(d)]
(e) other offshore marine installations designated by the Minister by publication in the Gazette.[As inserted by the Ghana Maritime Security (Amendment) Act, 2011 (Act 824), s.1(c)]
(2) The Minister may
(a) after due consideration of a port facility security assessment, conducted in accordance with this Act; and
(b) having regard to the level of security required to be achieved under this Act;
extend by notice published in the Gazette the application of this Act to specified port facilities within the country which although used primarily by ships not engaged on international voyages, are required occasionally, to serve ships that arrive from or depart on an international voyage.
(3) This Act shall not apply to
(a) the following ships owned or operated by the Republic and used only for non-commercial activities,
(i) a warship, or
(ii) a ship designated for naval, military, customs or law enforcement purposes; or
(b) part of or the whole of a port that is
(i) protected with security, and
(ii) under the exclusive control of the Ghana Armed Forces.
(4) The provisions of Part B of the Code shall be read as one with this Act, and shall apply subject to such modification as may be necessary to give effect to this Act.
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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