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World Bank Guide to Supply Chain Security 
ISPS Code (716kb)
ISPS Code Introduction (807kb)
IMO ISPS Code - Security Assessments and Plans (Powerpoint)
The role of Customs (Powerpoint)
Code of Practice of Security in Ports (152kb)
Example from ISPS Practical Pack Section 5 - Restricted Areas (257kb)
ISPS ship advisory services factsheet (33kb)
ISPS port advisory services factsheet (33kb)
 

BIMCO PUBLISHES ISPS CLAUSE

In response to a growing demand from the industry for a standard clause to address ISPS Code issues in a charter party context, Danish based international shipping organisation BIMCO has published a Standard ISPS Clause for Time Charter Parties. BIMCO has focussed on producing a time charter party clause as many owners and charterers are presently concluding time charters with periods that will overrun the 1 July 2004 latest implementation date for the ISPS Code.

According to BIMCO’s Deputy Secretary General, Soren Larsen “Among the measures imposed by the ISPS Code are requirements which the ship owners can only meet with the co-operation of the charterers, such as providing information about the full style contact details of the charterers and any sub-charterers”. Larsen added “Delays, costs and expenses may well be incurred in connection with security measures taken by the local port authority or other relevant authority according to the ISPS Code; the burden of which must be borne by the owners or the charterers or shared between them”. He went on to say “It is the allocation of liability between the owners and the charterers for these delays, costs and expenses that the BIMCO ISPS Clause aims to address”.

The first part of the BIMCO ISPS Clause sets out the basic requirement for the owners to comply with the relevant parts of the ISPS Code as of 1 July 2004. The owners are also required to provide the charterers with documentary evidence of their compliance and give full style contact details of the operating owners’ Company Security Officer. The second part of the Clause addresses the charterers’ reciprocal obligations to provide the owners with their full style contact details and those of any sub-charterers.

BIMCO believes that the ISPS Clause offers a balanced solution both for owners and charterers to fairly address the issues of delays, costs and expenses arising out of or related to security regulations or measures required to comply with the ISPS Code.

Firstly, the Clause provides that all delays, costs or expenses arising out of security measures taken by the port facilities or other relevant authority in accordance with the ISPS Code will be for the charterers’ account. This requirement is irrespective of the security level imposed in the particular port or area.

Secondly, the Clause addresses the owners’ liabilities and makes it clear that the owners are accountable for all measures taken to comply with the Ship Security Plan. For example, where the owners are required under their Ship Security Plan to use two guards at the gangway, even though the port security regulations require only one guard, such costs will be borne by the owners. The cost of preparing and implementing a Ship Security Plan for Levels 1, 2 and 3 are for the owners’ account.

The Standard ISPS Clause was drafted by a group of commercial, legal and insurance experts drawn from BIMCO’s membership and has been approved by BIMCO’s 70-strong Documentary Committee. Copies of the full text of the Clause are available from the Clauses Section of BIMCO’s web site at www.bimco.dk. A set of Explanatory Notes may be obtained from the Secretariat by contacting documentary@bimco.dk.

BIMCO PRESS RELEASE - 1 Dec 2003

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