Ghana Maritime Security Act, 2004 Act 675

ACT 675
REPUBLIC OF GHANA
GHANA MARITIME SECURITY ACT, 2004 (ACT 675)
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
1. Scope of application.
PART II—PROVISIONS RELATING TO THE GHANA MARITIME AUTHORITY AND
RECOGNISED SECURITY ORGANISATIONS
2. Ghana Maritime Authority
3. Functions of the Authority
4. Delegation of Functions of Authority
5. Appointment by the Authority of recognised security organisations
6. Duties of recognised security organisations
PART III—GENERAL PROVISIONS RELATING TO SECURITY
7. Security levels for ship and port facilities
8. Provision of security level information
9. Declaration of Security
10. Content of notice of declaration of Security
11. Request for Declaration of Security
12. Alternative security agreement
13. Equivalent security arrangements
14. Testing of security plans
PART IV—SHIP SECURITY
Sub-Part 1—Ship security plan

Alternative security agreement
13. Equivalent security arrangements
14. Testing of security plans
PART IV—SHIP SECURITY
Sub-Part 1—Ship security plan

15. Ship security plan
16. Non-disclosure of ship security plan
17. Application for approval of ship security plan
18. Content of ship security plan
19. Approval of ship security plan
20. Appeals
21. Amendment to ship security plan
22. Enforcement of ship security plan
Sub-Part II—Ship Security Levels, Assessment and Systems
23. Compliance with ship security levels
24. Ship security assessment
25. Ship security systems
26. Notification of ship security alert
Sub-Part III—International Ship Security Certificate
27. International Ship Security Certificate
28. Application for an International Ship Security Certificate
29. Verification of ship for International Ship Security Certificate
30. Issuance of International Ship Security Certificate
31. Period of validity of International Ship Security Certificate
32. Validity of an International Ship Security Certificate
33. Extension of validity of International Ship Security Certificate
34. Cancellation of an International Ship Security Certificate
35. Interim International Ship Security Certificate
36. International Ship Security Certificate to be kept on board
Sub-Part IV—Control and Regulation of Ships in Ghanaian Ports
37.

Security Certificate
36. International Ship Security Certificate to be kept on board
Sub-Part IV—Control and Regulation of Ships in Ghanaian Ports
37.

Information required of all ships intending to enter Ghanaian ports
38. Acceptance of Convention documents
39. Control of ships in ports
40. Inspection of ship security plans
41. Procedure to follow where control measures are imposed.

f Convention documents
39. Control of ships in ports
40. Inspection of ship security plans
41. Procedure to follow where control measures are imposed.

42. Action to take where a ship is not in compliance with the Act
Sub-Part V—Designation of Officers and Responsibilities of Companies and Ship Personnel
43. Company security officer
44. Ship security officer
45. Shipboard personnel
46. Master's responsibilities for ship safety and security
47. Costs of detention
PART V—PORT SECURITY
48. Duties of port facility operator
49. Port facility security assessment
50. Report on port facility security assessment
51. Content of port facility security assessment
52. Port facility security plan
53. Content of port facility security plan
54. Submission of port facility security plan or amendment for approval
55. Approval by Minister of port facility security plan or amendment
56. Review of decision not to approve port facility security plan
57. Port facility security officer
58. Designation of port security zone
59. Matters to be considered in establishing port security zone
60. Restrictions with respect to port security zones
61. Taking weapons onto ships or into port security zones
62. Screening and searching powers
63. Power to seize and detain items
64. Cost of seizures
65. Person who refuses screening or searching
66.

ty zones
62. Screening and searching powers
63. Power to seize and detain items
64. Cost of seizures
65. Person who refuses screening or searching
66.

Search of persons who refuse to be searched
67. Right of access to port security zones and ships
68. Authority may declare exclusion zones for ships
69. Entering or leaving exclusion zones without authorisation

ess to port security zones and ships
68. Authority may declare exclusion zones for ships
69. Entering or leaving exclusion zones without authorisation

PART VI—MISCELLANEOUS PROVISIONS
70. Ministerial responsibility and directives
71. Maritime security officers
72. Regulations
73. Consequential amendment
74. Interpretation
SCHEDULES
Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V
Schedule VI
Schedule VII
Schedule VIII
THE SIX HUNDRED AND SEVENTY-FIFTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
GHANA MARITIME SECURITY ACT, 2004
AN ACT to give effect to Chapter XI-2 of the International Convention for the Safety of Life
at Sea, 1974 (SOLAS) as amended; to enhance maritime safety and security; to create a legal
framework for the effect compliance with the International Ship and Port Facility Code
(ISPS) in this country; and to provide for related matters.

gal
framework for the effect compliance with the International Ship and Port Facility Code
(ISPS) in this country; and to provide for related matters.

DATE OF ASSENT: 1st November, 2004
BE IT ENACTED by Parliament as follows:
WHEREAS a Conference of Contracting Governments to the International Convention for
the Safety of Life at Sea 1974 known as the Diplomatic Conference on Maritime Security in
December 2002 adopted new provisions in the International Convention for the Safety of Life
at Sea, 1974 and the International Ship and Port Facility Code;
WHEREAS the adoption of the new provisions in the International Convention for the Safety
of Life at Sea, 1974 and the International Ship and Port Facility Code is intended to provide
the international framework through which ship and port facilities can co-operate to detect
and deter acts which threaten security in maritime transport;

international framework through which ship and port facilities can co-operate to detect
and deter acts which threaten security in maritime transport;

AND WHEREAS it is necessary for Ghana to comply fully with Chapter X1-2 of the
Convention and the ISPS Code; to enable the Ghana Maritime Authority ensure the safety
and security of Ghanaian ships and ports, and to provide for and enforce sanctions to deter
security threats to the maritime industry in Ghana:
NOW THEREFORE BE IT ENACTED by Parliament as follows:
PART I—PRELIMINARY
Section 1—Scope of Application
(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 not located within Ghanaian waters;
(c) pleasure craft; and
(d) port facilities within the country that serve a ship or a mobile offshore drilling unit
specified under paragraph (a), subject to sub-section (2).

(d) port facilities within the country that serve a ship or a mobile offshore drilling unit
specified under paragraph (a), subject to sub-section (2).

(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.

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.

PART II—PROVISIONS RELATING TO GHANA MARITIME AUTHORITY AND
RECOGNISED SECURITY ORGANISATIONS
Section 2—Ghana Maritime Authority
For purposes of this Act, the Ghana Maritime Authority established under section 1 of the
Ghana Maritime Authority Act, 2002 (Act 630), shall perform the additional functions
specified under this Part. Section 3—Functions of the Authority
(1) The Authority shall for the purposes of this Act give effect to Chapter XI-2 of the
Convention and ensure the effective implementation of the provisions of the Code to enhance
maritime security.

Act give effect to Chapter XI-2 of the
Convention and ensure the effective implementation of the provisions of the Code to enhance
maritime security.

(2) For the purposes of subsection (1), the Authority shall
(a) ensure that with respect to each port facility within Ghana,
(i) each port facility security assessment is conducted, approved and reviewed in accordance
with subsection (5) of section 49;
(ii) each port facility security plan is developed, implemented and maintained in accordance
with section 52;
(ii) each port facility security plan is approved in accordance with section 55;
(b) ensure that with respect to Ghanaian ships
(i) each ship security assessment is conducted, reviewed and approved in accordance with
sections 24 and 25;
(ii) each ship security plan is developed, implemented and maintained in accordance with
sections 15 (1) and 18;
(iii) each ship security plan is approved in accordance with section 19;
(c) ensure that the appropriate security levels for
(i) port facilities within Ghana;
(ii) a Ghanaian ship or any other ship that uses port facilities within Ghana; and
(ii) ships that conduct ship-to-ship activities in Ghanaian waters, are applied;
(d) specify and communicate the measures that must be addressed for each security level in a
port facility security plan or a ship security plan;
(e) determine a Declaration of Security under subsection (2) of section 9 and the requirements
for it
(f) conduct the necessary verification process for the issuance of certificates under Sub-Part
III of Part IV,
(g) issue continuous synopsis records; and

conduct the necessary verification process for the issuance of certificates under Sub-Part
III of Part IV,
(g) issue continuous synopsis records; and

(h) provide and approve training courses, for purposes of implementation of the Convention
or the Code. Section 4—Delegation of functions of Authority
(1) The Authority may, after consultation with the appropriate Ministry, Government
department or agency and with the approval of the Minister, delegate any of its security
related functions under this Act by directives in writing to a recognised security organisation
with the exception of the following functions:
(a) the setting of applicable security levels;
(b) ensuring the conduct and approval of a port facility security assessment and subsequent
amendments to an approved assessment subject to paragraph (c) of section 6;
(c) determining which port facilities within the country shall be required to
(i) designate a port facility security officer, and
(ii) prepare a port facility security plan;
(d) ensuring the approval of a port facility security plan or any subsequent amendments to an
approved plan;
(e) exercising control and compliance measures; and
(f) establishing the requirements for a Declaration of Security.

t amendments to an
approved plan;
(e) exercising control and compliance measures; and
(f) establishing the requirements for a Declaration of Security.

(2) A delegation under subsection (1), shall
(a) be in writing,
(b) indicate the specified period for the delegation of the functions, and
(c) require the prior written consent of the Minister. (3) Where the Authority delegates its security related function under subsection (1),
(a) the delegation shall not affect or prevent the exercise of the function by the Authority;
(b) the Authority may after written notice to the recognised security Organisation withdraw
the delegation;
(c) the Authority shall not be relieved from ultimate responsibility, for the discharge of the
delegated function; and
(d) the delegation subject to paragraph (a), is to be exercised only by the recognised security
Organisation responsible for that delegated function. Section 5—Appointment of recognised security organisations
(1) The Authority may for purposes of this Act, appoint recognised security organisations. (2) Where the Authority appoints a recognised security organisation under subsection (1), it
shall publish the appointment of the Organisation by notice in the Gazette.

ority appoints a recognised security organisation under subsection (1), it
shall publish the appointment of the Organisation by notice in the Gazette.

(3) Where a recognised security organisation ceases to operate as such, the Authority may by
notice published in the Gazette amend the respective previous publication accordingly.

ty organisation ceases to operate as such, the Authority may by
notice published in the Gazette amend the respective previous publication accordingly.

(4) The Authority shall in appointing a recognised security organisation under subsection (1),
consider the recognised security organsation's
(a) expertise of relevant aspects of security;
(b) required knowledge in respect of ship and port operations, and ship design and
construction where applicable;
(c) capability to assess the likely security risks that could occur during ship and port facility
operations or ship-port interface and how to minimize such risks;
(d) ability to maintain and improve the expertise of their personnel;
(e) ability to monitor the loyalty of its personnel;
(f) ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to,
security material;
(g) knowledge of the requirements of Chapter XI-2 of the Convention, Part A of the Code,
and Ghana's legislation in respect of maritime security;
(h) knowledge of current security threats and patterns;
(i) knowledge in respect of the identification and detection of weapons; dangerous substances
and devices;
(j) knowledge of behavioural patterns of persons likely to threaten security;
(k) knowledge of techniques used to circumvent security measures; and
(l) knowledge of security and surveillance equipment systems and their operational limits.

dge of techniques used to circumvent security measures; and
(l) knowledge of security and surveillance equipment systems and their operational limits.

Section 6—Duties of recognised security organisations
The duties of a recognised security Organisation include
(a) the approval on behalf of the Authority of a ship security plan or amendment to it;
(b) the verification and certification on behalf of the Authority of compliance of ships with
the requirements of Chapter X1-2 of the Convention and Part A of the Code; and
(c) conducting a port facility security assessment as required by the Authority. PART III—GENERAL PROVISIONS RELATING TO SECURITY
Section 7—Security levels for ship and port facilities
(1) The Authority shall in accordance with Part B of the Code set three separate ascendant
levels of security namely, security levels 1, 2 and 3 for every Ghanaian ship and every port or
port facility within the country. (2) Where it is necessary to reduce the risk of a security incident, the Authority may vary the
levels of security set under subsection (1).

country. (2) Where it is necessary to reduce the risk of a security incident, the Authority may vary the
levels of security set under subsection (1).

(3) The Authority shall periodically review and update when necessary any security level it
may determine. (4) The Authority shall, in setting the appropriate security levels, take into account the
following factors:
(a) the degree at which threat information should be taken as credible;
(b) the degree at which threat information requires to be corroborated;
(c) the degree at which threat information should be taken as specific or imminent; and
(d) the potential consequences of such a security incident. Section 8—Provision of security level information
(1) Where the Authority sets any of the security levels, it shall duly provide information
related to the set security level to
(a) every Ghanaian ship;
(b) every port facility within the country; and
(c) any other ship or port facility that may be affected by the setting of the security level. (2) Where the Authority updates information related to a set security level under section 7, it
shall relay any security related information to the ships and port facilities specified under
paragraphs (a) to (c) of subsection (1).

r section 7, it
shall relay any security related information to the ships and port facilities specified under
paragraphs (a) to (c) of subsection (1).

(3) Where the Authority sets security level 3, it shall issue appropriate instructions to the
ships and port facilities specified under paragraphs (a) to (c) of subsection (1). Section 9—Declaration of security
(1) The Minister may, after assessing the risk of ship-port interface and ship-to-ship activity,
determine when a Declaration of Security is required. (2) The Minister shall publish in the Gazette a notice of Declaration of Security in respect of
a specified port or place. (3) A port to which a Declaration of Security under subsection (2) applies, shall be a security
regulated port. (4) Despite subsection (3), any area that is under the exclusive control of the Ghana Armed
Forces shall not be considered as part of a security regulated port. Section 10—Content of notice of Declaration of Security
The Gazette notice of a Declaration of Security under subsection (2) of section 9 shall,
(a) contain a map of the port that indicates the boundaries of the security regulated port;
(b) specify the security requirements to be shared between
(i) a port facility and a ship; or
(ii) ships;

e boundaries of the security regulated port;
(b) specify the security requirements to be shared between
(i) a port facility and a ship; or
(ii) ships;

and indicate the respective responsibilities; and
(c) specify the minimum period for which the Declaration of Security is to be kept in force
by
(i) a port facility, and
(ii) a Ghanaian ship. Section 11—Request for Declaration of Security
(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.

r 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.

ecurity 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. Section 12—Alternative security agreement

rm specified in
Schedule I with the master, for the completion or modification of a Declaration of Security. Section 12—Alternative security agreement

(1) Where Ghana enters into an alternative security agreement with a flag state in accordance
with the Convention, the Director-General of the Authority shall supervise security
arrangements for the respective ship or port facility covered by that agreement. (2) The master of a ship covered by an alternative security agreement may not conduct any
ship-to-ship activity with a ship that is not covered by the same agreement unless the ship-to-
ship activity is part of a search and rescue operation. (3) The Director-General shall review each alternative security agreement
(a) periodically
(i) at an interval specified in writing by the Authority; or
(ii) at an interval specified by the alternative security agreement, under review, in the absence
of a specified interval under paragraph (i); or
(b) every 5 years.

erval specified by the alternative security agreement, under review, in the absence
of a specified interval under paragraph (i); or
(b) every 5 years.

(4) The Director-General shall in reviewing an alternative agreement under subsection (3)
consider the following:
(a) any experiences arising out of the agreement;
(b) any change in the particular circumstances of a ship, port facility or route covered by the
agreement; and
(c) any change in the assessed threats to the security of a ship, port facility, or route covered
by the agreement. Section 13—Equivalent security arrangements
(1) The Minister may authorise a Ghanaian ship or a group of Ghanaian ships to implement
other security measures equivalent to security measures prescribed under
(a) Chapter XI-2 of the Annex to the Convention; or
(b) Part A of the Code,
provided that the security measures under paragraphs (a) and (b) are as effective as security
measures required for a ship under this Act.

f the Code,
provided that the security measures under paragraphs (a) and (b) are as effective as security
measures required for a ship under this Act.

(2) Subject to subsection (4), the Minister may authorise the port facility security officer of a
port facility or group of port facilities within the territorial limits of Ghana to implement
other security measures equivalent to security measures prescribed under
(a) Chapter XI-2 of the Annex to the Convention; or
(b) Part A of the Code,
provided that the security measures specified under paragraphs (a) and (b) are as effective as
security measures required for a port facility under this Act. (3) Where the Minister authorises equivalent security arrangements under subsections (1) and
(2), the Director-General shall as soon as practicable report details of those arrangements to
the International Maritime Organisation.

ctions (1) and
(2), the Director-General shall as soon as practicable report details of those arrangements to
the International Maritime Organisation.

(4) Subsection (2) does not apply to a port facility covered by an alternative agreement under
this Act. Section 14—Testing of security plans
(1) The Director-General shall in accordance with standards that the Authority considers
appropriate, test the efficacy of
(a) each approved port facility security plan for a Ghanaian port facility or any subsequent
amendments to the plan; and
(b) each approved ship security plan for a Ghanaian ship and any subsequent amendments to
the plan. (2) Where the Director-General has tested the plans specified under paragraphs (a) and (b) of
subsection (1), and the Director-General is of the opinion that a plan or an amendment to it, is
not in accordance with the standards set by the Authority, the Director-General may require
that an amendment be made to the respective plan and submitted to
(a) the Director-General for consideration and approval in the case of a ship security plan; or
(b) the Minister for consideration and approval in the case of a port facility security plan.

ion and approval in the case of a ship security plan; or
(b) the Minister for consideration and approval in the case of a port facility security plan.

(3) The Director-General shall report in writing to the Minister the out-come of the Director
General's consideration and approval of any amendment made to a port facility security plan
or ship security plan. PART IV—SHIP SECURITY
Sub-Part I-Ship Security Plan
Section 15—Ship Security Plan
(1) The company of a Ghanaian ship shall
(a) based on the ship security assessment of that ship, develop, implement and maintain a
ship security plan for the ship; and
(b) update a ship security plan, as required by a review of that plan. (2) An approved recognised security Organisation may prepare a ship security plan for a
Ghanaian ship. (3) Where a recognised security Organisation has not been involved in the preparation of
(a) a ship's security assessment
(b) a ship's security plan or
(c) amendments to a ship's security plan,
the Authority may engage that recognised security organisation to review and approve a ship
security plan. Section 16—Non-disclosure of ship security plan

Authority may engage that recognised security organisation to review and approve a ship
security plan. Section 16—Non-disclosure of ship security plan

(1) The master and company of a Ghanaian ship shall ensure that a written approval of a ship
security plan is kept on board the ship and protected from unauthorised access or disclosure. (2) Where the plan is kept in an electronic format it shall be protected in such a manner as to
prevent its unauthorised deletion, destruction or amendment. (3) Any person who without authorisation discloses a ship security plan or gives access to a
ship security plan contrary to subsection (1) or (2) commits an offence and is liable on
summary conviction to a fine of not less than 500 penalty units and not exceeding 5,000
penalty units or to a term of imprisonment not exceeding 5 years or to both. Section 17—Application for approval of a ship security plan
(1) An application for the approval of
(a) a ship security plan; or
(b) an amended ship security plan
shall be made in writing to the Director-General in such form as may be determined by the
Authority. (2) An application under subsection (1), shall be accompanied with,
(a) such fee as the Authority shall determine; and
(b) a security assessment for the respective ship, on the basis of which the plan or
amendments have been formulated.

e Authority shall determine; and
(b) a security assessment for the respective ship, on the basis of which the plan or
amendments have been formulated.

Section 18—Content of a ship security plan
(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;

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.

ctions 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. Section 19—Approval of ship security plan
(1) A ship security plan shall not be put into effect without the requisite written approval of
the Director-General. (2) The Director-General shall give the company of a ship, written notice of approval if the
Director-General is satisfied that a ship security plan addresses the relevant requirements
under section 18. (3) Where the Director-General is not satisfied that the plan addresses the relevant
requirements under section 18, the Director-General may
(a) refuse to approve the plan; and
(b) give the company of a ship, written notice of the refusal with reasons for the refusal.

e Director-General may
(a) refuse to approve the plan; and
(b) give the company of a ship, written notice of the refusal with reasons for the refusal.

(4) The Director-General shall consider the existing circumstances that relate to ship and port
security in determining whether the plan adequately addresses the relevant requirements
under this Act. Section 20—Appeals
(1) Where the Director-General does not approve a ship security plan within 90 days from the
date of receipt of an application, under section 17, a person who is aggrieved by the Director
General's decision may appeal in writing against it in the first instance to the Minister. (2) The Minister shall determine the matter within 30 days of the receipt of the appeal, and
make a decision. (3) Where the grievance is not determined within the 30 day period by the Minister, or if the
person is dissatisfied with the decision of the Minister, he or she may appeal to the High
Court. Section 21—Amendment to ship security plan
(1)An amendment to a ship security plan that has been approved of under subsection (2) of
section 19, shall
(a) be as effective as the measures prescribed under Chapter XI-2 of the Annex to the
Convention and Part A of the Code; and
(b) not be implemented without the written approval of the Director-General.

r Chapter XI-2 of the Annex to the
Convention and Part A of the Code; and
(b) not be implemented without the written approval of the Director-General.

(2) Subject to subsection (3), the master or company of a Ghanaian ship, shall ensure that
written approval of an amended ship security plan is
(a) documented in a manner that indicates the approval;
(b) is kept on board the ship; and
(c) protected from unauthorised disclosure. (3) Where written approval is given for
(a) a temporary amendment to an approved ship security plan; or
(b) a temporary change to any security equipment specified in an approved plan,
retention on board of the written approval for the temporary amendment or temporary change
is not required if the originally approved measures or equipment are effectively implemented. (4) Any person who without authorisation discloses an amended ship security plan or gives
access to the amended plan, contrary to paragraph (c) of subsection (2), commits an offence
and is liable on summary conviction to a fine of not less than 500 penalty units and not
exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.

tion to a fine of not less than 500 penalty units and not
exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.

Section 22—Enforcement of ship security plan
(1) The master of a Ghanaian ship shall not put out the ship for an international voyage unless
(a) there is a ship security plan in force for the ship; and

e master of a Ghanaian ship shall not put out the ship for an international voyage unless
(a) there is a ship security plan in force for the ship; and

(b) the ship is operated in accordance with the ship security plan in force for the ship. (2) The company of a Ghanaian ship which falls to comply with subsection (1), commits an
offence and is liable on summary conviction to a fine not exceeding 5,000 penalty units and
the ship shall be detained until the fine is paid. (3) The master of a Ghanaian ship who fails to comply with subsection (1) commits an
offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units or to
a term of imprisonment not exceeding 2 years or to both. Sub-Part II—Ship Security Levels, Assessment and Systems
Section 23—Compliance with ship security levels
(1) The company and master of a Ghanaian ship shall comply with the security levels set by
this Act for the ship
(a) prior to the ship's entry to a port facility within the country; and
(b) during any period the ship is within a port facility in the country.

ship
(a) prior to the ship's entry to a port facility within the country; and
(b) during any period the ship is within a port facility in the country.

(2) At security level 1, the master of a Ghanaian ship and a company of that ship, shall carry
out the following activities in order to identify and take preventive measures against security
incidents
(a) ensuring the performance of all security duties;
(b) controlling access to the ship;
(c) controlling the embarkation of persons and their effects;
(d) monitoring restricted areas to ensure that only authorised persons have access;
(e) monitoring of dock areas and areas surrounding the ship;
(f) supervising the handling of cargo and ship's stores; and
(g) ensuring that security communication is readily available. (3) At security level 2, the company and the master of a Ghanaian ship shall ensure that,
additional protective measures specified in the ship security plan are implemented for each
activity specified in sub-section (2). (4) At security level 3, the company and the master of a Ghanaian ship she ensure that further
specific protective measures, specified in the ship security plan are implemented for each
activity specified in sub-section (2).

ensure that further
specific protective measures, specified in the ship security plan are implemented for each
activity specified in sub-section (2).

(5) Where the Authority sets security levels 2 and 3, the master of a Ghanaian ship shall
acknowledge receipt of all instructions on the change of the security level for that ship. (6) Prior to entry of a port or whilst within a port facility within the territory of another
Contracting Government that has set
(a) security level 2, the master of a Ghanaian ship shall acknowledge receipt of the
instructions and communicate to the port facility security officer the initiation of the

he master of a Ghanaian ship shall acknowledge receipt of the
instructions and communicate to the port facility security officer the initiation of the

implementation of the appropriate measures and procedures as detailed in the ship security
plan; or
(b) security level 3, the master of a Ghanaian ship, shall in addition to the requirement under
subsection (1), carry out instructions issued by that Contracting Government which has set
security level 3. (7) Where there are difficulties in the implementation of the appropriate measures and
procedures
(a) contained in the ship security plan; or
(b) issued by the Contracting Government under subsection (6),
the master of the ship shall report to the competent authority of the Contracting Government
of the difficulties, and the port facility security Officer and the ship security officer shall
liaise and co-ordinate the appropriate actions. (8) Where the master of a Ghanaian ship
(a) is required by the Authority to operate at a higher security level; or
(b) is already operating at a higher security level
than that set for the port it intends to enter or in which it is already located, the master of the
ship shall without undue delay, inform the competent authority of the Contracting
Government within whose territory the port facility is located of the appropriate action to be
taken.

nform the competent authority of the Contracting
Government within whose territory the port facility is located of the appropriate action to be
taken.

(9) Where a report is made under subsection (7), the ship security officer shall liaise with the
port facility security officer designated under section 57, and may if necessary, co-ordinate
appropriate actions. (10) Where the Authority has set security levels,
(a) the Authority shall ensure the provision of information to the masters of ships that operate
in or intend to enter Ghanaian waters in respect of
(i) applicable security levels; and
(ii) applicable security measures that need to be taken by the ship; and
(b) the master of a ship that intends to enter Ghanaian waters shall maintain vigilance and
report to the Authority immediately, of any information likely to affect maritime security in
the respective area. Section 24—Ship security assessment
(1) For purposes of evaluating the security of a Ghanaian ship, a company of that ship shall
ensure that a security assessment of the ship is carried out by a person with appropriate skills. (2) The company of a Ghanaian ship may engage a recognised security Organisation to carry
out the security assessment of that Ghanaian ship.

e skills. (2) The company of a Ghanaian ship may engage a recognised security Organisation to carry
out the security assessment of that Ghanaian ship.

(3) A ship security assessment shall conform to any requirements prescribed by this Act and
shall contain an on-scene security survey that includes the following details:
(a) identification of existing security measures, procedures, and operations
(b) identification and evaluation of key shipboard operations that are important to protect;
(c) identification of possible threats to the key shipboard operations and the likelihood of
their occurrence; and
(d) identification of weaknesses including human factors in the infrastructure policies and
procedures. (4) The company shall ensure that each ship security assessment is
(a) reviewed and updated as soon as practicable in the event of major changes to the ship;
(b) periodically reviewed and updated, taking into account minor changes to the ship;
(c) retained by the company; and
(d) approved of in writing by the Director-General.

iewed and updated, taking into account minor changes to the ship;
(c) retained by the company; and
(d) approved of in writing by the Director-General.

Section 25—Ship security systems
(1) A Ghanaian ship shall have in place and in conformity with standards set by the Director
General,
(a) a ship security alert system;
(b) an automatic identification system;
(c) a continuous synopsis record and
(d) a permanently and conspicuously marked ship identification number. (2) The company or master of a Ghanaian ship shall prior to the master taking responsibility
of that ship, ensure that the ship has the required security alert system. (3) Where a ship is being used for an international voyage or is operated without the
necessary requirements specified under subsection (1),
(a) the company of that ship commits an offence and is liable on summary conviction to a
fine not exceeding 5,000 penalty units,
(b) the master of that ship commits an offence and is liable on summary conviction to a fine
not exceeding 2,500 penalty units,
and the ship shall be detained until the fine is paid. Section 26—Notification of ship security alert
(1) Where the Director-General receives notification of a ship security alert, the Director
General shall immediately notify the States in the vicinity of which the ship is operating.

ceives notification of a ship security alert, the Director
General shall immediately notify the States in the vicinity of which the ship is operating.

(2) Where the Director-General receives notification of a ship security alert from a ship that
is not a Ghanaian ship, the Director-General shall immediately notify,

irector-General receives notification of a ship security alert from a ship that
is not a Ghanaian ship, the Director-General shall immediately notify,

(a) the ship's administration; and
(b) if necessary the States in the vicinity where the ship is operating. Sub-Part III—International Ship Security Certificate
Section 27— International Ship Security Certificate
(1) The company of a Ghanaian ship shall prior to the use or operation of that ship for any
international voyage, ensure that there is a valid International Ship Security Certificate for
that ship. (2) A company which contravenes or permits a person under that company's control to
contravene subsection (1), commits an offence and is liable on summary conviction to a fine
of not less 2,500 penalty units and not exceeding 7,500 penalty units. Section 28—Application for an International Ship Security Certificate
An application for an International Ship Security Certificate for a ship may be made in
writing by the company to the Director-General in such form as the Authority shall
determine.

onal Ship Security Certificate for a ship may be made in
writing by the company to the Director-General in such form as the Authority shall
determine.

Section 29—Verification of ship for International Ship Security Certificate
(1) A Ghanaian ship to which the provisions of this Part apply shall
(a) prior to the ship being put in service, or the issuance of an International Ship Security
Certificate in respect of that ship, be subject to an initial verification which shall include;
(i) a complete verification of the ship's security system and any associated security
equipment, and
(ii) verification of the approved ship security plan in compliance with the applicable
requirements for the service for which the ship is intended;
(b) be subject to a renewal verification at intervals to be determined by the Director-General
but not exceeding 5 years;
(c) be subject to at least one intermediate verification; and
(d) any additional verification as may be determined by the Authority. (2) A verification under subsection (1) shall include inspection of the security system and any
associated security equipment of the ship, to ensure compliance with the applicable
requirements of chapter X1-2 of the Convention, Part A of the Code and the approved ship
security plan.

ship, to ensure compliance with the applicable
requirements of chapter X1-2 of the Convention, Part A of the Code and the approved ship
security plan.

(3) A verification under this section shall be carried out by an authorised person
(a) in accordance with directives writing by the Director-General; and
(b) before the due expiry date for inspection of the ship. (4) After any verification under subsection (2) has been completed, and endorsed in the forms
specified in Schedules II, III and IV, a person shall not make any change to

cation under subsection (2) has been completed, and endorsed in the forms
specified in Schedules II, III and IV, a person shall not make any change to

(a) the security system,
(b) any associated security equipment, or
(c) the approved ship security plan
without authorisation of the Authority. (5) A person who contravenes the provisions of subsection (4), commits an offence and is
liable on summary conviction to a fine not exceeding 2,500 penalty units or to a term of
imprisonment not exceeding 2 years or to both. Section 30—Issuance of International Ship Security Certificate
(1) The Director-General may issue an International Ship Security Certificate for a period
not exceeding 5 years where
(a) a substantive application for an International Ship Security Certificate for a Ghanaian
ship has been made under section 28,
(b) a ship security plan for the ship is in force, and
(c) the initial or renewal verification in respect of the ship has been completed in accordance
with sub-section (1) of section 29. (2) The endorsement of the verification for the Certificate shall be as in the form specified in
Schedule V.

dance
with sub-section (1) of section 29. (2) The endorsement of the verification for the Certificate shall be as in the form specified in
Schedule V.

Section 31—Period of validity of International Ship Security Certificate
Where the Director-General issues an International Ship Security Certificate to the company
of a Ghanaian ship, the International Ship Security Certificate comes into force from the date
of issuance of that certificate until
(a) the Director-General cancels the certificate; or
(b) the expiration of 5 years from the date of issuance. Section 32—Validity of an International Ship Security Certificate
(1) An International Ship Security Certificate issued under subsection (2) of section 30, shall
cease to be valid where
(a) after inspection of the respective ship, the authorised person responsible for the inspection
finds that within a period prescribed the ship does not yet meet the required standards;
(b) the certificate endorsed is not in compliance with subsection (2) of section 29;
(c) the company which assumes responsibility for the operation of the ship was not
previously operated by that company; and
(d) the ship is transferred to any other flag State. (2) Where a renewal verification is completed
(a) within three months before the expiry date of the existing certificate; or

to any other flag State. (2) Where a renewal verification is completed
(a) within three months before the expiry date of the existing certificate; or

(b) after the expiry date of the existing certificate,
the new certificate shall be valid from the date of completion of the renewal verification to a
date not exceeding five years from the date of expiry of the existing certificate. (3) Where a renewal verification is completed more than three months before the expiry date
of the existing certificate, the new certificate shall be valid from the date of completion of the
renewal verification to a date not exceeding five years from the date of completion of the
renewal verification. Section 33—Extension of validity of International Ship Security Certificate
(1) Subject to where an International Ship Security Certificate is issued for a period of less
than 5 years, the Authority may after compliance with the applicable provisions of section 29,
extend the validity of the certificate beyond the expiry date to the maximum period specified
under subsection (1) of section 30.

sions of section 29,
extend the validity of the certificate beyond the expiry date to the maximum period specified
under subsection (1) of section 30.

(2) Where a renewal verification has been completed and a new certificate cannot be issued
or placed on board the ship before the expiry date of the existing certificate, the Authority or
a recognised security Organisation may endorse the existing certificate as valid only for a
further period not exceeding 5 months from the expiry date. (3) Where a certificate expires at a time when the respective ship is not in the port in which it
is to be verified, the authority may only extend the validity of the certificate
(a) for the purpose of allowing the ship to complete its voyage to the port in which it is to be
verified;
(b) when the exigency of the circumstances require the extension; or
(c) for a period not exceeding 3 months. (4) The ship to which an extension under subsection (3) applies, shall not on arrival at the
port in which it is to be verified, leave that port without the new certificate in respect of the
extended validity. (5) The new certificate in respect of an extended validity under subsection (3) shall be valid
for a period not exceeding 5 years from the expiry date of the existing certificate before the
grant of the extension.

r subsection (3) shall be valid
for a period not exceeding 5 years from the expiry date of the existing certificate before the
grant of the extension.

(6) Where a certificate issued to a ship engaged on a short voyage has not been extended
under subsections (1) to (3), the Authority may extend the validity of that certificate,
(a) for a period of up to one month; and
(b) to run for a period not exceeding 5 years from the date of expiry of the existing certificate
before the granted extension. (7) Where an intermediate verification is completed before the expiration period of 5 years
specified under subsection (1) of section 30, the expiry date
(a) on the certificate shall be amended by endorsement to a date that is not more than 3 years
later than the date on which the intermediate verification was completed; or

e shall be amended by endorsement to a date that is not more than 3 years
later than the date on which the intermediate verification was completed; or

(b) may remain unchanged provided any additional verification is carried out and the
duration between verifications does not exceed 5 years. (8) An endorsement for the extension of the validity of an International Ship Security
Certificate shall be as specified in the forms in Schedule VI. Section 34—Cancellation of an International Ship Security Certificate
The Director-General shall in writing notify the company of a Ghanaian ship of the
cancellation of its International Ship Security Certificate for its ship in the following
circumstances:
(a) where there is no longer a ship security plan in force for the ship; or
(b) the ship is no longer subjected to the required verification for issuance of an International
Ship Security Certificate. Section 35—Interim International Ship Security Certificate
(1) Subject to subsections (2) and (3), if after the 1st of July, 2004 an International Ship
Security Certificate has not been issued by the Director-General or endorsed for a ship as
required under section 30, the Director-General may issue an Interim International Ship
Security Certificate,
(a) for a period not exceeding six months; or
(b) until the Certificate required is issued.

issue an Interim International Ship
Security Certificate,
(a) for a period not exceeding six months; or
(b) until the Certificate required is issued.

(2) A Certificate issued under subsection (1) shall be endorsed as in the form specified in
Schedule VII. (3) The Director-General may only issue an Interim International Ship Security Certificate to
a Ghanaian company where
(a) the company of the Ghanaian ship has applied for the certificate,
(b) there is a ship security plan in force, provided on board the ship for purposes of
implementation,
(c) the ship has not yet been duly verified in accordance with section 29,
(d) the ship security assessment required by Part A of the Code has been completed,
(e) the ship is provided with the requisite security alert system,
(f) the security officer of the company designated under section 43 (1) has made the
necessary arrangements for drills, exercises and internal audits,
(g) the ship security officer and other ship's personnel meet the requirements of Part A of the
Code; and
(h) the Authority reasonably believes that the ship is likely to qualify for a certificate when it
is subjected to inspection for purposes of the required verification under section 29.

es that the ship is likely to qualify for a certificate when it
is subjected to inspection for purposes of the required verification under section 29.

(4) The Director-General shall not issue an Interim International Ship Security Certificate
where he or she reasonably believes that the company of the ship intends to avoid full
compliance with this Act beyond the six month period specified under subsection (1) (a). (5) Where a company assumes responsibility for the operation of a ship that the company did
not previously operate, the Director-General may issue that company with an Interim
International Ship Security Certificate for that ship. Section 36—International Ship Security Certificate to be kept on board
(1) The master and company of a ship shall ensure that the International Ship Security
Certificate for that ship is kept on board the ship. (2) Where a ship is in a port within the country, the Director-General may verify whether the
certificate is on board that ship. (3) The master of a ship in a port within the country, shall
(a) at the request of the Authority, produce its certificate, and
(b) co-operate with the Authority.

ter of a ship in a port within the country, shall
(a) at the request of the Authority, produce its certificate, and
(b) co-operate with the Authority.

(4) Where the provisions of subsection (1) are contravened,
(a) the master of the ship commits an offence and is liable on summary conviction to a fine
not exceeding 2,500 penalty units or to a term of imprisonment not exceeding 2 years or to
both;
(b) the company of the ship commits an offence and is liable on summary conviction to a fine
of not less than 5,000 penalty units and not exceeding 7,500 penalty units and the ship shall
be detained until the fine is paid.

conviction to a fine
of not less than 5,000 penalty units and not exceeding 7,500 penalty units and the ship shall
be detained until the fine is paid.

Sub Part IV—Control and regulation of ships in Ghanaian ports
Section 37—Information required of all ships intending to enter Ghanaian Ports
(1) The master of a ship that intends to enter a port within the country shall prior to entry into
that port, provide the Director-General with the following details:
(a) evidence that the ship possesses an International Ship Security Certificate;
(b) evidence of the security level at which the ship is operating;
(c) evidence of the security level at which the ship operated during the period of its last 10
calls at port where it conducted a ship-port interface;
(d) evidence of any special additional security measures that were taken by the ship during
the period of its last 10 ports of call where it conducted a ship-port interface;
(e) evidence that the appropriate ship security procedures were maintained during any ship-
to-ship activity during the period of its last 10 ports of call; and
(f) any other practical security-related details excluding details of the ship security plan, but
including
(i) any information contained in the continuous synopsis record;

l security-related details excluding details of the ship security plan, but
including
(i) any information contained in the continuous synopsis record;

(ii ) the location of the ship at the time the report is made;
(ii i) the expected time of arrival of the ship in port;
(iv ) the crew list;
(v) a general description of cargo aboard the ship;
(vi ) the passenger list; and
(vi i) information required under regulation X1-2/5 of the Convention. (2) The master shall keep a record of the information specified in sub-section (1) for the last
10 calls at port facilities. (3) Where a master declines to provide the information or confirmation specified in
subsection (1), or fails to comply with sub-section (2), the Director-General may deny the
ship entry to port. Section 38—Acceptance of Convention documents
(1) The Director-General shall accept the validity of any maritime Security document related
to a ship or the company of a ship issued in pursuance of this Act.

rector-General shall accept the validity of any maritime Security document related
to a ship or the company of a ship issued in pursuance of this Act.

(2) Despite subsection (1), where the Director-General has reason to believe that
(a) the relevant ship or company
(i) is not in compliance with the content of the maritime security document;
(ii) is no longer in compliance with the provisions of any requirements leading to the issuance
of the maritime security document, or imposed by the maritime security document;
(b) the relevant ship has been materially altered without the approval of the flag State that
issued or approved the maritime security document; or
(c) the maritime security document has been fraudulently obtained or the holder of the
maritime security document is not the person to whom the maritime security document was
originally issued,
the Director-General may refuse to accept the maritime security document or may suspend
his or her acceptance of the document. (3) This section applies to
(a) every ship, registered in a State that is a party to the Convention other than a Ghanaian
ship; and
(b) the company and the crew of every ship to which this Act applies excluding the crew of a
Ghanaian ship.

Convention other than a Ghanaian
ship; and
(b) the company and the crew of every ship to which this Act applies excluding the crew of a
Ghanaian ship.

Section 39—Control of ships in ports
(1) Where an lnternational Ship Security Certificate required under section 27 is not produced
with a reasonable excuse, or the Director-General has reason to believe that a ship is not in

ty Certificate required under section 27 is not produced
with a reasonable excuse, or the Director-General has reason to believe that a ship is not in

compliance with the requirements of this Act, the Director-General shall impose one or more
of the following control measures:
(a) inspection of that ship for the purpose of ascertaining compliance with the certification
requirements of this Act including
(i) the provision by the master, of information that the Director-General considers relevant to
the inspection;
(ii) a demonstration to the Director-General that the master or the relevant crew are familiar
with essential ship-board security procedures; and
(iii) any shipboard security procedure that is capable of being carried out in a competent
manner;
(b) the delay of that ship;
(c) the detention of that ship;
(d) a restriction of the operations of that ship, including its movement within the port;
(e) expulsion of that ship from the port where
(i) the Director-General has reason to believe that the ship poses an immediate threat to the
security or safety of persons, ships, or other property within the port; and
(ii) there are no other appropriate means to overcome that threat. (2) Despite the provisions of any other enactment, a ship may be expelled under subsection
(1).

re no other appropriate means to overcome that threat. (2) Despite the provisions of any other enactment, a ship may be expelled under subsection
(1).

(3) A control measure that is imposed under subsection (1),
(a) shall correspond to the expected requirements of the circumstance; and
(b) may in addition or alternately include any other minimized administrative or corrective
measures. (4) A control measure imposed under subsection (1), shall remain in force until the
circumstance that gave rise to the imposition of the control measure is regularized to the
satisfaction of the Director-General. (5) Where a ship is expelled from a port under paragraph (e) of sub-section (1),
(a) the Director-General may require the ship to proceed to a specified location within the
territorial sea or Ghanaian waters;
(b) the port facility operator shall on the directives of the Director-General, discontinue the
provision of services to that ship;
(c) all exhaustive efforts shall be made to avoid a ship being unduly detained or delayed; and
(d) a person may be allowed to leave the ship, or have access to the ship for emergency,
humanitarian or security reasons. Section 40—Inspection of ship security plans

be allowed to leave the ship, or have access to the ship for emergency,
humanitarian or security reasons. Section 40—Inspection of ship security plans

(1) The Director-General may inspect the ship security plan of a ship for purposes of the
imposition of control measures, if
(a) the Director-General has reason to believe that a ship is not in compliance with the
requirements of Chapter X1-2 of the Annex to the Convention or Part A of the Code;
(b) the Director-General considers it necessary to review the relevant requirements of a ship
security plan; and
(c) consent for the inspection to review the relevant requirements of the ship security plan is
granted by
(i) the master of the ship; or
(ii ) the ship's administration of a State that is party to the Convention. (2) If the ship is not a Ghanaian ship, the Director-General may only have access to
information contained in the relevant sections of the ship security plan that relate to the
suspected non compliance. (3) If the ship registered in a State that is not a party to the Convention, the Director-General
may authorise the full inspection of the ship.

ance. (3) If the ship registered in a State that is not a party to the Convention, the Director-General
may authorise the full inspection of the ship.

Section 41—Procedure to follow where control measures are imposed
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:

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.

rew 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. Section 42— Action to take where a ship is not in compliance with this Act
(1) Where the Director-General has reason to believe that a ship is not in compliance with
this Act, the Director-General shall contact the master of the ship or the ship's administration
to address the non compliance and carry out the necessary action for that ship.

eral shall contact the master of the ship or the ship's administration
to address the non compliance and carry out the necessary action for that ship.

(2) Where communication made under subsection (1) does not result in the required
compliance, the Director-General may take one or more of the following actions:
(a) require the necessary rectification to ensure compliance;
(b) require the ship to proceed to a specified location within the territorial sea or Ghanaian
waters;
(c) inspect the ship to ascertain compliance with the certification requirements of this Act
where applicable;

the territorial sea or Ghanaian
waters;
(c) inspect the ship to ascertain compliance with the certification requirements of this Act
where applicable;

(d) deny the ship entry, if the Director-General has reason to believe that the ship poses an
immediate threat to the security or safety of persons, ships, or property and there are no other
means to overcome that threat. (3) The Authority shall, prior to any action being taken under subsection (2) (b), notify the
master of the ship, in such manner as the Director-General may determine, of the Director
General's intentions. (4) Any action that is taken under subsection (2) (b) shall correspond to the expected
requirements of the circumstance. (5) Where a ship is denied entry under subsection (2) (d),
(a) all exhaustive efforts shall be made to avoid a ship being unduly detained or delayed; and
(b) a person may be allowed to leave the ship, or have access to the ship, for emergency,
humanitarian or security reasons. (6) Where a ship is denied entry to the port under subsection (2) (d), the port facility operator
shall on the directives of the Director-General discontinue the provision of services to that
ship. (7) Any action taken under this section remains in force until the circumstance that gave rise
to the action taken is regularized to the satisfaction of the Director-General.

er this section remains in force until the circumstance that gave rise
to the action taken is regularized to the satisfaction of the Director-General.

Sub-Part V—Designation of officers and responsibilities of companies and ship personnel
Section 43—Company Security Officer
(1) The company of a Ghanaian ship shall designate a company security officer for purposes
of this Act. (2) A company security officer may act as the company security officer for one or more
ships, except that it shall be clearly identified for which ship the company security officer is
responsible.

company security officer for one or more
ships, except that it shall be clearly identified for which ship the company security officer is
responsible.

(3) The company shall ensure that each company security officer receives the appropriate
training to enable him or her perform functions which shall include the following:
(a) advising the level of threats likely to be encountered by the ship, using appropriate
security assessments and other relevant information;
(b) ensuring that ship security assessments are carried out;
(c) ensuring the development, the submission for approval, and the subsequent
implementation and maintenance of the ship security plan;
(d) ensuring that the ship security plan is modified as appropriate to correct deficiencies and
satisfy the security requirements of the individual ship;
(e) arranging for internal audits and reviews of security activities;
(f) arranging for the initial and subsequent verifications of the ship, by the Authority or a
recognised security Organisation;

f security activities;
(f) arranging for the initial and subsequent verifications of the ship, by the Authority or a
recognised security Organisation;

(g) ensuring that deficiencies and non-conformities identified during internal audits, periodic
reviews, security inspections and verifications of compliance are promptly addressed and
dealt with;
(h) enhancing security awareness and vigilance;
(i) ensuring adequate training for shipboard personnel responsible for the security of the
ship;
(j) ensuring effective communication and co-operation between the ship security officer and
the relevant port facility security officers;
(k) ensuring consistency between security requirements and safety requirements;
(l) ensuring that if sister-ship or fleet security plans are used, the plan for each ship reflects
the ship's specific information accurately;
(m) ensuring that any alternative or equivalent arrangements approved for a particular ship or
group of ships are implemented and maintained; and
(n) any other function specified in the Code. Section 44—Ship Security Officer
(1) The company of a Ghanaian ship shall designate a ship security officer for each ship
under its ownership or control for purposes of this Act.

icer
(1) The company of a Ghanaian ship shall designate a ship security officer for each ship
under its ownership or control for purposes of this Act.

(2) The company shall ensure that each ship security officer receives the appropriate training
to enable him or her perform functions which shall include the following:
(a) undertaking regular security inspections of the ship to ensure that appropriate security
measures are maintained;
(b) maintaining and supervising the implementation of the ship security plan, including any
amendments to the plan;
(c) co-ordinating the security aspects of the handling of cargo and ship's stores with other
shipboard personnel and with the relevant port facility security officers;
(d) proposing modifications to the ship security plan;
(e) reporting to the company security officer any deficiencies and non-conformities identified
during internal audits, periodic reviews, security inspections and verifications of compliance
and implementing any corrective measures;
(f) enhancing security awareness and vigilance on board ship;
(g) ensuring that adequate training has been provided to shipboard personnel, including drills
at appropriate intervals where applicable;
(h) reporting all security incidents;
(i) co-ordinating implementation of the ship security plan with the company security officer
and the port facility security officer concerned;

idents;
(i) co-ordinating implementation of the ship security plan with the company security officer
and the port facility security officer concerned;

(j) ensuring that security equipment is properly operated, tested, calibrated and maintained
where applicable; and
(k) any other function specified in the Code. Section 45—Shipboard personnel
Shipboard personnel shall comply with their duties and responsibilities as specified in the
ship security plan. Section 46— Master's responsibilities for ship safety and security
(1) A company, charterer, or any other person shall not interfere with a decision of the master
of a ship if that decision is made with the intention to maintain the safety and security of that
ship, including a decision in respect of
(a) denial of access to unidentified persons or their personal effects,
(b) refusal to load cargo, including containers and other closed cargo transport units. (2) The company of a Ghanaian ship shall ensure that the master and the ship security officer
are given the necessary support to fulfill their duties and responsibilities under this Act.

hall ensure that the master and the ship security officer
are given the necessary support to fulfill their duties and responsibilities under this Act.

(3) Where in the judgment of the master, a conflict between any safety and security
requirements applicable to the ship arises during its operations, the master
(a) shall give effect to the requirements necessary to maintain the safety of the ship;
(b) may implement temporary security measures commensurate with the prevailing security
level;
(c) shall inform the Authority as soon as practicable; and
(d) shall in the case of a Ghanaian ship that enters a port outside the jurisdiction of the
country, inform the government of the State in which the port is located. (4) Where the Authority is informed under subsection (3)(c), the Director-General shall
confer with the master of the ship on
(a) the nature and gravity of the conflict; and
(b) the appropriate resolution for the conflict. (5) Where the conflict identified under subsection (4) involves a port facility, the master and
the Director-General shall consult the port facility security officer of that port facility prior to
taking any action specified under subsection (3).

the Director-General shall consult the port facility security officer of that port facility prior to
taking any action specified under subsection (3).

(6) A person who is on official duty,
(a) may board a ship to carry out his or her functions or duties, and
(b) shall on request by the master of the ship or ship security officer, present to the master or
officer his or her identity card issued by the Authority. Section 47—Costs of detention

of the ship or ship security officer, present to the master or
officer his or her identity card issued by the Authority. Section 47—Costs of detention

(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.

e 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. PART V—PORT SECURITY
Section 48—Duties of port facility operator
A port facility operator shall
(a) operate in conformity with the security level specified by the Authority;
(b) apply security measures and procedures in a manner that minimizes interference with, or
delay to, passengers, ships, the personnel of ships, visitors, goods and services; and
(c) appoint port facility security officers for purposes of this Act. Section 49—Port facility security assessment
(1) The Authority shall carry out a port facility security assessment of each port facility
within the country. (2) The Authority may authorise a recognised security organisation to carry out a port
facility security assessment. (3) Where a port facility security assessment is carried out by a recognised security
Organisation, the Director-General shall review the assessment and ensure that it complies
with subsection (1) of section 51.

by a recognised security
Organisation, the Director-General shall review the assessment and ensure that it complies
with subsection (1) of section 51.

(4) Where the Director-General is satisfied that the assessment complies with the
requirements specified in subsection (1) of section 51, he or she may approve the assessment.

neral is satisfied that the assessment complies with the
requirements specified in subsection (1) of section 51, he or she may approve the assessment.

(5) The Authority shall ensure that each port facility security assessment is—
(a) periodically reviewed and updated, taking into account changing threats or minor changes
in the port facility; and
(b) reviewed as soon as practicable in the event of any major changes to the infrastructure of
the port facility. (6) A port facility security assessment may cover more than one port facility where
(a) the operator, location, operation, equipment, and design of those port facilities are
similar; and
(b) the Authority agrees to this arrangement. (7) Where a port facility security assessment covers more than one facility, details of this
arrangement shall be submitted in writing by the Authority to the International Maritime
Organisation. Section 50—Report on port facility security assessment
(1) Upon completion of a port facility security assessment, the person who carried out the
assessment shall prepare for the Authority a report that contains,
(a) a summary of how the assessment was conducted;
(b) a description of each vulnerability discovered during the assessment; and
(c) a description of countermeasures that could be employed to address each vulnerability.

of each vulnerability discovered during the assessment; and
(c) a description of countermeasures that could be employed to address each vulnerability.

(2) The report shall be protected from unauthorised access or disclosure. (3) Any person who without authorisation discloses a report or gives access to a report
contrary to subsection (2), commits an offence and is liable on summary conviction to a fine
of not less than 500 penalty units and not exceeding 5,000 penalty units or to a term of
imprisonment not exceeding 5 years or to both. Section 51—Content of port facility security assessment
(1) Subject to subsection (2), a valid port facility security assessment shall specify the
following details,
(a) identification and evaluation of important assets and infrastructure that are necessary to
protect;
(b) identification of possible threats to the assets and infrastructure and the likelihood of their
occurrence, in order to establish and prioritize security measures;
(c) identification, selection and prioritization of counter measures and procedural changes and
their level of effectiveness in reducing vulnerability; and
(d) identification of weaknesses including human factors in the infrastructure, policies and
procedures.

effectiveness in reducing vulnerability; and
(d) identification of weaknesses including human factors in the infrastructure, policies and
procedures.

(2) The Authority may, by notice published in the Gazette, prescribe additional requirements
to be met by a port facility security assessment.

(2) The Authority may, by notice published in the Gazette, prescribe additional requirements
to be met by a port facility security assessment.

Section 52—Port facility security plan
(1) A port facility operator shall
(a) develop, implement, and maintain a port facility security plan based on the port facility
security assessment of that port facility;
(b) design a port facility security plan to suit the purposes of ship-port interface;
(c) update that port facility security plan by a review of that plan; and
(d) protect that port facility security plan from unauthorised access or disclosure. (2) A port facility security plan
(a) shall provide for the three security levels specified under section 7, and
(b) may cover more than 1 port facility where
(i) the operator, location, operation, equipment, and design of those port facilities are similar;
and
(ii) the Authority agrees to the arrangement. (3) A recognised security Organisation may prepare the port facility security plan for a port
facility. (4) A port facility security plan or an amendment to an approved plan shall not be
implemented without the written approval of the Minister.

facility. (4) A port facility security plan or an amendment to an approved plan shall not be
implemented without the written approval of the Minister.

(5) Any person who without authorisation discloses a port facility security plan or gives
access to a port facility security plan, contrary to paragraph (d) of subsection (1), commits an
offence and is liable on summary conviction to a fine of not less than 500 penalty units and
not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to
both.

tion to a fine of not less than 500 penalty units and
not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to
both.

Section 53—Content of a port facility security plan
(1) A valid port facility security plan shall contain the following matters:
(a) measures designed to prevent weapons or any other dangerous substances and devices
intended for use against persons, ships or ports and the carriage of which is not authorised,
from being introduced into the port facility or on board a ship;
(b) measures designed to prevent unauthorised access to the port facility, ships moored at the
facility, and to restricted areas of the facility;
(c) procedures for responding to security threats or breaches of security including provisions
for maintaining critical operations of the port facility or ship-port interface;
(d) procedures for evacuation in case of security threats or breaches of security;
(e) duties of port facility personnel assigned security responsibilities and of other port facility
personnel on security aspects;
(f) procedures for interfacing with ship security activities;

gned security responsibilities and of other port facility
personnel on security aspects;
(f) procedures for interfacing with ship security activities;

(g) procedures for the periodic review of the plan and updating of the plan;
(h) procedures for reporting security incidents;
(i) identification of the port facility security officer including 24-hour contact details;
(j) measures to ensure the security of the information contained in the plan;
(k) measures designed to ensure effective security of cargo and the cargo handling equipment
at the port facility;
(l) procedures for auditing the port facility security plan;
(m) procedures for facilitating shore leave for the ship's personnel or personnel changes, as
well as access of visitors to the ship including representatives of seafarers welfare and labour
organisations; and
(n) procedures for responding where the ship security alert system of a ship at the port facility
is activated.

welfare and labour
organisations; and
(n) procedures for responding where the ship security alert system of a ship at the port facility
is activated.

Section 54—Submission of port facility security plan or amendment for approval
(1) A port facility operator or a recognised security organisation, may after preparation of a
port facility security plan or amendment to an approved plan in accordance with sections 52
and 53, submit to the Minister for approval
(a) that port facility security plan, or
(b) the amendment of that approved port facility security plan, accompanied with such fee
and documents as the Minister may determine. Section 55—Approval by Minister of port facility security plan or amendment. (1) The Minister shall not approve a port facility security plan or any amendment to an
approved plan submitted under section 54 unless he or she is satisfied that the plan or
amendment to the plan,
(a) conforms with Part A of the Code and sections 52 and 53; and
(b) corresponds with the security assessment for that port facility. (2) The Minister shall within 15 days of receipt of a port facility security plan or amendment,
submitted under section 54, inform in writing the port facility operator or recognised security
Organisation of his or her decision.

lan or amendment,
submitted under section 54, inform in writing the port facility operator or recognised security
Organisation of his or her decision.

(3) Where a written approval of the Minister is obtained under subsection (2), the port facility
operator or recognised security organisation shall keep in the form specified in Schedule VIII,
that approval at the port facility for presentation on request by the Director-General. (4) Where written approval is given by the Minister for a temporary amendment to an
approved port facility security plan or for a temporary change to any security equipment
specified in an approved plan, the retention of the written approval for the temporary
amendment or temporary change shall not be required provided the original approved
measures or equipment are effectively implemented.

or the temporary
amendment or temporary change shall not be required provided the original approved
measures or equipment are effectively implemented.

Section 56—Review of decision not to approve port facility security plan
(1) Where the Minister decides not to approve a port facility security plan or amendment to a
previously approved port facility security plan, the port facility operator or recognised
security organisation, may within ten working days request in writing the Minister to review
his or her decision. (2) The Minister shall within 15 working days of the receipt of a request under subsection (1),
carry out the review and report in writing the results of the review to the port facility operator
or recognised security organisation. (3) A port facility operator or recognised security organisation, dissatisfied with the decision
of the Minister under subsection (2), may appeal to the High Court. Section 57—Port Facility Security Officer
(1) Subject to subsection (2), a port facility operator shall designate a port facility security
officer for each port facility. (2) A port facility operator may designate a port facility security officer for one or more port
facilities.

security
officer for each port facility. (2) A port facility operator may designate a port facility security officer for one or more port
facilities.

(3) The duties of a port facility security officer include
(a) conducting an initial comprehensive security survey of the port facility, taking into
account the relevant port facility security assessment;
(b) ensuring the development and maintenance of the port facility security plan;
(c) implementing and exercising the port facility security plan;
(d) undertaking regular security inspections of the port facility to ensure the continuation of
appropriate security measures;
(e) recommending and incorporating, as appropriate, modifications to the port facility
security plan in order to correct deficiencies and to update the plan to take into account any
relevant changes to the port facility;
(f) enhancing security awareness and vigilance of the port facility personnel;
(g) ensuring adequate training has been provided to personnel responsible for the security of
the port facility;
(h) reporting to the relevant authorities, occurrences which threaten the security of the port
facility and maintaining records of the occurrences;
(i) co-ordinating the implementation of the port facility security plan with the appropriate
company and any ship security officer concerned;
(j) co-ordinating with other national security services, as are appropriate;
(k) ensuring that standards for personnel responsible for security of the port facility are met;
(l) ensuring that security equipment is properly operated, tested, calibrated and maintained;
and

sponsible for security of the port facility are met;
(l) ensuring that security equipment is properly operated, tested, calibrated and maintained;
and

(m) assisting when requested, the ship security officers in confirming the identity of those
seeking to board the ship. (4) A port facility operator shall ensure that the port facility security officer is given the
necessary support to fulfill his or her duties and responsibilities specified in Chapter X1-2 of
the Convention and in this Act. Section 58—Designation of port security zones
(1) For the purposes of additional security requirements, the Authority may by notice
published in the Gazette, designate
(a) a port facility;
(b) any area in a port facility; or
(c) any other area within a port
as a port security zone. (2) The Gazette notice under subsection (1) shall include a map of the port and specify the
area that shows the boundaries of the port security zone and the effective date of the
designation. (3) A designation made under subsection (1) may
(a) be revoked in whole or in part; or
(b) be amended
by the Authority by notice published in the Gazette.

A designation made under subsection (1) may
(a) be revoked in whole or in part; or
(b) be amended
by the Authority by notice published in the Gazette.

Section 59—Matters to be considered in establishing port security zone
In designating a port security zone, the Authority shall have regard to the purposes for the
zone, and take into account,
(a) the existing physical features of the port;
(b) the existing operational features of the port; and
(c) the opinion of the port facility operator. Section 60—Restrictions with respect to port security zones
(1) A person shall not enter or remain in a port security zone unless
(a) that person is in the course of official duties; or
(b) that person is authorised by the Director-General or port facility operator to do so. (2) Every person in a port security zone shall on the request of an authorised person provide,
(a) his or her name and address;
(b) the purpose of his or her visit to the port security zone;
(c) his or her authority to enter the port security zone; and

or her name and address;
(b) the purpose of his or her visit to the port security zone;
(c) his or her authority to enter the port security zone; and

(d) verification of the correctness of his or her stated name and address. (3) Where a person who is requested by an authorised person,
(a) fails or refuses to provide that authorised person with satisfactory evidence of his or her
name and address; or
(b) fails to satisfy that authorised person that he or she is authorised to be there,
the authorised person may order that person to leave the port security zone. (4) The authorised person and any person whom the authorised person calls to his or her
assistance, may use reasonable force necessary to remove from the port security zone a
person who fails or refuses to leave the port security zone after having been ordered by the
authorised person to do so under subsection (3). (5) A person who refuses to comply with a request under subsection (2), and after being
cautioned of the consequences of his or her failure to comply, may be detained by the
authorised person, or a port facility security officer. (6) A person detained under subsection (5), shall as soon as practicable after arrest be
delivered to a police officer.

ort facility security officer. (6) A person detained under subsection (5), shall as soon as practicable after arrest be
delivered to a police officer.

(7) A passenger or crew member who embarks or disembarks directly through gateways or
thoroughfares in a port facility approved for that purpose by the port facility operator shall be
considered to be authorised by the Authority to pass through any port security zone that
forms part of those gateways or thorough-fares. (8) A person who by reason of his or her official duties, is required to enter a port security
zone, shall after entry and on request by an authorised person, present his or her employment
identity. (9) A person who willfully fails to provide satisfactory evidence of his or her name and
address or authorisation to be in a port security zone in contravention of this section, commits
an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to
a term of imprisonment not exceeding 2 years, or to both.

offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to
a term of imprisonment not exceeding 2 years, or to both.

Section 61—Taking weapons onto ships or into port security zones
(1) A person shall not without reasonable excuse, or without the written permission of the
ship security officer or the port facility security officer, take or attempt to take on board a
ship or into a port security zone,
(a) a firearm;
(b) a dangerous or offensive weapon or instrument;
(c) any ammunition; or
(d) an explosive, incendiary, biological or chemical substance or device or any other injurious
substance or device that may be used to endanger the safety of
(i) the ship;
(ii ) any person on board the ship;

ance or device or any other injurious
substance or device that may be used to endanger the safety of
(i) the ship;
(ii ) any person on board the ship;

(ii i) the port security zone; or
(iv ) any person within the port security zone. (2) A person who has obtained the written permission of a ship security officer or a port
facility security officer shall on the request of an authorised person, present the written
permission to that authorised person. (3) For purposes of this section, "firearm" means any gun, rifle, or pistol, whether operated
by force of explosives or not and includes any gun, rifle, or pistol that
(a) is capable or incapable of discharging any shot, bullet, or other missile; or
(b) is dismantled. Section 62—Screening and searching powers
(1) An authorised person may use a detector dog, a mechanical or electronic device or similar
mechanism to screen
(a) any person boarding a ship;
(b) any thing to be carried by a ship;
(c) any thing in the port security zone; or
(d) any person including that person's personal effects or vehicle within or entering a port
security zone.

c) any thing in the port security zone; or
(d) any person including that person's personal effects or vehicle within or entering a port
security zone.

(2) Where the screening device or mechanism under subsection (1) ceases to function or
produces indeterminate results or results that provide reason to believe that a person has
committed an offence or is likely to commit an offence under this Act, an authorised person
may search
(a) any person boarding the ship,
(b) any thing to be carried by the ship,
(c) any thing in the port security zone, or
(d) any person including that person's personal effects or vehicle within or entering the port
security zone, without the use of the screening device or other mechanism provided for under
subsection (1). Section 63— Power to seize and detain items
(1) Where an authorised person has reason to believe that it is not lawful to take an item on
board a ship or into a port security zone, that authorised person may seize the item for the
purpose of determining whether the item may lawfully be taken on board that ship or into that
port security zone. (2) Where an item is seized under subsection (1), the authorised person shall
(a) take an inventory of the item; and
(b) give a copy of the inventory to the owner or the person from whom the item was seized.

horised person shall
(a) take an inventory of the item; and
(b) give a copy of the inventory to the owner or the person from whom the item was seized.

(3) Where the authorised person determines that the item may lawfully be taken on board the
ship, or into the port security zone, the authorised person shall as soon as practicable, return
the item to the person from whom the item was seized. (4) Where the authorised person determines that the item may not lawfully be taken on board
the ship or into the port security zone, the authorised person shall permit the person from
whom the item was seized, to arrange for the item to be
(a) taken off the ship; or
(b) taken out of the port security zone. (5) Despite subsection (4), where the authorised person has reason to believe that the seized
item poses an imminent risk to safety or may not be lawfully possessed, the authorised person
may
(a) destroy or otherwise dispose of the item; or
(b) deliver the item to the police. Section 64—Cost of seizures
(1) Where an authorised person has seized an item under section 63, the Authority may
recover from either the owner of the item or the person who was in possession of the item, all
reasonable costs of the seizure and costs incidental to that seizure.

ither the owner of the item or the person who was in possession of the item, all
reasonable costs of the seizure and costs incidental to that seizure.

(2) The Authority shall pay to the owner of the item, compensation for any loss resulting
from
(a) the undue detention of the item; or
(b) any delay that prevented the normal use of the item. (3) A complainant shall indemnify the Authority for all costs for which the Authority is liable
under subsection (2), if
(a) an authorised person has taken action under section 63, based on information provided by
the 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 he or she provided it. (4) For the purposes of this section, a "complainant" means a person who is aggrieved as a
result of the seizure or detention by an authorised person of an item seized or detained under
section 63. Section 65— Person who refuses screening or searching
(1) Where a person refuses to have
(a) his or her person screened or searched; or
(b) his or her baggage screened or searched

s screening or searching
(1) Where a person refuses to have
(a) his or her person screened or searched; or
(b) his or her baggage screened or searched

by an authorised person, the authorised person may require that person to leave the ship or
port security zone or both. (2) Where a person refuses to leave as required under subsection (1), the authorised person
and any other person on directives of the authorised person, may use reasonable force to
remove that person. (3) Where a person refuses to leave as required under subsection (1), and after being
cautioned by the authorised person of the consequences of his or her refusal, persists in
refusing to leave, that person
(a) may be forcibly detained by the authorised person; and
(b) shall where detained, be delivered as soon as practicable to a police officer. (4) Where the person who refuses to be screened or searched is a passenger or a crew
member, the company or master of the ship shall refuse to allow that passenger or crew
member to board the company's ship. (5) The company or master of the ship which refuses to carry a passenger, under subsection
(4), shall not be subject to civil liability other than a proceeding in respect of any lawful claim
that the passenger may have for the recovery of the fare or part of the fare.

o civil liability other than a proceeding in respect of any lawful claim
that the passenger may have for the recovery of the fare or part of the fare.

Section 66—Search of persons who refuse to be searched
(1) A police officer may, without a warrant,
(a) search a person;
(b) search a person's baggage;
(c) detain a person for purposes of a search; or
(d) take possession of any article referred to under subsection (1) of section 61. (2) A police officer may exercise his or her powers of search under subsection (1) where
(a) the company of a ship or master of that ship, refuses to carry a person who has refused a
search of his or her person or baggage; and
(b) the police officer has reason to suspect that
(i) an offence under this Act has been, is being or is likely to be committed, by that person or
by any other person; or
(ii) a search of the person who has refused to be searched is likely to disclose evidence that an
offence under this Act has been, is being or is likely to be committed, by that person or any
other person. (3) A police officer who exercises the power of search under subsection (1), shall prior to the
search and upon any subsequent request,
(a) provide evidence of his or her identity to the person to be searched; and
(b) inform the person required to be searched that the search is authorised.

provide evidence of his or her identity to the person to be searched; and
(b) inform the person required to be searched that the search is authorised.

(4) Where a police officer exercises the power of search under subsection (1), he or she shall
within 3 days after the day on which he or she exercises the power, furnish the regional
commander of Police with a written report on the search conducted and reasons for the
search. Section 67—Right of access to port security zones and ships
(1) A maritime security officer appointed undersection 71 (1), may in the course of duty enter
(a) a port security zone;
(b) any building, vehicle or place within a port security zone; or
(c) any ship
for the purpose of exercising his or her powers, and carrying out functions and duties under
this Act. (2) Unless a maritime security officer is accompanied by a police officer, the power of entry
conferred under subsection (1), shall be limited to a peaceful and non-forcible entry. (3) Where the police have taken command of any situation at a port security zone, the right of
an authorised person to enter any part of the port facility or any ship, building or place within
the port facility, shall be subject to the limitations imposed by the most senior police officer
present at the port facility.

uilding or place within
the port facility, shall be subject to the limitations imposed by the most senior police officer
present at the port facility.

(4) Where a ship, building, vehicle or place is not being used for commercial purposes,
subsection (1) does not apply, unless the maritime security officer has reason to believe that a
person or thing is likely to endanger
(a) the port security zone;
(b) facilities within the port; or
(c) any person within that ship, building, vehicle or place. (5) A police officer or an authorised person may not enter a dwelling house, crew quarters or
a passenger cabin without
(a) a search warrant; or
(b) the consent of the occupier of that dwelling house, crew quarters, or passenger cabin. (6) A maritime security officer who exercises the power of entry under this section, shall
prior to and on any subsequent request
(a) provide evidence of his or her identity to the occupier and
(b) inform the occupier that the entry is authorised. Section 68—Authority may declare exclusion zones for ships
(1) The Authority may declare an exclusion zone around a ship where
(a) the Authority considers it necessary for the maintenance of effective security for that
ship; and

ay declare an exclusion zone around a ship where
(a) the Authority considers it necessary for the maintenance of effective security for that
ship; and

(b) that ship is
(i) berthed in port or is at an anchorage,
(ii) moored at a buoy; or
(iii) in the approaches to a port. (2) Where the Authority makes a declaration under subsection (1), the Director-General shall
notify
(a) the master of the ship;
(b) the port facility security officer;
(c) the port facility operator; and
(d) the harbour master
through any means of communication that the Director-General considers appropriate. (3) A declaration made under subsection (1) shall take effect on the date that it is
communicated to the master. (4) The declaration shall expire 5 days after the date on which it takes effect unless, before
the expiry, the Authority extends the period for a further specified period not exceeding 5
days. (5) Despite subsection (4), the Authority may revoke a declaration at any time. Section 69—Entering or leaving exclusion zones without authorisation
(1) A person, craft, or vessel shall not enter or leave an exclusion zone unless authorised to
do so by the Director-General.

es without authorisation
(1) A person, craft, or vessel shall not enter or leave an exclusion zone unless authorised to
do so by the Director-General.

(2) Where it is necessary to protect an exclusion zone, an authorised person may with
reasonable force
(a) remove a person who has entered the exclusion zone without authority;
(b) prevent a person who has entered the zone without authority, from leaving the zone;
(c) prevent a person who attempts to leave the zone without authority;
(d) prevent a craft, or vessel which has entered the exclusion zone without authority, from
leaving the zone;
(e) prevent a craft, or vessel which attempts to leave the zone. (3) A person who contravenes subsection (1), commits an offence and is liable on summary
conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not
exceeding 2 years. (4) The master of a craft or vessel who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine not exceeding 2,500 penalty units and the craft or
vessel shall be detained until the fine is paid.

ence and is
liable on summary conviction to a fine not exceeding 2,500 penalty units and the craft or
vessel shall be detained until the fine is paid.

PART VI—MISCELLANEOUS PROVISIONS
Section 70—Ministerial responsibility and directives
The Minister shall have ministerial responsibility for this Act and may give to the Authority
such directives of a general nature on the maritime security policy to be followed by the
Authority in the performance of its functions. Section 71—Maritime security officers
(1) For the purposes of this Act, a person may be appointed by the Authority as a maritime
security officer. (2) A maritime security officer appointed under subsection (1) shall carry out such functions
the Authority may determine for the purpose of giving full effect to this Act. Section 72—Regulations
(1) The Minister may by legislative instrument in consultation with the board of the Authority
make Regulations for the effective implementation of this Act.

Minister may by legislative instrument in consultation with the board of the Authority
make Regulations for the effective implementation of this Act.

(2) Without prejudice to subsection (1), Regulations may be made prescribing matters
relating to
(a) port facility security assessments;
(b) port facility security plans;
(c) ship security assessments;
(d) ship security plans;
(e) security levels;
(f) Declaration of Security;
(g) verification processes for issuance of certificates under this Act;
(h) recognised security organisations; and
(i) control and compliance measures. Section 73—Consequential amendment
The Ghana Shipping Act, 2003 (Act 645), is amended as follows
(a) by the substitution for the headnote of section 289 of the following new headnote
"Ship not to proceed to sea without appropriate certificates and documents"; and
(b) in subsection (1) of section 289 by the insertion immediately after the word 'ship'
appearing on line 3 of the following:
"a ship security plan and an International Ship Security Certificate and;"
Section 74—Interpretation
In this Act, unless the context otherwise requires,

ship security plan and an International Ship Security Certificate and;"
Section 74—Interpretation
In this Act, unless the context otherwise requires,

"authorised person" includes a maritime security officer appointed under section 71 (1) of
this Act, a customs officer, and any other person required to perform any official duties for
purposes of giving effect to this Act;
"Authority" means the Ghana Maritime Authority established under section 1 of the Ghana
Maritime Authority Act 2002, (Act 630);
"certificate" means a valid International Ship Security Certificate under section 30 or a valid
Interim International Ship Security Certificate issued under section 35;
"Code" means the International Ship and Port Facility Security Code, as adopted, on 12
December 2002, by resolution 2 of the Conference of Contracting Governments to the
Convention;
"company" means a body corporate registered under the Companies Code, 1963 (Act 179), or
a partnership registered under the Incorporated Partnership Act, 1962 (Act 152) which has
assumed the responsibility for the operation of a ship from the owner of the ship and which
has agreed to take over all the duties and responsibilities imposed by the International Safety
Management Code;
"company security officer" means the person on board the ship, who is accountable to the
master, and designated by the company as responsible for the security of the ship including
the implementation and maintenance of the ship security plan, and for liaising with the port
facility security officer;
"Convention" means the International Convention for the Safety of life at Sea, done at
London on 1 November 1974, and includes—
(a) the Annex and Appendix to the Convention,
(b) amendments of the Convention, and
(c) protocols to the Convention;
"customs officer" means any person employed in the Customs, Excise and Preventive
Service, as well as any person acting in the aid of any such person; and any person acting in
aid of an officer acting in the execution of his or her duty, shall be considered to be an officer
acting in the execution of his or her duty;
"Declaration of Security" means a Declaration of Security determined by the Minister under
subsections (1) and (2) of section 9;
"Director-General" means the Director-General appointed under section 11 of the Ghana
Maritime Authority Act 2002 (Act 630);
"Ghanaian ship" means a ship registered or licensed under the Ghana Shipping Act, 2003
(Act 645) or a ship owned by Ghanaians but exempted from being registered or licensed
under Act 645 and includes
(a) a passenger ship that is used for international voyage or a voyage within Ghana, and
(b) a cargo ship of 500 or more gross tonnage that is used for international voyage or a
voyage within Ghana;

nal voyage or a voyage within Ghana, and
(b) a cargo ship of 500 or more gross tonnage that is used for international voyage or a
voyage within Ghana;

"high-speed craft" means a craft capable of a maximum speed in metres per second equal to
or exceeding—
VO.

"high-speed craft" means a craft capable of a maximum speed in metres per second equal to
or exceeding—
VO.

1667
3.7
3
where V is the displacement corresponding to the design waterline (m);
"International Safety Management Code" means the International Management Code for the
Safe Operation of Ships and for Pollution Prevention adopted on 4 November 1993 by the
International Maritime Organisation by Resolution A741 (18);
"maritime security document" means a document issued or approved by a party to the
Convention for the purpose of the Code;
"maritime security officer" means a person who is appointed under section 71(1) to carry out
maritime security functions;
"master" includes every person who lawfully has, for the time being, command or charge of a
ship;
"Minister" means the Minister responsible for Maritime transportation;
"mobile offshore drilling unit" means a mechanically propelled unit or vessel that is capable
of engaging in drilling operations for the exploration for, or exploitation of, resources beneath
the seabed such as liquid or gaseous hydrocarbons, sulphur, or salt;
"oil tanker" means an oil tanker as defined in regulation 1 of Annex 1 of the Protocol of 1978
relating to the International Convention for the Prevention of pollution from Ships 1973;
"Organisation" means the International Maritime Organisation;
"passenger ship" means a vessel which is constructed for or which is habitually or on any
particular occasion used for carrying more than twelve passengers;
"pleasure craft" means a ship, however propelled, that is used exclusively for pleasure and
does not carry passengers or cargo for hire or reward;
"port" means an area of water, or land and water including any buildings, installations or
equipment situated in or on that land or water intended for use either wholly or partly in
connection with the movement, loading, unloading, maintenance or provisioning of ships,
and includes
(a) areas of water, between the land of the port and the open waters outside the port, intended
for use by ships to gain access to loading, unloading or other land-based facilities; and
(b) areas of open water intended for anchoring or otherwise holding ships before they enter
areas of water, including areas of open water between the areas of water;
"port facility" means a location, as determined by the Director-General, where the ship-port
interface takes place, including areas such as anchorages, waiting berths, and approaches
from seaward; and includes fixed and floating platforms;

ort
interface takes place, including areas such as anchorages, waiting berths, and approaches
from seaward; and includes fixed and floating platforms;

"port facility operator" means
(a) the owner of the port facility; or
(b) the manager of the port facility, or
(c) any other person who is, for the time being, responsible for the management of the port
facility;
"port facility security officer" means the person designated under subsection (1) section 57 by
the port facility operator;
"port facility security plan" means a plan developed to ensure the application of measures
designed to protect a port facility, ships, persons, cargo, cargo transport units, and ship's
stores within the port facility from the risks of a security incident;
"recognised security Organisation" means an organisation appointed under subsection (1) of
section 5 and includes a security organisation affiliated to the IMO or designated by the
Minister as competent for appointment by the Authority in accordance with subsection (4) of
section 5;
"security incident" means any suspicious act or circumstance that threatens the security of a
(a) ship,
(b) a mobile offshore drilling unit and high-speed craft;
(c) a port facility;
(d) ship-port interface; or
(e) ship-to ship activity;
"security level" means the quantification of the degree of risk that a security incident will be
attempted or will occur;
"security level 1" means the level for which minimum appropriate protective security
measures must be maintained at all times for a period of time as a result of heightened risk of
a security incident;
"security level 2" means the level for which appropriate additional Protective security
measures must be maintained at all times;
"security level 3" means the level for which further specific protective security measures
must be maintained for a limited period of time when a security incident is probable or
imminent, although it may not be possible to identify the specific target;
"security regulated port" means a port or port facility subject to a Declaration of security
under subsection (3) of Section 9;
"ship-port interface" means the interaction that occurs when a ship is directly and
immediately affected by actions involving the movement of persons, goods, or the provision
of port services to or from the ship;
"ship security officer" means a person designated under subsection (1) of section 44;

s, goods, or the provision
of port services to or from the ship;
"ship security officer" means a person designated under subsection (1) of section 44;

"ship security plan" means a plan developed to ensure the application of measures on board
the ship designed to protect persons on board, cargo, cargo transport units, ship's stores, or
the ship from the risks of a security incident;
"ship-to-ship activity" means any activity not related to a port facility that involves the
transfer of goods or persons from one ship to another;
"ship's administration" means the government of the State in which the ship is registered;
"territorial limits of the Republic of Ghana" means the internal waters, territorial sea,
contiguous zone and any safety zones around sea installations in the exclusive economic zone
of Ghana. SCHEDULES
SCHEDULE I
(Section 11(4) and 11(5))
Form of a Declaration of Security between a ship and a port facility
DECLARATION OF SECURITY
Name of Ship
Port of Registry
IMO Number
Name of Port Facility
This Declaration of Security is valid from .....................

ECLARATION OF SECURITY
Name of Ship
Port of Registry
IMO Number
Name of Port Facility
This Declaration of Security is valid from .....................

until..................., for the following
activities
(list the activities with relevant details)
under the following security levels
Security level(s) for the ship
Security level(s) for the port facility
The port facility and ship agree to the following security measures and responsibilities to
ensure compliance with the requirements of Part A of the International Code for the Security
of Ships and of Port Facilities. The affixing of the initials of the SSO and PFSO done, in accordance with relevant approval
plan, by
Activity The port facility The ship:
Ensuring the performance of all security duties
Monitoring restricted areas to ensure that only authorised personnel have access

rt facility The ship:
Ensuring the performance of all security duties
Monitoring restricted areas to ensure that only authorised personnel have access

Controlling access to the port facility
Controlling access to the ship
Monitoring of the port facility, including berthing areas and areas surrounding the ship
Monitoring of the ship, including berthing areas and areas surrounding the ship
Handling of cargo
Delivery of ship's stores
This form of Declaration of Security is for use between a ship and a port facility. If the
Declaration of Security is to cover two ships, this model should be appropriately modified. Handling unaccompanied baggage
Controlling the embarkation of persons and their effects
Ensuring that security communication is readily available between the ship and port facility
The signatories to this agreement certify that security measures and arrangements for both the
port facility and the ship during the specified activities meet the provisions of chapter X1-2
and Part A of Code that will be implemented in accordance with the provisions already
stipulated in their approved plan or the specific arrangements agreed to and set out in the
attached annex. Dated at..................................................... on the................................

ents agreed to and set out in the
attached annex. Dated at..................................................... on the................................

Signed for and on behalf of
The port facility the ship
(Signature of Ship Security Officer) (Signature of Port Facility Security Officer)
Name and title of person who signed
Name Name
Title Title
Contact Details
(to be completed as appropriate)
(indicate the telephone numbers or the radio channels or frequencies to be used)

ame Name
Title Title
Contact Details
(to be completed as appropriate)
(indicate the telephone numbers or the radio channels or frequencies to be used)

For the port facility For the ship
Port Facility Security Officer
Port Facility Operator
Ship Security Officer
Company
Company Security Officer
SCHEDULE II
(Section 29(4))
ENDORSEMENT WHERE THE RENEWAL VERIFICATION HAS BEEN COMPLETED
AND SECTION A/19.3.4 OF THE ISPS CODE APPLIES
The ship complies with the relevant provisions of Part A of the ISPS Code, and the
Certificate shall, in accordance with section 19.3.4 of Part A of the ISPS Code, be accepted
as valid until ............................ Signed............................................ (Signature of authorised official)
Place .......................................... Date ............................................. (Seal or stamp of Authority, as appropriate)
SCHEDULE III
(SECTION 29(4))
ENDORSEMENT FOR INTERMEDIATE VERIFICATION
THIS IS TO CERTIFY that at an intermediate verification required by section 19.1.1 of Part
A of the ISPS Code the ship was found to comply with the relevant provisions of chapter XI-
2 of the Convention and Part A of the ISPS Code
Intermediate verification Signed ............................. (Signature of authorised official)
Place ........................................

Code
Intermediate verification Signed ............................. (Signature of authorised official)
Place ........................................

Date .......................................... (Seal or stamp of the Authority, as appropriate)

Date .......................................... (Seal or stamp of the Authority, as appropriate)

SCHEDULE IV
(Form A)
(Section 29(4))
ADDITIONAL VERIFICATION IN ACCORDANCE WITH SECTION A/19.3.7.2 OF THE
ISPS CODE
THIS IS TO CERTIFY that at an additional verification required by section 19.3.7.2 of Part
A of the ISPS Code the ship was found to comply with the relevant provisions of chapter X1-
2 of the Convention and Part A of the ISPS Code.
Signed.....................................
(Signature of authorised official)
Place................................
Date.................................
(Seal or stamp of the Authority as appropriate)
(Form B)
(Section 29(4))
Additional verification
Additional verification
Signed ........................
(Signature of authorised official)
Place.....................................
Date.....................................
(Seal or stamp of the authority, as appropriate)
Signed ........................
(Signature of authorised official)
Place.....................................
Date.....................................
(Seal or stamp of the Authority, as appropriate)
* This part of the certificate shall be adapted by the Authority to indicate whether it has
established additional verifications as provided for in section 19.1.4.

f the certificate shall be adapted by the Authority to indicate whether it has
established additional verifications as provided for in section 19.1.4.

SCHEDULE V
(Section 30(2))
Form of the International Ship Security Certificate
INTERNATIONAL SHIP SECURITY CERTIFICATE
(Official Seal)
Certificate Number
Issued under the provision of
INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS CODE)
Under the authority of the Government of------------------------------------------------------
by -------------------------------------------------------------------------------------------------------------
(persons or organisation authorised)
Name of
ship------------------------------------------------------------------------------------------------------------
Distinctive number or letters
Port of
registry......................................................................................................................................... Type of
ship.............................................................................................................................................. Gross
tonnage........................................................................................................................................

Gross
tonnage........................................................................................................................................

IMO
Number........................................................................................................................................ Name and address of the
Company...................................................................................................................... THIS IS TO CERTIFY
1. That the security system and any associated security equipment of the ship has been
verified in accordance with section 19.1 of Part A of the ISPS Code;
2. That the verification showed that the security system and any associated security
equipment of the ship is in all respects satisfactory and that the ship complies with the
applicable requirements of chapter XI-2 of the Convention and Part A of the ISPS Code;

n all respects satisfactory and that the ship complies with the
applicable requirements of chapter XI-2 of the Convention and Part A of the ISPS Code;

3. That the ship is provided with an approved ship security plan
Date of initial/renewal verification on which this certificate is based....................................... This Certificate is valid until.......................................................................................... subject
to verifications in accordance with section 19.1.1 of Part A of the ISPS Code. Issued at .................................................................................... (place of issue of the Certificate)
Date of issue ......................................................................... Seal of issuing Authority, as appropriate
SCHEDULE VI
Form A
(Section 33(8))
ENDORSEMENT TO EXTEND THE CERTIFICATE IF VALID FOR LESS THAN 5
YEARS WHERE SECTION A/19.3.3 OF THE ISPS CODE APPLIES
The ship complies with the relevant provisions of Part A of the ISPS Code, and the
Certificate shall, in accordance with section 19.3.3. of Part A of the ISPS Code, be accepted
as valid until ................................................................... Signed .......................................... (Signature of authorised official)
Place .............................................

............. Signed .......................................... (Signature of authorised official)
Place .............................................

Date .............................................. (Seal or stamp of the authority, as appropriate)
Form B
(Section 33(8))
ENDORSEMENT TO EXTEND THE VALIDITY OF THE CERTIFICATE UNTIL
REACHING THE PORT OF VERIFICATION WHERE SECTION A/19.3. OF THE ISPS
CODE APPLIES OR FOR A PERIOD OF GRACE WHERE SECTION A/19.3.6 OF THE
ISPS CODE APPLIES
This Certificate shall, in accordance with section 19.3.5/ 19.3.6Delete as appropriate* of Part
A of the ISPS Code, be accepted as valid
until.............................................................................................. Signed....................................

s valid
until.............................................................................................. Signed....................................

(Signature of authorised official)
Place...................................... Date...................................... (Seal or stamp of the Authority, as appropriate)
ENDORSEMENT FOR ADVANCEMENT TO EXPIRY DATE WHERE SECTION
A/19.3.7.1 OF THE ISPS CODE APPLIES
(Section 33 (8))
In accordance with section 19.3.7.1 or Part A of the ISPS Code, the new expiry dateIn case of
completion of this part of the certificate the expiry date shown on the front of the certificate
shall also be amended accordingly. Signed ................................. (Signature of authorised official)
Place ..................................... Date....................................... (Seal or stamp of the Authority, as appropriate)
* Delete as appropriate
* * In case of completion of this part of the certificate the expiry date shown on the front of
the certificate shall also be amended accordingly. SCHEDULE VII
(Section 35 (2))
Form of the Interim International Ship Security Certificate
(Official seal) (State)
Certificate No.

amended accordingly. SCHEDULE VII
(Section 35 (2))
Form of the Interim International Ship Security Certificate
(Official seal) (State)
Certificate No.

Issued under the provisions of the
INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS CODE)
Under the authority of the Government of---------------------------------------------------------
(name of State)
By------------------------------------------------------------------------------
(persons or organisation authorised)

----------------
(name of State)
By------------------------------------------------------------------------------
(persons or organisation authorised)

Name of ship:
Distinctive number or letters:.................................................................................................. Port of registry:...................................................................................................................... Type of ship:.......................................................................................................................... Gross tonnage:........................................................................................................................ IMO Number:.......................................................................................................................... Name and address of company: ............................................................................................... Is this a subsequent, consecutive interim certificate? Yes/No*
If Yes, date of issue of initial interim certificate....................................................................... THIS IS TO CERTIFY THAT the requirements of section A/19.4.2 of the ISPS Code have
been complied with
This Certificate is issued pursuant to section A/19.4 of the ISPS Code.

the requirements of section A/19.4.2 of the ISPS Code have
been complied with
This Certificate is issued pursuant to section A/19.4 of the ISPS Code.

This Certificate is valid until.................................................................................................. Issued at................................................................................................................................. (Place of issue of the certificate)
Date of issue........................................................................................................................... (Signature of the duly authorised official issuing the Certificate)
(Seal or stamp of issuing Authority, as appropriate)
SCHEDULE VIII
(Section 55(3))
Form of a Statement of Compliance of a Port Facility
(Official seal) (State)
Statement Number
Issued under the provisions of Part B of the
INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS CODE)
The Government of----------------------------------------------------------------------------------------
(name of the State)
Name of the Port Facility ................................................................................. Address of the Port Facility ..............................................................................

.......................................... Address of the Port Facility ..............................................................................

THIS IS TO CERTIFY that the compliance of this port facility with the provisions of chapter
X1-2 and Part A of the International Ship and Port Facility Security Code (ISPS Code) has

been verified and that this port facility operates in accordance with the approved port facility
security plan. This plan has been approved for the following specific types of operations,
types of ship or activities or other relevant information (delete as appropriate):
Passenger ship
Passenger high speed craft
Cargo high speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore drilling units
Cargo ships other than those referred to above
This Statement of Compliance is valid until.............................................................. subject to
verifications (as indicated overleaf)
Issued
at..................................................................................................................................................
(place of issue of the statement)
Date of issue
(Signature of the duly authorised official issuing the document)
(Seal or stamp of issuing Authority, as appropriate)
Date of Gazette Notification: 12th November, 2004.