Ordinary seafarers face dramatic new restrictions in a bid to improve maritime security, while the flag of convenience system remains an unchecked potential conduit for international terrorism

Seafarers face a world of more regulations and restrictions on their freedom of movement as a result of proposed security changes in the wake of last year’s terrorist attacks on the United States.

A planned International Ships and Port Facility Security Code (ISPS) and the possible introduction of a new seafarers’ identity document have both been put forward in response to the heightened awareness that ships could be used either as a terrorist weapon or as a means of transport for the terrorists themselves and their weapons.
Terrorists and their financial backers can also use shipping – completely legally, through the unregulated flag of convenience system – to finance their activities and move large sums of money around the world without raising suspicion.

There are also fears that ships or their cargoes could be used as weapons, or could be transporting materials for terrorist attacks. Seafarers calling at ports in the US have already faced restrictions on their right to shore leave since the terrorist attacks. Armed guards on gangways and in port areas have become a common sight.

The ITF Congress in Vancouver recognised the need for governments to improve security – seafarers themselves are likely to be victims of any attack – but warned that any new system must protect human rights and the ability to gain work at sea.

Changes in the regime for seafarers visiting ports has resulted in cancellation of shore leave. As a result many seafarers have been imprisoned on their vessels when calling at US ports, and the ITF and seamen’s missions have protested at such treatment.

Jon Whitlow, Secretary of the ITF Seafarers’ Section, said: “These difficulties are likely to increase in view of the other legislation under way in the US and other measures proposed, for example as an increase in the cost of visas and changes in procedures.”

A new seafarers’ identity document is under discussion in the International Labour Organization (ILO). This could involve the use of modern techniques such as biometric identification.

Concerns have already been raised about the level of detail that should be made available on such documents.

International concern over the threat of terrorist activities, combined with pressure from the United States, has meant that regulations on maritime security will be “fast-tracked” through in the usually slow world of international law. It is expected that the new measures could be in place by the end of 2003 or early 2004.

Details of the proposed ISPS ship security code remained to be finalised at an international conference held by the International Maritime Organization (IMO) in December 2002. However, the principles of the system have been accepted by most governments and rely on an analysis of the likely risk posed by each ship and each port of call.

The regulations will be implemented through the Safety of Life at Sea Convention, which is the set of safety rules under which 98 per cent of the world’s international merchant fleet operates.

William O’Neil, IMO Secretary General, indicated that all existing IMO measures relating to maritime security were being thoroughly reviewed, stating that:

“Safety and security have always been linked, and today our concept of a safety culture must expand to include the need for a heightened awareness of the threats from terrorists which face us all. The IMO’s emphasis will be on people – on creating an ambience in which vigilance and watchfulness become part of the daily round, and in which all the necessary actions to safeguard ships and their crews, however routine they may seem, are performed with diligence and care.”

The main provisions of the code are likely to be:

• Each ship will have to have a security plan and a designated ship security officer. Shipping companies will have to appoint company security officers.
• Certain on-board equipment, such as tracking equipment and alarms, might become mandatory.
• Ships will have to have some form of record system to track registered ownership, the flag the vessel flies, and a name or identity code built into the body of the vessel which would be more difficult to erase, remove or change.
• Ships will be subject to a system of survey, verification, certification and control to ensure that their security measures are implemented.

Many of the new regulations will be monitored by port state control officers. Port authorities might be given the powers to refuse entry to port if they suspect that the vessel has not complied with all the relevant security measures and poses a potential risk.

David Heindel, ITF Seafarers’ Section Vice Chair, gave evidence to the US Congress in July 2002. He explained that although seafarers were now being treated with suspicion, the flag of convenience system was going ahead unchecked. He testified that the lack of control over the financial ownership of ships had allowed FOC vessels to be linked to the registration of hijacked ships, fraudulent seafarers’ documentation, illegal fishing, smuggling and international terrorism.