Rules of the People's Republic of China on the Security of International Ships (Revised in 2019)
Rules of the People's Republic of China on the Security of International Ships (Revised in 2019)
Rules of the People's Republic of China on the Security of International Ships (Revised in 2019)
Order of the Ministry of Transport of the People's Republic of China [2019] No.15
June 3, 2019
(Issued by the Ministry of Transport on March 26, 2007, and revised in accordance with the Decision of the Ministry of Transport on Revising the Rules of the People's Republic of China on the Security of International Ships on June 3, 2019)
Chapter I General Provisions
Article 1 To strengthen the security management of ships engaged in international navigation, these Rules are formulated in accordance with the provisions of the amended International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as the "SOLAS Convention") and the International Ship and Port Facility Security Code (hereinafter referred to as the "ISPS Code").
Article 2 These Rules shall apply to the following Chinese ships engaged in international navigation, Chinese companies engaged in international shipping business and foreign ships entering sea waters under Chinese jurisdiction:
1. passenger ships;
2. cargo ships with a gross tonnage of 500 tons or more;
3. special-purpose ships with a gross tonnage of 500 tons or more; and
4. mobile offshore drilling rigs.
Ships to which these Rules apply are hereinafter referred to as "Ships" for short.
These Rules do not apply to military ships or ships for government purposes only.
Article 3 The Ministry of Transport shall be in charge of national ship security work. The Maritime Safety Administration of the People's Republic of China shall be responsible for the specific implementation of the responsibilities of the competent ship security authorities of the Contracting Governments as stipulated in the SOLAS Convention and the ISPS Code.
The maritime safety administrative agencies established by the Ministry of Transport along the coastal areas shall specifically perform the following responsibilities in accordance with these Rules:
1. assuming responsibility for managing the training of ship security officers and company security officers, and issuing corresponding training pass certificates to those who have received the specified ship security training and passed examinations;
2. receiving the maritime security information of ships and taking corresponding actions in accordance with the specified procedures within their statutory responsibilities;
3. providing corresponding security information for ships that have entered China's territorial waters or have reported that they intend to enter China's territorial waters, informing the relevant departments of such security information, and taking corresponding actions in accordance with their statutory responsibilities;
4. implementing ship security supervision and management, inspecting Ship Continuous Synopsis Records, International Ship Security Certificates, Interim International Ship Security Certificates, security alarm devices, security exercises and other ship security matters specified in these Rules, and checking the validity of approved ship security plans and their amendments;
5. implementing the supervision and management of ship security officers and company security officers; and
6. performing other ship security responsibilities as stipulated by the Maritime Safety Administration of the People's Republic of China.
Ship inspection institutions shall specifically perform the following responsibilities in accordance with the authorization of the Maritime Safety Administration of the People's Republic of China and the relevant provisions of these Rules:
1. conducting technical audits of Ship Security Plans; and
2. issuing International Ship Security Certificates and Interim International Ship Security Certificates. (Related article: one on laws and regulations)
Article 4 The meanings of the following terms in these Rules shall be as follows:
1. Special-Purpose Ship refers to a mechanical self-propelled ship carrying more than 12 special personnel (including passengers) according to the needs of its functions. Such ships include the following types:
(1) ships engaged in scientific research, investigation and measurement;
(2) ships for personnel drills at sea;
(3) whale ships and fish processing ships not engaged in fishing;
(4) other marine living resources processing ships not engaged in fishing; and
(5) other ships whose designed features and operational modes are similar to those of ships in Items (1) to (4).
2. Ship-Port Interface Activity refers to an activity of interaction between a ship and a port at the times of personnel exchange, cargo handling or receiving of port services.
3. Ship-to-Ship Activity refers to an act which transfers goods or personnel from one ship to another ship and is not related to port facilities.
4. Security Incident refers to any suspicious act or circumstance that threatens the safety of ships, port facilities or ship-port interface activities or ship-to-ship activities.
5. Security Liaison Point refers to a liaison point which is released by the Ministry of Transport and set up in the various directly affiliated maritime safety administrative agencies of the Ministry of Transport. Ships and companies may, through such liaison points, request advice or assistance from the maritime safety administrative agencies on ship security matters, and report any security issues concerning other ships, movements or communications.
6. Security Level refers to the classification of levels of risks that may cause security incidents or the classification of levels of risks that have seen the occurrence of security incidents.
7. Declaration of Security refers to a written agreement between a ship and port facilities or other ships with which it is engaged in activities, specifying their respective security measures.
8. Ship Security Plan refers to a plan formulated to ensure that measures are taken on board to protect persons, cargo, cargo transport units, ship's stores or ships from the threat of security incidents.
9. Ship Security Officer refers to an on-board person designated by a company to assume responsibility for ship security. Such security officers are responsible to the captain, and their responsibilities include implementing and maintaining Ship Security Plans and making contact with company security officers and port facility security officers.
10. Company Security Officer refers to a person designated by a company who is responsible for carrying out ship security assessment, formulating and reporting Ship Security Plans, implementing and maintaining approved Ship Security Plans, and making contact with port facility security officers and ship security officers.
11. Port Facility Security Officer refers to a person designated to be responsible for the formulation, implementation, revision and maintenance of Port Facility Security Plans and making contact with ship security officers and company security officers.
12. Company refers to a shipping enterprise that undertakes the responsibilities and obligations of safety and pollution prevention management, including shipowners, operators, managers and bareboat charterers.
Chapter II Ship Security Level
Article 5 In ascending order, ship security is divided into three levels, which are respectively security level 1, security level 2, and security level 3.
Security Level 1 refers to the level at which minimum preventive security measures should always be maintained.
Security Level 2 refers to the level at which appropriate additional protective security measures should be maintained for a period of time due to the increased risk of security incidents.
Security Level 3 refers to the level at which further special protective security measures should be maintained for a limited period of time when security incidents may occur or are imminent (although perhaps no specific target may be determined yet).
Article 6 The Maritime Safety Administration of the People's Republic of China shall determine and adjust ship security levels according to the credibility of threat information, the degree of evidence obtained, the degree of specificity or urgency, and the potential consequences of security incidents.
Threat information as referred to in the preceding paragraph includes but is not limited to information on threats generated to the following objects with ships as the carrier or tool: national security, public security, public health, public environment, public resources, maritime communications security, security of important facilities, social security and so on.
Article 7 Ship security levels shall be released by the Ministry of Transport.
When releasing ship security levels, the Ministry of Transport may issue appropriate instructions as the case may require and provide security information for ships that may be affected.
Chapter III Safety Requirements for Ships and Companies
Section 1 General Provisions
Article 8 Ships shall, in accordance with the requirements of the SOLAS Convention and the regulations of the Maritime Safety Administration of the People's Republic of China, be equipped with an automatic identification system (AIS) and Ship Continuous Synopsis Record, be installed with a ship security alarm system, and be labeled with a ship permanent identification number.
Article 9 Companies shall perform the following responsibilities:
1. being responsible for assessing the security of the ships which they own;
2. being responsible for compiling Ship Security Plans and making subsequent revisions of the approved plans;
3. implementing the approved Ship Security Plans;
4. taking appropriate measures to avoid leakage of the ship security assessment or Ship Security Plan or relevant sensitive or confidential security information;
5. arranging for one or several persons to be company security officers, determining the ship for which each person shall be responsible, and ensuring that they can maintain 24-hour contact with their respective ships and port facility security officers and the maritime safety administrative agencies;
6.
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Order of the Ministry of Transport of the People's Republic of China [2019] No.15
June 3, 2019
(Issued by the Ministry of Transport on March 26, 2007, and revised in accordance with the Decision of the Ministry of Transport on Revising the Rules of the People's Republic of China on the Security of International Ships on June 3, 2019)
Chapter I General Provisions
Article 1 To strengthen the security management of ships engaged in international navigation, these Rules are formulated in accordance with the provisions of the amended International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as the "SOLAS Convention") and the International Ship and Port Facility Security Code (hereinafter referred to as the "ISPS Code").
Article 2 These Rules shall apply to the following Chinese ships engaged in international navigation, Chinese companies engaged in international shipping business and foreign ships entering sea waters under Chinese jurisdiction:
1. passenger ships;
2. cargo ships with a gross tonnage of 500 tons or more;
3. special-purpose ships with a gross tonnage of 500 tons or more; and
4. mobile offshore drilling rigs.
Ships to which these Rules apply are hereinafter referred to as "Ships" for short.
These Rules do not apply to military ships or ships for government purposes only.
Article 3 The Ministry of Transport shall be in charge of national ship security work. The Maritime Safety Administration of the People's Republic of China shall be responsible for the specific implementation of the responsibilities of the competent ship security authorities of the Contracting Governments as stipulated in the SOLAS Convention and the ISPS Code.
The maritime safety administrative agencies established by the Ministry of Transport along the coastal areas shall specifically perform the following responsibilities in accordance with these Rules:
1. assuming responsibility for managing the training of ship security officers and company security officers, and issuing corresponding training pass certificates to those who have received the specified ship security training and passed examinations;
2. receiving the maritime security information of ships and taking corresponding actions in accordance with the specified procedures within their statutory responsibilities;
3. providing corresponding security information for ships that have entered China's territorial waters or have reported that they intend to enter China's territorial waters, informing the relevant departments of such security information, and taking corresponding actions in accordance with their statutory responsibilities;
4. implementing ship security supervision and management, inspecting Ship Continuous Synopsis Records, International Ship Security Certificates, Interim International Ship Security Certificates, security alarm devices, security exercises and other ship security matters specified in these Rules, and checking the validity of approved ship security plans and their amendments;
5. implementing the supervision and management of ship security officers and company security officers; and
6. performing other ship security responsibilities as stipulated by the Maritime Safety Administration of the People's Republic of China.
Ship inspection institutions shall specifically perform the following responsibilities in accordance with the authorization of the Maritime Safety Administration of the People's Republic of China and the relevant provisions of these Rules:
1. conducting technical audits of Ship Security Plans; and
2. issuing International Ship Security Certificates and Interim International Ship Security Certificates. (Related article: one on laws and regulations)
Article 4 The meanings of the following terms in these Rules shall be as follows:
1. Special-Purpose Ship refers to a mechanical self-propelled ship carrying more than 12 special personnel (including passengers) according to the needs of its functions. Such ships include the following types:
(1) ships engaged in scientific research, investigation and measurement;
(2) ships for personnel drills at sea;
(3) whale ships and fish processing ships not engaged in fishing;
(4) other marine living resources processing ships not engaged in fishing; and
(5) other ships whose designed features and operational modes are similar to those of ships in Items (1) to (4).
2. Ship-Port Interface Activity refers to an activity of interaction between a ship and a port at the times of personnel exchange, cargo handling or receiving of port services.
3. Ship-to-Ship Activity refers to an act which transfers goods or personnel from one ship to another ship and is not related to port facilities.
4. Security Incident refers to any suspicious act or circumstance that threatens the safety of ships, port facilities or ship-port interface activities or ship-to-ship activities.
5. Security Liaison Point refers to a liaison point which is released by the Ministry of Transport and set up in the various directly affiliated maritime safety administrative agencies of the Ministry of Transport. Ships and companies may, through such liaison points, request advice or assistance from the maritime safety administrative agencies on ship security matters, and report any security issues concerning other ships, movements or communications.
6. Security Level refers to the classification of levels of risks that may cause security incidents or the classification of levels of risks that have seen the occurrence of security incidents.
7. Declaration of Security refers to a written agreement between a ship and port facilities or other ships with which it is engaged in activities, specifying their respective security measures.
8. Ship Security Plan refers to a plan formulated to ensure that measures are taken on board to protect persons, cargo, cargo transport units, ship's stores or ships from the threat of security incidents.
9. Ship Security Officer refers to an on-board person designated by a company to assume responsibility for ship security. Such security officers are responsible to the captain, and their responsibilities include implementing and maintaining Ship Security Plans and making contact with company security officers and port facility security officers.
10. Company Security Officer refers to a person designated by a company who is responsible for carrying out ship security assessment, formulating and reporting Ship Security Plans, implementing and maintaining approved Ship Security Plans, and making contact with port facility security officers and ship security officers.
11. Port Facility Security Officer refers to a person designated to be responsible for the formulation, implementation, revision and maintenance of Port Facility Security Plans and making contact with ship security officers and company security officers.
12. Company refers to a shipping enterprise that undertakes the responsibilities and obligations of safety and pollution prevention management, including shipowners, operators, managers and bareboat charterers.
Chapter II Ship Security Level
Article 5 In ascending order, ship security is divided into three levels, which are respectively security level 1, security level 2, and security level 3.
Security Level 1 refers to the level at which minimum preventive security measures should always be maintained.
Security Level 2 refers to the level at which appropriate additional protective security measures should be maintained for a period of time due to the increased risk of security incidents.
Security Level 3 refers to the level at which further special protective security measures should be maintained for a limited period of time when security incidents may occur or are imminent (although perhaps no specific target may be determined yet).
Article 6 The Maritime Safety Administration of the People's Republic of China shall determine and adjust ship security levels according to the credibility of threat information, the degree of evidence obtained, the degree of specificity or urgency, and the potential consequences of security incidents.
Threat information as referred to in the preceding paragraph includes but is not limited to information on threats generated to the following objects with ships as the carrier or tool: national security, public security, public health, public environment, public resources, maritime communications security, security of important facilities, social security and so on.
Article 7 Ship security levels shall be released by the Ministry of Transport.
When releasing ship security levels, the Ministry of Transport may issue appropriate instructions as the case may require and provide security information for ships that may be affected.
Chapter III Safety Requirements for Ships and Companies
Section 1 General Provisions
Article 8 Ships shall, in accordance with the requirements of the SOLAS Convention and the regulations of the Maritime Safety Administration of the People's Republic of China, be equipped with an automatic identification system (AIS) and Ship Continuous Synopsis Record, be installed with a ship security alarm system, and be labeled with a ship permanent identification number.
Article 9 Companies shall perform the following responsibilities:
1. being responsible for assessing the security of the ships which they own;
2. being responsible for compiling Ship Security Plans and making subsequent revisions of the approved plans;
3. implementing the approved Ship Security Plans;
4. taking appropriate measures to avoid leakage of the ship security assessment or Ship Security Plan or relevant sensitive or confidential security information;
5. arranging for one or several persons to be company security officers, determining the ship for which each person shall be responsible, and ensuring that they can maintain 24-hour contact with their respective ships and port facility security officers and the maritime safety administrative agencies;
6.
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