Maritime Port Security
MARITIME TRANSPORTATION SECURITY ACT OF 2002: A CRITIQUE
PORT SECURITY
HLSS645
Theaurthus Grant
July 24, 2010
TABLE OF CONTENTS
1. A Brief Legislative History of the Bill 3
2. Review of Previous Legislation: The Need for MTSA 4 3. Summary of Pertinent Provisions of the MTSA 7 4. Strengths and Weaknesses of MTSA 10 5. Final Assessment and Recommendations to Strengthen MTSA 15
REFERENCES 17
1. A Brief Legislative History of the Bill The United States (US), who is a party to the International Maritime Organization (IMO), has long been pushing for a response to the issue of maritime security worldwide. Prompted by the US, the IMO agreed to make security amendments to the Safety of Life at Sea Convention 1974 (SOLAS). Parties to the IMO and SOLAS convention finalized these amendments at a diplomatic held at the IMO in December 2002 in London. In the diplomatic conference, it was agreed upon that maritime security measures will be accepted internationally by January 1, 2004, and in force six months later by July 1, 2004 worldwide. As a result of this agreement, the International Ship and Port Facility Code (ISPS) was drafted containing the amendments and complimentary provisions to the SOLAS. The ISPS was included as an Annex to Chapter XI-2 of the SOLAS Convention. The new security code is the first multilateral ship and port security standard ever created. It requires nations to develop port and ship security plans primarily as a safeguard against the threat of terrorist attacks. It also provides for a standard framework in helping governments to evaluate risks in case of threat to ship and port facilities. The ISPS applies to all passenger ships on international voyages, to all other ships over 500 G on international voyages, and all port facilities serving ships on international voyages (Peppinck, 2003; US Department of Homeland Security, 2003). The Maritime Transportation Security Act of 2002
PORT SECURITY
HLSS645
Theaurthus Grant
July 24, 2010
TABLE OF CONTENTS
1. A Brief Legislative History of the Bill 3
2. Review of Previous Legislation: The Need for MTSA 4 3. Summary of Pertinent Provisions of the MTSA 7 4. Strengths and Weaknesses of MTSA 10 5. Final Assessment and Recommendations to Strengthen MTSA 15
REFERENCES 17
1. A Brief Legislative History of the Bill The United States (US), who is a party to the International Maritime Organization (IMO), has long been pushing for a response to the issue of maritime security worldwide. Prompted by the US, the IMO agreed to make security amendments to the Safety of Life at Sea Convention 1974 (SOLAS). Parties to the IMO and SOLAS convention finalized these amendments at a diplomatic held at the IMO in December 2002 in London. In the diplomatic conference, it was agreed upon that maritime security measures will be accepted internationally by January 1, 2004, and in force six months later by July 1, 2004 worldwide. As a result of this agreement, the International Ship and Port Facility Code (ISPS) was drafted containing the amendments and complimentary provisions to the SOLAS. The ISPS was included as an Annex to Chapter XI-2 of the SOLAS Convention. The new security code is the first multilateral ship and port security standard ever created. It requires nations to develop port and ship security plans primarily as a safeguard against the threat of terrorist attacks. It also provides for a standard framework in helping governments to evaluate risks in case of threat to ship and port facilities. The ISPS applies to all passenger ships on international voyages, to all other ships over 500 G on international voyages, and all port facilities serving ships on international voyages (Peppinck, 2003; US Department of Homeland Security, 2003). The Maritime Transportation Security Act of 2002
References: Maritime Transportation Security Act of 2002. (2006). United States Coast Guards. Retrieved July 19, 2010 from http://www.uscg.mil/hq/g-p/comrel/factfile/Factcards/MTSA2002.htm Mineta, N.Y Peppinck, A. (2003). The International Ship and Port Facility Code (“ISPS Code”). Find Law – Australia. Retrieved July 19 2010 from http://www.findlaw.com.au/article/8924.htm Port Security Improvements Act of 2003 (HR 2193; 108th Congress). Press Release – Fact Sheet: Maritime Security Requirements. (2003). US Department of Homeland Security. Office of the Press Secretary. Retrieved July 19, 2010 from http://www.dhs.gov/dhspublic/display?content=2036 Ridge, T Maritime Transportation System Security Recommendations For The National Strategy For Maritime Security (October 2005). US Department of Homeland Security. Retrieved July 20, 2010 from http://www.dhs.gov/interweb/assetlibrary/HSPD_MTSSPlan.pdf