ISPS as an Instrument of PSI

Cmde R.S. Vasan (Retd.)
Expert on Maritime Security

In the forenoon session, a lot has been discussed about PSI which is aimed at preventing proliferation of WMD and also includes bilateral agreements providing for inspection, shipment of cargo, interdiction and boarding and search of suspect vessels. It makes my job simpler for correlating issues of ISPS with that of PSI and present a total picture as these two initiatives intrude on maritime security in the back drop of maritime threats, particularly, maritime terrorism.

Advantages of The Seas

The oceans confer many advantages for nations as they serve the economic means of transportation, right of innocent passage, free trade and more importantly, the relative freedom from the cumbersome application of laws that apply on land. So it does not come to us as a surprise, that over 90 percent of the worlds trade in volume and over 80 percent in value of goods use the sea routes. It is therefore vital for the very sustenance of economies. The advantages of the seas are conferred equally upon any one who can sail at sea, perhaps even with a small boat.

Terrorist Attacks at Sea

USS Cole an Aegis class ship was off Aden in Oct 2000 and was routinely having a boat for help along side. Two terrorists detonated the boat alongside fully loaded with explosives resulting in extensive damages and death of 17 US crew. Two years later in October 2002, a French tanker Limburg was the target of terrorist bomb attack in the same waters with unprecedented environmental damage as she was carrying over 390,000 barrels of oil. The attack on USS Cole in October 2000 and the attack on French tanker Limburg in October 2002 and the increased piracy incidents worldwide brought to fore the vulnerability of ships including warships at sea.

With suicide attacks being legitimized by certain groups and having become an accepted norm to disrupt and demoralize target nations and/or groups, the need to be prepared, to meet such eventualities became even more important. While 9/11, and closer home, the attack on the parliament, Akshardam temple and the unending cross border terrorism in Kashmir brought to focus the ugly dimensions of terrorism, it urged nations to review their own security preparedness to combat terrorism at many levels. It also brought nations together on many related issues and rendered it easy to adopt common procedures and practices. This enabled achievement of enhanced levels of preparedness, seeking to prevent and being prepared for acts of terrorism both on land and at sea.

Birth of ISPS

Propelled by the need of the hour as well as sustained lobbying by the US, the International Maritime Organization (IMO) held many meetings commencing in 2002 to discuss implementation of measures by member states to enhance the level of security and preparedness both on ships and the ports they serviced. The whole hearted acceptance of proposed measures which came to be known as International Ship and Port Security code (ISPS) by over 160 member states reflects the high level of concern amongst the sea faring nations about maritime threats. The world community had already accepted the Safety of Life at Sea Convention (SOLAS) in 1974. The ISPS was included as an addition to SOLAS.

The objectives of the ISPS code

· To detect / assess security threats.
· To take preventive measurers against security incidents affecting ships and port facilities involved in international trade.
· To establish rules for inspections.
· To collate and exchange security related information.
· To ensure that plans and procedures are in place to react to changing security levels.
· To ensure confidence amongst seafarers.

Highlights

The ISPS code was promulgated in two parts namely part A and part B. The first part contained the mandatory requirements, which were to be implemented by ships, ports and ship owners. The second part was more a guideline document, which contained the ways in which ports, ships and ship owners could implement the provisions. The provisions contained, cater for a three tier security level to be achieved and maintained depending on the assessed threat. The rules were made applicable to passenger ships including high-speed cargo ships and high-speed crafts of 500 tons GRT. It was also made applicable to off shore trading units and pot facilities. By definition, the inland container terminals were considered as extensions of the port facility and therefore they were brought into the ambit of the security umbrella of ISPS.

According to the ISPS, each ship should have a trained security officer without absolving the traditional responsibilities of the Master of the vessel. Similarly, each port has to have a Security officer to ensure compliance with ISPS code and to maintain link with other agencies during any situation. Each company was also required to appoint a security officer for overseeing and coordination with the port on a regular basis. The security officer was required to have full knowledge of the required response mechanism and should also have the competence for dealing with situations of threat.

Ships and crafts were to be equipped with alarm systems and an Automatic Information System (AIS). This would enable tracking by owners and security agencies. This feature would greatly assist in the cases of piracy or terrorist threats of hijacking. Access control to Bridge and Engine room were required to be in place. The requirement of the CSR (Continuous Synopsis Record) was to ensure that the problems of stowaways did not occur. As per the agreement, the contracting nations had to implement the necessary measures by 1st July 2004. The record so far indicates that nations have competed with one another to beat the deadline.

India does it differently?

While most of the nations have nominated the Coast Guard or the Navy to oversee the compliance with ISPS, India has surprised everyone by nominating the IRS (Indian Registrar of Shipping) an agency, which hitherto was the ship surveyor. The MMD has admitted that they have the qualification, the expertise or the manpower to take on the role of the security services; it appears that, both the Indian Navy and the Coast Guard have remained silent spectators. The report in media also suggests that USCG may be involved for the audit of our ports. This piece is even more disturbing. There can be no better way to compromise our security. We have our own qualified personnel to carry out such audit when ever and as often as necessary. The nation continues to spend crores on both the Navy and the Coast Guard to provide quality training and keep them prepared to combat terrorism and unlawful acts at sea both in peace and war. In my opinion, this requires immediate correction before the terrorists get the better of the favorable situation in our waters. We have a pool of trained professionals who are on call round the clock.

Sample Reactions

It would be worthwhile to see how the world has reacted to the implementation of the fully comprehensive maritime code that the majority has accepted as unavoidable and appears fully justified.

On the flip side, the arguments that tried to oppose the code were that

·The cost of shipping operations would go up affecting business revenue and profits.
·There would be greater curbs on civil liberties.
·Curtailment of freedom of movement along with infringement of privacy and inviolability of an individual.
·Racial profiling once reserved for African Americans now for Arab Americans
·Anglers banned from East London west pier and Cape Town water front regattas will not take place. Etc.

One would notice none of these are very serious considering the advantages that the ISPS would provide to the signatory nations.

On implementation, it is evident that the ships that have not been certified as compliant would not be allowed to enter ports and invite boarding, search and inspection by security agencies for establishing credentials of the suspect vessel. Similarly, ports, which choose to opt out of the ISPS, would not be visited by ships and would affect the trade of that port just as the shipping community would shun Ship owners who opt out of the loop. So it is clear that almost all the ports would be under the security umbrella provided by the provisions of ISPS. The system in addition to the initial certification of ships, ports and companies would use electronic connectivity to build up databases and to exchange information about the type of cargo, passenger manifest and details of the voyage. This would assist in evaluating potential target ships for further follow up investigation in respect of violators.

Linkages with the PSI

During the deliberations of the provisions of the ISPS code itself, there was a strong recommendation for the PSI provisions to be included in the ISPS code. However, PSI itself took a different path and did not want to be identified as an organization, It was to be an activity which was mostly to be confined to the "haves" who wanted to deny the technologies to the "have-nots". However, there are enough and more to provide the necessary linkages to the PSI activity. This can be easily illustrated. The very scheme of things in ISPS caters for a transparency of the surface plots of all traders with full details of cargo passengers, the details of the last port of call and whether such a port was an ISPS compliant port. Then the inputs and the data available are analyzed with the help of appropriate custom built software where experts in the field would short list offenders in respect of proliferation. Once the mechanism is in place, the major route for proliferation would be plugged.

With leading technology for containers coming from the US and the introduction of smart containers, availability of information of nature of cargo, destination, credentials of both the dispatcher and the consignee would be available at a click. The only watchword here is that there was enough information available on the possible attack on the WTC at the same click, yet the contingency buttons were not pressed in time and the right actions cried for attention. It has now come to light that 9/11 was indeed avoidable. It is hoped that the lessons have been learnt and the same mistakes would be not committed in respect of ISPS violations.

The Disturbing Facts

The issues of WMD need to be looked at in the background of some disturbing factors, which crave for attention. With due apologies to my American friends here, I must remind the audience about some of these key factors that have influenced the behavior of nations and groups in the last century. Some of these undisputed facts are-

·Since the realization of the potential of nuclear weapons, the only nation that has used an atomic weapon in anger is the USA. The loss of lives and the devastating damage done in Hiroshima and Nagasaki continue to haunt sane minds to date.

·The Agent Orange, a chemical that was used in Vietnam was the handiwork of the same superpower that today is determined to even wage a war based on a remote suggestion of the use of WMD. While millions died in Vietnam, the plight of those living and even those born with unimaginable birth defects is something that will upset any one who visits the country

·The nuclear stockpile held by US is more than adequate to annihilate the world and its inhabitants many times over.

·The devastating effects of Anthrax were sought to be used by the Allies against Germany with out any consideration to the loss of lives and misery that would be brought about by such use of a biological weapons. The money spent on qualitative improvements made to their arsenal and weapon delivery systems on a regular basis is offset by arms export deals in which older technology can be sold in the arms market of the third world countries. Does this fuel the arms race is perhaps a moot point.

The world community has criticized both in US and the war on Iraq, as it apparently was entirely based on false or beefed up intelligence bringing the credibility factor of the super power to disrepute. In fact this has become a key election issue and the Presidential nominee Mr. Kerry during his election speech last week has vowed not to lead US to such avoidable wars. The shipments of missiles, centrifuge components from North Korea and missiles from China are all cases that required punitive actions. The reality on the ground is that it is perhaps easy to go to war on Iraq, but the same yardstick cannot be applied to China or Pakistan. In fact, there is a growing feeling that Pakistan has been rewarded with the major Non NATO ally status for all the nuclear proliferation blunders.

That fact sheet was just aimed at providing some undisputable facts, which need to be borne in mind while analyzing the actions of those affected by unilateral actions of a super power. Some Americans may even argue, that they realized their grave mistakes in using the Atomic weapon and are atoning this sin by ensuring that no one else uses the NBC weapons. But, whether the UK and US are more responsible today is debatable in the wake of the unwarranted attack on Iraq which has brought about more damage, has rendered millions homeless, and has affected the quality of living in Iraq which was once home to ancient civilization.

Conclusion

The statement of the Indian Prime Minister at the BIMSTEC sets the tone for keeping terrorism in focus. There is a need to address both the perceived and actual wrongs committed in the past to see that these perceptions do not isolate nations, groups and communities. As far as, maritime terrorism is concerned, it has to be dealt with an Iron hand. Whether it is the Malacca Straits Patron, the ISPS or the PSI, the ultimate aim is to ensure free trade and commerce to assist the global economic activity and prosperity of nations in a terror free environment. The ISPS as an instrument to combat maritime terrorism and to assist PSI directly and indirectly is here to stay. There may be some loopholes but these would be plugged soon.

However, just as in the case of the WTC or our own parliament attack, the terrorists could at times be ahead of the mechanisms aimed at preventing them. They will perhaps continue to innovate and succeed as they have done in the past by outwitting counter terrorist means and methods. While these processes aimed at counter terrorism are timely and needed, the simultaneous examination and understanding of the route causes with a view to address them would yield rich collective dividends. Those involved in the" Hunter and the Hunted" game are very aware that once you have chosen to mount the tiger, you cannot afford to get off!

Compiled by Tejal Chandan