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MARITIME SIKKERHETSTILTAK MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER 2001 ETTER 11. SEPTEMBER 2001

OG TILKNYTTEDE OG TILKNYTTEDE CERTEPARTIKLAUSULERCERTEPARTIKLAUSULER

MARITIME SIKKERHETSTILTAK MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER 2001 ETTER 11. SEPTEMBER 2001

OG TILKNYTTEDE OG TILKNYTTEDE CERTEPARTIKLAUSULERCERTEPARTIKLAUSULER

Frode Grotmol 16. februar 2004Frode Grotmol

16. februar 2004

En oversikt over den nye internasjonale ”ISPS-koden”, nye regler i USA og nye standardklausuler som regulerer

ansvars- og risikofordelingen mellom partene i certepartier.

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International Code for the Security of Ships and Port Facilities

International Code for the Security of Ships and Port Facilities

II InnledningInnledning

IIII IMOIMO

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1. ISPS-kodens formål1. ISPS-kodens formål

The objectives of this Code are:

1. to establish an international framework involving co-operation between Contracting Governments, Government agencies, local administrations and the shipping and port industries to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade;

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2. to establish the respective roles and responsibilities of the Contracting Governments, Government agencies, local administrations and the shipping and port industries, at the national and international level for ensuring maritime security;

3. to ensure the early and efficient collection and exchange of security-related information;

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5. to ensure confidence that adequate and proportionate maritime security measures are in place.

4. to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels; and

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2. ISPS-kodens “Functional Requirements”

2. ISPS-kodens “Functional Requirements”For å oppnå disse formålene inneholder koden en rekke “functional requirements”. Disse inkluderer, men er ikke begrenset til:

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1. Gathering and assessing information with respect to security threats and exchanging such information with appropriate Contracting Governments;

2. Requiring the maintenance of communication protocols for ships and port facilities;

3. Preventing unauthorized access to ships, port facilities and their restricted areas;

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4. Preventing the introduction of unauthorized weapons, incendiary devices or explosives to ships or port facilities;

5. Providing means for raising the alarm in reaction to security threats or security incidents;

6. Requiring ship and port facility security plans based upon security assessments; and

7. Requiring training, drills and exercises to ensure familiarity with security plans and procedures.

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3. ISPS-kodens gyldighetsområde

3. ISPS-kodens gyldighetsområde

1. The following types of ships engaged on international voyages:

2. Port facilities serving such ships engaged on international voyages.

Koden gjelder for:

a) Passenger ships, including high-speed passenger craft;

b) Cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and

c) Mobile offshore drilling units; and

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4. Ansvaret til myndighetene (Contracting Governments)

4. Ansvaret til myndighetene (Contracting Governments)

Faktorer som skal tillegges vekt ved fastsettelsen av sikkerhetsnivået inkluderer bl.a.:

1. the degree that the threat information is credible;

2. the degree that the threat information is corroborated;

3. the degree that the threat information is specific or imminent; and

4. the potential consequences of such a security incident.

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5. Pliktene til rederiet (the Company)

5. Pliktene til rederiet (the Company)

Ved sikkerhetsnivå 1 skal de følgende aktiviteter utføres:

6. Skipets plikter6. Skipets plikter

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1. ensuring the performances of all ship security duties;

2. controlling access to the ship;

3. controlling the embarkation of persons and their effects;

4. monitoring restricted areas to ensure that only authorized persons have access;

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5. monitoring of deck areas and areas surrounding the ship;

7. ensuring that security communication is readily available.

6. supervising the handling of cargo and ship’s stores; and

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7. Skipets sikkerhetsvurderinger (Ship Security Assessment)

7. Skipets sikkerhetsvurderinger (Ship Security Assessment)

Skipets sikkerhetsvurderinger som sikkerhetsplanen skal baseres på, må inkludere i det minste følgende elementer:

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1. identification of existing security measures, procedures and operations;

2. identification and evaluation of key ship board operations that it is important to protect;

3. identification of possible threats to the key ship board operations and the likelihood of their occurence, in order to establish and prioritise security measures; and4. identification of weaknesses, including human factors in the infrastructure, policies and procedures.

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8. Skipets sikkerhetsplan (Ship Security Plan)

8. Skipets sikkerhetsplan (Ship Security Plan)Skipets sikkerhetsplan skal adressere minst det følgende:

1. measures designed to prevent weapons, dangerous substances and devices intended for use against people, ships or ports and the carriage of which is not authorized from being taken on board the ship;

2. identification of the restricted areas and measures for the prevention of unauthorized access;

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4. procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the ship of ship/port interface;

5. procedures for responding to any security instructions Contracting Governments may give at such level 3;

3. measures for the preventing of unauthorized access to the ship;

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8. procedures for auditing the security activities;

9. procedures for training, drills and exercises associated with the plan;

7. duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects;

6. procedures for evacuation in case of security threats or breaches of security;

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14.identification of the company security officer including with 24-hour contact details;

13.identification of the ship security officer;

12.procedures for reporting security incidents;

11.procedures for the periodic review of the plan and for updating;

10.procedures for interfacing the port facility security activities;

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15.procedures to ensure the inspection, testing, calibration and maintenance of any security equipment provided on board, if any;

16.frequency for testing or calibration of any security equipment provided on board, if any;

17.identification of the locations where the ship security alert system activation points are provided; and

18.procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting and to limit false alerts.

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9. Logger/protokoller (Records)

9. Logger/protokoller (Records)

10. Rederiets sikkerhetsoffiser (Company Security Officer)

10. Rederiets sikkerhetsoffiser (Company Security Officer)11. Skipets sikkerhetsoffiser (Ship Security Officer)

11. Skipets sikkerhetsoffiser (Ship Security Officer)

12. Opplæring og øvelser12. Opplæring og øvelser

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13. Havnene13. Havnene

I ISPS-koden er det detaljerte bestemmelser om det følgende:1. Port Facility Security

2. Port Facility Security Assessment

3. Port Facility Security Plan

4. Port Facility Security Officer

5. Training, Drills and Exercises on Port Facility Security

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14. Verifisering og sertifisering (Verification and Certification)

14. Verifisering og sertifisering (Verification and Certification)

15. Situasjonen i EU15. Situasjonen i EU

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IIIIII ISPS klausuler for ISPS klausuler for tidscertepartiertidscertepartier

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1. BIMCO ISPS klausul for tidscertepartier

1. BIMCO ISPS klausul for tidscertepartier

(a)(i) From the date of coming into force

of the International Code for the

Security of Ships and of Port Facilities

and the relevant amendments to

Chapter XI of SOLAS (ISPS Code) in

relation to the Vessel and thereafter

during the currency of this Charter

Party, the Owners shall procure that

both the Vessel and ”the Company” (as

defined by the ISPS Code) shall comply

with

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the requirements of the ISPS Code

relating to the Vessel and ”the

Company”. Upon request the Owners

shall provide a copy of the relevant

International Ship Security Certificate

(or the Interim International Ship

Security Certificate) to the Charterers.

The Owners shall provide the

Charterers with the full style contact

details of the Company Security Officer

(CSO).

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(ii) Except as otherwise provided in this Charter

Party, loss, damage, expense or delay,

excluding consequential loss, caused by

failure on the part of the Owners or ”the

Company” to comply with the requirements

of the ISPS Code or this Clause shall be for

the Owners’ account.

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(b)(i) The Charterers shall provide the

CSO and the Ship Security Officer

(SSO)/Master with their full style contact

details and, where sub-letting is

permitted under the terms of this

Charter Party, shall ensure that the

contact details of all sub-charterers are

likewise provided to the CSO and the

SSO/Master. Furthermore, the Charterers

shall ensure that all sub-charter parties

they enter into during the period of this

Charter Party contain the following

provision:

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”The Charterers shall provide the

Owners with their full style contact

details and, where sub-letting is

permitted under the terms of the charter

party, shall ensure that the contact

details of all sub-charterers are likewise

provided to the Owners”.

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(ii) Except as otherwise provided in this

Charter Party, loss, damage, expense or

delay, excluding consequential loss,

caused by failure on the part of the

Charterers to comply with this Clause

shall be for the Charterers’ account.

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(c) Notwithstanding anything else contained

in this Charter Party all delay, costs or

expenses whatsoever arising out of or

related to security regulations or

measures required by the port facility or

any relevant authority in accordance with

the ISPS Code including, but not limited

to, security guards, launch services, tug

escorts, port security fees or taxes and

inspections, shall be for the Charterers’

account, unless such costs or expenses

result solely from the Owners’ negligence.

All measures required by the Owners to

comply with the Ship Security Plan shall

be for the Owners’ account.

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(d) If either party makes any payment which

is for the other party’s account according

to this Clause, the other party shall

indemnify the paying part.

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2. Redervennlig tilleggsklausul2. Redervennlig tilleggsklausul

”Charterers guarantee that the ports to

which they direct the vessel comply at all

times while the vessel is at the port with all

requirements of the ISPS Code. Owners are

entitled to refuse to proceed to a port not

complying with the ISPS-Code. All costs and

consequences arising from or in connection

with calls at ports not complying with the

ISPS Code to be for charterers’ account.”

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1. Intertankos “Security Measure Clause”

1. Intertankos “Security Measure Clause”

IVIV ISPS klausuler for ISPS klausuler for reisecertepartierreisecertepartier

2. BIMCOs ISPS-klausul2. BIMCOs ISPS-klausul

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1. Maritime Transportation Security Act (MTSA)

1. Maritime Transportation Security Act (MTSA)

VV USAUSA

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2. Sikkerhetsplaner (Maritime Transportation Security Plans)

2. Sikkerhetsplaner (Maritime Transportation Security Plans)

a) Skipene og havnene (facilities) må utarbeide sikkerhetsplaner, som:

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• are consistent with the National and Area Plans

• identify a Qualified Individual with full authority to implement security actions

• deter, to the maximum extent practicable, a transportaton security incident using contract security measures

• describe training and drills

• include provisions for maintaining physical and personnel security

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b) Skipene og havnene (facilities) må også utarbeide “response”-planer.

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3. Sikkerhetskort, (Transportation Security Cards), visum og sikkerhetsvakter

3. Sikkerhetskort, (Transportation Security Cards), visum og sikkerhetsvakter

4. Sikkerhetstiltak i utenlandske havner (Foreign Port Assessments)

4. Sikkerhetstiltak i utenlandske havner (Foreign Port Assessments)

5. Automatic Identification Systems

5. Automatic Identification Systems

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6. Internasjonale intermodule transporter

6. Internasjonale intermodule transporter

7. Innsendelse av informasjon til tollmyndighetene og immigrasjons-myndighetene

7. Innsendelse av informasjon til tollmyndighetene og immigrasjons-myndighetene

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1. Reisecertepartier1. Reisecertepartier

VIVI Spesielle USA Spesielle USA klausulerklausuler

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a) BIMCO U.S. Security Clause for Voyage Chartering:

If the Vessel calls in the United States, including any U.S. territory, the following provisions shall apply with respect to any applicable security regulations or measures:

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Reporting

The Vessel or its agents shall report and send all notices as required to obtain entry and exit clearances from the relevant U.S. authorities. Any delay caused by the failure to so report shall be for the Owners´ account, unless such failure to report is caused by or attributable to the Charterers or their representatives or agents including but not limited to the shipper and/or receiver of the cargo.

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Clearances

Unless caused by the Owners' negligence, any delay suffered or time lost in obtaining the entry and exit clearances from the relevant U.S. authorities shall count as laytime or time on demurrage.

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Expenses

Any expenses or additional fees relating to the cargo, even if levied against the Vessel, that arise out of security measures imposed at the loading and/or discharging port and/or any other port to which the Charterers order the Vessel, shall be for the Charterers' account.

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Notice of Readiness

Notwithstanding anything to the contrary contained in this Charter Party, the Vessel shall be entitled to tender Notice of Readiness whether cleared for entry or not by any relevant U.S. authority.

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b) Nordisk Skibsrederforenings klausul:

U.S. SECURITY MEASURES

If the Vessel is required to call in the United States, the following provisions shall apply:

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(a) Notice of Readiness.

At the end of the Vessel's sea passage at each place or port of loading or discharge, or upon arrival at any customary waiting place or any other place she is ordered to wait, the Vessel shall be entitled to tender Notice of Readiness whether anchored or not, whether in port or not, whether inspected and/or cleared for entry or not.

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(b) Reporting Requirements.

The Vessel or its agent shall report and send all notices as required to obtain entry clearances from the relevant U.S. authorities. Any delay caused by the Owner's failure to so report the Vessel for such clearances shall be for Owner's account.

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(c) Delays or Time Lost.

Otherwise, notwithstanding anything to the contrary in this charter, any delay or time whatsoever lost, whether directly or indirectly (including consequential delays), used or spent in inspecting the Vessel and/or obtaining the required security clearances from the U.S. authorities to permit the Vessel to berth or depart shall count as laytime or time on demurrage.

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(d) Expenses

If any expenses or additional fees are incurred at the port related to security measures or obtaining entry/departure clearances, same to be for Charterer's account. Such expenses shall include, but not be limited to, security guards, a launch to the vessel, tug escorts, port security fees and costs of inspection, if any.

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(e) Pro ration

If more than one cargo is to be loaded or discharged at the same berth in a U.S. port, any time lost in berthing (until all fast at berth, finished mooring at sea buoy or anchored at designated place for loading/discharging) or departing from berth, or any expense or cost incurred, related to security measures or obtaining entry clearances shall be prorated on the basis of the Charterers' cargo quantity to

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be loaded in relation to the total quantity of cargo to be loaded (or where Charterers' cargo to be discharged in relation to total quantity to be discharged) at the same berth, provided that a cargo shall not participate in any pro ration of time lost before a Notice of Readiness has been tendered therefore, and further provided that if the cause of a particular delay or cost is attributable to Charterers or their cargo, time to count in full, and the total expense to be for their account.

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2. Tidscertepartier2. Tidscertepartier

Notwithstanding any other provision in this charter to the contrary, the Vessel shall remain on hire during any and all delays, direct or indirect, caused by U.S. security measures, including required inspections or entry/departure clearances.

a) Nordisk Skibsrederforenings klausul:

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b) BIMCO U.S. Security Clause for Time Chartering:

If the Vessel calls in the United States, including any U.S. territory, the following provisions shall apply with respect to any applicable security regulations or measures:

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Notwithstanding anything else contained in this Charter Party, all costs or expenses arising out of or related to security regulations or measures required by any U.S. authority including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for the Charterers' account, unless such costs or expenses result solely from the Owners' negligence.

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3. “24 Hours Rule” klausul3. “24 Hours Rule” klausula) Bimco U.S. Customs 24

Hours Rule Clause for Voyage Charter Parties:

a) If loading cargo destined for the U.S. or passing through U.S. ports in transit, the Charterers shall:

i. Provide all necessary information, upon request by the Owners, to the Owners and/or their agents to enable them to submit a timely and accurate cargo declaration directly to the U.S. Customs; or

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ii. If permitted by U.S. Customs Regulations (19 CFR 4.7) or any subsequent amendments thereto, submit a cargo declaration directly to the U.S. Customs and provide the Owners with a copy thereof.

In all circumstances, the cargo declaration must be submitted to the U.S. Customs latest 24 hours in advance of loading.

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b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any loss and/or damage whatsoever (including consequential loss and/or damage) and any expenses, fines, penalties and all other claims of whatsoever nature, including but not limited to legal costs, arising from the Charterers' failure to comply with the provisions of sub-clause (a).

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c) If the Vessel is detained, attached, seized or arrested as a result of the Charterers' failure to comply with the provisions of sub-clause (a), the Charterers shall provide a bond or other security to ensure the prompt release of the Vessel. All time used or lost until the Vessel is free to leave any port of call shall count as laytime or, if the Vessel is already on demurrage, time on demurrage.

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b) Bimco U.S. Customs 24 Hours Rule Clause for Time Charter Parties:

a) If loading cargo destined for the U.S. or passing through U.S. ports in transit, the Charterers shall:

i. Provide all necessary information, upon request by the Owners, to the Owners and/or their agents to enable them to submit a timely and accurate cargo declaration directly to the U.S. Customs; or

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ii. If permitted by U.S. Customs Regulations (19 CFR 4.7) or any subsequent amendments thereto, submit a cargo declaration directly to the U.S. Customs and provide the Owners with a copy thereof.

In all circumstances, the cargo declaration must be submitted to the U.S. Customs latest 24 hours in advance of loading.

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b) The Charterers assume liability for and shall indemnify, defend and hold harmless the Owners against any loss and/or damage whatsoever (including consequential loss and/or damage) and any expenses, fines, penalties and all other claims of whatsoever nature, including but not limited to legal costs, arising from the Charterers' failure to comply with the provisions of sub-clause (a).

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c) If the Vessel is detained, attached, seized or arrested as a result of the Charterers' failure to comply with the provisions of sub-clause (a), the Charterers shall provide a bond or other security to ensure the prompt release of the Vessel. Notwithstanding any other provision in this Charter Party to the contrary, the Vessel shall remain on hire.

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4. “U.S. Customs – Trade Partnership against Terrorism” klausul

4. “U.S. Customs – Trade Partnership against Terrorism” klausul

BIMCO's U.S. Customs-Trade Partnership Against Terrorism (C-TPAT) Clause:

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The Charterers have voluntarily signed the C-TPAT Agreement with the U.S. Customs Service.

The Owners, Master and Crew will use reasonable efforts to assist the Charterers to comply with their obligations under the C-TPAT Agreement. However, under no circumstances shall the Owners, Master and Crew be liable for any delays, losses or damages howsoever arising out of any failure to meet the requirements of the C-TPAT Agreement signed by the Charterers.

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The Charterers agree to indemnify and hold the Owners, Master and Crew harmless for any claims made against the Owners, Master and Crew or for any delays, losses, damages, expenses or penalties suffered by the Owners arising out of the C-TPAT Agreement signed by the Charterers.

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5. AVSLUTNING5. AVSLUTNING