"CSO" or "company security officer"
has the meaning given by item 5;
"maritime transport security incident"
any unlawful interference, or threatened unlawful interference, with maritime transport;
"PFSO" or "port facility security officer"
has the meaning given by item 3;
"IPSO" or "port security officer"
has the meaning given by item 2;
"PSPSO" or "port service provider security officer"
has the meaning given by item 4;
"security plan audit"
means an examination of security measures or procedures to determine if a maritime security plan or a ship security plan has been implemented correctly;
"security plan review"
means an evaluation of security measures or procedures to determine if a maritime security plan or a ship security plan is effective and adequate;
"shore-based personnel"
in relation to a South African regulated ship, means persons (other than crew) employed by the ship operator for the ship;
"SSO" or "ship security officer"
has the meaning given by item 6.
2. Port security officers
| (1) | Before requesting the Director-General to approve a maritime security plan, a port operator for a security regulated port must designate, in writing, a person as security officer (port security officer or PSO ). |
| (2) | A PSO may be designated by name or by reference to a position. |
| (3) | The duties and responsibilities of a PSO include— |
| (a) | conducting an initial security survey of the port and facilitating the completion of the security assessment for the port operator's maritime security plan; |
| (b) | ensuring the development, submission and maintenance of the maritime security plan for the port operator; |
| (c) | implementing the maritime security plan; |
| (d) | undertaking regular security inspections of the port to ensure the effectiveness and adequacy of security measures; |
| (e) | facilitating security plan reviews; |
| (f) | recommending and incorporating modifications to the maritime security plan in order to— |
| (i) | correct deficiencies in the plan; or |
| (ii) | update the plan to take into account changes to the port; |
| (g) | enhancing security awareness and vigilance of port personnel, including conducting drills and exercises; |
| (h) | ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to such personnel; |
| (i) | reporting to the relevant authorities, and maintaining records of, occurrences that threaten the security of the port; |
| (j) | liaising with ship, port service provider and port facility security officers; |
| (k) | coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; |
| (l) | ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; |
| (m) | when requested by an SSO, assisting in confirming the identity of persons intending to board a ship; |
| (n) | providing advice to the Authority and the Director-General on the operational and safety aspects of the implementation of security and control directions; and |
| (o) | communicating and coordinating the implementation of security and control directions. |
| (4) | A port operator must ensure that a PSO— |
| (a) | has the knowledge and ability to perform the duties of a PSO; |
| (b) | is given the training set out in the maritime security plan for the port operator, |
| (c) | is a suitable person to access and handle security information; and |
| (d) | has the authority to act on instructions received from the Director-General. |
| 3. | Port facility security officers |
| (1) | Before requesting the Director-General to approve a maritime security plan, a port facility operator must designate, in writing, a person as security officer (port facility security officer or PFSO ) for the port facility. |
| (2) | A PFSO may be designated by name or by reference to a position. |
| (3) | The duties and responsibilities of a PFSO include— |
| (a) | ensuring the development, submission, implementation, revision and maintenance of the maritime security plan for the port facility operator; |
| (b) | liaising with ship, company, port, port service provider and other port facility security officers; |
| (i) | the duties and responsibilities in section 17.2 of Part A of the ISPS Code; and |
| (ii) | any additional duties and responsibilities set out in the maritime security plan. |
| (4) | A port facility operator must ensure that a PFSOC— |
| (a) | has the knowledge and ability to perform the duties of a PFSO; |
| (b) | is given the training set out in the maritime security plan for the port facility operator, |
| (c) | is a suitable person to access and handle security information; and |
| (d) | has the authority to act on instructions received from the Director-General. |
| 4. | Port service provider security officers |
| (1) | Before requesting the Director-General to approve a maritime security plan, a port service provider must designate, in writing, a person as security officer (port service provider security officer or PSFSO). |
| (2) | A PSPSO may be designated by name or by reference to a position. |
| (3) | The duties and responsibilities of a PSPSO include— |
| (a) | conducting an initial security survey of the activities of the port service provider and facilitating the completion of the security assessment for the provider's maritime security plan; |
| (b) | ensuring the development and maintenance of the maritime security plan for the port service provider; |
| (c) | implementing the maritime security plan; |
| (d) | undertaking regular security inspections of the area under the control of the port service provider to ensure the effectiveness and adequacy of security measures; |
| (e) | recommending and incorporating modifications to the maritime security plan in order to— |
| (i) | correct deficiencies in the plan; or |
| (ii) | update the plan to take into account changes to the port service provider; |
| (f) | enhancing security awareness and vigilance of the port service provider's personnel; |
| (g) | ensuring that standards for personnel with, or who have been as igned, security duties and responsibilities are met and that adequate training is provided o such personnel; |
| (h) | reporting to the relevant authorities, and maintaining records of occurrences that threaten the security of the port service provider; |
| (i) | liaising with ship, port, port facility and other port service provider security officers; |
| (j) | coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; |
| (k) | ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and |
| (l) | when requested by an SSO, assisting in confirming the identity of persons intending to board a ship. |
| (4) | A port service provider must ensure that a PSPSO— |
| (a) | has the knowledge and ability to perform the duties of a PSPSO; |
| (b) | is given the training set out in the maritime security plan for the port service provider; |
| (c) | is a suitable person to access and handle security information; and |
| (d) | has the authority to act on instructions received from the Director-General. |
| 5. | Company security officers |
| (1) | Before requesting the Authority to approve a ship security plan, the ship operator for a South African regulated ship must designate, in writing, a person within the ship operator's organisation as security officer (company security officer or CSO) for the ship. |
| (2) | A CSO may be designated by name or by reference to a position. |
| (3) | The duties and responsibilities of a CSO include— |
| (a) | answering any questions about the ship security plan, and acting as contact officer, during the approval process; |
| (b) | implementing and maintaining the ship security plan for the ship; |
| (c) | liaising with the SSO for the ship and with port, port service provider and port facility security officers; and |
| (i) | the duties and responsibilities in section 11.2 of Part A of the ISPS Code; and |
| (ii) | any additional duties and responsibilities set out in the ship security plan. |
| (4) | The ship operator must ensure that a CSO— |
| (a) | has the knowledge and ability to perform the duties of a CSO; |
| (b) | is given the training set out in the ship security plan; |
| (c) | is a suitable person to access and handle security information; and |
| (d) | has the authority to act on instructions received from the Authority or Director-General. |
| (1) | The ship operator for a South African regulated ship must designate, in writing, the master, or another crew member, of the ship as security officer (ship security officer or SSO). |
| (2) | An SSO may be designated by name or by reference to a position. |
| (3) | The duties and responsibilities of an SSO include— |
| (a) | maintaining the ship security plan for the ship; |
| (b) | liaising with the CSO for the ship and with ship, port, port facility and port service provider security officers; and |
| (i) | the duties and responsibilities in section. 12.2 of Part A f the ISPS Code; and |
| (ii) | any additional duties and responsibilities set out in the slip security plan. |
| (4) | The ship operator must ensure that an SSO— |
| (a) | has the knowledge and ability to perform the duties of an SSO; |
| (b) | is given the training set out in the ship security plan; |
| (c) | is a suitable person to access and handle security information; and |
| (d) | has the authority to act on instructions received from the Authority, Director-General or ship operator. |
| (5) | An SSO who is not the master of the ship is accountable to the master of the ship. Delegation by security officers |
| 7. | Delegation by security officers |
| (1) | A PSO, PFSO, PSPSO, CSO or SSO may delegate, in writing, some or all of his or her powers (except this power of delegation), functions and duties. |
| (2) | A delegation under this item— |
| (a) | may only be made to a person who has the knowledge and ability to exercise or perform the powers, functions or duties to be delegated; and |
| (b) | must specify the delegate by name. |
| 8. | Shore-based personnel and crew |
The ship operator for a South African regulated ship must ensure that shore-based personnel and crew identified in the ship security plan as having security duties and responsibilities—
| (a) | have the knowledge and ability to perform their security-related duties and responsibilities; and |
| (b) | are given the training set out in the plan. |
| 9. | Declarations of security |
| (1) | A declaration of security must be signed and dated by the master of, or SSO for, the ship and— |
| (a) | if the other party to the agreement is also a ship, the master of, or SSO for, that other ship; or |
| (b) | if the other party to the agreement is a port operator, the PSO; or |
| (c) | if the other party to the agreement is a port facility operator, the PFSO; or |
| (d) | if the other party to the agreement is a port service provider, the PSPSO. |
| (2) | A declaration of security must set out— |
| (a) | contact details for the parties and signatories to the agreement; |
| (b) | the period for which the declaration is valid; and |
| (c) | the maritime security level in force for each party. |
| (3) | A copy of the declaration of security must be kept by a party to the agreement for a period of 7 years beginning on the day after the declaration ceases to be valid. |
| 10. | Security plan audits and reviews |
| (1) | A security plan audit or review must be conducted in accordance with the schedule, requirements and procedures set out in the maritime or ship security plan. |
| (2) | A security plan review must be conducted as soon as practicable after a maritime transport security incident. |
| (3) | The records of each security plan audit or review must be kept for a period of 7 years beginning on the day after the audit or review is concluded. |
