International Vessel Security Rules of the People's Republic of China (2019 Revision)

International Vessel Security Rules of the People's Republic of China (2019 Revision) International Vessel Security Rules of the People's Republic of China (Issued by the Ministry of Communications on March 26, 2007 and revised according to the Decision of the Ministry of Transport for Revising the International Vessel Security Rules of the People's Republic of China on June 3, 2019) Chapter I General Provisions Article 1 For the purpose of strengthening the security management of vessels sailing on international routes, these Rules are developed in accordance with the revised International Convention on the Safety of Life at Sea 1974 (hereinafter referred to as the “SOLAS Convention”) and the International Vessel and Port Facility Security Code (hereinafter referred to as the “ISPS Code”). Article 2 These Rules shall apply to the following Chinese vessels sailing on international routes, Chinese companies engaged in international shipping and foreign vessels entering sea areas under the jurisdiction of China: (1) passenger vessels; (2) cargo vessels with a gross tonnage of 500 or more; (3) special-purpose vessels with a gross tonnage of 500 or more; and (4) mobile offshore drilling rigs. Vessels to which these Rules are applicable are hereinafter referred to as vessels. These Rules shall not be applicable to military vessels or vessels that are only used for government affairs. Article 3 The Ministry of Transport (“MOT”) shall be in charge of the security work of vessels across China. The Maritime Safety Administration of the People's Republic of China (“MSA”) shall be responsible for the specific implementation of the duties of the competent vessel security authorities of the governments of the contracting parties prescribed in the SOLAS Convention and the ISPS Code. The maritime safety administrations formed by the MOT in coastal areas shall, according to these Rules, specifically perform the following functions: (1) being responsible for managing the training of security officers of vessels and security officers of companies, and issuing corresponding training qualifications to trainees having received prescribed vessel security trainings and passed the examinations; (2) receiving the marine security information on vessels and taking corresponding actions under the prescribed procedures within the statutory duties; (3) providing corresponding security information for vessels having entered China's territorial waters or having reported intention of entering China's territorial waters, notifying the relevant departments of the security information, and taking corresponding actions according to their statutory duties; (4) implementing vessel security supervision and management, examining the Continuous Vessel Synopsis Record, the International Vessel Security Certificate, the Temporary International Vessel Security Certificate, security alarm devices, security exercises and other vessel security matters prescribed in these Rules, and examining the validity of the Security Plan for Vessels approved and amendments thereto; (5) supervising and administrating security officers of vessels and security officers of companies; and (6) performing other vessel security duties as prescribed by the MSA. Vessel survey institutions shall specifically perform the following duties as authorized by the MSA according to the relevant provisions of these Rules: (1) conducting technical examination of the Vessel Security Plan; and (2) issuing the International Vessel Security Certificate and the Temporary International Vessel Security Certificate. Article 4 The following terms shall mean as follows when they are used in these Rules: (1) “Special-purpose vessels” means mechanical self-propelled vessels carrying not less than 12 special persons (including passengers) according to the needs of the vessel functions, including the following types: (a) vessels engaged in scientific research, investigation and measurement; (b) vessels used for offshore personnel trainings; (c) whale vessels and fish processing vessels not engaged in fishing; (d) other marine biological resources processing vessels not engaged in fishing; and (e) other vessels with design features and operating types similar to those of vessels in items (1) to (4). (2) “Vessel-port interface activities” means interactive activities between vessels and ports at the times of exchange and contact of persons, loading and unloading of goods or receiving port services. (3) “Vessel-to-vessel activities” means acts that transfer articles or personnel from one vessel to another and that are irrelevant to the port facilities. (4) “Security incidents” means all suspicious acts or circumstances that threaten the safety of vessels, port facilities, vessel-port interface activities, and vessel-to-vessel activities. (5) “Security contact points” means contact points announced by the MOT and established in all marine safety administrations directly under the MOT. Vessels and companies may, through contact points, request suggestion or assistance from the maritime safety administrations on vessel security matters, and report other security problems concerning vessels, trends or communications thereto. (6) “Security level” means the classification of levels of risks that may cause security incidents or risks of security incidents. (7) “Security statement” means written agreements between vessels and port facilities where they carry out activities or other vessels, specifying the respective security measures. (8) “Security plan for vessels” means a plan developed for ensuring that measures are taken on board to protect persons, cargo, cargo transport units, vessel stores or vessels from the threat of security incidents. (9) “Security officers of vessels” means crew members designated by companies to assume the duties for vessel security. Security officers shall be responsible to captains and their duties include implementing and maintaining the Security Plan for Vessels and contacting with security officers of companies and security officers for port facilities. (10) “Security officers of companies” means personnel designated by companies to be responsible for carrying out vessel security assessment, developing and reporting the Security Plan for Vessels, implementing and maintaining the Security Plan for Vessels approved, and contacting with security officers for port facilities and security officers of vessels. (11) “Security officers for port facilities” means persons designated to be responsible for the development, implementation, revision and maintenance of Security Plan for Port Facilities and contacting with security officers of vessels and security officers of companies. (12) “Companies” means shipping enterprises undertaking the responsibilities and obligations of safety and pollution prevention management, including vessel owners, operators, managers and bareboat lessees. Chapter II Vessel Security Level Article 5 The security levels of port facilities are divided into three levels from low to high, respectively security level 1, security level 2 and security level 3. Security level 1 means the level at which minimum preventive security measures shall always be maintained. Security level 2 means the level at which appropriate additional protective security measures shall be maintained for a period of time due to the increased risk of security incidents. Security level 3 means the level at which further special protective security measures shall be maintained for a limited period of time when a security incident may occur or may soon occur (although it may not yet be possible to determine a specific objective). Article 6 The MSA shall determine and adjust the vessel 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. For the purpose of the preceding paragraph, threat information includes, but is not limited to, the information threatening the following objects: state security, public security, public health, public environment, public resources, maritime communications security, security of important facilities, and social security, among others. Article 7 Vessel security levels shall be issued by the MOT. When issuing vessel security levels, the MOT may, as the case may be, issue appropriate instructions and provide security information on vessels that may be affected. Chapter III Safety Requirements for Vessels and Companies Section 1 General Provisions Article 8 Vessels shall, according to the requirements of the SOLAS Convention and the provisions of the MSA, be equipped with automatic vessel identification systems (AIS) and Continuous Vessel Synopsis Records, install vessel security alarm systems, and label permanent vessel identification numbers. Article 9 A company shall perform the following duties: (1) It shall be responsible for assessing the security of vessels owned by it. (2) It shall be responsible for developing the Security Plan for Vessels and subsequently revising the approved plans. (3) It shall implement the approved Security Plan for Vessels. (4) It shall take appropriate measures to avoid disclosure of the vessel security assessment or the Security Plan for Vessels or relevant sensitive or confidential security materials. (5) It shall appoint one or several persons as security officers of the company, determine the vessels to be in the charge of each person, and ensure that they can maintain 24-hour contact with vessels, security officers for port facilities, and the maritime safety administration. (6) It shall provide a list of the latest security officers of the company, their 24-hour contact information and other materials for the maritime safety administrations at the places of ports of registry. (7) It shall designate a person suitable for performing vessel security duties for each vessel as the security officer for vessel. (8) It shall provide necessary conditions for the performance of duties by security officers of vessels, security officers of the company and captains. (9) It shall grant captains the decision-making power for vessel security and requesting assistance from the company or the maritime safety administration, if necessary. (10) It shall take corresponding security measures according to the determined security level. (11) It shall organize and participate in vessel security training, drills and exercises. (12) It shall collect the information on vessel security and report to the relevant departments. Article 10 Under the status of all security levels, vessels shall carry out work according to the approved Security Plans for Vessels. Upon discovery of a security threat, before a change in the security level of vessel is confirmed, security measures higher than the security level, including additional protective measures and special protective measures, may be adopted according to the approved security plan. Where the security level of a vessel is higher than that of the port that it intends to enter or where it is located, the vessel shall immediately notify the security contact points of the countries that it intends to enter or where it is located immediately. Where the security level of a vessel is lower than that of the port that it intends to enter or where it is located, the vessel shall, according to its Security Plan for Vessels, immediately upgrade its security level to that not lower than the security level of the port, and report to the security contact points of the country that it intends to enter or where it is located. Article 11 A decision made by a captain of a vessel for maintaining the safety or security of the vessel within the scope of duties shall not be restricted by the company or any other personnel, including rejecting the boarding of personnel (except those who are confirmed to have been officially authorized by the governments of the contracting countries to the SOLAS Convention and the ISPS Code) and their articles and the loading of their articles (including containers or other closed freight units). No matter the security level, a captain shall be ultimately responsible for the safety of the vessel all the time. Where there is a reason to believe that the implementation of a relevant instruction will endanger the safety of the vessel, the captain may request clarification or modification of the instruction. Article 12 Before a vessel enters a port of the People's Republic of China (“China”) and during the period that a vessel is in port, the captain and the security officers of the vessel shall perform the following obligations: (1) keeping abreast of the implementation of the SOLAS Convention and the ISPS Code by the port facilities at which the vessel intends to call; (2) contacting with the security contact points announced by the maritime safety administration of China to determine the appropriate vessel security level, and understand the changes in the vessel security level, if any; (3) contacting with the security officer of the port facilities planned to be called at to keep abreast of the security level of the port facilities and understand the changes in the security level of the relevant port facility; (4) where a security contact point determines that the vessel needs to upgrade its security level and issue an instruction, the captain and the security officers of the vessel shall confirm to the security contact point that they have received the instruction to change the security level and that they have started to implement the measures and procedures prescribed in the Vessel Security Plan; for any problems encountered in the implementation, they shall contact with the security officers for port facilities and coordinate with the appropriate actions; and (5) where a vessel needs to increase the security level according to the provisions of item (4) of this article or is of the security level higher than that of the port at which the vessel intends to call or where it is located, the captain and the security officers of the vessel shall immediately notify the situation of the maritime safety administration in the place where the port is located and the security officers for port facilities, and, if necessary, coordinate with the appropriate actions of the security officers for port facilities. Article 13 A vessel in the territory waters of the People's Republic of China (“China”) or intending to enter the territory waters of China shall, upon discovery of any information that may affect the maritime security of the area where it is located, immediately report to the riparian security contact point. Section 2 Vessel Sec......