ISPS compliance: owners must now prepare for the unforeseen.

(From Lloyds List)

Byline: The maritime industry is well aware of the commercial necessity of meeting the deadline but there are several legal implications that need consideration, write Faz Peermohamed and Graham Crane

THOSE following the efforts of the maritime industry to prepare for the introduction of the International Ship and Port Facility Security Code will only be too aware that much still needs to be done if deadlines are not to be missed.

While many sections of the industry are now (belatedly) realising the commercial necessity of compliance, how many have considered the numerous legal implications? There can be little doubt that the ISPS Code is the largest piece of legislation to affect shipping since ISM. Under ISPS however, owners are likely to find themselves more vulnerable to external influences that may not be under their control.

The inherent uncertainty of world security not only makes it difficult to predict how the code will be enforced but underlines the importance of understanding, not just complying with, the code.

There are several legal considerations:

(i) More inspections, more delays, more costs

What can be predicted, however, is that owners will soon find themselves …