GHANA MARITIME SECURITY ACT - 2004 (ACT 675)
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(1) This Act applies to
(a) the following types of ships on international voyages
(i) passenger ships, including high speed craft; and
(ii) cargo ships, including high speed craft of 500 gross tonnage or more;
(b) mobile offshore drilling units that are not located within Ghanaian waters;
(c) pleasure craft; and
(d) port facilities within the country that serve a ship or a mobile offshore drilling unit specified under paragraph (a), subject to sub-section (2).
(2) The Minister may
(a) after due consideration of a port facility security assessment, conducted in accordance with this Act; and
(b) having regard to the level of security required to be achieved under this Act;
extend by notice published in the Gazette the application of this Act to specified port facilities within the country which although used primarily by ships not engaged on international voyages, are required occasionally, to serve ships that arrive from or depart on an international voyage.
(3) This Act shall not apply to
(a) the following ships owned or operated by the Republic and used only for non-commercial activities,
(i) a warship, or
(ii) a ship designated for naval, military, customs or law enforcement purposes; or
(b) part of or the whole of a port that is
(i) protected with security, and
(ii) under the exclusive control of the Ghana Armed Forces.
(4) The provisions of Part B of the Code shall be read as one with this Act, and shall apply subject to such modification as may be necessary to give effect to this Act.
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For purposes of this Act, the Ghana Maritime Authority established under section 1 of the Ghana Maritime Authority Act, 2002 (Act 630), shall perform the additional functions specified under this Part.
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(1) The Authority shall for the purposes of this Act give effect to Chapter XI-2 of the Convention and ensure the effective implementation of the provisions of the Code to enhance maritime security.
(2) For the purposes of subsection (1), the Authority shall
(a) ensure that with respect to each port facility within Ghana,
(i) each port facility security assessment is conducted, approved and reviewed in accordance with subsection (5) of section 49;
(ii) each port facility security plan is developed, implemented and maintained in accordance with section 52;
(ii) each port facility security plan is approved in accordance with section 55;
(b) ensure that with respect to Ghanaian ships
(i) each ship security assessment is conducted, reviewed and approved in accordance with sections 24 and 25;
(ii) each ship security plan is developed, implemented and maintained in accordance with sections 15 (1) and 18;
(iii) each ship security plan is approved in accordance with section 19;
(c) ensure that the appropriate security levels for
(i) port facilities within Ghana;
(ii) a Ghanaian ship or any other ship that uses port facilities within Ghana; and
(iii) ships that conduct ship-to-ship activities in Ghanaian waters, are applied;
(d) specify and communicate the measures that must be addressed for each security level in a port facility security plan or a ship security plan;
(e) determine a Declaration of Security under subsection (2) of section 9 and the requirements for it
(f) conduct the necessary verification process for the issuance of certificates under Sub-Part III of Part IV,
(g) issue continuous synopsis records; and
(h) provide and approve training courses, for purposes of implementation of the Convention or the Code.
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(1) The Authority may, after consultation with the appropriate Ministry, Government department or agency and with the approval of the Minister, delegate any of its security related functions under this Act by directives in writing to a recognised security organisation with the exception of the following functions:
(a) the setting of applicable security levels;
(b) ensuring the conduct and approval of a port facility security assessment and subsequent amendments to an approved assessment subject to paragraph (c) of section 6;
(c) determining which port facilities within the country shall be required to
(i) designate a port facility security officer, and
(ii) prepare a port facility security plan;
(d) ensuring the approval of a port facility security plan or any subsequent amendments to an approved plan;
(e) exercising control and compliance measures; and
(f) establishing the requirements for a Declaration of Security.
(2) A delegation under subsection (1), shall
(a) be in writing,
(b) indicate the specified period for the delegation of the functions, and
(c) require the prior written consent of the Minister.
(3) Where the Authority delegates its security related function under subsection (1),
(a) the delegation shall not affect or prevent the exercise of the function by the Authority;
(b) the Authority may after written notice to the recognised security Organisation withdraw the delegation;
(c) the Authority shall not be relieved from ultimate responsibility, for the discharge of the delegated function; and
(d) the delegation subject to paragraph (a), is to be exercised only by the recognised security Organisation responsible for that delegated function.
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(1) The Authority shall in accordance with Part B of the Code set three separate ascendant levels of security namely, security levels 1, 2 and 3 for every Ghanaian ship and every port or port facility within the country.
(2) Where it is necessary to reduce the risk of a security incident, the Authority may vary the levels of security set under subsection (1).
(3) The Authority shall periodically review and update when necessary any security level it may determine.
(4) The Authority shall, in setting the appropriate security levels, take into account the following factors:
(a) the degree at which threat information should be taken as credible;
(b) the degree at which threat information requires to be corroborated;
(c) the degree at which threat information should be taken as specific or imminent; and
(d) the potential consequences of such a security incident.
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(1) Where the Authority sets any of the security levels, it shall duly provide information related to the set security level to
(a) every Ghanaian ship;
(b) every port facility within the country; and
(c) any other ship or port facility that may be affected by the setting of the security level.
(2) Where the Authority updates information related to a set security level under section 7, it shall relay any security related information to the ships and port facilities specified under paragraphs (a) to (c) of subsection (1).
(3) Where the Authority sets security level 3, it shall issue appropriate instructions to the ships and port facilities specified under paragraphs (a) to (c) of subsection (1).
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(1) The Minister may, after assessing the risk of ship-port interface and ship-to-ship activity, determine when a Declaration of Security is required.
(2) The Minister shall publish in the Gazette a notice of Declaration of Security in respect of a specified port or place.
(3) A port to which a Declaration of Security under subsection (2) applies, shall be a security regulated port.
(4) Despite subsection (3), any area that is under the exclusive control of the Ghana Armed Forces shall not be considered as part of a security regulated port.
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The Gazette notice of a Declaration of Security under subsection (2) of section 9 shall,
(a) contain a map of the port that indicates the boundaries of the security regulated port;
(b) specify the security requirements to be shared between
(i) a port facility and a ship; or
(ii) ships;
and indicate the respective responsibilities; and
(c) specify the minimum period for which the Declaration of Security is to be kept in force by
(i) a port facility, and
(ii) a Ghanaian ship.
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(1) A request for the completion or modification of a Declaration of Security may be lodged in writing by
(a) the master of a ship,
(b) the ship security officer designated under section 44;
(c) the port facility security officer designated under section 57; or
(d) any other person the Minister determines
with the master or ship security officer of any other ship as the case may be.
(2) A request for the completion or modification of a Declaration of Security, shall be acknowledged in writing by the respective port facility or master of the ship.
(3) A request for the completion of a Declaration of Security under subsection (1) may be made where
(a) the ship is operating at a higher security level than the port facility or any other ship it is interfacing with;
(b) there is an agreement on a Declaration of Security between the Republic and a flag state covering certain international voyages or specific ships on those voyages;
(c) there has been a security threat or a security incident involving the port facility;
(d) the ship is at a port which is not required to have and implement an approved port facility security plan; or
(e) the ship is conducting ship-to-ship activities with any other ship not required to have and implement an approved ship security plan.
(4) A port facility security officer may in circumstances specified under paragraph (a) of subsection (3) request in the form specified in Schedule I, for a Declaration of Security and lodge that request with the master of a ship or the ship security officer for the completion or modification of a Declaration of Security.
(5) The master of a ship or a ship security officer may in circumstances specified under paragraphs (d) and (e) of subsection (3), lodge a written request in the form specified in Schedule I with the master, for the completion or modification of a Declaration of Security.
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(1) Where Ghana enters into an alternative security agreement with a flag state in accordance with the Convention, the Director-General of the Authority shall supervise security arrangements for the respective ship or port facility covered by that agreement.
(2) The master of a ship covered by an alternative security agreement may not conduct any ship-to-ship activity with a ship that is not covered by the same agreement unless the ship-to-ship activity is part of a search and rescue operation.
(3) The Director-General shall review each alternative security agreement
(a) periodically
(i) at an interval specified in writing by the Authority; or
(ii) at an interval specified by the alternative security agreement, under review, in the absence of a specified interval under paragraph (i); or
(b) every 5 years.
(4) The Director-General shall in reviewing an alternative agreement under subsection (3) consider the following:
(a) any experiences arising out of the agreement;
(b) any change in the particular circumstances of a ship, port facility or route covered by the agreement; and
(c) any change in the assessed threats to the security of a ship, port facility, or route covered by the agreement.
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(1) The Minister may authorise a Ghanaian ship or a group of Ghanaian ships to implement other security measures equivalent to security measures prescribed under
(a) Chapter XI-2 of the Annex to the Convention; or
(b) Part A of the Code,
provided that the security measures under paragraphs (a) and (b) are as effective as security measures required for a ship under this Act.
(2) Subject to subsection (4), the Minister may authorise the port facility security officer of a port facility or group of port facilities within the territorial limits of Ghana to implement other security measures equivalent to security measures prescribed under
(a) Chapter XI-2 of the Annex to the Convention; or
(b) Part A of the Code,
provided that the security measures specified under paragraphs (a) and (b) are as effective as security measures required for a port facility under this Act.
(3) Where the Minister authorises equivalent security arrangements under subsections (1) and (2), the Director-General shall as soon as practicable report details of those arrangements to the International Maritime Organisation.
(4) Subsection (2) does not apply to a port facility covered by an alternative agreement under this Act.
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(1) The master and company of a Ghanaian ship shall ensure that a written approval of a ship security plan is kept on board the ship and protected from unauthorised access or disclosure.
(2) Where the plan is kept in an electronic format it shall be protected in such a manner as to prevent its unauthorised deletion, destruction or amendment.
(3) Any person who without authorisation discloses a ship security plan or gives access to a ship security plan contrary to subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units and not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.
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(1) An application for the approval of
(a) a ship security plan; or
(b) an amended ship security plan
shall be made in writing to the Director-General in such form as may be determined by the Authority.
(2) An application under subsection (1), shall be accompanied with,
(a) such fee as the Authority shall determine; and
(b) a security assessment for the respective ship, on the basis of which the plan or amendments have been formulated.
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(1) A ship security plan shall provide for
(a) the three security levels required under this Act including details of measures to be undertaken or implemented in connection with the security levels; and
(b) the application of a Declaration of Security.
(2) A ship security plan shall include the following details
(a) the measures designed to prevent weapons, dangerous substances and devices intended for use against persons, ships, or ports and the carriage of which is not authorised from being taken on board the ship;
(b) identification of the restricted areas and measures for the prevention of unauthorised access to the ship;
(c) the measures for the prevention of unauthorised access to the ship;
(d) the procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations for the ship-to-ship or ship-port interface;
(e) the procedures for responding to any security directives issued by the Director-General in respect of security level 3;
(f) the procedures for evacuation in case of security threats or breaches of security;
(g) the duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects;
(h) the procedures for auditing the security activities;
(i) the procedures for training, drills and exercises associated with the plan;
(j) the procedures for interfacing with port facility security activities;
(k) the procedures for the periodic review and updating of the plan;
(l) the procedures for reporting security incidents;
(m) identification of the company security officer designated under section 43 including 24 hour contact details;
(n) identification of the ship security officer designated under section 44;
(o) the procedures to ensure the inspection, testing, calibration and, maintenance of any security equipment provided on board;
(p) the frequency for testing or calibration of any security equipment provided on board;
(q) identification of the locations where the ship security alert system activation points are provided; and
(r) the procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting to limit false alerts.
(3) For purposes of ensuring confidentiality of the ship security plan,
(a) the Authority may give its approval for information under paragraphs (l), (q) and (r) of subsection (2) to be kept in a document on board the ship; and
(b) knowledge of the location of the information specified under paragraph (a), shall be limited to the master, ship security officer and any other senior shipboard personnel determined by the company of the ship.
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(1) A ship security plan shall not be put into effect without the requisite written approval of the Director-General.
(2) The Director-General shall give the company of a ship, written notice of approval if the Director-General is satisfied that a ship security plan addresses the relevant requirements under section 18.
(3) Where the Director-General is not satisfied that the plan addresses the relevant requirements under section 18, the Director-General may
(a) refuse to approve the plan; and
(b) give the company of a ship, written notice of the refusal with reasons for the refusal.
(4) The Director-General shall consider the existing circumstances that relate to ship and port security in determining whether the plan adequately addresses the relevant requirements under this Act.
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(1) An amendment to a ship security plan that has been approved of under subsection (2) of section 19, shall
(a) be as effective as the measures prescribed under Chapter XI-2 of the Annex to the Convention and Part A of the Code; and
(b) not be implemented without the written approval of the Director-General.
(2) Subject to subsection (3), the master or company of a Ghanaian ship, shall ensure that written approval of an amended ship security plan is
(a) documented in a manner that indicates the approval;
(b) is kept on board the ship; and
(c) protected from unauthorised disclosure.
(3) Where written approval is given for
(a) a temporary amendment to an approved ship security plan; or
(b) a temporary change to any security equipment specified in an approved plan,
retention on board of the written approval for the temporary amendment or temporary change is not required if the originally approved measures or equipment are effectively implemented.
(4) Any person who without authorisation discloses an amended ship security plan or gives access to the amended plan, contrary to paragraph (c) of subsection (2), commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units and not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.
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(1) The master of a Ghanaian ship shall not put out the ship for an international voyage unless
(a) there is a ship security plan in force for the ship; and
(b) the ship is operated in accordance with the ship security plan in force for the ship.
(2) The company of a Ghanaian ship which falls to comply with subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding 5,000 penalty units and the ship shall be detained until the fine is paid.
(3) The master of a Ghanaian ship who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units or to a term of imprisonment not exceeding 2 years or to both.
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(1) For purposes of evaluating the security of a Ghanaian ship, a company of that ship shall ensure that a security assessment of the ship is carried out by a person with appropriate skills.
(2) The company of a Ghanaian ship may engage a recognised security Organisation to carry out the security assessment of that Ghanaian ship.
(3) A ship security assessment shall conform to any requirements prescribed by this Act and shall contain an on-scene security survey that includes the following details:
(a) identification of existing security measures, procedures, and operations
(b) identification and evaluation of key shipboard operations that are important to protect;
(c) identification of possible threats to the key shipboard operations and the likelihood of their occurrence; and
(d) identification of weaknesses including human factors in the infrastructure policies and procedures.
(4) The company shall ensure that each ship security assessment is
(a) reviewed and updated as soon as practicable in the event of major changes to the ship;
(b) periodically reviewed and updated, taking into account minor changes to the ship;
(c) retained by the company; and
(d) approved of in writing by the Director-General.
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(1) A Ghanaian ship shall have in place and in conformity with standards set by the Director-General,
(a) a ship security alert system;
(b) an automatic identification system;
(c) a continuous synopsis record and
(d) a permanently and conspicuously marked ship identification number.
(2) The company or master of a Ghanaian ship shall prior to the master taking responsibility of that ship, ensure that the ship has the required security alert system.
(3) Where a ship is being used for an international voyage or is operated without the necessary requirements specified under subsection (1),
(a) the company of that ship commits an offence and is liable on summary conviction to a fine not exceeding 5,000 penalty units,
(b) the master of that ship commits an offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units,
and the ship shall be detained until the fine is paid.
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(1) The Director-General may issue an International Ship Security Certificate for a period not exceeding 5 years where
(a) a substantive application for an International Ship Security Certificate for a Ghanaian ship has been made under section 28,
(b) a ship security plan for the ship is in force, and
(c) the initial or renewal verification in respect of the ship has been completed in accordance with sub-section (1) of section 29.
(2) The endorsement of the verification for the Certificate shall be as in the form specified in Schedule V.
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Where the Director-General issues an International Ship Security Certificate to the company of a Ghanaian ship, the International Ship Security Certificate comes into force from the date of issuance of that certificate until
(a) the Director-General cancels the certificate; or
(b) the expiration of 5 years from the date of issuance.
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(1) An International Ship Security Certificate issued under subsection (2) of section 30, shall cease to be valid where
(a) after inspection of the respective ship, the authorised person responsible for the inspection finds that within a period prescribed the ship does not yet meet the required standards;
(b) the certificate endorsed is not in compliance with subsection (2) of section 29;
(c) the company which assumes responsibility for the operation of the ship was not previously operated by that company; and
(d) the ship is transferred to any other flag State.
(2) Where a renewal verification is completed
(a) within three months before the expiry date of the existing certificate; or
(b) after the expiry date of the existing certificate,
the new certificate shall be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of expiry of the existing certificate.
(3) Where a renewal verification is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of completion of the renewal verification.
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(1) Subject to where an International Ship Security Certificate is issued for a period of less than 5 years, the Authority may after compliance with the applicable provisions of section 29, extend the validity of the certificate beyond the expiry date to the maximum period specified under subsection (1) of section 30.
(2) Where a renewal verification has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Authority or a recognised security Organisation may endorse the existing certificate as valid only for a further period not exceeding 5 months from the expiry date.
(3) Where a certificate expires at a time when the respective ship is not in the port in which it is to be verified, the authority may only extend the validity of the certificate
(a) for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified;
(b) when the exigency of the circumstances require the extension; or
(c) for a period not exceeding 3 months.
(4) The ship to which an extension under subsection (3) applies, shall not on arrival at the port in which it is to be verified, leave that port without the new certificate in respect of the extended validity.
(5) The new certificate in respect of an extended validity under subsection (3) shall be valid for a period not exceeding 5 years from the expiry date of the existing certificate before the grant of the extension.
(6) Where a certificate issued to a ship engaged on a short voyage has not been extended under subsections (1) to (3), the Authority may extend the validity of that certificate,
(a) for a period of up to one month; and
(b) to run for a period not exceeding 5 years from the date of expiry of the existing certificate before the granted extension.
(7) Where an intermediate verification is completed before the expiration period of 5 years specified under subsection (1) of section 30, the expiry date
(a) on the certificate shall be amended by endorsement to a date that is not more than 3 years later than the date on which the intermediate verification was completed; or
(b) may remain unchanged provided any additional verification is carried out and the duration between verifications does not exceed 5 years.
(8) An endorsement for the extension of the validity of an International Ship Security Certificate shall be as specified in the forms in Schedule VI.
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(1) The master and company of a ship shall ensure that the International Ship Security Certificate for that ship is kept on board the ship.
(2) Where a ship is in a port within the country, the Director-General may verify whether the certificate is on board that ship.
(3) The master of a ship in a port within the country, shall
(a) at the request of the Authority, produce its certificate, and
(b) co-operate with the Authority.
(4) Where the provisions of subsection (1) are contravened,
(a) the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units or to a term of imprisonment not exceeding 2 years or to both;
(b) the company of the ship commits an offence and is liable on summary conviction to a fine of not less than 5,000 penalty units and not exceeding 7,500 penalty units and the ship shall be detained until the fine is paid.
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(1) The master of a ship that intends to enter a port within the country shall prior to entry into that port, provide the Director-General with the following details:
(a) evidence that the ship possesses an International Ship Security Certificate;
(b) evidence of the security level at which the ship is operating;
(c) evidence of the security level at which the ship operated during the period of its last 10 calls at port where it conducted a ship-port interface;
(d) evidence of any special additional security measures that were taken by the ship during the period of its last 10 ports of call where it conducted a ship-port interface;
(e) evidence that the appropriate ship security procedures were maintained during any ship-to-ship activity during the period of its last 10 ports of call; and
(f) any other practical security-related details excluding details of the ship security plan, but including
(i) any information contained in the continuous synopsis record;
(ii) the location of the ship at the time the report is made;
(iii) the expected time of arrival of the ship in port;
(iv) the crew list;
(v) a general description of cargo aboard the ship;
(vi) the passenger list; and
(vii) information required under regulation X1-2/5 of the Convention.
(2) The master shall keep a record of the information specified in sub-section (1) for the last 10 calls at port facilities.
(3) Where a master declines to provide the information or confirmation specified in subsection (1), or fails to comply with sub-section (2), the Director-General may deny the ship entry to port.
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(1) The Director-General shall accept the validity of any maritime Security document related to a ship or the company of a ship issued in pursuance of this Act.
(2) Despite subsection (1), where the Director-General has reason to believe that
(a) the relevant ship or company
(i) is not in compliance with the content of the maritime security document;
(ii) is no longer in compliance with the provisions of any requirements leading to the issuance of the maritime security document, or imposed by the maritime security document;
(b) the relevant ship has been materially altered without the approval of the flag State that issued or approved the maritime security document; or
(c) the maritime security document has been fraudulently obtained or the holder of the maritime security document is not the person to whom the maritime security document was originally issued,
the Director-General may refuse to accept the maritime security document or may suspend his or her acceptance of the document.
(3) This section applies to
(a) every ship, registered in a State that is a party to the Convention other than a Ghanaian ship; and
(b) the company and the crew of every ship to which this Act applies excluding the crew of a Ghanaian ship.
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(1) Where an lnternational Ship Security Certificate required under section 27 is not produced with a reasonable excuse, or the Director-General has reason to believe that a ship is not in compliance with the requirements of this Act, the Director-General shall impose one or more of the following control measures:
(a) inspection of that ship for the purpose of ascertaining compliance with the certification requirements of this Act including
(i) the provision by the master, of information that the Director-General considers relevant to the inspection;
(ii) a demonstration to the Director-General that the master or the relevant crew are familiar with essential ship-board security procedures; and
(iii) any shipboard security procedure that is capable of being carried out in a competent manner;
(b) the delay of that ship;
(c) the detention of that ship;
(d) a restriction of the operations of that ship, including its movement within the port;
(e) expulsion of that ship from the port where
(i) the Director-General has reason to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property within the port; and
(ii) there are no other appropriate means to overcome that threat.
(2) Despite the provisions of any other enactment, a ship may be expelled under subsection (1).
(3) A control measure that is imposed under subsection (1),
(a) shall correspond to the expected requirements of the circumstance; and
(b) may in addition or alternately include any other minimized administrative or corrective measures.
(4) A control measure imposed under subsection (1), shall remain in force until the circumstance that gave rise to the imposition of the control measure is regularized to the satisfaction of the Director-General.
(5) Where a ship is expelled from a port under paragraph (e) of sub-section (1),
(a) the Director-General may require the ship to proceed to a specified location within the territorial sea or Ghanaian waters;
(b) the port facility operator shall on the directives of the Director-General, discontinue the provision of services to that ship;
(c) all exhaustive efforts shall be made to avoid a ship being unduly detained or delayed; and
(d) a person may be allowed to leave the ship, or have access to the ship for emergency, humanitarian or security reasons.
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A port facility operator shall
(a) operate in conformity with the security level specified by the Authority;
(b) apply security measures and procedures in a manner that minimizes interference with, or delay to, passengers, ships, the personnel of ships, visitors, goods and services; and
(c) appoint port facility security officers for purposes of this Act.
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(1) The Authority shall carry out a port facility security assessment of each port facility within the country.
(2) The Authority may authorise a recognised security organisation to carry out a port facility security assessment.
(3) Where a port facility security assessment is carried out by a recognised security Organisation, the Director-General shall review the assessment and ensure that it complies with subsection (1) of section 51.
(4) Where the Director-General is satisfied that the assessment complies with the requirements specified in subsection (1) of section 51, he or she may approve the assessment.
(5) The Authority shall ensure that each port facility security assessment is-
(a) periodically reviewed and updated, taking into account changing threats or minor changes in the port facility; and
(b) reviewed as soon as practicable in the event of any major changes to the infrastructure of the port facility.
(6) A port facility security assessment may cover more than one port facility where
(a) the operator, location, operation, equipment, and design of those port facilities are similar; and
(b) the Authority agrees to this arrangement.
(7) Where a port facility security assessment covers more than one facility, details of this arrangement shall be submitted in writing by the Authority to the International Maritime Organisation.
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(1) Upon completion of a port facility security assessment, the person who carried out the assessment shall prepare for the Authority a report that contains,
(a) a summary of how the assessment was conducted;
(b) a description of each vulnerability discovered during the assessment; and
(c) a description of countermeasures that could be employed to address each vulnerability.
(2) The report shall be protected from unauthorised access or disclosure.
(3) Any person who without authorisation discloses a report or gives access to a report contrary to subsection (2), commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units and not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.
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(1) Subject to subsection (2), a valid port facility security assessment shall specify the following details,
(a) identification and evaluation of important assets and infrastructure that are necessary to protect;
(b) identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritize security measures;
(c) identification, selection and prioritization of counter measures and procedural changes and their level of effectiveness in reducing vulnerability; and
(d) identification of weaknesses including human factors in the infrastructure, policies and procedures.
(2) The Authority may, by notice published in the Gazette, prescribe additional requirements to be met by a port facility security assessment.
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(1) Subject to subsection (2), a valid port facility security assessment shall specify the following details,
(a) identification and evaluation of important assets and infrastructure that are necessary to protect;
(b) identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritize security measures;
(c) identification, selection and prioritization of counter measures and procedural changes and their level of effectiveness in reducing vulnerability; and
(d) identification of weaknesses including human factors in the infrastructure, policies and procedures.
(2) The Authority may, by notice published in the Gazette, prescribe additional requirements to be met by a port facility security assessment.
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(1) A port facility operator shall
(a) develop, implement, and maintain a port facility security plan based on the port facility security assessment of that port facility;
(b) design a port facility security plan to suit the purposes of ship-port interface;
(c) update that port facility security plan by a review of that plan; and
(d) protect that port facility security plan from unauthorised access or disclosure.
(2) A port facility security plan
(a) shall provide for the three security levels specified under section 7, and
(b) may cover more than 1 port facility where
(i) the operator, location, operation, equipment, and design of those port facilities are similar; and
(ii) the Authority agrees to the arrangement.
(3) A recognised security Organisation may prepare the port facility security plan for a port facility.
(4) A port facility security plan or an amendment to an approved plan shall not be implemented without the written approval of the Minister.
(5) Any person who without authorisation discloses a port facility security plan or gives access to a port facility security plan, contrary to paragraph (d) of subsection (1), commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units and not exceeding 5,000 penalty units or to a term of imprisonment not exceeding 5 years or to both.
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(1) A port facility operator or a recognised security organisation, may after preparation of a port facility security plan or amendment to an approved plan in accordance with sections 52 and 53, submit to the Minister for approval
(a) that port facility security plan, or
(b) the amendment of that approved port facility security plan, accompanied with such fee and documents as the Minister may determine.
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(1) The Minister shall not approve a port facility security plan or any amendment to an approved plan submitted under section 54 unless he or she is satisfied that the plan or amendment to the plan,
(a) conforms with Part A of the Code and sections 52 and 53; and
(b) corresponds with the security assessment for that port facility.
(2) The Minister shall within 15 days of receipt of a port facility security plan or amendment, submitted under section 54, inform in writing the port facility operator or recognised security Organisation of his or her decision.
(3) Where a written approval of the Minister is obtained under subsection (2), the port facility operator or recognised security organisation shall keep in the form specified in Schedule VIII, that approval at the port facility for presentation on request by the Director-General.
(4) Where written approval is given by the Minister for a temporary amendment to an approved port facility security plan or for a temporary change to any security equipment specified in an approved plan, the retention of the written approval for the temporary amendment or temporary change shall not be required provided the original approved measures or equipment are effectively implemented.
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(1) Where the Minister decides not to approve a port facility security plan or amendment to a previously approved port facility security plan, the port facility operator or recognised security organisation, may within ten working days request in writing the Minister to review his or her decision.
(2) The Minister shall within 15 working days of the receipt of a request under subsection (1), carry out the review and report in writing the results of the review to the port facility operator or recognised security organisation.
(3) A port facility operator or recognised security organisation, dissatisfied with the decision of the Minister under subsection (2), may appeal to the High Court.
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(1) Subject to subsection (2), a port facility operator shall designate a port facility security officer for each port facility.
(2) A port facility operator may designate a port facility security officer for one or more port facilities.
(3) The duties of a port facility security officer include
(a) conducting an initial comprehensive security survey of the port facility, taking into account the relevant port facility security assessment;
(b) ensuring the development and maintenance of the port facility security plan;
(c) implementing and exercising the port facility security plan;
(d) undertaking regular security inspections of the port facility to ensure the continuation of appropriate security measures;
(e) recommending and incorporating, as appropriate, modifications to the port facility security plan in order to correct deficiencies and to update the plan to take into account any relevant changes to the port facility;
(f) enhancing security awareness and vigilance of the port facility personnel;
(g) ensuring adequate training has been provided to personnel responsible for the security of the port facility;
(h) reporting to the relevant authorities, occurrences which threaten the security of the port facility and maintaining records of the occurrences;
(i) co-ordinating the implementation of the port facility security plan with the appropriate company and any ship security officer concerned;
(j) co-ordinating with other national security services, as are appropriate;
(k) ensuring that standards for personnel responsible for security of the port facility are met;
(l) ensuring that security equipment is properly operated, tested, calibrated and maintained; and
(m) assisting when requested, the ship security officers in confirming the identity of those seeking to board the ship.
(4) A port facility operator shall ensure that the port facility security officer is given the necessary support to fulfill his or her duties and responsibilities specified in Chapter X1-2 of the Convention and in this Act.
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(1) For the purposes of additional security requirements, the Authority may by notice published in the Gazette, designate
(a) a port facility;
(b) any area in a port facility; or
(c) any other area within a port
as a port security zone.
(2) The Gazette notice under subsection (1) shall include a map of the port and specify the area that shows the boundaries of the port security zone and the effective date of the designation.
(3) A designation made under subsection (1) may
(a) be revoked in whole or in part; or
(b) be amended
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In designating a port security zone, the Authority shall have regard to the purposes for the zone, and take into account,
(a) the existing physical features of the port;
(b) the existing operational features of the port; and
(c) the opinion of the port facility operator.
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(1) A person shall not enter or remain in a port security zone unless
(a) that person is in the course of official duties; or
(b) that person is authorised by the Director-General or port facility operator to do so.
(2) Every person in a port security zone shall on the request of an authorised person provide,
(a) his or her name and address;
(b) the purpose of his or her visit to the port security zone;
(c) his or her authority to enter the port security zone; and
(d) verification of the correctness of his or her stated name and address.
(3) Where a person who is requested by an authorised person,
(a) fails or refuses to provide that authorised person with satisfactory evidence of his or her name and address; or
(b) fails to satisfy that authorised person that he or she is authorised to be there,
the authorised person may order that person to leave the port security zone.
(4) The authorised person and any person whom the authorised person calls to his or her assistance, may use reasonable force necessary to remove from the port security zone a person who fails or refuses to leave the port security zone after having been ordered by the authorised person to do so under subsection (3).
(5) A person who refuses to comply with a request under subsection (2), and after being cautioned of the consequences of his or her failure to comply, may be detained by the authorised person, or a port facility security officer.
(6) A person detained under subsection (5), shall as soon as practicable after arrest be delivered to a police officer.
(7) A passenger or crew member who embarks or disembarks directly through gateways or thoroughfares in a port facility approved for that purpose by the port facility operator shall be considered to be authorised by the Authority to pass through any port security zone that forms part of those gateways or thorough-fares.
(8) A person who by reason of his or her official duties, is required to enter a port security zone, shall after entry and on request by an authorised person, present his or her employment identity.
(9) A person who willfully fails to provide satisfactory evidence of his or her name and address or authorisation to be in a port security zone in contravention of this section, commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years, or to both.
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(1) A person shall not without reasonable excuse, or without the written permission of the ship security officer or the port facility security officer, take or attempt to take on board a ship or into a port security zone,
(a) a firearm;
(b) a dangerous or offensive weapon or instrument;
(c) any ammunition; or
(d) an explosive, incendiary, biological or chemical substance or device or any other injurious substance or device that may be used to endanger the safety of
(i) the ship;
(ii) any person on board the ship;
(iii) the port security zone; or
(iv) any person within the port security zone.
(2) A person who has obtained the written permission of a ship security officer or a port facility security officer shall on the request of an authorised person, present the written permission to that authorised person.
(3) For purposes of this section, "firearm" means any gun, rifle, or pistol, whether operated by force of explosives or not and includes any gun, rifle, or pistol that
(a) is capable or incapable of discharging any shot, bullet, or other missile; or
(b) is dismantled.
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(1) Where an authorised person has reason to believe that it is not lawful to take an item on board a ship or into a port security zone, that authorised person may seize the item for the purpose of determining whether the item may lawfully be taken on board that ship or into that port security zone.
(2) Where an item is seized under subsection (1), the authorised person shall
(a) take an inventory of the item; and
(b) give a copy of the inventory to the owner or the person from whom the item was seized.
(3) Where the authorised person determines that the item may lawfully be taken on board the ship, or into the port security zone, the authorised person shall as soon as practicable, return the item to the person from whom the item was seized.
(4) Where the authorised person determines that the item may not lawfully be taken on board the ship or into the port security zone, the authorised person shall permit the person from whom the item was seized, to arrange for the item to be
(a) taken off the ship; or
(b) taken out of the port security zone.
(5) Despite subsection (4), where the authorised person has reason to believe that the seized item poses an imminent risk to safety or may not be lawfully possessed, the authorised person may
(a) destroy or otherwise dispose of the item; or
(b) deliver the item to the police.
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(1) Where an authorised person has seized an item under section 63, the Authority may recover from either the owner of the item or the person who was in possession of the item, all reasonable costs of the seizure and costs incidental to that seizure.
(2) The Authority shall pay to the owner of the item, compensation for any loss resulting from
(a) the undue detention of the item; or
(b) any delay that prevented the normal use of the item.
(3) A complainant shall indemnify the Authority for all costs for which the Authority is liable under subsection (2), if
(a) an authorised person has taken action under section 63, based on information provided by the complainant;
(b) the information provided by the complainant is subsequently found to be false; and
(c) the complainant knew that the information was false at the time he or she provided it.
(4) For the purposes of this section, a "complainant" means a person who is aggrieved as a result of the seizure or detention by an authorised person of an item seized or detained under section 63.
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(1) A maritime security officer appointed undersection 71 (1), may in the course of duty enter
(a) a port security zone;
(b) any building, vehicle or place within a port security zone; or
(c) any ship
for the purpose of exercising his or her powers, and carrying out functions and duties under this Act.
(2) Unless a maritime security officer is accompanied by a police officer, the power of entry conferred under subsection (1), shall be limited to a peaceful and non-forcible entry.
(3) Where the police have taken command of any situation at a port security zone, the right of an authorised person to enter any part of the port facility or any ship, building or place within the port facility, shall be subject to the limitations imposed by the most senior police officer present at the port facility.
(4) Where a ship, building, vehicle or place is not being used for commercial purposes, subsection (1) does not apply, unless the maritime security officer has reason to believe that a person or thing is likely to endanger
(a) the port security zone;
(b) facilities within the port; or
(c) any person within that ship, building, vehicle or place.
(5) A police officer or an authorised person may not enter a dwelling house, crew quarters or a passenger cabin without
(a) a search warrant; or
(b) the consent of the occupier of that dwelling house, crew quarters, or passenger cabin.
(6) A maritime security officer who exercises the power of entry under this section, shall prior to and on any subsequent request
(a) provide evidence of his or her identity to the occupier and
(b) inform the occupier that the entry is authorised.
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(1) The Authority may declare an exclusion zone around a ship where
(a) the Authority considers it necessary for the maintenance of effective security for that ship; and
(b) that ship is
(i) berthed in port or is at an anchorage,
(ii) moored at a buoy; or
(iii) in the approaches to a port.
(2) Where the Authority makes a declaration under subsection (1), the Director-General shall notify
(a) the master of the ship;
(b) the port facility security officer;
(c) the port facility operator; and
(d) the harbour master
through any means of communication that the Director-General considers appropriate.
(3) A declaration made under subsection (1) shall take effect on the date that it is communicated to the master.
(4) The declaration shall expire 5 days after the date on which it takes effect unless, before the expiry, the Authority extends the period for a further specified period not exceeding 5 days.
(5) Despite subsection (4), the Authority may revoke a declaration at any time.
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(1) A person, craft, or vessel shall not enter or leave an exclusion zone unless authorised to do so by the Director-General.
(2) Where it is necessary to protect an exclusion zone, an authorised person may with reasonable force
(a) remove a person who has entered the exclusion zone without authority;
(b) prevent a person who has entered the zone without authority, from leaving the zone;
(c) prevent a person who attempts to leave the zone without authority;
(d) prevent a craft, or vessel which has entered the exclusion zone without authority, from leaving the zone;
(e) prevent a craft, or vessel which attempts to leave the zone.
(3) A person who contravenes subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years.
(4) The master of a craft or vessel who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units and the craft or vessel shall be detained until the fine is paid.
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(1) The Minister may by legislative instrument in consultation with the board of the Authority make Regulations for the effective implementation of this Act.
(2) Without prejudice to subsection (1), Regulations may be made prescribing matters relating to
(a) port facility security assessments;
(b) port facility security plans;
(c) ship security assessments;
(d) ship security plans;
(e) security levels;
(f) Declaration of Security;
(g) verification processes for issuance of certificates under this Act;
(h) recognised security organisations; and
(i) control and compliance measures.
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