Section 39

Commencement. 104 Belize Port Authority CHAPTER 233 PORT FACILITY REGULATIONS (Gazetted 12th June, 2004.) Preliminary 1. These Regulations may be cited as the Short title. PORT FACILITY REGULATIONS. Interpretation. 2.–(1) In this Part unless the context otherwise requires: “Administration” means the Maritime Authority of the State, other than Belize, whose flag the ship is entitled to fly; “authorised person” means a person authorized in writing by or on behalf of the Belize Port Authority for the purpose of these Regulations; “Belize Port Authority" means the Belize Port Authority established under section 3 of the Belize Port Authority Act; CAP. 233. “bulk carrier" means a ship which is constructed generally with single deck, top-side tanks and hopper side tanks in cargo spaces, and is intended primarily to carry dry cargo in bulk, and include such types as ore carriers and combination carriers; Belize Port Authority 105 “certificate” means an International Ship Security Certificate or an interim International Ship Security Certificate issued in accordance with Part A of the ISPS Code; “Chapter” means a chapter of the Convention; “chemical tanker” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the IBC Code; “company” means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the ISPS Code; “company security officer” means the person designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained, and for liaison with port facility security officers and the ship security officer; “Convention” means the international Convention for the Safety of life at Sea, 1974 as amended; “Contracting Government” means the government of a State which is Party to the International Convention for the Safety of Life at Sea; “Declaration of Security'” means an agreement reached between a ship and either a port facility or another ship with which it interfaces, specifying the security measures each will implement; “Designated Authority” means, the organization(s) or the administration(s) identified, as responsible for ensuring the implementation of the provisions of Chapter XI-2 of the 106 Belize Port Authority Convention pertaining to port facility security and ship/port interface, from the point of view of the port facility and in the case of Belize means the Belize Port Authority; “gas carrier” means a cargo ship constructed or adapted for the carriage in bulk of any liquefied gas or other liquid product in chapter 19 of the IGC Code; “Government” means Government of Belize; “high speed craft” means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding: 3.7 ▽0.1667 where: ▽ = displacement corresponding to the design waterline (m3); “IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.19(22), as may be amended and adopted by the Organization and brought into force in accordance with the amendment procedures in MARPOL applicable to an appendix to an Annex; “IGC Code” means the International Code for the Construction and Equipment of Ships Carrying Liquified Gases in Bulk, 1983, as amended; “IMMARBE” means the International Merchant Marine Registry of Belize established under section 3 of the Registration of Merchant Ships Act; “ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by IMO by Resolution A.741 (18), together with any amendments which may be in effect in respect of Belize; Belize Port Authority 107 “ISPS Code” or “Code” means the international Code for the Security of Ships and of Port Facilities, as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of life at Sea, 1974 and any amendments that maybe in effect for Belize; “mobile offshore drilling unit” means a vessel capable of engaging drilling operations for the exploration for or the exploitation of resources beneath the sea-bed such as liquid or gaseous hydrocarbons, sulphur or salt, when not on location; “Belize Port Authority” is the Designated Authority for Belize; “oil tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes (a) a combination carrier; (b) a chemical tanker as defined in Chapter III when it is carrying a cargo or part cargo of oil in bulk; and (c) a gas carrier as defined in Regulation 3.20 Of Chapter II-I of the Convention, when it is carrying a cargo or part cargo of oil in bulk. “port facility operator” means any person operating a port facility or such other person as maybe designated for the purposes of this Part as port facility operator for one or more port facilities by the Belize Port Authority; “port facility” means a location, as determined in Belize by the Belize Port Authority, or elsewhere by the relevant governmental authority, where the ship/port interface takes place. This includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate; 108 Belize Port Authority “port facility security assessment” means an assessment of the security of a port facility (or more than one port facility) carried out in accordance with section 15 of Part A of the ISPS Code; “port facility security officer” means the person designated as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officers and company security officers; “port facility security plan” means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship's stores within the port facility from the risks of a security incident; “recognized security organization” means an organization with appropriate expertise in security matters and with appropriate knowledge of ship and port operations authorized to carry out an assessment, or a verification, or an approval or a certification activity, required by this chapter or by Part A of the ISPS Code; “restricted zone” means a zone to which access is restricted for security reasons pursuant to these Regulations; “security level” means the qualification of the degree of risk that a security incident will be attempted or will occur; “security incident” means any suspicious act or circumstance threatening the security of a ship, including a mobile offshore drilling unit and a high speed craft, or of a port facility or of any ship/port interface or any ship to ship activity; “ship/port interface” means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship; “ship to ship” activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another; Belize Port Authority 109 “tons” means gross tonnage. (2) The term “all ships”, when used in Part II, means any ship to which the Part applies. (3) In these Regulations, any reference made to Part A of the ISPS Code, the guidance in Part B of the Code in relation to that matter shall be taken into account in construing Part A. (4) For the purposes of Part II a person is permitted to have access to a restricted zone of a port facility if he is permitted to enter that zone or if arrangements exist for permitting any of his employees or agents to enter that zone Special Measures to Enhance Maritime Security General 3.–(1) Subject to sub-regulation (6), this Part of these Regulations applies to (a) the following types of ships engaged on international voyages: (i) passenger ships, including high-speed passenger craft; (ii) cargo ships, including high-speed craft, of 500 tons or more; and (iii) mobile offshore drilling units; and (b) port facilities serving such ships engaged on international voyages. (2) This Part shall also apply to any port facility specified in a Notice issued by the Belize Port Authority which, although 110 Belize Port Authority used primarily by ships not engaged on international voyages, is required, occasionally, to serve ships arriving or departing on international voyages. (3) A Notice referred to in sub-regulation (2) shall not be issued without a port facility security assessment for that port facility having been done in accordance with section 15 of Part A of the ISPS Code. The Notice shall specify the extent of application of this Part and the relevant sections of Part A of the ISPS Code to the facility. (4) Any Notice under sub-regulation (2) shall not compromise the level of security intended to be provided by this Part and Part A of the ISPS Code. (5) Regulations 19, 20 and 21 also apply to a port facility not falling within sub-regulation (1) (b) or (2). (6) This Part does not apply to (a) warships; (b) naval auxiliaries; or (c) other ships owned or operated by Parties to the Convention and used only on Government non-commercial service. Security measures: Belize Port Authority. 4.–(1) Without prejudice to any other duties under this Part the Belize Port Authority shall: (a) in accordance with section 4 of Part A of the ISPS Code set security levels and ensure the provision of security level information to port facilities within Belize, and to ships prior to entering a port or whilst in a port within Belize; Belize Port Authority 111 (b) when changes in security level occur, update security level information as the circumstance dictates; (c) determine which of the port facilities located within their territory are required to designate a port facility security officer (PFSO) who will be responsible for the preparation of the port facility security plan; (d) approve the port facility security plan (PFSP) and any subsequent amendments to a previously approved plan. (2) The Belize Port Authority may delegate to a recognised security organisation some of their duties under these Regulations, except: (i) setting of the applicable security level for port facilities or ship to ship interface in Belize territorial waters; (ii) approving a port facility security assessment and subsequent amendments to an approved assessment; (iii,) determining the port facilities which will be required to designate a port facility security officer; (iv) approving a port facility security plan and subsequent amendments to an approved plan; (v) exercising control and compliance measures pursuant to Regulations 19, 20 and 21; and 112 Belize Port Authority (vi) establishing the requirements for a Declaration of Security. Requirements for companies. 5.(1) Companies shall comply with the relevant requirements of this Part and of Part A of the ISPS Code. In particular, and without prejudice to any other duties under this Part, the Company shall ensure that: (a) a company security officer is appointed, and is properly trained and qualified in his duties and responsibilities; (b) a ship security officer is appointed for each of its ships and is properly trained and qualified in his duties and responsibilities; (c) each ship has a ship security plan; (d) the master has available on board, at all times, information through which officers duly authorized by any State can establish: (i) who is responsible for appointing the members of the crew or other persons currently employed or engaged on board the ship in any capacity on the business of that ship; (ii) who is responsible for deciding the employment of the ship; and (iii) in cases where the ship is employed under the terms of charter Party or Parties, who are the Parties to such charter Party or Parties. (2) Any company which fails to comply with this Regulation shall be guilty of an offence. Belize Port Authority 113 Ship security plans. (a) Every ship security plan or amendment thereto shall be submitted to the Administration, or to a recognised security organisation it authorises on its behalf, for approval in accordance with section 9 of Part A of the Code. (b) A recognised security organisation authorized under paragraph (a) shall not have been involved in the preparation of the ship security plan or the amendment in question. (2) The Administration shall determine which changes to an approved ship security plan or to any security equipment specified in an approved plan shall not be implemented unless the relevant amendments to the plan are approved by the Administration. Any such changes shall be at least as effective as those measures prescribed in this Part and in Part A of the Code. (3) Any company which does not comply with sub- regulation (1), or otherwise fails to comply with section 9 of Part A of the Code, shall be guilty of an offence. 7.–(1) The company security officer shall perform the responsibilities and duties specified in this Part and Part A of the Code, in particular those listed in paragraph 11.2 of Part A. Company security officer. (2) Any contravention of this Regulation by the company security officer shall be an offence. 8.–(1) The ship security officer shall perform the responsibilities and duties specified in this Part and Part A on the Code, in particular those listed in paragraph 12.2 of Part A. Ship security officer. (2) Any contravention of this Regulation by the ship security officer shall be an offence. 114 Belize Port Authority 9.–(1) Ships shall comply with the relevant requirements of this Part and of Part A of the ISPS Code. Requirements for ships. (2) Prior to entering a port or whilst in a port within the territory of Belize, a ship shall comply with the requirements for the security level set by Belize, if such security level is higher than the security level set by the Administration for that ship. (3) Ships shall respond without undue delay to any change to a higher security level. (4) Where a ship is not in compliance with the requirements of this Part or of Part A of the ISPS Code, or cannot comply with the requirements of the security level set by the Administration or by another Contracting Government and applicable to that ship, then the ship shall notify the Belize Port Authority prior to conducting any ship/port interface or prior to entry into port, whichever occurs earlier. (5) Where there is a breach of sub-regulations (1) to (4) in relation to a ship then the company and the master shall each be guilty of an offence. Ship security alert system. 10.–(1) All ships shall be provided with a ship security alert system, as follows: (a) ships constructed on or after 1 July 2004; (b) passenger ships, including high-speed passenger craft, constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004; (c) oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft, of 500 tons and upwards constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004; and Belize Port Authority 115 (d) other cargo ships of 500 tons and upward and mobile offshore drilling units constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2006. (2) The ship security alert system, when activated, shall: (a) initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration, which in these circumstances may include the Company, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised; (b) not send the ship security alert to any other ships; (c) not raise any alarm on-board the ship; and (d) continued the ship security alert until deactivated/or reset. (3) The ships security alert system shall: (a) be capable of being activated from the navigation bridge and in at least one other location; and (b) conform to performance standards not inferior to those adopted by the Organization. (4) The ship security alert system activation points shall be designed so as to prevent the inadvertent initiation of the ship security alert. (5) The requirements for a ship security alert system may be complied with by using the radio installation fitted for 116 Belize Port Authority compliance with the requirements of Chapter IV of the International Convention for the Safety of Life at Sea, 1974, as amended, provided all requirements of this Regulation are complied with. (6) When an Administration receives notification of a ship security alert relating to a ship entitled to fly its flag, it shall immediately notify the State(s) in the vicinity of which the ship is presently operating. (7) When the Belize Port Authority receives notification of a ship security alert from a ship which is not entitled to fly the flag of Belize, it shall immediately notify the relevant Administration and, if appropriate, the State(s) in the vicinity of which the ship is presently operating. (8) Any contravention of sub-regulations (1) to (4) shall be an offence by the company and the master. 11.–(1) The Belize Port Authority shall set security levels and ensure the provision of security level information to ships operating in the territorial sea of Belize or having communicated an intention to enter the territorial sea. (2) The Belize Port Authority shall provide a point of contact through which such ships can request advice or assistance and to which such ships can report any security concerns about other ships, movements or communications. (3) Where a risk of attack has been identified, the Belize Port Authority shall advise the ships concerned and their Administrations of: (a) the current security level; (b) any security measures that should to be put in place by the ships concerned to protect themselves from attack, in accordance with the provisions of Part A of the ISPS Code; and Belize Port Authority 117 (c) security measures that the Belize Port Authority put in place, as appropriate. Master’s discretion for ship safety and security. 12.–(1) (a) The master of a ship shall not be constrained by the Company, the charterer or any other person from taking or executing any decision which, in the professional judgement of the master, is necessary to maintain the safety and security of the ship. (b) This includes denial of access to persons (except those identified as duly authorized by a Contracting Government) or their effects and refusal to load cargo, including containers or other closed cargo transport units. (2) (a)Where, in the professional judgement of the master, a conflict between any safety and security requirements applicable to the ship arises during its operations, the master shall give effect to those requirements necessary to maintain the safety of the ship. (b) In such cases, the master may implement temporary security measures and shall forthwith inform the Administration and, if appropriate, the Contracting Government in whose port the ship is operating or intends to enter. (c) Any such temporary security measures under this Regulation shall, to the highest possible degree, be commensurate with the prevailing security level. When such cases are identified, the Administration shall ensure that such conflicts are resolved and that the possibility of recurrence is minimised. 118 Belize Port Authority 13.–(1) All ships to which this Part applies shall be subject to initial, renewal and intermediate verifications in accordance with paragraph 19.1.1 of Part A of the ISPS Code. Verification for ships. (2) The verification of ships shall be carried out by an officer authorised by the Administration, or, if it entrusts it, by a recognised security organisation. (3) The security system and any associated security equipment of the ship after verification shall be maintained to conform with the provisions of regulations 5 and 10 of Part A of the ISPS Code and of the approved ship security plan. After any verification under sub-regulation (1), no changes shall be made in the security system and in any associated security equipment or the approved ship security plan without the sanction of the Administration. (4) Any contravention of sub-regulation (1) or (3) shall be an offence by both the company and the master. Issue, endorsement, duration and validity of certificate. 14.–(1) When an initial or renewal verification is satisfactorily completed pursuant to Regulation 13 the Administration or a recognised security organisation acting on its behalf shall issue or, as the case maybe, endorse an International Ship Security Certificate. (2) The International Ship Security Certificate shall be drawn up in a form corresponding to the model given in the appendix to Part A of the Code. (3) The duration and validity of an International Ship Security Certificate shall be in accordance with section 19.3 of Part A of the Code. Issue and endorsement of certificates by another Government. 15.–(1) An Administration may request another Contracting Government to verify the ship and, if satisfied that the provisions of section 19.1.1 of the Code are complied with, to issue or authorize the issue of an International Ship Security Certificate to the ship end, where appropriate, endorse or Belize Port Authority 119 authorize the endorsement of that Certificate on the ship, in accordance with the Code. (2) A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same effect as if it was issued by the Administration. Certificates issued or endorsed on behalf of another Government. 16.–(1) IMMARBE may at the request of another Contracting Government verify the ship and, if satisfied that the provisions of section 19.1.1 of the Code are complied with, issue or authorize the issue of an International Ship security Certificate to the ship and, where appropriate, endorse or authorize the endorsement of that Certificate on the ship, in accordance with the Code. (2) A Certificate so issued shall contain a statement to the effect it has been issued at the request of that Government and it shall have the same effect as if the Certificate was issued or endorsed by that Government and not by IMMARBE. 17.–(1) After 1 July 2004, for the purposes of: Interim certification. (a) a ship without a Certificate, on delivery or prior to its entry or re-entry into service; (b) transfer of a ship from the flag one Government to that of another; (c) a Company assuming the responsibility for the operation of a ship not previously operated by that Company; until the Certificate referred to in Regulation 14(1), 15(1) or 16– (1) is issued, and Administration may cause an Interim International Ship Security Certificate to be issued, in a form corresponding to the model given in the appendix to Part A of the Code. 120 Belize Port Authority (2) An Interim International Ship Security Certificate shall only be issued if the Administration or a recognised security organisation on its behalf is satisfied that the conditions specified in section 19.4.2.1 to section 19.4.2.7 of Part A of the Code are met. (3) An Interim International Ship Security Certificate may be issued by an Administration or by a recognized security organization authorized to act on its behalf. (4) An Interim International Ship Security Certificate shall be valid for 6 months, or until the Certificate required by Regulation 14(1), 15(1) or 16(1) is issued, whichever comes first, and may not be extended. (5) No subsequent, consecutive Interim International Ship Security Certificate shall be issued to a ship if, in the judgement of the Administration or the recognized security organization, one of the purposes of the ship or Company in requesting such certificate is to avoid full compliance with this Part beyond the period of the initial Interim Certificate as specified sub- regulation (1) (6) For the purposes of Regulations 19, 20 and 21 the Belize Port Authority may, prior to accepting and Interim International Ship Security Certificate as a valid Certificate, ensure that the requirements of sections 19.4.2.4 to 19.4.2.6 of Part A of the ISPS Code have been met. Prohibition on proceeding to see without an appropriate certificate. 18.–(1) No ship required to be verified under this Part shall proceed, or attempt to proceed to sea, unless there is in force a valid International Ship Security Certificate or an Interim International Ship Security Certificate. (2) Where a ship proceeds, or attempts to proceed to sea in contravention of sub-regulation (1) the company and the master shall be guilty of an offence. Belize Port Authority 121 Control and compliance measures 19.–(1) Control of ships in port. (a) For the purpose of these Regulations, every ship to which this Part applies is subject to control when in a port in Belize by officers duly authorised by the Belize Port Authority. (b) Such control shall be limited to verifying that there is onboard a valid Certificate, which, if valid, shall be accepted, unless there are clear grounds for believing that the ship is not in compliance with the requirements of these Regulations or Part A of the ISPS Code. (2) When there are such clear grounds, or where no valid Certificate is produced when required, the duly authorized officer shall impose any one or more control measures in relation to that ship as provided in sub-regulation (3). Any such measures imposed must be proportionate, taking into account the guidance given in Part B of the ISPS Code. (3) (a) Such control measures are as follows: (i) inspection of the ship; (ii) delaying the ship; (iii) detention of the ship; (iv) restriction of operations including movement within the port; or (v) expulsion of the ship from port. 122 Belize Port Authority (b) Such control measures may additionally or alternatively include other lesser administrative or corrective measures. Ships intending to enter port. 20.–(1) The Belize Port Authority may require that ships intending to enter ports in Belize provide the following information to duly authorized officers to ensure compliance with this Part prior to entry into port with the aim of avoiding the need to impose control measures as steps: (a) that the ship processes a valid Certificate and the name of its issuing authority; (b) the security level at which the ship is currently operating; (c) the security level at which the ship operated in any previous port where it has conducted a ship/port interface within the time frame specified in sub-regulation (3); (d) any special or additional security measures that were taken by the ship in any previous port where it has conducted a ship/port interface within the time frame specified in sub-regulation (3); (e) that the appropriate ship security procedures were maintained during any ship to ship activity within the timeframe specified in sub- regulation (3); or (f) other practical security related information (but not details of the ship security plan), taking into account the guidance given in Part B of the ISPS Code. Belize Port Authority 123 Where requested by the Belize Port Authority, the ship or the Company shall provide confirmation, acceptable to it, of the information required above. (2) Every ship to which this Part applies intending to enter a port facility in Belize shall provide the information described in sub-regulation (1) on the requests of the officers duly authorized by that Government. The master may decline to provide such information on the understanding that failure to do so may result in denial of entry to port. (3) The ship shall keep records of the information referred to in sub-regulation (2) for the last 10 calls at port facilities. (4) (a) Where, after receipt of the information described in sub-regulation (1), officers duly authorised by the Belize Port Authority have clear grounds for believing that the ship is not in compliance with the requirements of this Part of Part A of the ISPS Code, such officers shall attempt to establish communication with and between the ship and its Administration in order to rectify the non-compliance. (b) Where such communication does not result in rectification, or if such officers have clear grounds otherwise for believing that the ship is not in compliance with the requirements of this Part or Part A of the ISPS Code, such officers may take steps in relation to that ship as provided in sub-regulation (5). Any such steps taken must be proportionate, taking into account the guidance given in Part B of the ISPS Code. (5) Such steps are as follows: (a) a requirement for the rectification of the non- compliance; 124 Belize Port Authority (b) a requirement that the ship proceed to a location specified in the territorial sea or internal waters of Belize; (c) inspection of the ship, if the ship is in the territorial sea of Belize; or (d) denial of entry into port Prior to initiating any such steps, the Belize Port Authority shall inform the ship of its intentions. Upon receipt of this information the master may withdraw the intention to enter that port. In such cases, this Regulation shall not apply. Additional control and compliance provisions. 21.–(1) In the event: (a) of the imposition of a control measure, other than a lesser administrative or corrective measure, referred to in Regulation 20(3); or (b) any of the steps referred to in Regulation 20(5) are taken; an officer duly authorized by the Belize Port Authority shall forthwith inform in writing the Administration specifying which control measures have been imposed or steps taken and the reasons thereof. He shall also notify the recognized security organization, which issued the Certificate relating to the ship concerned and the Organization when any such control measures have been imposed or steps taken. (2) When entry into port is denied or the ship is expelled from a port in Belize, the Belize Port Authority shall communicate the appropriate facts to the authorities of the State of the next appropriate ports of call, when known, and any other appropriate coastal States, taking into account any guidelines developed by the Organization. Confidentiality and security of such notification shall be ensured. Belize Port Authority 125 (3) Denial of entry into port, pursuant to Regulation 20(4) and (5), or expulsion from port, pursuant to Regulation 20(1) to (3), shall only be imposed where the duly authorised officers have clear ground to believe that the ship poses an immediate threat to the security or safety of persons, or of ships or other property and there are no other appropriate means for removing that threat. (4) The control measures referred to in Regulation 19(1) and the steps referred to in Regulation 20(5) shall only be imposed, pursuant to Regulations 19 and 20, until the non-compliance giving rise to the control measures or steps has been corrected to the satisfaction of Belize Port Authority, taking into account actions proposed by the ship or the Administration or IMMARBE, if any. (2) When control is exercised under Regulation 19 or steps taken under Regulation 20: (a) all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained, or delayed, it shall be entitled to compensation for any loss or damage suffered; and (b) necessary access to the ship shall not be prevented for emergency or humanitarian reasons and for security purposes. Port facilities 22.–(1) The Belize Port Authority shall ensure that: Port facilities: Belize Port Authority responsibilities. (a) port facility security assessments are carried out, reviewed and approved in accordance with the provisions of Part A of the ISPS Code; 126 Belize Port Authority (b) port facility security plans are developed, reviewed, approved and implemented in accordance with the provisions of Part A of the ISPS Code; and (c) port facility security officers appointed by port facilities have the appropriate expertise. (2) The Belize Port Authority shall designate and communicate to the port facility operator and the port facility security officer the measures required to be addressed in a port facility security plan for the various security levels, including when the submission of a Declaration of Security will be required. (3) The Belize Port Authority shall issue guidelines to ensure the continued compliance with the ISPS Code which guidelines shall be mandatory and any breach of thereof shall constitute a breach of this Part. Port facilities: duties of port facility operators. 23.–(1) The port facility operator shall ensure that port facilities shall comply with the relevant requirements of this Part and Part A of the ISPS Code. (2) (a) In particular the port facility operator shall appoint a suitably qualified port facility security officer, and ensure that he receives appropriate training, as specified in section 18.1 of Part A of the Code. (b) The port facility operator shall provide the port facility security officer with the resources, assistance and support necessary to enable him to carry out his duties. (3) The port facility operator shall ensure that port facility personnel having specific security duties have appropriate knowledge and receive appropriate training as specified in section 18.2 of Part A of the Code, the type of ship the port Belize Port Authority 127 facility is serving and other relevant circumstances, taking into account guidance given in Part B of the Code. (4) The port facility operator shall ensure that other port facility personnel have appropriate knowledge as specified in section 18.3 of Part A of the Code. (5) Any port facility operator which fails to comply with this Regulation shall be guilty of an offence. 24.–(1) A port facility security officer shall carry out the duties and responsibilities placed on him by this Part and Part A of the Code, in particular those listed in section 17.2 of Part A of the Code. Port Facility security officers. (2) Any port facility security officer who fails to comply with this Regulation shall be guilty of an offence. 25.–(1) To ensure the effective implementation of the port facility security plan, drills shall be carried out at appropriate intervals, taking into account the types of operation of the port, facility, port facility personnel changes, the type of ship the port facility is serving and other relevant circumstances, taking into account guidance given in Part B of the Code. (2) The port facility security officer shall ensure the effective co-ordination and implementation of the port facility security plan by participating in exercises at appropriate intervals, taking into account the guidance given in Part B of this Code. (3) Any contravention of sub-regulation (1) shall be an offence by the port facility operator and the port facility security officer. (4) Any contravention of sub-regulation (2) shall be an offence by the port facility security officer. 128 Belize Port Authority Supplementary 26.–(1) The Belize Port Authority may, when implementing this Part and Part A of the ISPS Code, conclude in writing bilateral or multilateral agreements with other Contracting Governments on alternative security arrangements covering short intentional voyages on fixed routes between port facilities located within their territories. Alternative security arrangements. (2) Any such agreement shall not compromise the level of security of other ships or of port facilities not covered by the agreement. (3) No ship covered by such an agreement shall conduct any ship-to-ship activities with any ship not covered by the agreement. (4) Such agreements shall be reviewed periodically, taking into account the experience gained as well as any changes in the particular circumstances or the assessed threats to the security of the ships, the port facilities or the routes covered by the agreement. Equivalent security arrangements. 27.–(1) The Administration may allow a particular ship or a group of ships to implement other security measures equivalent to those prescribed in this chapter or in Part A of the ISPS Code, provided such security measures are at least as effective at those prescribed in this chapter or Part A of the ISPS Code. The Administration, where it allows such security measures, shall communicate to the Organization particulars thereof. (2)(a) When implementing this Part and Part A of the ISPS Code, the Belize Port Authority may allow a particular port facility or a group of port facilities located within its territory, other than those covered by an agreement concluded under Regulation 26, to implement security measures equivalent to those prescribed in this Belize Port Authority 129 Part or in Part A of the ISPS Code, provided such security measures are at least as effective as those prescribed in this Part or Part A of the ISPS Code. (b) The Belize Port Authority, where it allows such security measures, shall communicate to the Organization particulars thereof. 28.–(1) The Government shall, not later than 1 July 2004, communicate to the Organization and shall make available for the information of Companies and ships: Communication of information. (a) the name and contact details of their national authority or authorities responsible for port facility security; (b) the locations within their territory covered by the approved port facility security plans; (c) the names and contact details of those who have been designated to be available at all times to receive and act upon the ship-to-shore security alerts, referred to in Regulation 10(2)(a); (d) the names and contact details of those who have been designated to be available at all times to receive and act upon any communications from Contracting Governments exercising control and compliance measures: and (e) the names and contact details of those who have been designated to be available at all times to provide advice or assistance to ships and to whom ships can report any security concerns, referred to in Regulation 8; 130 Belize Port Authority and thereafter update such information as and when changes relating thereunto occur. (2) The Government shall, not later than the date referred in sub-regulation (1), communicate to the Organization the names and contact details of any recognized security organizations authorized to act on their behalf together with details of the specific responsibility and conditions of authority delegated to such organizations. Such information shall be updated as and when changes relating thereto occur. (3) The Belize Port Authority shall, not later than the date referred to in sub-regulation (1), communicate to the Organization a list showing the approved port facility security plans for the facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval and thereafter shall further communicate when any of the following changes take place. (a) changes in the location or locations covered by an approved port facility security plan that are to be introduced or have been introduced. In such cases the information to be communicated shall indicate the changes in the locations or locations covered by the plan and the dates as of which such changes are to be introduced or were implemented; (b) an approved port facility security plan, previously included in the list submitted to the Organizations, that is to be withdrawn or has been withdrawn. In such cases, the information to be communicated shall indicate the date on which the withdrawal will take effect or was implemented. In these cases, the communication shall be made to the Organization as soon as is practically possible; and Belize Port Authority 131 (c) additions that are to be made to the list of approved port facility security plans. In such cases, the information to be communicated shall indicate the location or locations covered by the plan and the date of approval. (4) The Government shall, at five year intervals after 1 July 2004, communicate to the organization a revised and updated list showing all the approved port facility security plans for the port facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval (and the date of approval of any amendments thereto) which will supersede and replace all information communicated to the Organization, pursuant to sub-regulation (3), during the preceding five years. (5) The Belize Port Authority shall communicate to the Organization information that an agreement under Regulation 26 has been concluded. The information communicated shall include: (a) the names of the Governments which have concluded the agreement; (b) the port facilities and the fixed routes covered by the agreement; (c) the periodicity of review of the agreement; (d) the date of entry into force of the agreement; and (e) information on any consultations which have taken place with other Governments; and thereafter shall communicate, as soon as practically possible, to the Organization information when the agreement has been amended or has ended. 132 Belize Port Authority Enforcement 29.–(1) Without prejudice to Regulation 20, but subject to section 9.8 and 9.9 of Part A of the ISPS Code (ship security plans not subject to inspection except in limited circumstances) the Belize Port Authority may, by notice in writing served on any of the following persons— Requirement to provide information. (a) the owner, charterer, manager or master of any ship which is in, or appears to the Belize Port Authority to be likely to enter, a port facility; (b) a port facility operator; (c) any person who carries on operations in a port facility; and (d) any person who is permitted to have access to a restricted zone of a port facility for the purposes of the activities of a business carried on by him; require that person to provide the Belize Port Authority with such information specified in the notice as the Belize Port Authority may require in connection with the exercise by the Belize Port Authority of its functions under this Part. (2) A notice under sub-regulation (1) shall specify a date before which the information required by the notice is to be furnished to the Belize Port Authority. (3) Any such notice may also require the person on whom it is served, after he has furnished to the Belize Port Authority the information required by the notice, to inform the Belize Port Authority if at any time the information previously furnished to the Belize Port Authority (including any information furnished in pursuance of a requirement imposed by virtue of this sub- regulation) is rendered inaccurate by any change of Belize Port Authority 133 circumstances (including the taking of any further measures for purposes of this Part or the alteration or discontinuance of any measures already being taken). (4) In so far as such a notice requires further information to be furnished to the Belize Port Authority in accordance with sub-regulation (3), it shall require that information to be furnished to it before the end of such period as is specified in the notice for the purposes of this sub-regulation. (5) A notice served on a person under sub-regulation (1) may at any time— (a) be revoked by a notice in writing served on him by the Belize Port Authority; or (b) be varied by a further notice under sub-regulation (1). (6) Any person who— (a) without reasonable excuse, fails to comply with a requirement imposed on him by a notice under this Regulation; or (b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes statement which is false in a material particular; shall be guilty of an offence. 30.–(1) An authorised person shall have power, on production (if required) of his credentials, to inspect— (a) any ship while in a port facility (b) any part of any port facility; or 134 Belize Port Authority (c) any land outside a port facility which is occupied for the purposes of a business by a person who— (i) carries on (or appears to the authorised person to be about to carry on) harbour operations in a port facility for the purposes of that business; or (ii) is permitted (or appears to the authorised person to be about to be permitted) to have access to a restricted zone of a port facility for the purposes of the activities of that business. (2) An authorised person inspecting a ship or any part of a port facility or any land outside a port facility under sub- regulation (1) above shall have power— (a) to subject any property by him on the ship or, as the case may be, to subject that part of the port facility or any property found by him there or on that land, to such tests; (b) to take such steps— (i) to ascertain what practices or procedures are being followed in relation to security; or (ii) to test the effectiveness of any practice or procedure relating to security; or (c) to require the owner, charterer, manager or master of the ship, the port facility operator or the occupier of the land to furnish to him such information; Belize Port Authority 135 as the authorised person may consider necessary for the purpose for which the inspection is carried out. (3) Subject to sub-regulation (4), an authorised person, for the purpose of exercising any power conferred on him by sub- regulation (1) or (2) in relation to a ship, in relation to a port facility in relation to any land outside a port facility, shall have power— (a) for the purpose of inspecting a ship, to go on board it and to take all such steps as are necessary to ensure that it is not moved; or (b) for the purpose of inspecting any part of a port facility, to enter any building or works in the port facility or enter upon any land in the port facility; or (c) for the purpose of inspecting any land outside a port facility, to enter upon the land and to enter any building or works on the land. (4) The powers conferred by sub-regulation (3) shall not include power for an authorised person to use force for the purpose of going on board any ship, entering any building or works or entering upon any land. (5) Any person who— (a) without reasonable excuse, fails to comply with a requirement imposed on him under sub- regulation (2) (c); or (b) in furnishing any information so required, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular; 136 Belize Port Authority shall be guilty of an offence. False statements relating to baggage, cargo, etc. 31.–(1) A person shall be guilty of an offence if, in answer to a question which— (a) relates to any baggage, cargo or stores (whether belonging to him or to another) that is or are intended for carriage by sea or by any ship to or from Belize; and (b) is put to him for purposes of this Part— (i) by any of the persons mentioned in sub- regulation (2); (ii) by any employee or agent of such a person in his capacity as employee or agent; or (iii) by a constable; He makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular. (2) The persons referred to in sub-regulation (1) (b) are— (a) a port facility operator; (b) the owner, charterer or manager of any ship; and (c) any person who— (i) is permitted to have access to a restricted zone of a port facility for the purposes of the activities of a business carried on by him; and Belize Port Authority 137 (ii) has control in that restricted zone over the baggage, cargo or stores to which the question relates. (3) In this section— “cargo” includes mail; “ship” does not include a ship used in a naval, customs or police service; and “stores” means any goods intended for sale or use in a ship, including fuel and spare parts and other articles of equipment, whether or not for immediate fitting. False statements in connection with identity documents. 32.–(1) A person shall be guilty of an offence if— (a) for the purpose of, or in connection with, an application made by him or another for the issue of an identity document to which this sub-regulation applies; or (b) in connection with the continued holding by him or another of any such document which has already been issued; he makes to any of the persons specified in sub-regulation (3), to any employee or agent of such a person or to a constable, a statement which he knows to be false in a material particular, or recklessly makes to any of those persons, to any such employee or agent or to a constable, a statement which is false in a material particular. (2) Sub-regulation (1) applies to any identity document which is to be or has been issued by any of the persons specified in sub-regulation (3) for the purposes of a ship security plan or a port facility security plan. (3) the persons referred to in sub-regulation (1) are— 138 Belize Port Authority (a) a port facility operator; (b) the owner, charterer or manager of any ship; and (c) any person who is permitted to have access to a restricted zone of a port facility for the purposes of the activities of a business carried on by him. Unauthorized presence in restricted zone. 33.–(1) A person shall not— (a) go, with or without a vehicle or vessel, onto or into any part of a restricted zone of a port facility except with the permission of the port facility operator or a person acting on behalf of the port facility operator and in accordance with any conditions subject to which that permission is for the time being granted; or (b) remain in any part of such a restricted zone after being requested to leave by the port facility operator or a person acting on behalf of the port facility operator. (2) Sub-regulation (1) (a) does not apply unless it is proved that, at the material time, notices stating that the area concerned was a restricted zone were posted so as to be readily seen and read by persons entering the restricted zone. (3) A person who contravenes sub-regulation (1) shall be guilty of and offence. Offences relating to authorized persons. 34. A person who— (a) intentionally obstructs an authorised person acting in the exercise of a power conferred on him by or under these Regulations; or Belize Port Authority 139 (b) falsely pretends to be an authorised person; shall be guilty of an offence. Penalties, defences, etc. CAP. 1. 35.–(1) Not withstanding anything contained in section 21 (e) of the Interpretation Act, a person guilty of an offence under this Part is liable— (a) on summary conviction, to a fine not exceeding fifty thousand dollars; (b) on conviction on indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both. (2) It shall be a defence for a person charged under sub- regulation (1) to show that he took all reasonable precautions and exercised all due diligence to avoid the commissions of the offence. (3) Where an offence under this section is committed or would have been committed save for the operation of sub- regulation (2), by any person due to the act or default of some other person, that other person is guilty of the offence and a person may be charged with and convicted of an offence by virtue of this sub-regulation whether or not proceedings are taken against the first mentioned person. Continuous Synopsis Record 36.–(1) This Regulation applies to all ships engaged on international voyages, except— Continuous Synopsis Record. (a) ships of war and troop ships; (b) cargo ships of less than 500 tons; 140 Belize Port Authority (c) ships not propelled by mechanical means; (d) wooden ships of primitive build; (e) pleasure vessels not engaged in trade; and (f) fishing vessels. (2) (a) All ships shall be provided with a Continuous Synopsis Record for the purpose of providing an on-board record of the history of the ship with respect to the information recorded therein. (b) For ships constructed before 1 July 2004, the Continuous Synopsis Record shall, at least, provide the history of the ship as from 1 July 2004. (3) The Continuous Synopsis Record shall be issued by the Administration to each ship and it shall contain at least, the following information: (a) the name of the flag State; (b) the date on which the ship was registered with that State; (c) the ship’s identification number; (d) the name of the ship; (e) the port at which the ship is registered; (f) the name of the registered owner(s) and their registered address(es); (g) the name of the registered bareboat charterer(s) and their registered address(es), if applicable; Belize Port Authority 141 (h) the name of the Company, its registered address and the address and the address(es) from where it carries out the safety management activities; (i) the name of all classification society(ies) with which the ship is classed; (j) the name of the Contracting Government or of the recognized organization which has issued the Document of Compliance (or the Interim Document of Compliance), specified in the ISM Code, to the Company operating the ship and the name of the body which has carried out the audit on the basis of which the document was issued, if other than that issuing the document; (k) the name of the Contracting Government or of the recognized organization that has issued the Safety Management Certificate (or the Interim Safety Management Certificate), specified in the ISM Code, to the ship and the name of the body which has carried out the audit on the basis of which the certificate was issued, if other than that issuing the certificate; (l) the name of the Contracting Government or of the recognized security organization that has issued the International Ship Security Certificate (or an Interim International Ship Security Certificate), specified in Part A of the ISPS Code, the ship and the name of the body which has carried out the verification on the basis of which the certificate was issued, if other than that issuing the certificate; and (m) the date on which the ship ceased to be registered with the flag state. 142 Belize Port Authority (4) The Continuous Synopsis Record shall be kept on board the ship and shall be available for inspection at all times. (5) (a) any changes relating to the entries referred to in paragraphs (d) to (m) of sub-regulation (3) shall be recorded in the Continuous Synopsis Record so as to provide updated and current information together with the history of the changes. (b) in case of any changes relating to the entries referred to in paragraph (a), the Administration shall issue, as soon as is practically possible but not later than three months from the date of the change, to the ships entitled to fly its flag either revised and updated version of the Continuous Synopsis Record of appropriate amendments thereto; (c)(i) in case of any changes relating to the entries referred to in paragraph (a), the Administration, pending the issue of a revised and updated version of the Continuous Synopsis Record, shall authorize and require either the Company or the master of the ship to amend the Continuous Synopsis Record to reflect the changes; (ii) in such cases after the Continuous Synopsis Record has been amended the Company shall, without delay, inform the Administration accordingly. (6) (a) The Continuous Synopsis Record shall be in the format developed by the Organization and shall be maintained in accordance with guidelines developed by the Organization. Any previous entries in the Continuous Synopsis Record shall not be modified, deleted or, in any way, erased or defaced. 37.–(1) Whenever a ship is transferred to the flag of another State, or the ship is sold to another owner (or is taken over by Belize Port Authority 143 another bareboat charterer) or another Company assumes the responsibility for the operation of the ship, the Continuous Synopsis Record shall be left on board. (2) When a ship is to be transferred to the flag of another State, the Company shall notify the Administration of the name of the Sate under whose flag the ship is to be transferred so as to enable the Administration to forward to that State a copy of the Continuous Synopsis Record covering the period which the ship was under their jurisdiction. (3) When a ship is transferred to the flag of another State the Government of which is a Contracting Government, the one Administration shall transmit to the other Administration as soon as possible after the transfer takes place a copy of the relevant Continuous Synopsis Record covering the period during which the ship was under its jurisdiction together with any Continuous Synopsis Records previously issued to the ship by other States. (4) When a ship is transferred to the flag of another State, the Administration shall append the previous Continuous Synopsis Records to the Continuous Synopsis Record the Administration will issue to the ships so as to provide the continuous history record intended by this Regulation. 38.–(1) It shall be an offence by the company, in relation to each of its ships, not— Offences and penalties. (a) to provide to the Administration the information required by subregulation (3) if requested by the Administration; (b) to inform the Administration of the changes referred to in subregulation (5); (c) to make changes in the Continuous Synopsis Record as is required to be made under sub- regulation (5) (c); 144 Belize Port Authority (d) to inform the Administration as is required by sub-regulation (5) (c) (ii); or (e) to ensure that the Continuous Synopsis Record is left on the ship and is available for inspection as required by subregulation (4); and any such offence shall be punishable by a fine not exceeding fifty thousand dollars. (2) It shall be an offence by the master not to— (a) make any changes in the Continuous Synopsis Record as he is required to make under subregulation (5) (c); (b) to ensure the Continuous Synopsis Record is left on the ship and is available for inspection as required by sub-regulation (4); and any such offence shall be punishable by a fine not exceeding twenty-five thousand dollars. Commencement. 39. These Regulations shall come into force on the 1st day of June, 2004. MADE by the Minister responsible for Ports, this 1st day of June, 2004. (VALDO MARIN) Minister responsible for Ports, Minister of Health and Communications