MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER 2001 OG TILKNYTTEDE CERTEPARTIKLAUSULER

1. MARITIME SIKKERHETSTILTAK ETTER 11. SEPTEMBER 2001 OG TILKNYTTEDE CERTEPARTIKLAUSULER En oversikt over den nye internasjonale ”ISPS-koden”, nye regler i USA og nye standardklausuler som regulerer ansvars- og risikofordelingen mellom partene i certepartier. Frode Grotmol 16. februar 2004

2. I Innledning II IMO International Code for the Security of Ships and Port Facilities

3. ISPS-kodens formål The objectives of this Code are: • to establish an international framework involving co-operation between Contracting Governments, Government agencies, local administrations and the shipping and port industries to detect security threats and take preventive measuresagainst security incidents affecting ships or port facilities used in international trade;

4. to establish the respective roles and responsibilities of the Contracting Governments, Government agencies, local administrations and the shipping and port industries, at the national and international level for ensuring maritime security; • to ensure the early and efficient collection and exchange of security-related information;

5. to provide a methodology forsecurity assessments so as to have in place plans and procedures to react to changing security levels; and • to ensure confidence that adequate and proportionate maritime security measures are in place.

6. ISPS-kodens “Functional Requirements” For å oppnå disse formålene inneholder koden en rekke “functional requirements”. Disse inkluderer, men er ikke begrenset til:

7. Gathering and assessing information with respect to security threats and exchanging such information with appropriate Contracting Governments; • Requiring the maintenance of communication protocols for ships and port facilities; • Preventing unauthorized access to ships, port facilities and their restricted areas;

8. Preventing the introduction of unauthorized weapons, incendiary devices or explosives to ships or port facilities; • Providing means for raising the alarm in reaction to security threats or security incidents; • Requiring ship and port facility securityplans based upon security assessments; and • Requiring training, drills and exercises to ensure familiarity with security plans and procedures.

9. ISPS-kodens gyldighetsområde Koden gjelder for: • The following types of ships engaged on international voyages: • Passenger ships, including high-speed passenger craft; • Cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and • Mobile offshore drilling units; and • Port facilities serving such ships engaged on international voyages.

10. Ansvaret til myndighetene (Contracting Governments) Faktorer som skal tillegges vekt ved fastsettelsen av sikkerhetsnivået inkluderer bl.a.: • the degree that the threat information is credible; • the degree that the threat information is corroborated; • the degree that the threat information is specific or imminent; and • the potential consequences of such a security incident.

11. Pliktene til rederiet (the Company) • Skipets plikter Ved sikkerhetsnivå 1 skal de følgende aktiviteter utføres:

12. ensuring the performances of all ship security duties; • controlling access to the ship; • controlling the embarkation of persons and their effects; • monitoring restricted areas to ensure that only authorized persons have access;

13. monitoring of deck areas and areas surrounding the ship; • supervising the handling of cargo and ship’s stores; and • ensuring that security communication is readily available.

14. Skipets sikkerhetsvurderinger (Ship Security Assessment) Skipets sikkerhetsvurderinger som sikkerhetsplanen skal baseres på, må inkludere i det minste følgende elementer:

15. identification of existing security measures, procedures and operations; • identification and evaluation of key ship board operations that it is important to protect; • identification of possible threats to the key ship board operations and the likelihood of their occurence, in order to establish and prioritise security measures; and • identification of weaknesses, including human factors in the infrastructure, policies and procedures.

16. Skipets sikkerhetsplan (Ship Security Plan) Skipets sikkerhetsplan skal adressere minst det følgende: • measures designed to prevent weapons, dangerous substances and devices intended for use against people, ships or ports and the carriage of which is not authorized from being taken on board the ship; • identification of the restricted areas and measures for the prevention of unauthorized access;

17. measures for the preventing of unauthorized access to the ship; • procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the ship of ship/port interface; • procedures for responding to any security instructions Contracting Governments may give at such level 3;

18. procedures for evacuation in case of security threats or breaches of security; • duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects; • procedures for auditing the securityactivities; • procedures for training, drills and exercises associated with the plan;

19. procedures for interfacing the port facility security activities; • procedures for the periodic review of the plan and for updating; • procedures for reporting security incidents; • identification of the ship security officer; • identification of the company security officer including with 24-hour contact details;

20. procedures to ensure the inspection, testing, calibration and maintenance of any security equipment provided on board, if any; • frequency for testing or calibration of any security equipment provided on board, if any; • identification of the locations where the ship security alert system activation points are provided; and • procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting and to limit false alerts.

21. Logger/protokoller (Records) • Rederiets sikkerhetsoffiser (Company Security Officer) • Skipets sikkerhetsoffiser (Ship Security Officer) • Opplæring og øvelser

22. Havnene I ISPS-koden er det detaljerte bestemmelser om det følgende: • Port Facility Security • Port Facility Security Assessment • Port Facility Security Plan • Port Facility Security Officer • Training, Drills and Exercises on Port Facility Security

23. Verifisering og sertifisering (Verification and Certification) • Situasjonen i EU

24. III ISPS klausuler for tidscertepartier

25. 1. BIMCO ISPS klausul for tidscertepartier (a)(i) From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel and thereafter during the currency of this Charter Party, the Owners shall procure that both the Vessel and ”the Company” (as defined by the ISPS Code) shall comply with

26. the requirements of the ISPS Code relating to the Vessel and ”the Company”. Upon request the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) to the Charterers. The Owners shall provide the Charterers with the full style contact details of the Company Security Officer (CSO).

27. (ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the Owners or ”the Company” to comply with the requirements of the ISPS Code or this Clause shall be for the Owners’ account.

28. (b)(i) The Charterers shall provide the CSO and the Ship Security Officer (SSO)/Master with their full style contact details and, where sub-letting is permitted under the terms of this Charter Party, shall ensure that the contact details of all sub-charterers are likewise provided to the CSO and the SSO/Master. Furthermore, the Charterers shall ensure that all sub-charter parties they enter into during the period of this Charter Party contain the following provision:

29. ”The Charterers shall provide the Owners with their full style contact details and, where sub-letting is permitted under the terms of the charter party, shall ensure that the contact details of all sub-charterers are likewise provided to the Owners”.

30. (ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the Charterers to comply with this Clause shall be for the Charterers’ account.

31. (c) Notwithstanding anything else contained in this Charter Party all delay, costs or expenses whatsoever arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for the Charterers’ account, unless such costs or expenses result solely from the Owners’ negligence. All measures required by the Owners to comply with the Ship Security Plan shall be for the Owners’ account.

32. (d) If either party makes any payment which is for the other party’s account according to this Clause, the other party shall indemnify the paying part.

33. 2. Redervennlig tilleggsklausul ”Charterers guarantee that the ports to which they direct the vessel comply at all times while the vessel is at the port with all requirements of the ISPS Code. Owners are entitled to refuse to proceed to a port not complying with the ISPS-Code. All costs and consequences arising from or in connection with calls at ports not complying with the ISPS Code to be for charterers’ account.”

34. IV ISPS klausuler for reisecertepartier • Intertankos “Security Measure Clause” • BIMCOs ISPS-klausul

35. V USA • Maritime Transportation Security Act (MTSA)

36. Sikkerhetsplaner (Maritime Transportation Security Plans) a) Skipene og havnene (facilities) må utarbeide sikkerhetsplaner, som:

37. are consistent with the National and Area Plans • identify a Qualified Individual with full authority to implement security actions • deter, to the maximum extent practicable, a transportaton security incident using contract security measures • describe training and drills • include provisions for maintaining physical and personnel security

38. b) Skipene og havnene (facilities) må også utarbeide “response”-planer.

39. Sikkerhetskort, (Transportation Security Cards), visum og sikkerhetsvakter • Sikkerhetstiltak i utenlandske havner (Foreign Port Assessments) • Automatic Identification Systems

40. Internasjonale intermodule transporter • Innsendelse av informasjon til tollmyndighetene og immigrasjons-myndighetene

41. VI Spesielle USA klausuler • Reisecertepartier

42. BIMCO U.S. Security Clause for Voyage Chartering: If the Vessel calls in the United States, including any U.S. territory, the following provisions shall apply with respect to any applicable security regulations or measures:

43. Reporting The Vessel or its agents shall report and send all notices as required to obtain entry and exit clearances from the relevant U.S. authorities. Any delay caused by the failure to so report shall be for the Owners´ account, unless such failure to report is caused by or attributable to the Charterers or their representatives or agents including but not limited to the shipper and/or receiver of the cargo.

44. Clearances Unless caused by the Owners' negligence, any delay suffered or time lost in obtaining the entry and exit clearances from the relevant U.S. authorities shall count as laytime or time on demurrage.

45. Expenses Any expenses or additional fees relating to the cargo, even if levied against the Vessel, that arise out of security measures imposed at the loading and/or discharging port and/or any other port to which the Charterers order the Vessel, shall be for the Charterers' account.

46. Notice of Readiness Notwithstanding anything to the contrary contained in this Charter Party, the Vessel shall be entitled to tender Notice of Readiness whether cleared for entry or not by any relevant U.S. authority.

47. Nordisk Skibsrederforenings klausul: U.S. SECURITY MEASURES If the Vessel is required to call in the United States, the following provisions shall apply:

48. (a) Notice of Readiness. At the end of the Vessel's sea passage at each place or port of loading or discharge, or upon arrival at any customary waiting place or any other place she is ordered to wait, the Vessel shall be entitled to tender Notice of Readiness whether anchored or not, whether in port or not, whether inspected and/or cleared for entry or not.

49. (b) Reporting Requirements. The Vessel or its agent shall report and send all notices as required to obtain entry clearances from the relevant U.S. authorities. Any delay caused by the Owner's failure to so report the Vessel for such clearances shall be for Owner's account.

50. (c) Delays or Time Lost. Otherwise, notwithstanding anything to the contrary in this charter, any delay or time whatsoever lost, whether directly or indirectly (including consequential delays), used or spent in inspecting the Vessel and/or obtaining the required security clearances from the U.S. authorities to permit the Vessel to berth or depart shall count as laytime or time on demurrage.