Marine Security Operations Bulletin - 2012-001

File number: 4303-12
No 2012- 001

Issue

Application and Use of a Declaration of Security Pursuant to the Marine Transportation Security Regulations

Purpose:

The purpose of this Marine Security Bulletin is to remind vessels, vessel operators and marine facility operators of the requirements and use of a Declaration of Security (DoS) pursuant to the Marine Transportation Security Regulations (MTSR).

Directive

Transport Canada, Marine Security Operations has noted the apparent misuse of the DoS process whereby declarations of security have been completed for no apparent reason other than as a routine procedure during any interface.

The DoS is intended to be used in exceptional cases usually related to higher risk, when there is a need to reach an agreement between a vessel and a marine facility or another vessel as to the security procedures to be applied during the interface.

Unless there are specific security reasons relating to the interface between a vessel and a marine facility or another vessel, a DoS should not be requested. The circumstances specified in the MTSR apply. A DoS is not normally completed if the vessel, marine facility or other vessel subject to the MTSR are operating at MARSEC Level 1, other than under the circumstances prescribed in the MTSR section 228.

The MTSR outlines the conditions and circumstances when a DoS is required before an interface starts between a vessel and a marine facility or another vessel.
 

Link to the regulations:

http://laws.justice.gc.ca/en/SOR-2004-144/

The DoS is to ensure that all shared security concerns are fully addressed throughout the interface where a DoS is required by regulation. A DoS specifies the security procedures that each party will implement during the interface. A vessel or marine facility may use any existing DoS form they have as long as it contains the information set out in the International Ship and Port Facility Security (ISPS) Code, Part B; Appendix 1. (MTSR sections 228(3) and 315(3)). A DoS should only be completed under the circumstances outlined within the MTSR.

Vessels and marine facilities are encouraged to discuss existing security procedures in place to determine whether or not a DoS is required prior to any interface. The purpose of such dialogue is to secure an agreement on the procedures to be followed when an interface occurs.

Effective and continuing dialogue between the Company Security Officer, Vessel Security Officer and Marine Facility Security Officer is central to the efficient implementation of the security regime established under the MTSR. Without such dialogue, issues may arise which may lead to possible misunderstandings and result in a risk of delay or disruption to the marine facility and the vessel interface or between vessel interfaces. This may impede the ability of vessel or marine facility personnel to exercise effective access control procedures or other procedures essential to their operation.

Vessels to which the MTSR Part 2 applies and marine facilities to which the MTSR Part 3 applies are only required to complete a DoS under the following circumstances identified in the MTSR sections 228 and 315:

  1. The interface involves a vessel(s) or a marine facility that are operating at different MARSEC Levels; or
  2. The interface involves a vessel(s) or a marine facility and one or more of them do not have an approved security plan; or
  3. The interface involves a cruise ship; or
  4. The interface involves a vessel carrying certain dangerous cargoes (CDC) as defined in the Interpretation section of the MTSR; or
  5. The interface involves a vessel(s) or a marine facility and the loading or transfer of CDC; or
  6. The Vessel Security Officer or the Marine Facility Security Officer identifies security concerns about the interface; or
  7. The interface involves a marine facility that is an occasional-use marine facility (OUMF) as defined in the Interpretation section of the MTSR (MTSR 358(d)). (OUMF are required to submit a copy of all DoS (MTSR section 358(f)) as soon as practicable to their local regional marine security office); or
  8. A new declaration of security is also required if there is a change in the MARSEC Level.

When a DoS is implemented, in all circumstances it is required to be included in the vessel or marine facility security plan (MTSR sections 234 (2)(o) and 323 (e)(vii) respectively). Marine facilities are required to maintain copies of all DoS for two years after the day of expiry of their marine facility security plan and vessels are required to maintain a copy of their last ten DoS.

Upon mutual agreement, a continuing DoS may be used for multiple interfaces between a vessel and a marine facility or another vessel as long as the effective period of the continuing DoS does not exceed 90 days at MARSEC Level 1 or 30 days at MARSEC Level 2, and there are no changes in the circumstances which resulted in the implementation of the initial DoS.

If a DoS is required in accordance with the MTSR between a vessel and an operator of a lock in the St. Lawrence Seaway, it shall be completed on its entry into the first lock and remain in effect until the vessel exits the St. Lawrence Seaway at the St. Lambert Lock or the Welland Canal at Port Colborne. (MTSR sections 228(7) and 315(7)).

Any comments, suggestions or concerns may be addressed to Transport Canada, Marine Security Operations by e-mail to dirops.marsec-sumar@tc.gc.ca

Original signed by
Dean Fuller
Director
Marine Security Operations
Dated: 27 February 2012

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