Shipping (Ships and Port facilities Security) Regulations (S.R.O. No. 4 of 2011)

2011 Shipping (Ships and Port Facilities Security) Regulations ARRANGEMENT OF SECTIONS A7 SRO.4 I. Citation 2. Defmitions PART} SPECIAL MEASURES TO ENHANCE MARITIME SECURITY General 3. Application 4. Security measures: responsibilities of Director 5. Security measures: responsibilities of Commissioner of Police Ships 6. Requirements forcompanies 7. Ship security plans 8. Company security officer 9. Ship security officer 10. Requirements for ships II. Ship security alert system 12. Threats to ships 13. Master's discretion for ship safety and security 14. Verification for ships 15. Issue, endorsement, duration and validity of certificate 16. Issue and endorsement of certificates by another Government 17. Certificates issued or endorsed on behalf of another Government 18. Interim certification 19. Prohibition on proceeding to sea without an appropriate certificate Control and compliance measures 20. Control of ships in port 21. Ships intending to emer aport 22. Additional control and compliance provisions AS SRO.4 Shipping (Ships and Port Facilities Security) Regulations Port fa cilities 20ll 23 . Port facilities: Commissioner of Police responsibilities 24. Port facilities: duties of port facility operator 25 . Port facility security officers 26. Drills and exercises Supplementary 27. Alternative security agreements 28. Equivalent security arrangements 29. Communication of information Enforcement 30. Requirement to provide infonnation 31. Powers of inspection 32. False statements relating to baggage. cargo. etc. 33. False statements in connection with identity documents 34. Unauthorised presence and activity in restricted areas 35. Offences relating to authorised persons 36. Penalties. defences. etc. PAll.T II CONTINUOUS SYNOPSIS RECORD 37. Continuous Synopsis Record 38. Transfer of flag by ship 39. Offences and penalties 2011 Shipping (Ships and Port Facilities Security) Regulations GRENADA STATITfORY RULES AND ORDERS NO.4 OF 2011 A9 SRO.4 THE M INISTER IN EXERCISE OF raa POWERS CONFERRED ON HIM' BY SECTION 457 OF TIlE SIlIPPING Aer, 1994 MAKES TIlE fOu.oWIN G REGULATIONS: (Gazetted 11Ih March. 2011 ). 1. Citation. These Regulations may be cited as the SHIPPING (SHIPS AND PORT FACILITIES SECURITY) REGULATrONS. 2011 . 1. Dermitions: ( I}-ln these Regulations. unless the context otherwise requires "Act" means the Grenada Shipping Act 1994; "Administration" means the Maritime Authority of the State whose flag the ship is entitled to fly; "authorisedperson" means a person authorised in writing by or on behalf of the Director of Maritime Affairs or the Commissioner of Police for the purposes of these Regulations; "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 includes such types as ore carriers and combination carriers; "certificate" means an International Ship Security Certificate or an Interim International Ship Security Certificate issued in accordance with part A of the ISPS Code; "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 mc Code; "Commissioner ofPolice" means the Chief ofPoli,e as defined in Section 2 of the Police Act 1967; AlO SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 "company" means the owner of the ship or any other organisation 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 bas 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 thata ship securityassessment is carried out;thataship security plan is developed, submitted for approval, and thereafter implemented and maintained, andfor liaison withportfacility securityofficers andthe ship security officer; "Contracting Government" meansthe governmentof 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 organisation(s) or the administration(s) identified, as responsible for ensuring the implementation of the provisions of Chapter XI-2 of the Safety Convention pertaining to port facility security and ship/port interface, from the point of view of the port facility and in the case ofGrenada means the Commissioner of Police; "Director" means the Director of Maritime Affairs appointed pursuant to Section 4 of the Grenada Shipping Act 1994; "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 lGC Code; "Government" means the Government of Grenada; "high speed craft" means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding: 3.7v"·"'" where: V = displacement corresponding to the design waterline (m3); 2011 Shipping (Ships and Port Facilities Security) Regulations All SRO.4 "!BCCode" means the International Code for the Construction and Equipment of Ships Carry ing Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Comntittee of the Organisation by resolution MEPC.19(22), as may be amended and adopted by the Organisation and brought into force in accordance with the amendment procedures in MARPOL applicable to an appendix to an Annex; "IGC Code" means the Internati onal Code for the Construction and Equipment of Ships Carrying Liquified Gases in Bulk, 1983, as amended; "!MO" means the International Martirne Organisation ; "ISM Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by !MO by Resolution A.741 (18), together with any amendments whicb may be in effect in respect of Grenada; "ISPS Code" or "Code" means the International Codefor theSecurity ofShips andofPort 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 may be in effect for Grenada; "mobile offshore drilling unit" means a vessel capable of engaging drilling operations for the exploration for or the exploitation ofresources beneath the sea-bed such as liquid or gaseous hydrocarbons, sulphur or salt, when not on location; "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 of the Safety Convention of the !MO 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 Safety Convention of the !MO, when it is carrying a cargo or part cargo of oil in bulk. A 12 SRO.4 Shipping (Ships and Port Facilities Security) Regulations "Orga nisation" means the International Maritime Organisation ; 2011 " port fac ility operator" means any person operating a po rt facility or such other person as may be designated for the purposes of this Pan as a port facility operatorforone ormore port facilities by the Directorof Maritime Affairs ; "port facility" means a location, as determined in Grenada by the Director of Maritime Affairs, or elsewhere by the relevant governmental authority. where the ship/port interface takes place. Th is includes areas such as anchorages, waiting berths and approaches from seaward , as app ropriate; "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 pan A of the ISPS Code; "port fac ility security officer" means the person des ignated 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 ofmeasures 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; "recognised security organisation" means an organisation with appropriate experti se in security matters and with appropriate knowledge of ship and portoperations authorisedto carry out anassessment, ora veri fication, or an approval or a certification activity, required by these Regulati ons or by pan A of the ISPS Cnde; "restricted area" means an area to which access is restricted for security reasons pursuant to these Regulations: "security level" means the qualification of the degree of rislllhal a secllrity incident will be attempted or will occur; 2011 Shipping (Ships and Port Facilities Security) Regulations A 13 SRO.4 applies. "sec urity incident>? means any suspicious act or circumstance threatening the security of a ship, including a mobile offshore drilling unit and a high speed cra ft, or of a port facility or of any ship/port interface or any ship to ship activity; "ship/port interface" means lbe 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 10 ship" activity means any activity nOI related to a port facility that involves the transfer of goods or persons from one ship to anoth er; "tons" means gross tonnage. (2) The term "all ships", when used in Part I, means any ship to which the Part (3) In these Regul ations, any reference mad e to part A of the ISPS Code, the guida nce in pan B of lbe Code in relation to that matter shall be taken into account in construing part A. (4) For the purposes of these Regulations, references in Part A of the Code to the Administra tion shall in relation to Grenadian ships be references to the Director of Maritime Affairs. (5) For the purposes of Part I a person is permitted 10 have access 10 a restricted area of a port facility if he is permitted 10 enter that area or if arrangements exist for permitting any of his empl oyees or agents 10 enter that area. P ART I SPECIAL MEASURES TO ENHANCE MARITIME SECURITY General 3. Application. (1) Subject to sub-regulation (6) , this Pan of these Regulatio ns appl ies to A 14 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (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 or part thereof spec ified in a Notice in the Gazette issued by the Director of Maritime Affairs which. although 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 ofapplication of this Part and the relevant sections of part A of the ISPS Code to the facilit y. (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 20. 21 and 22 also apply to a port facility not falling within sub-regulation ( I) (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 Safety Convent ion and used only on Government non-commercial serv ice. 4. Security measures: responsibilities of Director. (1) Without prejudice to any other duties under these Regulations. the Director ofMaritime Affairs shall: 2011 Shipping (Ships and Port Facilities Security) Regulations A IS SRO.4 (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 Grenadian ships; (b) when changes in security levels occur. update security level information as the circumstance dictates; (c) indicate when a Declaration of Security is required for a Grenadian ship; (d) approve the ship security plan and relevant amendments to a previously approved plan. (2) The Director of Maritime Affairs may delegate his responsibilities under this Part to a recognised security organisation. except the following: (i) setting of the applicable security level for ships; (ii) exercising control andcompliancemeasurespursuant to regulations 20. 2 I and 22; (iii) establishing the requirements for a Declaration of Security. 5. Security measures: responsibilities of Commissioner of Police. (1) Without prejudice to any other duties under this Part the Commissioner of Police 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 Grenada, and to ships prior to entering a port or whilst in a port within Grenada; (b) when changes in security level occur, update security level information as thecircumstance dictates; (c) determine which of the port authorities or port facilities located within Grenada are required to designate a port facility security officer (PFSO) who willberesponsible for the preparation ofthe port facility security plan; A 16 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (d) approve the port facility security plan (PFSP) and any subsequent amendments to a previously approved plan. (2) The Commissioner of Police, after consultation with the Director of Maritime Affairs, may delegate to a recognised security organisation any duties under these Regulations, except: (i) setting of the applicable security level for port facilities or ship to ship interface in Grenada's 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 20,21 and 22; and (vi) establishing the requirements for a Declaration of Security. Ships 6, Requirements for companies. (I) 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 authorised by any State can establish: 2011 Shipping (Ships and Port Facilities Security) Regulations A 17 SRO.4 (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 employmentof 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. 7. Ship security plans. (I) (a) Every ship security plan or amendment thereto shall be submitted to the Director of Maritime Affairs, or to a recognised security organisation he authorises on his behalf, for approval in accordance with section 9 of part A of the Code. (b) A recognised security organisation authorised under paragraph (a) shall not have been involved in the preparation of the ship security plan or the amendment in question. (2) The Director of Maritime Affairs 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 Director. 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 (I), or otherwise fails to comply with section 9 of Part A of the Code, sball be guilty of an offence. 8. Company security officer. (I) 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 I 1.2 of Part A. (2) Any contravention of this regulation by the company security officer shall be an offence. A 18 SRO.4 Shipping (Ships and Pan Facilities Security) Regulations 2011 9. Ship security officer. (I) The ship security officer shall perform the responsibilities and duties specified in this Part and part A of the Code, in particular those listed in paragraph 12.2 of part A (2) Any contravention of this regulation hy the ship security officer shall be an offence. 10. Requirements for ships. (I) Ships shall comply with the relevantrequirements of this Part and of part A of the ISPS Code. (2) Prior to entering a port or whilst in a port within the lerritory of any o ther State, a ship shall comply with the requ irements for the security level set by that State, if such security level is higher than the security level set by the Director of Maritime Affairs for that ship. (3) Ships sball respond without undue delay to any change to a higher security level. (4) Where a ship is no t in compliance with the requirements of lhis Part or of part A of the ISPS Code, or cannot comply with the requirements of the security level set by the Director of Maritime Affairs or by another Contracting Government and applicable to that ship, then the ship shall notify the appropriate competent 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 ( I) to (4) in relation to a ship then the company and the master shall each be guilty of an offence. 11. Ship security alert system, ( I) 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 rad io installation after 1 JUly 2004; (c) oil tankers. chemical tankers, gas carriers, bulk carriers and cargo high speed craft,of500 tons and upwards eonsaucted before 1July 2004, not later than the first survey of the radio installation after 1 July 2004; and 2011 Shipping (Ships and Port Facilities Security) Regulations A 19 SRO.4 (d) other cargo ships of 500 tons and upward and mobile offshore drilling units constructed before I July 2004, not later than the first survey of the radio installation after I April 2008. (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 Director of Maritime Affairs, 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) continue the ship security alert until deactivated and/or reset. (3) The ship security alert system shall: (a) be capable of being activated from the navigation bridge and in at leastone otherlocation; and (b) conform to performance standards not inferior to those adopted by the Organisation. (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 requirement for a ship security alert system may be complied with by using radio installations fitted for compliance with appropriate standards as may be advised by the Director of Maritime Affairs. (6) When the Director of Maritime Affairs receives notification of a ship security alertrelating to a ship entitled to fly the flag of Grenada he shall immediately notify the State(s) in the vicinity of which the ship is presently operating. (7) When the Director ofMaritime Affairs or CommissionerofPolice receives notification ofa ship security alert from a ship which is not entitled to fly the flag of Grenada, they shall immediately notify the relevant Administration and, if appropriate, the State(s) in the vicinity of which the ship is presently operating. A20 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (8) Any contravention of sub-regulations (I) to (4) shall be an offence by the company andthe master. 12. Threats to ships. (I) The Commissioner ofPoHce shall set security levels for portfacilities andensure the provisionof securitylevel information to ships operating in the territorial sea of Grenada or having communicated an intention to enter the territorial sea. (2) The Commissioner of Police shall provide a point of contact through which such ships can request advice or assistance andto which such ships can report any securityconcerns about otherships, movements or communications. (3) Where a risk of attack has been identified, the Commissioner of Police shall advise the ships concerned and their Administrations of: (a) the current security level; (b) any security measures that should be put in place by the ships concernedto protectthemselves from attack. in accordance with the provisions of part A of the ISPS Code; and (c) security measures that the Commissioner of Police put in place, as appropriate. 13. Master's discretion for ship safety and security. (I) (a) The master of a Grenadian 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 authorised by a Contracting Government) ur 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. 2011 Shipping (Ships and Port Facilities Security) Regulations A 21 SRO.4 (b) In such cases, the master may implement temporary security measures and shall forthwith inform the Director of Maritime Affairs and, if appropriate, the Co ntracting 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 Director shall ensure that such conflicts are resolved and that the possibility of recurrence is minimised. . 14, Verification for ships. (I ) All Grenadian 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. (2) The verification of ships shal l be carried out by an officer authorised by the Director of Maritime Affairs, or, if he entrusts it, by a recognised security organisation. (3) The security system and any assoc iated security equipment of the ship after verification sb~ll be maintained to conform with the provisions of regulations 6 and II , of part A of the ISPS Code and of the approved ship security plan. After any verification under sub-regulation (I), no changes shall be made in the security system and in any associated security equipment or the approved ship security plan without the sanct ion of the Director. (4) Any contravention of sub-regulation (1) or (3) shall be an offence by both the company and master. 15, Issue, endorsement, duration and validity ofcertificate. (I) When an initial or renewal verification is satisfactorily completed pursuant to regulation 14 the Director of Maritime Affairs or a recognised security organisation acting on his behalfshall issue or, as the case may be, endorse an International Ship Security Certi ficate. (2) The International Ship Security Certi ficate 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. A. 22 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 16. Issue and endorsement of certificates by another Government. (I) The Director ofMaritime Affairs may request another Contracting Government to verify the ship and, if satisfied that the provisions of section 19.1.1 ofthe Code are complied with, to issue or authorize the issue of an International Ship Security Certificate to the ship and, whereappropriate, endorseor authorize the endorsementof thatCertificateon 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 Director of Maritime Affairs and it shall have the same effect as if it was issued by the Director. 17. Certificates issued or endorsed on behalfof anotber Government. (1) The Director of Maritime Affairs 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 ofan 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 that it has been issued at the request of that Government and it shall have the same effect as the Certificate was issued or endorsed by that Government and not by the Director of Maritime Affairs. 18. Interim certification. (I) After I April 2008. for the purposes of: (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 ofanother Government to the Grenada register; (c) a Company assuming the responsibility for the operation ofa ship not previously operated by that Company; until the Certificate referred to in regulation 15(1), 16(1) or 17(I) is issued. the Director of Maritime Affairs may cause an Interim International Ship Security Certificate to be issued. in a form corresponding to the model given in the appendix to Part Aof the Code. 2011 Shipping (Ships and Pan Facilities Security) Regulations A23 SRO.4 (2) An Interim International Ship Security Certificate shall only be issued if the Director of Maritime Affairs or a recognised security organisation on his 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 the Director of Maritime Affairsor by a recognisedsecurity organisation authorised to act on his behalf. (4) An Interim International Ship Security Certificate shall be valid for 6 months, or until the Certificate required by regnlation 15(1), 16(1) or 17(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 Director of Maritime Affairs or the recognised security organisation, one of the purposes of the ship or a Company in requesting such certificate is to avoid full compliance with this Part beyond the period of the initial Interim Certificate as specified in sub-regulation (1). (6) For the purposes of regulations 20, 21 and 22 a national Administration may, prior to accepting an Interim International Ship Security Certificate as a valid Certificate, ensure that the requirements of sections 19.4.2.4 to 19.4.2.6 ofpart A ofthe ISPS Code have been met. 19. Problbition on proceeding to sea without an appropriate certificate. (1) No Grenadian 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-regnlation (I) the company and the master shall be guilty of an offence. Control and compliance measures 20. Control of sblps in port. (1) (a) For the purpose of these Regulations, every ship to which this Part applies is subject to control when in aport in Grenada by officers duly authorised by the Director of Maritime Affairs (who may be officers appointed under section 4 of the Grenada Shipping Act 1994) or the Commissioner of Police, A24 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (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 authorised officers shall impose anyone or more control measures in relatiou to that ship as provided in sub-regulation (3). Any such measures imposedmustbeproportionate, taking into accounttheguidance given inpart 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 ofoperations including movement within the port, or (v) expulsion of the ship from port . (b) Such control measures may additionally or alternatively include other lesser administrative or corrective measures. 21. Ships intending to enter a port. (1) The Director of Maritime Affairs or the Commissioner of Police may require that ships intending to enter ports in Grenada provide the following information to duly authorised officers to ensure compliance with this Part prior [a entry into port with the aim of avoiding the need to impose control measures or steps: (a) that the ship possesses a valid Certificate and the name of its issuing authority; (b) the security level at which the ship is currently operating; 2011 Shipping (Ships and Port Facilities Security) Regulations A 25 SRO.4 (c) the security level at which the ship operated in any previous port where it has conducted a ship/port interface within the timeframe 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 shiplport interface within the timeframe spec ified 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 securi ty related information (but not details of the ship security plan), taking into account the guidance given in Part B of the ISPS Code. Where requested by the Director of Maritime Affairs or the Commissioner of Poli ce, the ship or the Company shall provide confirmation, acceptable to them, of the information required above. (2) Every Grenadian ship to which this Part applies intending to enter the port of another Contracting Government shall provide the information described in sub-regulation (I) on the request of the officers duly authorised 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 into 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 (I). officers duly authorised by the Director of Maritime Affairs or the Commissioner of Police have clear grounds for believing that the ship is not in compliance with the requirements of this Part or 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 isnot in compliance with the requirements ofthis Part or Part A of the ISPS A26 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 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; (h) a requirement that the ship proceed to a location specified in the territorial sea or internal waters of Grenada; (c) inspection of the ship, if the ship is in the territorial sea of Grenada; or (d) denial of entry into port. Prior to initiating any such steps, the Director of Maritime Affairs or the Commissioner of Police shall inform the ship of their intentions. Upon receipt of this information the master may withdraw the intention to enter that port. In such cases, this regulation shall not apply. 22. Additional control and compliance provisions. (I) 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 21(5) are taken, an officer duly authorised by the Director of Maritime Affairs or the Commissioner of Police 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 recoguised security organisation, which issued the Certificate relating to the ship concerned and the Organisation 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 Grenada, the Commissioner of Police shall communicate the appropriate facts to the authorities of the Stale of the next appropriate ports ofcall, when known, and any other appropriate coastal States, taking into account any guidelines developed by the Organisation. Confidentiality and security of such notification shall beensured. 2011 Shipping (Ships and Port Facilities Security) Regulations A27 SRO.4 (3) Denial of entry into port, pursuant to regulation 21(4) and (5), or expulsion from port, pursuant to regulation 20(1) to (3), shall only he imposed where the duly authorised officers have clear grounds 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 20(1) and the steps referred to in regulation 21(5) shall only he imposed, pursuant to regulations 20 and 21, until the non-compliance giving rise to the controlmeasures or steps has been corrected to the satisfaction ofCommissionerofPolice, taking into account actions proposed by the ship or the Administration or the Director of Maritime Affairs, if any. (5) When control is exercised under regulation 20 or steps taken under regulation 21: (a) all possible efforts shall he made to avoid a ship being unduly detained or delayed.lf 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 he prevented for emergency or humanitarian reasons and for security purposes. Port facilities 23. Port facilities: Commissioner of Police responsibilities. (I) The Commissioner of Police shall ensure that (a) port facility security assessments are carried out, reviewed and approved in accordance 'with the provisions of part A of the ISPS Code; and (b) port facility security plans are developed. reviewed, approved and implemented in accordance with the provisions ofpart A ofthe ISPS Code. (2) The Commissioner of Police shall designate and communicate to the port facility operator and the port facility security officer the mea3ures required to be addressed in a port facility security plan for the various security levels, including when the subntission of a Declaration of Security will he required. A28 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 24. Port facilities: duties of port facility operator. (I) Each 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 faciuty operator shall provide the port facility security officer withtheresources,assistanceandsupport necessaryto 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. (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 who fails to comply with this regulation shall be guilty of an offence. 25. Port facility security officers. (I) 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. (2) Any port facility security officer who fails to comply with this regulation shall be guilty of an offence. 26. Drills and exercises. (I) 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 securityofficershallensure the effectiveco-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. 2011 Shipping (Ships and Pan Facilities Security ) Regulations A29 SRO.4 (3) Any contravention of sub-regulation (I ) 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. Supplementary 27. Alternative security arrangements. (I) The Commissioner of Police 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 international voyages on fixed routes between port facilities located within their territories. (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. 28. Equivalent secnrity arrangements. (I )The DirectorofMaritime Affairs, after consultation with the Commissioner of Police, may allow a particular ship or a group of Grenadian 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 as those prescribed in this chapter or part A of the ISPS Code. The Director, where he allows such security measures, shall communicate to the Organisation particulars thereof. (2) (a) When implementing this Part and part A of the ISPS Code. the Commissioner of Police may allow a particular port facility or a group of port facilit ies located within its territory, other than those covered by an agreement concluded under regulation 27, to implement security measures equivalent to those prescribed in this Part orin part Aof /he lSPS Code, provided such security measures are at least as effective as those prescribed in this Partorpart Aofthe ISPS Code. A30 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (b) The Commissioner of Police. where he allows such security measures, shallcommunicate to theOrganisation particularsthereof. 29. Communication of infonnation. (1) The Government shall , not later than I April, 20 11(or, if later, then the date when chapter XI-2 comes into effect in Grenada) communicate to the Organisation and shall make available for the information of Companies and ships: (a) the names and contact details of its national authority or authorities responsible for ship and port facility security; (b) the locations within its territory covered by the approved port facility security plans; (c) the names and contact details of those who have heeo designated to be available at all times to recei ve and act upon the ship-to-shore security alerts, referred to in regulation 11(2)(a); (d) the names and contact details of those who have heen designated to be available atall 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 heen designated to be available at all times to provideadvice or assistance to ships and to whom ships can report any sec urity concerns, referred to in regulation 8(2); and thereafter update such information as and when changes relating thereto occur. (2) The Government shall, not later than the date referred to in sub-regulation (I), communicate to the Organisation the names and contact details of any recognised security organisations authorised to act on its behalftogether with details ofthe specific responsibility and conditions of authority delegated to such organisations. Such information shall be updated as and when changes relating thereto occur. (3)The Commissioner of Police shall, not later than the date referred to in sub-regu lation (I), communicate to the Organisation a/ist showing the approved port facility security plans for the port facilities located within their territory together with 2011 Shipping (Ships and Port Facilities Security) Regulations A 31 SRO.4 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 are to be introduced or-have been introduced. In such cases the information to be communicated shall indicate the changes in the location or locations covered by the plan and the date 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 Organisation. 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 Organisation as soon as is practically possible; and (c) additions 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 alter I July 2004. communicate to the Organisation a revised and updated list showing all the approved port facility security plans for the port facilities located within its 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 Organisation. pursuant to sub-regulation (3). during the preceding five years. (5) The Commissioner of Police shall communicate to the Organisation information that an agreement under regulation 27 has been concluded. The information communicated shall include: (a) the names ofthe Governments which have concluded the agreement; A32 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (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 Organisation information when the agreement has heen amended or has ended. (6) Where the Director of Maritime Affairs allows, under the provisions of regulation 28, any eqnivaient security arrangements with respect to a ship entitled to fly its flag or with respect to a port facility located within its territory, he shall communicate to the Organisation particulars thereof. Enforcement 30. Requirement to provide information. (1) Without prejudice to regulation 21, but subjectto sections 9.8 and 9.9 of part A of the ISPS Code (ship security plans not subject to inspection except in limited circumstances) the Commissioner ofPolice may, by notice in writing served on any of the following persons (a) the owner, charterer, manager or master of any ship which is in, or appears to the Commissioner of Police 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 area of a port facility for the purposes of the activities of a business carried on by him, require that person to provide the Commissioner of Police with such information specified in the notice as the Commissioner may require in connection with the exercise by the Commissioner of his functions under this Part. 2011 Shipping (Ships and Port Facilities Security) Regulations A33 SRO.4 (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 Commissioner. (3) Any such notice may also require the person on whom it is served, after he has furnished to the Commissioner of Police the information required by thenotice. to inform the Commissioner of Police if at any time the information previously furnished to the Commissioner of Police (including any information furnished in pursuance of a requirement imposed by virtue of this sub-regulation) is rendered inaccurate by any change of 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 Commissioner of Police in accordance with sub-regulation (3), it shall require that information to be furnished to him 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 Commissioner of Police, or (b) be varied by a further notice under sub-regulation (1). (6) The Director of Maritime Affairs may in like manner require the owner, charterer. manager or master of any Grenadian ship to provide him with information, and sub-regulations (1) to (5) shall apply as if references to the Commissioner ofPolice were references to theDirector. (7) 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 a statement which is false in a material particular, shall be guilty of an offence. A34 SRO.4 Shipping (Ships and Port Facilities Security) Regulat-ions 2011 31. Powers of inspection. (1) An authorised person shall have power, on production (if required) of his credentials, to inspect (a) any Grenadian ship, (b) any other sbip while in a port facility, (c) any part of any port facility, or (d) 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 perntitted) to have access to a restricted area 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 found 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 ofany 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, as the authorised person may consider necessary for the purpose for which the inspection is carried out. 2011 Shipping (Ships and Port Facilities Security) Regulations A35 SRO.4 (3) Subject to sub-regulation (4), an authorised person, for the purpose of exercising any power conferred on bim by sub-regulation (1) or (2) in relation to a ship, in relation to a port facility or 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 suchsteps 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 inclnde 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 furnisbing any information so required, makes a statement wbicb be knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, . shall be guilty of an offence. 32. False statements relating to baggage, cargo, etc. (I) 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 (i) by a Grenadian ship, or (ii) by any other ship to or from Grenada and (b) is put to him for puiposes of this Part A 36 SRO.4 Shipping (Ships and Port Facilities Security) Regulations (i) by any of the persons mentioned in sub-regulation (2), 2011 (ii) by any employee or agent of such a person in his capacity as employee or agent, or (iii) by a police or customs officer, he makes a statement which he knows to be false in a material particu lar, or recklessly makes a statement which is false in a material particular. (2) The persons referred to in sub-regulation (l)(b) are (a) a port facility operator, (b) the owner, charterer or manager of any ship, and (c) any person wh<> (i) is permitted to have access to a restricted area of a port facility for the purposes ofthe activities ofa business carried on by him, and (ii) has control in that restricted area 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 naval, customs or police service; and "stores" means any goods intended for sale or use in a ship, includ ing fuel and spare parts and other articles of equipment, whether or not for immediate fitting. 33.False statements in connection with Identity documents. ( I) A person shaII be guilty of an offence if 2011 Shipping (Ships and Port Facilities Security) Regulations A37 SRO.4 (a) for the purpose or. 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 (I) are­ (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 area of a port facility for the purposes of the activities of a business carried on by him. 34. Unauthorised presence and activity in restricted areas. (1) A person shall not (a) go, with or without a vehicle or vessel, onto or into any part of a restricted area 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 area after being requested to leave by the port facility operator or a person acting on behalfof the port facility operator. (2) Sub-regulation (1)(a) does not apply unless it is proved that, at the material time, notices staling thaI the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the restricted area. A38 SRO.4 Shipping (Ships and Port Facilities Security) Regulations (3) A person shall not 2011 (a) pass or transit within ISO feet of any vessel moored, berthed or anchored in any port or harbour area, or (b) remain within ISO feet of any vessel after being requested to leave such area by the port facility operator or vessel operator, or a person acting on behalf of a vessel or port facility, or a police or Customs officer. (c) pass or transit under or within ISO feet of any berth, jetty, dock or wharf, or mooring point or off-shore connecting point which accommodates or services vessels engaged in the carriage of goods or passengers except such passage or transit is along a fairway or channel designated by the port facility operator and provided such passage or transit is innocent. (4) A person shall not (a) attempt to or enter or leave any port facility except through a designated entry or exit or access gate or point; (b) attempt to or enter or leave any port facility in contravention of the procedures for entry and exit established by the port facility operator; (c) disembark any person or deposit any package or item at any port facility or part thereof without the prior approval of the port facility operator, and in accordance with the procedures of the operator for such disembarkation or deposit; (d) deface, remove or tamper with any sign posted for public information or security or safety purposes by a port facility operator; (e) interfere with or disable or cause damage to any security or safety device or apparatus installed and operated by any port facility operator. (5) A person who contravenes any of these sub-regulations shall be guilty of an offence. 35. Offences relating to authorised persons, A person who 2011 Shipping (Ships and Port Facilities Security) Regulations A39 SRO. 4 (a) intentionally obstructs an authorised person acting in the exercise of a power conferred on him by or under these Regulations. or (b) falsely pretends 10 be an authorised person . shall be guilty of an offence. 36. Penalties, defences, etc. (I) A person guilty of an offence under this Part is liable (a) if he so chooses. 10 a fixed penalty of $5000 payable 10 the Director of Maritime Affairs. or (h) 0 0 summary conviction. to a fine not exceeding $150,000; (c) on conviction on indictment, 10 a fine or 10 impri sonment for a term not exceeding Iwo years or 10 both . (2) It shall be a defence for a person charged under sub-regulation (I) 10 show that he loo k all reasonable precautions and exercised all due diligence to avoi d the commission of the offence. (3) Where an offence under this section is committed. or would have been committed save for Ihe operation of sub-regulation (2). by any person due 10 the acr Or default of some other person, thaI 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 nOI proc eedings are taken against the first mentioned person. PART II CONTINUOUS SYNOPSIS RECORD 37. Continuous Synopsis Record. (I ) This regulation applies to all ships engaged on international voyages. except (a) ships of war and troop ships; (b) cargo ships of less than 500 Ions; (c) ships nor propelled by mechanical means; A40 SRO.4 Shipping (Ships and Port Facilities Security) Regulations (d) wooden ships of primitive build; (e) pleasure vessels not engaged in trade; and (t) fishing vessels. 2011 (2) (a) All ships shall be provided with a Continuous Synopsis Record for the purpose of providing an on-board record of the history ofthe ship with respect to the information recorded therein. (h) For ships constructed before I July 2004, the Continuous Synopsis Record shall, at least, provide the history of the ship as from I July 2004. (3) The Continuous Synopsis Record shall be issued by the Director of Maritime Affairs to each Grenadian ship and it shall contain at least, the following information: (a) the name of Grenada; (h) the date on which the ship was registered with Grenada; (c) the ship's identification number in accordance with the Shipping (Registration) Regulations 1997; (d) the name of the ship; (e) the port at which the ship is registered; (t) the name of the registered owner(s) and their registered addressees); (g) the name of the registered bareboat charterer(s) and their registered addressees), if applicable; (h) the name of the Company, its registered 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; 2011 Shipping (Ships and Port Facilities Security ) Regulations A41 SRO.4 (j) the name of the Director of Maritime Affairs or of the Contracting Government or of the recognised organisation which has issued the Document ofCompl iance (or the Interim Documentof Compliance), specified in the ISM Code, to the Company operating the ship and the name of the hody 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 Director of Maritime Affairs or of the Contracting Government or of the recognised organisation 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 thaI issuing the certificate; (I) the name of the Director of Maritime Affairs or of the Contracting Government orofthe recognised security organisation that has issued the International ShipSecurity Certificate (or an Interim International Ship Security Certificate), specified in part A of the ISPS Code, to 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 Grenada. (4) The Continuous Synopsis Record shall be kept on hoard 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 10 the entries referred 10 in paragrapb (a), the Director of Maritime Affairs shall issue, as soon as is practically possible bUI not tater than three months from the dale of the change, to the ships entitled 10 fly the Grenada flag either a revised and updated version of the Continuous Synopsis Record or appropriate amendments thereto. A42 SRO.4 Shipping (Ships and Port Facilities Security) Regulations 2011 (c) (i) In case of any changes relating to the entries referred to in paragraph (a), the Director of Maritime Affairs, pending the issue of a revised and updated version of the Continuous Synopsis Record, shall authorise andrequire 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 Director of Maritime Affairs accordingly. (6) (a) The Continuous Synopsis Record shall be in the format developed by the Organisation and shall be maintained in accordance with gnidelines developed by the Organisation. Any previous entries in the Continuous Synopsis Record shall not be modified, deleted or, in any way, erased or defaced. 38. Transfer of flag by ship. (I) Whenever a ship is transferred to the flag of another State or the ship is sold to another owner (or is taken over by 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 Director of Maritime Affairs of the name of the State under whose flag the ship is to be transferred so as to enable the Director to forward to that State a copy of the Continuous Synopsis Record covering the period during 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 Director of Maritime Affairs shall transmit to the 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 Grenada's jurisdiction together with any Continuous Synopsis Records previous issued to the ship by other States. (4) When a ship is transferred to the flag of another State, the Director of Maritime Affairs shall append the previous Continuous Synopsis Records to the Continuous Synopsis Record the Director will issue to the ship so to provide the continuous history record intended by this regulation. 20IJ Shipping (Ships and Port Facilities Security) Regulations A43 SRO.4 39. Offences and penalties. It shall bean offence by the Company. in relation to each of its ships, not (a) to provide to the Director of Maritime Affairs the information required by sub-regulation (3) if requested by the Director ; (b) to inform the Director of Maritime Affairs of the changes referred to in sub-regulation (5); (c) to make the changes in the Continuous Synopsis Record as he is required to make under sub-regulation (5)(c); (d) to inform the Director of Maritime Affairs as is required by sub-regulation (5)(c)(ii); or (e) to ensure the Continuous Synopsis Record is left on the ship and is available for inspection as required by sub-regulation (4), punishable by a fine not exceeding $150.000; (a) make any changes in the Continuous Synopsis Record he is required to make under sub-regulation (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), punishable by a fine not exceeding $75.000. Made by the Minister this 17th day of February. 20 I!. V NAZlM BURKE Minister responsible for Shipping. GRENADA PRINTED BY l1IE GOVERNMENT PRINTER, AT 1llE GOVERNMENT PRINTING OFFICE, ST.GEORGE'S ttl3l2Ott