Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.
Issue link: https://uscgproceedings.epubxp.com/i/284910
49 Spring 2014 Proceedings www.uscg.mil/proceedings notify those governments and the U.S. State Department of any lapses found, provide technical assistance to correct security defciencies that could potentially affect U.S. port security and, if necessary, recommend conditions of entry for any vessel arriving from a foreign port that does not maintain effective antiterrorism measures. 2 However, a nation must demonstrate governmental stability and viable security policies, before it can effectively imple- ment such measures. Stated another way, nations lacking effective rule of law are unlikely to have effective antiter- rorism measures in their port facilities. Therefore, in addi- tion to IPS Program officer physical assessments, Coast Guard attorneys also evaluate the port security laws and regulations to ensure that proper procedures are in place to protect U.S.-bound shipping. Where governance is lacking, the Coast Guard is similarly situated to provide maritime trading partners with regulatory development advice and assistance. International Port Security Standards However, as the international port security concept is more than a decade old, port security discussions have evolved. While the international community undoubtedly made great improvements to port security with the advent of the ISPS Code, it is only mandatory in part and does not defne offenses, suggest penalties, empower law enforcement, enable prosecutions, or allow for incident response. As a result, many developing nations that have simply adopted the ISPS Code verbatim or by reference are left without meaningful compliance enforcement or incident response measures. Relying solely on the ISPS Code, when operating abroad, the Coast Guard would be similarly limited in terms of assessment and capacity-building assistance. In recent years, however, many countries have come to rec- ognize the commercial value of improved port security reg- ulatory standards and have taken steps to elevate the quality of their respective port security regulations to include spe- cifc enforcement, incident response, and compliance provi- sions. However, as the Coast Guard began to piece together the seemingly overwhelming library of international port security law drafted in response to 9/11, it became clear that despite philosophical differences, the various law and regulatory documents produced around the world refected common approaches and themes regarding facility admin- istration, prohibitions, procedures, personnel duties, and violation and offense adjudication. Model Port Security Compendium As a result, USCG ISP Program attorneys developed the Model Port Security Compendium (MPSC) and incorporated International Port Security Program offces. Spring2014_FINAL.indd 49 3/21/14 11:14 AM