ENFORCEMENT DECREE OF THE INTERNATIONAL SHIP AND PORT FACILITY SECURITY ACT
Presidential Decree No. 20586, Jan. 31, 2008
Amended by Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21556, jun. 25, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22330, Aug. 11, 2010
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26310, jun. 9, 2015
Presidential Decree No. 28080, May 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29214, Oct. 2, 2018
| Article 2 (Formulation, etc. of National Port Security Plans) |
| 1. | Matters concerning education and training plans for port facility security officers, etc. under Article 5 (3) 6 of the Act or education and training plans for port facility security officers, etc., in port under jurisdiction under Article 3 (1) 6; |
| 2. | Matters concerning changes in national port security plans under Article 5 (1) of the Act (hereinafter referred to as "national port security plans"); and regional port security plans under Article 5 (5) of the Act (hereinafter referred to as "regional port security plans") in accordance with the change of organization or jurisdiction of the public office of oceans and ports, upon the enactment or amendment of statutes and regulations. |
| (2) | Where insignificant matters referred to in each subparagraph of paragraph (1) are modified under the proviso of Article 5 (8) of the Act, the following classified procedures shall be omitted: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 2. | Regional port security plans: Approval from the Minister of Oceans and Fisheries and consultation with the heads of national security agencies under Article 5 (6) of the Act. |
| Article 3 (Details, etc. of Regional Port Security Plans) |
| 1. | Basic policy concerning the security of ports under jurisdiction; |
| 2. | Mid-term and long-term direction-setting for policy concerning the security of ports under jurisdiction; |
| 3. | Roles of the relevant administrative agency concerning the port facility security of ports under jurisdiction; |
| 4. | Roles of the owners of port facilities in ensuring the security of ports under jurisdiction; |
| 5. | Installation of security facilities and equipment and posting of security and search manpower in ports under jurisdiction; |
| 6. | Plans for education and training of port facility security officers, etc. in ports under jurisdiction; |
| 7. | Measures necessary to prepare for and respond to security incidents in ports under jurisdiction; |
| 8. | Other matters necessary to ensure the security of ports under jurisdiction. |
| (2) | Where the administrator of a regional office of oceans and fisheries intends to formulate regional port security plans under Article 5 (9) of the Act, he/she may gather consensus from the owners of port facilities and reflect their opinions in the plans, if necessary. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 28080, May 29, 2017> |
| (3) | The administrator of a regional office of oceans and fisheries shall notify the head of a national security agency under his/her jurisdiction of the regional port security plans formulated. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 28080, May 29, 2017> |
| Article 4 (Establishment and Adjustment, etc. of Levels of Security) |
| (1) | Where the Minister of Oceans and Fisheries intends to establish or adjust levels of security under Article 6 (1) and (2) of the Act, he/she shall consider the following: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Concreteness, urgency and credibility of the information on risks that may lead to a security incident; |
| 2. | Degree of damage expected in the event of a security incident. |
| (2) | The levels of security under paragraph (1) shall be classified as follows: |
| 1. | Security level 1: An ordinary level, where the minimum security measures can be maintained as usual when ships on international voyage and port facilities operate normally; |
| 2. | Security level 2: An alert level, where stronger security measures must be maintained for a certain period when a growing risk of a security incident exists in ships on international voyage and port facilities; |
| 3. | Security level 3: An emergency level where the highest level of security measures must be maintained for a certain period when a high risk of security incident in ships on international voyage exists or a security incident seems imminent. |
| (3) | The Minister of Oceans and Fisheries may establish or adjust levels of security for ships on international voyage based on the characteristics of operation by each type, course or water; and may establish or adjust levels of security for port facilities considering the distinctive functions of each port or port facility unit. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 5 (Ships Subject to Consultation with National Security Agencies) |
“Ships prescribed by Presidential Decree” in Article 10 (4) of the Act means any of the following: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Ships designated as protective equipment under Article 36 of the Regulations on Security Work; |
| 3. | Ships transporting items necessary for national security such as explosives or weapons, for which the heads of national security agencies have requested consultation; |
| 4. | Other ships for which the Minister of Oceans and Fisheries deems that consultation with the heads of national security agencies is necessary to approve ships security plans under Article 10 of the Act (hereinafter referred to as “ships security plans”). |
| Article 6 (Validity of International Ship Security Certificates, etc.) |
| (1) | The term of validity of an international ship security certificate referred to in Article 13 (1) of the Act shall be five years from issuance; and the term of validity of an interim international ship security certificate shall be six months from issuance: Provided, That an interim international ship security certificate shall be deemed expired when an international ship security certificate is issued before the expiration of an interim international ship security certificate. |
| (2) | Notwithstanding the main sentence of paragraph (1), the term of validity of an international ship security certificate shall be classified as follows: |
| 1. | Where the ship fails to undergo an interim security examination within the period of the interim security examination under Article 11 (1) 3 of the Act: Three years from the date a relevant international ship security certificate is issued; |
| 2. | Where the ship undergoes an interim security examination within the period of the interim security examination under Article 11 (1) 3 of the Act, but fails to pass the examination and the period expires: From the date the ship passed an interim security examination after the validity of its international ship security certificate is suspended until the date the international ship security certificate expires; |
| 3. | Where the ship undergoes an interim security examination before the period of the interim security examination under Article 11 (1) 3 of the Act: Three years from completion of an interim security examination; |
| 4. | Where the registration of the ship is cancelled during the validity period, the nationality of the ship is changed due to the trading, etc. of the ship or the operation and management responsibility for the ship is transferred to or taken over by another company: From the date the relevant international ship security certificate was issued until the day prior to the date the registration of the ship is cancelled, the nationality of the ship is changed due to the trading of the ship, or the operation and management responsibility for the ship is transferred to or taken over by another company; |
| 5. | Where a renewed security examination completed before the period of a renewed security examination under Article 11 (1) 2 of the Act: An international ship security certificate issued immediately before the renewed security examination shall be valid from the date the relevant international ship security certificate is issued until the date a new international ship security certificate is issued upon the renewed security examination; |
| 6. | Where a renewed security examination completed after the period of the renewed security examination under Article 11 (1) 2 of the Act: An international ship security certificate newly issued upon the renewed security examination shall be valid from the date the relevant international ship security certificate is issued until the date five years have passed since the expiration of the international ship security certificate issued immediately before the relevant renewed security examination. |
| (3) | The cases where the term of validity of international ship security certificates may be extended under Article 13 (2) of the Act and the period extendable shall be as follows: |
| 1. | Where it is impossible to call at a port where the ship security examination is scheduled, in extenuating circumstances such as a rebellion in the country with jurisdiction over the port where the ship is scheduled to undergo an inspection: Within three months; |
| 2. | Where a renewed security examination was completed in a foreign country before the expiration of the international ship security certificate, but no new international ship security certificate has yet been issued in the port where the security examination was completed, due to the operation schedule, etc. of ships on international voyage: Within five months. |
| (4) | The procedures for extending the validity of an international ship security certificate under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 7 (Corrective and Complementary Measures or Orders to Suspend Navigation Against Owners of Ship on International Voyage) |
| (1) | Where a ship on international voyage, the security management system of which was examined under Article 20 (3) of the Act, falls under any of the following cases, the Minister of Oceans and Fisheries may order the owner of the ship in question to take corrective and supplementary measures: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28080, May 29, 2017> |
| 1. | Where security equipment necessary for the prevention of a security incident has not been installed or requires repair; |
| 2. | Where the staff responsible for ensuring security need to be trained to prevent a security incident; |
| 3. | Where the findings of ship security assessment under Article 9 of the Act are not reflected fully and thus the ship security plan requires revision and supplementation. |
| (2) | Where a ship on international voyage, the security management system of which was examined under Article 20 (3) of the Act, falls under any of the following cases, the Minister of Oceans and Fisheries may order the owner of the ship in question to suspend navigation: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28080, May 29, 2017> |
| 1. | Where persons in charge of security duties or seamen of the ship are deemed to substantially lack understanding of the security management system and security status of the ship and to be unable to perform the security duties of the relevant ship on international voyage; |
| 2. | Where the relevant documents, such as an international ship security certificate and ship history logbook required to be kept in ship on international voyage, are not kept or an international ship security certificate has already expired; |
| 3. | Where the ship on international voyage is expected to be subject to such measures as suspending departure from ports, denying entry or expelling in cases of port state control on the grounds that the ship fails to prepare required security equipment or that its security management system fails to meet the standards prescribed in international agreements or statutes and regulations. |
| (3) | Where the Minister of Oceans and Fisheries intends to order the owner of a ship on international voyage to take corrective and supplementary measures or to suspend navigation under paragraphs (1) and (2), he/she shall inform the owner of the details thereof in writing (including by electronic means). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28080, May 29, 2017> |
| Article 8 (Consultation over Port Facility Security Assessment) |
If requested by the director of the National Intelligence Service upon consultation under the latter part of Article 24 (1) of the Act, the Minister of Oceans and Fisheries may conduct a port facility security assessment in connection with the implementation of the security measurement under Article 37 of the Regulations on Security Work. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>
| Article 9 (Special Port Facility Security Examinations, etc.) |
If requested by the director of the National Intelligence Service following the consultation under the latter part of Article 26 (2) of the Act, the Minister of Oceans and Fisheries may conduct a special port facility security examination in connection with the examination of security incidents under Article 38 of the Regulations on Security Work. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 26310, Jun. 9, 2015>
| Article 10 (Validity of Port Facility Conformity Certificates) |
| (1) | The term of validity of a port facility conformity certificate under Article 28 (1) of the Act shall be five years from issuance. |
| (2) | Where grounds arise making it impracticable to undergo a renewed security examination during the period of the renewed security examination under Article 26 (1) 2 of the Act due to the change of important security situations such as a natural disaster or security incident, the owner of port facility may file an application to extend the validity of a port facility conformity certificate pursuant to Article 28 (2) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Upon receipt of a request for extending the validity of a port facility conformity certificate from the owner of the port facility under paragraph (2), the Minister of Oceans and Fisheries may extend its validity by up to three months after reviewing the validity of the grounds therefor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The procedures for filing applications for extension of the validity of a port facility conformity certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 11 (Entry Process, etc. of Port Facilities) |
| (2) | Any person who intends to enter an area under paragraph (1) shall observe the following: |
| 1. | Not to lend the pass to others nor to use it for other than the original purpose of issuance; |
| 2. | To display the pass on his/her chest in order for the staff in charge of guard and search duties or others to see when he/she enters the relevant area; |
| 3. | Where the pass has been lost, to report it to the person who issued it without delay and provide explanation; |
| 4. | To enter only the area allowed at the time of issuance of the pass; |
| 5. | Where the pass becomes unnecessary due to transfer, retirement or attainment of the purpose of issuance, to return it to the person who issued it without delay; |
| 6. | To comply with control, such as inspection and search, by the staff responsible for security duties. |
| (3) | The Minister of Oceans and Fisheries may determine the matters which require cooperation of entrants and matters necessary for the control of entrants to maintain the security of the area under paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 12 (Composition, Operation, etc. of Security Committee) |
| (1) | The vice chairpersons of the international ship and port facility security committee (hereinafter referred to as "security committee") shall be the director for marine and distribution and the director for maritime safety of the Ministry of Oceans and Fisheries; and the member of the security committee shall be a person recommended by the head of the relevant agency, from among the public officials of Senior Civil Service Corps who belong to the National Intelligence Service, the Ministry of Justice, the Ministry of National Defence, the Ministry of Health and Welfare, the Korea Customs Service, the National Police Agency, and the Korea Coast Guard under Article 34 (6) of the Act and other public officials corresponding thereto. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21556, Jun. 25, 200 9; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of Oceans and Fisheries may allow experts on the security of ships or port facilities, to attend the security committee meetings and listen to their opinions. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Other matters necessary for the operation of the security committee shall be determined by the chairperson of the security committee upon deliberation by the committee. |
| Article 13 (Conclusion of Agreements) |
Where the Minister of Oceans and Fisheries concludes an agreement with a person who performs the duties of a security examiner concerning port facility security examination and security of ships on international voyage as proxy (hereinafter referred to as "agency") under Article 38 (1) of the Act, the following details shall be included in the agreement: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Scope of duties to be performed by proxy; |
| 2. | Period for performance by proxy; |
| 3. | Other requirements to be met for the performance of the security duties as proxy. |
| Article 14 (Requirements for Designation of Security Education Institutions) |
The requirements for designation of security education institutions under Article 40 (2) of the Act shall be as provided for in attached Table 1.
| Article 14-2 (Methods, etc. of Collecting Port Facility Security Charges) |
| (1) | The rates of port facility security charges under Article 42 (1) of the Act (hereinafter referred to as “port facility security charges”) shall be determined in consideration of the direct expenses paid for security guards, security checking staff, security facilities and equipment, etc. necessary to ensure and maintain security for port facilities and to conduct security checking of passenger ships on international voyage under Articles 31 (1) and 31-2 of the Act, as well as the useful life of security facilities, equipment, etc. <Amended by Presidential Decree No. 28080, May 29, 2017; Presidential Decree No. 29214, Oct. 2, 2018> |
| (2) | The port facility security charges may be collected from the owners of ships on international voyage, passengers and shippers using the relevant port facility according to the following classification: <Amended by Presidential Decree No. 26310, Jun. 9, 2015> |
| 1. | The owners of ships on international voyage: Gross tonnage of ships (per ton); |
| 2. | Passengers: Based on one person; |
| 3. | Shippers: Quantity of freight (per ton, TEU, BARREL). |
| (3) | The owners of port facility may collect port facility security charges individually from the owners of ships on international voyage, passengers and shippers using the relevant port facility or from the owners of ships on international voyage, in a lump after consultation with the owners of ships on international voyage. |
| (4) | Where port facility security charges are collected under paragraph (3), the port facility security charges for ships, port facility security charges for passengers and port facility security charges for freights may be included in the ship fees, in the charges or fees for using passenger terminal and in terminal charges or freight fees, respectively, and be notified accordingly. <Amended by Presidential Decree No. 26310, Jun. 9, 2015; Presidential Decree No. 28080, May 29, 2017> |
| (5) | The Minister of Oceans and Fisheries shall determine and publicly notify the standards for collection rates of port facility security charges considering the burden on users of port facility and equity among port facilities, matters to be considered in calculating port facility security charges, and other necessary matters. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 28080, May 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22330, Aug. 11, 2010]
| Article 15 (Delegation of Authority) |
The Minister of Oceans and Fisheries shall delegate the following authority to the administrators of regional office of oceans and fisheries: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 22330, Aug. 11, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28080, May 29, 2017; Presidential Decree No. 28211, Jul. 26, 2017>
| 2. | Receipt of the notification of designation of company security officer and the change thereof under Article 7 (2) of the Act; |
| 6. | Issuance of international ship security certificates, indication of the examination findings, and issuance of interim international ship security certificates under Article 12 (1) through (3) of the Act; |
| 8. | Issuance of ship history logbooks and changes under Article 16 (1) and (2); |
| 9. | Receipt of the notification of the nationality change of ships on international voyage by their owners and notification to the maritime transportation authorities of the relevant country under Article 16 (3) of the Act; |
| 10. | Port state control under Article 19 (1) through (3) of the Act, such as suspending departure from ports, restrictions on movement, requests for correction, expelling or measures corresponding thereto for ships; |
| 12. | Orders to take measures such as restrictions on movement, requests for correction, examination of ships, or denying entry under Article 19 (6) of the Act; |
| 17. | Notification of designation of port facility security officers and receipt of the notification of changes thereof under Article 23 (2) of the Act; |
| 19. | Port facility security assessments, consultations with related national security agencies, and notification of the findings of port facility security assessments, and reassessments thereof under Article 24 (1) through (3) of the Act; |
| 20. | Approval of port facility security plans, approval to amend the same, and consultations with related national security agencies under Article 25 (3) and (4) of the Act; |
| 21. | Conducting port facility security examinations, special port facility security examinations and consulting related national security agencies under Article 26 of the Act; |
| 22. | Issuance of port facility conformity certificates and indication of examination findings under Article 27 of the Act; |
| 23-2. | Designation of a company entrusted with security control and checking for port facilities under Article 31 (3) through (5) of the Act, cancellation of designation thereof, and hearings; |
| 24. | Receipt of reports on information on port facility security and requests for the provision of information on port facility security under Article 32 of the Act; |
| 30-2. | Approval of the collection rates of port facility security charges and approval to amend the same under Article 42 (2) of the Act; |
| Article 16 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]
ADDENDUM
This Decree shall enter into force on February 4, 2008.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21556, Jun. 25, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22330, Aug. 11, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
Article 4 (Transitional Measures concerning Penalties and Administrative Fines)
| (1) | For the purposes of applying the standards for imposing penalties or administrative fines against violations committed before this Decree enters into force, the former provisions shall apply. |
| (2) | No penalties or administrative fines imposed against the violations committed before this Decree enters into force shall be included in calculating the number of violations under the amended provisions of this Decree. |
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26310, Jun. 9, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28080, May 29, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees amended under Article 8 of the Addenda, which were promulgated before this Decree enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29214, Oct. 2, 2018>
This Decree shall enter into force on October 18, 2018.