ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2017 No. 406

About approval of Rules and requirements for protection of courts and port means

According to subitem 55-36) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" I ORDER:

1. Approve enclosed:

1) Governed on protection of courts and port means according to appendix 1 to this order;

2) Requirements for protection of courts and port means according to appendix 2 to this order.

2. To provide to committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of June 30, 2017 No. 406

Rules on protection of courts and port means

Chapter 1. General provisions

1. These rules on protection of courts and port means (further - Rules) are developed according to subitem 55-36) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and determine procedure for the organization of protection of courts and port means.

2. Action of these rules extends on:

1) the cargo ships floating under National flag of the Republic of Kazakhstan, making the international flights with a gross tonnage of 500 and more register tons;

2) the passenger ships floating under National flag of the Republic of Kazakhstan, making the international flights;

3) the port means servicing the vessels specified in subitems 1) and 2) of this Item.

3. These rules do not extend to the vessels floating under the flag of Naval forces of the Republic of Kazakhstan and sea parts of the border service of Committee of homeland security of the Republic of Kazakhstan.

4. In these rules the following basic concepts are used:

1) interaction of the vessel with port means or other vessel - interaction when the vessel is directly and directly affected by the actions connected with movement of people, loads or provision of port services to the vessel either from the vessel or from the vessel on other vessel;

2) the Declaration on protection - the agreement between the vessel and port means or with other vessel with which it will interact, concerning protection measures which each party will take according to provisions of the approved plan of protection;

3) authorized body - the central executive body performing management in the field of merchant shipping and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

4) the plan of protection of the vessel - the plan developed for ensuring application of the measures on the vessel intended for protection of people, load, unit transport loads, ship stores or the vessel from risks of violation of protection;

5) the plan of protection of port means - the plan developed for ensuring accomplishment of the measures intended for protection of port means and courts, their loads, unit transport loads, people and ship stores against risks of violation of protection in the territory of port means;

6) the face of command structure responsible for protection of the vessel - the person accountable to the captain appointed by the shipowner for the solution of questions of ensuring protection of the vessel including accomplishment of the plan of protection of the vessel and communication with the official of the shipowner responsible for protection and with the official of port means responsible for protection;

7) the official of the shipowner responsible for protection - person designated by the shipowner for ensuring evaluating protection of courts, development, representation on approval and the subsequent accomplishment of plans of protection of courts and for communication with the officials of port means responsible for protection, and with face of the command structure responsible for protection of the vessel;

8) the official of port means responsible for protection - person designated by the owner of seaport or operator of maritime terminal responsible for development, accomplishment and review of the plan of protection of port means, and for communication with the faces of command structure responsible for protection of courts, and with the officials of the shipowner responsible for protection;

9) the level of protection 1 - the level in case of which the minimum adequate measures on ensuring protection are constantly supported;

10) the level of protection 2 - the level in case of which because of the increased risk of incident, during some period of time the adequate additional measures on ensuring protection are supported;

11) the level of protection 3 - the level in case of which in some limited period during which incident is probable or inevitable further special measures for ensuring protection are supported though sometimes it is impossible to determine specific purpose of attack.

Chapter 2. Procedure on protection of courts

5. For implementation of protection of courts the following procedure is observed:

1) evaluating protection of the vessel;

2) preparation of the report on evaluating;

3) plan development of protection of the vessel;

4) approval of the plan of protection of the vessel.

6. For evaluating protection of the vessel the official of the shipowner responsible for protection considers threats of all ports and port means where the vessel will come, and also measures of their protection.

7. When evaluating protection of the vessel it is necessary to pay attention to the following elements on the vessel:

1) safety of appliances;

2) constructional integrity of the vessel;

3) systems of protection of personnel;

4) approach to operations procedure on the vessel;

5) radio systems and other communication systems, including computer systems and networks;

6) other that is damaged or used for interception of information creating risk for people, property, ship transactions, or transactions within port means.

All elements are carried out in accordance with the terms of stipulated in Item 2 rules 4 of Chapter XI-2 of the International convention on protection of human life at the sea (further - SOLAS), Item 8.4 of part A and the Section 8 of part B of the International code on protection of courts and port means (further - the Code of OSPS).

8. When evaluating protection of the vessel are considered what faces, types of activity, services and transactions are important subjects to protection.

9. By results of assessment of protection of the vessel the report including information prepares:

1) procedure for the carried-out assessment;

2) description of each vulnerable object;

3) the taken measures concerning each vulnerable object.

10. The report on evaluating protection of the vessel affirms the official of the shipowner responsible for protection, and is protected from unauthorized access and disclosure.

11. Based on the report on evaluating protection of the vessel the official of the shipowner responsible for protection provides plan development of protection of the vessel.

12. In case of plan development of protection of the vessel requirements of Items 9.2 and 9.7 of the Section 9 of part B of the Code of OSPS are considered.

13. The plan of protection of the vessel provides the security measures taken in case of protection levels 1, of 2, 3 according to Items 9.9 - 9.49 Sections 9 of part B of the Code of OSPS which regulate:

1) procedure for access to the vessel of crew members, passengers, visitors and other persons;

2) sites of limited access on the vessel;

3) load handling;

4) delivery of ship stores;

5) handling of unaccompanied baggage;

6) control of security of the vessel.

The authorized body informs (in any form) the vessels floating under national flag of the Republic of Kazakhstan about applicable levels of protection 1, of 2, 3.

14. The plan of protection of the vessel provides how it is necessary to be effective in case of receipt from port means of request about execution of the Declaration on protection and under what circumstances the vessel should draw up the Declaration on protection.

15. The official of the shipowner responsible for protection and the face of command structure responsible for protection of the vessel, in respect of protection of the vessel the procedure for evaluating efficiency of the plan and preparation of amendments to already approved plan provide.

16. The plan of protection of the vessel and the amendment to it are approved by the Shipping register or foreign classification societies recognized by authorized body according to subitem 55-7) of Item 3 of article 4 of the Law.

17. The face of command structure responsible for protection of the vessel keeps the records specified in Item 10.1 of part A of the Code of OSPS which are stored on the vessel one year.

Chapter 3. Procedure on protection of port means

18. For implementation of protection of port means the following procedure is observed:

1) evaluating condition of protection of port means;

2) preparation of the report on evaluating;

3) plan development of protection of port means;

4) approval of the plan of protection of port means.

19. Assessment of protection of port means includes the following elements:

1) determination and assessment of property and infrastructure which protection is important;

2) determination of possible threats to property and infrastructure, probability of their realization for the purpose of taking measures to ensuring protection and priority of carrying out these measures;

Identification and the choice died 3), establishment of their priority and procedural changes, and also determination of levels of their efficiency for decrease in vulnerability;

4) identification of weak points in infrastructure and systems of protection of personnel, including human factor.

All elements are carried out in accordance with the terms of stipulated in Item 2 rules 10 of Chapter XI-2 SOLAS, Item 15.4 of part A and the Section 15 of part B of the Code of OSPS.

20. By results of assessment of protection of port means the report including information prepares:

1) procedure for the carried-out assessment;

2) description of each vulnerable object;

3) the taken measures concerning each vulnerable object.

21. On the basis of the report of assessment of protection of port means the plan of protection of port means answering to the interaction purposes the vessel - port is developed for each port means.

22. In case of plan development of protection of port means requirements of Items 16.3 and 16.8 of the Section 6 of part B of the Code of OSPS are considered.

23. The plan of protection of port means provides the security measures taken in case of protection levels 1, of 2, 3 according to Items 16.10 - 16.54 Sections 9 of part B of the Code of OSPS which regulate:

1) access to port means;

2) sites of limited access within port means;

3) load handling;

4) delivery of ship stores;

5) handling of unaccompanied baggage;

6) control of security of port means.

24. If the operator, location, operation, the equipment and the device of port means are similar, their consolidation in one plan or assessment of protection of port means is allowed.

25. Storage of the plan electronically is allowed if it is protected by the procedures directed to prevention of unauthorized deleting of information, its misstatement and modification.

26. The valuation report of protection of port means and the plan of protection of port means and the amendment to them are approved by authorized body according to subitem 55-35) of Item 3 of article 4 of the Law.

Appendix 2

to the Order of the Minister of investments and development of the Republic of Kazakhstan of June 30, 2017 No. 406

Requirements for protection of courts and port means

1. These Requirements for protection of courts and port means are developed according to subitem 55-36) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" and determine requirements to protection of courts and port means.

2. The official of the shipowner responsible for protection records all the received data necessary for assessment of condition of protection of the vessel, and also involves experts in the field of protection.

3. In case of development of measures of protection of the vessel by the official of the shipowner responsible for protection and the face of command structure responsible for protection of the vessel, convenience, comfort and respect for interests of private life of crew members of the vessel, and also their capability to preserving professional suitability during the long period of time are considered.

4. The plan of protection of the vessel it is necessary to provide detailed procedures and measures of protection which the vessel could apply in situation when higher level of protection acts on it, than that which is effective in port means.

5. The plan of protection of the vessel is developed in working language of the vessel. If the used language or languages are not English, French or Spanish, then the plan is in addition translated to one of these languages.

6. The plan of protection of the vessel is stored onboard the vessel together with the international certificate about protection of the vessel (the interim certificate on protection of the vessel).

7. The declaration on protection consists in form, according to Amendment 1 to part B of the Code of OSPS.

The minimum storage duration of the Declaration on protection at least 90 days after the end of interaction of the vessel with port means or other vessel.

8. The valuation report of protection of port means is protected from unauthorized access and disclosure.

9. The plan of protection of port means is constituted in the state and Russian languages, protected from unauthorized access and disclosure.

10. Assessment of protection of port means and plan development of protection of port means is performed by the organization determined by authorized body according to subitem 55-37) of Item 3 of article 4 of the Law.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info