Q) Important definations of ISM

International Safety Management (ISM) Code means the International

Management Code for the Safe Operation of Ships and for Pollution
Prevention as adopted by the Assembly, as may be amended by the
Organization.
Company means the owner of the ship or any other organization or person such as
the manager, or the bareboat charterer, who has assumed the responsibility
for operation of the ship from the shipowner and who, on assuming such
responsibility, has agreed to take over all the duties and responsibility
imposed by the Code.
Administration means the Government of the State whose flag the ship is entitled
to fly.
Safety Management System means a structured and documented system enabling
Company personnel to implement effectively the Company safety and
environmental protection policy.
Document of Compliance means a document issued to a Company which complies
with the requirements of this Code.
Safety Management Certificate means a document issued to a ship which signifies
that the Company and its shipboard management operate in accordance with
the approved safety management system.
Objective evidence means quantitative or qualitative information, records or
statements of fact pertaining of safety or to the existence and implementation
of a safety management system element, which is based on observation,
measurement or test and which can be verified.
Observation" means a statement of fact made during a safety management audit
and substantiated by objective evidence. It may also be a statement made by
the auditor referring to a weakness or potential deficiency in the SMS which,
if not corrected, may lead to a nonconformity in the future.
Non-conformity means an observed situation where objective evidence indicates
the non-fulfillment of a specified requirement.
Major non-conformity means an identifiable deviation that poses a serious threat to
the safety of personnel or the ship or a serious risk to the environment that
requires immediate corrective action or the lack of effective and systematic
implementation of a requirement of this Code.
Anniversary date means the day and month of each year that corresponds to the
date of expiry of the relevant document or certificate.
Convention means the International Convention for the Safety of Life at Sea, 1974
as amended.

"Audit" means a process of systematic and independent verification, through the

collection of objective evidence, to determine whether the SMS complies
with the requirements of the ISM Code and whether the Safety Management
System (SMS) is implemented effectively to achieve the Code’s objectives.
The Company should carry out internal safety audits on board and ashore at
intervals not exceeding twelve months to verify whether safety and pollution-
prevention activities comply with the SMS. In exceptional circumstances,
this interval may be exceeded by not more than three months.

Q) Briefly describe DOS and CSR as per ISPS code.

DOS

A Declaration of Security (DOS) is a declaration that addresses the security

requirements that could be shared between a port facility and a ship (or between
ships) and will state the responsibility for security each shall take.
It is an agreement between both partieS. The DoS is effectively a contract between
a ship and a port facility or a ship and another ship that confirms the security
responsibilities of each party during the ship/ship interface or ship/port interface.
On an operational basis, a DoS may be requested by either a PFSO or SSO within
the terms of the ISPS code.
Ships must have available copies of any DoS from the last ten calls at port facilities
(including ship-to-ship interfaces) for inspection by officers duly authorised by a
port facility’s Government. This should be kept with any other information about
its last ten
calls at port facilities (see ISPS Code Part B paragraphs 4.37 and 4.38).
The Declaration of Security shall be completed by: .
1. The master or the ship security officer on behalf of the ship(s); and, if
appropriate, .
2. The port facility security officer or, if the Contracting Government
determines otherwise, by any other body responsible for shore-side security, on
behalf of the port facility.

CSR

Continuous synopsis record is a special measure under Safety of life at

sea (SOLAS) for enhancing the maritime security at the sea. According to SOLAS
chapter XI-1, all passenger and cargo ships of 500 gross-tonnage and above must
have a continuous synopsis record on board.

The continuous synopsis record provides an onboard record of the history of the

ship with respect to the information recorded therein. In short, the CSR is a record
of ship’s history.  It is a record that remains with the ship for its entire service.

The purpose of the CSR is to avoid the annonimity to the ship’s history and thus
enhance the security at sea.

Continuous synopsis record (CSR) is issued by the administration of the ship,

which would fly its flag.

Following details should be present in the continuous synopsis record (CSR)

 Name of the flag state

 Date on which the ship was registered with the flag
 The ship’s identification number
 The name of the ship
 Port of registry
 Name of registered owner and their registered address
 Registered owner’s identification number
 Name of registered bareboat charterer and their registered address, if applicable
 Name of company responsible as per ISM code
 Company identification number
 Name of vessel’s classification society
 Name of the organisation that has issued Document of compliance to the
company
 Name of the organisation that has issued SMS certificate to the ship
 Name of the organisation that has issued ISPS certificate to the ship
 Date on which the ship ceased to be registered with that state

Any changes made related to the above mentioned points should be mentioned in
the continuous synopsis record. Officially, the record should be in English,
Spanish, or French language; however, a translation in the language of the
administration may be provided.

The continuous synopsis record shall always be kept on board ship and shall be
available for inspection all the time.

The Continuous Synopsis Record (CSR) is mentioned in SOLAS –Chapter XI-1.

Q) Objective of SMS , Describe NEARMISS.

Objective and content of ISM

1.2.1 The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life, and
avoidance of damage to the environment, in particular to the marine environment, and to property.
1.2.2 Safety-management objectives of the Company should, inter alia:
.1 provide for safe practices in ship operation and a safe working environment;
.2 assess all identified risks to its ships, personnel and the environment and establish appropriate safeguards;
and
.3 continuously improve safety-management skills of personnel ashore and aboard ships, including preparing
for emergencies related both to safety and environmental protection.
1.2.3 The safety-management system should ensure:
.1 compliance with mandatory rules and regulations; and
.2 that applicable codes, guidelines and standards recommended by the Organization, Administrations,
classification societies and maritime industry organizations are taken into account.
Objective and content of SMS

The safety management system (SMS) is an organized system planned and

implemented by the shipping companies to ensure safety of the ship and marine
environment.

SMS is an important aspect of the International safety management (ISM)

code and it details all the important policies, practices, and procedures that are to
be followed in order to ensure safe functioning of ships at the sea.

The safety management system (SMS) therefore ensures that each and every ship
comply with the mandatory safety rules and regulations, and follow the codes,
guidelines,  and standards recommended by the IMO, classification societies, and
concerned maritime organizations.

Every safety management policy should satisfy some of the basic functional
requirements to ensure safety of every ship. They are:

 Procedure and guidelines to act in an emergency situation

 Safety and environmental protection policy
 Procedure and guidelines for reporting accidents or any other form of non-
conformities
 Clear information on level of authority and lines of communication among
ship crew members, and between shore and shipboard personnel
 Procedures and guidelines to ensure safe operations of ships and protection
of marine environment in compliance with relevant international and flag
state legislations
 Procedures for internal audits and management reviews
 Vessel details

In short, a safety management system would consists of details as to how a vessel

would operate on a day to day basis, what are the procedures to be followed in case
of an emergency, how are drills and trainings conducted, measures taken for safe
operations, who is the designated person etc.

Safety management plan is mainly the responsibility of the owner of the vessel, or
the designated person, or the person appointed by the owner. However, the ship’s
master and the crew are the best people to make an SMS as they know the vessel
inside-out.

a) Functional Requirements Of ISM CODE

Every Company should develop, implement and maintain a Safety Management System (SMS) which includes
the following functional requirements:
 A Safety And Environmental Protection Policy;
 Instructions and procedures to ensure safe operation of ships and protection of the environment in
compliance with relevant international and flag State legislation;
 defined levels of authority and lines of communication between, and amongst, shore and shipboard
personnel;
 Procedures for reporting accidents and non-conformities with the provisions of this Code.
 Procedures to prepare for and respond to emergency situations.
 Procedures for internal audits and management reviews.

ISM code and certificates under ISM code

ISM code certificates under ISM code – ISM Code applies to all passenger vessels and
other vessels of 500 GT and above. The Directorate General of Shipping (For indian ship,
Others by respective flag state) issues certification under ISM Code for Indian flag vessels
on satisfactory verification of Safety Management System implementation in company and
on board the vessel. The Directorate make arrangements for conduct of SMC and DOC
Audits. Indian Register of Shipping, the recognised organisation has been authorized to
conduct SMC audits on board the vessel on behalf of the Directorate.
As per ISM code under SOLAS chapter IX, a company shall be issued with Document of
compliance (DOC) and its ships are issued with Safety Management Certificates (SMC)
only after ensuring that the company has a Safety Management System (SMS) and all ships
are operated as per the SMS.

DOC – Document of compliance

 A Document of Compliance or DOC is issued to a company based on the types of
ships the company operates with, therefore seperate DOCs are issued for every single
type of ship the company operates.
 DOC is issued by the authority of flag state government, (DGS in India) by
positively auditing and reviewing companies SMS and its implementation.
Types of audits: 
Company
 Interim
 Initial
 Annual
 Renewal
 Additional audits.
 Surveillance audits
Ship:
 Interim Audit
 Initial audit
 Intermediate audit
 Renewal
 Additional audit
Different types DOC’s
Interim DOC
 An Interim Document of Compliance certificate may be issued to help set up a
company’s safety management system when—
 A company is newly set up or in transition from an existing company into a
new company; or
 A new type of vessel is added to an existing safety management system and
Document of Compliance certificate for a company.
 The company is required to submit SMS implementation plan and 12 months are
given to the company for fulfilling the ISM requirements.
 The company shall undergo initial audit, and in case of newly built shipping company
within the validity period of interim DOC i.e. 12 months.
 The company shall undergo additional audit in case new ship type is added to the
shipping company within the validity period of interim DOC i.e. 12 months.
 For a new company, further document review is conducted prior to the audit by
administration.
Short Term DOC
 A short term DOC is issued on the day of the audit by the administration auditor as a
response or proof of completion of the initial, annual or renewal audit process.
 Validity of short term DOC is 5 months.
Document of Compliance (DoC):
 A Document of Compliance (DOC) is issued to a Company when the shore side
aspects of the Safety Management System are found to comply with the requirements of
the ISM Code.
 The DOC is specific to the ship type(s) operated by the Company and for which the
SMS is implemented at the time of the audit.
 A copy of the relevant DOC should be placed on board each of the company’s ships,
which may be accepted as evidence that the Company’s shore-side management
structure complies with the requirements of the Code.
 DOC is issued by the administration (DGS in india) following successful fulfilment of
initial audit or Interim DOC requirements.
 Issued after at least three months of implementation of SMS at the company and at
least one ship in the fleet for which DOC is concerned.
 The validity of DOC, after initial audit is 5 years from the next date of expiry and it is
subjected to annual audit.
 If a Major NON Conformity is found in the audit, the DOC is withdrawn.
Safety Management Certificate (SMC)
Certification:
 Company in possession of Interim DOC or DOC is eligible to apply for Interim SMC
audit for ship when takes on responsibility for the operation of a ship (DOC should be
relevant to the ship type) that is new to the company.
 Subsequent to a successful audit, a Safety Management Certificate (SMC) will be
issued to each individual ship provided that the company holds a valid DOC for the
applicable type of ship. A copy of each SMC should be retained in the company’s office
records, the original being placed on board and filed along with all other statutory
certificates. Every individual ship must have a SMC which ensures that it complies with
the onboard Safety Management Manual based on ISM.
Types of SMC
1.  Interim SMC – Valid for 6 Months
 Interim SMC is issued to ships that are owned / Operated by company that posses
Main DOC, Interim DOC or Short term DOC also Issued to the newly built ship added to
the existing fleet of the shipping company OR Issued to a new ship with change in
Management Company. OR Issued to a company with change in the flag state.
 With Interim SMC ship undergoes initial audit which shall fulfill the requirements to
comply the SMS based on ISM code to get the main SMC.
2.  Short Term SMC – Valid for 5 months
 A short term SMC is issued on the day of the audit by the administration auditor as a
response or proof of completion of the initial, annual or renewal audit process.
3.  Safety Management Certificate – SMC – Valid for 5 Years
 It is issued by the administration after successful completion of initial audit or
fulfilment or interim SMC requirements.
 The validity of SMC, after initial audit is 5 years from the next date of expiry and it is
subjected to intermediate audit.
 The intermediate audit is carried out between the second and the third anniversary
date of the ship.
 If a Major NON Conformity is found in the audit, the SMC and DOC are withdrawn.
 The original SMC is kept on the ship and copy is kept with the company.
Types of audits: 
1. Interim SMC Audits:
 For Passenger/Special Trade Passenger Ships, the company which is holding
passenger ship DOC is eligible for applying to Interim SMS audits.
 For Cargo Ships, MODUs and Special Purpose Ships (SPS), the company which is
holding DOC for the respective type of shipis eligible for applying to Interim SMS audits.
 On satisfactory completion of the audit, RO may issue Interim SMC Certificate to the
vessel for 6 months.
2. Initial, Intermediate, & Renewal SMC Audits
 In all the above cases, the Company shall be in possession of a regular DoC (not
Interim certification) and the vessel shall be capable of demonstrating:-
 the satisfactory functioning of the SMS on board a ship for at least 3 months
in the preceding 12 months
 records of an internal audit carried out by the company, in this period;
 the audit is performed under normal operating condition, ie. Not in dry-dock or
lay-up.
3. Additional SMC Audits:
 In case an Additional SMC audit is imposed by any RO or the Flag State surveyor,
the concerned authority shall inform the same to the flag state promptly with clear
reasons for the action. The FS may review the case and advise any RO or
Administration auditor to undertake the additional audit based on the merit of the case.
 In instances where the additional SMS assessment of a ship has been imposed by
any Port State Control (PSC) authority, RO may board the said ship at the earliest
opportunity to confirm that immediate corrective measures have been taken to facilitate
prompt release of the vessel from the PSC intervention and thereafter shall forward a
detailed report to the DGS, with clear recommendation for long term measures to avoid
recurrence, viz. additional SMC audit, DoC audit, FSI inspection etc, as necessary.

Q) As per chapter 3 of SOLAS , list 5 items required in shipboard Musterlist.

Requirements with regard to Muster list as per SOLAS.

According to SOLAS Chapter III, Reg. 8 and 37

 The regulation applies to all ships.
 Clear instructions to be followed in the event of an emergency shall be
provided for every person on board in the language or languages required by
the ship’s flag State and in the English language.
 Muster lists and emergency instructions shall be exhibited in conspicuous
places throughout the ship including the navigation bridge, engine-room and
crew accommodation spaces.
 The muster list shall specify details of the general emergency alarm and
public address system and action to be taken by crew and passengers when this
alarm is sounded. The muster list shall also specify how the order to abandon
ship will be given.
  The muster list shall specify which officers are assigned to ensure that life-
saving and fire appliances are maintained in good condition and are ready for
immediate use.
 The muster list shall specify substitutes for key persons who may become
disabled
 The muster list shall be prepared before the ship proceeds to sea.
 The muster list shall show the duties assigned to the different members of
the crew including:
1. closing of the watertight doors, fire doors, valves, scuppers, side
scuttles, skylights, portholes and other similar openings in the ship;
2. equipping of the survival craft and other life-saving appliances;
3. preparation and launching of survival craft;
4. general preparations of other life-saving appliances;
5. muster of passengers;
6. use of communication equipment;
7. manning of fire parties assigned to deal with fires; and
8. special duties assigned in respect to the use of fire-fighting equipment
and installations.
 Illustrations and instructions in appropriate languages shall be posted in
cabins and be conspicuously displayed at muster stations and other spaces to
inform crew of:
1. their muster station;
2. the essential actions they must take in an emergency; and
3. the method of donning lifejackets.

Role of the Flag State and Port State in ensuring legal compliances
(Conventions) by ships.

Port State Control (PSC) is the inspection of foreign ships in national ports to verify that the condition of
the ship and its equipment comply with the requirements of international regulations and that the ship is
manned and operated in compliance with these rules.

Many of IMO's most important technical conventions contain provisions for ships to
be inspected when they visit foreign ports to ensure that they meet IMO
requirements.
 
These inspections were originally intended to be a back up to flag State
implementation, but experience has shown that they can be extremely effective. The
Organization adopted resolution A.682(17) on Regional co-operation in the control of ships and
discharges promoting the conclusion of regional agreements. A ship going to a port in one country will
normally visit other countries in the region and it can, therefore, be more efficient if inspections can be
closely coordinated in order to focus on substandard ships and to avoid multiple inspections.

This ensures that as many ships as possible are inspected but at the same time prevents ships being
delayed by unnecessary inspections. The primary responsibility for ships' standards rests with the flag
State - but port State control provides a "safety net" to catch substandard ships.

Nine regional agreements on port State control - Memoranda of Understanding or MoUs - have been
signed: Europe and the north Atlantic (Paris MoU); Asia and the Pacific (Tokyo MoU); Latin America
(Acuerdo de Viña del Mar); Caribbean (Caribbean MoU); West and Central Africa (Abuja MoU); the Black
Sea region (Black Sea MoU); the Mediterranean (Mediterranean MoU); the Indian Ocean (Indian Ocean
MoU); and the Riyadh MoU. The United States Coast Guard maintain the tenth PSC regime.

IMO hosted six Workshops for PSC MoU/Agreement Secretaries and Database Managers. The Workshops
were funded by the IMO Technical Cooperation Fund and aimed to provide support to regional port State
control regimes by establishing a platform for cooperation and also providing a forum for the people
involved to meet and exchange ideas and experiences. They also aimed to encourage harmonization and
coordination of PSC activities and the development of practical recommendations which can be
forwarded to IMO for further examination by the Organization's relevant Committees and Sub-
Committees.

No country would want to welcome a sub-standard ship in their

territory because of threat that these ships may possess.

But do the port state control have the legal powers to inspect a
foreign ship. Yes, they do.

Various IMO conventions like SOLAS, Marpol, STCW defines the

role of port state control in ensuring the implementation of
these conventions.

The countries in an area (for example Europe) come together

to work as a team for inspecting the ships calling their ports.
 Port state control MOU, in other words, is the harmonized
system for the different port state controls.

As per the MOU between different port states,

 They have common documented standards and

procedures for the ship inspection
 they have a common database for the inspected ships

Port state control MOUs offered many benefits, to the port

states as well as to the ships and shipping companies.

Among many other things, it offers cost saving.

At present, there are nine PSC MOUs.

Having regional corporation between PSCs through MOU

reduces some burden and need to inspect all the ships.

So if a ship has been recently inspected at a country that is

part of the MOU, there would be no need to inspect that ship
again.

But still, the number of ships that need to be inspected is no

less considering in some ports there are hundreds of ships
calling each day.
 Type of PSC inspections

When a PSC inspector boards the vessel, he would conduct one

of the four types of PSC inspections.

These inspection types are

 Initial Inspection

 More detailed inspection

 expanded inspection

 Concentrated inspection campaign

PSC inspection results

Irrespective of the type of PSC inspection carried out on board,

either it will result in no deficiencies or some deficiencies.

If there are no deficiencies, we just file the PSC inspection

report and inform the company about the PSC inspection.

If there are deficiencies, these deficiencies can fall under one of

these three categories.
 Detainable deficiency

 Deficiency that needs to be corrected before departure

 Deficiency that needs to be corrected within a time range

Detainable deficiency
If the ship is detained because of one or more observed
deficiencies, the PSC inspector will provide a “notice of
detention” to the master.

Conclusion

The whole idea of the port state control is to give no operating

space to the sub-standard ships.

The only way to eradicate the sub-standard ships is to inspect

the ships. But no port state can have so many resources to
inspect each ship that call their ports.

Having regional cooperation between different port states (PSC

MoUs) eliminated the need for inspecting each ship.

Port state controls under the same MoU shared the

ship inspections results with a common database.
Assigning a risk factor to each ship set the priority for
inspection of a ship. With this, the ships with higher risk profile
were given a priority for inspection over the ships with lower
risk profile.

Flag state inspection

Every merchant ship needs to be registered to a state of its choice. The ship is then
bound to carry the flag of that state and also follow the rules and regulations enforced
by the same. The ship’s flag is an important factor when the court makes the decision
on the judging.

The ship will follow the regulation of the flag state nation’s maritime law in the open sea
and it will also avail different protections and preferential treatments as tax, certification,
and security etc as per the flag state benefits.

Role of Flag State:

 One of the most important roles of the flag states is to arbitrate different types of
maritime conflicts such as accident, salvage etc. under the principle law of ships’
nationality
 The ship is always on the move and there are high chances of damages to its cargo or
structure at open seas or within the jurisdiction of another country. It is very difficult and
impractical to judge the conflict by any country’s authority. In such cases, the flag state
judgment is taken and based on that, the course of action is decided. However, if the
incidence involves damage to the structure of another ship or land/ post based property or
pollution, the local authority will be involved and have the upper hand on the legal
decisions
 When a situation of salvage occurs, it has to be undertaken as per of the contract. If the
contract does not explain the salvage condition, it will be performed as per the maritime
law of the flag state nation

Salvage Operation

 The flag state is responsible for overseeing the International Safety Management

Code and it had the authority to issue or withdraw the ship’s Safety Management
Certificate (SMC)
Related Read: What ISM Certificates You Require to Start a Shipping Company?

 The basic operational standards for a ship required by IMO and ILO such as
competence of the crew, minimum manning, ship and port security, employment
standards, onboard working conditions, movement of ships between flags, repatriation of
the crew, different audits etc. are also the responsibility of the flag state, by working with
ship owners
 If the port or regulatory authority found out that the ship is not fit for sailing at high seas,
the crew will work as per the flag state instructions specified in SMS along with adequate
monitoring and verification procedures to ensure the issue is resolved as per the
requirement. Usually, the flag state will allow such tasks to one of the
selected classification societies
 Flag state is responsible to cooperate with other authorities or flag states to carry out an
investigation in case of accidents in which causality or pollution is involved
 As per UNCLOS, the flag state must ensure its ships are in compliance with all anti-
pollution requirements and marine pollution laws, i.e. to adopt laws and regulations aiming
at prevention, reduction, and control of pollution

Flag state delegates most of its responsibilities to classification societies which include
regulation implementation and technical duties. As these societies are private
organizations and fighting for the market share, they are often criticized for lowering
their standards to attract clients and keeping up with the competition.

THE ROLE OF THE FLAG STATE IN VESSEL & SEA SAFETY

AND MARINE SECURITY
Flag state denotes the government whose flag the ship is entitled to fly and by extension the
department of such country responsible for the administration of ships and shipping activities. A
vessel will usually bear the flag of the country which she has the closest connection, lex loci.
Although other considerations such as commercial interest or in some cases the terms of a ship’s
charter in government contracts could determine the flag to be flown by a vessel. A ship may
also fly ‘flag of convenience’. The essence of these is to address legal questions that might arise
in the course of shipping trade. Some scholars have argued for vessels to have their sovereignty.

The maritime administration of a state has overall responsibility for the implementation and
enforcement of international maritime regulations for all ships granted the right to fly its flag.
Ships, like citizens according to the International Maritime Organization’s standards must have a
name and nationality. The flag which a ship flies hence its state of origin will affect patronage to
its fleet due to its substance, also such vessels may reduce turnaround time at other ports lost to
inspection if they have established a reputation of compliance with regulations as there may be
no need for scrutiny.

While it is shipping companies that have primary responsibility for the safe operation of their
ships and the safety and welfare of their crews, the flag state plays a critical role with regard to
the safety of life at sea and the protection of the marine environment. It is the flag state that has
overall responsibility for the implementation and enforcement of international maritime
regulations for all ships ‘flying its flag’. Effective regulation by governments of the technical and
social aspects of shipping is therefore vital to ensure safe, secure and pollution-free ship
operations and good employment conditions for seafarers.

Flag states also have responsibility for the implementation and enforcement of rules adopted by
other intergovernmental bodies, including the International Labour Organization (ILO) and the
International Oil Pollution Compensation (IOPC) Fund. ILO governs standards of seafarers’
employment. The IOPC Fund ensures that victims of any major maritime oil pollution incident
receive adequate compensation without undue delay. The flag state which a ship flies its flag has
varying degree of effect on its commercial enterprise. Two parties are therefore dependent upon
each other on flag state administration; the shipping company and flag state authority.

The shipping company, and not least its charterers, may also have general concerns about the
implications for its corporate reputation of being associated with a poorly performing flag even if
the company’s ships are fully compliant. But the overriding interest in promoting high
performing flag states is that they are less likely to tolerate sub-standard operators. Where a
shipping company fly the flag of states with higher than average non-compliance vessels the
tendency for port delays due to inspection will be high too and can mean unnecessary delays plus
greater potential for charterers’ penalties.

In this regard a flag sate should have sufficient infrastructure in terms of offices, qualified and
competent staff and equipment to meet international obligations in ensuring compliance with and
maintenance of standards to qualify for an effective and good flag authority and to meet its
obligations under international treaties.

As a minimum flag states should be expected to have ratified the following core international
maritime conventions: International Convention for the Safety of Life at Sea, International
Convention for the Prevention of Pollution from Ships, International Convention on Load Lines,
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, International Labour Organization Merchant Shipping (Minimum Standards)
Convention 1976, International Convention on Civil Liability for Oil Pollution Damage. The
Merchant Shipping Act is the local law in Nigeria that stipulates regulations for ships and
shipping. A responsible flag state should be able to provide a valid explanation for not having
ratified any of the above, and in practice should be expected to implement and enforce national
regulations that comply with the vast majority of the detailed requirements contained within
these international regulations. It is reasonable to expect flag states to have implemented the
detailed requirements of the international maritime treaties listed above and to have established
effective mechanisms for their enforcement. For example, SOLAS, amongst other conventions,
provides for regular ship surveys and the issue of certificates of compliance by the flag state,
while STCW requires certification of crew competence.

In order to achieve standards implementation a flag state should in accordance with IMO
Resolution A.739, establish appropriate controls over organizations such as classification
societies nominated to conduct statutory surveys of ships on their behalf. Such controls should
include determining that the organization has adequate resources for the tasks assigned and
entering into a formal written agreement covering the issues specified in A.739.

Flag states should specify instructions detailing actions to be followed in the event that a ship is
not found fit to proceed to sea and provide information concerning national regulations that give
effect to international maritime conventions. A verification and monitoring system should also
be established to ensure the adequacy of work performed by organisations acting on a flag state’s
behalf. Usually flag states will prefer members of International Association of Classification
Societies.

Similarly flag states shall be responsible for overseeing the International Safety Management
Code through issue or withdrawal of ships Safety Management Certificate (SMCs). Further the
flag state will oversee maritime security, seafarers’ competence standards, employment
standards, safe manning and seafarers working hours, casualty investigations, movement of ships
between flags, repatriation of seafarers, participate in flag state audits of the IMO and ILO
meetings and work in consultation with ship owners.