mawani_gov_sa · circular · processed · 30 chunks
Saudi Ports Authority (MAWANI)
SAUDI PORTS AUTHORITY
Instructions for Control and Inspection of Saudi Ships
(Flag State Control)
<table><tr><td>Issue Date</td><td>Issue Number</td></tr><tr><td>29/1/1441 AH – 29/9/2019 AD</td><td>(1)</td></tr><tr><td>9/5/1443 AH – 14/12/2021 AD</td><td>(2)</td></tr></table>
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Article One: Purpose
These instructions constitute a binding directive containing comprehensive standards to be used as a reference for maritime inspection and control procedures of Saudi vessels, in accordance with the Commercial Maritime Law issued by Royal Decree No. (M/33) dated 5/4/1440 AH, and the Maritime Vessel Control and Inspection Policy approved by Saudi Ports Authority Board of Directors' Resolution No. (76/J8/1D) dated 4/2/1442 AH, and related decisions, as well as the specifications and requirements of international maritime conventions ratified by the State, and in compliance with international maritime conventions not yet ratified but which have entered into force internationally.
The control and inspection of Saudi vessels under the Flag State Control system aims to raise safety standards and protect the marine environment from pollution originating from commercial vessels subject to the requirements of international maritime conventions and their amendments, as well as to ensure that crew members are qualified and highly competent to successfully carry out their duties in managing and operating the vessel for an upcoming voyage.
Article Two: Responsibilities
Saudi Ports Authority / Competent Administration / Director General of the General Directorate of Control and Inspection and Directors of Control and Inspection Departments in Ports and Flag State Control Officers (FSCO).
Article Three: Definitions
<table><tr><td>Term</td><td>Definition</td></tr><tr><td>State</td><td>The Kingdom of Saudi Arabia</td></tr><tr><td>Authority</td><td>Saudi Ports Authority or its delegated entity acting on its behalf</td></tr><tr><td>Maritime Authority</td><td>General Authority for Transport (Maritime Transport Agency)</td></tr><tr><td>Competent Administration</td><td>The General Directorate of Control and Inspection, headquartered at the Authority's main body, responsible for organizing and overseeing maritime inspection and control procedures of vessels, and supervising the implementation and enforcement of all relevant international conventions and treaties</td></tr><tr><td>Organization</td><td>The International Maritime Organization (IMO), responsible for issuing international regulations and standards for the maritime transport industry to preserve the safety of lives and property at sea, headquartered in London</td></tr><tr><td>International Maritime Conventions</td><td>Maritime conventions issued by the International Maritime Organization (IMO)</td></tr><tr><td>Executive Regulations</td><td>Implementing regulations of international conventions and treaties issued by the Maritime Authority</td></tr><tr><td>Port Rules and Instructions</td><td>Rules and instructions of maritime ports in the Gulf Cooperation Council (GCC) countries</td></tr><tr><td>Flag State</td><td>The state whose flag the vessel is entitled to fly</td></tr><tr><td>Vessel</td><td>Any floating structure regularly used for navigation at sea, even if not operated for profit; vessel accessories necessary for its exploitation are considered part of it</td></tr><tr><td>Technical Violations</td><td>Deficiencies in vessels' application of the provisions and requirements of international maritime conventions and treaties that call at Kingdom's ports</td></tr></table>
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<table><tr><td>Term</td><td>Definition</td></tr><tr><td>Financial Violations</td><td>Financial penalties imposed on a vessel as a result of technical violations observed on it, in accordance with relevant regulations</td></tr><tr><td>Clear Grounds</td><td>One or more clear indicators that the vessel, its equipment, or crew does not comply with the requirements of relevant international maritime conventions, or that the master or a crew member lacks basic knowledge of vessel operating procedures related to vessel safety or prevention of marine pollution</td></tr><tr><td>Deficiencies</td><td>Faults discovered by the inspector during vessel inspection that do not comply with the Commercial Maritime Law or do not meet the requirements of relevant maritime conventions</td></tr><tr><td>Inspection</td><td>A visit by one or more Flag State Control Officers (FSCO) on board a vessel to review the validity and compliance of certificates and documents with international maritime conventions, and to verify the general condition of the vessel, its equipment, and crew, and their ability to manage and operate the vessel</td></tr><tr><td>Flag State Annual Inspection</td><td>A visit by one or more inspectors on board a vessel to review the validity and compliance of certificates and documents with international maritime conventions and commercial maritime law, and to verify the general condition of the vessel, its equipment, and crew, and their ability to manage and operate the vessel</td></tr><tr><td>More Detailed Inspection</td><td>When there is compelling evidence that the condition of the vessel, its equipment, or crew does not conform to the vessel's certificates, the inspector conducts a thorough and detailed inspection</td></tr><tr><td>Flag State Control Officer (FSCO) / Inspector</td><td>The person designated by the Authority to carry out inspection and survey on board Saudi vessels</td></tr><tr><td>Substandard Ship</td><td>A vessel whose hull, machinery, equipment, or safe operation does not conform to international maritime conventions and the Commercial Maritime Law, and which is below the required standard due to missing required equipment or non-conforming equipment, or the vessel and its equipment are in a permanently poor condition due to lack of periodic maintenance, or the vessel's crew is incomplete and their qualifications do not comply with the Safe Manning Document</td></tr><tr><td>Recognized Organization</td><td>The institution or legal entity that surveys and classifies vessels according to their types and purposes, delegated by the Maritime Authority (flag state) under a proper delegation agreement</td></tr><tr><td>Navigation License Withdrawal</td><td>A measure taken by the Maritime Authority based on the inspector's report and in coordination with the Flag State Control and Inspection Administration at the Authority, to prevent the Saudi vessel from sailing and withdraw the navigation license when the vessel's condition is below standard and non-conforming</td></tr><tr><td>Marine Pilot</td><td>The employee officially authorized by the Authority to pilot vessels calling at ports upon entry and exit from and to the port and navigational channels in ports supervised by the Authority</td></tr><tr><td>Ship's Master</td><td>The qualified person to command the vessel and responsible for its management</td></tr><tr><td>Ship Owner</td><td>The person recorded in the vessel registry as the vessel owner</td></tr><tr><td>Shipping Agent</td><td>The person licensed by the Authority to engage in maritime agency activities and authorized by vessel owners or operators to act on their behalf in performing duties toward the port, government agencies, business sector, and any other relevant entities</td></tr></table>
Article Four: Scope of Application
1. These instructions apply to the Saudi Ports Authority (General Directorate of Control and Inspection and its branches) or any entity delegated to act on its behalf.
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2. Without prejudice to the provisions of international maritime conventions and treaties of which the Kingdom is a member, these instructions apply to all Saudi vessels only when present in ports. The provisions of these instructions apply to the following:
• All Flag State commercial vessels or passenger vessels with a gross tonnage of not less than (500 tons)
- Support vessels or other vessels owned or operated by the State and used for non-commercial government services, or vessels operating in ports
• Vessels with a gross tonnage of less than (500 tons)
3. These instructions do NOT apply to the following:
• Military vessels
• Vessels not equipped with mechanical propulsion
• Primitive wooden vessels
• Pleasure yachts not engaged in any commercial activity
- Fishing vessels
3. Inspection procedures apply to all Saudi vessels flying the Saudi flag that call at ports and the State's territorial waters, as follows:
a. Vessels subject to international maritime conventions, namely:
1. International Convention for the Safety of Life at Sea 1974 (SOLAS 74) and its amendments (including the 1988 Protocol and any subsequent amendments)
2. International Convention on Load Lines (LL 66), 1966, including its 1988 Protocol and any subsequent amendments
3. International Convention for the Prevention of Pollution from Ships 1973, as amended by the 1978 and 1997 Protocols (MARPOL 73/78) and its amendments
4. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 1978) and its amendments
5. International Convention on Tonnage Measurement of Ships 1969 and any subsequent amendments
6. International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS) and any subsequent amendments
7. Maritime Labour Convention (MLC 2006) and any subsequent amendments
8. International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004 (BWM 2004) and any subsequent amendments
9. Convention on the International Regulations for Preventing Collisions at Sea (COLREG 1972) and any subsequent amendments
10. Commercial Maritime Law issued by Royal Decree No. (M/33) dated 5/4/1440 AH and any subsequent amendments
11. Mandatory Codes issued by the International Maritime Organization (IMO General Assembly and its specialized committees)
12. Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment (PERSGA), 1982, which entered into force in 1985, including related protocols and any subsequent amendments
13. Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution, 1978, including related protocols and any subsequent amendments
14. International Convention on Maritime Search and Rescue 1979 and any subsequent amendments
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15. International Convention for Safe Containers 1972 (CSC) and any subsequent amendments
16. International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) 1990, including its protocol (Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances – HNS Protocol) and any subsequent amendments
b. Saudi vessels with small tonnage not subject to international maritime conventions:
Inspectors shall use the Executive Regulations for the Inspection and Survey of Small Vessels Not Subject to International Treaties issued by the Maritime Authority, as well as the GCC Safety Regulations for Non-Conventional Ships approved by Royal Decree No. (M/34) dated 5/6/1434 AH, in addition to their skills and expertise in verifying the validity of any certificate or document issued by the Maritime Authority. The scope of inspection for this category shall be limited to scrutinizing and verifying the technical condition of the vessel in accordance with those certificates, documents, and flag state requirements, and assessing the vessel's condition taking into account certain factors such as vessel length, nature of the intended voyage, vessel size and type, onboard equipment, and type of cargo — to ensure no risks arise that threaten safety or the marine environment.
Article Five: Main Principles
1. Flag State maritime inspection and control operations are subject to the requirements of the Commercial Maritime Law issued by Royal Decree No. (M/33) dated 5/4/1440 AH, the Maritime Vessel Control and Inspection Policy approved by Saudi Ports Authority Board of Directors' Resolution No. (76/J/8Da) dated 4/2/1442 AH, and the requirements of international maritime conventions ratified by the State and unratified international maritime conventions that have entered into force internationally.
2. All operational outputs must meet the requirements of the Saudi Commercial Maritime Law as well as the requirements of relevant international maritime conventions.
3. When implementing Concentrated Inspection Campaigns (CIC), the Maritime Authority and the Authority shall circulate to vessel owners and shipping agents the date, duration of the campaign, and the specific aspect to be focused on during inspection, with a reasonable period granted before the concentrated inspection begins.
4. The Flag State Control and Inspection Administration deals with the term 'Administration's Satisfaction' as follows:
• Each case mentioned in international maritime conventions based on the level of administrative decision or recommendations issued by technical meetings by qualified persons in accordance with Saudi maritime legislation and/or delegation agreements concluded between the Maritime Authority and classification societies.
- Any decision relating to the term 'Administration's Satisfaction' is studied and consulted upon before being made as a decision by the Maritime Authority as follows:
• Consultation with supervisors of the new vessel under construction bearing the Saudi flag
• The vessel owner's justifications for each case regarding existing vessels
- Interpretations and recommendations of the classification society accredited by the Authority for classifying the vessel
- The issuance of any final decision regarding the interpretation of a requirement in any convention by the Maritime Authority requires that all cases and decisions taken in respect thereof ('Administration's Satisfaction') as stipulated in any convention shall be no less than the level of technical requirements and standards set out in international maritime conventions or guidelines issued by the International Maritime Organization.
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Article Six: Professional Requirements for Flag State Control Officers (FSCO)
1. The maritime inspection process must be carried out by a qualified inspector who has fulfilled the qualification requirements as detailed in clause (7) below.
2. Inspectors and their assistants must not have any work relationship or commercial interest with any maritime entity with an interest in the nature of port state inspection work.
3. The inspector must carry an identification card issued by the Authority through the General Directorate of Control and Inspection, certifying that they are authorized with inspection, survey, and judicial enforcement powers over vessels.
Article Seven: Qualifications and Required Standards for Flag State Control Officers (FSCO)
In accordance with the Maritime Vessel Control and Inspection Policy approved by the Saudi Ports Authority Board of Directors' Resolution No. (76/J/BDa) dated 4/2/1442 AH, the following is required:
1. Every maritime inspector (deck, engine, electrical, or radio section) nominated to work as a Flag State Control Officer must meet the following conditions and qualifications:
- The inspector shall have completed no less than one year of service in the field of flag state inspection and survey of vessels subject to international maritime conventions.
- The inspector shall hold a certificate of competency as Master Mariner or Chief Engineer with seafaring experience on board vessels of not less than five years as a navigational or engineering watch officer; or shall hold a degree in naval architecture or mechanical engineering related to the maritime field with at least five years of experience in the same specialty; or shall hold an equivalent qualification as deemed appropriate by the Authority.
- In addition to the above, the Authority, in exceptional cases for officers appointed as inspectors prior to the issuance of this methodology and instructions, considers a person who was an inspector for small vessels not subject to international maritime conventions — and was nominated to work as a Flag State Control Officer for small vessels not subject to international maritime conventions — to be qualified if they meet the following conditions:
- Holds a relevant university degree recognized by the State, or specialized training courses related to the maritime field from maritime education and training institutions recognized by the State
- Has received specialized training in vessel inspection and control
- Has at least two years of practical experience in the field of inspection and survey as a surveyor or inspector in a flag state or as a port state control officer
- Has the ability to communicate verbally and in writing using recognized maritime terminology
- Is familiar with all international maritime conventions and vessel inspection and control procedures
- The inspector shall have a good command of English for communication with crew and decision-makers on board the vessel
2. The Authority shall provide the necessary training for inspectors by having Flag State Control Officers participate in specialized courses periodically to obtain the necessary information and keep up with the latest practices and requirements of international maritime conventions relevant to maritime inspection, taking into account IMO circulars for the latest updates of training courses related thereto (Flag State Control).
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Article Eight: Standards for Survey, Inspection, and Control of Saudi Vessels
1. Concentrated Inspection Campaigns (CIC).
2. Saudi vessels at State ports that have completed (6) months or more since the last inspection.
3. Vessels that have been permitted to leave one of the State's ports to complete repairs at another port within the State.
4. Information received and confirmed from port officials (pilot, harbour master, port authorities, port security officer) about operational deficiencies on the vessel that may affect navigation safety.
5. The database of Saudi vessels that have been detained at ports outside the State, or reports from neighboring ports and other Memoranda of Understanding about the below-standard condition of the vessel.
6. Vessels whose statutory certificates for construction and equipment are not approved in accordance with the relevant documents.
7. Vessels carrying dangerous or polluting cargo that have not notified the competent Authority of the port or the coastal State with all information relating to vessel details, movements, and all matters related to the dangerous and polluting cargo they carry.
8. Vessels that have been excluded from classification or have lost their classification for safety-related reasons over the previous six months.
9. Random field visits.
Article Nine: Clear Grounds Requiring More Detailed Inspection
1. Based on the following evidence:
• Absence of equipment or appliances required under international maritime conventions.
• Expired vessel certificate(s).
- Required documents under international conventions are missing, incomplete, or contain incorrect information.
- The inspector's general impression upon observing that the vessel hull or structure is evidently deteriorated and damaged, which may pose a risk to the vessel, its crew, and the marine environment.
- If it becomes apparent to the inspector that there are deficiencies in safety equipment, pollution prevention equipment, or navigation instruments.
- If it becomes apparent to the inspector that the master or crew lack adequate knowledge of the vessel's safe operating procedures and pollution prevention, or that they have not carried out such procedures.
• If it becomes evident that crew members cannot communicate with each other in a common language.
• Incorrect procedures for cancelling a false distress alert.
- Upon receiving a report or complaint containing information that the vessel is substandard and below the required level.
2. Cooperation between Flag State activities and Port State Control in the Kingdom of Saudi Arabia.
3. In the event that a vessel flying the Saudi flag is detained at a port of a state party to any relevant international maritime convention under port state control, and pursuant to the procedures of any regional Port State Control Memoranda of Understanding, for the purpose of correcting deficiencies and removing the grounds for detention.
Article Ten: Violations and Prevention of Sailing
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1. Reporting Deficiencies
Information should be submitted in writing to enable the collection and recording of appropriate documentation relating to the case and deficiencies through the vessel inspection report.
2. Flag State Responsibilities Regarding Corrective Measures
If a Flag State Control Officer decides to take corrective measures as specified in Article (9) to ensure the vessel's safety, it shall be ensured that corrective measures are taken immediately to guarantee the safety of the vessel and its passengers and/or crew members and to eliminate any risk of harm to the marine environment, before the vessel is permitted to sail.
3. Detention of Vessel in Port
The Port State Control Officer shall detain the vessel present in port from sailing if it is found that:
- The vessel violates the provisions of international maritime conventions and treaties and local regulations during its presence in ports.
- The vessel's technical violations and the extent of their impact on the safety of lives, property, and the marine environment and its safe operation.
4. Procedures for Reporting Detained Vessels
- If the maritime inspector finds observations or violations on the vessel and confirms that they warrant preventing sailing (departure), they shall complete the necessary procedures to detain the vessel and then notify the Director of the Port's Maritime Control and Inspection Administration of the observations that led to the vessel's detention.
- The Director of the Port's Maritime Control and Inspection Administration shall notify the Director General of the General Directorate of Control and Inspection at the main body through approved communication channels, specifying the data of the detained vessel and the observations recorded on it, and attach the electronic inspection form for Saudi vessels (FORM D&G) along with a copy to the Port Administration (Marine Traffic Tower) and a request to instruct those concerned not to allow sailing until further notice, and to complete the regulatory procedures accordingly.
- The Director General of the General Directorate of Control and Inspection at the main body shall complete the procedures for notifying the Maritime Authority of the vessel's detention.
5. Allowing the Detained Vessel to Sail
- If the maritime inspector confirms that the detained vessel has remedied the observations that warranted its detention, they shall notify the Director of the Port's Maritime Control and Inspection Administration of the remediation of the recorded observations on the detained vessel.
- Upon confirmation of remediation, the Director of the Port's Maritime Control and Inspection Administration shall notify the Director General of the General Directorate of Control and Inspection at the main body through approved communication channels, indicating that the recorded observations on the vessel have been remedied, and attach the electronic inspection form for Saudi vessels (FORM D&G) after modifying the detention code, along with a copy to the Port Administration (Marine Traffic Tower) to notify them of the remediation and to complete the regulatory procedures accordingly to allow its departure.
1. The Port Administration shall complete the regulatory procedures for the vessel's departure.
2. The Director General of the General Directorate of Control and Inspection at the main body shall complete the procedures for notifying the Maritime Authority of the lifting of the vessel's detention.
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Article Eleven: Operations
1. Reviewing Legal and Legislative Requirements and Preparing Checklists
<table><tr><td rowspan="2">Sequence</td><td rowspan="2">Steps</td><td colspan="5">Responsibility</td><td rowspan="2">Time Period</td><td rowspan="2">Documents / Related Forms</td></tr><tr><td>Quality Control Admin Director</td><td>Marine & Security Inspector</td><td>Marine Inspector</td><td>Control Admin Director</td><td>Director General of Control & Inspection</td></tr><tr><td>10.1.1</td><td>The Director of the Flag State Maritime Control and Inspection Administration or their designee shall coordinate with maritime inspectors to prepare and implement work mechanisms, in addition to determining the required number and qualifications of the total staff needed to complete these operations with the required quality and efficiency.</td><td></td><td>√</td><td>√</td><td>√</td><td></td><td>First week of January</td><td>TIME SCHEDULE OF MARINE INSPECTORS</td></tr><tr><td>10.1.2</td><td>The Maritime Inspector / Senior Maritime Inspector shall prepare/review checklists for use as a reference in inspection and survey operations, in addition to adhering to the forms designated for inspection of Saudi vessels (FORM D & FORM G), which include the basic requirements of laws, legislation, treaties, and conventions applied in the Kingdom of Saudi Arabia.</td><td></td><td>√</td><td>√</td><td></td><td></td><td>Second week of January, for 3 working days</td><td>REPORT OF INSPECTION FORM D REPORT OF INSPECTION FORM G</td></tr><tr><td>10.1.3</td><td>Throughout the year, as inspectors conduct inspection campaigns (pursuant to Procedure 6.2), the Director of Maritime Control and Inspection Administration shall follow up on these operations monthly and continuously verify the compliance of inspection results with the requirements of applicable laws, legislation, treaties, and conventions in the port.</td><td></td><td>√</td><td>√</td><td>√</td><td></td><td>First week of each month</td><td>MONTHLY REPORT</td></tr><tr><td>10.1.4</td><td>In the event of any amendments to any requirements, the Director of Maritime Control and Inspection Administration or their designee shall notify inspectors to make the necessary amendments to the checklists prepared for survey and inspection purposes.</td><td></td><td>√</td><td>√</td><td>√</td><td></td><td></td><td>REPORT OF INSPECTION FORM D REPORT OF INSPECTION FORM G</td></tr><tr><td>10.1.5</td><td>At the end of the year, the Director of Maritime Control and Inspection Administration or their designee shall, in coordination with maritime inspectors, prepare an annual report including an analysis of the achievement rates of the set operational and strategic objectives, and then submit it to the Director General of Control and Inspection.</td><td></td><td>√</td><td>√</td><td>√</td><td>√</td><td>Fourth week of December</td><td>END OF YEAR REPORT</td></tr><tr><td>10.1.6</td><td>The Director General of Control and Inspection shall send the final report to the Quality Control Administration for benchmarking and improvements to the strategic plan and performance responsibilities. The Director General shall be provided by Quality Control with the benchmarking results to evaluate and develop inspection plans and review and improve port state control procedures.</td><td>√</td><td></td><td></td><td>√</td><td>√</td><td>√</td><td>QUALITY OF INSPECTION AND OPERATIONS ANALYSIS REPORT</td></tr></table>
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2. Inspection and Survey Procedures
<table><tr><td>Sequence</td><td>Steps</td><td colspan="5">Responsibility</td><td>Time Period</td><td>Documents / Related Forms</td></tr><tr><td></td><td></td><td>Marine Inspector</td><td>Marine Inspector</td><td>Control Admin Director</td><td>Director General of Control & Inspection</td><td></td><td></td><td></td></tr><tr><td>10.2.1</td><td>The Maritime Inspector / Senior Maritime Inspector shall monitor vessel movements and their presence periods in ports on a daily and continuous basis through the daily lists sent to the Authority by Port Administration and the vessel tracking website (AIS) or any reliable information source related to vessel safety and security and navigational safety in the State's territorial waters. The Maritime Inspector shall identify vessels to be inspected after filtering the targets based on the criteria mentioned in clause (8) for selecting vessels to be inspected.</td><td>√</td><td>√</td><td>√</td><td></td><td></td><td>Daily</td><td>DAILY MOVEMENTS REPORT</td></tr><tr><td>10.2.2</td><td>The Maritime Inspector / Senior Maritime Inspector shall verify vessel data to confirm whether the vessel has previously undergone inspection and survey.</td><td>√</td><td>√</td><td></td><td></td><td></td><td>Second week of January, 3 working days</td><td>PERFORMANCE FORM</td></tr><tr><td>10.2.3</td><td>The Maritime Inspector / Senior Maritime Inspector shall prepare information relating to the international maritime requirements applicable to the vessel based on the available vessel data.</td><td>√</td><td>√</td><td></td><td></td><td></td><td>First week of each month</td><td>PERFORMANCE FORM</td></tr><tr><td>10.2.4</td><td>Proceed to the vessel to be inspected, board it, and introduce the Flag State Control Officer (Inspector) to the Master.</td><td>√</td><td>√</td><td></td><td></td><td></td><td></td><td>FSCO ID</td></tr><tr><td>10.2.5</td><td>Examine the vessel's documents and certificates and verify their existence, validity, and compliance with international maritime requirements. If the certificates and documents are in compliance and there are no obvious defects affecting the safety and security of the vessel for an upcoming voyage, a decision is made on the vessel's fitness to navigate, and a report is issued on Form (G) designated for inspection of Saudi vessels.</td><td>√</td><td>√</td><td></td><td></td><td></td><td></td><td>REPORT OF INSPECTION FORM G</td></tr><tr><td>10.2.6</td><td>In the event of a discrepancy between the certificates and documents on board the vessel and its technical condition, or the existence of an obvious defect affecting the vessel's fitness to navigate, a detailed inspection of the vessel is conducted and a report is issued on Form (D) and Form (G) specifying the technical defects found on the vessel, or a decision is made to withdraw the navigation license pending repair of the defects, where the original copy of the report is delivered and the inspection process is concluded upon disembarking.</td><td>√</td><td>√</td><td>√</td><td></td><td></td><td></td><td>REPORT OF INSPECTION FORM G REPORT OF INSPECTION FORM D</td></tr><tr><td>10.2.7</td><td>After the completion of survey and inspection, the Maritime Inspector / Senior Maritime Inspector shall write the inspection report and submit it to the Director of Maritime Control and Inspection Administration or their designee for review.</td><td>√</td><td>√</td><td></td><td></td><td></td><td>Working day</td><td>BY EMAIL / INTERNAL</td></tr><tr><td>10.2.8</td><td>The Maritime Inspector / Senior Maritime Inspector shall enter the required data,</td><td>√</td><td>√</td><td></td><td></td><td></td><td></td><td>REPORT OF INSPECTION</td></tr></table>
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<table><tr><td>Sequence</td><td>Steps</td><td colspan="5">Responsibility</td><td>Time Period</td><td>Documents / Related Forms</td></tr><tr><td></td><td></td><td>Marine Inspector</td><td>Marine Inspector</td><td>Control Admin Director</td><td>Director General of Control & Inspection</td><td></td><td></td><td></td></tr><tr><td></td><td>then print, sign the report, include it in inspection statistics, and file the records.</td><td></td><td></td><td></td><td></td><td></td><td></td><td>FORM D REPORT OF INSPECTION FORM G INTERNAL</td></tr><tr><td>10.2.9</td><td>Follow up on re-inspection procedures after correcting the technical and security deficiencies identified during the initial vessel inspection.</td><td>√</td><td>√</td><td></td><td></td><td></td><td></td><td>REPORT OF INSPECTION FORM G</td></tr></table>
3. Procedures for Preventing a National Vessel from Sailing and Withdrawing the Navigation License
<table><tr><td>Sequence</td><td>Steps</td><td colspan="5">Responsibility</td><td>Time Period</td><td>Documents / Related Forms</td></tr><tr><td></td><td></td><td>Marine Inspector</td><td>Marine Inspector</td><td>Control Admin Director</td><td>Director General of Control & Inspection</td><td></td><td></td><td></td></tr><tr><td>10.3.1</td><td>If the vessel's condition requires preventing it from sailing, the Maritime Inspector / Senior Maritime Inspector shall immediately detain the vessel with the approval of the Director of Maritime Control and Inspection Administration, citing the reasons that warranted detention pursuant to the Commercial Maritime Law in the Kingdom, and withdraw the vessel's navigation license.</td><td>√</td><td>√</td><td></td><td></td><td></td><td></td><td>REPORT OF INSPECTION FORM D REPORT OF INSPECTION FORM G FORM F</td></tr><tr><td>10.3.2</td><td>The Inspection Administration shall send the vessel detention and navigation license withdrawal notice to the vessel owner / charterer / shipping agent / port administration / relevant authorities.</td><td></td><td></td><td></td><td></td><td>√</td><td>Working day</td><td>FORM F.1 NOTICE OF RELEASE OF SHIP FOR PORTS BY EMAIL</td></tr><tr><td>10.3.3</td><td>The Flag State Inspection Administration shall send the Saudi vessel inspection report to the Registration Administration to notify them to take corrective measures that led to the detention and navigation license withdrawal.</td><td></td><td></td><td></td><td>√</td><td>√</td><td>Working day</td><td>FORM F.1 REPORT OF INSPECTION FORM D REPORT OF INSPECTION FORM G OFFICIAL LETTER BY EMAIL TO MARITIME DEP.</td></tr><tr><td>10.3.4</td><td>The Director General shall send the permission-to-sail notice.</td><td></td><td></td><td></td><td>√</td><td>√</td><td>Working day</td><td>FORM F.2</td></tr></table>
Note:
A quarterly report must be submitted to the International Maritime Organization (IMO) showing the number of vessels detained in State ports with the reasons for detention, as well as vessels expelled and prohibited from entering the State, and the same report shall be sent to other Memoranda of Understanding for coordination.
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Article Twelve: Classification Societies Accredited by the Maritime Authority
1. American Bureau of Shipping (ABS)
2. Bureau Veritas (BV)
3. Lloyd's Register (LR)
4. DNV GL AS (DNV-GL)
5. Nippon Kaiji Kyokai (NKK)
6. Registro Italiano Navale (RINA)
Article Thirteen: Survey Results and Enforcement
1. Upon completion of any of the surveys referred to in Article (8) of the standards for control and inspection surveys of Saudi vessels, if the survey result shows that the vessel's condition or equipment is unsatisfactory, the Authority shall notify the vessel owner and entities responsible for its management and operation of the deficiencies and defects resulting from the relevant survey. If the deficiencies are not corrected, the certificate relevant to that survey shall be withdrawn.
2. When the Authority's surveyor, based on the recommendation of the classification society accredited by the Authority, determines that the vessel's condition or equipment substantially departs from the details of the certificate or that the condition does not ensure the vessel's safe sailing without exposing the vessel or persons on board to danger, the surveyor or classification society shall ensure that immediate corrective action is taken and shall notify the Authority in due time. If the corrective action is not taken, the relevant certificate must be withdrawn and the Authority immediately notified.
3. If the Saudi vessel is at a port outside the State, the competent authorities of the port state shall also be immediately notified. When an Administration official, an appointed survey expert, or an accredited classification society notifies the competent authorities of the port state outside the State, the port authority shall ensure that the vessel does not sail unless it is capable of proceeding to sea or leaving the port to proceed to a suitable repair facility without endangering the vessel or persons on board.
Note:
The database for the operations of preventing Saudi vessels from sailing, withdrawing the navigation license, permitting them to sail, and issuing the navigation license must be updated after any operation.
Article Fourteen: Performance Indicators
<table><tr><td>Performance Indicators</td><td>Target</td></tr><tr><td>Achieving the targeted inspection rate by conducting annual inspections on all Saudi vessels subject to the standards and requirements of international maritime conventions</td><td>100% of registered vessels subject to international maritime convention requirements (as per capabilities)</td></tr><tr><td>Conducting training courses or workshops for all Flag State Control Officers involved in control and inspection operations for awareness purposes</td><td>2 courses per Flag State Control Officer per year</td></tr></table>
Article Fifteen: Approved Forms
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<table><tr><td>No.</td><td>Name</td><td>Record/Form Number</td></tr><tr><td>1</td><td>Inspection Checklist</td><td>FORM D / FORM G</td></tr><tr><td>2</td><td>Annual Inspection Report Form</td><td>FORM H</td></tr><tr><td>3</td><td>Monthly Inspector Report</td><td>STATISTICAL FORMS</td></tr><tr><td>4</td><td>Notice of Detention of National Vessel and Withdrawal of Navigation License</td><td>FORM F</td></tr><tr><td>5</td><td>Notice to Registration Administration of Vessel Detention and Classification Society</td><td>FORM F.1</td></tr><tr><td>6</td><td>Permission to Sail Notice</td><td>FORM F.2</td></tr></table>
Article Sixteen: Operational Standards
<table><tr><td>No.</td><td>Name</td><td>Record/Form Number</td></tr><tr><td>1</td><td>Preparing work mechanisms and determining the number and qualifications of technical staff required to complete inspection operations with the required quality and efficiency</td><td>First week of January</td></tr><tr><td>2</td><td>Reviewing checklists</td><td>Second week of January, for 3 working days</td></tr><tr><td>3</td><td>Monitoring vessel movements in ports</td><td>Daily</td></tr><tr><td>4</td><td>Writing the inspection report and submitting it to the Director of Inspection and Survey Administration or their designee</td><td>Working day</td></tr><tr><td>5</td><td>Preparing the annual inspection report and submitting it to the Director General of Control and Inspection</td><td>Fourth week of December</td></tr><tr><td>6</td><td>Sending reports from the Director General of Control and Inspection to the Quality Control Administration</td><td>Last week of the end of each quarter</td></tr></table>
Article Seventeen: Roles and Enforcement
This is a set of roles required for the approval of these instructions, including the procedures and standards that must be implemented and followed, as follows:
1. Responsibilities of the Competent Administration:
• Preparing, reviewing, and developing the instructions.
- Raising the qualification and training efficiency of Flag State Control Officers.
- The Competent Administration must provide the Maritime Authority with inspection forms on a periodic basis, with suggestions for appropriate solutions in the event of observations.
- Taking into account any relevant instructions or regulations relating to maritime conventions that the Maritime Authority may issue in the future regarding maritime inspection of Saudi vessels.
- Collecting maritime inspection statistics for Saudi vessels and providing them to the Maritime Authority for the purpose of designing and determining the context of inspection procedures for Saudi vessels, to ascertain the availability of human resources of maritime officers to meet the targeted inspection rate required by the Maritime Authority as stated in the performance indicators, and the necessary budgeting procedures for their employment, qualification, and training.
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- Analysing maritime inspection statistics for Saudi vessels and preparing recommendations and necessary procedures for correction by companies, classification societies, or vessel owners and operators.
- Approving technical violations and (financial fines) imposed by Flag State Control Officers on violating vessels, and notifying shipping agents to pay them.
2. Duties of the Maritime Authority:
- The Maritime Authority must provide the Competent Administration with circulars issued by the Organization relating to Flag State Control.
- The Maritime Authority must provide the Competent Administration with all executive regulations issued or amended for maritime conventions and treaties issued by the Organization.
- The Maritime Authority must continuously update the Competent Administration on newly accredited classification societies.
- The Maritime Authority must provide the Competent Administration with a periodically updated list of vessels registered under the Saudi flag.
- The Maritime Authority must provide the Competent Administration with a list of targeted vessels and below-standard vessels flying the Saudi flag for concentrated inspection.
4. These instructions and their annexes and the controls stipulated therein shall take effect from the date of their circulation, and these instructions shall be reviewed every (6) months for the purpose of reviewing and updating them in accordance with the requirements of international maritime conventions, treaties, and decisions issued by relevant organizations.
Article Eighteen: Annexes (Penalties)
1. The penalties contained in the executive regulations of international maritime conventions and treaties issued by His Excellency the President of the General Authority for Transport shall apply to violating vessels. The application of the penalties stipulated in these instructions shall not preclude the application of any more severe penalty provided for in the Commercial Maritime Law issued by Royal Decree No. (M/33) dated 5/4/1440 AH, the Maritime Vessel Control and Inspection Policy approved by Saudi Ports Authority Board of Directors' Resolution No. (76/J/8Da) dated 4/2/1442 AH, GCC Port Rules and Instructions, or any other regulation.
2. Mechanism for Applying Penalties:
- The Flag State Control Officer shall penalise the violating vessel in accordance with the executive regulations of international maritime conventions and treaties issued by His Excellency the President of the General Authority for Transport as follows:
Decision No. 07179 dated 22/1/1440 AH, regarding the Executive Regulations of the International Convention on Load Lines 1966 and its amendments
Decision No. 07181 dated 22/1/1440 AH, regarding the Executive Regulations of the International Convention for the Safety of Life at Sea 1974 and its amendments
Decision No. 07176 dated 22/1/1440 AH, regarding the Executive Regulations of the International Convention on Tonnage Measurement of Ships 1969
Decision No. 07178 dated 22/1/1440 AH, regarding the Executive Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 and its amendments
Decision No. 07182 dated 22/1/1440 AH, regarding the Executive Regulations of the Convention on the International Regulations for Preventing Collisions at Sea 1972 and its amendments
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Decision No. 07177 dated 22/1/1440 AH, regarding the Executive Regulations of the International Convention for the Prevention of Pollution from Ships 1973 and its amendments of 1978 and 1997
• Any more severe penalty provided for in any other regulation.
- The Flag State Control Officer shall complete the Violation Report form, stamped by the master of the violating vessel.
- The Director General of the Port's Control and Inspection Administration shall sign it and send it to the Director of the General Directorate of Control and Inspection at the main body along with all supporting attachments and documentation of the violation.
- The Director General of the General Directorate of Control and Inspection at the main body shall review and verify the violation, then obtain the approval of the competent authority for its adoption.
• After adoption, the Director General of the General Directorate of Control and Inspection at the main body shall issue a financial fine through the violation issuance system, indicating the payment reference number for settling invoices in favour of Saudi Ports Authority.
- The shipping agent shall be notified by the General Directorate of Control and Inspection at the main body to pay the financial fine.
Penalties — Executive Regulations of the International Convention on Load Lines 1966 and its Amendments (Decision No. 07179 dated 22/1/1440 AH):
1. The vessel operating company, in the event of failure to notify of an incident requiring the Maritime Authority's intervention for investigation or additional survey, or requiring coordination with other states if the incident occurred outside the Kingdom: a fine of ten thousand Saudi riyals (SAR 10,000).
2. Every vessel that violates its granted exemption rules or uses them after their expiry: a fine of twenty thousand Saudi riyals (SAR 20,000); and a fine of thirty thousand Saudi riyals (SAR 30,000) if the vessel sails despite the Maritime Authority's rejection of the exemption.
3. Every vessel that uses an alternative that does not achieve the same efficiency as the original device: a fine of twenty thousand Saudi riyals (SAR 20,000).
4. Every vessel that sails without taking the corrective action decided by the Maritime Authority or classification society: a fine of thirty thousand Saudi riyals (SAR 30,000), and the fine shall be fifty thousand Saudi riyals (SAR 50,000) if there is a possibility of endangering persons or property on board.
5. Every vessel that does not carry out the required surveys on time or within the permitted period: a fine of ten thousand Saudi riyals (SAR 10,000) per case.
6. Every vessel that violates any of the requirements for assigning load line or freeboard: a fine of ten thousand Saudi riyals (SAR 10,000) per violation, and penalties multiply with multiple violations.
7. Every vessel that does not maintain any of the records, certificates, or documents required under this convention or the related codes: a fine of five thousand Saudi riyals (SAR 5,000), and penalties multiply with multiple violations.
8. The master of an endangered vessel shall be fined five thousand Saudi riyals (SAR 5,000) in the event of non-compliance with the stability instructions issued to them.
Penalties — Executive Regulations of the International Convention for the Safety of Life at Sea 1974 and its Amendments (Decision No. 07181 dated 22/1/1440 AH):
1. The vessel operating company: a fine of ten thousand Saudi riyals (SAR 10,000) in the event of failure to notify of an incident requiring the Maritime Authority's intervention for investigation or additional survey, or requiring coordination with other states if the incident occurred outside the Kingdom.
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2. Every vessel that violates its granted exemption rules or uses them after their expiry: a fine of thirty thousand Saudi riyals (SAR 30,000); and a fine of fifty thousand Saudi riyals (SAR 50,000) if the vessel sails despite the Maritime Authority's rejection of the exemption.
3. Every vessel that uses an alternative that does not achieve the required efficiency as the original device: a fine of thirty thousand Saudi riyals (SAR 30,000).
4. Every vessel that transports persons in non-emergency situations: a fine of fifty thousand Saudi riyals (SAR 50,000), as well as if it fails to meet the safety requirements for all persons in emergency situations.
5. Every vessel that sails without taking the required maintenance measures decided by the Maritime Authority or classification society: a fine of thirty thousand Saudi riyals (SAR 30,000); and the fine shall be fifty thousand Saudi riyals (SAR 50,000) if there is a possibility of endangering persons or property on board.
6. Every vessel that does not carry out the required surveys on time or within the permitted period: a fine of ten thousand Saudi riyals (SAR 10,000) per case.
7. Every vessel that violates any of the construction, subdivision, stability, safe access, or operational requirements for equipment, doors, or systems for electrical installations: a fine of ten thousand Saudi riyals (SAR 10,000) per violation, and penalties multiply with multiple violations.
8. Every vessel that violates any of the requirements for fire prevention, containment, or structural resistance, or evacuation in the event of fire, or lacking trained and qualified crew for fire prevention or containment: a fine of fifty thousand Saudi riyals (SAR 50,000) per violation, and penalties multiply with multiple violations.
9. Every vessel that does not have a reliable means of voice communication between the main machinery control room or propulsion machinery control centre, as appropriate, the navigation bridge, and the quarters of engineering officers: a fine of ten thousand Saudi riyals (SAR 10,000).
10. Every vessel: a fine of ten thousand Saudi riyals (SAR 10,000) for non-compliance with any of the requirements set out in Chapter II, Part 2 of the Convention, and penalties multiply with multiple violations.
11. Every vessel that does not have approved and Maritime Authority-accepted life-saving appliances or violates the standards and requirements of the relevant provisions: a fine of thirty thousand Saudi riyals (SAR 30,000) if the appliances are individual basic items such as life jackets, lifebuoys, immersion suits, thermal protective aids, or liferings; and if they are liferafts or lifeboats, or if there is a failure in launching or embarkation devices, the fine shall be fifty thousand Saudi riyals (SAR 50,000) per violation, and penalties multiply.
12. Every vessel whose life-saving appliances are not operational or not ready for immediate use, or have not been subjected to the periodic maintenance and inspection specified in the relevant provisions, or do not meet the requirements and standards decided by the Maritime Authority, whether before the vessel leaves port or at all times during the voyage: a fine of thirty thousand Saudi riyals (SAR 30,000) per violation, and penalties multiply.
13. Every vessel: a fine of fifty thousand Saudi riyals (SAR 50,000) if any of its radio equipment (while sailing) is unable to transmit and receive all radio communications relating to maritime safety, whether from shore stations, other vessels, or search and rescue centres; or if any of the radio communication equipment does not meet the requirements and standards stipulated in the relevant provisions; or if the fault is not repaired upon becoming aware of it; and penalties multiply.
14. Every vessel that does not provide effective assurance of navigation equipment: a fine of thirty thousand Saudi riyals (SAR 30,000).
15. Every vessel that engages in radio activities that interfere with the traffic control tower: a fine of fifty thousand Saudi riyals (SAR 50,000).
16. Every vessel that violates traffic tower instructions: a fine of thirty thousand Saudi riyals (SAR 30,000); and if the violation results in a maritime accident leading to loss of life, pollution, or serious damage to other facilities, the fine shall be fifty thousand Saudi riyals (SAR 50,000).
17. Every vessel that does not maintain any of the records, certificates, or documents required under this Convention or the related codes: a fine of five thousand Saudi riyals (SAR 5,000); and if the vessel is a
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tanker, chemical tanker, or dangerous goods carrier, the penalty shall be twenty thousand Saudi riyals (SAR 20,000).
18. Every vessel that does not carry updated navigational charts or other navigational safety aids; or does not meet safe manning requirements, or the necessary equipment and arrangements for navigational safety, and pilot transfer requirements: a fine of ten thousand Saudi riyals (SAR 10,000) per violation, and penalties multiply.
19. Every vessel that does not provide rescue services to an endangered vessel without acceptable justification, despite receiving a distress call: a fine of fifty thousand Saudi riyals (SAR 50,000).
20. The master of an endangered vessel shall be fined thirty thousand Saudi riyals (SAR 30,000) in the event of failure to send a distress call and inability to take immediate action to avert the danger.
21. Every master who does not verify the operability of all navigation equipment before the voyage shall be fined five thousand Saudi riyals (SAR 5,000).
22. Every master who incorrectly uses international distress signals in a maritime emergency shall be fined ten thousand Saudi riyals (SAR 10,000).
23. Every vessel that does not meet the requirements for carriage of dangerous goods, chemicals, nuclear materials, or gases: a fine of fifty thousand Saudi riyals (SAR 50,000) per requirement, and penalties multiply.
24. The company operating a nuclear vessel shall be fined fifty thousand Saudi riyals (SAR 50,000) if the reactor design and construction do not meet the restrictions and requirements imposed by the relevant provisions and accepted by the Maritime Authority.
25. The nuclear vessel shall be fined fifty thousand Saudi riyals (SAR 50,000) if it fails to take the necessary measures to prevent passengers, crew, or others, or waterways, food, or water sources from being exposed to an unreasonable amount of radiation or any other hazards, whether at sea or in port.
26. Every vessel that does not meet safety management requirements: a fine of twenty thousand Saudi riyals (SAR 20,000).
27. Every vessel that does not meet maritime security requirements or automatic identification and tracking requirements: a fine of fifty thousand Saudi riyals (SAR 50,000).
28. Every company that does not meet safety management requirements: a fine of fifty thousand Saudi riyals (SAR 50,000).
29. Every company that does not meet maritime security requirements: a fine of one hundred thousand Saudi riyals (SAR 100,000).
30. Every vessel that does not maintain its continuous synopsis record: a fine of twenty thousand Saudi riyals (SAR 20,000); and the same penalty applies to every vessel that obliterates or alters the record data.
31. Every vessel that does not display its identification number clearly in the designated places: a fine of thirty thousand Saudi riyals (SAR 30,000).
32. Every vessel that does not carry on board a booklet specifying the stability, structural resistance, and other requirements that must be met for bulk carriers: a fine of twenty thousand Saudi riyals (SAR 20,000).
33. Every bulk carrier of less than (150) metres in length and single-hull type not equipped in all cargo holds or cargo ducts, as appropriate, with water level alarms in bilges, triggering an audible and visual alarm on the navigation bridge: a fine of ten thousand Saudi riyals (SAR 10,000).
34. The carrier shall be fined ten thousand Saudi riyals (SAR 10,000) for failure to declare the cargo density, in addition to providing cargo information.
35. Bulk carriers of (150) metres or more in length shall be fined one thousand Saudi riyals (SAR 1,000) in the event of the absence of a loading instrument capable of providing information on maximum hull strength and bending capacity.
36. Bulk carriers built after 1 July 2006 and of less than (150m) in length, if lacking a loading gauge capable of providing vessel stability information in an intact condition, or a computer program approved by the Maritime Authority for stability calculations: a fine of ten thousand Saudi riyals (SAR 10,000).
37. Container cargo vessels shall be fined five thousand Saudi riyals (SAR 5,000) for violation of weight rules and requirements.
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Penalties — Executive Regulations of the International Convention on Tonnage Measurement of Ships 1969 (Decision No. 07176 dated 22/1/1440 AH):
1. Every person who violates the provisions and articles of these regulations or any of its conditions shall be fined thirty thousand Saudi riyals (SAR 30,000) per occurrence.
Penalties — Executive Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 and its Amendments (Decision No. 07176 dated 22/1/1440 AH):
1. Every company whose crew member is found not to hold a certificate of competency shall be fined twenty thousand Saudi riyals (SAR 20,000) per certificate.
2. Every company whose crew member is found not to hold an appropriate certificate, endorsement, exemption, or documentary evidence of their eligibility for the position to which they are assigned that corresponds to the type and tonnage of the vessel, from a party recognized by the Maritime Authority: a fine of ten thousand Saudi riyals (SAR 10,000) per certificate.
3. Every shipping company that fails to meet the applicable safe manning requirements issued by the Maritime Authority: a fine of twenty thousand Saudi riyals (SAR 20,000).
4. Every shipping company for non-compliance with maritime or engineering watch arrangements with the requirements specified by the Maritime Authority for the vessel: a fine of ten thousand Saudi riyals (SAR 10,000).
5. Every shipping company where a qualified person is not available to operate the necessary equipment for safe maritime navigation or safety radio communications on board, or for prevention of marine pollution in any watch: a fine of five thousand Saudi riyals (SAR 5,000).
6. Every shipping company that fails to provide persons who have had adequate rest and are fit to perform the first watch at the start of a voyage and subsequent watches: a fine of three thousand Saudi riyals (SAR 3,000).
7. Every master who unintentionally conceals or provides false information enabling a person without an appropriate certificate, valid exemption, or evidence of competence to perform any function or service required by these regulations to be performed in their capacity: a fine of three thousand Saudi riyals (SAR 3,000).
8. Every master who intentionally conceals or provides false information enabling a person without an appropriate certificate, valid exemption, or evidence of competence to perform any function or service required by these regulations to be performed with their capacity: a fine of ten thousand Saudi riyals (SAR 10,000).
9. Every person who obtains an employment contract through fraud or document forgery to perform any function or service in any capacity that these regulations require to be performed or occupied by a person holding a certificate or exemption: a fine of ten thousand Saudi riyals (SAR 10,000).
10. Every master, officer, engineer, or sailor who has worked on a vessel not exceeding 500 gross tonnage without obtaining the appropriate certificates: a fine of two thousand Saudi riyals (SAR 2,000).
11. Every master, chief officer, chief engineer officer, and second engineer officer on a seagoing vessel of 500 gross tonnage or more without holding an appropriate certificate: a fine of three thousand Saudi riyals (SAR 3,000).
12. Every master, officer, or radio operator proven to be involved in the misuse of radio communication equipment: a fine of ten thousand Saudi riyals (SAR 10,000).
13. Every master, officer, engineer, or sailor who intentionally caused the vessel to be involved in a collision, grounding, or stranding accident: a fine of twenty thousand Saudi riyals (SAR 20,000).
14. Every master, officer, engineer, or sailor who intentionally caused marine environmental pollution with harmful polluting materials at sea directly or indirectly from the vessel or in contravention of any
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