mawani_gov_sa · circular · processed · 44 chunks
MAWANI – Saudi Ports Authority Instructions for Inspection and Control of Foreign Ships (Port State Control) <table><tr><td>Issue Date</td><td>Issue Number</td></tr><tr><td>29/01/1441H – 29/09/2019</td><td>(1)</td></tr><tr><td>30/06/1441H – 24/02/2020</td><td>(2)</td></tr><tr><td>09/05/1443H – 14/12/2021</td><td>(3)</td></tr></table> Public - Jam Article 1: Purpose These instructions constitute a binding directive containing comprehensive standards used as a reference for marine inspection and control procedures on foreign ships while present in the State's territorial waters and ports, in accordance with the requirements of the Riyadh Memorandum of Understanding on Inspection and Control of Ships and the Marine Inspection and Control Policy approved by the Board of Directors of Saudi Ports Authority under Resolution No. (76/C8/D1) dated (04/02/1442H). This is to ensure that all measures taken on board these ships comply with the provisions of the Saudi Commercial Maritime Law and the specifications and requirements of international maritime conventions ratified by the State, as well as international maritime conventions not ratified by the State but which have entered into force internationally. These procedures aim to establish the principles for inspection and control of foreign ships under the Port State Control system to raise safety standards and protect the marine environment from any pollution originating from commercial ships 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 complete their work in managing and operating the ship for an upcoming voyage when departing from one of the State's ports or leaving Saudi territorial waters. Article 2: Responsibilities Saudi Ports Authority / Competent Administration / Director General of the General Directorate of Inspection and Control / Directors of Inspection and Control Directorates in ports / Port State Control Officers (PSCO). Article 3: Definitions <table><tr><td>Definition</td><td>Term</td></tr><tr><td>The Kingdom of Saudi Arabia</td><td>State</td></tr><tr><td>Saudi Ports Authority (MAWANI) or any entity it delegates to perform work on its behalf</td><td>Authority</td></tr><tr><td>General Authority for Transport (Maritime Transport Agency)</td><td>Maritime Authority</td></tr><tr><td>The General Directorate of Inspection and Control, headquartered at the Authority's main office, responsible for regulating and overseeing marine inspection and control operations on ships and supervising the application and enforcement of all relevant international conventions and treaties</td><td>Competent Administration</td></tr><tr><td>The International Maritime Organization (IMO), responsible for issuing international rules, legislation, and regulations for the maritime transport industry to preserve safety of life and property at sea, headquartered in London</td><td>The Organization</td></tr><tr><td>International maritime conventions issued by the IMO</td><td>International Maritime Conventions</td></tr><tr><td>Implementing regulations of international conventions and treaties issued by the Maritime Authority</td><td>Implementing Regulations</td></tr><tr><td>Rules and instructions of seaports in the Gulf Cooperation Council states</td><td>Port Rules and Instructions</td></tr><tr><td>The state under whose flag the ship is entitled to sail</td><td>Flag State</td></tr></table> Public - ملع <table><tr><td>Any floating facility normally used for maritime navigation, even if not for profit; ship accessories necessary for its exploitation are considered part of it</td><td>Ship/Vessel</td></tr><tr><td>Deficiencies in maritime navigation according to the requirements of international conventions, affecting ships calling at Saudi ports</td><td>Technical Violations</td></tr><tr><td>Financial penalties imposed on a ship as a result of technical violations recorded against it, in accordance with relevant regulations</td><td>Financial Violations</td></tr><tr><td>One or more clear pieces of evidence that the ship, its equipment, or its crew does not comply with the requirements of a relevant international maritime convention, or that the master or a crew member lacks basic knowledge of procedures related to the safety of the ship or the prevention of marine pollution</td><td>Clear Grounds</td></tr><tr><td>Deficiencies discovered by an inspector during inspection of a ship that do not comply with or meet the requirements of relevant maritime conventions</td><td>Deficiencies</td></tr><tr><td>An action taken by the inspector, in coordination with the Inspection and Control Directorate, to prevent a ship from sailing when the ship's or crew's condition does not comply with relevant international convention requirements, thereby protecting the ship, crew, or marine environment from risks arising from non-compliance; guided by the IMO Resolution A.1052(27) and related resolutions</td><td>Detention</td></tr><tr><td>A visit by one or more PSCO inspectors on board a ship to examine the validity of certificates and documents and verify their compliance with international maritime conventions, and to check the general condition of the ship, its equipment, and crew and their ability to operate the ship</td><td>Inspection</td></tr><tr><td>The officer officially authorized by the Competent Administration to carry out inspection and control operations on all foreign ships in ports under the Authority's supervision</td><td>Port State Control Officer</td></tr><tr><td>When there is conclusive evidence of non-compliance of the ship's, equipment's, or crew's condition with the ship's certificates, the inspector conducts a detailed and thorough inspection</td><td>More Detailed Inspection</td></tr><tr><td>The person authorized by the Authority to inspect and survey foreign ships on board</td><td>PSCO (Port State Control Officer / Inspector)</td></tr><tr><td>A ship whose hull, machinery, equipment, or operation does not conform to international maritime convention requirements; considered substandard due to missing or non-conforming equipment, or permanent deterioration of condition due to lack of periodic maintenance, or an incomplete crew with qualifications not compliant with the minimum safe manning document</td><td>Substandard Ship</td></tr><tr><td>An institution or legal entity that surveys and classifies ships by type and purpose, delegated by the flag state to act on its behalf</td><td>Recognized Organization</td></tr><tr><td>An official prohibition against a ship from continuing operations due to a defect or defects that, individually or collectively, could result in hazards from continued operation</td><td>Stoppage of an Operation</td></tr><tr><td>Certificates issued directly by the member state of the relevant international maritime convention or by the recognized organization on its behalf, containing valid and accurate dates in line with the relevant convention provisions, and information about the ship according to its type, crew, and equipment</td><td>Valid Certificates</td></tr></table> Public - مك <table><tr><td>The officer officially authorized by the Authority to pilot ships entering and leaving the port and navigational passages in ports under the Authority's supervision</td><td>Marine Pilot</td></tr><tr><td>The qualified person in command of the ship and responsible for its management</td><td>Master / Captain</td></tr><tr><td>The person registered in the ship's registry as owner of the ship</td><td>Ship Owner</td></tr><tr><td>The person licensed by the Authority to practice maritime agency activities, delegated by ship owners or operators to act on their behalf in dealings with the port, government entities, business sector, and other related parties</td><td>Maritime Agent</td></tr><tr><td>A regional memorandum among GCC states under the auspices of the IMO, concerned with port state control</td><td>Riyadh MOU on Inspection and Control of Foreign Ships</td></tr><tr><td>Inspection of a ship when grounds exist as required by the ship's circumstances, equipment, or crew that do not meet international maritime convention requirements, necessitating more concentrated, detailed inspection for compliance with safe ship operation requirements under the Riyadh MOU</td><td>Concentrated Inspection Campaign (CIC)</td></tr><tr><td>An electronic system that allows the Port State Control Officer to enter information about foreign ships undergoing marine inspection while in ports under the Authority's supervision</td><td>Riyadh MOU Information Center (Riyadh SIS)</td></tr></table> Article 4: Scope of Application These instructions apply to Saudi Ports Authority (General Directorate of Inspection and Control and its branches) or those it delegates from private port authorities to perform work on its behalf, as follows: 1. Without prejudice to the provisions of international maritime conventions and treaties signed by the Kingdom, these instructions apply to all foreign ships only when present in ports, and the provisions of these instructions apply to the following: a. All foreign commercial ships or passenger ships with a gross tonnage of not less than (500 tons). b. Ships with a gross tonnage of less than (500 tons). 2. These instructions do not apply to the following: a. Military ships b. National ships c. Ships not equipped with mechanical means of propulsion d. Primitive wooden ships e. Pleasure yachts not engaged in any commercial activity f. Fishing vessels 3. Inspection procedures apply to all foreign ships calling at the State's ports and territorial waters as follows: a. Ships to which international maritime conventions apply, 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 the 1988 Protocol and any subsequent amendments) 3. International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 and 1997 Protocols (MARPOL 73/78) and its amendments (and any subsequent amendments) Public - ملع 4. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 1978) and its amendments (and any subsequent 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. The Saudi Commercial Maritime Law issued by Royal Decree No. (M/33) dated 05/04/1440H (and any subsequent amendments) 11. Mandatory codes issued by the IMO (the IMO General Assembly and its specialized committees) 12. The 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. The Kuwait Regional Convention for Co-operation 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 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 (HNS Protocol), and any subsequent amendments b. For foreign ships with small tonnages not subject to international maritime conventions, inspectors shall use their skills and expertise to verify the validity of any certificate or document issued by the maritime administration of the ship's flag state. The scope of inspection shall be limited to these certificates and documents by scrutinizing and verifying the ship's technical condition. The ship's condition shall be assessed taking into account factors such as the ship's length, nature of the intended voyage, size and type of the ship, equipment on board, and type of cargo, to ensure that no risks arise that threaten safety or the marine environment. Article 5: Basic Principles 1. Inspection and marine control operations shall be subject to the requirements of the Riyadh MOU and IMO General Assembly Resolution No. A.1052(27) of 2011 and related resolutions on PSC procedures for inspection of foreign ships in the State's territorial waters and ports, and in accordance with the provisions of the Saudi Commercial Maritime Law, 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 and the requirements of the relevant international maritime conventions. 3. Cooperation between flag state activities and port state control in Saudi Arabia: (If a ship flying the Saudi Arabian flag is detained in a port of a state party to a relevant international maritime convention under the PSC system and under the procedures of any PSC MOU, the expertise of port state control officers shall be utilized to coordinate with the flag state department in tracking the reasons for detention, correcting deficiencies, removing grounds for detention, and following up with the relevant classification societies.) 4. The Authority, represented by the General Directorate of Inspection and Control, shall provide the following information to the Riyadh MOU Secretariat and update it annually or as necessary: Public - ملع a. A list of inspectors working in the Authority to perform inspection and control of foreign ships. b. Submission of the number of foreign ships eligible for inspection at the end of each calendar year that entered the State's ports or territorial waters during that year. 5. The Authority, represented by the General Directorate of Inspection and Control, shall develop guidelines for procedures related to the Maritime Labour Convention (MLC 2006). 6. In the case of applying Concentrated Inspection Campaigns (CIC), the Authority, in accordance with Riyadh MOU recommendations, must circulate to ship owners and maritime agents the date and duration of the campaign and the specific aspect to be focused upon during inspection, allowing a reasonable period before starting the concentrated inspection. 7. Based on the outputs of the approved strategic plan, the targeted inspection rate for foreign ships must be achieved in accordance with the Riyadh MOU (15%) annually from the number of ships that entered the State's ports and territorial waters and are subject to the requirements of the relevant international maritime conventions, after the target ship-filtering process. Article 6: Professional Requirements for Port State Control Officers (PSCO) 1. The marine inspection process must be carried out by a qualified inspector who has completed the qualification requirements as set out in paragraph (7) below. 2. Inspectors and their assistants must not have any employment relationship of interest or commercial benefit with any maritime entity with an interest in the nature of the PSC inspection work. 3. The inspector must carry an identification card issued by the Authority's General Directorate of Inspection and Control proving that they are authorized with inspection, survey, and judicial control powers on ships in accordance with Annex No. (5) of the Riyadh MOU. Article 7: Qualifications and Required Standards for Port State Control Officers (PSCO) 1. In accordance with Riyadh MOU Annex No. (4) regarding the qualifications and standards for PSCOs (Inspectors), and the Marine Inspection and Control Policy approved by the Board of Directors of Saudi Ports Authority under Resolution No. (76/C8/1D) dated (04/02/1442H), the following is required: a. The inspector must have completed no less than one year of service in inspection and survey with a flag state. b. The inspector must hold a certificate of competency as Master Mariner or Chief Engineer with at least five years' sea service on ships as a navigational or engineering watch officer, or hold a degree in naval architecture, mechanical engineering, or a related maritime field with no less than five years' experience in the same specialty, or hold an equivalent qualification as deemed appropriate by the Authority. c. In lieu of the above, an officer is considered qualified if they have the following: 1) Has received specialized training in ship inspection and control. 2) Has no less than two years' practical experience in inspection and survey as a flag state surveyor or inspector, or as a port state control officer. 3) Has the ability to communicate orally and in writing using recognized maritime terminology. 4) Has knowledge of all international maritime conventions and ship inspection and control procedures. 5) The inspector must have a good ability to communicate in English with the crew and decision-makers on board the ship. 6) An inspector who was appointed at the Authority before the Riyadh MOU entered into force is considered qualified even if they have not completed the qualification standards mentioned above. Public - نعل 2. The Authority shall provide the necessary training for inspectors by having PSCOs participate in specialized courses on a periodic basis to obtain updated necessary information and to be acquainted with the latest practices and requirements of international maritime conventions relevant to marine inspection, taking into account IMO circulars on the latest updates to training courses for Port State Control. Article 8: Criteria for Selecting Ships for Survey and Inspection 1. Concentrated Inspection Campaigns (CIC). 2. Ships visiting a port of a state whose authority is signatory to the Riyadh MOU, whether the ship is visiting the port for the first time or after an absence of six months or more. 3. Ships authorized to leave the port of a state whose authority is signatory to this MOU, provided that deficiencies noted during the previous visit have been repaired within a specified period, with follow-up upon expiration of that period. 4. Feedback from port officials such as (Marine Pilot, Port Warden, Harbour Master, port authorities, Port Security Officer). 5. The database of ships detained and banned from entering the State's ports. 6. Reports from neighboring ports and other MOUs about substandard ships. 7. Ships carrying dangerous or pollutant cargo that have not notified the competent port or coastal state authority with all information related to the ship's details, movements, and all matters related to the dangerous and pollutant cargo they carry. 8. Ships that have been withdrawn from or lost their classification for safety-related reasons in the preceding six months. 9. The Riyadh MOU database (RIYADH SIS) or ship databases such as (EQUASIS). 10. Random field visits. Article 9: Clear Grounds Requiring More Detailed Inspection 11. Absence of equipment or installations required under international maritime conventions. 12. Expired ship certificate(s). 13. Documents required under international conventions are missing, incomplete, or contain incorrect information. 14. The inspector's general impression from observing the ship's hull or structure showing deformation and damage that may pose a hazard to the ship, its crew, and the marine environment. 15. If it becomes apparent to the inspector that the master or crew do not have full knowledge of the safe ship operation and pollution prevention procedures, or that they have not carried out such procedures. 16. If it is apparent that crew members cannot communicate with each other in a common language. 17. Incorrect procedures for canceling a false distress call. 18. Upon receiving a report or complaint containing information that the ship is substandard and below the required standard. Article 10: Violations and Detention Public - عлع 1. Reporting Deficiencies: Information should be provided in writing so that appropriate documentation of the case and deficiencies can be compiled and recorded through the ship inspection report. 2. Flag State Responsibilities Regarding Corrective Measures: If the flag state control officer decides to take corrective measures as specified in Article 9 to ensure the ship's safety, corrective measures should be ensured immediately to ensure the safety of the ship and its passengers and/or crew members, and to remove any danger of damage to the marine environment, before the ship is permitted to sail. 3. The PSCO shall detain a ship in port and prevent it from sailing if it is found that: a. The ship violates the provisions of international maritime conventions and treaties and local regulations while present in ports under the Authority's supervision. b. Its technical violations and their impact on the safety of life, property, maritime safety and environment, and safe operation, as classified under the codes of the Riyadh MOU on inspection and control of ships. 4. Reporting Procedures for Detained Ships: a. If the marine inspector finds that there are observations or violations on the ship and confirms that detention is warranted, they complete the necessary detention procedures and then notify the Director of Marine Inspection and Control at the port of the observations that led to the ship's detention. b. The Director of Marine Inspection and Control at the port notifies the Director General of the General Directorate of Inspection and Control at the main office through approved communication channels, detailing the detained ship's data and recorded observations, and attaches the Riyadh MOU electronic inspection forms (Form A & Form B). c. The Director General of the General Directorate of Inspection and Control at the main office will notify the port directorate where the ship is detained through approved communication channels, detailing the recorded observations and requesting that the relevant parties be instructed not to allow the ship to sail until further notice, and to complete the regulatory procedures accordingly. d. The port directorate will, in turn, complete the necessary steps to notify the ship's agent of the detention decision and inform the relevant authorities. e. The Director General of the General Directorate of Inspection and Control at the main office completes the procedures for notifying the flag state of the detained ship or the classification societies, and also uploads to the GISIS integrated information exchange system and notifies the Riyadh MOU Secretariat of the ship's detention. 5. Allowing the Violating Ship to Sail: a. If the marine inspector confirms that the detained ship has rectified the observations that warranted detention, they notify the Director of Marine Inspection and Control at the port of the rectification of the observations recorded against the detained ship. b. Upon confirmation of rectification, the Director of Marine Inspection and Control at the port notifies the Director General of the General Directorate of Inspection and Control at the main office through approved communication channels, indicating rectification of the observations, and attaches the Riyadh MOU electronic inspection forms (Form A & Form B) after updating the detention code. c. The Director General of the General Directorate of Inspection and Control at the main office will notify the port directorate where the ship was detained through approved communication channels to inform them of the rectification of observations against the detained ship, and request completion of regulatory procedures accordingly. d. The port directorate completes the regulatory procedures for the ship's departure. Public - ملع e. The Director General of the General Directorate of Inspection and Control at the main office completes the procedures for notifying the flag state of the lifting of detention, updates the GISIS integrated information exchange system, and notifies the Riyadh MOU Secretariat of the lifting of the ship's detention. Article 11: Operations 1. Review of Legal and Legislative Requirements and Preparation of Checklists <table><tr><td rowspan="2">Seq.</td><td rowspan="2">Steps</td><td colspan="4">RESPNSIBILITY</td><td rowspan="2">Time Period</td><td rowspan="2">Documents / Related Forms</td></tr><tr><td>DG Control</td><td>Senior Inspector</td><td>Marine Inspector</td><td>Control Dept. Director</td></tr><tr><td>10.1.1</td><td>The Director of Marine Inspection and Control Directorate, or their designee, coordinates with marine inspectors to prepare and implement work mechanisms, and determines the number and qualifications of the technical staff needed to complete these operations with the required quality and effectiveness</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 Marine Inspector / Senior Marine Inspector prepares/reviews checklists to use as a reference in inspection and survey operations, in addition to complying with the Riyadh MOU (FORM A & FORM B) throughout the year; these lists include the essential requirements of laws, legislation, treaties, and conventions applicable in Saudi Arabia</td><td></td><td>√</td><td>√</td><td></td><td>Second week of January – 3 working days</td><td>REPORT OF INSPECTION FORM A | REPORT OF INSPECTION FORM B</td></tr><tr><td>10.1.3</td><td>Throughout the year, as inspectors conduct inspection campaigns (per Procedure 6.2), the Director of Marine Inspection and Control Directorate monitors these operations monthly and continuously verifies</td><td>√</td><td>√</td><td>√</td><td></td><td>First week of each month</td><td>MONTHLY REPORT BY (RIYADH SIS)</td></tr></table> Public - عام <table><tr><td></td><td>that inspection results comply with applicable laws, legislation, treaties, and conventions and achieves the inspection target for foreign ships per Riyadh MOU</td><td></td><td></td><td></td><td></td><td></td><td></td></tr><tr><td>10.1.4</td><td>In case of any amendments to any requirements, the Director of Marine Inspection and Control Directorate, or their designee, notifies inspectors to update the checklists prepared for survey and inspection purposes</td><td>√</td><td>√</td><td>√</td><td></td><td></td><td>REPORT OF INSPECTION FORM A | REPORT OF INSPECTION FORM B</td></tr><tr><td>10.1.5</td><td>At year-end, the Director of Marine Inspection and Control Directorate, or their designee, in coordination with marine inspectors, prepares an annual report containing an analysis of achievement ratios for operational and strategic objectives, then submits it to the Director General of Inspection and Control</td><td>√</td><td>√</td><td>√</td><td>√</td><td>Fourth week of December</td><td>END OF YEAR REPORT BY (RIYADH SIS)</td></tr><tr><td>10.1.6</td><td>- The DG of Inspection and Control sends the final report to the Quality Control Department for comparisons and improvements to the strategic plan and performance responsibilities. - The DG of Inspection and Control is provided by Quality Control with the comparison results to evaluate and develop inspection, review, and improvement plans for PSC procedures</td><td>√</td><td></td><td>√</td><td>√</td><td>First week of January</td><td>QUALITY OF INSPECTION AND OPERATIONS ANALYSIS REPORT</td></tr></table> 2. Inspection and Survey Procedure Public - عام <table><tr><td>Seq.</td><td>Steps</td><td>DG Control</td><td>Senior Inspector</td><td>Marine Inspector</td><td>Control Dept. Director</td><td>Time Period</td><td>Documents / Related Forms</td></tr><tr><td>10.2.1</td><td>The Marine Inspector / Senior Marine Inspector monitors ship movements and their periods in port daily and continuously through daily reports sent from the port directorate, the AIS vessel tracking website, or any other reliable information source related to ship safety, security, and navigation safety in the State's territorial waters. The inspector identifies ships to be inspected after filtering the target list based on the criteria mentioned in Article 8</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 Marine Inspector / Senior Marine Inspector verifies ship data via the Riyadh MOU website (WWW.RIYADHSIS.ORG) to confirm whether the ship was inspected by any member state of the MOU during the previous six months, taking into account Article 7/3 of the Riyadh MOU which states: Authorities shall not seek to inspect ships already inspected by other authorities within the preceding six months unless there are clear grounds; this does not apply to ships in Article 6/3 which may be inspected whenever the Authority deems necessary</td><td></td><td>√</td><td>√</td><td></td><td>Second week of January – 3 working days</td><td>RIYADH SIS</td></tr><tr><td>10.2.3</td><td>The Marine Inspector / Senior Marine Inspector prepares information on the applicable international maritime requirements for the ship based on available ship data</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 ship to be inspected, board it, and</td><td></td><td>√</td><td>√</td><td></td><td></td><td>PSCO ID</td></tr></table> Public - 2014 <table><tr><td></td><td>introduce the PSCO's identity to the master</td><td></td><td></td><td></td><td></td><td></td><td></td></tr><tr><td>10.2.5</td><td>Examine the ship's documents and certificates, verify their existence, validity, and compliance with international maritime requirements. If certificates and documents are in compliance and there are no obvious deficiencies affecting the ship's safety and security for the upcoming voyage, a decision is made on the ship's seaworthiness and a report is issued on Form A for inspection of foreign ships</td><td></td><td>√</td><td>√</td><td></td><td></td><td>REPORT OF INSPECTION FORM A</td></tr><tr><td>10.2.6</td><td>If there is non-compliance between the certificates/documents on board and the ship's technical condition, or there is an obvious defect affecting the ship's seaworthiness, a detailed inspection is conducted and a report is issued on Form A and Form B identifying the technical deficiencies found; or a decision is made to prevent the ship from sailing until deficiencies warranting detention are corrected (per the foreign ship detention procedures below). The original copy of the report is delivered to the master after signing by both the master and the PSCO</td><td></td><td>√</td><td>√</td><td></td><td></td><td>REPORT OF INSPECTION FORM A | REPORT OF INSPECTION FORM B</td></tr><tr><td>10.2.7</td><td>After completing the inspection and survey, the Marine Inspector / Senior Marine Inspector writes the inspection report and submits it to the Director of Marine Inspection and Control Directorate, or their designee, for review</td><td></td><td>√</td><td>√</td><td></td><td>Daily working day</td><td>BY EMAIL / INTERNAL</td></tr><tr><td>10.2.8</td><td>The Marine Inspector / Senior Marine Inspector</td><td></td><td>√</td><td>√</td><td></td><td></td><td>REPORT OF INSPECTION</td></tr></table> Public - 2014 <table><tr><td></td><td>enters the required data on the Riyadh MOU website, prints and signs the report, includes it in inspection statistics, and files the records</td><td></td><td></td><td></td><td></td><td>FORM A | REPORT OF INSPECTION FORM B | FINAL BY RIYADH SIS</td></tr><tr><td>10.2.9</td><td>Follow up on re-inspection of the ship after correction of technical and operational deficiencies found during the initial inspection, and correct violations on the Riyadh MOU website</td><td></td><td>√</td><td>√</td><td></td><td>REPORT OF INSPECTION FORM B | ACTION TAKEN - FORM C.3 | FINAL BY RIYADH SIS</td></tr></table> 3. Detention of a Foreign Ship and Banning Re-entry into State Ports <table><tr><td>Seq.</td><td>Steps</td><td>DG Control</td><td>Senior Inspector</td><td>Marine Inspector</td><td>Control Dept. Director</td><td>Time Period</td><td>Documents / Related Forms</td></tr><tr><td>10.3.1</td><td>If the ship's condition requires preventing it from sailing, the Marine Inspector / Senior Marine Inspector immediately detains the ship after the Director of Marine Inspection and Control Directorate approves the grounds justifying the detention under the Saudi Commercial Maritime Law, Riyadh MOU, and international treaties</td><td></td><td>√</td><td>√</td><td></td><td></td><td>FORM C</td></tr><tr><td>10.3.2</td><td>The Director General notifies the ship's flag state and classification society as per the form stipulated in the Riyadh MOU</td><td></td><td></td><td></td><td>√</td><td>1 working day</td><td>FORM C.1</td></tr><tr><td>10.3.3</td><td>The Director General sends the ship detention notice to the port directorate to enforce the departure ban, with a copy to the flag state embassy or consulate of the foreign ship</td><td>√</td><td></td><td></td><td>√</td><td>1 working day</td><td>NOTICE OF DETENTION FOR PORTS BY EMAIL | OFFICIAL LETTER BY FOREIGN AFFAIRS</td></tr><tr><td>10.3.4</td><td>The Director General sends a letter to release the detention and permit sailing</td><td>√</td><td></td><td></td><td>√</td><td>1 working day</td><td>FORM C.2</td></tr><tr><td>10.3.5</td><td>The Director General notifies the next port about</td><td>√</td><td></td><td></td><td>√</td><td>1 working day</td><td>FORM C.3</td></tr></table> Public - 2014 the observations on the ship Note (1): The Director General or their designee must notify the ship owner/operator/master of the requirement to confirm arrival at the repair port to the Marine Inspection and Control Directorate as per the approved form (PORT STATE CONTROL CONDITIONS OF RELEASE FORM – DETENTION TO PROCEED TO A REPAIR YARD / DRY DOCK), and confirm that failure to comply with this agreement will result in not being permitted to enter the State's ports again. Note (2): The decision not to permit the substandard ship to enter the State's ports takes effect after the ship leaves the detention port. Note (3): The Marine Inspection and Control Directorate must notify the ship owner/operator/master of the consequences of detention and banning the ship from entering the State's ports if repairs are not carried out and the grounds for the ban are not fulfilled, by means of a Notice Letter. Note (4): Regarding recurring detention cases: what applies in the case where the ship owner/operator/master is unable to remedy violations at the ship's current location applies to the case where the ship owner/operator/master is able to remedy violations at the ship's current location. Note (5): The database for the detention process and permitting ships to leave the State's ports must be updated after any ship detention or permission to leave the State's ports. Note (6): A quarterly report is submitted to the IMO showing the number of ships detained in the State's ports and the reasons for detention, as well as ships expelled and banned from entering the State, and the same report is sent to other MOUs for coordination. Article 12: Instructions Performance Indicators <table><tr><td>Target</td><td>Performance Indicators</td></tr><tr><td>15% annually of the targeted ships subject to inspection procedures under the Riyadh MOU that entered the State's ports and waters</td><td>Achieving the inspection rate for foreign ships per the Riyadh MOU (ships to which international maritime conventions apply)</td></tr><tr><td>(2 sessions) per PSCO / annually</td><td>Holding training courses or workshops for all PSCOs involved in inspection and control work for awareness purposes</td></tr></table> Article 13: Approved Forms <table><tr><td>No.</td><td>Name</td><td>Record/Form Number</td></tr><tr><td>1</td><td>Inspection Checklist</td><td>Report of Inspection (Form A / Form B)</td></tr><tr><td>2</td><td>Ship Survey Report</td><td>Class Report</td></tr><tr><td>3</td><td>Ship Detention</td><td>FORM C / C.1</td></tr><tr><td>4</td><td>Approval to Sail to Repair Yard or Next Port</td><td>FORM C.3</td></tr><tr><td>5</td><td>Notice to Release a Detained Ship to Sail</td><td>FORM C.2</td></tr></table> Article 14: Operations Implementation Standards <table><tr><td>No.</td><td>Procedures</td><td>Time Period</td></tr></table> Public - عлع <table><tr><td>1</td><td>Preparation of work mechanisms and determination of the number and qualifications of technical staff needed to complete inspection operations with the required quality and effectiveness</td><td>First week of January</td></tr><tr><td>2</td><td>Review of checklists</td><td>Second week of January – 3 working days</td></tr><tr><td>3</td><td>Monitoring ship 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 Directorate, or their designee</td><td>Daily working day</td></tr><tr><td>5</td><td>Preparing the monthly inspection report and submitting it to the DG of Inspection and Control</td><td>First week of each month</td></tr><tr><td>6</td><td>Preparing the annual inspection report and submitting it to the DG of Inspection and Control</td><td>Fourth week of December</td></tr><tr><td>7</td><td>Sending reports from the DG of Inspection and Control to the Quality Control Department</td><td>Last week of each quarter</td></tr><tr><td>8</td><td>Sending reports from the Quality Control Department to the DG of Inspection and Control</td><td>Last week of each quarter</td></tr></table> Article 15: Roles and Entry into Force These are the roles required to approve the instructions, including the procedures and standards that must be implemented and followed, as follows: 1. Responsibilities of the Competent Administration: - Raising the qualification and training efficiency of PSCOs - Providing PSCOs with all circulars issued by the IMO, implementing regulations issued by the Maritime Authority, or the Riyadh MOU regarding maritime treaties and conventions, and circulars specific to violating ships. - Compliance with any relevant instructions or regulations relating to maritime conventions established by the State. - Making every effort to avoid detaining a ship and preventing it from sailing or delaying it without regulatory justification. • Urging port control officers to target and inspect substandard ships. - Collecting marine inspection statistics on foreign ships to define and determine the framework for PSC procedures and to determine the sufficiency of human resources of officers/marine engineers to achieve the inspection rate stipulated in the Riyadh MOU on Inspection and Control of Foreign Ships, and the necessary budget procedures for their employment, qualification, and training. - Approving technical violations and (financial fines) imposed by PSCOs on violating ships, and the procedures for reporting violations and monitoring their payment. 2. The provisions of these instructions, their annexes, and the conditions 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 line with the requirements of international maritime conventions, treaties, and resolutions issued by the relevant organizations. Article 16: Annexes (Penalties) Public - ملع 1. The penalties contained in the implementing regulations of maritime conventions and treaties issued by His Excellency the President of the General Authority for Transport shall be applied to violating ships. The application of the penalties stipulated in these instructions does not preclude the application of any stricter penalty, whether contained in the Commercial Maritime Law issued by Royal Decree No. (M/33) dated 05/04/1440H, the Marine Inspection and Control Instructions approved by the Board of Directors of Saudi Ports Authority under Resolution No. (76/C8/1D) dated (04/02/1442H), the GCC port rules and instructions, or any other regulation. 2. Penalty Application Mechanism: a. The flag state control officer shall penalize the violating ship in accordance with the implementing regulations of maritime conventions and treaties issued by His Excellency the President of the General Authority for Transport, as follows: - Resolution No. 07179 dated 22/01/1440H, concerning the Implementing Regulations of the International Convention on Load Lines 1966 and its amendments • Resolution No. 07181 dated 22/01/1440H, concerning the Implementing Regulations of the International Convention for the Safety of Life at Sea 1974 and its amendments - Resolution No. 07176 dated 22/01/1440H, concerning the Implementing Regulations of the International Convention on Tonnage Measurement of Ships 1969 - Resolution No. 07178 dated 22/01/1440H, concerning the Implementing Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 and its amendments - Resolution No. 07182 dated 22/01/1440H, concerning the Implementing Regulations of the Convention on the International Regulations for Preventing Collisions at Sea 1972 and its amendments - Resolution No. 07177 dated 22/01/1440H, concerning the Implementing Regulations of the International Convention for the Prevention of Pollution from Ships 1973 and its amendments for 1978 and 1997 b. Any stricter penalty contained in another regulation. c. The flag state control officer shall issue a Violation Report form and have it stamped by the master of the violating ship. d. The Director of Marine Inspection and Control at the port where the violation was recorded shall sign it and send it to the Director General of the General Directorate of Inspection and Control at the main office with all attachments and supporting documents for the violation. e. The Director General of the General Directorate of Inspection and Control at the main office reviews and verifies the violation, then obtains approval from the authorized official. f. After approval, the Director General of the General Directorate of Inspection and Control at the main office issues a financial violation through the violation issuance system, indicating the payment reference number for paying bills to Saudi Ports Authority. g. The maritime agent is contacted by the General Directorate of Inspection and Control at the main office to pay the financial violation. Penalties – Implementing Regulations of the International Convention on Load Lines 1966 and its Amendments Approved by Resolution of His Excellency the President of the General Authority for Transport No. 07179 dated 22/01/1440H 1. The ship operating company, in the event of failure to notify the Maritime Authority of an incident requiring investigation or additional survey, or coordination with other states if the incident occurred outside the Kingdom, shall be fined ten thousand Saudi Riyals (SAR 10,000). Public - عлع 2. Every ship that violates the exemption rules granted to it or uses them after they have expired shall be fined twenty thousand Saudi Riyals (SAR 20,000), and shall be fined thirty thousand Saudi Riyals (SAR 30,000) if the ship sails despite the Maritime Authority's rejection of the exemption. 3. Every ship using a substitute that does not achieve the same efficiency required for the original device shall be fined twenty thousand Saudi Riyals (SAR 20,000). 4. Every ship that sails without taking the corrective action decided by the Maritime Authority or the classification society shall be fined thirty thousand Saudi Riyals (SAR 30,000), and the fine shall be fifty thousand Saudi Riyals (SAR 50,000) if there is a likelihood of danger to persons or property on board the ship. 5. Every ship that does not undergo the required surveys on time or within the permitted period shall be fined ten thousand Saudi Riyals (SAR 10,000) for each separate instance. 6. Every ship that violates any of the load line assignment or freeboard requirements shall be fined ten thousand Saudi Riyals (SAR 10,000) for each violation, and penalties are cumulative with multiple violations. 7. Every ship that fails to maintain any of the records, certificates, or documents required under this convention or related codes shall be fined five thousand Saudi Riyals (SAR 5,000), and penalties are cumulative with multiple violations. 8. The master of an endangered ship shall be fined five thousand Saudi Riyals (SAR 5,000) in case of failure to implement stability instructions issued to them. Penalties – Implementing Regulations of the International Convention for the Safety of Life at Sea 1974 and its Amendments Approved by Resolution of His Excellency the President of the General Authority for Transport No. 07181 dated 22/01/1440H 1. The ship operating company shall be fined ten thousand Saudi Riyals (SAR 10,000) in the event of failure to notify the Maritime Authority of an incident requiring investigation or additional survey, or coordination with other states if the incident occurred outside the Kingdom. 2. Every ship that violates the exemption rules granted to it or uses them after they have expired shall be fined thirty thousand Saudi Riyals (SAR 30,000), and shall be fined fifty thousand Saudi Riyals (SAR 50,000) when the ship sails despite the Maritime Authority's rejection of the exemption. 3. Every ship that uses a substitute that does not achieve the same efficiency required for the original device shall be fined thirty thousand Saudi Riyals (SAR 30,000). 4. Every ship that transports persons in non-emergency situations shall be fined fifty thousand Saudi Riyals (SAR 50,000), and similarly in the case of failure to fulfill safety requirements for all persons in emergency situations. 5. Every ship that sails without taking the required maintenance procedures decided by the Maritime Authority or the classification society shall be fined thirty thousand Saudi Riyals (SAR 30,000), and the fine shall be fifty thousand Saudi Riyals (SAR 50,000) if there is a likelihood of danger to persons or property on board the ship. 6. Every ship that does not undergo the required surveys on time or within the permitted period shall be fined ten thousand Saudi Riyals (SAR 10,000) for each separate instance. 7. Every ship that violates any of the construction, subdivision, stability, safe access, or equipment operation requirements, or requirements for doors or equipment and systems of electrical installations, shall be fined ten thousand Saudi Riyals (SAR 10,000) for each violation, and penalties are cumulative with multiple violations. Public - ملع 8. Every ship that violates any of the fire prevention, limitation, structural resistance, or fire evacuation requirements, or lacks a trained and qualified crew for fire prevention or limitation, shall be fined fifty thousand Saudi Riyals (SAR 50,000) for violation of any requirement, and penalties are cumulative with multiple violations. 9. Every ship that does not have a reliable means of voice communication between the main engine control room or the propulsion machinery control center (as appropriate), the navigating bridge, and the living quarters of the engineering officers shall be fined ten thousand Saudi Riyals (SAR 10,000). 10. Every ship shall be fined 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 are cumulative with multiple violations. 11. Every ship that does not carry approved and accepted life-saving appliances per the Maritime Authority or classification society and the requirements of related texts shall be fined thirty thousand Saudi Riyals (SAR 30,000) if the devices are individual simple ones such as (lifejackets, lifebuoys, immersion suits, thermal protective aids, or lifebuoy rings); if they are life rafts, lifeboats, or if there is a failure of launching or embarkation equipment, the fine shall be fifty thousand Saudi Riyals (SAR 50,000) per violation, and penalties are cumulative with multiple violations. 12. Every ship whose life-saving appliances are non-functional, not ready for immediate use, or have not undergone periodic maintenance and inspection as specified in related texts, or do not fulfill requirements and standards determined by the Maritime Authority, whether before the ship leaves port or at all times during the voyage, shall be fined thirty thousand Saudi Riyals (SAR 30,000) per violation, and penalties are cumulative with multiple violations. 13. Every ship shall be fined fifty thousand Saudi Riyals (SAR 50,000) if any of its radio equipment (while navigating) is unable to transmit and receive all radio communications related to maritime safety, whether from shore stations, other ships, or rescue coordination centres, or if any radio communication equipment does not fulfill requirements and standards specified in related texts, and if the defect is not immediately repaired upon discovery; penalties are cumulative with multiple violations. 14. Every ship that does not ensure effective operation of its navigational equipment shall be fined thirty thousand Saudi Riyals (SAR 30,000). 15. Every ship that conducts radio activities that may cause interference with the control tower shall be fined fifty thousand Saudi Riyals (SAR 50,000). 16. Every ship that violates the instructions of the control tower shall be fined thirty thousand Saudi Riyals (SAR 30,000); if the violation results in a maritime incident that led to death, pollution, or serious damage to other installations, the fine shall be fifty thousand Saudi Riyals (SAR 50,000). 17. Every ship that fails to maintain any of the records, certificates, or documents required under this Convention or related codes shall be fined five thousand Saudi Riyals (SAR 5,000), and if the ship is nuclear-powered or a tanker for petroleum, chemicals, dangerous goods, or gases, the penalty shall be twenty thousand Saudi Riyals (SAR 20,000). 18. Every ship that does not carry navigational charts or other navigation safety aids, or they are not updated, and also does not fulfill the safe manning requirements or necessary equipment and arrangements for navigation safety and pilot transfer requirements shall be fined ten thousand Saudi Riyals (SAR 10,000), and penalties are cumulative with multiple violations. 19. Every ship that does not provide rescue services to a ship in distress without acceptable justification despite receiving the distress signal shall be fined fifty thousand Saudi Riyals (SAR 50,000). 20. The master of a ship in distress shall be fined thirty thousand Saudi Riyals (SAR 30,000) in the event of failure to send a distress signal and inability to respond quickly to deal with the danger. Public - ملع 21. Every master who fails to verify the operability of all navigational equipment before the voyage shall be fined five thousand Saudi Riyals (SAR 5,000). 22. Every master who uses international distress signals in a maritime emergency incorrectly shall be fined ten thousand Saudi Riyals (SAR 10,000). 23. Every ship that does not fulfill the requirements for carriage of dangerous, chemical, nuclear, or gas cargo shall be fined fifty thousand Saudi Riyals (SAR 50,000) per requirement, and penalties are cumulative with multiple violations. 24. The operating company of a nuclear ship shall be fined fifty thousand Saudi Riyals (SAR 50,000) if the reactor design and construction do not fulfill the restrictions and requirements imposed by relevant texts and accepted by the Maritime Authority. 25. A nuclear ship 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 exposure to unreasonable levels of radiation or other hazards, whether at sea or in port. 26. Every ship that does not achieve safety management requirements shall be fined twenty thousand Saudi Riyals (SAR 20,000). 27. Every ship that does not fulfill maritime security requirements or automatic identification and identification requirements shall be fined fifty thousand Saudi Riyals (SAR 50,000). 28. Every company that does not fulfill safety management requirements shall be fined fifty thousand Saudi Riyals (SAR 50,000). 29. Every company that does not achieve maritime security requirements shall be fined one hundred thousand Saudi Riyals (SAR 100,000). 30. Every ship that does not maintain a continuous synopsis record for it shall be fined twenty thousand Saudi Riyals (SAR 20,000); the same penalty applies to every ship that erases or alters the data in the record. 31. Every ship that does not clearly display its identification number in the designated locations shall be fined thirty thousand Saudi Riyals (SAR 30,000). 32. Every ship that does not maintain on board a booklet showing the ship's stability requirements, structural resistance, and other requirements that must be met for bulk carriers shall be fined twenty thousand Saudi Riyals (SAR 20,000). 33. Every bulk carrier under (150) meters in length and single-hulled not fitted in all cargo holds, or in cargo transfer ducts as appropriate, with bilge high water level warning devices, emitting an audible and visual alarm on the navigating bridge, shall be fined ten thousand Saudi Riyals (SAR 10,000). 34. The carrier shall be fined ten thousand Saudi Riyals (SAR 10,000) in the event of failure to declare the density of cargo, in addition to providing cargo information. 35. A bulk carrier measuring (150) meters or more in length shall be fined one thousand Saudi Riyals (SAR 1,000) in the event of absence of a loading instrument capable of providing information on maximum hull stress and bending capacity. 36. A bulk carrier built after 01/07/2006 and less than (150m) in length shall be fined ten thousand Saudi Riyals (SAR 10,000) in the event of absence of a loading instrument capable of providing information on the ship's stability in the intact condition or a computer program approved by the Maritime Authority for stability calculations. 37. Container cargo ships shall be fined five thousand Saudi Riyals (SAR 5,000) for violating weight rules and requirements. Penalties – Implementing Regulations of the International Convention on Tonnage Measurement of Ships 1969 Public - ملع Approved by Resolution of His Excellency the President of the General Authority for Transport No. 07176 dated 22/01/1440H 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 instance. Penalties – Implementing Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 and its Amendments Approved by Resolution of His Excellency the President of the General Authority for Transport No. 07176 dated 22/01/1440H 1. Every company whose crew members are 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 members are found not to hold an appropriate certificate, endorsement, exemption, or document proving their eligibility to serve in the position for which they are assigned, consistent with the type and tonnage of the ship, from a party recognized by the Maritime Authority, shall be fined ten thousand Saudi Riyals (SAR 10,000) per certificate. 3. Every maritime company that fails to achieve applicable safe manning requirements issued by the Maritime Authority shall be fined twenty thousand Saudi Riyals (SAR 20,000). 4. Every maritime company for non-compliance of navigational or engineering watch arrangements with requirements specified by the Maritime Authority for the ship shall be fined ten thousand Saudi Riyals (SAR 10,000). 5. Every maritime company where no qualified person is available to operate equipment necessary for safe maritime navigation, safety radio communications on board, or prevention of marine pollution during any watch shall be fined five thousand Saudi Riyals (SAR 5,000). 6. Every maritime company that fails to provide persons who have had sufficient rest and are fit for duty to take the first watch at the beginning of a voyage and subsequent watches shall be fined three thousand Saudi Riyals (SAR 3,000). 7. Every master who unintentionally conceals information or provides false information that allows a person without the appropriate certificate, valid exemption, proof, or document proving their eligibility to perform any function or service whose duties require that they hold a relevant certificate shall be fined three thousand Saudi Riyals (SAR 3,000). 8. Every master who intentionally conceals information or provides false information that allows a person without the appropriate certificate, valid exemption, proof, or document proving their eligibility to perform any function or service whose duties requires that they hold a relevant certificate shall be fined ten thousand Saudi Riyals (SAR 10,000). 9. Every person who obtains an employment contract by fraud or document forgery to perform any function or service in any capacity that these regulations require to be performed or held by a person holding a certificate or exemption shall be fined ten thousand Saudi Riyals (SAR 10,000). 10. Every master, officer, engineer, or seafarer who works on board a ship whose gross tonnage does not exceed 500 tons without holding the appropriate certificates shall be fined two thousand Saudi Riyals (SAR 2,000). 11. Every master, chief officer, chief engineer officer, and second engineer officer on a seagoing ship of 500 gross tonnage or more without holding an appropriate certificate shall be fined three thousand Saudi Riyals (SAR 3,000). 12. Every master, officer, or radio operator found to be involved in misuse of radio communications equipment shall be fined ten thousand Saudi Riyals (SAR 10,000). Public - ملع 13. Every master, officer, engineer, or seafarer who intentionally causes the ship to be involved in a collision, grounding, or stranding incident shall be fined twenty thousand Saudi Riyals (SAR 20,000). 14. Every master, officer, engineer, or seafarer who intentionally causes marine environmental pollution by harmful polluting substances at sea directly or indirectly from the ship or in contradiction of any international convention, when the ship is navigating within the State's maritime zones or anchored or berthed within any of its ports shall be fined ten thousand Saudi Riyals (SAR 10,000); additionally, the ship owner shall be liable to: (a) pay the costs of any necessary clean-up operations for pollution residues resulting from such pollution; (b) pay any cost or compensation for any losses that may result from such pollution. 15. Every master who navigates the ship carelessly or unsafely, in violation of measures taken by the Organization to regulate traffic lanes and the practices and procedures for safe navigation, shall be fined twenty thousand Saudi Riyals (SAR 20,000). 16. Every shipping company that operates the ship in a manner contrary to the license issued to it, in a way that endangers persons, property, or the environment, shall be fined thirty thousand Saudi Riyals (SAR 30,000). 17. Every crew member found to be involved in any act threate …(9,492 more chars)