IMSML Website Article 35/2023: MSN06/2023 - Delegation of Responsibilities to Recognised Organisations for Verifying Compliance with the ISM Code and Issuing Documents of Compliance

This is the 35th article of the year for the IMSML Website Article Series. It is on Malaysian Shipping Notice, MSN06/2023 which provides for the verification of the various documents of compliance for the International Safety Management (ISM) Code. MSN06/2023 applies to Ship Management Companies (SMCs) which have its principle place of business outside Malaysia. From 12 May 2023, SMCs may engage with any ‘Recognised Organisation (RO)’ authorised by the Marine Department of Malaysia (MARDEP) for the review of the ‘Safety Management System (SMS)’ manual, as well as issuance of the ‘Documents of Compliance (DOC)’.

Company Operating Multi-Classifications Fleet

There is now the possibility for a RO to act as a sole assessor in performing the verification of the SMS Manual and issuance of DOC. This is permitted where the RO is requested to do so by a company operating more than one vessel, with different ROs, see Paragraph 2.

Companies Operating Multi-Flagged Fleets

If the shipping company follows guidelines as specified in IMO Circulars MSC/Circ.762, (Guidance to Companies Operating Multi- Flagged Fleets), MARDEP has no objection to the company operating such multi-Flagged condition that the company shall follow the guidance in the circular, see Paragraph 4.

Periodical Verification

[a] Interim DOC

An ‘Interim Certificate’ (IC) issued by MARDEP will remain valid until to the expiry date. RO may issue an extension of the Interim DOC for a total period which should not exceed than 12 months subject to approval by MMD, see Paragraph 5.

[b] Full-Term DOC

Certificates issued by MARDEP will remain valid but not later than next annual or renewal verification, whichever comes first. For an annual verification, the RO will re-issue DOC for a period which should not exceed than the previous DOC certificate and subject to annual verification by the RO within three months before or after the anniversary date, see Paragraph 5.

Withdrawn DOC Certificate

Pursuant to Paragraph 6, the DOC may be withdrawn by MARDEP or RO which issued the document if satisfied that:

[a] there has been a breach of any conditions of the DOC certificate, see Paragraph 6(i), or

[b] there has been an evidence of major non-conformities has been issued, see Paragraph 6(ii).

Issuance or Reinstatement

Issuance or reinstatement of the DOC and/or SMCs, which have been withheld or withdrawn as the result of major non-conformities shall only occur after the RO verify by additional audit and confirms to the MMD that there has been closure to the satisfaction of the RO on all outstanding non- conformities, see Paragraph 7.

Verification of Compliance

MARDEP may carry out at least one (1) verification of Compliance within the period of validity Full-Term DOC certificate to assure that the safety management system of a company responsible for the operation of ships, the safety management system for the ship and ships controlled by the company, complies with the ISM Code, see Paragraph 9. Verification may carry out independently or in conjunction with the RO during annual or renewal verification, see Paragraph 9. Notwithstanding, if ships operated by company has been detained during Port State Control (PSC) Inspection, MARDEP will carry out Additional Company Audit and Flag State Control (FSC) Inspection onboard to verify the effectiveness of the safety management system, see Paragraph 9.

Extension Application

Any requests for an extension, the DPA must submit the Form (MSN 09/2019) including supporting document(s) to MMD by email to ism@marine.gov.my, see Paragraph 10.

Thank you for reading IMSML Website Article 35/2023

Stay tuned for the next IMSML Website Article 36/2023: MSN07/2023 - Equivalent Limitation of Certificate of Competency Endorsement

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Monday, 23 October 2023

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my