Who is in charge? – ISPS code

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• ISPS code, section 4.10: “At all times the Master of a ship has
the ultimate responsibility for the safety and security of the
ship. Even at security level 3 a Master may seek clarification or
amendment of instructions issued by those responding to a
security incident, or threat thereof, if there are reasons to
believe that compliance with any instruction may imperil the
safety of the ship.”
• Capt. Phillips of MAERSK ALABAMA testified before Congress: “I
am not comfortable giving command authority to others. In
the heat of an attack, there can be only one final decision
maker.”
• P&I Club will not authorize contractual provisions that do not
comply with ISPS / SOLAS / Flag requirements

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