E

FACILITATION COMMITTEE FAL 48/17/2

48th session 5 January 2024
Agenda item 17 Original: ENGLISH
Pre-session public release: ☒

WORK PROGRAMME
Proposal of new output to revise the Revised guidelines for the prevention and
suppression of the smuggling of drugs, psychotropic substances and precursor
chemicals on ships engaged in international maritime traffic
Submitted by Dominica, BIMCO, IAPH, INTERMANAGER and INTERPORTPOLICE

SUMMARY

Executive summary: This document proposes a new output to revise the Revised
guidelines for the prevention and suppression of the smuggling of
drugs, psychotropic substances and precursor chemicals on ships
engaged in international maritime traffic.

Strategic direction, 4, 5, 6
if applicable:

Output: Not applicable

Action to be taken: Paragraph 24

Related documents: Resolutions FAL.9(34); MSC.228(82) and A.1190(33)

Background
1 In 1987 the Committee (FAL 17), conscious of the scourge of illicit drug trafficking,
approved FAL.5/Circ.1/Rev.1 entitled "Prevention of drug smuggling on ships engaged in
international traffic – Guidelines for use by shipowners, seafarers and others closely involved
with the operation of ships".

2 In November 1997, the Assembly adopted resolution A.872(20) on Guidelines for the
prevention and suppression of the smuggling of drugs, psychotropic substances and precursor
chemicals on ships engaged in international maritime traffic. Resolution A.872(20) revoked
FAL.5/Circ.1/Rev.1.

3 In December 2002, the Conference of Contracting Governments to the International

Convention for the Safety of Life at Sea, 1974, adopted, through its resolutions 1 and 2, the
special measures to enhance maritime security detailed in SOLAS chapter XI-2 and the
International Ship and Port Facility Security (ISPS) Code. Recognizing that there was further
work to be done, the 2002 Conference through its resolution 3, inter alia, invited the
Organization to review resolution A.872(20) and, if necessary, develop appropriate
amendments thereto.

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4 In response to the 2002 Conference resolution 3, and as authorized by the Assembly

through its resolution A.985(24), the Maritime Safety Committee in December 2006 and the
Facilitation Committee in March 2007 adopted with a common effective date of 1 April 2007,
resolutions MSC.228 (82) and FAL.9(34), respectively.

5 In December 2023, the Assembly adopted resolution A.1190(33) on Enhancing the

framework of the fight against organized crime in the maritime sector. This resolution, inter
alia, acknowledged the need to enhance the resilience of seafarers and port workers against
the pressure caused by organized crime, and called upon interested Member States and
governmental and non-governmental organizations to submit proposals to the Maritime Safety
Committee and the Facilitation Committee, in accordance with the applicable rules of
procedure of these Committees, with the aim of enhancing and adapting the framework for the
fight against organized crime in the maritime sector; and invited Member States to share with
the Organization the strategies that in their experience have worked to mitigate the impacts of
organized crime on international maritime traffic and port facilities.

IMO objectives

6 This proposal is consistent with the general thrust of IMO strategic direction (SD) 5
on Enhance global facilitation, supply chain resilience and security of international trade;
directly supports SD 6 on Address the human element, specifically output 6.8 on Fair treatment
of seafarers detained on suspicion of committing maritime crimes; contributes to other work
objectives OW 3 on Endorsed proposals for new outputs for the 2024-2025 biennium as
accepted by the Committees and OW 5 on Provide advice and guidance on issues brought to
the Committee in connection with implementation of IMO instruments.

7 Through its support to the implementation of Sustainable Development Goal

(SDG) 16 on Promote peaceful and inclusive societies for sustainable development, provide
access to justice for all and build effective, accountable and inclusive institutions at all levels,
this action will also support SD 4 and specifically output 4.2 on Input to the ITCP on emerging
issues relating to sustainable development and achievement of the SDGs.

Compelling need

8 This proposal addresses a compelling need to improve collaborative efforts to reduce

the amount of narcotics moved by ships; to reduce the incidence of seafarers being abused by
smugglers as mules; and to reduce the number of cases of detention of crew and ships where
the is no indication of crew involvement.

9 This output provides an opportunity to update existing guidelines and to make them
more effective. Lessons identified during this process may also be applicable to other forms of
maritime crime and are thus consistent with the broader aims of resolution A.1190(33).

Analysis of the issue

10 Drug use is increasing. The United Nations Organization on Drugs and Crime
estimates a 23% increase between 2011 and 2021, with some 296 million users worldwide
(source: https://www.unodc.org/unodc/en/data-and-analysis/world-drug-report-2023.html).

11 Drug trafficking is demand-driven, with ever more innovative methods being used by
traffickers, including the use of semi-submersible craft and hacking into customs computer
systems to preclear consignments before inspection.

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12 Use of traditional drugs such as cocaine continue to increase. In July 2023, over
8 tonnes of cocaine with an estimated street value of more than €600 million was seized in the
port of Rotterdam. In the first half of 2023, a reported total of 29,702 kilos of cocaine was seized
in the Kingdom of the Netherlands.

13 Production and trafficking of synthetic drugs is also increasing, including

amphetamines and synthetic opioids. The market for "Captagon", an illicitly manufactured
substance mostly containing various concentrations of amphetamine, continues to grow in the
Near and Middle East.

14 Drug trafficking is an organized criminal activity that impacts all levels of society.
The monetary value of the illegal drugs trade means that corruption is a factor, both actively
as an enabler for smuggling and passively by turning a blind eye and not doing enough to
combat the trade. This has also led to an increase in drug-related threats and violence levels
against ship crew, port workers and officials.

15 There has been an increase in detention cases (crew and ships) when drugs are
discovered on board despite lack of indication of crew involvement.

Analysis of implications

16 This output is focused on updating existing guidelines and harmonizing them to

complement other maritime security and facilitation-related measures already in place.
By building on existing measures and making them more effective, the administrative burden
should not be increased substantially.

17 The checklist for identifying administrative requirements and burdens is set out in
annex 1.

Benefits

18 The key to addressing drug trafficking is cooperation, coordination, and

communication at all levels, between law enforcement, border control authorities and the
private sector. Implementation of comprehensive guidelines will assist, especially when
harmonized with other initiatives such as FAL.5/Circ.47 on Guidelines for national maritime
transport facilitation committees and programmes; FAL.5/Circ.48 on Guidance to implement
and adopt procedures against maritime corruption; and FAL.5/Circ.50 on Guidelines for the
prevention and suppression of the smuggling of wildlife on ships engaged in international
maritime traffic.

19 The relationship between ports and the ships that they serve is a critical factor.
Increasing cooperation between the port operators and ship operators will improve efficiency
and facilitation. Greater transparency in the maritime sector will also drive improvement.
For example, the identification of ports that do not take positive action to protect ships and
crews from criminal activity, ports in countries that do not proactively support inter-agency
cooperation, ports in countries most susceptible to the drug trade; and ports where seafarers
are more likely to be unjustifiably criminalized will enable ship operators to make more informed
decisions on choice of destinations.

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International standards

20 Compliance with the Revised guidelines for the prevention and suppression of the
smuggling of drugs, psychotropic substances and precursor chemicals on ships engaged in
international maritime traffic will assist Member States and industry to comply with a number
of international instruments including the FAL Convention, the United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, and the United
Nations Convention against Transnational Organized Crime; as well as achieving SDG 16.

Human element

21 The target audience for the proposed guidelines includes seafarers. The checklist for
considering human element issues by IMO bodies is set out in annex 2.

Priority/urgency

22 This work should be given a high priority because the Committee's success in
producing the Revised guidelines for the prevention and suppression of the smuggling of
drugs, psychotropic substances and precursor chemicals on ships engaged in international
maritime traffic will complement the work identified as necessary in resolution A.1190(33) and
will also be a positive step in countering the criminalization of seafarers. Therefore, it is
proposed that the output should be placed on the 2024-2025 biennial agenda.

23 Two sessions are estimated to be necessary to complete the work.

Action requested of the Committee

24 The Committee is invited to:

.1 take note of the information provided in this document; and

.2 include the new output "Revision of the Revised guidelines for the prevention
and suppression of the smuggling of drugs, psychotropic substances and
precursor chemicals on ships engaged in international maritime traffic" in
the 2024-2025 biennial agenda of the FAL Committee and the provisional
agenda for FAL 49, with a target completion year of 2026.

***

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Annex 1, page 1

ANNEX 1

CHECKLIST FOR IDENTIFYING ADMINISTRATIVE REQUIREMENTS

This checklist should be used when preparing the analysis of implications required in
submissions of proposals for inclusion of outputs. For the purpose of this analysis, the term
"administrative requirement" is defined in accordance with resolution A.1043(27), as an
obligation arising from a mandatory IMO instrument to provide or retain information or data.

Instructions:

(A) If the answer to any of the questions below is YES, the Member State proposing an
output should provide supporting details on whether the requirements are likely to
involve start-up and/or ongoing costs. The Member State should also give a brief
description of the requirement and, if possible, provide recommendations for further
work, e.g. would it be possible to combine the activity with an existing requirement?
(B) If the proposal for the output does not contain such an activity, answer NR (Not required).
(C) For any administrative requirement, full consideration should be given to electronic
means of fulfilling the requirement in order to alleviate administrative burdens.

1. Notification and reporting? NR Yes

Reporting certain events before or after the event has taken place, □ Start-up
e.g. notification of voyage, statistical reporting for IMO Members □ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
2. Record-keeping? NR Yes
Keeping statutory documents up to date, e.g. records of accidents, □ Start-up
records of cargo, records of inspections, records of education □ Ongoing

Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
3. Publication and documentation? NR Yes
Producing documents for third parties, e.g. warning signs, registration □ Start-up
displays, publication of results of testing □ Ongoing

Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
4. Permits or applications? NR Yes
Applying for and maintaining permission to operate, e.g. certificates, □ Start-up
classification society costs □ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
5. Other identified requirements? NR Yes
□ Start-up
□ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)

This checklist should be used when preparing the analysis of implications required in
submissions of proposals for inclusion of outputs. For the purpose of this analysis, the term
"administrative requirement" is defined in accordance with resolution A.1043(27), as an
obligation arising from a mandatory IMO instrument to provide or retain information or data.

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Instructions:

(D) If the answer to any of the questions below is YES, the Member State proposing an
output should provide supporting details on whether the requirements are likely to
involve start-up and/or ongoing costs. The Member State should also give a brief
description of the requirement and, if possible, provide recommendations for further
work, e.g. would it be possible to combine the activity with an existing requirement?
(E) If the proposal for the output does not contain such an activity, answer NR (Not
required).
(F) For any administrative requirement, full consideration should be given to electronic
means of fulfilling the requirement in order to alleviate administrative burdens.

6. Notification and reporting? NR Yes

Reporting certain events before or after the event has taken place, □ Start-up
e.g. notification of voyage, statistical reporting for IMO Members □ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
7. Record-keeping? NR Yes
Keeping statutory documents up to date, e.g. records of accidents, □ Start-up
records of cargo, records of inspections, records of education □ Ongoing

Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
8. Publication and documentation? NR Yes
Producing documents for third parties, e.g. warning signs, □ Start-up
registration displays, publication of results of testing □ Ongoing

Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
9. Permits or applications? NR Yes
Applying for and maintaining permission to operate, e.g. certificates, □ Start-up
classification society costs □ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)
10. Other identified requirements? NR Yes
□ Start-up
□ Ongoing
Description of administrative requirement(s) and method of fulfilling it: (if the answer is yes)

***

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CHECKLIST CONSIDERATION OF HUMAN ELEMENT ISSUES BY IMO BODIES
1 2
Question
Workload
1 Does the "output" affect
workload?
1.1 On board, especially in the
already intensive phases of
the voyage and port
operations to:
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ANNEX 2
3 4 5
Yes/ IMO references Considerations Instructions
No
Other relevant references may If answer to question is "yes" Identify how human element
be added identify considerations. If answer considerations should be
is "no" make proper justification addressed in the output
Strike out references that are
not relevant
NO
Revised guidelines for the
operational implementation of
the International Safety
Management (ISM) Code by
Companies
(MSC-MEPC.7/Circ.8)
Guidelines on fatigue
(MSC.1/Circ.1598)
Principles of minimum safe
manning
(resolution A.1047(27))
Guidelines for the investigation
of accidents where fatigue may
have been an issue
(MSC/Circ.621)
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1 2 3 4 5
Question Yes/ IMO references Considerations Instructions
No
1.1.1 Operations including navigation,
cargo and engineering
1.1.2 Maintenance of the ships
structure and its equipment
1.1.3 Onboard administration in
support of the ships'
management systems
1.1.4 Onboard administration related
to regulation involving flag
States, classification societies,
port State and other bodies such
as charterers and port
authorities
1.1.5 Increased workload or time
pressure on personnel if
involved in implementation of
changes prior to the
implementation date
1.2 Ashore, in a manner that
would affect the ships
operation to:
1.2.1 Companies' administration
1.2.2 Flag State, port State and
classification societies
administration such that
certification and other processes
are compromised or delayed

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1 2 3 4 5
Question Yes/ IMO references Considerations Instructions
No
Other relevant references may If answer to question is "yes" Identify how human element
be added identify considerations. If answer considerations should be
Decision-making is "no" make proper justification addressed in the output
Strike out references that are
not relevant
2 Does the "output" impact NO
decision-making on board
the ship?

2.1 By confusion with existing

requirements and regulations
2.2 By changing responsibilities as
laid out in the ISM Code
2.3 By creating complexity in its
implementation and/or in the
safety management systems
2.4 By requiring increased mental
effort, such as the need to find,
transform and analyse data or
result in the need to make
judgements based on
incomplete information
2.5 By limiting the time available to
establish situational
awareness, decide,
communicate (possibly across
time zones) or check
2.6 By increasing reliance on
judgement and administrative
controls to manage major risks
such as oil spills and collisions

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1 2 3 4 5
Question Yes/ IMO references Considerations Instructions
No
Other relevant references may If answer to question is "yes" Identify how human element
be added identify considerations. If answer considerations should be
Living and Working Environment is "no" make proper justification addressed in the output
Strike out references that are
not relevant
3 Does the "output" affect the NO Guidelines on the basic
living and working elements of a shipboard
environment? occupational health and safety
programme
(MSC-MEPC.2/Circ.3)

Guidelines on fatigue
(MSC.1/Circ.1598)
3.1 By interfering with existing
arrangements for abandonment,
fire-fighting and other
emergency plans or procedures
3.2 By introducing new materials
that could create an explosion,
fire, environmental or
occupational health risk
3.3 By introducing new high energy
sources such as high-voltage,
high-pressure fluids
3.4 By affecting access or egress
and causing lack of ventilation
in working spaces
3.5 By affecting the habitability of
accommodation spaces owing
to noise, vibration,
temperatures, dust and other
contaminants

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1 2
Question
Operation and Maintenance
4 Does the "output" affect the
operation and maintenance
of the ship, its structure or
systems and equipment?
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3 4 5
Yes/ IMO references Considerations Instructions
No
Other relevant references may If answer to question is "yes" Identify how human element
be added identify considerations. If answer considerations should be
is "no" make proper justification addressed in the output
Strike out references that are
not relevant
NO Revised guidelines for the
operational implementation of the
International Safety Management
(ISM) Code by Companies
(MSC-MEPC.7/Circ.8)
Guidelines for bridge equipment
and systems, their arrangement
and integration (BES)
(SN.1/Circ.288)
Principles of minimum safe
manning (resolution A.1047(27))
Issues to be considered when
introducing new technology on
board ships (MSC/Circ.1091)
Guideline on software quality
assurance and human-centred
design for e-navigation
(MSC.1/Circ.1512)
Guidelines for the
standardization of user interface
design for navigation equipment
(MSC.1/Circ.1609)
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1 2 3 4 5
Question Yes/ IMO references Considerations Instructions
No
4.1 By introducing equipment that
the user may find difficult to
operate or maintain or may be
unreliable
4.2 By introducing new and/or
novel technology, or
technology that changes the
role of the person
4.3 By introducing requirements
for new competencies and
roles
4.4 By overloading existing
infrastructure such as power
generation and ventilation
systems
4.5 By poor integration with
existing systems and controls
4.6 By introducing new and
unfamiliar
operations/procedures
4.7 By introducing new and
unfamiliar operating
interfaces?
4.8 By introducing risks to the ship
during any modifications
required prior to the
implementation date of the
output

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1 2 3 4 5
Question Yes/ IMO references Considerations Instructions
No
Other relevant references may If answer to question is "yes" Identify how human element
be added identify considerations. If answer considerations should be
Measures to address the human element is "no" make proper justification addressed in the output
Strike out references that are
not relevant
5 Does the "output" require NO Shipboard technical operating
changes to: and maintenance manuals
(MSC.1/Circ.1253)

Revised guidelines for the

operational implementation of
the International Safety
Management (ISM) Code by
Companies
(MSC-MEPC.7/Circ.8)
5.1 Training
5.2 Practical skill development and
competences
5.3 Operating, management and/or
maintenance procedures
5.4 Information/manuals for
operation and maintenance
5.5 Spares outfit
5.6 Occupational safety
requirements including
guarding and PPE
5.7 Shore support

___________

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