IMO Ramps Up Campaign to Close Flag State "Enforcement Gap"
The IMO is doubling down on a campaign to get more member states up to speed with enforcement of international shipping regulations, using a supportive approach to encourage better adherence amongst flag state and port state authorities.
The gap between policy and practice found at the bottom end of the global fleet - notably the "shadow fleet" of sanctions-busting tankers - makes regular headlines, and IMO is aware that the legitimacy of its international rules rests in large part upon enforcement. The agency has no statutory authority to enforce regulations directly, nor the resources to do so, and it has to rely upon flag state and port state authorities to fulfill its one-of-a-kind global mandate: to set minimum bounds for safety and environmental performance for an entire industry.
At present, the real-world minimum bounds vary by nationality, as seen on the annual Paris MOU and Tokyo MOU flag rankings. IMO can't penalize its member states for poor adherence to the rules, but it can advise member states' agencies on how to do the job, and it evaluates their performance with an audit system.
"Audits conducted under the IMO Member State Audit Scheme (IMSAS) have found gaps in national laws and enforcement in some countries," IMO acknowledged in a statement Wednesday. "Those gaps weaken regulations and increase the risk of noncompliance and unsafe shipping."
For the next two years, IMO plans to put a focus on member state adherence to the rules. This starts with capacity building and technical cooperation, using the IMO's existing offices to work with countries that need help implementing the conventions. Small island developing states and least developed countries - the jurisdictions where the least-compliant open shipping registries may be found - will get an early focus. (It is not just about the downsides: IMO plans to highlight achievements, too.) The IMSAS audits will be used to evaluate states and drive improvements.
IMO plans to take measures to combat fraudulent ship registration, the practice of a vessel claiming the use of a flag without authorization - often the flag of a nation without a shipping registry.
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"To make the maritime industry truly sustainable, we must ensure these high standards are felt in every port and on every deck - not selectively, not unevenly, but globally. IMO is committed to powering this transition through technical cooperation and direct support," IMO Secretary-General Arsenio Dominguez said in a statement.
IMO has dedicated the next two World Maritime Days to the campaign, and will be highlighting efforts to close the enforcement gap with events, social media and outreach throughout the period.
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