REPORT OF THE STANDING COMMITTEE FOR MARINE SECURITY 1. INTRODUCTION, OPENING REMARKS AND APPROVAL OF AGENDA
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1 REPORT OF THE STANDING COMMITTEE FOR MARINE SECURITY The meeting of the Standing Committee for Marine Security was held on Thursday, April 21, 2016, in Ottawa, Ontario. It was chaired by Marie-Christine Haubert, Transport Canada. Transport Canada Presenters: Marie-Christine Haubert, Chair; Lucie Bergeron, Cochair, Sylvain Robidoux; Scott Naugler, Daniel Michaud and Ken Elliott 1. INTRODUCTION, OPENING REMARKS AND APPROVAL OF AGENDA Marie-Christine Haubert, Executive Director, Legislative, Policy, Regulatory and International Affairs, welcomed everyone to the Standing Committee on Marine Security. She then provided a brief introduction of the presenters and their topics. Adoptions of the 2016 Agenda and approval of the minutes for the 2015 Standing Committee on Marine Security were accepted. 2. THREAT ENVIRONMENT - UPDATE Sylvain Robidoux, Chief, Security Intelligence and Assessment, provided an update on the current threat of the environment in the maritime sector. INTEL makes assessments related the transportation system and works closely with marine operations centers regarding marine domain Information comes in from ITAC and then provided ITAC-Terrorism levels ITAC-Terrorism threat level for Canada set from ITAC as Medium Terrorism threat to Canadian interest Uniformed Personnel as Medium Canada and its interests could be a target for extremists supported by ISIL and al Qaida Possible targets in Canada include public events, etc where large crowds of people can be found Specific threats would mean stakeholders being advised by investigating agencies Operational environment in Europe versus North America was explained. More potential for attacks in Europe as closer to Middle East with easier access to Europe Illegal immigration appears to be on the decline Canada s maritime transportation network continues to be exploited regarding
2 smuggle narcotics and counterfeit goods and needs to remain vigilant Indications of suspicious interactions between SOLAS vessels and small craft are of interest to Canadian authorities and can be reported to Transport Canada or local law enforcement Foreign governments conducting espionage in Canada Discussed various computer network cyber attacks, i.e. website defacement, hackers, bomb threats and increase of ransom wares. Comments and questions Mr. Batten, ILA, Montreal, mentioned a point about the seals found on containers, noting that when we ship something from Canada it has to be inspected going to the Port, as containers must be intact. However, he also mentioned that containers coming into Canada from other countries, like Syria do not have to be inspected when coming into this country according to our regulations. He felt it was something to think about it, and wanted to point out that fact. Ms. Lucie Bergeron, Director, Marine Security Operations, responded that this responsibility falls under CBSA s mandate. Mr. Batten mentioned that something seems to have been missed. 3. MARITIME CYBER RISK & BEYOND THE BORDER - UPDATE Scott Naugler, Chief, Marine Safety and Security Strategic Policy and International Affairs, provided a presentation on the Canada / United States Maritime Commerce Resilience initiative under the Beyond the Border Action Plan and ongoing work by the Department regarding Maritime Cyber risk. With the completion of a validation exercise in Portland Maine in late 2015, milestones for the Maritime Commerce Resilience initiative under the Beyond the Border Action Plan have been achieved. TC and the US Coast Guard continue to encourage public and private sector stakeholder engagement on supply chain resilience planning. Mr. Naugler outlined an upcoming Maritime Cyber Risk Management Awareness Guide which will highlight TC requirements, common vulnerabilities and potential mitigations based on best practices. Cyber risks continue to increase and are a priority for Transport Canada. This guide is anticipated to be made available shortly. Presented information on ongoing maritime cyber risk collaboration being undertaken by Canada and partners at IMO. This work seeks to develop cyber risk management guidance at the Facilitation and Maritime Safety Committees.
3 Comments and questions Frank Reynolds, WIL14, asked if existing regulatory requirements require stakeholders to physically secure cyber systems, or whether the requirement to protect critical assets extended to protecting these assets from a cyber perspective as well. Scott Naugler answered that MTSR and DFSR require regulated stakeholders to consider and address physical, as well as cyber-related vulnerabilities associated with any of the cyber systems identified during the security assessment process. Mr. Reynolds expressed his concern that it could be used to deny work, and asked how labour could get involved to discuss this topic. Mr. Naugler encouraged all maritime stakeholders to consider cyber risk management issues and suggested that the forthcoming cyber guidance document would be a good first step for collaboration. Tom Anderson, Algoma Central wanted to know if this publication would be available to stakeholders. Mr. Naugler replied that the document will be available to everyone. 4. SECURITY OPERATIONS UPDATE Lucie Bergeron, Co-chair and Director, Marine Security Operations, provided the update: Mandate and scope of Marine Security Operations were presented Inspections results and achievements from the past year were highlighted Status of the action items from last CMAC which, included domestic voyages requirements, and the Marine Transportation Security Clearance Program were presented and considered completed TC Marine Security s Crisis and Emergency Management (CEM) group has continued to develop and improve industry outreach and results have been positive as reporting of security breaches, threats and incidents have increased over the past year. Comments and questions Daniel Michaud spoke about updating the Marine Security Operation Bulletin in regards to shore leave and access to vessels and related guidance to inspectors when reviewing security plans. This should be ready in the coming months. A comment was voiced by a colleague on behalf of Pete Lahay and expressed a thank you for involving the ITF inspectors and giving them access to vessels with hopes that
4 their access will go even further in the future. Concerning MTSR Interpretations in regards to Domestic Voyages, we received advice from the Legal office and are currently drafting interpretations into guidance documents for stakeholders. They will be posted on MSOB bulletins in the coming months. Two questions were asked one, if TC, Marine Safety and Security were considering moving toward temporary security clearances and two, when can a current TSC holder apply for renewal? Luc Belair, Security Screening Programs, stated that regarding the renewal process if anyone applies within one year of expiry date, they will accept it, but if the renewal is too soon, it will not be processed. In aviation there are rules that allow temporary access passes. There is no such thing as a temporary transportation security clearance, so they must be escorted in an R2 area from a marine mode perspective. It was asked how recommendations in regards to regulation amendments are approved and Ms. Bergeron replied that there is a process in place. For example, MTSR amendments in 2014 provided significant amendments to the regulations and were based on extensive consultations with industry. No other round of consultations for future amendments are planned at the moment as TC is still implementing the latest amendments. Frank Reynolds mentioned that the US and Canada just signed a treaty on Preclearance, looking at cruise ship terminals. This means that the US program is seamless for travelers but asked if that would be the same situation for workers or would they be subject to clearance. Mr. Michaud responded that there are discussions currently underway and when more information is available, it will be given out. There are still details to finalize between the two administrations before moving forward. 5. UPCOMING CHANGES TO PRE ARRIVAL INFORMATION REPORT SUBMISSION PROCESS A presentation was given by Ken Elliott, Senior Program Officer, Marine Security Operations, on the upcoming changes to the Pre-Arrival Information Report (PAIR) and its submission process. Mr. Elliott explained the new process for PAIR submission Following 2014 MTSR amendments, additional PAIR information must be reported by vessel operators Adobe forms have been developed to minimize reporting burden and meet accessibility guidelines Official release and new procedures will be found in MSOB and CCG RAMN Communications will go out to vessel agents one month prior to publication in the
5 RAMN Implementation is anticipated for late spring/early summer Marie-Christine Haubert invited agenda items to be submitted for the next national CMAC meeting. Additional time was given after presentations to continue with questions and answers as requested by stakeholders in the meeting room. Stakeholders were encouraged to contact TC officials to communicate their concerns or comments. Marie-Christine Haubert asked for recommendations/suggestions from stakeholders that included a review of the MTSR, in particular the MTSR Clearance Program and consideration of the fixed list to something more flexible regarding R2 facilities.
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