Ulgener

- Arzu Ceren Doğdu

According to the International Maritime Organization (“IMO”), the International Ship and Port Facility Security Code (“ISPS Code”) emerged as a comprehensive set of international measures designed to enhance the security of ships and port facilities. The Code was developed in the aftermath of the September 11 attacks, upon the realization that similar threats could occur at sea, not only in the air. The ISPS Code is therefore regarded as one of the most significant international instruments in the field of maritime security.

Implemented by the IMO under Chapter XI-2 of the International Convention for the Safety of Life at Sea (SOLAS), the Code establishes a framework aimed at ensuring security between vessels and port facilities. Its foundation rests on the principle that each port facility and vessel must assess potential security risks and determine appropriate measures to mitigate them.

In Turkey, the ISPS Code entered into force on 1 July 2004 and has since been implemented under the Regulation on the Implementation of the International Ship and Port Facility Security Code, published in the Official Gazette No. 26468 dated 20 March 2007. Since its introduction, international security standards have been integrated into Turkish port facilities, and the preparation and execution of port facility security plans have been carried out under the coordination of the Ministry of Transport and Infrastructure. However, during the implementation process, certain port facilities developed different approaches to financing ISPS related requirements. In some instances, additional fees were demanded from vessels under the names of “ISPS Security Charge” or “ISPS Fee.” Such practices sparked considerable debate, particularly among vessels engaged in international navigation, since the security measures required by the ISPS Code are not considered a commercial port service but rather a public security obligation. Similar debates have also arisen in other jurisdictions, where the question of whether ISPS compliance costs should be borne by port operators or passed on to shipowners has been a recurring issue in port tariff policies.

This controversy was conclusively resolved by the official letter of the Directorate General of Maritime Affairs  of the Ministry of Transport and Infrastructure, dated 30 June 2020 and numbered 38591462 - 455.01.01 - 2020 - 1802, which explicitly stated:

“No tariff shall be established within the list of services offered at port facilities for the collection of any fee under the name of ‘ISPS Security Charge/Fee.’”

This provision constitutes an administrative prohibition. Accordingly, no port facility or terminal operator in Turkey may demand a separate fee from vessels or agents for security services rendered under the ISPS Code. Moreover, this prohibition reaffirms the earlier approval of the now abolished Undersecretariat for Maritime Affairs, dated 25 November 2008 and numbered 39108. Therefore, the imposition of ISPS related charges is contrary both to the 2020 Communiqué and to the repealed administrative approval.

This regulation represents a significant step towards ensuring uniformity of application across Turkish ports. ISPS-related security services are no longer considered part of commercial services provided to ships but rather a mandatory responsibility of port facilities themselves. This approach ensures compliance by port operators with their international obligations while preventing unnecessary financial burdens on shipowners and operators. From the perspective of maritime law, this change aligns with the principles of public interest and the balance of international obligations. The ISPS Code is not designed to generate commercial profit but to safeguard security. Consequently, treating security obligations as a source of revenue contradicts both the spirit of the Code and international maritime practice. Moreover, the prohibition aligns with the IMO Member State Audit Scheme, which encourages consistent national implementation of international maritime security measures without imposing undue commercial burdens. The Ministry’s directive strengthens Turkey’s compliance with the global maritime security regime and contributes to a more transparent and equitable port tariff structure.

In this context, under Turkish legislation, it is not permissible to demand any payment from vessels or agents under the name of an ISPS fee. Should such a demand occur, shipowners or agents are advised to report the matter, supported by relevant documentation, to the Ministry of Transport and Infrastructure and the respective Chamber of Shipping, while reserving their legal rights through payment under protest where necessary. This practice preserves adherence to international maritime security standards and ensures the sustainability of legal and procedural uniformity across Turkish ports.

With the abolition of the ISPS fee, a new era has begun for Turkish ports. Port security is no longer regarded as a commercial service but as a requirement of national and international security standards. This approach enhances the international competitiveness of the Turkish maritime sector, promotes cost predictability for ship operators, and reinforces Turkey’s position as a fully compliant member of the international maritime security framework.