LETTER OF COMMITMENT WITH CITIZENS. Fifth Edition

Transcription

1 LETTER OF COMMITMENT WITH CITIZENS Fifth Edition

2 PREFECTURA NAVAL ARGENTINA (PNA - ARGENTINE COAST GUARD) Dear citizens, With this new edition of the Letter of Commitment with Citizens, Prefectura complies with its priority goal of ensuring the continuous update of commitments and improvements assumed with the community, initiating, in this way, a new cycle in the endless improvement process. Within this framework, the special concern of appropriately responding to the needs of citizens regarding police and security strategies, which are in line with the democratic model of social inclusion, is highlighted in the context of which our Organization s commitment and participation is particularly relevant. Prefectura has initiated an important modernization process of resources, giving rise to a significant synergy generated by the acquisition of new units and technology and the necessary improvements in the training of human resources. Furthermore, we confirm the commitments which define our organization and respond to its main functions, many of which are considerably heterogeneous and addressed strategic objectives with high-professional and technical specialization, such as safety of navigation, port and maritime security, preservation of natural resources and public security, among others. Finally, we ratify our continuous commitment with public values, directing all our institutional efforts to the proper satisfaction of citizens needs and the continuous improvement in the quality of the services provided. LUIS ALBERTO HEILER ADMIRAL PREFECTURA NAVAL ARGENTINA COMMANDANT

3 CONTENTS ORGANIC CHART RELATED TO THE LETTER OF COMMITMENT INTRODUCTION SERVICES RENDERED BY PREFECTURA RECIPIENTS OF PNA s SERVICES RULES REGULATING PNA S MISSIONS AND TASKS RIGHTS AND OBLIGATIONS OF RECIPIENTS OF PNA S SERVICES CITIZENS INFORMATION SYSTEM CITIZENS INVOLVEMENT SYSTEM PNA QUALITY COMMITMENTS PNA QUALITY STANDARDS PNA IMPROVEMENT COMMITMENT FOR 2014/2015 ANNEXES: TABLES OF QUALITY STANDARDS AND INDICATORS QUALITY STANDARDS OF SERVICES ELECTRONIC LETTER SUPPLEMENTARY DATA (PREFECTURA S POINTS OF CONTACT THROUGHOUT THE COUNTRY)

4 MINISTRY OF SECURITY LEGAL COUNSELING OFFICE NAVAL TECHNICAL COUNSELING OFFICE PREFECTURA NAVAL ARGENTINA COMMANDANT VICE- COMMANDANT ADVISORS BOARD SENIOR OFFICERS COUNCIL SAFETY AND SECURITY GENERAL DIRECTORATE LOGISTICS GENERAL DIRECTORATE PLANNING AND DEVELOPMENT GENERAL DIRECTORATE QUALITY MANAGEMENT DEPARTMENT INTERNAL MONITORING DIVISION ON-GOING ANALYSIS AND IMPROVEMENT DIVISION CITIZENS SERVICE CENTER ORGANIC CHART RELATED TO THE LETTER OF COMMITMENT WITH CITIZENS

5 INTRODUCTION PREFECTURA NAVAL ARGENTINA (PNA ARGENTINE COAST GUARD) IS A BICENTENARY NON- MILITARY LAW ENFORCEMENT AGENCY WHICH IS PART OF THE HOMELAND SECURITY SYSTEM, ACCORDING TO THE LEGISLATION IN FORCE. MISSIONS ENTRUSTED TO PNA ARE ESTABLISHED IN THE PNA CHARTER, THE PRINCIPLES OF WHICH ARE BASED ON PROTECTING FREEDOM, LIFE, CITIZENS PROPERTY, THEIR RIGHTS AND CONSTITUTIONAL GUARANTEES WITHIN THE FRAMEWORK OF THE REPUBLICAN AND FEDERAL REPRESENTATIVE SYSTEM AS STATED IN THE ARGENTINE CONSTITUTION. PNA IS THE ARGENTINE MARITIME AUTHORITY PAR EXCELLENCE, ACCORDING TO THE PROVISIONS OF THE GENERAL ACT, LAW No , AND THE NAVIGATION ACT, LAW No , THROUGH WHICH THE ARGENTINE STATE EXERCISES LAW ENFORCEMENT FUNCTIONS IN CONNECTION WITH SHIPPING AND NAVIGATION SAFETY AND SECURITY AND PUBLIC ORDER IN NATIONAL JURISDICTIONAL WATERS AND AT PORTS. PNA IS ENTRUSTED WITH IMPLEMENTING INTERNATIONAL CONVENTIONS ON SAFETY OF HUMAN LIFE AT SEA, PREVENTION OF AND FIGHT AGAINST POLLUTION FROM SHIPS, AND RELATED TECHNICAL AND LEGAL MATTERS ACCORDING TO THE PROVISIONS OF THE LEGISLATION IN FORCE IN OUR COUNTRY. PNA HAS BEEN ENTRUSTED WITH FULFILLING COMMITMENTS THAT ARGENTINA HAS UNDERTAKEN AS FLAG, PORT AND COASTAL STATE FOR VESSEL REGISTRATION AND SAFETY INSPECTION PURPOSES AS ESTABLISHED BY RELEVANT LAWS, REGULATIONS AND INTERNATIONAL AGREEMENTS. IN ORDER TO ATTAIN THE ABOVE GOALS, PNA HAS SET THE FOLLOWING STRATEGIC PURPOSES: SAFETY OF NAVIGATION, MARITIME SECURITY, ENVIRONMENTAL PROTECTION AND PUBLIC SECURITY. WITHIN THE WIDE SCOPE OF MISSIONS AND TASKS ENTRUSTED TO THIS AGENCY AND ACCORDING TO THE ABOVE STRATEGIC PURPOSES, THE FOLLOWING SPECIFIC MISSIONS REGARDING CITIZENS AND THE COMMUNITY ARE ESTABLISHED: SAFETY OF NAVIGATION This is a core mission of PNA including a wide array of tasks focused on vessels, seafarers and navigation itself as a technical event. Authorize ships project, building, equipment and management. As part of its Flag State functions, conduct inspections and issue certificates for vessels to ensure compliance with the provisions of international instruments of which Argentina is a Contracting Government. Check compliance with principles and rules regarding established limits to load vessels. Establish minimum safe manning of ships and crew training requirements.

6 Ensure maintenance of the communication system, thus contributing to collision prevention and water pollution. Be involved in and collaborate with being aware on the beaconing system and obstacles to navigation, which can be detected in waterways. Make regulations to exercise proper monitoring of technical and administrative issues relating to vessels, especially regarding ship inspection and certification, safety and pollution prevention standards applied to ships, and the drafting of related regulations. Ensure compliance with national laws and regulations, including pertinent investigation and legal punishment procedures. Implement proper measures to vessels in case of non compliance with rules, standards and legislation in force. Be involved in case of accidents and incidents according to the provisions of legal instruments and conduct investigations into the detention of Argentine-flagged vessels. Foster recreational boating and actively participate in events, meetings and projects to keep pace with this sector development. Cooperate with private, provincial and municipal agencies to implement rules regulating these activities in bodies of water not subject to national jurisdiction. Maintain an efficient system of ship control by the Port State Control in order to ensure compliance with international treaties ratified by Argentina in connection with safety of navigation, maritime security and prevention of pollution from ships flying the flag of a foreign State and navigating in waters and calling at ports within national jurisdiction. MARITIME SECURITY As the State s response to the increasing magnitude of these crimes at the international level, this strategic goal is set to ensure safety and security of maritime transportation, port facilities and their adjacent areas against terrorism, unlawful drug-trafficking, smuggling, unlawful trafficking of sensitive materials, money laundering, trafficking of illegal migrants by sea and trafficking in persons. Be involved in the planning of security measures process and incorporate elements able to face new threats and problems in the fields of maritime security: maritime terrorism, smuggling of narcotics and radioactive or strategic materials, container movements, trafficking of illegal migrants by sea, acts of piracy and armed robbery committed against ships and other conventional crimes. Monitor security activities in the ship-port interface: pilotage; towing; docking and berthing; fire-fighting; repairs; ballast water management; oily waste reception; garbage disposal and treatment; fuel, lubricant, drinking water and food supply; passenger embarking and landing operations and contingency planning for pollution prevention purposes. Maintain an efficient system of ship control by the Port State Control in order to ensure compliance with provisions of Chapter XI-2 of the SOLAS 74 Convention as well as of the International Ship and Port Facility Security Code (ISPS Code) by foreign-flagged ships navigating in Argentine jurisdictional waters and calling at national ports. Deter unlawful acts in the exclusive economic area and prevent infringement of legal rules at ports and national jurisdictional waters. In compliance with the provisions of Chapter XI-2 of the SOLAS 74 Convention as well as of the International Ship and Port Facility Security Code (ISPS Code), approve security schemes and issue

7 certificates for Argentine-flagged ships navigating at international waters, monitoring them through audit processes. ENVIRONMENTAL PROTECTION This objective deals with the prevention and combating of water pollution caused by oil and other noxious and/or dangerous substances from ships. PNA is the Enforcement Authority of several specific international conventions in this field. Its missions are the following: Be involved in the prevention and containment of marine environment pollution and minimize the impact of pollutant accidental discharges. Be involved in the drafting of legal rules to prevent maritime, river and lake pollution caused by oil or other noxious and/or dangerous substances from ships. Ensure compliance with these rules. PNA, acting as Enforcement Authority of International Conventions ratified by Argentina, is involved in the prevention and combating of water pollution caused by oil and other noxious and/or dangerous substances from ships. Start summary legal proceedings and impose penalties to those not complying with the legislation in force. Analyze and approve emergency plans for ships and shipping companies. Approve packaging manufactured domestically for exporting and/or carrying dangerous goods in packaged form. Issue fitness certificates and transportation authorizations for Argentine-flagged ships carrying dangerous goods in bulk. Monitor compliance with legislation in force concerning response capacity for oil spill emergencies caused by shipping companies and services. Issue national and international certificates for pollution prevention according to regulations in force. Conduct technical inspections and surveys to ships and naval crafts so as to ensure compliance with and renewal of pertinent certificates. PUBLIC SECURITY A wide array of missions is included in this objective to maintain public order and ensure homeland security. For such ends, maritime, river and lake borders are protected and crimes, such as illegal drug trafficking, illicit traffic of cultural property, illegal transit of people and smuggling, are avoided or stopped. Coincidentally, closed areas and the Exclusive Economic Zone are protected from ships entering illegally so as to prevent non compliance with legislation at ports and in national jurisdictional waters so as to safeguard freedom, human life and property. PNA is an agency, part of the Homeland Security System, according to the provisions of the Homeland Security Act (Section 7, Title II, and Sections 2 and 3, Title I of Law ). Safety surveillance services are also rendered in certain neighbourhoods and districts in the Buenos Aires province and vehicle and people documentation checking tasks are conducted in streets and bridges, mobile units, etc. outside the PNA typical jurisdiction to assist provincial law enforcement and police forces and/or federal forces. Maintain public order and ensure homeland security.

8 Prevent the commission of crimes and misdemeanours. Identify persons coming in or out of the country through rivers, lakes or by sea. Render assistance as required by competent authorities in matters within the PNA specific scope and missions. Provide assistance in case of flooding and similar incidents. Conduct damage containment and fire-fighting operations at ports. Ensure homeland security at ports and navigable waters in times of peace and provide assistance in case of internal disturbances or international conflicts. Prevent the commission of crimes regarding imports and exports, drug trafficking, clandestine migrations, illicit traffic of cultural assets, illegal laundering of assets and traffic in people. Monitor ships engaged in fishing activities so as to avoid fisheries depletion to deter illegal exploration and exploitation of natural living and non living resources, as well as other unlawful activities affecting Argentine economic interests. Conduct surface and air surveillance missions to prevent and deter non compliance with legislation in force. Conduct visits on board ships to verify their safety conditions and compliance with authorized fishing catch limit for each fish species.

9 SERVICES RENDERED BY PNA WITHIN THE FRAMEWORK OF THE OBJECTIVES STATED, SERVICES IN THE FOLLOWING FIELDS ARE RENDERED BY PNA: SAFETY OF HUMAN LIFE AT SEA; SAFETY OF NAVIGATION; MARITIME SECURITY; WATER ENVIRONMENTAL PROTECTION; SURVEILLANCE OF SEA, RIVER, LAKE AND PORT SPACES; MONITORING COMPLIANCE WITH PERTINENT LEGISLATION AND PUBLIC ORDER MAINTENANCE IN THESE SCENARIOS, AND OUTSIDE ITS AREA OF AUTHORITY WHENEVER THE NATIONAL EXECUTIVE BRANCH SO MANDATES IT. SAFETY OF LIFE AT SEA Safety of life at sea is a phrase embodying the concern of the international maritime community regarding specific risks posed by maritime navigation and shipping. For this reason, all legal instruments subsequently adopted fell under this category when uniform principles and rules for the promotion of safety of life at sea were established. The International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention) is a milestone in international maritime regulations and together with other Conventions concerning collision prevention, load lines, tonnage measurement, seafarers training and certification and prevention of pollution from ships form the primary set of regulations governing maritime transportation and shipping. PNA is the enforcement authority for this Convention in Argentina. This Service has therefore taken all necessary organizational steps as well as regulatory, operational and administrative procedures to give these provisions full force and effect. These core missions play a major role within PNA s tasks and are closely related to the achievement of our Service s goals as a safety of navigation law-enforcement agency. As the result of these complex and different tasks, working group sessions of the International Maritime Organization s committees are attended by PNA delegates so as to consider the adoption of proposed amendments. Other typical activities include drafting domestic regulations derived from these international instruments, carrying out ship inspections and surveys, issuing safety certificates, conducting training courses for PNA and merchant marine personnel, making technical decisions and investigating marine casualties, as well as a wide range of other tasks derived from the SOLAS Convention. SHIP INSPECTION AND CERTIFICATION Inspection and certification of safety conditions on board vessels are carried out by PNA, according to international conventions in which all relevant details and domestic complementary regulations are established. These tasks are fulfilled by PNA to honour Argentina s commitments both as Flag and as Port State, in the latter case with respect to vessels calling at ports located in Argentine territory.

10 In the first case, testing the vessel safety conditions implies examination and approval of plans and the corresponding calculations; analysis of ship building, modification and scrapping projects; carrying out measurements and calculations in order to assign load lines and determine tonnage measurement; gathering all related technical information and issuing domestic and international safety certificates after analyzing technical surveys on hulls, propelling plants, electrical installations, communication and pollution prevention equipment and life-saving appliances. The PNA Technical Navigation Department has been entrusted with fulfilling the above tasks. A quality management system was therefore implemented based on ISO 9001:2000 international standard and meeting technical and documentation requirements. In this regard, and in order to carry out specific procedures, in particular, to analyze audit reports and corrective and/or preventive actions, this quality management system was certified by two internationally well-known organizations: the Argentine Standardization Institute (IRAM, in Spanish) IQnet and Lloyd s Register Quality Assurance (LRQA). In connection with Port State Control standards, PNA tasks and missions are governed by the Viña del Mar Agreement signed by Latin American Maritime Authorities according to IMO s adopted measures intended to coordinate ship monitoring and control at the regional level so as to increase the level of compliance with international safety regulations. NATIONAL REGISTRY OF SHIPS The National Registry of Ships provides nationality to all ships and guarantees vessel legal traffic. These two tasks are performed through publications. Although there is an obvious distinction between them, they are both closely linked. The former task is carried out when a ship is registered in the National Registry. This registration which also grants the Argentine nationality authorizes vessels to fly the national flag and subjects them to national laws. This is directly related to safety law-enforcement, navigation safety and the safety of human life at sea, i.e., administrative tasks within the scope of PNA missions. The latter task is aimed at registering vessel ownership and its modifications so as to ensure that all legal matters and documentation regarding ships are in order as well as to provide security and efficiency to any transactions made on vessels, taking into account the costs involved. This task implies property monitoring and goes beyond administrative purposes for the benefit of individual interests and to prevent legal order disruptions. REGISTRY AND AUTHORIZATION OF MERCHANT MARINE PERSONNEL Once Merchant Marine personnel have successfully completed their studies, they are registered and authorized to navigate by PNA. Certificates are endorsed and shipping documentation is provided to Merchant Marine personnel by this Service. The PNA Crew and Pilotage Department has been entrusted with fulfilling the above tasks. A quality management system was therefore implemented based on ISO 9001:2008 international standard and meeting technical and documentation requirements. In this regard, and in order to carry out specific

11 procedures, in particular, to analyze audit reports and corrective and/or preventive actions, this quality management system was certified by two internationally well-known organizations: the Argentine Standardization Institute (IRAM, in Spanish) IQnet and Lloyd s Register Quality Assurance (LRQA). PNA is also involved in the qualification and training of petty officers from the Merchant Marine. To this end, several schools are located within the PNA premises, both for deck and auxiliary services personnel. This contribution to the Merchant Marine development is complemented with the specific identification of minimum educational requirements to be met for safety of navigation purposes. For such ends, tailor-made courses are given by PNA according to the provisions of related international conventions. Medical examinations are also conducted by PNA in order to check and certify seafarers physical fitness. Additionally, vessels are granted a safety manning certificate by PNA. The minimum safety manning is determined according to international and domestic regulations in force taking into account the particular features of each vessel and the service for which it is intended. The overall aim is to ensure the correct operation of both essential and emergency services on board. Shipowners, shipping agents, naval experts, engineers, shipbuilders and naval building technicians as well as other navigation-related shore personnel are also subject to registry and authorization by PNA. As in previous cases, this Service is also entrusted with keeping a record of seafarers background information and their professional performance. Once the Merchant Marine embarked personnel are about to retire and based on their record book which are in our Central Record File, PNA issues embarking and disembarking record sheets, valid documentation to proceed with and receive their pension. VESSEL TRAFFIC SERVICE (VESSEL MONITORING) As the result of increased activities regarding water transportation and traffic in navigable waters and at ports, aids to navigation systems needed to be improved specially in connection with river and maritime traffic monitoring and arrangement. Safety levels were thus significantly increased. Monitoring ships navigating in Argentina s jurisdictional waters is implemented through the Vessel Traffic Service (VTS) which is made up of several location and identification systems to pinpoint vessels navigating along rivers and at lakes inside the country and at sea. New demands were created since 90% of Argentina s foreign trade is made through rivers and/or the sea. PNA is able to meet these demands dynamically and efficiently when regulating vessel traffic so as to have safe and trouble-free navigable waterways. In this way, over 2,000,000 vessel movements are facilitated each year and over 8,000,000 passengers and 163,000,000 tons of goods are safely carried. The efficient vessel traffic monitoring service is fully operational with state-of-the-art equipment and highly qualified staff. This service is aimed at ensuring proper management of vessel movements in the most critical areas having major impact on water transportation. For such ends, the Automatic Identification

12 System (AIS) is implemented featuring remote camera and radar links. PNA is a Latin-American leading authority in this field. AIS systems installed at the VTS Centres located at PNA s coastal stations pick up and broadcast information regarding vessel movements and port operations. This system is used to graphically display data about physical and navigational conditions of vessels which must carry AIS on board so as to comply with specific rules and standards by the International Maritime Organization (IMO). Information obtained in this manner may be sent to specific sectors engaged in vessel and port operations. These recipients must be properly registered before PNA. Coastal stations have additional equipment to facilitate technology integration which is used to make differential positioning corrections so as to increase shipping monitoring, surveillance and safety. WATER POLLUTION PREVENTION Analyzing the most effective way to face problems posed by pollution from ships became a priority as the result of shipping and water transportation development, the increasing size and tonnage of vessels and fleets, and cargo complexity at the international level. In 1973 the International Convention for the Prevention of Pollution from Ships was adopted at a conference called upon by the International Maritime Organization (IMO). This convention was later on complemented with a Protocol adopted in These two legal instruments became known as MARPOL 73/78 Convention which is concerned with the ship in its entirety. Provisions are included about vessel design and devices to be carried onboard to prevent pollutant releases. Another major legal instrument completed in 1990 was the International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC Convention). Just as pollution prevention is stressed in MARPOL 73/78 Convention, the OPRC Convention emphasis is placed on clean-up and decontamination tasks once an oil spill has occurred. This convention, however, not only provides for damage compensation. Reference is also made in several articles to the prevention of polluting incidents specially when dealing with contingency planning. According to Law No , PNA is entrusted with implementing and ensuring compliance with adopted rules and standards to prevent water pollution by oil or other noxious substances. As a result, PNA is the enforcement authority in this respect as stated in the corresponding legislation through which the above international conventions have been adopted by Argentina. The penalty and liability system as well as the measures to restore the damaged environment are stated in Law No , Act on Prevention and Control of Pollution from Ships and Naval Crafts. In connection with this type of activities, the Environmental Protection Directorate (Environmental Safety Department) implemented a Quality Management System which was certified in 2004 by the Argentine Standardization Institute (IRAM), according to ISO 9001:2008 standard.

13 Moreover, the Technological Scientific Department of said Directorate reached accreditation under the ISO/IEC :2005 international standard for the laboratory of Dr. LELOIR PNA-SPA-1 Scientific Vessel, which was granted by the Argentine Accreditation Body in Furthermore, in the same period, the chemical laboratory for expert examination of the Criminal Investigations Department (Port and Maritime Security and Judicial Law-Enforcement Directorate) was also accredited under the same Standard. MONITORING OF CARRIAGE OF DANGEROUS GOODS BY SEA Around 50% of seaborne cargo may be considered dangerous, potentially dangerous or damaging to the environment according to the classification and identification criteria adopted by the International Maritime Organization. Some cargoes are dangerous in terms of safety and their polluting capacity, while others are damaging to the marine environment. The International Convention for the Safety of Life at Sea (SOLAS Convention) is a legal instrument containing specific rules on the subject which served as a basis for drafting other documents such as the International Maritime Dangerous Goods Code (IMDG Code) in which a wide array of measures for the safe carriage of dangerous goods and pollution prevention are described. PNA, acting as enforcement authority for this Convention, has established regulations to implement measures regarding identification, packaging, documentation and other details aimed at ensuring proper monitoring of dangerous goods operations. Coordination is also established between the PNA and other agencies to harmonize measures regarding the carriage of dangerous goods in other scenarios. JURISDICTIONAL WATERS SURVEILLANCE According to PNA General Act (Law No ), this Service has been entrusted with law enforcement missions within Argentine navigable waters at sea, rivers, lakes, channels and other navigable areas devoted to traffic and trade between jurisdictions, as well as at ports under national jurisdiction. The PNA General Act is in line with the Homeland Security Act, Law No Maritime jurisdictional waters are included in its scope. Moreover, Argentina s intervention is extended up to 200 nautical miles from coastal baselines, according to Law No in which several principles of the 1982 United Nations Convention on the Law of the Sea are included. PNA s jurisdiction and scope is therefore clearly established in the three above-mentioned Laws. Jurisdictional water surveillance and law enforcement in those areas to ensure compliance with standards, regulations, maritime ordinances and other rules in force are missions typically conducted by PNA districts, units and stations. Coast guard cutters and aircrafts located along Argentine sea and river coastlines are deployed for such ends.

14 The Exclusive Economic Zone (from 12 to 200 nautical miles) is of particular importance to Argentina as the result of important natural resources found in those waters, sea-bed and subsoil. PNA also has fishing control functions pursuant to the provisions of the Federal Fishing Regulations (Law No ). According to this and other related legislation, PNA has been entrusted with law enforcement missions as an auxiliary fisheries protection agency. These patrimonial rights of Argentina acting as Coastal State over the Nation s jurisdictional sea require permanent surveillance by PNA surface and air units in order to prevent and deter unlawful fishing activities performed by unauthorized foreign vessels. PNA has authority to detain trespassing vessels, follow summary legal proceedings and impose penalties for violations according to the Federal Fishing Regulations. Finally and in connection with jurisdictional water monitoring and compliance with legislation, PNA entered into several cooperation agreements with provinces and national agencies to deter illegal hunting and fishing at sea and in rivers and to prevent and control water pollution. ASSISTANCE TO SHORE COMMUNITIES Assistance is rendered by PNA to shore communities within its jurisdiction as one of its core missions. A major contingency typically requiring assistance concerns floods which periodically affect shore populations in different areas of the country. PNA districts and units are ready to respond to such emergencies, rendering preventive assistance and salvage services to help and rescue people and protect their property successfully. PNA evacuates, provides shelter and gives medical aid to individuals in distress using its own equipment and staff. Sometimes coordination is established for the use of additional resources belonging to national, provincial and city council authorities and even to local private individuals, according to the specific circumstances and requirements of each case. Safety and control measures are also taken in order to prevent plundering. An alert phase is typically included in emergency plans to render assistance in case of floods. During this phase weather reports are broadcast, land and river patrols are increased in order to alert shore or island populations and safety measures of port facilities are checked. When waters reach a critical level, human resources and equipment are deployed according to the type of emergency involved. Updated information regarding the most sensitive and risky areas is kept in evacuation plans in order to expedite relief and prioritization of efforts. Besides the above missions, a wide array of tasks are conducted by PNA so as to help improve the standard of living of shore populations, such as sanitary and vaccination campaigns, dental checks, school sponsoring, school elements supply, community talks by specialized staff, etc. PNA has frequently been called upon to render assistance in all sorts of emergencies and the Service history is full of heroic deeds performed silently by its staff for humanitarian reasons.

15 RECREATIONAL BOATING AND PNA PNA has been entrusted with drafting rules for sports navigation and recreational boating as well as with certifying sports crew members in the following categories: grumete, conductor náutico, timonel de yate, patrón de yate and piloto de yate TN1. Seafarers conduct is administratively overseen by PNA, which is also is responsible for certifying underwater sports activities, and keeping a record of them. Shipbuilding design, safety equipment verification and ship scrapping are included in PNA s typical missions. Tasks regarding sports navigation and recreational boating are aimed at ensuring safety of life at sea. A regulatory framework is drafted taking into account users opinions so as to ensure harmonic interactions between those who take navigation as a hobby or occasional sports activity and those professionals who make a living out of it. Awards are presented in a special ceremony every year to those members of the boating community who have been given international or continental prizes and to related bodies which had remarkable performances in sports navigation and recreational boating during the previous year. SECURITY AND PUBLIC ORDER One of the main tasks of any State is to ensure citizens security and public order. Without them, people would not be able to exercise their full rights or perform their activities freely. Public security law enforcement is therefore one of the specific branches of any State s law enforcement power. Consequently, law enforcement missions are conducted by PNA within this Service s mission scope and jurisdiction. In short, any State has been entrusted with general law-enforcement and specific public security lawenforcement functions. More specifically and in connection with PNA s core missions, several subdivisions have been made, called shipping and navigation safety law-enforcement, public security law-enforcement (to deter and prevent crimes and misdemeanours), Judiciary-related law-enforcement, water environment and natural resources law-enforcement and, as a complement, law enforcement for customs, migration and health matters as well as at navigation administrative jurisdiction. In connection with public security law-enforcement, PNA has been entrusted with providing safety and security in neighbourhoods and districts as may be deemed necessary for preventive and deterrence purposes. For such ends, human, logistics, land, air and maritime resources are deployed. This wide array of law enforcement missions and tasks whose core is found in shipping and navigation safety law enforcement has been entrusted to PNA through their districts units and specialized sections having qualified staff and proper equipment. TN1 Different degrees of recreational boating crewmember certification which depends upon the yacht size.

16 CRIMES AND INFRINGEMENTS PNA has been essentially entrusted with preventing and deterring crimes and infringements within the federal jurisdiction. These cases must be brought before the federal justice or national authorities. This does not exclude PNA s intervention in cases involving common offences to be brought before local courts when unlawful actions are in the process of being committed or when offenders are to be prevented from escaping. In these cases, once the necessary evidence has been collected and the suspects and alleged offenders have been arrested, the facts are submitted to competent authorities as soon as possible. PORT SAFETY AND SECURITY PNA has been entrusted with specific missions at ports within national jurisdictional waters, i.e. in those navigable stretches of water connecting two or more provinces in which trade between jurisdictions is performed. PNA carries out its missions within these boundaries as one of the law enforcement agencies of the Nation, protecting shipping and navigation safety as well as ensuring citizens and judicial security. Applicable rules and standards are strictly enforced in port waters in which navigation is generally restricted or risky. PNA has also been entrusted with preventing and deterring crimes, misdemeanours and infractions which may pose a direct or indirect danger, obstruction or disturbance to shipping safety and related port activities. PNA therefore conducts missions as a public order enforcement agency at ports through its local districts and units. Moreover, pertinent rules and regulations, such as those prepared by this Service (i.e. maritime and law enforcement ordinances) are enforced by PNA according to specific regulations in force at each port. Besides acting as a public order enforcement agency, assistance to the Judiciary is also rendered by PNA to investigate offences during the fact-finding period to aid federal judges hearing specific cases. A legal proceedings office with specialized personnel is therefore located at every PNA local unit. In case of common, non federal offences, actions are taken by PNA under certain circumstances. Urgent measures are adopted to find evidence, pursue and arrest suspects, and inform local competent authorities. PNA has also been entrusted with rendering inspection and survey services at port facilities so as to conduct port risk assessments. These are vital factors when preparing Port Security Plans and audits in their initial and maintenance phases, according to the provisions of the International Ship and Port Facility Security Code (ISPS Code). This international legislation is aimed at ensuring implementation of measures to protect port facilities, ships, people and cargoes from risks to citizens and maritime security. For such ends, all these efforts are aimed at detecting threats and adopting preventive measures in case of incidents risking the safety of

17 ships or port facilities engaged in international trade so as to build up confidence regarding the availability of adequate and proportionate measures. DRUG INTERDICTION PNA s staff must be continuously prepared to combat illegal drug trafficking as the result of specific circumstances prevailing in frontiers and at port areas where international traffic and trade take place. Therefore, training courses on modern investigation techniques in Argentina and abroad are routinely taken by PNA personnel. Active cooperation among agencies at the national and international level is required as the result of the multi-national nature of drug-related problems in order to prevent and deter these criminal activities across national borders. In response to the international concern to fight drug trafficking and as part of the Service s efforts and missions, PNA was able to detect major criminal networks and seized large quantities of illegal drugs. ASSISTANCE TO THE JUDICIARY Law enforcement missions are conducted by PNA and assistance to the Judiciary is also rendered within this Service s jurisdiction. Legal orders issued by competent judges for vessel seizures and detentions are enforced by PNA in order to prevent ships from leaving port. In most cases, these detentions are derived from suits filed at civil, commercial or labour courts by shipowners, masters or their legal representatives. Such orders are enforced by PNA when vessels arrive at ports and in jurisdictional waters as an exception at the request of competent judges, disregarding the vessel s condition and location in those waters. Assistance to the Judiciary is rendered by PNA and consequently federal offences committed within PNA s jurisdiction are also investigated. A preliminary fact-finding investigation is conducted according to the provisions of the Criminal Procedure Code. During this stage, evidence is gathered and findings are submitted by PNA to the judge hearing the case. VESSEL REFLOATING Domestic transportation and a large percentage of foreign trade both take place at approaches to sea and river ports and harbours and in any navigable stretch of water. These approaches are largely made up of large channels with a limited capacity when considering the increasing size of ships. It is therefore very important to keep these waterways clear so as to ensure an efficient and trouble-free traffic of vessels. PNA has been entrusted with recording and inspecting ships and naval crafts which are sunk or aground in Argentine jurisdictional waters and with monitoring or carrying out their removal or demolition when they pose an obstruction or danger to navigation.

18 In this way, necessary tasks are fulfilled so that the Argentine State will be transferred those sunken and inactive ships to be subsequently disposed of either by removal or extraction in order to facilitate shipping and navigation and to ensure port infrastructure operational capabilities. Refloating operations are conducted using highly qualified staff and state-of-the-art equipment such as cranes of several sizes, underwater search robots, sea towing ships, side scanning sonars, etc. MARINE CASUALTY INVESTIGATIONS Marine casualty investigation is one of the major missions performed by PNA not only in order to identify emerging legal responsibilities and consequences on the professional performance of the merchant marine personnel involved, but also to assess the efficiency of navigation safety regulations and their potential capacity for improvement. Proceedings in case of shipwrecks, collisions, groundings and other maritime incidents are conducted by PNA jurisdictional units and they are monitored by the Port and Maritime Security and Judicial Law Enforcement Directorate. The International Maritime Organization (IMO) is provided with casualty reports by PNA as required by IMO together with a summary of conclusions drawn from the most outstanding incidents investigation. EDUCATION AND TRAINING A lot of attention has been paid to education which is one of the foundations for carrying out our Service s goals and missions properly. The Education and Training Directorate has been entrusted with arranging, supervising and monitoring PNA personnel training and qualifications After finishing high school and sitting for an admission exam, young males and females from all over the country join PNA Training Academy where professional academic and practical instruction is given to qualify them to fulfil tasks as future PNA officers and petty officers. PNA Training Academy is included in the structure of the University Institute of Maritime Safety and Security, established by Law No , which enabled to develop an educational offer acknowledged by the Argentine Ministry of Education. The diplomas given are the following: after doing a three-year course and a one-year fellowship, Officers receive either a Diploma in Maritime Safety or in Administration and Accountancy of the Public Sector specialized in Maritime Administration, according to their career paths. After doing a two-year course, Petty Officers receive the Diploma in University Technician specialized in Safety, Navigation, Communications, Rescue or Administrative Management, according to their career paths. PNA personnel, members from other agencies, and citizens in general are trained at the National School of Salvage and Diving. Several courses are offered there such as Professional and Sports Diving, Rescue Swimmer and National Sports Diving Instructor. A diploma officially acknowledged by the Argentine Ministry of Education is given after finishing the latter course.

19 The Professional Police Training Centre Prefecto General RUBEN OMAR WILLIAMS, which is located in the facilities of Albatros Group, trains our own personnel, other national and provincial police and security forces, and also foreign forces, within the framework of the Argentine Police Agreement, to carry out highrisk tasks. The training is intense and is planned for the performance of specific police activities and the support to Civil Defence Boards, at emergency areas and, at the same time, assisting the community through the offer of advanced courses. The PNA has also been entrusted with overseeing, supervising and monitoring Merchant Marine Staff training and qualifications. For such ends, specific courses are given at several PNA training institutes located at units and stations throughout the country to train deck and engine room personnel as well as staff rendering auxiliary services. Merchant Marine staff training is completed after doing specific courses as established in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW-95). In connection with regional technical cooperation, PNA educational offer is favourably received by members of the Latin American Maritime Authorities.

20 RECIPIENTS OF PNA S SERVICES ACCORDING TO THE ABOVE-MENTIONED PARAGRAPHS, SERVICES RENDERED BY PNA MAY BE GROUPED INTO THE FOLLOWING CATEGORIES: Assistance in distress situations. Information service. Safety and security and prevention. Analysis and adoption. Monitoring and control. Qualification, authorization and records Education and training. Citizens involvement system. Specific recipients are targeted by each one of these service groups. For the purposes of the Letter of Commitment, citizen/user means individuals, groups of people, organizations or business companies mentioned below who are involved with PNA so as to receive specific services or to benefit from the wide array of PNA s missions. National, provincial and municipal administrations Foreign trade agents Shipping agents Shipowners Insurers Vessels Yatch clubs Shipping companies Port facilities On-board personnel Seafarers Commercial operators Recognized security organizations Citizens in general Producers Maritime suppliers Classification societies Port terminals

21 RULES REGULATING PNA S MISSIONS AND TASKS Argentine Constitution National Criminal Code National Criminal Procedure Code PNA General Act, Law No Navigation Act, Law No Jurisdictions Act, Law No Homeland Security Act, Law No Misdemeanours Act, Law No Ports Act, Law No Maritime Spaces Act, Law No Water Pollution Prevention System Act, Law No Federal Fishing Act, Law No Ethics in the Exercise of Public Tasks Act, Law No MAJOR INTERNATIONAL INSTRUMENTS: Convention establishing the International Maritime Organization (IMO Convention) adopted by Law No Convention on Facilitation of International Maritime Traffic (FAL 1965), as amended, adopted by Law No International Convention on Load Lines (LL/1966), as amended. International Convention on Tonnage of Vessels (TONNAGE 1969) adopted by Law No Convention on the International Regulations for Preventing Collisions at Sea (COLREG 1972), as amended and adopted by Law No Convention for the Prevention of Sea Pollution by Dumping of Waste and other Matters (LC 1972), adopted by Law No International Convention for the Prevention of Pollution from Ships, 1973 as modified by its 1978 Protocol, as amended (MARPOL 73/78) adopted by Law No International Convention for the Safety of Life at Sea (SOLAS 74) and its Protocols, as amended, adopted by Laws No , and International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 1978), as amended and adopted by Law No International Convention on Search and Rescue (SAR 1979) adopted by Law No International Convention on Oil Pollution, Preparedness, Response and Cooperation (OPRC 1990) adopted by Law No Through the International Convention for the Safety of Life at Sea, the International Ship and Port Facility Security Code (ISPS) was adopted.

22 RIGHTS AND OBLIGATIONS OF RECIPIENTS OF PNA S SERVICES According to the provisions of Executive Order No. 229/2000, Section 3, and through the program Letter of Commitment with Citizens, PNA undertakes to achieve better receptivity and response to needs and expectations of citizens when rendering services. In this sense, recipients of PNA s services have the following rights and obligations: RIGHTS OF CITIZENS/USERS: Citizens/users are entitled to: Receive services rendered with the highest professional level possible. Quality assurance standards should be met at all times. Be informed in case of potential interruptions of services rendered by PNA and be advised when these services are restored. Have their administrative procedures repeated at no cost should a deficiency or shortcoming by PNA be found in them. Demand compliance with deadlines agreed upon for the rendering of services. Be treated with utmost respect by PNA s authorities and staff. Be aware of the condition and status of their complaints and obtain a copy of documents involved in the complaint procedure when deemed appropriate. Be treated properly according to each person s gender, respecting the regulations in force. OBLIGATIONS OF CITIZENS/USERS: Fulfil administrative steps agreed upon so that the agreed service may be rendered. Furnish true and accurate information when requesting services from PNA in case of emergencies. Comply with regulations and legislation in force. Submit full documentation in its proper order for administrative procedures. Pay fees when necessary.

23 CITIZENS INFORMATION SYSTEM PNA has established several information systems for citizens/users as follows: Internet site ( This Web site features an efficient search tool and a site map to make guidance and access easier to a wide array of subjects. In this Web site, information about a wide array of PNA s missions and practical data are included, such as PNA s organization chart; authorities; national maritime regulations and legislation derived from international conventions; PNA s missions and goals; services rendered; educational activities and higher training institutes; and related sites having access to consultation, complaint and suggestion sections, among others. During the last two years, the Internet Information Centre answered a significant number of queries in connection with the wide array of PNA s missions and tasks. This is a major feedback tool to continuously improve PNA s management and procedures. The IT information channel is aimed at prioritizing and strengthening the relationship between PNA and the community. Guardacostas magazine: This PNA official publication was created on June 26, This is a technical, scientific and cultural magazine sent to a wide array of subscribers, industry-related people and bodies at national and international levels, such as the International Maritime Organization, the International Shipping Federation, the International Federation of Rescue Boats, Maritime Authorities of Latin America, foreign Coast Guards, diplomatic authorities, professional and business associations, water sports associations, educational premises, cultural bodies, etc. Press releases (newspapers and magazines, TV and radios): Information on missions and tasks fulfilled by PNA within its jurisdiction is spread. Brochures and leaflets with general information: These give advice to recreational boaters as well as information regarding legislation in force. Administrative procedure guides: These are distributed through pertinent PNA offices so as to facilitate administrative procedures by users. Conferences and seminars: frequently held to advise the community about technical, legal and cultural developments connected to PNA s missions. Citizens service offices aimed at giving information, channelling consultations, demands and suggestions by citizens regarding PNA s missions and tasks. Basic procedures for citizens attention were established during the implementation stage. Standard technical and methodological requirements were also established so as to ensure proper operations of a typical citizens service office. Guidance and follow-up procedures were designed to promptly channel demands by users to relevant areas.