Legal compliance management is present in all sectors, including the maritime sector, which cannot remain immune to possible criminal risks in the development of its activities.
In the maritime sector, compliance has a special management because maritime and port regulations are extensive, from international agreements in force and binding for the State, to laws and regulations.
Some of the international agreement are:
- International Convention for the Prevention of Pollution from Ships (MARPOL Convention). It is the main international convention that deals with the prevention of pollution of the marine environment by ships due to operational or accidental factors.
- Convention for the Protection of the Marine Environment of the Northeast Atlantic (Paris Convention 1992). The purpose of this agreement is to prevent pollution caused by dumping or incineration, offshore sources, land-based and other sources.
- Convention 178 on Labor Inspection (Seafarers).
- ILO Maritime Labor Convention (2006). This agreement focuses on the labor and social rights of seafarers, reviewing and updating more than 30 pre-existing agreements on different matters in relation to this group.
Within the maritime and port sector, there are various activities, such as: maritime transport, shipbuilding, marine energy, the navy, ports and port services or maritime services.
Some of the risks that exist are those linked to the goods handling and transportation operations, terrorist acts, crimes against the environment or trafficking in illicit substances.
In it trafficking of drugs, weapons and tobacco, maritime transport is the most used means due to the large volume of cargo that can be hidden, either in recreational boats or transporting large cargoes on merchant ships dedicated to legal transport. Drug trafficking is, without a doubt, one of the most frequent problems in contemporary society, not only because of the immense damage it causes to people but also because of the risk it represents for public health.
On the other hand, it must also be taken into account that the workers' rights They must also be respected at sea. To do this, it is necessary that those in charge of applying maritime law know, monitor and ensure the legality of the working conditions, pointing out possible non-compliance that is observed and violations of labor agreements that are committed on board.
It is for all of the above that, in this sector, Compliance reduces conflicts with public entities and prevents the commission of crimes such as those described above, while helping internal control and improving the business image towards third parties.
Finally, it should be noted that the development and implementation of a Regulatory Compliance Program may involve the creation of positive synergies that result in the generation of competitive advantages for the adopting company.
