A legal and regulatory framework is crucial for implementing a Port Community System (PCS) to ensure standardized data exchange, protect stakeholders' interests, and maintain security and privacy. Additionally, it provides clear guidelines for operations, fostering trust and collaboration among port and logistics players. The key elements of a legal framework for a PCS involve defining the rights, obligations, and liabilities of all stakeholders (including the PCSO) and ensuring that data exchange adheres to privacy, intellectual property, and contractual laws. It also provides mechanisms for dispute resolution and safeguards against misuse or unauthorized access to information. The International Maritime Organization (IMO), the World Customs Organization (WCO), United Nations Economic Commission for Europe (UNECE) and the International Association of Ports and Harbors (IAPH) have provided governments with the information they need to establish regulations and draft laws related to a PCS to shape the future of maritime trade around the world. Specifically, the UNCITRAL Model Laws offer internationally recognized standards and guidelines that can serve as a foundation for countries to develop their national legal frameworks for a PCS. International organizations around the world have played a crucial role in the development of regulatory frameworks for the PCS. The range of foundational laws related to electronic records and transactions, privacy and data protection laws are vital in the establishment of a PCS. The review of regulations related to telecommunications concessions is required in developing countries to ensure the availability of efficient and resilient infrastructure for local or national roll out of a PCS. Finally, the establishment of Service Level Agreements from implementation stage to operational stage will drive successful customer experience and operational efficiency of the ports.
Authors
- Disclosure Date
- 2024/10/04
- Disclosure Status
- Disclosed
- Doc Name
- Legal and Regulatory Framework : Port Community Systems
- Pages
- 20
- Product Line
- Advisory Services & Analytics
- Published in
- United States of America
- Rel Proj ID
- 1W-Port Community Systems For Sustainable Maritime Trade Facilitat -- P176587
- Unit Owning
- Prosperity-TIC-Trade and RI (ETIRI)
- Version Type
- Final
- Volume No
- 1
Table of Contents
- 1. Introduction 4
- 2. Enabling international and regional environment 4
- 2.1. International Association of Ports and Harbors IAPH 4
- 2.2. UNCITRAL 4
- 2.3. World Customs Organization WCO 5
- 2.4. United Nations Economic Commission for Europe UNECE 6
- 2.5. International Maritime Organization IMO 6
- 2.6. European Union EU 7
- 3. Existence of a PCS into national legislation 7
- 3.1. Europe versus the rest of the world 7
- 3.2. Critical relationships between MSW and PCS 8
- 4. Exploring national legal frameworks 9
- 4.1. Cross borders agencies 9
- 4.2. Telecommunications laws 9
- 4.3. Concessionaires 10
- 4.4. Data governance 10
- 4.5. Essential agreements for effective functioning of a PCSO 12
- 4.6. PCS implementation SLA 13
- 4.7. PCS operations and SLAs 13
- 5. Countries review 15
- 5.1. Jamaica 15
- 5.2. Mauritius 15
- 5.3. Peru 16
- 5.4. Morocco 17
- 5.5. Democratic Republic of Congo DRC 17
- 5.6. New Caledonia 18
