**Executive Summary**
This office memorandum, dated January 31st, 2018, from the Ministry of Shipping, Ports Wing, outlines the modified procedures for security clearance of bidders for Public Private Partnership (PPP) projects, including dredging projects, in major and non-major ports. These guidelines, approved by the Cabinet Committee on Security on January 3rd, 2018, are to be followed strictly with immediate effect. State Governments/UTs/State Maritime Boards are directed to follow paragraph 8 of the guidelines.
**Key Points / Main Content**
* **General Security Clearance Process:**
* The Ministry of Shipping will share lists of dredging companies/bidders with the Ministry of Home Affairs, Ministry of Defence, and Ministry of External Affairs to obtain security inputs on a case-by-case basis.
* Security agencies must provide inputs within 12 weeks.
* Price bids will not be opened until security clearance is granted.
* Security clearance is valid for five years, conditional on the company providing required updates.
* Clearance for engagement of foreign personnel will be obtained from the Ministry of Home Affairs and shared with the Ministry of Defence and Ministry of External Affairs.
* **Dredging Projects:**
* Security clearance is valid for five years for a particular port.
* Dredging companies must inform the Ministry of Shipping of any change in management control or a change of more than 10% in shareholding within two weeks. Failure to notify may result in withdrawal of security clearance.
* Fresh security clearance is required if there is any change in management control of the company.
* Approval is needed for any change in equipment or vessels involving foreign origin, as well as the engagement of foreign personnel.
* If a dredging company, already cleared, wishes to bid for another Port, it would require clearance only from the Ministry of Defence/Indian Navy.
* **Port Projects under PPP Mode:**
* Same conditions as for dredging projects apply for a change in management control or change of shareholding
* **Harmonization and Review:**
* The Ministry of Shipping will adhere to the validity period of security clearance as prescribed by the MHA.
* An Inter-Ministerial Committee chaired by the Secretary of the Ministry of Home Affairs will address delays in receiving security inputs. The Empowered Committee chaired by the Cabinet Secretary will review the status regularly.
* **Non-Major Ports:**
* States/UTs must seek security inputs for new projects in non-major ports, including private ports.
* State Maritime Boards/State Governments should apply to the relevant Central Government ministries for security inputs on bidders.
**Impact Analysis**
**Stakeholder: Ministry of Shipping**
* **Impact:** Responsible for implementing the modified security clearance procedures and communicating with other ministries and agencies.
* **Action Required:** Share lists of bidders with relevant ministries, obtain security inputs, and ensure companies comply with reporting requirements.
**Stakeholder: Dredging Companies/Bidders**
* **Impact:** Subject to the new security clearance procedures and reporting requirements.
* **Action Required:** Provide accurate and timely information to the Ministry of Shipping regarding changes in management control or shareholding and seek necessary clearances for projects.
**Stakeholder: Ministry of Home Affairs, Ministry of Defence, Ministry of External Affairs**
* **Impact:** Required to provide security inputs within the stipulated timeframe.
* **Action Required:** Process requests for security inputs promptly and share relevant information with the Ministry of Shipping.
**Stakeholder: State Governments/UTs/State Maritime Boards**
* **Impact:** Responsible for implementing the new security clearance procedures in non-major ports.
* **Action Required:** Seek security inputs for new projects and consider inputs from security agencies.
**Stakeholder: Major Ports, Kamarajar Port Limited, Indian Ports Association, Maritime States and UTs**
* **Impact:** Required to adhere to the new security clearance procedures.
* **Action Required:** Comply with the new procedures for security clearance of bidders for PPP projects.
Key Entities Referenced
Ministry of Shipping: Central ministry responsible for implementing the modified procedure for security clearance of bidders in PPP port projects.
Public Private Partnership(PPP): Projects involving both public and private entities, particularly concerning major ports and dredging activities which this policy impacts.
Cabinet Committee on Security: Committee that approved the modified guidelines for security clearance for bidders in respect of port projects.
Ministry of Home Affairs: A central ministry that provides security inputs regarding dredging companies/bidders in Port projects
Major Ports: The location to which this policy on streamlined security clearance procedures applies.
F. No.240 1 81 121201 4-SCC
Government of India
Ministry of Shipping
Ports Wing
Transport Bhawan,
1, Parliament Street,
New Delhi - 110 001
Date: 3,1.1 January ,2018
L
oFFtcE MEM9RANDUU
Subject:- Streamlining of procedures in the award of public private
Partnership(PPP) projects in the Major Ports - Modified procedure to be
followed for security clearance in respect of bidders - Reg.
*******
The undersigned is directed to say that Cabinet Committee on Security in its
meeting held on 3.1.2018 has approved the modified guidelines prepared for the
procedure to be followed for security clearance for bidders in respect of port projects
under PPP mode including dredging projects in Major Ports and the same is
foruuarded herewith for strict compliance with immediate effect.
2.
All State Governments/UTs/State Maritime Boards may follow the para 8 of
the above guidelines strictly with immedidte effect in respect of non-major ports/minor
ports/private ports under their jurisdiction.
lA.K. SARANI
Director
Tel. No. 011-23714714
Encl: as above
1.
Cabinet Secretariat (SGP Verghese, Director), Rashtrapati Bhawan, New
Delhi with reference to their OM No.620/1 1112017-TS dated 08.01 .2018.
2.
Cabinet Secretariat, (Shri Anil Dhasmana, Secretary (RAW)], Paryavaran
Bhawan, New Delh.
3.
Ministry of Home Affairs (Shri Mukesh Mangal, Director(lS.l), North Block,
New Delhi.
4.
Ministry of Defence [Smt Devika Raghuvanshi, Joint Secretary(Navy)] South
Block, New Delhi.5. Ministry of External Affairs (Shri A.K. Singh, Under Secretary), Jawahar Lal
Nehru Bhawan, Janpath, New Delhi.
6. National Security Council Secretariat, [Shri A P Golaya, Captain, Senior
Defence Specialist), 3'd Floor, Sardar patel Bhawan, Sansad Marg, New
Delhi.
'
7 Intelligence Bureau, (shri Anshul sharma, Director), 35, sardar patel
Marg,
8'
chairman, At Major port rrusts for strict compriance.
9.
CMD, Kamarajar port Limited for strict compliance.
10'
11' Managing Director, Indian ports Association, New Derhi.
chief secretary of all maritime states and UTs [west Bengal, odisha, Andhra
Pradesh, Tamil Nadu, Kera14 Karnataka, Goa, Maharashtra,
Gujarat,
Puducherry, Andaman & Nicobar lslands, Lakshadeep, Daman & Diu, Dadra
& Nagar Havelil.
Copv to:
(i) OSD to Hon'bte Minister of Shipping.
(ii) PS to Minister of State(Shipping) (pR),
( iii) PS to Minister of State(Shipping) (MM),
(iv) PS to Secretary(Shipping),
(v) PS to AS&FA/PS to Js(pypps to JS(s&A)/ps to
JS(sM)/ps
Adviser(Economic)/pS to Adviser (Transport)
(vi) Dir(D KR)/Di(SS)/D (AC)/DS(Acyco(p
i B)
(vii) us(sRD)/US(sc)/u s(s Kyus(RK)/uS(KBH)/uS(NK)/uS(RN)
(viii) PD'l/PD.lllPD.lll/PD.lV/PD.V/PD.Vll/Security
Ctearance Cell/ Sagarmata Cell
(ix) Nlc for uploading the security clearance Guidelines in the Ministry of
Shipping's website.GUIDELINES FOR PROCESSING THE SECURITY CLEARANCE OF BIDDERS
RESPECT OF PUBLIC PRIVATE IN
PARTNERSHIP (PPP)
PROJECTS
AND
DREDGING PROJECTS IN MAJOR PORTS AS APPROVED BY CCS ON 0.11.2017.
1
1'
In respect of Dredging projects, the Ministry of Shipping would share the list of
dredging companies/bidders
with the Ministry of Home Affairs, Ministry of Defence and
Ministry of External Affairs on a case to case basis for seeking security inputs. on
receipt of the details, security agencies would provide their inputs on such a list to
Ministry of shipping within 12(twelve) weeks. security crearance accorded to the
dredging companies would be valid for five years for a particular por1.
During this
period' the concerned dredging companies would communicate to the Ministry of
Shipping information regarding
(a)
In such cases, fresh security clearance shall be obtained. The dredging
companies will be bound to communicate the information on changes in
management control to the Ministry of shipping within two weeks and any
lapse can result in withdrawing the security clearance arready granted.
This information will be communicated to the security agencies by the
Ministry of shipping within one month of the change taking prace for
seeking fresh security clearance.
(b)
In such cases, the dredging companies will be bound to communicate
information on changes in shareholding of the company to the Ministry of
shipping within two weeks and any rapse can resurt in withdrawing the
security clearance already granted.
This information will be communicated to the security agencies by the
Ministry of shipping within one month of the change taking place. In case,as a result of any change in shareholding of the compa ny, if any security
concern is raised in the course of enquiry, the Ministry of shipping would
immediately take necessary action on the findings,
2'
Approval for any change in equipment or vessel involving foreign origin and
clearance for engagement of foreign personnel will be obtained from all
security
agencies' In this regard, Ministry of shipping would share all such information with the
Ministry of Home Affairs, Ministry of Defence and Ministry of Externat Affairs. lf
a
dredging company, which has already been cleared, wishes to bid for another port, it
would require clearance only from the Ministry of Defence/lndian Navy. However, the
information regarding award of the dredging project including particulars of the vessels
and the foreign personner shourd be shared with MHA, MEA and MoD.
These
provisions are also to be appropriately incorporated in the contract to be signed by
Major Ports with the selected dredging companies so that action could be initiated on
grounds of security considerations, if required.
3'
In respect of Port projects, the Ministry of shipping would share the list of
companies/bidders with the Ministry of Home Affairs, Ministry of Defence and Ministry of
External Affairs on a case to case basis for seeking security inputs. The security
agencies will provide the inputs within 12 weeks and price bids would not be opened till
security clearance is accorded by Ministry of Shipping.
4'
The Ministry of Shipping would also separately prepare and circulate a list of all
Indian and Foreign companies who normally bid for port projects to the concerned
security agencies. on receipt of the details, security agencies would provide their
inputs on such a list to Ministry of shipping within 12(twelve) weeks.
5'
Once security clearance is accorded by Ministry of Shipping to any company,
based on inputs from the relevant Ministries/Departments/ organizations for any port
project, such clearance in respect of the company would be valid for five years with the
following cond itionalities:-(i)
During this period, the concerned companies would communicate the
information to the Ministry of Shipping regarding:_
(a)
ln such cases, fresh security crearance shail be obtained.
The
concerned companies wourd be riabre to inform the above change
to the Ministry of Shipping/concerned port
within 2 weeks fairing
which the security crearance arready accorded can be withdrawn.
This information wiil be communicated to the security agencies by
the Ministry of shipping within one month of the change taking
place for seeking fresh security clearance.
(b)
In such cases, the concerned companies wourd be riabre to inform
the change in sharehording of the company to the Ministry of
shipping/concerned port within 2 weeks failing which the security
clearance already accorded can be withdrawn. This information will
be communicated to the security agencies by the Ministry of
shipping within one month of the change taking place. rn case, as
a
result of any change as mentioned above, if any security
concern is raised in the course of enquiry, the Ministry of
shipping would immediately take necessary action on the findings.
(ii)
clearance for engagement of foreign personner wiil be obtained from
Ministry of Home Affairs and this information would be shared with Ministry of
Defence, Ministry of External Affairs.
6'
To harmonise the validity period of security clearance for both ppp projects and
dredging projects in Major Ports with the guidelines issued by MHA from time to time,
Ministry of Shipping would follow the validity period of security clearance as prescribedby MHA from time to time as security clearance matter is under exclusive domain of
MHA' Any subsequent changes in the validity period of security clearance by MHA
would be adopted by Ministry of shipping with the approval of Minister in-charge of
Ministry of Shipping.
'
7 In case of any delay in receiving security inputs from the agencies concerned, an
Inter-Ministerial committee, chaired by secretary, Ministry of Home Affairs would
ascertain the cause of delay and take necessary action. The status would be reviewed
by the Empowered committee chaired by the cabinet secretary at regular intervals.
8'
As more than one third of India's shipping trade takes place through non-Major
Ports' security clearance is essential for non-Major ports, including private ports, set up
in Public Private Partnership(PPP) mode in the state sector due to the sensitiveness of
the Port sector' Accordingly, all states/UTs will arso have to seek necessary security
inputs for new projects being developed by them as per the provision of
these
guidelines' As all non-Major Ports are under the purview of concerned state
GovernmenuUT in which the port is situated, the state Maritime Boards/ state
Governments may apply to Ministry of Home Affairs, Ministry of Defence and Ministry of
External Affairs in Government of India to get security inputs on the bidders of the
projects at non-Major Ports and shall consider the inputs received from the security
agencies in consonance with the security clearance guidelines issued by MHA from
time to time' ln case of change in management control of company for both dredging
and port projects under PPP mode, fresh security clearance as per procedure laid down
at Para 1 and para 5 above will be required.